Unit 12- K00R3600081 - PPAD Environmental Sciences - Final Revised.pdf

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

REQUEST FOR PROPOSALS (RFP)

TECHNICAL ASSISTANCE IN ELECTRICAL GENERATION AND

TRANSMISSION - ENVIRONMENTAL SCIENCES

RFP NUMBER: K00R3600081

ISSUE DATE: FEBRUARY 9, 2023

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND

TO THIS SOLICITATION.

Technical Assistance in Electrical Generation and

Transmission - Environmental Sciences

Solicitation #: K00R3600081

RFP Document

RFP for Department of Natural Resources

Page ii of 136

VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information

Summary Sheet below for contact information).

Title: Technical Assistance in Electrical Generation and Transmission - Environmental Sciences

Solicitation No: K00R3600081

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

• Other commitments preclude our participation at this time

• The subject of the solicitation is not something we ordinarily provide

• We are inexperienced in the work/commodities required

• Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

• The scope of work is beyond our present capacity

• Doing business with the State is simply too complicated. (Explain in REMARKS section)

• We cannot be competitive. (Explain in REMARKS section)

• Time allotted for completion of the Proposal is insufficient

• Start-up time is insufficient

• Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

• Proposal requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section)

• MBE or VSBE requirements (Explain in REMARKS section)

• Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

• Payment schedule too slow

• Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:__________________________________________________________________________

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

Page iii of 136

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Technical Assistance in Electrical Generation and

Transmission - Environmental Sciences

Solicitation Number: K00R3600081

RFP Issue Date: February 9, 2023

RFP Issuing Office: Department of Natural Resources (DNR or the "Department")

Procurement Officer: Raelene Glasgow e-mail:

Office Phone:

raelene.glasgow2@maryland.gov

410-260-8055

Proposal Submission Responses to this solicitation shall be made through the State’s internet based electronic procurement system, eMaryland

Marketplace Advantage (eMMA - https://emma.maryland.gov/)

Pre-Proposal Conference: February 22, 2023, at 1:00 PM Local Time, using Google Meet video conferencing:

See Attachment A for directions and instructions.

Questions Due Date and Time March 2, 2023, at 10 AM Local Time

Proposal Due (Closing) Date and Time:

March 13, 2023, at 2 PM Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: Functional Area A (Environmental Engineering Services): 30%

Functional Area B (Biological Sciences Services): 30%

Functional Area C (Maryland Biological Stream Survey): 30%

Functional Area D (PPRP Radiological Monitoring and Analysis

Services): 30%

Functional Area E (Coal Combustion Byproducts): 30%

Functional Area F (Long-term Cumulative Impacts Evaluation, Monitoring and Compliance): 30%

VSBE Subcontracting Goal: Functional Area B (Biological Sciences Services): 5%

Contract Type: Indefinite quantity mailto:raelene.glasgow2@maryland.gov https://emma.maryland.gov/

Page iv of 136

Contract Duration: Five (5) Years

Primary Place of

Performance:

As proposed by the Offeror

SBR Designation: No

Federal Funding: No

Page v of 136

TABLE OF CONTENTS – RFP

1 Minimum Qualifications 1

1.1 Offeror Minimum Qualifications 1

2 Contractor Requirements: Scope of Work 2

2.1 Summary Statement 2

2.2 Background, Purpose and Goals 2

2.3 Responsibilities and Tasks 2

2.4 Deliverables 4

2.5 Service Level Agreement (SLA) 6

3 Contractor Requirements: General 7

3.1 Contract Initiation Requirements 7

3.2 End of Contract Transition 7

3.3 Invoicing 9

3.4 Liquidated Damages 13

3.5 Data Ownership and Access 13

3.6 Insurance Requirements 14

3.7 Security Requirements 15

3.8 Problem Escalation Procedure 17

3.9 SOC 2 Type 2 Audit Report 18

3.10 Experience and Personnel 18

3.11 Substitution of Personnel 20

3.12 Minority Business Enterprise (MBE) Reports 24

3.13 Veteran Small Business Enterprise (VSBE) Reports 25

3.14 Work Orders 26

3.15 Additional Clauses 27

4 Procurement Instructions 28

4.1 Pre-Proposal Conference 28

4.2 eMaryland Marketplace Advantage (eMMA) 28

4.3 Questions 29

4.4 Procurement Method 29

4.5 Proposal Due (Closing) Date and Time 29

4.6 Multiple or Alternate Proposals 30

4.7 Economy of Preparation 30

Page vi of 136

4.8 Public Information Act Notice 30

4.9 Award Basis 30

4.10 Oral Presentation 30

4.11 Duration of Proposal 30

4.12 Revisions to the RFP 30

4.13 Cancellations 31

4.14 Incurred Expenses 31

4.15 Protest/Disputes 31

4.16 Offeror Responsibilities 32

4.17 Acceptance of Terms and Conditions 32

4.18 Proposal Affidavit 32

4.19 Contract Affidavit 32

4.20 Compliance with Laws/Arrearages 33

4.21 Verification of Registration and Tax Payment 33

4.22 False Statements 33

4.23 Payments by Electronic Funds Transfer 33

4.24 Prompt Payment Policy 34

4.25 Electronic Procurements Authorized 34

4.26 MBE Participation Goal 35

4.27 VSBE Goal 39

4.28 Living Wage Requirements 40

4.29 Federal Funding Acknowledgement 42

4.30 Conflict of Interest Affidavit and Disclosure 42

4.31 Non-Disclosure Agreement 42

4.32 HIPAA - Business Associate Agreement 43

4.33 Nonvisual Access 43

4.34 Mercury and Products That Contain Mercury 43

4.35 Location of the Performance of Services Disclosure 43

4.36 Department of Human Services (DHS) Hiring Agreement 43

4.37 Small Business Reserve (SBR) Procurement 43

4.38 Maryland Healthy Working Families Act Requirements 43

5 Proposal Format 44

5.1 Two Part Submission 44

5.2 Proposal Delivery and Packaging 44

Page vii of 136

5.3 Volume I - Technical Proposal 45

5.4 Volume II – Financial Proposal 52

6 Evaluation and Selection Process 53

6.1 Evaluation Committee 53

6.2 Technical Proposal Evaluation Criteria 53

6.3 Financial Proposal Evaluation Criteria 53

6.4 Reciprocal Preference 53

6.5 Selection Procedures 54

6.6 Documents Required upon Notice of Recommendation for Contract Award 55

7 RFP ATTACHMENTS AND APPENDICES 56

Attachment A: Pre-Proposal Conference Response Form 61

Attachment B. Financial Proposal Instructions & Form 62

Attachment C. Proposal Affidavit 64

Attachment D. Minority Business Enterprise (MBE) Forms 65

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms 66

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts 67

Attachment G. Federal Funds Attachments 69

Attachment H. Conflict of Interest Affidavit and Disclosure 70

Attachment I. Non-Disclosure Agreement (Contractor) 71

Attachment J. HIPAA Business Associate Agreement 72

Attachment K. Mercury Affidavit 73

Attachment L. Location of the Performance of Services Disclosure 74

Attachment M. Contract 75

Attachment N. Contract Affidavit 93

Attachment O. DHS Hiring Agreement 94

Corporate Diversity Addendum…………………………………………………………………………...95

Attachment P-1. Functional Area A: Environmental Engineering Sciences 99

Attachment P-2. Functional Area B: Biological Sciences Services 107

Attachment P-3. Functional Area C: Maryland Biological Stream Survey 118

Attachment P-4. Functional Area D: Nuclear Power Plant Radiological Monitoring and Analysis Support

Attachment P-5. Functional Area E: Coal Combustion Byproducts 126

Attachment P-6. Functional Area F: Long-Term Cumulative Impacts Evaluation, Monitoring and

Compliance Support 130

Attachment Q. Work Order Process for Extraordinary Services and Equipment Purchases 134

Page viii of 136

Appendix 1. Abbreviations and Definitions 136

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no minimum qualifications.

Contractors shall provide key personnel or subcontracted key personnel to meet the preferred requirements to implement and support the contracted work. Preferred qualifications required for each

Functional Area are provided in Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring & Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts Evaluation, Monitoring &

Compliance)

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Natural Resources (DNR or the "Department") is issuing this Request for Proposals (RFP) to provide a continuing program for evaluating science issues related to electric generation and transmission and recommendation of long-term solutions.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror(s) and the State.

2.1.3 The Department intends to make up to six (6) awards based on the six (6) different functional areas, a maximum of one (1) per Functional Area, to the responsible Offeror(s)More than one award may be made to an Offeror as a result of this RFP. See RFP Section 4.9 Award Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background, Purpose and Goals

The majority of the Power Plant Research Program (PPRP) projects are performed by scientists and engineers retained to provide continuing consultation on matters related to power generation issues and are termed “Integrators”. Integrator responsibilities are structured according to topical areas. Issues identified by PPRP and evaluated by consulting Integrators provide information for various decision processes related to power plant and transmission line siting and impact issues. The results form the basis for recommendations to pertinent regulatory bodies. Background and purpose for each Functional Area is provided in Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring & Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts Evaluation, Monitoring &

Compliance)

2.3 Responsibilities and Tasks

Responsibilities and Tasks for each Functional Area is provided in Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring & Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts Evaluation, Monitoring &

Compliance)

2.3.1 Contractor-Supplied Hardware, Software, and Materials

The Contractor is responsible for the acquisition and operation of all hardware, software and network support related to the services being provided and shall keep all software current.

2.3.2 Required Project Policies, Guidelines and Methodologies

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting Information Technology projects, which may be created or changed periodically.

Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised laws, regulations, policies, standards, and guidelines affecting project execution. These include, but are not limited to:

A. The State of Maryland System Development Life Cycle (SDLC) methodology at: http://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx ;

B. The State of Maryland Information Technology Security Policy and

Standards at: http://www.DoIT.maryland.gov- keyword: Security Policy;

C. The State of Maryland Information Technology Non-Visual Standards at:

http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

2.3.3 Product Requirements

A. Offerors may propose open-source software; however, the Offeror must provide operational support for the proposed software as part of its

Proposal.

B. Offeror shall be authorized to furnish the proposed goods and services.

Offerors proposing to resell services of another entity must be authorized by such other entity (See RFP Section 5.3.2).

C. No international processing for State Data. Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited.

D. Offeror consistent expiration dates: A PO for a service already being delivered to the Department under the Contract shall terminate on the same calendar day as the prior product/service. As appropriate, charges shall be pro-rated.

http://www.doit.maryland.gov/ http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx

E. Any Contract award is contingent on the State’s agreement, during the

Proposal evaluation process, to any applicable terms of use and any other agreement submitted under Section 5.3.2. Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

F. The Contractor shall not establish any auto-renewal of services beyond the period identified in Contract documents.

G. In addition to any notices of renewal sent to the Department, Contractors shall email notices of renewal to the e-mail address designated by the

Contract Monitor.

2.4 Deliverables

2.4.1 Deliverable Submission

A. Deliverable requirements for each Functional Area are provided in

Attachments P1- P6, see pages 95 to 136.

B. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

C. Unless specified otherwise, written deliverables shall be compatible with

Microsoft Office, Microsoft Project or Microsoft Visio within two (2) versions of the current version. At the Contract Monitor’s discretion, the

Contract Monitor may request one hard copy of a written deliverable.

D. A standard deliverable review cycle will be elaborated and agreed-upon between the State and the Contractor. This review process is entered into when the Contractor completes a deliverable.

E. For any written deliverable, the Contract Monitor may request a draft version of the deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are required at least two weeks in advance of when the final deliverables are due (with the exception of deliverables due at the beginning of the project where this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.4.3 Minimum Deliverable

Quality.

2.4.2 Deliverable Acceptance

A. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.4 Deliverable

Descriptions/Acceptance Criteria.

B. The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The

Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members.

C. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable.

D. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the

Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

2.4.3 Minimum Deliverable Quality

The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State.

Each deliverable shall meet the following minimum acceptance criteria:

A. Be presented in a format appropriate for the subject matter and depth of discussion.

B. Be organized in a manner that presents a logical flow of the deliverable’s content.

C. Represent factual information reasonably expected to have been known at the time of submittal.

D. In each section of the deliverable, include only information relevant to that section of the deliverable.

E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality.

F. Meets the acceptance criteria applicable to that deliverable, including any

State policies, functional or non-functional requirements, or industry standards.

G. Contains no structural errors such as poor grammar, misspellings or incorrect punctuation.

H. Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included.

I. A draft written deliverable may contain limited structural errors such as incorrect punctuation and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above.

2.5 Service Level Agreement (SLA)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the

Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to Contract end date, or the termination thereof.

Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide updated System Documentation (see Appendix 1), as appropriate;

and

D. Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

A. The Contractor shall provide a draft Transition-Out Plan 120 Business

Days in advance of Contract end date.

B. The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the

Department and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department or a designee;

5) Any final training/orientation of Department staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments as well as the general business practices of the Department;

b) Review with the Department the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

e) A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

C. The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

D. The Contractor shall provide copies of any current daily and weekly back-ups to the Department or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the

Contract.

E. Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in

Section 3.2.4.

3.2.5 Return and Maintenance of State Data

Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the

Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

A. During any period of service suspension, the Contractor shall maintain all

State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

B. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Gail Miller at gail.miller@maryland.gov.

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

mailto:tawanda.gambrill@maryland.gov

2) Remittance address;

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate;

4) Invoice period (i.e. time period during which services covered by invoice were performed);

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

D. Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

E. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

F. Any action on the part of the Department, or dispute of action by the

Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with

COMAR 21.10.04.

G. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes.

The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

H. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –

Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the Department.

B. For items of work for which there is annual pricing, see Attachment B–

Financial Proposal Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 Time and Materials Invoicing

A. All time and material invoices shall be accompanied by a signed timesheet.

Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the

Contract Monitor.

B. Time Sheet Reporting

Within three (10) Business Days after the last day of the month, the Contractor shall submit a monthly timesheet for the preceding month providing data for all resources provided under the Contract.

At a minimum, each monthly timesheet shall show:

1) Title: “Time Sheet for Functional Area X”;

2) Issuing company name, address, and telephone number;

3) For each employee /resource:

a) Employee / resource name, and

b) For each Period ending date, e.g., “Period Ending: mm/dd/yyyy”

(Periods run 1st through 15th, and 16th through last day of the month.):

(i) Tasks completed that week and the associated deliverable names and ID#s;

(ii) Number of hours worked each day;

(iii) Total number of hours worked that Period;

(iv) Period variance above or below 40 hours;

(v) Annual number of hours planned under the Task Order;

(vi) Annual number of hours worked to date; and

(vii) Balance of hours remaining;

c) Annual variance to date (Sum of periodic variances); and

d) Signature and date lines for the Contract Monitor.

C. Time sheets shall be submitted to the Contract Monitor prior to invoicing.

The Contract Monitor shall sign the timesheet to indicate authorization to invoice.

3.3.4 For the purposes of the Contract an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract;

B. The proper invoice has not been received by the party or office specified in the Contract;

C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

D. The item or services have not been accepted;

E. The quantity of items delivered is less than the quantity ordered;

F. The items or services do not meet the quality requirements of the Contract;

G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the

Contract concerning performance under the Contract and compliance with its provisions.

3.3.5 Travel Reimbursement

A. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

B. Routine Travel is defined as travel within a 50-mile radius of the

Department’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to the consulting site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

C. Non-routine Travel is defined as travel beyond the 50-mile radius of the

Department’s base location, as identified in the RFP, or the Contractor’s facility, whichever is closer to the consulting site. Non-routine must be pre-approved by the Contract Monitor and if approved, travel will be reimbursed according to the State’s travel regulations and reimbursement rates, which can be found at: www.DBM.maryland.gov - search: Fleet

Management. If non-routine travel is conducted by automobile, the first 50 miles of such travel will be treated as routine travel and as described in

Section 3.3.5.A and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the RFP or Work Order.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

3.5 Data Ownership and Access

A. Data, databases and derived data products created, collected, manipulated, or directly purchased as part of an RFP are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

B. Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the

Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

C. The Contractor shall limit access to and possession of State data to only

Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

D. At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the

Contractor for subsequent use in any transaction that does not include the

State.

E. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

3.6 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.6.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $2,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $2,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the

Department of Natural Resources should be added as a “loss payee.”

D. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the

Longshore and Harbor Workers’ Compensation Act, and the Federal

Employers’ Liability Act, to not be less than one million dollars

($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

E. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration.

The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.6.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract

Monitor.

3.6.6 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the

Contract where the State determines, in its sole discretion, that Contractor

Personnel has not adhered to the security requirements specified herein.

D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.7.2 Security Clearance / Criminal Background Check

A. A criminal background check for the following Functional Area(s):

Functional Area D (Radiological Laboratory Services).

B. The Contractor shall obtain at its own expense a Criminal Justice

Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

3.7.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.7.4 Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and Standards. These policies may be revised from time to time and the

Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword: Security Policy.

B. The Contractor shall not connect any of its own equipment to a State

LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect

Contractor-owned equipment to a State LAN/WAN.

The Contractor shall:

1) Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see

Section 3.7.5);

2) Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and

3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information

Technology and (ii) comply with and adhere to the State IT Security http://www.doit.maryland.gov/

Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and

Standards are available online at: www.doit.maryland.gov – keyword:

Security Policy.

3.8 Problem Escalation Procedure

3.8.1 The Contractor must provide and maintain a Problem Escalation Procedure

(PEP) for both routine and emergency situations. The PEP must state how the

Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the

Contract will be escalated in order to resolve any issues in a timely manner.

The PEP shall include:

A. The process for establishing the existence of a problem;

B. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

C. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

D. Expedited escalation procedures and any circumstances that would trigger expediting them;

E. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

F. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

G. A process for updating and notifying the Contract Monitor of any changes to the PEP.

3.8.4 Nothing in this section shall be construed to limit any rights of the Contract

Monitor or the State which may be allowed by the Contract or applicable law.

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.10 Experience and Personnel

3.10.1 Preferred Offeror Experience

Preferred offeror experience for each Functional Area is provided in

Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring &

Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts

Evaluation, Monitoring & Compliance)

3.10.2 Personnel Experience

Personnel experience for each Functional Area is provided in Attachments P1-

P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring &

Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts

Evaluation, Monitoring & Compliance)

3.10.3 Key Personnel Identified

Key Personnel requirements are identified and described for each Functional

Area are provided in Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring &

Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts

Evaluation, Monitoring & Compliance)

3.10.4 Labor Categories

The Labor Categories are identified and described for each Functional Area are provided in Attachments P1-P6.

Attachment P-1: Functional Area A (Environmental Engineering Services)

Attachment P-2: Functional Area B (Biological Sciences Services)

Attachment P-3: Functional Area C (Maryland Biological Stream Survey)

Attachment P-4: Functional Area D (PPRP Radiological Monitoring &

Analysis Services)

Attachment P-5: Functional Area E (Coal Combustion Byproducts)

Attachment P-6: Functional Area F (Long-term Cumulative Impacts

Evaluation, Monitoring & Compliance)

A. To be responsive to this RFP, Offerors must be capable of providing personnel meeting the minimum requirements for all the labor categories listed. Offerors shall submit a Financial Proposal Form (Attachment B) that provides labor rates for all labor categories for all Contract years

(initial term and any option periods). Actual resumes shall be provided only for Key Personnel as described in Section 3.10.3. Resumes for resources provided later shall be coordinated by the Contract Monitor per the Technical Proposal and, if requested in a Work Order, shall be governed by the Work Order process.

B. Each Labor Category includes Titles, Position Description, Education and

Experience (General and Specialized).

C. Education and experience described below in the Labor Category constitute the minimum requirements for candidates performing work under this RFP. All experience required must have occurred within the most recent ten (10) years.

3.10.5 Contractor Personnel Experience Equivalency (including Key Personnel submitted in response to this Contractor Personnel Experience

Equivalency (including Key Personnel submitted in response to this RFP)

A. Substitution of Education for Experience: Bachelor’s Degree or higher may be substituted for the general and specialized experience for those labor categories requiring a High School Diploma. A Master’s Degree may be substituted for two years of the general and specialized experience for those labor categories requiring a Bachelor’s Degree. Substitution shall be reviewed and approved by the State at its discretion.

B. Substitution of Experience for Education: Substitution of experience for education may be permitted at the discretion of the State.

C. Substitution of Professional Certificates for Experience: Professional certification (e.g., Microsoft Certified Solutions Expert, SQL Certified

Database Administrator) may be substituted for up to two (2) years for general and specialized experience at the discretion of the State.

3.10.6 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required professional certifications for the duration of the Contract.

3.10.7 Work Hours

Unless otherwise specified, the following work hours requirements are applicable:

A. Business Hours Support: Contractor shall assign Contractor Personnel to support Normal State Business Hours (see definition in Appendix 1), Monday through Friday except for State holidays.

B. Needs beyond the hours described in paragraph A may be defined in a

Task Order.

C. Contractor Personnel may also be required to provide occasional support outside of normal State Business Hours, including evenings, overnight, and weekends, to support specific efforts and emergencies, such as to resolve system repair or restoration. Hours performing activities must be billed on an actual time worked basis at the rates proposed.

3.11 Substitution of Personnel

3.11.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date. Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key Personnel shall be assigned to the State of

Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key

Personnel may not be removed by the Contractor from working under the

Contract without the prior written approval of the Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any

Task Order proposal and agreement, if issued, and any Work Order

Request and Work Order, if issued.

3.11.2 Definitions

A. Extraordinary Personal Event – means any of leave under the Family

Medical Leave Act; an incapacitating injury or incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the Contractor’s Technical Proposal.

3.11.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 3.11.4.

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the

Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1) A detailed explanation of the reason(s) for the substitution request;

2) The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3) The official resume of the current personnel for comparison purposes;

and,

4) Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Contract Monitor will notify the contractor in writing of: (i) the acceptance or…