WARRIOR_MOUNTAIN_OLD_SITE_DEMOLITION_TORFP.pdf

CONSULTING AND TECHNICAL SERVICES+ (CATS+)

TASK ORDER REQUEST FOR PROPOSALS (TORFP)

DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT)

SOLICITATION NUMBER F50P5600086

WARRIOR MOUNTAIN OLD SITE DEMOLITION

ISSUE DATE: AUGUST 5, 2024

NOTICE TO OFFERORS

Warrior Mountain Old Site Demolition Solicitation #: F50P5600086 CATS+ TORFP

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DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT)

DOIT

KEY INFORMATION SUMMARY SHEET

Solicitation Title: Warrior Mountain Old Site Demolition

Solicitation Number/ TORFP#: F50P5600086

Functional Area: Functional Area 14

TORFP Issue Date: August 5, 2024

TORFP Issuing Office: Department of Information Technology (DoIT)

DoIT Location: 100 Community Pl, Crownsville, MD 21032

TO Procurement Officer: Carla Thompson e-mail:

Office Phone:

Carla.thompson2@maryland.gov

(O) 410-697-9667

TO Manager: Jennifer Zambito e-mail:

Office Phone:

jennifer.zambito@maryland.gov

(410) 274-7725

TO Proposals are to be sent to:

eMarylandMarketplace (eMMA)

TO Pre-proposal Conference and Site Visit:

August 15, 2024, at 11 AM On-Site (Flintstone Volunteer Fire Department 21701 Flintstone Drive, NE, Flintstone, MD 21530)

TO Proposals Due (Closing) Date and Time:

September 11, 2024, at 2 PM local time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Section 5).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Task Order Type: Firm Fixed Price

Task Order Duration: Work should be completed within ninety (90) days from Notice to Proceed. The Contract shall expire upon the State's acceptance of the Contractor's performance completion.

Primary Place of Performance:

Warrior Mountain Wildlife Management Area is in Allegany County.

The site's entrance is at the intersection of Oliver Beltz RD SE and Spanish Leather Rd.

SBR Designation: No

Federal Funding: No

Questions Due Date and Time August 22, 2024, at 2 PM local time

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TABLE OF CONTENTS – TORFP

1 Minimum Qualifications

2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Deliverables

2.5 Optional Features, Future Work

2.6 Service Level Agreement (SLA)

3 TO Contractor Requirements: General

3.1 Task Order Initiation Requirements

3.2 End of Task Order Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 RESERVED

3.9 SOC 2 Type 2 Audit Report

3.10 Performance 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 TORFP Instructions

4.1 TO Pre-Proposal Conference

4.2 Questions

4.3 TO Proposal Due (Closing) Date and Time

4.4 Award Basis

4.5 Oral Presentation

4.6 Limitation of Liability

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4.7 MBE Participation Goal

4.8 VSBE Goal

4.9 Living Wage Requirements

4.10 Federal Funding Acknowledgement

4.11 Conflict of Interest Affidavit and Disclosure

4.12 Non-Disclosure Agreement

4.13 HIPAA - Business Associate Agreement

4.14 Iranian Non-Investment

4.15 Mercury and Products That Contain Mercury

4.16 Location of the Performance of Services Disclosure

4.17 Department of Human Services (DHS) Hiring Agreement

4.18 Small Business Reserve (SBR) Set-Aside

4.19 Bonds

5 TO Proposal Format

5.1 Required Response

5.2 Two Part Submission

5.3 TO Proposal Packaging and Delivery

5.4 Volume I - TO Technical Proposal

5.5 Volume II – TO Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 TO Technical Proposal Evaluation Criteria

6.3 TO Financial Proposal Evaluation Criteria

6.4 Selection Procedures

6.5 Documents Required upon Notice of Recommendation for Task Order Award

7 TORFP ATTACHMENTS AND APPENDICES

Attachment A. TO Pre-Proposal Conference Response Form

Attachment B. TO Financial Proposal Instructions & Form

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1 Minimum Qualifications

No minimum qualifications for this TORFP

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Information Technology (DoIT) is issuing this CATS+ TORFP to dismantle an old radio monopole and concrete block shelter building and restore the site to a natural look.

2.1.2 DoIT intends to award this Task Order to one (1) Master Contractor that proposes a team of resources and a Work Plan that can best satisfy the Task Order requirements.

2.1.3 Master Contractors are advised that, should a solicitation or other competitive award be initiated as a result of activity or recommendations arising from this Task Order, the Offeror awarded this Task Order may not be eligible to compete if such activity constitutes assisting in the drafting of specifications, requirement, or design thereof.

2.1.4 A Task Order award does not assure a TO Contractor that it will receive all State business under the Task Order.

2.2 Background and Purpose

The Department of Information Technology (DoIT) is responsible for deconstructing and disposing of the old communications facility at Warrior Mountain (Allegany County), ensuring that dated equipment that was previously in use is properly disposed of in a way that complies with any applicable local, state, or federal regulations, and returning the grounds to their natural look.

2.2.1 Project Goals

2.2.2 The goals of this project are as follows:

2.2.2.1 Fulfill the requirements of the Memorandum of Understanding between the Department of Natural Resources (DNR) and the Department of Information Technology (DoIT).

2.2.2.2 Remove the abandoned communications facility in an environmentally responsible manner.

2.2.3 Current Environment

A. The abandoned monopole, building, and foundation structures are in the Warrior Mountain Wildlife Management Area.

B. Utmost care must be taken to avoid damaging existing trees or vegetation at the site.

C. Electrical power has been disconnected from the site

D. An existing diesel generator and fuel tank have been removed from the site

E. No known hazardous materials are at the site

2.2.4 State Staff and Roles

In addition to the TO Procurement Officer and TO Manager, the State shall provide a Project Manager who will interact with the TO Contractor daily.

A. State Project Manager

1) The State will provide a State Project Manager who will be responsible for:

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a) Coordinating activities with other State agencies

b) Overseeing project scope and schedule

c) Oversee any potential change orders

2.2.5 Other State Responsibilities

A. The State is responsible for providing required information, data, documentation, and test data to facilitate the TO Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

2.3 Responsibilities and Tasks

The Scope of Work of this TORFP is as follows:

1) Develop a site demolition and restoration plan for approval

2) Install appropriate soil erosion control on the work site per the approved plan.

3) Under the current environment, have the site checked for underground utilities and marked if applicable. This site was fed by an aerial electric service, which has been removed.

4) Remove and dispose of chain link fence surrounding the site. The disposal of any materials must comply with any applicable local, state, or federal regulations.

5) Remove and dispose of the cinderblock building at the site. The disposal of any materials must comply with any applicable local, state, or federal regulations.

6) Remove and dispose of slab foundation of building. The disposal of any materials must comply with any applicable local, state, or federal regulations.

7) Dismantle and dispose of the 100’ tall monopole on site. The disposal of any materials must comply with any applicable local, state, or federal regulations.

a) This includes all antennas and feed lines.

b) All feed lines are disconnected from the source. Stub cable is still present on the outside of shelter but no known connections.

8) Remove and dispose of concrete slab foundation of the monopole, as follows:

a) Remove slab completely or to a minimum depth of 18 inches below the existing grade.

b) Backfill the slab area with clean fill dirt.

c) The disposal of any materials must comply with any applicable local, state, or federal regulations.

9) Remove and dispose of the four (4) concrete piling foundations for the old fire tower on the site, as follows:

a) Remove pilings either completely or to a minimum depth of 18 inches below the existing grade.

b) Backfill the piling areas with clean fill dirt.

c) The disposal of any materials must comply with any applicable local, state, or federal regulations.

10) Grade the entire site to match how it now appears.

11) Seed and straw entire disturbed area with perennial rye grass.

12) Remove soil erosion controls.

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13) Provide gravel as required to reinforce the road between the new site and the old site to support heavy truck traffic.

14) Repair any damage to the road from the old site down to the Oliver Beltz Rd SE from heavy equipment.

15) Remove all debris from the site and ensure the disposal of materials must comply with applicable local, state, or federal regulations.

2.3.1 TO Contractor-Supplied Hardware, Software, and Materials

This section is not applicable.

2.3.2 Required Project Policies, Guidelines and Methodologies

This section is not applicable.

2.3.3 Product Requirements

This section is not applicable.

2.3.4 Maintenance and Support

This section is not applicable.

2.4 Deliverables

2.4.1 Deliverable Submission

A. For every deliverable, the TO Contractor shall request the TO Manager confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt.

B. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office, Microsoft Project and/or Microsoft Visio within two (2) versions of the current version. At the TO Manager’s discretion, the TO Manager may request one hard copy of a written deliverable.

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

D. For any written deliverable, the TO Manager 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 TORFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.4 Deliverable Descriptions/Acceptance Criteria.

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B. The TO Manager shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The TO Manager is responsible for coordinating comments and input from various team members and stakeholders. The TO Manager is responsible for providing clear guidance and direction to the TO Contractor in the event of divergent feedback from various team members.

C. The TO Manager will issue to the TO Contractor a notice of acceptance or rejection of the deliverable in the DPAF (see online sample). Following the return of the DPAF indicating “Accepted” and signed by the TO Manager, the TO Contractor shall submit a proper invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied by a copy of the executed DPAF, or payment may be withheld.

D. In the event of rejection, the TO Manager will formally communicate in writing any deliverable deficiencies or non-conformities to the TO Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the TO Contractor to address the deficiencies. The TO Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction.

E. At the TO Manager’s discretion, subsequent project tasks may not continue until deliverable deficiencies are rectified and accepted by the TO Manager or the TO Manager has specifically issued, in writing, a waiver for conditional continuance of project tasks.

2.4.3 Minimum Deliverable Quality

The TO 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.

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2.4.4 Deliverable Descriptions/Acceptance Criteria

In addition to the items identified in the table below, the TO Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

ID # Deliverable Description

Acceptance Criteria Due Date / Frequency

1 Integrated Project Schedule

Microsoft Project schedule or equivalent, demonstrating tasks, task duration estimates, completion date

Initial Delivery: NTP+ 10 Business Days Updates: Weekly

2 Work plan Breaks down all planned activities, included must be site sketches showing how area will be restored, including but not limited to a soil erosion control plan for the site.

This will be reviewed by the Department of Natural Resources for concurrence.

Approval of Integrated Project Schedule +5 Business Days

3 Site Inspections At least two progress site inspections will be made. The first will be to ensure all soil erosion control efforts are in place before actual demolition begins. The second will be after restoration has been completed.

DNR will participate in these inspections. This inspection will include the access road from Oliver Beltz Rd to the site.

As required

4 Final Inspection Final acceptance by DNR for all site restoration. This may be included in the second site inspection if DNR approves all restoration work.

NTP +90 working days

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2.5 Optional Features, Future Work

2.5.1 Change Orders

A. If the TO Contractor is required to perform work beyond the scope of this TORFP, or there is a work reduction due to unforeseen scope changes, a TO Change Order is required. The TO Contractor and TO Manager shall negotiate a mutually acceptable price modification based on the TO Contractor’s proposed rates in the Master Contract and the scope of the work change.

B. No scope of work changes shall be performed until a change order is approved by DoIT and executed by the TO Procurement Officer.

2.6 Service Level Agreement (SLA)

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

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3 TO Contractor Requirements: General

3.1 Task Order Initiation Requirements

On-site kickoff meeting within 15 business days of Notice to Proceed (NTP) to address all questions and concerns.

3.2 End of Task Order Transition

This section is not applicable.

3.3 Invoicing

3.3.1 Definitions

A. “Proper Invoice” means a bill, written document, or electronic transmission, readable by the agency, provided by a vendor requesting an amount that is due and payable by law under a written procurement contract for property received or services rendered that meets the requirements of COMAR 21.06.09.02.

B. “Late Payment” means any amount that is due and payable by law under a written procurement contract, without deferral, delay, or set-off under COMAR 21.02.07.03, and remains unpaid more than 45 days after an agency receives a Proper Invoice.

C. “Payment” includes all required processing and authorization by the Comptroller of the Treasury, as provided under COMAR 21.02.07, and may be deferred, delayed, or set-off as applicable under COMAR 21.02.07.03.

3.3.2 General

A. Invoice payments to the TO Contractor shall be governed by the terms and conditions established in the CATS+ Master Contract.

B. The TO Contractor shall email the original of each invoice and signed authorization to invoice to the TO Manager and DoIT Fiscal Services at e-mail address:

doitfiscal.invoiceservice@maryland.gov, C. All invoices for services shall be verified by the TO Contractor as accurate at the time of submission.

D. Invoices submitted without the required information cannot be processed for payment. A Proper Invoice, required as Payment documentation, must include the following information, without error:

1) TO Contractor name and address;

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 TO Agreement number;

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

mailto:doitfiscal.invoiceservice@maryland.gov

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9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Task Order.

E. Invoices that contain both fixed price and time and material items shall clearly identify the items as either fixed price or time and material billing.

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

G. Any action on the part of the DoIT, or dispute of action by the TO 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.

H. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The TO Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

I. 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 TO Agreement. In no event shall any invoice be submitted later than 60 calendar days from the TO Agreement termination date.

3.3.3 Invoice Submission Schedule

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

Initial invoice for 25%within thirty days of State approval of a work plan and schedule and a final invoice for 75% within thirty days of the final acceptance of work.

3.3.4 Deliverable Invoicing

This section is not applicable.

3.3.5 Time and Materials Invoicing

This section is not applicable.

3.3.6 For this Task Order, an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Task Order.

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

C. The invoice or performance is in dispute or the TO Contractor has failed to otherwise comply with the provisions of the Task Order.

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 Task Order

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

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

I. The TO Contractor has not submitted satisfactory documentation or other evidence reasonably required by the TO Procurement Officer or by the contract concerning performance under the contract and compliance with its provisions.

3.3.7 Travel Reimbursement

Travel will not be reimbursed under this TORFP.

3.3.8 Retainage

This solicitation does not require retainage.

3.4 Liquidated Damages

This solicitation does not require additional liquidated damages.

3.5 Disaster Recovery and Data

This section is not applicable.

3.6 Insurance Requirements

3.6.1 Offeror shall confirm that, as of the date of its proposal, the insurance policies incorporated into its Master Contract are still current and effective at the required levels (See Master Contract Section 2.7).

3.6.2 The Offeror shall also confirm that any insurance policies intended to satisfy the requirements of this TORFP are issued by a company that is licensed to do business in the State of Maryland.

3.6.3 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this Section 3.6 “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the TO Contractor shall update certificates of insurance annually, or as otherwise directed by the TO Manager.

3.6.4 CYBER SECURITY / DATA BREACH INSURANCE

This section is not applicable.

3.7 Security Requirements

3.7.1 Employee Identification

A. TO 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 such TO Contractor Personnel shall provide additional photo identification.

B. TO 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. TO Contractor shall remove any TO Contractor Personnel from working on the Task Order where the State determines, in its sole discretion, that said TO Contractor Personnel has not adhered to the Security requirements specified herein.

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

E. Unless otherwise specified, the cost of complying with all security requirements specified herein are the sole responsibility and obligation of the TO Contractor and its subcontractors and no such costs shall be passed through to or reimbursed by the State or any of its agencies or units.

3.7.2 Security Clearance / Criminal Background Checks

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.7.3 On-Site Security Requirement(s)

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.7.4 Information Technology

This section is not applicable.

3.7.5 Data Protection and Controls

This section is not applicable.

3.7.6 Access to Security Logs and Reports

This section is not applicable.

3.7.7 Security Plan

This section is not applicable.

3.7.8 PCI Compliance

This section is not applicable.

3.7.9 Security Incident Response

This section is not applicable.

3.7.10 Data Breach Responsibilities

This section is not applicable.

3.8 RESERVED

3.9 SOC 2 Type 2 Audit Report

This section is not applicable.

3.10 Performance and Personnel

3.10.1 ROLES AND RESPONSIBILITIES

Personnel roles and responsibilities under the Task Order: TO Procurement Officer – The TO Procurement Officer is primarily responsible for managing the TORFP process, resolving TO Agreement scope issues, and authorizing any changes to the TO Agreement.

F. TO Manager—The TO Manager has the primary responsibility for managing the work performed under the TO Agreement, performing administrative functions, including

TORFP for DoIT Page 16 of 32 issuing written directions, and ensuring compliance with the terms and conditions of the CATS+ Master Contract.

The TO Manager will assign tasks to the personnel provided under this TORFP and will track and monitor the work being performed through the monthly accounting of hours’ deliverable for work types; actual work produced will be reconciled with the hours reported.

G. TO Contractor – The TO Contractor is the CATS+ Master Contractor awarded this Task Order. The TO Contractor shall provide human resources as necessary to perform the services described in this TORFP Scope of Work.

H. TO Contractor Manager – The TO Contractor Manager will serve as primary point of contact with the TO Manager to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the TO Contractor Personnel. The TO Contractor Manager will serve as liaison between the TO Manager and the senior TO Contractor management.

I. TO Contractor Personnel—Any official, employee, agent, Subcontractor, or Subcontractor agents of the TO Contractor who is involved with the Task Order during the Task Order period of performance.

J. Key Personnel—A subset of TO Contractor Personnel whose departure during the performance period will, in the State’s opinion, substantially negatively impact Task Order performance. Key Personnel proposed as part of the TO Proposal shall start as of TO Agreement issuance unless specified otherwise in this TORFP or the Offeror’s TO Technical Proposal. Key Personnel may be identified after the Task Order award.

3.10.2 Offeror Experience

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.10.3 Personnel Experience

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.10.4 Number of Personnel to Propose

This section is not applicable.

3.10.5 Key Personnel Identified

This section is not applicable.

3.10.6 Labor Categories

This section is not applicable.

3.10.7 Substitution of Education for Experience

This section is not applicable.

3.10.8 Substitution of Experience for Education

This section is not applicable.

3.10.9 TO Contractor Personnel Maintain Certifications

This section is not applicable.

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3.10.10 Work Hours

A. Business Hours Support: 7 AM to 4 PM, however schedules may change based on different hunting seasons as this site is on public hunting land.

B. If Task Orders are used Needs beyond the hours described in paragraph A may be defined in a Task Order.

C. TO 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 would be billed on an actual time worked basis at the rates proposed.

D. No work shall be performed during the following periods due to various hunting season and safety for all parties involved.

1) October 19th through October 28 – Early Deer Muzzleloader and Bear Season

2) November 25th through December 9th – Deer Firearms Season

E. State-Mandated Closings: TO Contractor Personnel shall be required to participate in any State-mandated closings. In this event, the TO Contractor will be notified in writing by the TO Manager of these details.

F. Minimum and Maximum Hours: Full-time TO Contractor Personnel shall work 40 hours per week with starting and ending times as approved by the TO Manager. A flexible work schedule may be used with TO Manager approval, including time to support any efforts outside core business hours. TO Contractor Personnel may also be requested to restrict the number of hours TO Contractor personnel can work within a given period of time that may result in less than an eight-hour day or less than a 40-hour work week.

G. Vacation Hours: Requests for leave shall be submitted to the TO Manager at least two weeks in advance. The TO Manager reserves the right to request a temporary replacement if leave extends longer than one consecutive week. In cases where there is insufficient coverage, a leave request may be denied.

3.11 Substitution of Personnel

This section is not applicable.

3.11.1 Directed Personnel Replacement

A. The TO Manager may direct the TO Contractor to replace any TO Contractor Personnel who, in the sole discretion of the TO Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law or DoIT, Contract, or Task Order requirement.

B. If deemed appropriate in the discretion of the TO Manager, the TO Manager shall give written notice of any TO Contractor Personnel performance issues to the TO Contractor, describing the problem and delineating the remediation requirement(s). The TO Contractor shall provide a written Remediation Plan within three (3) days of the date of the notice. If the TO Manager rejects the Remediation Plan, the TO Contractor shall revise and resubmit the plan to the TO Manager within five (5) days of the rejection, or in the timeframe set forth by the TO Manager in writing. Once a Remediation Plan has

TORFP for DoIT Page 18 of 32 been accepted in writing by the TO Manager, the TO Contractor shall immediately implement the Remediation Plan.

C. Should performance issues persist despite the approved Remediation Plan, the TO Manager will give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the removal and replacement of the TO Contractor Personnel whose performance is at issue. A request for a new Remediation Plan will follow the procedure described in Section 3.11.1.B.

D. In circumstances of directed removal, the TO Contractor shall provide a suitable replacement for TO Manager approval within fifteen (15) days of the date of the notification of directed removal, or the actual removal, whichever occurs first, or such earlier time as directed by the TO Manager in the event of a removal on less than fifteen days’ notice

E. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described above. However, the TO Manager reserves the right to direct immediate personnel replacement without utilizing the remediation procedure described above.

F. Replacement or substitution of TO Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Task Order or which otherwise may be available at law or in equity.

3.11.2 Substitution Prior to and 30 Days After Task Order Execution

A. Prior to Task Order Execution or within thirty (30) days after Task Order Execution, the Offeror may substitute proposed Key Personnel only under the following circumstances:

vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personnel Event, or death of such personnel. To qualify for such substitution, the Offeror must describe to the State's satisfaction the event necessitating substitution and must demonstrate that the originally proposed personnel are actual full-time direct employees with the Offeror (subcontractors, temporary staff or 1099 contractors do not qualify). Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination.

B. An Extraordinary Personnel Event – means 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.

3.11.3 Substitution More Than 30 Days After Task Order Execution

The procedure for substituting personnel after Task Order execution is as follows:

A. The TO Contractor may not substitute personnel without the prior approval of the TO

Manager.

B. To replace any personnel, the TO Contractor shall submit resumes of the proposed individual specifying the intended approved labor category. Any proposed substitute personnel shall have qualifications equal to or better than those of the replaced personnel.

C. The TO Manager shall approve the proposed substitute individual. The TO Manager shall have the option to interview the proposed substitute personnel and may require

TORFP for DoIT Page 19 of 32 such interviews to be in person. After the interview, the TO Manager shall notify the TO Contractor of acceptance or denial of the requested substitution. If no acceptable substitute personnel are proposed within the time frame established by the TO Manager, the TO Agreement may be canceled.

3.12 Minority Business Enterprise (MBE) Reports

There is no MBE Participation Goal for this Task Order.

3.13 Veteran Small Business Enterprise (VSBE) Reports

There is no VSBE Goal for this Task Order.

3.14 Work Orders

THIS SECTION IS NOT APPLICABLE TO THIS TORFP.

3.15 Additional Clauses

The TO Contractor shall be subject to the requirements in this section and shall flow down the provisions of Sections 3.15.1 – 3.15.5 (or the substance thereof) in all subcontracts.

3.15.1 TORFP Subject to CATS+ Master Contract

In addition to the requirements of this TORFP, the Master Contractors are subject to all terms and conditions contained in the CATS+ RFP issued by the Maryland Department of Information Technology (DoIT) and subsequent Master Contract Project Number 060B2490023, including any amendments, including but not limited to:

A. Custom Software, Custom Source Code, Data;

B. Hardware and software costs procured as part of the TORFP cannot exceed 49 percent of the total Task Order value;

C. Material costs shall be passed through with no mark-up by the TO Contractor;

D. No-Visual Access

E. By responding to this TORFP and accepting a Task Order award, an Offeror specifically agrees that for any software, hardware or hosting service that it proposes for use by the State in response to this TORFP, the State will have the right to purchase from another source, instead of from the selected Offeror.

3.15.2 All times specified in this document are local time, defined as Eastern Standard Time or Eastern Daylight Time, whichever is in effect.

3.15.3 Contract Management Oversight Activities

A. DoIT is responsible for contract management oversight on the CATS+ Master Contract.

As part of that oversight, DoIT has implemented a process for self-reporting contract management activities of Task Orders under CATS+. This process typically applies to active TOs for operations and maintenance services valued at $1 million or greater, but all CATS+ Task Orders are subject to review.

B. A sample of the TO Contractor Self-Reporting Checklist is available on the CATS+ website at http://doit.maryland.gov/contracts/Documents/CATSPlus/CATS+Self- ReportingChecklistSample.pdf. DoIT may send initial checklists out to applicable/selected TO Contractors approximately three months after the award date for

TORFP for DoIT Page 20 of 32 a Task Orders. The TO Contractor shall complete and return the checklist as instructed on the form. Subsequently, at six-month intervals from the due date on the initial checklist, the TO Contractor shall update and resend the checklist to DoIT.

3.15.4 Source Code Escrow

Source code Escrow does not apply to this Task Order.

3.15.5 Purchasing and Recycling Electronic Products

This section does not apply to this solicitation.

3.15.6 Change Control and Advance Notice

A. Unless otherwise specified in an applicable Service Level Agreement, the Contractor shall give seven (7) days advance notice to the State of any upgrades or modifications that may impact service availability and performance.

B. Contractor may not modify the functionality or features of any SaaS provided hereunder if such modification materially degrades the functionality of the SaaS.

3.15.7 No-Cost Extensions

In the event there are unspent funds remaining on the TO Agreement prior to the TO’s expiration date, the TO Procurement Officer may modify the TO Agreement to extend the TO Agreement beyond its expiration date for the performance of work within the TO’s scope of work. Notwithstanding anything to the contrary, no funds may be added to the TO Agreement in connection with any such extension.

TORFP for DoIT Page 21 of 32

4 TORFP Instructions

4.1 TO Pre-Proposal Conference

4.1.1 A TO pre-proposal conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

4.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend to facilitate better preparation of their proposals.

4.1.3 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.1.4 To ensure adequate seating and other accommodations at the Conference, please e-mail the Pre- Proposal Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the TO Procurement Officer at least five (5) business days before the Conference date. The DoIT will make a reasonable effort to provide such special accommodation.

4.1.5 A site visit has been pre-scheduled for <<date of site visit>>, beginning at <<start time of site visit>> Local Time, at <<full address of site with building name and room number>>. All prospective Offerors are encouraged to attend to facilitate better preparation of their proposals.

4.2 Questions

4.2.1 All questions shall identify in the subject line the Solicitation Number and Title (F50P5600086 -

Warrior Mountain Old Site Demolition) and shall be submitted in writing via e-mail to the TO Procurement Officer no later than the date and time specified the Key Information Summary Sheet.

4.2.2 Answers to all questions that are not clearly specific only to the requestor will be provided to all Master Contractors who are known to have received a copy of the TORFP.

4.2.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the DoIT unless it issues an amendment in writing.

4.3 TO Proposal Due (Closing) Date and Time

4.3.1 TO Proposals, in the number and form set forth in Section 5 TO Proposal Format, must be received by the TO Procurement Officer no later than the TO Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.3.2 Requests for extension of this date or time shall not be granted.

4.3.3 Offerors submitting TO Proposals should allow sufficient delivery time to ensure timely receipt by the TO Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, TO Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.3.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

4.3.5 TO Proposals may be modified or withdrawn by written notice received by the TO Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of TO Proposals.

TORFP for DoIT Page 22 of 32

4.4 Award Basis

Based upon an evaluation of TO Proposal responses as provided in Section 6.4, below, a Master Contractor will be selected to conduct the work defined in Sections 2 and 3. A specific TO Agreement, Attachment M, will then be entered into between the State and the selected Master Contractor, which will bind the selected Master Contractor (TO Contractor) to the contents of its TO Proposal, including the TO Financial Proposal.

4.5 Oral Presentation

This section is not applicable.

4.6 Limitation of Liability

The TO Contractor’s liability is limited in accordance with the Limitations of Liability section of the CATS+ Master Contract. TO Contractor’s liability for this TORFP is limited to one (1) time the total TO Agreement amount.

4.7 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.8 VSBE Goal

There is no VSBE participation goal for this procurement.

4.9 Living Wage Requirements

The Master Contractor shall abide by the Living Wage requirements under Title 18, State Finance and Procurement Article, Annotated Code of Maryland and the regulations proposed by the Commissioner of Labor and Industry.

All TO Proposals shall be accompanied by a completed Living Wage Affidavit of Agreement, Attachment F of this TORFP.

4.10 Federal Funding Acknowledgement

This Task Order does not contain federal funds.

4.11 Conflict of Interest Affidavit and Disclosure

4.11.1 Offerors shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment

H) and submit it with their Proposals. All Offerors are advised that if a TO Agreement is awarded as a result of this solicitation, the TO Contractor’s Personnel who perform or control work under this TO Agreement and each of the participating subcontractor personnel who perform or control work under this TO Agreement shall be required to complete agreements substantially similar to Attachment H, conflict of interest Affidavit and Disclosure.

4.11.2 If the TO Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the TO Procurement Officer may reject an Offeror’s TO Proposal under COMAR 21.06.02.03B.

TORFP for DoIT Page 23 of 32

4.11.3 Master Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions Article, Title 5, might limit the selected Master Contractor's ability to participate in future related procurements, depending upon specific circumstances.

4.11.4 By submitting a Conflict-of-Interest Affidavit and Disclosure, the Offeror shall be construed as certifying all TO Contractor Personnel and Subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

4.12 Non-Disclosure Agreement

4.12.1 Non-Disclosure Agreement (Offeror)

A Non-Disclosure Agreement (Offeror) is not required for this solicitation.

4.13 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

4.14 Iranian Non-Investment

All TO Proposals shall be accompanied by a completed Certification Regarding Investments in Iran, Attachment P of this TORFP.

4.15 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

4.16 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

4.17 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.18 Small Business Reserve (SBR) Set-Aside

This solicitation is not designated as a Small Business Reserve (SBR) set-aside solicitation.

4.19 Bonds

This solicitation does not require bonds.

TORFP for DoIT Page 24 of 32

5 TO Proposal Format

5.1 Required Response

Each Master Contractor receiving this CATS+ TORFP shall respond no later than the submission due date and time designated in the Key Information Summary Sheet. Each Master Contractor is required to submit one of two possible responses: 1) a TO Proposal; or 2) a completed Master Contractor Feedback Form (available online within the Master Contractor Admin System). The feedback form helps the State understand for future contract development why Master Contractors did not submit proposals. The form is accessible via the CATS+ Master Contractor login screen and clicking on TORFP Feedback Response Form from the menu.

A TO Proposal shall conform to the requirements of this CATS+ TORFP.

5.2 Two Part Submission

Offerors shall submit Proposals in separate volumes:

A. Volume I –Technical Proposal

i. Technical Proposal shall be submitted by the due date and time stated on the Key Information Summary Sheet, page iii of the RFP.

B. Volume II – Financial Proposal

i. Financial Proposal shall be submitted by the due date and time stated on the Key Information Summary Sheet, page iii of the RFP.

5.3 TO Proposal Packaging and Delivery

All offerors must submit VIA eMMA.

5.3.1 Two Part Submission:

A. TO Technical Proposal consisting of:

1) TO Technical Proposal and all supporting material in Microsoft Word format, version 2007 or greater,

2) the TO Technical Proposal in searchable Adobe PDF format,

3) a second searchable Adobe copy of the TO Technical Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 5.4.2.B, and

B. TO Financial Proposal consisting of:

1) TO Financial Proposal and all supporting material in Adobe PDF format,

2) the TO Financial Proposal in searchable Adobe PDF format,

3) a second searchable Adobe copy of the TO Financial Proposal, redacted in accordance with confidential and/or proprietary information removed (see Section 5.4.2.B).

5.4 Volume I - TO Technical Proposal

NOTE: Provide no pricing information in the TO Technical Proposal (Volume I). Include pricing information only in the TO Financial Proposal (Volume II).

TORFP for DoIT Page 25 of 32

5.4.1 In addition to the instructions below, responses in the Offeror’s TO Technical Proposal shall reference the organization and numbering of Sections in the TORFP (e.g., “Section 2.2.1 Response . . .; “Section 2.2.2 Response . . .,”). All pages of both TO Proposal volumes shall be consecutively numbered from beginning (Page 1) to end (Page “x”).

5.4.2 The TO Technical Proposal shall include the following documents and information in the order specified as follows:

A. Proposed Services:

1) Executive Summary: A one-page summary describing the Offeror’s understanding of the TORFP scope of work (Sections 2-3) and proposed solution.

2) Proposed Solution: A more detailed description of the Offeror’s understanding of the TORFP scope of work, proposed methodology and solution. The proposed solution shall be organized to exactly match the requirements outlined in Sections 2-3.

3) Draft Work Breakdown Structure (WBS): A matrix or table that shows a breakdown of the tasks required to complete the requirements and deliverables in Sections 2-3.

The WBS should reflect the chronology of tasks without assigning specific time frames or start / completion dates. The WBS may include tasks to be performed by the State or third parties, for example, independent quality assurance tasks. If the WBS appears as a deliverable in Sections 2-3, the deliverable version will be a final version. Any subsequent versions shall be approved through a formal configuration or change management process.

4) Draft Project or Work Schedule: A Gantt or similar chart containing tasks and estimated time frames for completing the requirements and deliverables in Sections 2-

3. The final schedule should come later as a deliverable under the TO after the TO Contractor has had an opportunity to develop realistic estimates. The Project or Work Schedule may include tasks to be performed by the State or third parties.

5) Draft Risk Assessment: Identification and prioritization of risks inherent in meeting the requirements in Section 3 - Scope of Work. Includes a description of strategies to mitigate risks. If the Risk Assessment appears as a deliverable in Sections 2-3, that version will be a final version. Any subsequent versions should be approved through a formal configuration or change management process.

6) Assumptions: A description of any assumptions formed by the Offeror in developing the TO Technical Proposal.

7) Tools the Master Contractor owns and proposes for use to meet any requirements in Sections 2-3.

8) Implementation Schedule - Offeror shall provide the proposed implementation schedule with its TO Proposal

9) The Offeror shall identify the location(s) from which it proposes to provide services, including, if applicable, any current facilities that it operates, and any required construction to satisfy the State’s requirements as outlined in this TORFP.

10) The Offeror shall provide a Backup solution/ strategy recommendation as part of its TO Proposal.

11) The Offeror shall include a deliverable description and schedule describing the proposed Deliverables as mapped to the State SDLC and the Deliverables table in Section 2.4.4. The schedule shall also detail proposed submission due date/frequency of each recommended Deliverable.

TORFP for DoIT Page 26 of 32

12) Non-Compete Clause Prohibition:

The DoIT seeks to maximize the retention of personnel working under this Task Order whenever there is a transition of the Task Order from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel.