Video Production RFP - T00R4601152.pdf

STATE OF MARYLAND

DEPARTMENT OF COMMERCE (COMMERCE)

REQUEST FOR PROPOSALS (RFP)

VIDEO PRODUCTION

RFP NUMBER T00R4601152

ISSUE DATE: MAY 31, 2024

NOTICE

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

Advantage (eMMA) should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Video Production RFP

Solicitation #: T00R4601152 RFP Document

RFP for Maryland Department of Commerce Page ii of 96

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: Video Production RFP

Solicitation No: T00R4601152

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: ________________________________________________________________

RFP for Maryland Department of Commerce Page iii of 96

STATE OF MARYLAND

DEPARTMENT OF COMMERCE (COMMERCE)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Services - Video Production

Solicitation Number: T00R4601152

RFP Issue Date: May 31, 2024

RFP Issuing Office: Maryland Department of Commerce (Commerce or the Department)

Procurement Officer: Rachel Cruse

World Trade Center, 401 E. Pratt Street, 10th Flr

Baltimore, MD 21202 e-mail:

Office Phone:

Rachel.Cruse1@maryland.gov

443-467-8549

Proposals are to be sent to: World Trade Center

401 E. Pratt Street, 10th Floor

Baltimore, MD 21202

Attention: Rachel Cruse, Procurement Officer

Pre-Proposal Conference: June 20, 2024 at 2:00 PM Local Time

Virtual

See Attachment A for directions and instructions.

Questions Due Date and Time June 27, 2024 at 2:00 PM Local Time

Proposal Due (Closing) Date and Time:

July 9, 2024 at 2:00 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: 18%, with no subgoals

VSBE Subcontracting Goal: 1%

Contract Type: Firm Fixed Price

Contract Duration: Five (5) year base period with no renewal options

Primary Place of

Performance:

As proposed by Offeror

SBR Designation: No

Federal Funding: No mailto:Rachel.Cruse1@maryland.gov

RFP for Maryland Department of Commerce Page iv of 96

TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background, Purpose and Goals

2.3 Responsibilities and Tasks

2.4 Deliverables

2.5 Service Level Agreement (SLA)

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Experience and Personnel

3.11 Substitution of Personnel

3.12 Minority Business Enterprise (MBE) Reports

3.13 Veteran Small Business Enterprise (VSBE) Reports

3.14 Work Orders

3.15 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

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4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

5 Proposal Format

5.1 Two Part Submission

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5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

RFP for Maryland Department of Commerce Page vii of 96

Appendix 3. – Corporate Diversity Addendum

Appendix 4. – List of ALL Subcontractors

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

RFP for Maryland Department of Commerce Page 2 of 96

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Commerce/Office of Tourism (OTD) is issuing this Request for

Proposals (RFP) seeking video production for travel information content about the state.

Commerce has the responsibility of attracting and retaining businesses and increasing the workforce in the State of Maryland. To accomplish these objectives, Commerce strives to present the State as a place to work and as a place to enjoy a high quality of life. The State is marketed both domestically and internationally.

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 and the State.

2.1.3 Commerce intends to make a single award 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 of 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 any or all State business under the

Contract.

2.2 Background, Purpose and Goals

The Maryland Office of Tourism serves as the State’s official travel marketing agency. The office promotes Maryland’s attractions, accommodations and services to increase visitor spending in the State.

This is done through providing residents and out-of-state visitors with information and services to ensure a positive trip experience and positioning Maryland as a competitive destination.

Maryland’s tourism industry is a powerful economic engine and job creator. Tourism is a major generator of jobs, directly employing some 115,000 Marylanders. It is the purpose of this RFP to determine the best firm(s) for the production of travel information content, through digital media and website development and maintenance, as to derive revenue benefits for the State of Maryland through visitor spending.

The video production will inspire customers considering Maryland as a destination as well as those in the state who are seeking ideas and information about where to stay, eat, play, etc.

Tourism generates and continues to grow significant revenue that is integral to Maryland's economic vitality. In 2022, 43.5 million individuals visited the State of Maryland and spent more than $19.4 billion on travel. Visitor spending is also an important revenue generator for both State and local governments, generating $2.3 billion in taxes last year.

Tourism delivers opportunity and quality of life for Marylanders, which is derived from visitor spending.

To that end, OTD’s marketing mission is to increase visitor spending to Maryland. To accomplish its missions, the Maryland Office of Tourism uses an integrated marketing approach to generate awareness and to inspire consumers to select Maryland as a travel destination of choice. Appealing, informative, and inspirational travel information is essential to a consumer’s trip-planning process and that information is now expected to be delivered through a variety of formats including video.

Commerce reserves the right to secure directly from third parties any services provided under this contract. The Contractor will not be entitled to any payment for services secured directly by Commerce.

RFP for Maryland Department of Commerce Page 3 of 96

All work performed by the Contractor under this contract shall become the exclusive property of the

Maryland Department of Commerce.

2.3 Responsibilities and Tasks

2.3.1 Role and Function of the Contractor for Project Requests

2.3.1.1 The Maryland Office of Tourism Contract Manager will issue a Project Request for each project. All Project Requests will be issued in writing.

2.3.1.2 Next, the Contractor shall respond to the Project Request from the Maryland Office of Tourism which will include a timeframe to complete the work and due date to Commerce. The

Contractor must be able to provide short notice service and rapid response to requests for the initiation of modification of content projects.

2.3.1.3 The Contractor shall also include a written scope of work in response to the project request, including details on the project’s content and design, and an itemized project estimate, based on the fees as detailed on Attachment B and subcontractor costs as requested by the Contract

Monitor within the schedule designated by the project request. The Contractor must receive the

Contract Monitor’s or designee’s written notice to proceed before commencing work.

2.3.1.4 The Contractor shall perform tasks according to the approved written content and design specifications along with quality and quantity guidelines. Any work performed by the

Contractor under this contract shall be subject to the approval of the Contract Monitor or other designee and may be rejected. If any work is disapproved, the Contractor shall promptly make appropriate revisions until work meets the approval of the Contract Monitor. The original estimate will remain in effect without additional cost to Commerce.

2.3.1.5 The Contractor shall provide appropriate storage of all documents and materials, both digital and physical, produced for Commerce. Commerce’s property shall, unless otherwise provided herein, or approved in writing by Commerce, be used only for the performance of this Contract.

The Contractor shall maintain and administer, in accordance with sound business practice a program for the maintenance, repair, protection, and preservation of Commerce’s property, to assure its full availability and usefulness for the performance of this Contract.

2.3.1.6 The Contractor must ensure that Commerce’s property is maintained in good condition at the proper temperature and humidity to prevent any physical damage or digital file deterioration.

The Contractor shall maintain a current inventory listing categorized by description, quantity, storage date and location of all documents and materials.

2.3.1.7 The risk of loss for Commerce’s property remains with the Contractor while Commerce’s property is in the care, custody, and control of the Contractor. In the event that the Contractor is indemnified, reimbursed, or otherwise compensated for any loss or destruction of or damage to

Commerce’s property, it shall use the proceeds to repair, renovate, or replace Commerce’s property involved, or shall credit such proceeds against the cost of the work covered by the

Contract, or shall otherwise reimburse Commerce.

2.3.1.8 The Contractor must work with Commerce’s in-house staff to complete projects as required.

2.3.2 Video Production

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The successful Contractor shall play an integral role in producing an integrated selection of products, content and content delivery that is usable and applicable across a variety of platforms and media that will promote travel to and within Maryland, most specifically video content development and production. The Contractor shall have capabilities in video production, including script development, pre-production services, video production, and editing. These services for Video Content Development and Delivery include, but are not limited to:

2.3.2.1 Editorial and video production services, including content development and design for video-based applications;

2.3.2.2 Visual asset database management (such as WebDAM and video storage services);

2.3.2.3 Video design and content creation; and

2.3.2.4 Services that support video production, development and support.

2.3.3 The selected Contractor shall:

2.3.3.1 Work in conjunction with the Maryland Office of Tourism marketing & communications team and partners to develop, design and produce video and digital content to promote travel in

Maryland, and reinforce the brand image of the state;

2.3.3.2 Produce companion material which may or may not be excerpted from the initial content structure for uses such as (but not limited to) short video cutdowns and sizzle reels; and

2.3.3.3 Work with the Maryland Office of Tourism to identify and develop public/private partnerships to aid in the production of said materials;

2.3.4 Role, Function, & Responsibilities of the Department

2.3.4.1 Marketing and Communications Assistant Director

The Marketing and Communications Assistant Director of the Office of Tourism, or his/her designee, will act as the Contract Monitor and will be responsible for coordinating the services provided under this contract, and will represent Commerce in all matters relating to the provided services. Recommendations made by the Contract Monitor to the Contractor for fulfilling provisions of this Contract shall be carried out in a timely manner as agreed to by the parties. The Contract Monitor will perform ongoing monitoring and assessment of the

Contractor’s performance, and review the Contractor’s monthly status reports to the

Department.

2.3.5 Oversight Responsibilities

2.3.5.1 OTD shall have complete control and approval during the entire content development and delivery process, which includes writing and editing, production, selling of advertisements, design, layout and production. Contractor shall ensure that OTD has sufficient opportunity for pre-publication and/or deployment review and shall obtain OTD’s approval of the entire content;

RFP for Maryland Department of Commerce Page 5 of 96

2.3.5.2 OTD shall approve all photos/videos selected to illustrate OTD content. OTD has a photo library that should be considered for use in all the publications before the Contractor decides or wants to purchase any other photography. OTD has publication rights usage to the photos in its library; and

2.3.5.3 OTD shall review and approve content prior to distribution, broadcast, printing, or electronic conveyance.

2.3.6 Reporting Requirements

All report formats must be designed by Commerce and the Contractor within thirty (30) days after execution of the contract.

2.3.6.1 Monthly Financial Reports

A. All reports shall identify all projects by Commerce’s purchase order number and shall be based on the State’s fiscal year (July 1 – June 30). Reports to be provided shall include:

purchase order reconciliation that will include the amount committed, amount spent, and remaining balance; plus minority utilization, current Minority Business Enterprise (MBE) spending to date and summaries of uncommitted balances under the contract.

B. The Contractor shall also provide monthly financial reports specifically related to advertising sales. Problems, irregularities, and late payments by either contractors or subcontractors for media shall be noted.

C. The Contractor shall submit copies of all financial reports for the previous month to

Commerce’s Office of Finance by the 15th of the following month. The Contractor shall submit copies of MBE Subcontractor Participation Reports and appropriate invoices to the

MBE Liaison by the 15th day of the following month.

2.3.7 Account Management

2.3.7.1 The Contractor shall provide an account management team with in-depth attention to organizing, planning, supervising and reviewing all Commerce projects and budgets in progress.

2.3.7.2 The Contractor shall provide the level of service (number and experience of employees and corresponding number of full-time equivalents) as specified in its proposal and approved by

Commerce and shall maintain at least that level of service throughout the term of the Contract.

2.3.7.3 All management representatives assigned to Commerce’s account management team shall be approved by Commerce.

2.3.7.4 The Contractor shall notify the Contract Monitor of all proposed changes in the Account

Management Team. Commerce reserves the right to approve or reject proposed personnel changes.

2.3.7.5 The Contractor shall assign an account team with at least one (1) primary contact. The

Contractor shall assign an account service leader experienced in content development and delivery strategies, and revenue enhancement. The account service leader must have excellent

RFP for Maryland Department of Commerce Page 6 of 96 communications skills to respond to the Maryland Office of Tourism requests and be able to manage a project from beginning to completion.

2.3.7.6 Throughout the life of the contract the Contractor must have necessary staff capable to fulfill the necessary labor functions (relevant to the project) to ensure an efficient and effective work flow:

A. Account Manager: This person is responsible for the daily administration of

Commerce’s scope of work under this contract including all operational aspects of the contract including strategy, planning, performance, troubleshooting, optimization, and reporting.

B. Account Coordinator: This person will coordinate the day-to-day operation of the Commerce contract and will be responsible for but not limited to: regular contact with OTD in all matters related to editorial integrity and delivery;

coordination and dissemination of all materials for Commerce approval;

coordination with production – including digital, video, and print.

C. Fiscal Manager: This person will be responsible for handling all billings that are generated by sale of advertising in Commerce digital and print publications. This person will also be responsible for reporting on advertising sales, produce aging reports; handle all collections on behalf of Commerce and pay Commerce.

D. Creative Director: This person will be responsible for the overall creative direction of all content delivery, whether electronic, video, or print.

E. Art Director: This person will be responsible for the actual creation of all elements required to produce quality content.

F. Graphic Designer/Videographer: This person will be responsible for using computer software, cameras, etc. to format and combine imagery, text, numerical data, photographs, charts, and other visual graphic elements where applicable to produce publication-ready material.

G. Copywriter: This person will handle all the editorial development including copy outline; and verifying its integrity; writing the editorial and revising it based on

OTD direction.

H. Copy Editor: This person will serve as the editor for all materials produced by the Contractor.

I. Foreign Language Content Developer: This person will be responsible for the development of materials for foreign language markets, such as Spanish, French, and German, as needed.

J. Website Developer/Manager: This person will be responsible for the development and management of content where applicable.

K. Electronic Content Developer: This person will be responsible for researching, writing, gathering, organizing, and editing information for distribution through video, web-based, and digital channels.

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L. Production Supervisor: This person will oversee and coordinate all management from pre-press to production to deployment of all collateral, whether print, electronic, or video.

2.3.8 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.

2.3.9 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.

C. No international processing for State Data: As described in Section 3.7 Security

Requirements, Offerors are advised that any processing or storage of data outside of the continental U.S. is prohibited.

D. 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. Such agreed upon terms of use shall apply consistently across services ordered under the Contract.

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

F. In addition to any notices of renewal sent to Commerce, Contractors shall email notices of renewal to the e-mail address designated by the Contract Monitor.

2.4 Deliverables

2.4.1 Deliverable Submission

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

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A. 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.

B. 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.

C. 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 Error! Reference source not found. 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. 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.

RFP for Maryland Department of Commerce Page 9 of 96

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.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. 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, Commerce 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 Commerce or a designee;

5) Any final training/orientation of Commerce staff;

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

7) Knowledge transfer, to include:

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

b) Review with Commerce 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

Commerce 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 3.2.5.

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 Kat Evans at e-mail address:

kat.evans@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;

2) Remittance address;

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

mailto:kat.evans@maryland.gov

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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. Commerce reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide Commerce 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 Commerce, 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 Commerce.

3.3.3 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;

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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.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

3.4.2 Liquidated Damages other than MBE

Liquidated damages in the amount of $10 per week for each week past the deliverable due date will be due from the Contractor for each late deliverable. Any change to this schedule must be agreed to in writing by the Contract Monitor.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

A. Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

B. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

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2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

C. The contingency and DR plans must be designed to ensure that services under the

Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

D. The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service. Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

E. Such contingency and DR plans shall be available for Commerce to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.5.2 Data Export/Import

A. The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

B. Any import or export shall be in a secure format per the Security Requirements.

3.5.3 Data Ownership and Access

A. Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a 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

RFP for Maryland Department of Commerce Page 15 of 96 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.

3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract. Additionally, the Contractor shall flow down the provisions of

Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

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 $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Cyber Security / Data Breach Insurance – The Contractor shall possess and maintain throughout the term of the Contractor and for three (3) years thereafter, cyber risk/ data breach insurance (either separately or as part of a broad

Professional Liability or Errors and Omissions Insurance) with limits of at least five million dollars ($5,000,000) per claim. Any "insured vs. insured" exclusions will be modified accordingly to allow the State additional insured status without prejudicing the State’s rights under the policy(ies). Coverage shall be sufficiently broad to respond to the Contractor's duties and obligations under the Contract and shall include, but not be limited to, claims involving privacy violations, information theft, damage to or destruction of electronic information, the release of Sensitive Data, and alteration of electronic information, extortion, and network security. The policy shall provide coverage for, not by way of limitation, breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

C. 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.

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

RFP for Maryland Department of Commerce Page 16 of 96 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.

3.7.2 Criminal Background Check

3.7.3 On-Site Security Requirement(s)

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

RFP for Maryland Department of Commerce Page 17 of 96 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

3.10.2 Personnel Experience

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

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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

For the purposes of this section, the following definitions apply:

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…