STATE OF MARYLAND

DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT)

REQUEST FOR PROPOSALS (RFP)
INNOVATIVE WORKFORCE SOLUTION (IWS)
RFP NUMBER F50B1600006

ISSUE DATE: NOVEMBER 10, 2020

NOTICE
A Prospective Offeror that has received this document from a source other than eMarylandMarketplace
(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.
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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: Innovative Workforce Solution
Solicitation No: F50B1600006
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: ________________________________________________________________

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STATE OF MARYLAND
DEPARMENT OF INFORMATION TECHNOLOGY (DOIT)
KEY INFORMATION SUMMARY SHEET
Request for Proposals IT, Innovative Workforce Solution (IWS)
Solicitation Number: F50B1600006
RFP Issue Date: November 10, 2020
RFP Issuing Office: Department of General Services, Office of Procurement
Procurement Officer: Dapheny McCray

e-mail: [email protected]
Office Phone: Please contact by email.
Proposals are to be sent to: [email protected]
Pre-Proposal Conference: December 3, 2020 at 10:30 AM Local Time (This will be virtual)
This conference will be held virtually via Google Meet. Please email
Dapheny McCray at [email protected] for connection
instructions.
See Attachment A for directions and instructions.
Questions Due Date and Time December 16, 2020 at 10:30 AM Local Time
Proposal Due (Closing) Date
and Time: December 23, 2020 at 09:30 AM Local Time

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: IDIQ with Fixed Price and Labor Hour Work Orders
Contract Duration: 3 year base with, 2 one-year option periods
Primary Place of Various
Performance:
SBR Designation: No
Federal Funding: No

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications ...................................................................................................................... 1
1.1 Offeror Minimum Qualifications................................................................................................. 1

2 Contractor Requirements: Scope of Work ........................................................................................ 2

2.1 Summary Statement ..................................................................................................................... 2
2.2 Background.................................................................................................................................. 2
2.3 IWS Goals and Objectives ........................................................................................................... 3
2.4 Statement of Need ....................................................................................................................... 3
2.5 Required Project Policies, Guidelines and Methodologies .......................................................... 4

3 Contractor Requirements: General .................................................................................................... 5

3.1 Contract Initiation Requirements................................................................................................. 5
3.2 Invoicing ...................................................................................................................................... 5
3.3 INDUSTRIAL FUNDING ADJUSTMENT ............................................................................... 7
3.4 CONTRACTOR’S REPORT OF SALES ................................................................................... 7
3.5 Liquidated Damages .................................................................................................................... 7
3.6 Insurance Requirements .............................................................................................................. 7
3.7 Security Requirements................................................................................................................. 8
3.8 Experience and Personnel .......................................................................................................... 11
3.9 Substitution of Personnel ........................................................................................................... 11
3.10 Minority Business Enterprise (MBE) Reports ........................................................................... 12
3.11 Veteran Small Business Enterprise (VSBE) Reports ................................................................ 12
3.12 Work Orders .............................................................................................................................. 12
3.13 Additional Clauses..................................................................................................................... 13

4 Procurement Instructions .................................................................................................................. 14

4.1 Pre-Proposal Conference ........................................................................................................... 14
4.2 eMaryland Marketplace Advantage (eMMA) ........................................................................... 14
4.3 Questions ................................................................................................................................... 14
4.4 Procurement Method ................................................................................................................. 14
4.5 Proposal Due (Closing) Date and Time ..................................................................................... 15
4.6 Multiple or Alternate Proposals ................................................................................................. 15
4.7 Economy of Preparation ............................................................................................................ 15
4.8 Public Information Act Notice .................................................................................................. 15

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4.9 Award Basis............................................................................................................................... 15

4.10 Oral Presentation ....................................................................................................................... 15
4.11 Duration of Proposal.................................................................................................................. 16
4.12 Revisions to the RFP ................................................................................................................. 16
4.13 Cancellations ............................................................................................................................. 16
4.14 Incurred Expenses ..................................................................................................................... 16
4.15 Protest/Disputes ......................................................................................................................... 17
4.16 Offeror Responsibilities ............................................................................................................. 17
4.17 Acceptance of Terms and Conditions ........................................................................................ 17
4.18 Proposal Affidavit ..................................................................................................................... 17
4.19 Contract Affidavit ...................................................................................................................... 17
4.20 Compliance with Laws/Arrearages ........................................................................................... 18
4.21 Verification of Registration and Tax Payment .......................................................................... 18
4.22 False Statements ........................................................................................................................ 18
4.23 Payments by Electronic Funds Transfer .................................................................................... 18
4.24 Prompt Payment Policy ............................................................................................................. 19
4.25 Electronic Procurements Authorized ......................................................................................... 19
4.26 MBE Participation Goal ............................................................................................................ 20
4.27 VSBE Goal ................................................................................................................................ 20
4.28 Living Wage Requirements ....................................................................................................... 20
4.29 Federal Funding Acknowledgement .......................................................................................... 21
4.30 Conflict of Interest Affidavit and Disclosure ............................................................................ 21
4.31 Non-Disclosure Agreement ....................................................................................................... 22
4.32 HIPAA - Business Associate Agreement .................................................................................. 22
4.33 Nonvisual Access ...................................................................................................................... 22
4.34 Mercury and Products That Contain Mercury ........................................................................... 22
4.35 Location of the Performance of Services Disclosure ................................................................ 22
4.36 Department of Human Services (DHS) Hiring Agreement ....................................................... 22
4.37 Small Business Reserve (SBR) Procurement ............................................................................ 23
4.38 Maryland Healthy Working Families Act Requirements .......................................................... 23

5 Proposal Format ................................................................................................................................. 24

5.1 Two Part Submission ................................................................................................................. 24
5.2 Proposal Delivery and Packaging .............................................................................................. 24
5.3 Volume I - Technical Proposal .................................................................................................. 25

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5.4 Volume II – Financial Proposal ................................................................................................. 28

6 Evaluation and Selection Process ...................................................................................................... 29

6.1 Evaluation Committee ............................................................................................................... 29
6.2 Technical Proposal Evaluation Criteria ..................................................................................... 29
6.3 Financial Proposal Evaluation Criteria ...................................................................................... 29
6.4 Reciprocal Preference ................................................................................................................ 29
6.5 Selection Procedures.................................................................................................................. 30
6.6 Documents Required upon Notice of Recommendation for Contract Award ........................... 30

7 RFP ATTACHMENTS AND APPENDICES .................................................................................. 31

Attachment A. Pre-Proposal Conference Response Form ................................................................ 33

Attachment B. Financial Proposal Form ........................................................................................... 34

Attachment C. Proposal Affidavit ....................................................................................................... 35

Attachment D. Minority Business Enterprise (MBE) Forms ........................................................... 36

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms ................................... 37

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts ................ 38

Attachment G. Federal Funds Attachments....................................................................................... 40

Attachment H. Conflict of Interest Affidavit and Disclosure ........................................................... 41

Attachment I. Non-Disclosure Agreement (Contractor) ................................................................. 42

Attachment J. HIPAA Business Associate Agreement ..................................................................... 43

Attachment K. Mercury Affidavit ....................................................................................................... 44

Attachment L. Location of the Performance of Services Disclosure ............................................... 45

Attachment M. Contract ....................................................................................................................... 46

Attachment N. Contract Affidavit ...................................................................................................... 62

Attachment O. DHS Hiring Agreement .............................................................................................. 63

Appendix 1. – Abbreviations and Definitions ......................................................................................... 64

Appendix 2. – Offeror Information Sheet ............................................................................................... 67

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1 Minimum Qualifications
1.1 Offeror Minimum Qualifications
Offerors must have a fully developed and operational intake, training (fully subsidized by the Offeror)
and apprenticeship program providing a salary and benefits) in place for a minimum of two years at the
time of proposal submission.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement
2.1.1 The State of Maryland, through the Department of Information Technology (DoIT), is issuing this
Request for Proposals (RFP) for the purpose of soliciting proposals from Offerors for provision of
an IT innovative workforce solution (IWS) allowing the State to provide work opportunities to
individuals apprenticing to become IT professionals.
2.1.2 The Department intends to make multiple awards as a result of this RFP. Refer to RFP Section
4.9 Award Basis for more Contract award information. After award of the RFP, the State will
utilize a competitive Work Order process (refer to RFP Section 3.12) to procure resources for
specific projects.
2.1.3 An Offeror must be able to provide all services and meet all of the requirements requested in this
solicitation and the successful Offeror(s) (the Contractor(s) shall remain responsible for Contract
performance regardless of subcontractor participation in the work.
2.1.4 The Contract applies exclusively to all entities to which Subtitle 3 of Title 3A of the State
Finance and Procurement Article is applicable pursuant to Section 3A-302 of the State Finance
and Procurement Article.
2.1.5 Maryland State and local entities as defined in Finance and Procurement 13-110(a)(5)(i) and not-
for-profit entities within the State of Maryland may purchase from the Contractor goods or
services covered by the Contract at the same prices chargeable to the State. All purchases by
such entities:
B. Shall constitute Contracts between the Contractor and the purchasing entity;
C. Shall not constitute purchases by the State or State agencies under the Contract;
D. Shall not be binding or enforceable against the State; and
E. May be subject to other terms and conditions agreed to by the Contractor and the purchaser.
2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or
not-for-profit entity requesting services under the Contract. The Contractor bears the risk of
determining whether or not a government, agency or organization with which the Contractor is
dealing is a State entity.
2.1.7 A Contract award does not ensure a Contractor will receive all or any State business under the
Contract.

2.2 Background
2.2.1 DoIT was created in 2008 to consolidate Maryland state agency IT and telecommunications
functions and policies into one department, reporting directly to the Governor.
2.2.2 DoIT’s mission is to provide vital technology solutions to State government allowing the
Executive Branch, State Agencies and Coordinating Offices to provide Marylanders with State
services that enable them to live and work more safely, efficiently and productively.
2.2.3 DoIT manages IT and telecommunication functions for itself and as well as through support to all
Executive Branch agencies and offices. It also sets strategic policies and direction for all State
government IT and telecommunications to establish long-range plans for enterprise-wide IT
architecture, system and networking infrastructure, security and data governance and program

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oversight for major applications. DoIT encourages cross-agency collaboration, while

incorporating best practices for operations and project management.
2.2.4 DoIT is organized into several key business units to help accomplish its mission i.e., Application
Management, Infrastructure, Statewide Radio System, Cybersecurity, Enterprise Planning and
Architecture, and Finance and Accounting.
2.2.5 DoIT’s vision is to lead the State in creation and implementation of world-class information
technology solutions to improve IT infrastructure and government services and keep Maryland
current within IT industry trends.
2.2.6 Technological resources at DoIT’s disposal are combined with a talented and knowledgeable
team allowing it to successfully identify and leverage opportunities to enable all State agencies to
operate together more effectively, efficiently and at less expense, and maximize the State’s
investments in information management services, IT assets, and telecommunication services

2.3 IWS Goals and Objectives

2.3.1 DoIT is pursuing this IWS business initiative for several reasons. First, to help create a more
efficient and agile IT workforce to develop its information management programs. Secondly,
through this effort the State seeks to help create economic and career opportunities for citizens
who may not otherwise have access to IT industry opportunities. Finally, helping individuals
develop long-term career opportunities helps provide economic benefits to Maryland
communities.
2.3.2 To achieve these ends, as part of DoIT’s ongoing commitment to evaluate and improve processes
and service delivery methods, we seek market-based solutions from Offerors for high-quality,
best-of-practice IWF solutions. The goal of this business initiative is to develop a creative,
innovative, high-performing and agile IT workforce to help the State achieve a variety of
significant IT-based public policy goals and objectives.
2.3.3 In addition to procuring a solution for an agile IT workforce for its own benefit, the State intends
for any contract awarded pursuant to this RFP to be available for use by any other Authorized
User that may order services to assist them develop their own innovative IT workforce programs.
For purposes of this RFP Authorized Users are defined in Section 2.1.5. Units of state
government must obtain DoIT approval prior to issuing a Work Order under the contract. Any
Work Order issued without DoIT approval is void and of no effect.

2.4 Statement of Need

2.4.1 Examples of activities for any scope of services sought in any Innovative Workforce Solution
include, but are not limited to, the following:

1. Identification of Staff 5. Off-boarding Staff

2. Vetting Staff 6. Reporting and Analytics

3. Onboarding Staff 7. Staff and Program Administration

4. Staff management 8. IWS Program Management

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2.5 Required Project Policies, Guidelines and Methodologies

The Contractor must 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.
Tthe Contractor must 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/policies/Pages/default.aspx;
C. The State of Maryland Information Technology Non-Visual Standards at:
http://doit.maryland.gov/policies/Pages/nva.aspx;
D. The State of Maryland Information Technology Project Oversight at:
http://doit.maryland.gov/epmo/Pages/ProjectMgmt.aspx;
E. The National Institute of Standards and Technology, Special Publication 800-63 at:
https://pages.nist.gov/800-63-3/; and
F. The Contractor shall follow project management methodologies consistent with the most
recent edition of the Project Management Institute’s Project Management Body of
Knowledge Guide.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements
3.1.1 After award, a kick-off meeting will be held to orient Contractors to the process.

3.2 Invoicing
3.2.1 General
A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice
as directed in a Work Order.
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;
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 labor hour items shall clearly identify each item as
either fixed price or labor hour billing.
E. The State reserves the right to reduce or withhold Contract payment in the event the
Contractor does not provide the State 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. 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.
G. 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.

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3.2.2 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, those items shall be billed in the
month following the acceptance of the work.
B. For items of work for which there is annual pricing, those items shall be billed in equal
monthly installments for the applicable Contract year in the month following the
performance of the services.
3.2.3 Labor Hours Invoicing
A. All labor hour invoices shall be accompanied by a signed timesheet as described below and
notice(s) of acceptance issued by the State. Include for each person covered by the invoice
the following, individually listed per person: name, hours worked, hourly labor rate, invoice
amount and a copy of each person’s timesheet for the period signed by the Contract Monitor.
B. Time Sheet Reporting Within three (3) Business Days after the 15th and last day of the
month, the TO Contractor shall submit a semi-monthly timesheet for the preceding half
month providing data for all resources provided under the Contract.
At a minimum, each semi-monthly timesheet shall show:
1) Title: “Time Sheet for <<xxxxx>>”;
2) Issuing company name, address, and telephone number;
3) For each employee /resource:
a) Employee / resource name, and
b) For each Period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods
run 1st through 15th, and 16th through last day of the month.):
i) Tasks completed that week and the associated deliverable names and
ID#s;
ii) Number of hours worked each day;
iii) Total number of hours worked that Period;
iv) Period variance above or below 40 hours;
v) Annual number of hours planned under the Task Order;
vi) Annual number of hours worked to date; and
vii) Balance of hours remaining;
4) Annual variance to date (Sum of periodic variances); and
5) Signature and date lines for the Contract Monitor.
C. Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract
Monitor shall sign the timesheet to indicate authorization to invoice.
3.2.4 For the purposes of the Contract an amount will not be deemed due and payable if:
A. The amount invoiced is inconsistent with the Contract;
B. The proper invoice has not been received by the party or office specified in the Contract or
Work Order;

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C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply
with the provisions of the Contract;
D. The item or services have not been accepted;
E. The quantity of items delivered is less than the quantity ordered;
F. The items or services do not meet the quality requirements of the Contract;
G. If the Contract provides for progress payments, the proper invoice for the progress payment
has not been submitted pursuant to the schedule;
H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all
stipulated conditions for release of the retainage have not been met; or
I. The Contractor has not submitted satisfactory documentation or other evidence reasonably
required by the Procurement Officer or by the Contract concerning performance under the
Contract and compliance with its provisions.
3.2.5 Travel Reimbursement
Travel will not be reimbursed under this RFP.

3.3 INDUSTRIAL FUNDING ADJUSTMENT

3.3.1 The Contractor must pay, an Industrial Funding Adjustment (IFA), equaling two percent (2%) of
the total quarterly sales reported for sales to entities under Section 2.1.5, to be remitted within
thirty (30) days after the end of each quarterly reporting period as established in the clause
entitled “Contractor’s Report of Sales”. Contractor shall remit the IFA together with a copy of
the Contractor’s Report of Sales as delineated in Section 3.4.
3.3.2 If the full amount of the IFA is not paid within 30 calendar days after the end of the applicable
reporting period, it shall constitute a Contract debt to the State of Maryland, and the State may
exercise all rights and remedies available under law. Failure to submit sales reports, falsification
of sales reports, and or failure to pay the IFA in a timely manner may result in termination or
cancellation of this Contract.

3.4 CONTRACTOR’S REPORT OF SALES

3.4.1 The Contractor must report the quarterly dollar value, in U.S. dollars and rounded to the nearest
whole dollar, of all sales under this Contract by calendar quarter; i.e., January through March,
April through June, July through September, and October through December. The dollar value of
a sale is the price paid by an Authorized User for services obtained under Section 2.1.5. The
reported Contract sales value must include the Industrial Funding Adjustment. The Contractor
must provide this report within thirty (30) days after the end of each quarterly reporting period as
defined herein.

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages
Not applicable, there is no MBE goal for this RFP.

3.6 Insurance Requirements

3.6.1 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:

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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. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per
claim and $3,000,000 annual aggregate.
C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum
single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed
$10,000. The State of Maryland and the Department should be added as a “loss payee.”
D. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as
required under Workers’ Compensation Acts, the Longshore and Harbor Workers’
Compensation Act, and the Federal Employers’ Liability Act, to not be less than one million
dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of
coverage). Coverage must be valid in all states where work is performed.
E. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or
Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as
appropriate with Liability, Collision, and PIP limits no less than those required by the State
where the vehicle(s) is registered, but in no case less than those required by the State of
Maryland.
3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with
the coverages listed above, including umbrella policies, excluding Workers’ Compensation
Insurance and professional liability.
3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide
the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-
renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in
writing, if policies are cancelled or not renewed within five (5) days of learning of such
cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance
coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance
policy then in effect.
3.6.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized
to do business in the State.
3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed
coverages, limits and requirements set forth in this section within five (5) Business Days from
notice of recommended award. During the period of performance for multi-year contracts, the
Contractor shall provide certificates of insurance annually, or as otherwise directed by the
Contract Monitor.
3.6.6 Subcontractor Insurance
The Contractor shall require any subcontractors to obtain and maintain comparable levels of
coverage and shall provide the Contract Monitor with the same documentation as is required of
the Contractor.

3.7 Security Requirements

The following requirements are applicable to the Contract:
3.7.1 Employee Identification

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A. Contractor Personnel shall display their company ID badge in a visible location at all times
while on State premises. Upon request of authorized State personnel, each Contractor
Personnel shall provide additional photo identification.
B. Contractor Personnel shall cooperate with State site requirements, including but not limited
to, being prepared to be escorted at all times, and providing information for State badge
issuance.
C. Contractor shall remove any Contractor Personnel from working on the Contract where the
State determines, in its sole discretion, that Contractor Personnel has not adhered to the
Security requirements specified herein.
D. The State reserves the right to request that the Contractor submit proof of employment
authorization of non-United States Citizens, prior to commencement of work under the
Contract.
3.7.2 Security Clearance / Criminal Background Check
The Contractor shall obtain from each individual assigned to work on the Contract a statement
permitting a criminal background check. The State will obtain a criminal background check for each
individual using a source of its choosing. The Contract Monitor reserves the right to reject any
individual based upon the results of the background check.
A. Persons with a criminal record may not perform services under the Contract unless prior
written approval is obtained from the Contract Monitor. The Contract Monitor reserves the
right to reject any individual based upon the results of the background check. Decisions of
the Contract Monitor as to acceptability of a candidate are final. The State reserves the right
to refuse any individual Contractor Personnel to work on State premises, based upon certain
specified criminal convictions, as specified by the State.
B. The CJIS criminal record check of each Contractor Personnel who will work on State
premises shall be reviewed by the Contractor for convictions of any of the following crimes
described in the Annotated Code of Maryland, Criminal Law Article:
1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against
property);
2) any crime within Title 7, Subtitle 1 (various crimes involving theft);
3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving
telecommunications and electronics);
4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);
5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes
against public administration); or
6) a crime of violence as defined in CL § 14-101(a).
C. Contractor Personnel with access to systems supporting the State or to State data who have
been convicted of a felony or of a crime involving telecommunications and electronics from
the above list of crimes shall not be permitted to work on State premises under the Contract;
Contractor Personnel who have been convicted within the past five (5) years of a
misdemeanor from the above list of crimes shall not be permitted to work on State premises.
D. A particular on-site location covered by the Contract may require more restrictive conditions
regarding the nature of prior criminal convictions that would result in Contractor Personnel
not being permitted to work on those premises. Upon receipt of a location’s more restrictive

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conditions regarding criminal convictions, the Contractor shall provide an updated

certification regarding the Contractor Personnel working at or assigned to those premises.
3.7.3 On-Site Security Requirement(s)
E. For the conditions noted below, Contractor Personnel may be barred from entrance or
leaving any site until such time that the State’s conditions and queries are satisfied.
1) Contractor Personnel may be subject to random security checks when entering and
leaving State secured areas. The State reserves the right to require Contractor
Personnel to be accompanied while in secured premises.
2) Some State sites, especially those premises of the Department of Public Safety and
Correctional Services, require each person entering the premises to document and
inventory items (such as tools and equipment) brought onto the site, and to submit to
a physical search of his or her person. Therefore, Contractor Personnel shall always
have available an inventory list of tools being brought onto a site and be prepared to
present the inventory list to the State staff or an officer upon arrival for review, as
well as present the tools or equipment for inspection. Before leaving the site, the
Contractor Personnel will again present the inventory list and the tools or equipment
for inspection. Upon both entering the site and leaving the site, State staff or a
correctional or police officer may search Contractor Personnel. Depending upon
facility rules, specific tools or personal items may be prohibited from being brought
into the facility.
F. Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the
State may be searched, fingerprinted (for the purpose of a criminal history background
check), photographed and required to wear an identification card issued by the State.
G. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-
410 through 9-417 and such other security policies of the agency that controls the facility to
which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel
to comply with any provision of the Contract is sufficient grounds for the State to
immediately terminate the Contract for default.
3.7.4 Information Technology
A. Contractors shall comply with and adhere to the State IT Security Policy and Standards.
These policies may be revised from time to time and the Contractor shall comply with all
such revisions. Updated and revised versions of the State IT Policy and Standards are
available online at: www.doit.maryland.gov – keyword: Security Policy.
B. The Contractor shall not connect any of its own equipment to a State LAN/WAN without
prior written approval by the State. The Contractor shall complete any necessary paperwork
as directed and coordinated with the Contract Monitor to obtain approval by the State to
connect Contractor-owned equipment to a State LAN/WAN.
The Contractor shall:
1) Implement administrative, physical, and technical safeguards to protect State data
that are no less rigorous than accepted industry best practices for information
security such as those listed below (see Section 3.7.5);
2) Ensure that all such safeguards, including the manner in which State data is
collected, accessed, used, stored, processed, disposed of and disclosed, comply with
applicable data protection and privacy laws as well as the terms and conditions of
the Contract; and

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3) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal,
State and local laws, rules and regulations concerning security of Information
Systems and Information Technology and (ii) comply with and adhere to the State
IT Security Policy and Standards as each may be amended or revised from time to
time. Updated and revised versions of the State IT Policy and Standards are
available online at: www.doit.maryland.gov – keyword: Security Policy.
3.7.5 Data Breach Responsibilities
A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the
Contractor shall, unless otherwise directed:
1) Notify the appropriate State-identified contact within 24 hours by telephone in
accordance with the agreed upon security plan or security procedures unless a
shorter time is required by applicable law;
2) Cooperate with the State to investigate and resolve the data breach;
3) Promptly implement commercially reasonable remedial measures to remedy the
Data Breach; and
4) Document responsive actions taken related to the Data Breach, including any post-
incident review of events and actions taken to make changes in business practices in
providing the services.
B. If a Data Breach is a direct result of the Contractor’s breach of its Contract obligation to
encrypt State data or otherwise prevent its release, the Contractor shall bear the costs
associated with (1) the investigation and resolution of the data breach; (2) notifications to
individuals, regulators or others required by State law; (3) a credit monitoring service
required by State or federal law; (4) a website or a toll-free number and call center for
affected individuals required by State law; and (5) complete all corrective actions as
reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the
Contract’s limitation of liability.
3.7.6 Additional security requirements may be established in a Work Order.
3.7.7 The State shall, at its discretion, have the right to review and assess the Contractor’s compliance
to the security requirements and standards defined in the Contract.
3.7.8 Provisions in Sections 3.7.1 – 3.7.7 shall survive expiration or termination of the Contract.
Additionally, the Contractor shall flow down the provisions of Sections 3.7.4-3.7.7 (or the
substance thereof) in all subcontracts.

3.8 Experience and Personnel

Requirements will be established at the Work Order level.

3.9 Substitution of Personnel

3.9.1 Contractor Personnel General Substitution Provisions
The following provisions apply to all of the circumstances of Contractor Personnel:
A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed
substitute has qualifications at least equal to those of the Contractor Personnel proposed to
be replaced.

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B. The Contractor shall provide the Contract Monitor with a substitution request that shall
include:
1) A detailed explanation of the reason(s) for the substitution request;
2) The resume of the proposed substitute, signed by the substituting individual and
his/her formal supervisor;
3) The official resume of the current personnel for comparison purposes; and
4) Evidence of any required credentials.
C. The Contract Monitor may request additional information concerning the proposed
substitution and may interview the proposed substitute personnel prior to deciding whether
to approve the substitution request.
D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or
(ii) contingent or temporary approval for a specified time limit, of the requested substitution.
The Contract Monitor will not unreasonably withhold approval of a proposed Contractor
Personnel replacement.

3.10 Minority Business Enterprise (MBE) Reports

Not applicable.

3.11 Veteran Small Business Enterprise (VSBE) Reports

Not applicable.

3.12 Work Orders

A. Services will be provided via a Work Order process. Work Orders will be awarded in
accordance with the evaluation procedures set out in the Work Order Request. Work shall
not begin in advance of a fully executed Work Order. A Work Order may be issued for
either fixed price or labor hour. Rates for labor hour Work Orders are capped at the pre-
approved fully loaded rates proposed in Attachment B – Financial Proposal RFP
#F50B1600006 – Innovative Workforce Solution. The Work Order Request will include:
1) Technical requirements and description of the service or resources needed;
2) Performance objectives and/or deliverables, as applicable;
3) Due date and time for submitting a response to the request;
4) Required place(s) where work must be performed; and
5) A statement of the factors that will be used in evaluating responses and the relative
importance of each factor.
B. Responses must be sent via e-mail within the specified time and include all information
required by the Work Order Request.
C. The Contract Monitor may seek additional information or clarification regarding the
response, and will provide the Work Order to the Procurement Officer for a determination of
compliance with the Contract and a determination whether a change order is appropriate.
Written Procurement Officer approval is required before Work Order execution by the State.
D. Performance of services under a Work Order shall commence consistent with an NTP issued
by the Contract Monitor for such Work Order.

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3.13 Additional Clauses

3.13.1 No-Cost Extensions
In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on
the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to
extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the
base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of
work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be
added to the Contract in connection with any such extension.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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4 Procurement Instructions
4.1 Pre-Proposal Conference
4.1.1 A pre-Proposal conference (Conference) will be held at the date, time, via Google Meet as
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
in order to facilitate better preparation of their Proposals.
4.1.3 Following the Conference, the attendance record and summary of the Conference will be
distributed via the same mechanism described for amendments and questions (see Section 4.2.1
eMMA).
4.1.4 Those wishing to attend the web conference may request a meeting invitation by emailing
<<contact name>> at <<contact email>>no later than 2:00 PM on <<deadline for contacting>>.
An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the
email, the Procurement Officer will reply with a registration email with a link that may be used to
register for the conference. Registration must be completed by 2:00 PM <<registration
deadline>>.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The RFP, Conference
summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses,
addenda, and other solicitation-related information will be made available via eMMA.
4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.
Go to, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions
4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals,
shall identify in the subject line the Solicitation Number and Title (F50B1600006 – Innovative
Workforce Solution (IWS), and shall be submitted in writing via e-mail to the Procurement
Officer no later than the date and time specified the Key Information Summary Sheet.>> The
Procurement Officer, based on the availability of time to research and communicate an answer,
shall decide whether an answer can be given before the Proposal due date.
4.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via
the same mechanism as for RFP amendments, and posted on eMMA.
4.3.3 The statements and interpretations contained in responses to any questions, whether responded to
verbally or in writing, are not binding on the Department unless it issues an amendment in
writing.

4.4 Procurement Method

A Contract will be awarded in accordance with the Master Contracting method under COMAR
21.05.13.

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4.5 Proposal Due (Closing) Date and Time

4.5.1 Proposals, in the number and form set forth in Section 5 Proposal Format, must be received by
the Procurement Officer no later than the Proposal due date and time indicated on the Key
Information Summary Sheet in order to be considered.
4.5.2 Requests for extension of this date or time shall not be granted.
4.5.3 Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by
the Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10,
Proposals received after the due date and time listed in the Key Information Summary Sheet will
not be considered.
4.5.4 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.
4.5.5 Proposals may be modified or withdrawn by written notice received by the Procurement Officer
before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

4.6 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted.

4.7 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise
description of the Offeror’s Proposal to meet the requirements of this RFP.

4.8 Public Information Act Notice

4.8.1 The Offeror should give specific attention to the clear identification of those portions of its
Proposal that it considers confidential and/or proprietary commercial information or trade secrets,
and provide justification why such materials, upon request, should not be disclosed by the State
under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4 (See also
RFP Section 5.3.2.B “Claim of Confidentiality”). This information should be identified by page
and section number and placed after the Title Page and before the Table of Contents in the
Technical Proposal and if applicable, separately in the Financial Proposal.
4.8.2 Offerors are advised that, upon request for this information from a third party, the Procurement
Officer is required to make an independent determination whether the information must be
disclosed.

4.9 Award Basis

A Contract shall be awarded to the responsible Offeror(s) whose proposals are determined to be
qualified for a Contract considering the price and evaluation factors set forth herein.

4.10 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are
considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral
clarification of, or change in, their Proposals made in the course of discussions. Any such written
clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will
notify Offerors of the time and place of oral presentations.

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4.11 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days
following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the
date any protest concerning this RFP is finally resolved. This period may be extended at the
Procurement Officer’s request only with the Offeror’s written agreement.

4.12 Revisions to the RFP

4.12.1 If the RFP is revised before the due date for Proposals, the Department shall post any addenda to
the RFP on eMMA and shall endeavor to provide such addenda to all prospective Offerors that
were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP.
It remains the responsibility of all prospective Offerors to check eMMA for any addenda issued
prior to the submission of Proposals.
4.12.2 Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date
shall be included in the Transmittal Letter accompanying the Offeror’s Technical Proposal.
4.12.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain
under award consideration as of the issuance date of the addenda.
4.12.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be
in the manner specified in the addendum notice.
4.12.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with
the terms, additions, deletions, or corrections set forth in the addendum, and may cause the
Proposal to be deemed not reasonably susceptible of being selected for award.

4.13 Cancellations
4.13.1 The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or
in part, received in response to this RFP, waive or permit the cure of minor irregularities, and
conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to
serve the best interests of the State.
4.13.2 The State reserves the right, in its sole discretion, to award a Contract based upon the written
Proposals received without discussions or negotiations.
4.13.3 In the event a government entity proposes and receives the recommendation for award, the
procurement may be cancelled and the award processed in accordance with COMAR
21.01.03.01.A(4).
4.13.4 If the services that are the subject of the RFP are currently being provided under an interagency
agreement with a public institution of higher education and the State determines that the services
can be provided more cost effectively by the public institution of higher education, then the RFP
may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-
207(b)(2).

4.14 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a
Proposal, in making an oral presentation, providing a demonstration, or performing any other activities
related to submitting a Proposal in response to this solicitation.

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4.15 Protest/Disputes
Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions
of COMAR 21.10 (Administrative and Civil Remedies).

4.16 Offeror Responsibilities

4.16.1 Offerors must be able to provide all goods and services and meet all of the requirements
requested in this solicitation and the successful Offeror shall be responsible for Contract
performance including any subcontractor participation.
4.16.2 If the Offeror is the subsidiary of another entity, all information submitted by the Offeror,
including but not limited to references, financial reports, or experience and documentation (e.g.
insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall
pertain exclusively to the Offeror, unless the parent organization will guarantee the performance
of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed
by an authorized representative of the parent organization, stating that the parent organization will
guarantee the performance of the subsidiary.
4.16.3 A parental guarantee of the performance of the Offeror under this Section will not automatically
result in crediting the Offeror with the experience or qualifications of the parent under any
evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the
Offeror will be evaluated on the extent to which the State determines that the experience and
qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the
parent to be directly involved in the performance of the Contract, and the value of the parent’s
participation as determined by the State.

4.17 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to
have accepted the terms and conditions of this RFP and the Contract, attached hereto as Attachment M.
Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the
Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s
Proposal. The Department reserves the right to accept or reject any exceptions.

4.18 Proposal Affidavit

A Proposal submitted by the Offeror must be accompanied by a completed Proposal Affidavit. A copy
of this Affidavit is included as Attachment C of this RFP.

4.19 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful
Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included for
informational purposes as Attachment N of this RFP. This Affidavit must be provided within five (5)
Business Days of notification of recommended award. For purposes of completing Section “B” of this
Affidavit (Certification of Registration or Qualification with the State Department of Assessments and
Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign”
business.

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4.20 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will
comply with all federal, State, and local laws applicable to its activities and obligations under the
Contract.
By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the
payment of any obligations due and owing the State, including the payment of taxes and employee
benefits, and shall not become so in arrears during the term of the Contract if selected for Contract
award.

4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of
Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West
Preston Street, Baltimore, Maryland 21201. For registration information, visit
https://www.egov.maryland.gov/businessexpress.
It is strongly recommended that any potential Offeror complete registration prior to the Proposal due
date and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise
successful Offeror from final consideration and recommendation for Contract award.

4.22 False Statements

Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides
as follows:
4.22.1 In connection with a procurement contract a person may not willfully:
A. Falsify, conceal, or suppress a material fact by any scheme or device.
B. Make a false or fraudulent statement or representation of a material fact.
C. Use a false writing or document that contains a false or fraudulent statement or entry of a
material fact.
4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.
4.22.3 A person who violates any provision of this section is guilty of a felony and on conviction is
subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.23 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:
4.23.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s
Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The
successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)
Registration Request Form.
4.23.2 Any request for exemption must be submitted to the State Comptroller’s Office for approval at
the address specified on the COT/GAD X-10 form, must include the business identification
information as stated on the form, and must include the reason for the exemption. The COT/GAD
X-10 form may be downloaded from the Comptroller’s website at:
http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA
DX10Form20150615.pdf.

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4.24 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the
Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women
Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State
Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR
21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on
non-construction procurement contracts. The Contractor shall comply with the prompt payment
requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M).
Additional information is available on GOSBA’s website at:
http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

4.25 Electronic Procurements Authorized

4.25.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct
procurement transactions by electronic means, including the solicitation, proposing, award,
execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform
Electronic Transactions Act, Commercial Law Article, Title 21.
4.25.2 Participation in the solicitation process on a procurement contract for which electronic means has
been authorized shall constitute consent by the Offeror to conduct by electronic means all
elements of the procurement of that Contract which are specifically authorized under the
solicitation or Contract. In the case of electronic transactions authorized by this RFP, electronic
records and signatures by an authorized representative satisfy a requirement for written
submission and signatures.
4.25.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic,
wireless, optical, electromagnetic, or other means of electronically conducting transactions.
Electronic means includes e-mail, internet-based communications, electronic funds transfer,
specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data
interchange.
4.25.4 In addition to specific electronic transactions specifically authorized in other sections of this
solicitation (e.g., RFP § 4.23 describing payments by Electronic Funds Transfer), the following
transactions are authorized to be conducted by electronic means on the terms as authorized in
COMAR 21.03.05:
A. The Procurement Officer may conduct the procurement using eMMA, e-mail to issue:
1) The RFP;
2) Any amendments and requests for best and final offers;
3) Pre-Proposal conference documents;
4) Questions and responses;
5) Communications regarding the solicitation or Proposal to any Offeror or potential
Offeror;
6) Notices of award selection or non-selection; and
7) The Procurement Officer’s decision on any Proposal protest or Contract claim.
B. The Offeror or potential Offeror may use e-mail to:
1) Submit Proposals;
2) Ask questions regarding the solicitation;

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3) Reply to any material received from the Procurement Officer by electronic means
that includes a Procurement Officer’s request or direction to reply by e-mail or
facsimile, but only on the terms specifically approved and directed by the
Procurement Officer and;
4) Submit a "No Proposal Response" to the RFP.
C. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day
Contract administration, except as outlined in Section 4.25.5 of this subsection, utilizing e-
mail, facsimile, or other electronic means if authorized by the Procurement Officer or
Contract Monitor.
4.25.5 The following transactions related to this procurement and any Contract awarded pursuant to it
are not authorized to be conducted by electronic means:
A. Filing of protests;
B. Filing of Contract claims;
C. Submission of documents determined by the Department to require original signatures (e.g.,
Contract execution, Contract modifications); or
D. Any transaction, submission, or communication where the Procurement Officer has
specifically directed that a response from the Contractor or Offeror be provided in writing or
hard copy.
4.25.6 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail
addresses for the identified person as provided in the solicitation, the Contract, or in the direction
from the Procurement Officer or Contract Monitor.

4.26 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.27 VSBE Goal

There is no VSBE participation goal for this procurement.

4.28 Living Wage Requirements

A. Maryland law requires that contractors meeting certain conditions pay a living wage to
covered employees on State service contracts over $100,000. Maryland Code Ann., State
Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry
at the Department of Labor, Licensing and Regulation requires that a contractor subject to
the Living Wage law submit payroll records for covered employees and a signed statement
indicating that it paid a living wage to covered employees; or receive a waiver from Living
Wage reporting requirements. See COMAR 21.11.10.05.
B. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage
law requirements, including but not limited to reporting requirements in COMAR
21.11.10.05. Contractor understands that failure of Contractor to provide such documents is
a material breach of the terms and conditions and may result in Contract termination,
disqualification by the State from participating in State contracts, and other sanctions.
Information pertaining to reporting obligations may be found by going to the Maryland
Department of Labor, Licensing and Regulation (DLLR) website
http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

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C. Additional information regarding the State’s living wage requirement is contained in

Attachment F. Offerors must complete and submit the Maryland Living Wage
Requirements Affidavit of Agreement (Attachment F-1) with their Proposals. If the Offeror
fails to complete and submit the required documentation, the State may determine the
Offeror to not be responsible under State law.
D. Contractors and subcontractors subject to the Living Wage Law shall pay each covered
employee at least the minimum amount set by law for the applicable Tier area. The specific
living wage rate is determined by whether a majority of services take place in a Tier 1 Area
or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a
majority of services take place in a Tier 1 Area or Tier 2 Area of the State.
1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel
and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county
in the State not included in the Tier 1 Area. In the event that the employees who
perform the services are not located in the State, the head of the unit responsible for
a State Contract pursuant to §18-102(d) of the State Finance and Procurement
Article shall assign the tier based upon where the recipients of the services are
located. If the Contractor provides more than 50% of the services from an out-of-
State location, the State agency determines the wage tier based on where the
majority of the service recipients are located. In this circumstance, the Contract will
be determined to be a Tier (enter “1” or “2,” depending on where the majority of the
service recipients are located) Contract.
2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract
depending on the location(s) from which the Contractor provides 50% or more of the
services. The Offeror must identify in its Proposal the location(s) from which
services will be provided, including the location(s) from which 50% or more of the
Contract services will be provided.
3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1
jurisdiction(s) the Contract will be a Tier 1 Contract.
4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2
jurisdiction(s), the Contract will be a Tier 2 Contract.
E. If the Contractor provides more than 50% of the services from an out-of-State location, the
State agency determines the wage tier based on where the majority of the service recipients
are located. See COMAR 21.11.10.07.
F. The Offeror shall identify in the Proposal the location from which services will be provided.
G. NOTE: Whereas the Living Wage may change annually, the Contract price will not change
because of a Living Wage change.

4.29 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.30 Conflict of Interest Affidavit and Disclosure

4.30.1 The Offeror shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment
H) and submit it with its Proposal.

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4.30.2 By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as
certifying all Contractor Personnel and subcontractors are also without a conflict of interest as
defined in COMAR 21.05.08.08A.
4.30.3 Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are
without conflicts of interest prior to providing services under the Contract. For policies and
procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR
21.05.08.08.
4.30.4 Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md.
Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an
individual who assists an executive unit in the drafting of specifications, an invitation for bids, a
request for proposals for a procurement, or the selection or award made in response to an
invitation for bids or a request for proposals, or a person that employs the individual, may not: (1)
submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or
indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a
Proposal in violation of this provision shall be classified as “not responsible.” See COMAR
21.05.03.03.

4.31 Non-Disclosure Agreement

4.31.1 Non-Disclosure Agreement (Offeror)
A Non-Disclosure Agreement (Offeror) is not required for this procurement.
4.31.2 Non-Disclosure Agreement (Contractor)
4.31.3 All Offerors are advised that this solicitation and any Contract(s) are subject to the terms of the
Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment I. This
Agreement must be provided within five (5) Business Days of notification of recommended
award; however, to expedite processing, it is suggested that this document be completed and
submitted with the Proposal.

4.32 HIPAA - Business Associate Agreement

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

4.33 Nonvisual Access

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.

4.34 Mercury and Products That Contain Mercury

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

4.35 Location of the Performance of Services Disclosure

The Offeror is required to complete the Location of the Performance of Services Disclosure. A copy of
this Disclosure is included as Attachment L. The Disclosure must be provided with the Proposal.

4.36 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

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4.37 Small Business Reserve (SBR) Procurement

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

4.38 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors
should be aware of how this Act could affect your potential contract award with the State of Maryland.
See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working
Families Act Information: http://dllr.maryland.gov/paidleave/.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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5 Proposal Format
5.1 Two Part Submission
Offerors shall submit Proposals in separate volumes:
o Volume I –Technical Proposal
o Volume II – Financial Proposal

5.2 Proposal Delivery and Packaging

5.2.1 Offerors are encouraged to submit Proposals by e-mail to the Procurement Officer address listed
on the Key Information Summary Sheet. Any Offeror wishing to deliver a hard copy (paper)
Proposal shall contact the Procurement Officer for instructions.
5.2.2 E-mail submissions
A. All Proposal e-mails shall be sent with password protection.
B. The Procurement Officer will not accept submissions after the date and exact time stated in
the Key Information Summary Sheet. The date and time of submission is determined by the
date and time of arrival in the Procurement Officer’s e-mail box. Time stamps on outgoing
email from Contractors shall not be accepted. Requests for extension of this date or time will
not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the
Procurement Officer after the due date will not be considered.
C. Offerors are to submit two separate emails, one for the Technical Proposal and a second for
the Financial Proposal. The e-mail submission subject line for each email shall state the RFP
Title, Innovative Workforce Solution (IWS) , #F50B1600003 and either “Technical” or
“Financial.”
D. The State has established the following procedure to restrict access to Proposals received
electronically: all Proposal documents must be password protected, and the password for the
Technical Proposal must be different from the password for the Financial Proposal. Offerors
will provide these two passwords to the DoIT Procurement Officer upon request or their
Proposal will be deemed not susceptible for award. Subsequent submissions of Proposal
content will not be allowed.
E. The Procurement Officer will only contact those Offerors with Proposals that are reasonably
susceptible for award.
F. Proposals submitted via e-mail must not exceed 25 Mb. If a submission exceeds this size,
split the submission into two or more parts and include the appropriate part number in the
subject (e.g., part 1 of 2) after the subject line information below.
G. The e-mail submission subject line shall state the RFP F50B1600006 and either “Technical”
or “Financial.”
5.2.3 Two Part Submission:
A. Technical Proposal consisting of:
1) Technical Proposal and all supporting material in Microsoft Word format, version
2007 or greater,
2) Technical Proposal in searchable Adobe PDF format,

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3) a second searchable Adobe copy of the Technical Proposal, with confidential and
proprietary information redacted (see Section 4.8), and
B. Financial Proposal consisting of:
1) Financial Proposal and all supporting material in excel format,
2) Financial Proposal in searchable Adobe PDF format,
3) a second searchable Adobe copy of the Financial Proposal, with confidential and
proprietary information removed (see Section 4.8).

5.3 Volume I - Technical Proposal

NOTE: Omit all pricing information from the Technical Proposal (Volume I). Include pricing
information only in the Financial Proposal (Volume II).
5.3.1 In addition to the instructions below, responses in the Offeror’s Technical Proposal shall
reference the organization and numbering of Sections in the RFP (e.g., “Section 2.2.1 Response . .
.; “Section 2.2.2 Response . . .,”). All pages of both Proposal volumes shall be consecutively
numbered from beginning (Page 1) to end (Page “x”).
5.3.2 The Technical Proposal shall include the following documents and information in the order
specified as follows. Each section of the Technical Proposal shall be separated by a TAB as
detailed below:
A. Title Page and Table of Contents (Submit under TAB A)
The Technical Proposal should begin with a Title Page bearing the name and address of the
Offeror and the name and number of this RFP. A Table of Contents shall follow the Title Page
for the Technical Proposal, organized by section, subsection, and page number.
B. Claim of Confidentiality (If applicable, submit under TAB A-1)
Any information which is claimed to be confidential and/or proprietary information should be
identified by page and section number and placed after the Title Page and before the Table of
Contents in the Technical Proposal, and if applicable, separately in the Financial Proposal. An
explanation for each claim of confidentiality shall be included (see Section 4.8 “Public
Information Act Notice”). The entire Proposal cannot be given a blanket confidentiality
designation - any confidentiality designation must apply to specific sections, pages, or
portions of pages of the Proposal and an explanation for each claim shall be included.
C. Offeror Information Sheet and Transmittal Letter (Submit under TAB B)
The Offeror Information Sheet (see Appendix 2) and a Transmittal Letter shall accompany the
Technical Proposal. The purpose of the Transmittal Letter is to transmit the Proposal and
acknowledge the receipt of any addenda to this RFP issued before the Proposal due date and
time. Transmittal Letter should be brief, be signed by an individual who is authorized to
commit the Offeror to its Proposal and the requirements as stated in this RFP.
D. Executive Summary (Submit under TAB C)
The Offeror shall condense and highlight the contents of the Technical Proposal in a separate
section titled “Executive Summary.”
In addition, the Summary shall indicate whether the Offeror is the subsidiary of another entity,
and if so, whether all information submitted by the Offeror pertains exclusively to the Offeror.
If not, the subsidiary Offeror shall include a guarantee of performance from its parent
organization as part of its Executive Summary (see Section 4.16 “Offeror Responsibilities”).

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The Executive Summary shall also identify any exceptions the Offeror has taken to the
requirements of this RFP, the Contract (Attachment M), or any other exhibits or attachments.
Acceptance or rejection of exceptions is within the sole discretion of the State. Exceptions to
terms and conditions, including requirements, may result in having the Proposal deemed
unacceptable or classified as not reasonably susceptible of being selected for award.
E. Minimum Qualifications Documentation (If applicable, Submit under TAB D)
The Offeror shall submit any Minimum Qualifications documentation that may be required, as
set forth in RFP Section 1. If references are required in RFP Section 1, those references shall
be submitted in this section and shall contain the information described in both Section 1 and
Section 5.3.2.H.
F. Offeror Technical Response to RFP Requirements (Submit under TAB E)
Address any or all of the following current workforce issues:
1) Workforce diversity
2) Staff recruitment
3) Blended application development teams
4) Processes to identify, assess and test individuals for inclusion in an apprenticeship
program
5) Agile IT methodologies incorporated into their training and instruction curricula
6) Development of agile, adaptable and sustainable team members
7) Training, mentoring and coaching of selected team members
8) Tools and performance tracking measures for selected team members
9) Approach and model for deploying selected team members to address requirements
10) Technology platforms available to support and facilitate IT workforce teams
11) Proposals should address the following IT workforce needs:
a) Agile team creation, development and management
b) Apprenticeships and internships
c) Contingent workforce and staff augmentation
d) Consultant services
e) Reskilling employees
G. Offeror Qualifications and Capabilities (Submit under TAB G)
The Offeror shall include information on past experience with similar projects and services. .
The Offeror shall describe how its organization can meet the requirements of this RFP and
shall also include the following information:
1) The number of years the Offeror has provided the similar goods and services;
2) The number of clients/customers and geographic locations that the Offeror currently
serves;
3) The names and titles of headquarters or regional management personnel who may be
involved with supervising the services to be performed under the Contract;
4) The Offeror’s process for resolving billing errors; and

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5) An organizational chart that identifies the complete structure of the Offeror including
any parent company, headquarters, regional offices, and subsidiaries of the Offeror.
H. References (Submit under TAB H)
At least three (3) references are requested from customers who are capable of documenting the
Offeror’s ability to provide the goods and services specified in this RFP. References used to
meet any Minimum Qualifications (see RFP Section 1) may be used to meet this request. Each
reference shall be from a client for whom the Offeror has provided goods and services within
the past five (5) years and shall include the following information:
1) Name of client organization;
2) Name, title, telephone number, and e-mail address, if available, of point of contact for
client organization; and
3) Value, type, duration, and description of goods and services provided.
The Department reserves the right to request additional references or utilize references not
provided by the Offeror. Points of contact must be accessible and knowledgeable regarding
Offeror performance.
I. List of Current or Prior State Contracts (Submit under TAB I)
Provide a list of all contracts with any entity of the State of Maryland for which the Offeror is
currently performing goods and services or for which services have been completed within the
last five (5) years. For each identified contract, the Offeror is to provide:
1) The State contracting entity;
2) A brief description of the goods and services provided;
3) The dollar value of the contract;
4) The term of the contract;
5) The State employee contact person (name, title, telephone number, and, if possible, e-
mail address); and
6) Whether the contract was terminated before the end of the term specified in the original
contract, including whether any available renewal option was not exercised.
Information obtained regarding the Offeror’s level of performance on State contracts will be
used by the Procurement Officer to determine the responsibility of the Offeror and considered
as part of the experience and past performance evaluation criteria of the RFP.
J. Financial Capability (Submit under TAB J)
The Offeror must include in its Proposal a commonly-accepted method to prove its fiscal
integrity. If available, the Offeror shall include Financial Statements, preferably a Profit and
Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited
preferred).
In addition, the Offeror may supplement its response to this Section by including one or more
of the following with its response:
1) Dun & Bradstreet Rating;
2) Standard and Poor’s Rating;
3) Lines of credit;

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4) Evidence of a successful financial track record; and

5) Evidence of adequate working capital.
K. Certificate of Insurance (Submit under TAB K)
The Offeror shall provide a copy of its current certificate of insurance showing the types and
limits of insurance in effect as of the Proposal submission date. The current insurance types
and limits do not have to be the same as described in Section 3.6. See Section 3.6 for the
required insurance certificate submission for the apparent awardee.
L. Subcontractors (Submit under TAB L) (not applicable to this RFP)
M. Legal Action Summary (Submit under TAB M)
This summary shall include:
1) A statement as to whether there are any outstanding legal actions or potential claims
against the Offeror and a brief description of any action;
2) A brief description of any settled or closed legal actions or claims against the Offeror
over the past five (5) years;
3) A description of any judgments against the Offeror within the past five (5) years,
including the court, case name, complaint number, and a brief description of the final
ruling or determination; and
4) In instances where litigation is ongoing and the Offeror has been directed not to
disclose information by the court, provide the name of the judge and location of the
court.
N. Technical Proposal - Required Forms and Certifications (Submit under TAB O)
1) All forms required for the Technical Proposal are identified in Table 1 of Section 7 –
RFP Attachments and Appendices. Unless directed otherwise by instructions within an
individual form, complete, sign, and include all required forms in the Technical Proposal,
under TAB O.

5.4 Volume II – Financial Proposal

The Financial Proposal shall contain all price information in the format specified in Attachment B –
Financial Proposal RFP #F50B1600006 – Innovative Workforce Solution. The Offeror shall
complete the Financial Proposal Form only as provided in the Financial Proposal Instructions and the
Financial Proposal Form itself. Do not amend, alter, or leave blank any items on the Financial Proposal
Form or include additional clarifying or contingent language on or attached to the Financial Proposal
Form. Failure to adhere to any of these instructions may result in the Proposal being determined to be
not reasonably susceptible of being selected for award and rejected by the Department.

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6 Evaluation and Selection Process

6.1 Evaluation Committee
Evaluation of Proposals will be performed in accordance with COMAR 21.05.03 by a committee
established for that purpose and based on the evaluation criteria set forth below. The Evaluation
Committee will review Proposals, participate in Offeror oral presentations and discussions, and provide
input to the Procurement Officer. The Department reserves the right to utilize the services of individuals
outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.
During the evaluation process, the Procurement Officer may determine at any time that a particular
Offeror is not susceptible for award.

6.2 Technical Proposal Evaluation Criteria

The criteria to be used to evaluate each Technical Proposal are listed below in descending order of
importance. Unless stated otherwise, any sub-criteria within each criterion have equal weight.
6.2.1 Offeror’s Technical Response to Requirements (See RFP § 5.3.2.F)
The State prefers the Offeror’s Technical Proposal to illustrate a comprehensive understanding of work
requirements and mastery of the subject matter, including an explanation of how the work will be
performed. Proposals which include limited responses to work requirements such as “concur” or “will
comply” will receive a lower ranking than those Proposals that demonstrate an understanding of the
work requirements and include plans to meet or exceed them.
6.2.2 Offeror Qualifications and Capabilities (See RFP § 5.3.2.G)

6.3 Financial Proposal Evaluation Criteria

All Qualified Offerors (see Section 6.5.2.D) will be ranked from the lowest (most advantageous) to the
highest (least advantageous) price based on the Total Proposal Price within the stated guidelines set
forth in this RFP and as submitted on Attachment B – Financial Proposal RFP #F50B1600006 –
Innovative Workforce Solution.

6.4 Reciprocal Preference

6.4.1 Although Maryland law does not authorize procuring agencies to favor resident Offerors in
awarding procurement contracts, many other states do grant their resident businesses preferences
over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a
reciprocal preference under the following conditions:
A. The Maryland resident business is a responsible Offeror;
B. The most advantageous Proposal is from a responsible Offeror whose principal office, or
principal base of operations is in another state;
C. The other state gives a preference to its resident businesses through law, policy, or practice;
and
D. The preference does not conflict with a federal law or grant affecting the procurement
Contract.
6.4.2 The preference given shall be identical to the preference that the other state, through law, policy,
or practice gives to its resident businesses.

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6.5 Selection Procedures

6.5.1 General
A. The Contract will be awarded in accordance with the Master Contracting method found at
COMAR 21.05.13. This method allows for the conducting of discussions and the revision of
Proposals during these discussions. Therefore, the State may conduct discussions with all
Offerors that have submitted Proposals that are determined to be reasonably susceptible of
being selected for contract award or potentially so. However, the State reserves the right to
make an award without holding discussions.
B. With or without discussions, the State may determine the Offeror to be not responsible or the
Offeror’s Proposal to be not reasonably susceptible of being selected for award at any time
after the initial closing date for receipt of Proposals and prior to Contract award.
6.5.2 Selection Process Sequence
A. A determination is made that the MDOT Certified MBE Utilization and Fair Solicitation
Affidavit (Attachment D-1A) is included and is properly completed, if there is a MBE goal.
In addition, a determination is made that the VSBE Utilization Affidavit and subcontractor
Participation Schedule (Attachment E-1) is included and is properly completed, if there is a
VSBE goal.
B. Technical Proposals are evaluated for technical merit and ranked. During this review, oral
presentations and discussions may be held. The purpose of such discussions will be to assure
a full understanding of the State’s requirements and the Offeror’s ability to perform the
services, as well as to facilitate arrival at a Contract that is most advantageous to the State.
Offerors will be contacted by the State as soon as any discussions are scheduled.
C. Offerors must confirm in writing any substantive oral clarifications of, or changes in, their
Technical Proposals made in the course of discussions. Any such written clarifications or
changes then become part of the Offeror’s Technical Proposal. Technical Proposals are
given a final review and ranked.
D. The Financial Proposal of each Qualified Offeror (a responsible Offeror determined to have
submitted an acceptable Proposal) will be evaluated and ranked separately from the
Technical evaluation. After a review of the Financial Proposals of Qualified Offerors, the
Evaluation Committee or Procurement Officer may again conduct discussions to further
evaluate the Offeror’s entire Proposal.
E. When in the best interest of the State, the Procurement Officer may permit Qualified
Offerors to revise their initial Proposals and submit, in writing, Best and Final Offers
(BAFOs). The State may make an award without issuing a request for a BAFO.
6.5.3 Award Determination
Upon completion of all discussions and negotiations, the Procurement Officer will recommend
award of a Contract to all technically qualified Offeror(s).

6.6 Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall
complete and furnish the documents and attestations as directed in Section 7 – RFP Attachments and
Appendices.

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7 RFP ATTACHMENTS AND APPENDICES

Instructions Page
A Proposal submitted by the Offeror must be accompanied by the completed forms and/or affidavits
identified as “with Proposal” in the “When to Submit” column in the table below. All forms and
affidavits applicable to this RFP, including any applicable instructions and/or terms, are identified in the
“Applies” and “Label” columns.
All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful
Offeror will be required to complete certain forms and affidavits after notification of recommended
award. The list of forms and affidavits that must be provided is described in below in the “When to
Submit” column.
Table 1: RFP ATTACHMENTS AND APPENDICES
Applies?

Label

When to Submit Attachment Name

Y Before Proposal A Pre-Proposal Conference Response Form
Y With Proposal B Attachment B – Financial Proposal RFP #F50B1600006
– Innovative Workforce Solution.xls
Y With Proposal C Bid/Proposal Affidavit (see link at
http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/04/AttachmentC-
Bid_Proposal-Affidavit.pdf)
N With Proposal D MBE Forms D-1A

N 10 Business Days after D MBE Forms D-1B, D-1C,D-2, D-3A, D-3B

recommended award
N As directed in forms D MBE Forms D-4A, D-4B, D-5
N With Proposal E Veteran-Owned Small Business Enterprise (VSBE)
Form E-1A
N 5 Business Days after E VSBE Forms E-1B, E-2, E-3
recommended award
Y With Proposal F Maryland Living Wage Requirements for Service
Contracts and Affidavit of Agreement (see link at
http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/04/AttachmentF-
LivingWageAffidavit.pdf)
N With Proposal G Federal Funds Attachments
Y With Proposal H Conflict of Interest Affidavit and Disclosure (see link at
http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/05/AttachmentH-Conflict-
of-InterestAffidavit.pdf)

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Applies?

Label
When to Submit Attachment Name
Y 5 Business Days after I Non-Disclosure Agreement (Contractor) (see link at
recommended award – http://procurement.maryland.gov/wp-
However, suggested content/uploads/sites/12/2018/04/Attachment-I-Non-
with Proposal DisclosureAgreementContractor.pdf)
N 5 Business Days after J HIPAA Business Associate Agreement
recommended award –
However, suggested
with Proposal
N With Proposal K Mercury Affidavit
Y With Proposal L Location of the Performance of Services Disclosure (see
link at http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/04/Attachment-L-
PerformanceofServicesDisclosure.pdf)
Y 5 Business Days after M Sample Contract (included in this RFP)
recommended award
Y 5 Business Days after N Contract Affidavit (see link at
recommended award http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/04/Attachment-N-
ContractAffidavit.pdf)
N 5 Business Days after O DHS Hiring Agreement
recommended award
Appendices
Applies?

Label

When to Submit Attachment Name

Y n/a 1 Abbreviations and Definitions (included in this RFP)
Y With Proposal 2 Offeror Information Sheet (see link at
http://procurement.maryland.gov/wp-
content/uploads/sites/12/2018/04/Appendix2-
Bidder_OfferorInformationSheet.pdf)
Additional Submissions
Applies?

Label

When to Submit Document Name

Y 5 Business Days after Evidence of meeting insurance requirements (see
recommended award Section 3.6); 1 copy

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Attachment A. Pre-Proposal Conference Response Form

Solicitation Number F50B1600006
Innovative Workforce Solution (IWS)
A Pre-Proposal conference will be held on December 3, 2020, via Google Meet.
Please return this form by November 25, 2020, advising whether or not your firm plans to attend. The
completed form should be returned via e-mail or fax to the Procurement Officer at the contact information
below:
Dapheny McCray
Department of General Services, Office of State Procurement
E-mail: [email protected]
Please indicate:
Yes, the following representatives will be in attendance.
Attendees (Check the RFP for limits to the number of attendees allowed):
1.
2.
3.
No, we will not be in attendance.

Please specify whether any reasonable accommodations are requested (see RFP § 4.1“Pre-Proposal
conference”):

Offeror:
Offeror Name (please print or type)

By:
Signature/Seal

Printed Name:
Printed Name

Title:
Title

Date:
Date

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Attachment B. Financial Proposal Form

See separate Excel Financial Proposal Form labeled Attachment B – Financial Proposal RFP
#F50B1600006 – Innovative Workforce Solution.xls.

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Attachment C. Proposal Affidavit

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-
Bid_Proposal-Affidavit.pdf.

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Attachment D. Minority Business Enterprise (MBE) Forms

This solicitation does not include a Minority Business Enterprise (MBE) subcontractor participation goal.

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

This solicitation does not include a Veteran-Owned Small Business Enterprise goal.

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Attachment F. Maryland Living Wage Affidavit of Agreement for

Service Contracts
See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF-
LivingWageAffidavit.pdf to complete the Affidavit.

A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and
Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and
Industry (Commissioner). The Living Wage generally applies to a Contractor or subcontractor
who performs work on a State contract for services that is valued at $100,000 or more. An
employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the
duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at
least one-half of the employee’s time during any work week on the State Contract.
B. The Living Wage Law does not apply to:
(1) A Contractor who:
(a) Has a State contract for services valued at less than $100,000, or
(b) Employs 10 or fewer employees and has a State contract for services valued at less
than $500,000.
(2) A subcontractor who:
(a) Performs work on a State contract for services valued at less than $100,000,
(b) Employs 10 or fewer employees and performs work on a State contract for services
valued at less than $500,000, or
(c) Performs work for a Contractor not covered by the Living Wage Law as defined in
B(1)(b) above, or B (3) or C below.
(3) Service contracts for the following:
(a) Services with a Public Service Company;
(b) Services with a nonprofit organization;
(c) Services with an officer or other entity that is in the Executive Branch of the State
government and is authorized by law to enter into a procurement (“Unit”); or
(d) Services between a Unit and a County or Baltimore City.
C. If the Unit responsible for the State contract for services determines that application of the Living
Wage would conflict with any applicable Federal program, the Living Wage does not apply to the
contract or program.
D. A Contractor must not split or subdivide a State contract for services, pay an employee through a
third party, or treat an employee as an independent Contractor or assign work to employees to
avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement
Article, Title 18.
E. Each Contractor/subcontractor, subject to the Living Wage Law, shall post in a prominent and
easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates,
employee rights under the law, and the name, address, and telephone number of the Commissioner.

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F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any,
in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan
area, or any successor index, for the previous calendar year, not later than 90 days after the start
of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the
Division of Labor and Industry’s website. An employer subject to the Living Wage Law must
comply with the rate requirements during the initial term of the contract and all subsequent renewal
periods, including any increases in the wage rate, required by the Commissioner, automatically
upon the effective date of the revised wage rate.
G. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s
share of the health insurance premium, as provided in Md. Code Ann., State Finance and
Procurement Article, §18-103(c), shall not lower an employee’s wage rate below the minimum
wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A
Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s
share of health insurance premium shall comply with any record reporting requirements
established by the Commissioner.
H. A Contractor/subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance
and Procurement Article, §18-103(a), by no more than 50 cents of the hourly cost of the
employer’s contribution to an employee’s deferred compensation plan. A
Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s
contribution to an employee’s deferred compensation plan shall not lower the employee’s wage
rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413.
I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner
determines that the Contractor/subcontractor violated a provision of this title or regulations of the
Commissioner, the Contractor/subcontractor shall pay restitution to each affected employee, and
the State may assess liquidated damages of $20 per day for each employee paid less than the
Living Wage.
J. Information pertaining to reporting obligations may be found by going to the Division of Labor
and Industry website http://www.dllr.state.md.us/labor/prev/livingwage.shmtl and clicking on
Living Wage for State Service Contracts.

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Attachment G. Federal Funds Attachments

This solicitation does not include a Federal Funds Attachment.

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Attachment H. Conflict of Interest Affidavit and Disclosure

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentH-

ConflictofInterestAffidavit.pdf.

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Attachment I. Non-Disclosure Agreement (Contractor)

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-I-Non-
DisclosureAgreementContractor.pdf.

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Attachment J. HIPAA Business Associate Agreement

This solicitation does not require a HIPAA Business Associate Agreement.

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Attachment K. Mercury Affidavit

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

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Attachment L. Location of the Performance of Services Disclosure

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-L-
PerformanceofServicesDisclosure.pdf.

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Attachment M. Contract
Department of Information Technology (DoIT)
Innovative Workforce Solution
F50B1600006
THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 20___ by and between
________________ (the “Contractor”) and the STATE OF MARYLAND, acting through the
MARYLAND DEPARTMENT OF INFORMATION TECHNOLOGY (“DoIT” or the “Department”).
In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of
which are hereby acknowledged by the parties, the parties agree as follows:
1. Definitions
In this Contract, the following words have the meanings indicated:
1.1 “COMAR” means Code of Maryland Regulations.
1.2 “Contractor” means the entity first named above whose principal business address is (Contractor’s
primary address) and whose principal office in Maryland is (Contractor’s local address), whose
Federal Employer Identification Number or Social Security Number is (Contractor’s FEIN), and
whose eMaryland Marketplace Advantage vendor ID number is (eMMA Number).
1.3 “Financial Proposal” means the Contractor’s [pick one: Financial Proposal or Best and Final Offer
(BAFO)] dated _________(Financial Proposal date or BAFO date).
1.4 Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR
21.01.02.01B (54) which is certified by the Maryland Department of Transportation under COMAR
21.11.03.
1.5 “RFP” means the Request for Proposals for Innovative Workforce Solution, Solicitation
#F50B1600006, and any amendments, addenda, and attachments thereto issued in writing by the
State.
1.6 “State” means the State of Maryland.
1.7 “Technical Proposal” means the Contractor’s Technical Proposal dated. ____________ (Technical
Proposal date), as modified and supplemented by the Contractor’s responses to requests
clarifications and requests for cure, and by any Best and Final Offer.
1.8 “Veteran-owned Small Business Enterprise” (VSBE) means A business that is verified by the
Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs
as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.
1.9 Capitalized terms not defined herein shall be ascribed the meaning given to them in the RFP.
2. Scope of Contract
2.1 The Contractor shall perform in accordance with this Contract and Exhibits A-D, which are listed
below and incorporated herein by reference. If there is any conflict between this Contract and the
Exhibits, the terms of the Contract shall control. If there is any conflict among the Exhibits, the
following order of precedence shall determine the prevailing provision:
Exhibit A – The RFP
Exhibit B – The Contract Affidavit, executed by the Contractor and dated (date of
Attachment C)

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Exhibit C – The Technical Proposal

Exhibit D – The Financial Proposal
2.2 The Procurement Officer may, at any time, by written order, make unilateral changes in the work
within the general scope of the Contract. No other order, statement, or conduct of the Procurement
Officer or any other person shall be treated as a change or entitle the Contractor to an equitable
adjustment under this section. Except as otherwise provided in this Contract, if any change under
this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the
performance of any part of the work, whether or not changed by the order, an equitable adjustment
in the Contract price shall be made and the Contract modified in writing accordingly. The
Contractor must assert in writing its right to an adjustment under this section within thirty (30) days
of receipt of written change order and shall include a written statement setting forth the nature and
cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under
this Contract. Failure to agree to an adjustment under this section shall be a dispute under the
Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the
Contract as changed.
2.3 Without limiting the rights of the Procurement Officer under Section 2.2 above, the Contract may
be modified by mutual agreement of the parties, provided: (a) the modification is made in writing;
(b) all parties sign the modification; and (c) all approvals by the required agencies as described in
COMAR Title 21, are obtained.
3. Period of Performance
3.1 The term of this Contract begins on the date the Contract is signed by the Department following
any required prior approvals, including approval by the Board of Public Works, if such approval is
required (the “Effective Date”) and shall continue until ______________ (“Initial Term”).
3.2 In its sole discretion, the Department shall have the unilateral right to extend the Contract for two
successive one year renewal options (each a “Renewal Term”) at the prices established in the
Contract. “Term” means the Initial Term and any Renewal Term(s).
3.3. The Contractor’s performance under the Contract shall commence as of the date provided in a
written NTP.
3.4 The Contractor’s obligation to pay invoices to subcontractors providing products/services in
connection with this Contract, as well as the audit; confidentiality; document retention; patents,
copyrights & intellectual property; warranty; indemnification obligations; and limitations of
liability under this Contract; and any other obligations specifically identified, shall survive
expiration or termination of the Contract.
4. Consideration and Payment
4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the
Department shall pay the Contractor in accordance with the terms of this Contract and at the prices
quoted in the Financial Proposal. Work Orders other than on a fixed price basis will include a not
to exceed (“NTE”) amount ceiling for payments. Any work performed by the Contractor in excess
of the NTE ceiling amount of any Work Order without the prior written approval of the Contract
Manager is at the Contractor’s risk of non-payment. Payments under fixed price Work Orders are
limited to the price specified in the Work Order, regardless of the actual cost to the Contractor..
The Contractor must notify the Contract Manager, in writing, at least 60 days before payment
obligations are expected to reach the Work Order NTE Amount. The Contractor is under no
obligation to perform the labor hour requirements under this Contract after payments reach the WO
Agreement NTE Amount. The cessation of the Contractor’s obligation to perform under this
paragraph is expressly conditioned on the following: that prior to the Work Order NTE Amount

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being reached, the Contractor must: (i) give the notice required under this paragraph; (ii) promptly
consult and cooperate in good faith with the issuing agency to establish a plan of action to assure
that every reasonable effort has been undertaken by the Contractor to complete critical work in
progress prior to the date the Work Order NTE Amount will be reached; and (iii) secure databases,
systems, platforms and/or applications on which the Contractor is working so that no damage or
vulnerabilities to any of the same will exist due to any such unfinished work. Any work performed
by the Contractor in excess of a Work Order NTE amount without the prior written approval of the
Contract Manager is at the Contractor’s risk of non-payment.

4.2 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments
to the Contractor pursuant to this Contract shall be made no later than 30 days after the receipt of a
proper invoice from the Contractor as required by RFP section 3.2.
The Contractor may be eligible to receive late payment interest at the rate of 9% per
annum if:
(1) The Contractor submits an invoice for the late payment interest within thirty
days after the date of the State’s payment of the amount on which the interest
accrued; and
(2) A contract claim has not been filed under State Finance and Procurement
Article, Title 15, Subtitle 2, Annotated Code of Maryland.
The State is not liable for interest:
(1) Accruing more than one year after the 31st day after the agency receives the
proper invoice; or
(2) On any amount representing unpaid interest. Charges for late payment of
invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State
Finance and Procurement Article, Annotated Code of Maryland, or by the
Public Service Commission of Maryland with respect to regulated public
utilities, as applicable.
Final payment under this Contract will not be made until after certification is received
from the Comptroller of the State that all taxes have been paid.
Electronic funds transfer shall be used by the State to pay Contractor pursuant to this
Contract and any other State payments due Contractor unless the State
Comptroller’s Office grants Contractor an exemption.
4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the
Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse
or limit approval of any invoice for payment, and may cause payments to the Contractor to be
reduced or withheld until such time as the Contractor meets performance standards as established
by the Procurement Officer.
4.4 Payment of an invoice by the State is not evidence that services were rendered as required under
this Contract.
5. Rights to Records
5.1 The Contractor agrees that all documents and materials including, but not limited to, software,
reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics,
mechanical, artwork, computations, and data prepared by the Contractor for purposes of this
Contract shall be the sole property of the State and shall be available to the State at any time. The

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State shall have the right to use the same without restriction and without compensation to the
Contractor other than that specifically provided by this Contract.
5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created
as a Deliverable under this Contract (as defined in Section 7.2), and services performed under this
Contract shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the
extent that any products created as a Deliverable under this Contract are not works made for hire
for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights,
title, and interest (including all intellectual property rights) to all such products created under this
Contract, and will cooperate reasonably with the State in effectuating and registering any necessary
assignments.
5.3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or
claim of copyright infringement received by the Contractor with respect to all data delivered under
this Contract.
5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other
materials provided to the State hereunder and if such markings are affixed, the State shall have the
right at any time to modify, remove, obliterate, or ignore such warnings.
5.5 Upon termination or expiration of the Contract, the Contractor, at its own expense, shall deliver any
equipment, software or other property provided by the State to the place designated by the
Procurement Officer.
6. Exclusive Use
6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, information,
documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that
may be created or generated by the Contractor in connection with this Contract. If any material,
including software, is capable of being copyrighted, the State shall be the copyright owner and
Contractor may copyright material connected with this project only with the express written
approval of the State.
6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease,
assign, give, or otherwise transfer to any third party any other information or material provided to
Contractor by the Department or developed by Contractor relating to the Contract, except as
provided for in Section 8. Confidential or Proprietary Information and Documentation.
7. Patents, Copyrights, and Intellectual Property
7.1. All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing
prior to the Effective Date of this Contract shall belong to the party that owned such rights
immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If any design, device,
material, process, or other item provided by Contractor is covered by a patent or copyright or which
is proprietary to or a trade secret of another, the Contractor shall obtain the necessary permission
or license to permit the State to use such item or items pursuant to its rights granted under the
Contract.
7.2 Except for (1) information created or otherwise owned by the State or licensed by the State from
third parties, including all information provided by the State to Contractor; (2) materials created by
Contractor or its subcontractor(s) specifically for the State under the Contract (“Deliverables”),
except for any Contractor Pre-Existing Intellectual Property included therein; and (3) the license
rights granted to the State, all right, title, and interest in the intellectual property embodied in the
solution, including the know-how and methods by which the solution is provided and the processes
that make up the solution, will belong solely and exclusively to Contractor and its licensors, and
the Department will have no rights to the same except as expressly granted in this Contract. Any

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SaaS Software developed by Contractor during the performance of the Contract will belong solely
and exclusively to Contractor and its licensors. For all Software provided by the Contractor under
the Contract, Contractor hereby grants to the State a nonexclusive, irrevocable, unlimited, perpetual,
non-cancelable, and non-terminable right to use and make copies of the Software and any
modifications to the Software. For all Contractor Pre-Existing Intellectual Property embedded in
any Deliverables, Contractor grants to the State a license to use such Contractor Pre-Existing
Intellectual Property in connection with its permitted use of such Deliverable. During the period
between delivery of a Deliverable by Contractor and the date of payment therefor by the State in
accordance with this Contract (including throughout the duration of any payment dispute
discussions), subject to the terms and conditions contained herein, Contractor grants the State a
royalty-free, non-exclusive, limited license to use such Deliverable and to use any Contractor
Materials contained therein in accordance with this Contract.
7.3. Subject to the terms of Section 10, Contractor shall defend, indemnify and hold harmless the State
and its agents and employees, from and against any and all claims, costs, losses, damages, liabilities,
judgments and expenses (including without limitation reasonable attorneys’ fees) arising out of or
in connection with any third party claim that the Contractor-provided products/services infringe,
misappropriate or otherwise violate any third party intellectual property rights. Contractor shall not
enter into any settlement involving third party claims that contains any admission of or stipulation
to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or
interests, without the State’s prior written consent.
7.4 Without limiting Contractor’s obligations under Section 5.3, if an infringement claim occurs, or if
the State or the Contractor believes such a claim is likely to occur, Contractor (after consultation
with the State and at no cost to the State): (a) shall procure for the State the right to continue using
the allegedly infringing component or service in accordance with its rights under this Contract; or
(b) replace or modify the allegedly infringing component or service so that it becomes non-
infringing and remains compliant with all applicable specifications.
7.5 Except as otherwise provided herein, Contractor shall not acquire any right, title or interest
(including any intellectual property rights subsisting therein) in or to any goods, Software, technical
information, specifications, drawings, records, documentation, data or any other materials
(including any derivative works thereof) provided by the State to the Contractor. Notwithstanding
anything to the contrary herein, the State may, in its sole and absolute discretion, grant the
Contractor a license to such materials, subject to the terms of a separate writing executed by the
Contractor and an authorized representative of the State as well as all required State approvals.
7.6 Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors
shall use any Software or technology in a manner that will cause any patents, copyrights or other
intellectual property which are owned or controlled by the State or any of its affiliates (or for which
the State or any of its subcontractors has received license rights) to become subject to any
encumbrance or terms and conditions of any third party or open source license (including, without
limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical)
(each an “Open Source License”). These restrictions, limitations, exclusions and conditions shall
apply even if the State or any of its subcontractors becomes aware of or fails to act in a manner to
address any violation or failure to comply therewith. No act by the State or any of its subcontractors
that is undertaken under this Contract as to any Software or technology shall be construed as
intending to cause any patents, copyrights or other intellectual property that are owned or controlled
by the State (or for which the State has received license rights) to become subject to any
encumbrance or terms and conditions of any open source license.

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7.7 The Contractor shall report to the State, promptly and in written detail, each notice or claim of
copyright infringement received by the Contractor with respect to all Deliverables delivered under
this Contract.
7.8 The Contractor shall not affix (or permit any third party to affix), without the Department’s consent,
any restrictive markings upon any Deliverables that are owned by the State, and if such markings
are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore
such warnings.
8. Confidential or Proprietary Information and Documentation
8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without
limitation, HIPAA, the HI-TECH Act, and the Maryland Medical Records Act and regulations
promulgated pursuant thereto, all confidential or proprietary information and documentation
relating to either party (including without limitation, any information or data stored within the
Contractor’s computer systems or cloud infrastructure, if applicable) shall be held in confidence by
the other party. Each party shall, however, be permitted to disclose, as provided by and consistent
with applicable law, relevant confidential information to its officers, agents, and Contractor
Personnel to the extent that such disclosure is necessary for the performance of their duties under
this Contract. Each officer, agent, and Contractor Personnel to whom any of the State’s confidential
information is to be disclosed shall be advised by Contractor provided that each officer, agent, and
Contractor Personnel to whom any of the State’s confidential information is to be disclosed shall
be advised by Contractor of the obligations hereunder, and bound by, confidentiality at least as
restrictive as those of set forth in this Contract..
8.2 The provisions of this section shall not apply to information that: (a) is lawfully in the public
domain; (b) has been independently developed by the other party without violation of this Contract;
(c) was already rightfully in the possession of such party; (d) was supplied to such party by a third
party lawfully in possession thereof and legally permitted to further disclose the information; or (e)
which such party is required to disclose by law.
9. Loss of Data
9.1 In the event of loss of any State data or records where such loss is due to the act or omission of the
Contractor or any of its subcontractors or agents, the Contractor shall be responsible for restoring
or recreating, as applicable, such lost data in the manner and on the schedule set by the Contract
Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor.
At no time shall any Contractor actions (or any failures to act when Contractor has a duty to act)
damage or create any vulnerabilities in data bases, systems, platforms, and applications with which
the Contractor is working hereunder.
9.2 In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss
of non-public data as directed in RFP Section 3.7.
9.3 Protection of data and personal privacy (as further described and defined in RFP Section 3.8) shall
be an integral part of the business activities of the Contractor to ensure there is no inappropriate or
unauthorized use of State information at any time. To this end, the Contractor shall safeguard the
confidentiality, integrity and availability of State information and comply with the conditions
identified in RFP Section 3.7.
10. Indemnification and Notification of Legal Requests
10.1. At its sole cost and expense, Contractor shall (i) indemnify and hold the State, its employees and
agents harmless from and against any and all claims, demands, actions, suits, damages, liabilities,
losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and
costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s,

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or any of its subcontractors’, performance of this Contract and (ii) cooperate, assist, and consult
with the State in the defense or investigation of any such claim, demand, action or suit. Contractor
shall not enter into any settlement involving third party claims that contains any admission of or
stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s
rights or interests, without the State’s prior written consent.
10.2. The State has no obligation: (i) to provide legal counsel or defense to the Contractor or its
subcontractors in the event that a suit, claim or action of any character is brought against the
Contractor or its subcontractors as a result of or relating to the Contractor’s obligations or
performance under this Contract, or (ii) to pay any judgment or settlement of any such suit, claim
or action. Notwithstanding the foregoing, the Contractor shall promptly notify the Procurement
Officer of any such claims, demands, actions, or suits.
10.3. Notification of Legal Requests. In the event the Contractor receives a subpoena or other validly
issued administrative or judicial process, or any discovery request in connection with any litigation,
requesting State Pre-Existing Intellectual Property, of other information considered to be the
property of the State, including but not limited to State data stored with or otherwise accessible by
the Contractor, the Contractor shall not respond to such subpoena, process or other legal request
without first notifying the State, unless prohibited by law from providing such notice The
Contractor shall promptly notify the State of such receipt providing the State with a reasonable
opportunity to intervene in the proceeding before the time that Contractor is required to comply
with such subpoena, other process or discovery request. .
11. Non-Hiring of Employees
No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, §
5-101, whose duties as such official or employee include matters relating to or affecting the subject
matter of this Contract, shall, during the pendency and term of this Contract and while serving as an
official or employee of the State, become or be an employee of the Contractor or any entity that is a
subcontractor on this Contract.
12. Disputes
This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement
Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending
resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in
accordance with the Procurement Officer’s decision. Unless a lesser period is provided by
applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with
the Procurement Officer within thirty (30) days after the basis for the claim is known or should have
been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of
a notice of claim, but no later than the date of final payment under the Contract, the Contractor must
submit to the Procurement Officer its written claim containing the information specified in COMAR
21.10.04.02.
13. Maryland Law Prevails
13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State of
Maryland.
13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title
22 of the Annotated Code of Maryland) does not apply to this Contract or any purchase order, task
order, or Notice to Proceed issued thereunder, or any software, or any software license acquired
hereunder.
13.3 Any and all references to the Maryland Code, annotated and contained in this Contract shall be
construed to refer to such Code sections as are from time to time amended.

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14. Nondiscrimination in Employment

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, color, religion, creed, age, sex, sexual orientation, gender
identification, marital status, national origin, ancestry, genetic information, or any otherwise
unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in
nature and extent so as to reasonably preclude the performance of the employment, or the
individual’s refusal to submit to a genetic test or make available the results of a genetic test; (b) to
include a provision similar to that contained in subsection (a), above, in any underlying subcontract
except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause
subcontractors to post in conspicuous places available to employees and applicants for employment,
notices setting forth the substance of this clause.
15. Contingent Fee Prohibition
The Contractor warrants that it has not employed or retained any person, partnership, corporation, or
other entity, other than a bona fide employee or agent working for the Contractor to solicit or secure
the Contract, and that the Contractor has not paid or agreed to pay any person, partnership,
corporation, or other entity, other than a bona fide employee or agent, any fee or any other
consideration contingent on the making of this Contract.
16. Non-Availability of Funding
If the General Assembly fails to appropriate funds or if funds are not otherwise made available for
continued performance for any fiscal period of this Contract succeeding the first fiscal period, this
Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were
not appropriated or otherwise made available; provided, however, that this will not affect either the
State’s or the Contractor’s rights under any termination clause in this Contract. The effect of
termination of the Contract hereunder will be to discharge both the Contractor and the State from
future performance of the Contract, but not from their rights and obligations existing at the time of
termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs
incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon
as it has knowledge that funds may not be available for the continuation of this Contract for each
succeeding fiscal period beyond the first.
17. Termination for Default
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise
violates any provision of the Contract, the State may terminate the Contract by written notice to the
Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All
finished or unfinished work provided by the Contractor shall, at the State’s option, become the
State’s property. The State shall pay the Contractor fair and equitable compensation for satisfactory
performance prior to receipt of notice of termination, less the amount of damages caused by the
Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the
Contractor will remain liable after termination and the State can affirmatively collect damages.
Termination hereunder, including the termination of the rights and obligations of the parties, shall be
governed by the provisions of COMAR 21.07.01.11B.
18. Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with this
clause in whole, or from time to time in part, whenever the State shall determine that such
termination is in the best interest of the State. The State will pay all reasonable costs associated with
this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs
associated with termination of the Contract. However, the Contractor shall not be reimbursed for

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any anticipatory profits that have not been earned up to the date of termination. Termination
hereunder, including the determination of the rights and obligations of the parties, shall be governed
by the provisions of COMAR 21.07.01.12A (2).
19. Delays and Extensions of Time
19.1 The Contractor agrees to prosecute the work continuously and diligently and no charges or claims
for damages shall be made by it for any delays or hindrances from any cause whatsoever during the
progress of any portion of the work specified in this Contract.
19.2 Time extensions will be granted only for excusable delays that arise from unforeseeable causes
beyond the control and without the fault or negligence of the Contractor, including but not restricted
to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual
capacity, acts of another Contractor in the performance of a contract with the State, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or
suppliers arising from unforeseeable causes beyond the control and without the fault or negligence
of either the Contractor or the subcontractors or suppliers.
20. Suspension of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any
part of its performance for such period of time as the Procurement Officer may determine to be
appropriate for the convenience of the State.
21. Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article,
Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland
Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this
Contract.
22. Financial Disclosure
The Contractor shall comply with the provisions of Section13-221 of the State Finance and
Procurement Article of the Annotated Code of Maryland, which requires that every business that
enters into contracts, leases, or other agreements with the State or its agencies during a calendar year
under which the business is to receive in the aggregate, $100,000 or more, shall within 30 days of
the time when the aggregate value of these contracts, leases or other agreements reaches $100,000,
file with the Secretary of State of Maryland certain specified information to include disclosure of
beneficial ownership of the business.
23. Political Contribution Disclosure
The Contractor shall comply with Election Law Article, Title 14, Annotated Code of Maryland,
which requires that every person that enters into a procurement contract with the State, a county, or
a municipal corporation, or other political subdivision of the State, during a calendar year in which
the person receives a contract with a governmental entity in the amount of $200,000 or more, shall
file with the State Board of Elections statements disclosing: (a) any contributions made during the
reporting period to a candidate for elective office in any primary or general election; and (b) the
name of each candidate to whom one or more contributions in a cumulative amount of $500 or more
were made during the reporting period. The statement shall be filed with the State Board of
Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other
political subdivision of the State, and shall cover the 24 months prior to when a contract was
awarded; and (b) if the contribution is made after the execution of a contract, then twice a year,
throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending
April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional

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information is available on the State Board of Elections website:

http://www.elections.state.md.us/campaign_finance/index.html.
24. Retention of Records
The Contractor and subcontractors shall retain and maintain all records and documents in any way
relating to this Contract for (i) three (3) years after final payment by the State hereunder, or (ii) any
applicable federal or State retention requirements (such as HIPAA) or condition of award, ,
whichever is longer, and shall make them available for inspection and audit by authorized
representatives of the State, as designated by the Procurement Officer, at all reasonable times. The
Contractor shall provide copies of all documents requested by the State, including, but not limited to
itemized billing documentation containing the dates, hours spent and work performed by the
Contractor and its subcontractors under the Contract. All records related in any way to the Contract
are to be retained for the entire time provided under this section.
25. Right to Audit
25.1 The State reserves the right, at its sole discretion and at any time, to perform an audit of the
Contractor’s performance under this Contract. An audit is defined as a planned and documented
independent activity performed by qualified personnel, including but not limited to State and federal
auditors, to determine by investigation, examination, or evaluation of objective evidence from data,
statements, records, operations and performance practices (financial or otherwise) the Contractor’s
compliance with the Contract, including but not limited to adequacy and compliance with
established procedures and internal controls over the services performed pursuant to the Contract.
25.2 Upon three (3) Business Days’ notice, the State shall be provided reasonable access to Contractor’s
records to perform any such audits. The State may conduct these audits with any or all of its own
internal resources or by securing the services of a third party accounting or audit firm, solely at the
State’s election. The State may copy any record related to the services performed pursuant to the
Contract. The Contractor agrees to fully cooperate and assist in any audit conducted by or on behalf
of the State, including, by way of example only, making records and employees available as, where,
and to the extent requested by the State and by assisting the auditors in reconciling any audit
variances. Contractor shall not be compensated for providing any such cooperation and assistance.
25.3 The right to audit shall include any of the Contractor’s subcontractors including but not limited to
any lower tier subcontractor(s). The Contractor shall ensure the State has the right to audit such
subcontractor(s).
26. Compliance with Laws
The Contractor hereby represents and warrants that:
a. It is qualified to do business in the State and that it will take such action as, from time to time
hereafter, may be necessary to remain so qualified;
b. It is not in arrears with respect to the payment of any monies due and owing the State, or any
department or unit thereof, including but not limited to the payment of taxes and employee
benefits, and that it shall not become so in arrears during the Term;
c. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its
activities and obligations under this Contract; and
d. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any,
necessary to the performance of its obligations under this Contract.
27. Cost and Price Certification

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27.1 The Contractor, by submitting cost or price information certifies that, to the best of its knowledge,
the information submitted is accurate, complete, and current as of the date of its Proposal.
27.2 The price under this Contract and any change order or modification hereunder, including profit or
fee, shall be adjusted to exclude any significant price increases occurring because the Contractor
furnished cost or price information which, as of the date of its Proposal, was inaccurate, incomplete,
or not current.
28. Subcontracting; Assignment
The Contractor may not subcontract any of its obligations under this Contract without obtaining the
prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or
any of its rights or obligations hereunder, without the prior written approval of the Procurement
Officer, each at the State’s sole and absolute discretion; provided, however, that a Contractor may
assign monies receivable under a contract after written notice to the State. Any subcontracts shall
include such language as may be required in various clauses contained within this Contract, exhibits,
and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits
are completed and properly registered. The State shall not be responsible for fulfillment of the
Contractor’s obligations to its subcontractors.
29. Limitations of Liability
29.1 Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions
of Contractor, its subcontractors, agents or employees as follows:
(a) For infringement of patents, trademarks, trade secrets and copyrights as provided in
Section 7 “Patents, Copyrights, Intellectual Property” of this Contract;
(b) Without limitation for damages for bodily injury (including death) and damage to
real property and tangible personal property; and
(c) For all other claims, damages, loss, costs, expenses, suits or actions in any way
related to this Contract and regardless of the basis on which the claim is made,
Contractor’s liability will be established at the Work Order level. The above
limitation of liability is per incident.
(d) In no event shall the existence of a subcontract operate to release or reduce the
liability of Contractor hereunder. For purposes of this Contract, Contractor agrees
that all subcontractors shall be held to be agents of Contractor.
29.2 Contractor’s indemnification obligations for Third party claims arising under Section 6
(“Indemnification”) of this Contract are included in this limitation of liability only if the State is
immune from liability. Contractor’s indemnification liability for third party claims arising under
Section 6 of this Contract shall be unlimited if the State is not immune from liability for claims
arising under Section 6.
29.3. In no event shall the existence of a subcontract operate to release or reduce the liability of Contractor
hereunder. For purposes of this Contract, Contractor agrees that it is responsible for performance
of the services and compliance with the relevant obligations hereunder by its subcontractors.
30. Commercial Nondiscrimination
30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply
with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State
Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance,
Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex,
age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal
to submit to a genetic test or make available the results of a genetic test or on the basis of disability,

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or otherwise unlawful forms of discrimination in the solicitation, selection, hiring, or commercial

treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor
retaliate against any person for reporting instances of such discrimination. Contractor shall provide
equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector
and private sector subcontracting and supply opportunities, provided that this clause does not
prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have
occurred or are occurring in the marketplace. Contractor understands that a material violation of
this clause shall be considered a material breach of this Contract and may result in termination of
this Contract, disqualification of Contractor from participating in State contracts, or other sanctions.
This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights,
and only after the filing of a complaint against Contractor under Title 19 of the State Finance and
Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor
agrees to provide within 60 days after the request a complete list of the names of all subcontractors,
vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that
were undertaken within the State of Maryland, including the total dollar amount paid by Contractor
on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation
conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth
under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland,
and to provide any documents relevant to any investigation that are requested by the State.
Contractor understands that violation of this clause is a material breach of this Contract and may
result in Contract termination, disqualification by the State from participating in State contracts,
and other sanctions.
30.4 The Contractor shall include the language from 30.1, or similar clause approved in writing by the
Department, in all subcontracts.
31. Prompt Pay Requirements
31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department,
at its option and in its sole discretion, may take one or more of the following actions:
(a) Not process further payments to the Contractor until payment to the subcontractor is
verified;
(b) Suspend all or some of the Contract work without affecting the completion date(s)
for the Contract work;
(c) Pay or cause payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become due to the Contractor;
(d) Place a payment for an undisputed amount in an interest-bearing escrow account; or
(e) Take other or further actions as appropriate to resolve the withheld payment.
31.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which
there is no good faith dispute. Such “undisputed amounts” include, without limitation: (a) retainage
which had been withheld and is, by the terms of the agreement between the Contractor and
subcontractor, due to be distributed to the subcontractor; and (b) an amount withheld because of
issues arising out of an agreement or occurrence unrelated to the agreement under which the amount
is withheld.
31.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department
concerning a withheld payment between the Contractor and a subcontractor under this section 31,
may not:

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(a) Affect the rights of the contracting parties under any other provision of law;
(b) Be used as evidence on the merits of a dispute between the Department and the
Contractor in any other proceeding; or
(c) Result in liability against or prejudice the rights of the Department.
32. Living Wage
If a Contractor subject to the Living Wage law fails to submit all records required under COMAR
21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and
Regulation, the State may withhold payment of any invoice or retainage. The State may require
certification from the Commissioner on a quarterly basis that such records were properly submitted.
33. Use of Estimated Quantities
Unless specifically indicated otherwise in the State’s solicitation or other controlling documents
related to the Scope of Work, any sample amounts provided are estimates only and the Department
does not guarantee a minimum or maximum number of units or usage in the performance of this
Contract.
34. Risk of Loss; Transfer of Title
Risk of loss for conforming supplies, equipment, materials and Deliverables furnished to the State
hereunder shall remain with the Contractor until such supplies, equipment, materials and
Deliverables are received and accepted by the State, following which, title shall pass to the State.
35. Effect of Contractor Bankruptcy
All rights and licenses granted by the Contractor under this Contract are and shall be deemed to be
rights and licenses to “intellectual property,” and the subject matter of this Contract, including
services, is and shall be deemed to be “embodiments of intellectual property” for purposes of and as
such terms are used and interpreted under § 365(n) of the United States Bankruptcy Code (“Code”)
(11 U.S.C. § 365(n) (2010)). The State has the right to exercise all rights and elections under the
Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract
(including all executory statement of works). Without limiting the generality of the foregoing, if the
Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the
State’s rights of election, all rights and licenses granted to the State under this Contract shall
continue subject to the respective terms and conditions of this Contract; and (b) the State shall be
entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual
property and embodiments of intellectual property, and the same, if not already in the State’s
possession, shall be promptly delivered to the State, unless the Contractor elects to and does in fact
continue to perform all of its obligations under this Contract.
36. Miscellaneous
36.1 Any provision of this Contract which contemplates performance or observance subsequent to any
termination or expiration of this Contract shall survive termination or expiration of this Contract
and continue in full force and effect.
36.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or
unenforceable in any respect, in whole or in part, such term shall be severed from this Contract, and
the remaining terms contained herein shall continue in full force and effect, and shall in no way be
affected, prejudiced, or disturbed thereby.
36.3 The headings of the sections contained in this Contract are for convenience only and shall not be
deemed to control or affect the meaning or construction of any provision of this Contract.

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36.4 This Contract may be executed in any number of counterparts, each of which shall be deemed an
original, and all of which together shall constitute one and the same instrument. Signatures provided
by facsimile or other electronic means, e,g, and not by way of limitation, in Adobe .PDF sent by
electronic mail, shall be deemed to be original signatures.
37. Contract Monitor and Procurement Officer
37.1 The State representative for this Contract who is primarily responsible for Contract administration
functions, including issuing written direction, invoice approval, monitoring this Contract to ensure
compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance,
and achieving completion of the Contract on budget, on time, and within scope. The Contract
Monitor may authorize in writing one or more State representatives to act on behalf of the Contract
Monitor in the performance of the Contract Monitor’s responsibilities. The Department may change
the Contract Monitor at any time by written notice to the Contractor.
37.2 The Procurement Officer has responsibilities as detailed in the Contract, and is the only State
representative who can authorize changes to the Contract. The Department may change the
Procurement Officer at any time by written notice to the Contractor.
38. Notices
All notices hereunder shall be in writing and either delivered personally or sent by certified or
registered mail, postage prepaid, as follows:
If to the State:
<<contractMonitorName>>
<<contractManagerAddress>>
Phone Number: <<contractManagerPhoneNumber>>
E-Mail: <<contractManagere-mail>>
With a copy to:
<<procurementOfficerName>>
<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>>)
<<procurementOfficerAddress>>
Phone Number: <<procurementOfficerPhoneNumber>>
E-Mail: <<procurementOfficerE-mail>>
If to the Contractor:
(Contractor’s Name)
(Contractor’s primary address)
Attn: __________________
[[Delete the following if a parent company guarantee is inapplicable:]]
Parent Company Guarantor
Contact: _______________________________
Attn: __________________

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39. Parent Company Guarantee (If applicable)

If a Contractor intends to rely on its Parent Company in some manner while performing on the State
Contract, the following clause should be included and completed for the Contractor’s Parent Company to
guarantee performance of the Contractor. The guarantor/Contractor’s Parent Company should be named
as a party and signatory to the Contract and should be in good standing with SDAT.
(Corporate name of Contractor’s Parent Company) hereby guarantees absolutely the full, prompt,
and complete performance by (Contractor) of all the terms, conditions and obligations contained in
this Contract, as it may be amended from time to time, including any and all exhibits that are now or
may become incorporated hereunto, and other obligations of every nature and kind that now or may
in the future arise out of or in connection with this Contract, including any and all financial
commitments, obligations, and liabilities. (Corporate name of Contractor’s Parent Company) may
not transfer this absolute guaranty to any other person or entity without the prior express written
approval of the State, which approval the State may grant, withhold, or qualify in its sole and
absolute subjective discretion. (Corporate name of Contractor’s Parent Company) further agrees that
if the State brings any claim, action, lawsuit or proceeding against (Contractor), (Corporate name of
Contractor’s Parent Company) may be named as a party, in its capacity as Absolute Guarantor.

40. Limited English Proficiency

The Contractor shall provide equal access to public services to individuals with limited English
proficiency in compliance with Md. Code Ann., State Government Article, §§ 10-1101 et seq., and
Policy Guidance issued by the Office of Civil Rights, Department of Health and Human Services,
and MDH Policy 02.06.07.
SIGNATURES ON NEXT PAGE

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IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set
forth.
Contractor State of Maryland
Department of Information Technology (DoIT)

By: By: <<agencyContractSigner>>,

<<agencyContractSignerTitle>>

Date

PARENT COMPANY (GUARANTOR) (if By:

applicable)

___________________________________ ___________________________________

By: Date

___________________________________

Date

Approved for form and legal sufficiency

this ____ day of _____________, 20___.
______________________________________
Assistant Attorney General

APPROVED BY BPW: _________________ _____________

(Date) (BPW Item #)

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Attachment N. Contract Affidavit

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-
N-ContractAffidavit.pdf.

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Attachment O. DHS Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

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Appendix 1. – Abbreviations and Definitions

For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:.
A. Access – The ability or the means necessary to read, write, modify, or communicate
data/information or otherwise use any information system resource.
B. Business Day(s) – The official working days of the week to include Monday through Friday.
Official working days excluding State Holidays (see definition of “Normal State Business
Hours” below).
C. COMAR – Code of Maryland Regulations available on-line at
http://www.dsd.state.md.us/COMAR/ComarHome.html.
D. Contract – The Contract awarded to the successful Offeror pursuant to this RFP. The Contract
will be in the form of Attachment M.
E. Contract Monitor – The State representative for this Contract who is primarily responsible for
Contract administration functions, including issuing written direction, invoice approval,
monitoring this Contract to ensure compliance with the terms and conditions of the Contract,
monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget,
on time, and within scope. The Contract Monitor may authorize in writing one or more State
representatives to act on behalf of the Contract Monitor in the performance of the Contract
Monitor’s responsibilities. The Department may change the Contract Monitor at any time by
written notice to the Contractor.
F. Contractor – The selected Offeror that is awarded a Contract by the State.
G. Contractor Personnel – Employees and agents and subcontractor employees and agents
performing work at the direction of the Contractor under the terms of the Contract awarded
from this RFP.
H. Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or
other Sensitive Data.
I. Department of Information Technology or (DoIT or the “Department”).
J. eMMA – eMaryland Marketplace Advantage (see RFP Section 4.2).
K. Information System – A discrete set of information resources organized for the collection,
processing, maintenance, use, sharing, dissemination, or disposition of information.
L. Information Technology (IT) – All electronic information-processing hardware and software,
including: (a) maintenance; (b) telecommunications; and (c) associated consulting services.
M. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless
otherwise specified, all stated times shall be Local Time, even if not expressly designated as
such.
N. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR
21.01.02.01B (54) which is certified by the Maryland Department of Transportation under
COMAR 21.11.03.
O. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday
through Friday except State Holidays, which can be found at: www.dbm.maryland.gov –
keyword: State Holidays.
P. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the
Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date.

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The NTP Date is the start date of work under the Contract, project, Task Order or Work Order.
Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor
regarding the start date for any service included within this solicitation with a delayed or non-
specified implementation date.
Q. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work
Order to begin.
R. Offeror – An entity that submits a Proposal in response to this RFP.
S. Personally Identifiable Information (PII) – Any information about an individual maintained by
the State, including (1) any information that can be used to distinguish or trace an individual
identity, such as name, social security number, date and place of birth, mother’s maiden name,
or biometric records; and (2) any other information that is linked or linkable to an individual,
such as medical, educational, financial, and employment information.
T. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State
for purposes of this solicitation. After Contract award, the Procurement Officer has
responsibilities as detailed in the Contract (Attachment M), and is the only State
representative who can authorize changes to the Contract. The Department may change the
Procurement Officer at any time by written notice to the Contractor.
U. Proposal – As appropriate, either or both of the Offeror’s Technical or Financial Proposal.
V. Protected Health Information (PHI) – Information that relates to the past, present, or future
physical or mental health or condition of an individual; the provision of health care to an
individual; or the past, present, or future payment for the provision of health care to an
individual; and (i) that identifies the individual; or (ii) with respect to which there is a
reasonable basis to believe the information can be used to identify the individual.
W. Request for Proposals (RFP) – This Request for Proposals issued by the Department of
Information Technology (Department), with the Solicitation Number and date of issuance
indicated in the Key Information Summary Sheet, including any amendments thereto.
X. Security Incident – A violation or imminent threat of violation of computer security policies,
Security Measures, acceptable use policies, or standard security practices. “Imminent threat of
violation” is a situation in which the organization has a factual basis for believing that a
specific incident is about to occur.
Y. Security or Security Measures – The technology, policy and procedures that a) protects and b)
controls access to networks, systems, and data.
Z. Sensitive Data - Means PII;PHI; other proprietary or confidential data as defined by the State,
including but not limited to “personal information” under Md. Code Ann., Commercial Law §
14-3501(e) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to
disclosure under the Public Information Act, Title 4 of the General Provisions Article; and
information about an individual that (1) can be used to distinguish or trace an individual‘s
identity, such as name, social security number, date and place of birth, mother‘s maiden name,
or biometric records; or (2) is linked or linkable to an individual, such as medical, educational,
financial, and employment information.
AA. State – The State of Maryland.
BB. Technical Safeguards – The technology and the policy and procedures for its use that protect
State Data and control access to it.
CC. Third Party Software – Software and supporting documentation that:

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RFP Document
Solicitation #: F50B1600006

1) are owned by a third party, not by the State, the Contractor, or a subcontractor;
2) are included in, or necessary or helpful to the operation, maintenance, support or
modification of the Solution; and
3) are specifically identified and listed as Third Party Software in the Proposal.
DD. Total Proposal Price - The Offeror’s total price for goods and services in response to this
solicitation, included in Financial Proposal Attachment B – Financial Proposal Form.
EE. Veteran-owned Small Business Enterprise (VSBE) – A business that is verified by the Center
for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as
a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.
FF. Work Order – A subset of work authorized by the Contract Monitor performed under the
general scope of this RFP, which is defined in advance of Contractor fulfillment, and which
may not require a Contract Modification. Except as otherwise provided, any reference to the
Contract shall be deemed to include reference to a Work Order.

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RFP Document
Solicitation #: F50B1600006

Appendix 2. – Offeror Information Sheet

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Appendix2-
Bidder_OfferorInformationSheet.pdf.

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