Department of Human Services

DEPARTMENT OF HUMAN RESOURCES

Maryland’s Human Services Agency

REQUEST FOR PROPOSALS (RFP)

SOLICITATION NO . HRDT/LDP/16 -001-S

Issue Date:

LEADERSHIP DEVELOPMENT PROGRAM

NOTICE

A Prospective Offeror that has received this document from the Department’s website located at
www.dhr.maryland.gov or eMaryland Marketplace located at https://emaryland.buyspeed.com/bso/ ,
or that has received this document from a source other than the Procurement Officer, and that wishes to
assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the Prospective Offeror’s name and mailing address so that addenda to
the RFP or other communications can be sent to the Prospective Offeror.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

9/8/2014 ii NOTICE TO V ENDORS

Maryland Wants to Do
Business with You

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and
suggesti ons 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, Danika Montague at Danika.Montague1@Maryland.gov or fax (410) 333-
0258.

Please let us know why you are not bidding. (Check all that apply).
We do not offer the services/commodities requested.
Busy with other commitments.
Specifications are unclear or too restrictive.
Timetable is unworkable.
Bonding/Insurance requirements are prohibitive.
Our experience with State of Maryland has not been satisfactory.
Other (Please specify)
Additional Comments:

Please add suggestions for improvement here:

Name of commenter and Business (optional):

Bid/Proposal Number:
Entitled:

Your comments will help us improve the procurement process.
Thank You.

9/8/2014 iii STATE OF MARYLAND
DEPARTMENT OF HUMAN RESOURCES

RFP KEY INFORMATION SUMMARY SHEET

Request f or Proposals : LEADERSHIP DEVELOPMENT PROGRAM

Solicitation Number: HRDT/LDP/16 -001-S

RFP Issue Date: November 19, 2015
RFP Issuing Office: Office of Human Resources Development and Training
Procurement Officer: Danika Montague
Department of Human Resources
311 W. Saratoga Street, Room 946
Baltimore, Maryland 21201
Phone: (410) 767 -7072 Fax: (410) 333- 0258
E-mail:
Danika.Montague@Maryland.gov

State Project Manager : Michael Dorsey
Department of Human Resources

Proposals are to be sent to: Department of Human Resources
311 West Saratoga Street; Room, 946
Baltimore, Maryland 21201
Attention: Danika Montague

Pre-Proposal Conference: Thursday December 3, 2015, 10:00 AM Local Time
Department of Human Resources, 311 W. Saratoga Street,
Room 104

Closing Date and Time: 3:00 PM Local Time, Monday December 28, 2015

MBE Subcontracting Goal: 0 %

VSBE Subcontracting Goal: 0 %

9/8/2014 iv Table of Contents

SECTION 1 - GENERAL INFORMATION .............................................................................. 7
1.1 Summary Statement ......................................................................................................... 7
1.2 Abbrevia tions and Definitions ......................................................................................... 7
1.3 Contract Type ................................................................................................................... 9
1.4 Contract Duration ............................................................................................................. 9
1.5 Procurement Officer ......................................................................................................... 9
1.6 State Project Manager .................................................................................................... 10
1.7 Pre-Proposal Conference ............................................................................................... 10
1.8 eMaryland Marketplace ................................................................................................. 10
1.9 Questions ........................................................................................................................ 11
1.10 Procurement Method ...................................................................................................... 11
1.11 Proposals Due (Closing) Date and Time ....................................................................... 11
1.12 Multiple or Alternate Proposals ..................................................................................... 11
1.13 Economy of Preparation ................................................................................................ 12
1.14 Public Information Act Notice ....................................................................................... 12
1.15 Award Basis ................................................................................................................... 12
1.16 Oral Presentation ............................................................................................................ 12
1.17 Duration of Proposal ...................................................................................................... 12
1.18 Revisions to the RFP ...................................................................................................... 12
1.19 Cancellations .................................................................................................................. 13
1.20 Incurre d Expenses .......................................................................................................... 13
1.21 Protest/Disputes ............................................................................................................. 13
1.22 Offeror Responsibilities ................................................................................................. 13
1.23 Substitution of Personnel ............................................................................................... 14
1.24 Mandatory Contractual Terms ....................................................................................... 16
1.25 Bid/Proposal Affidavit ................................................................................................... 16
1.26 Contract Affidavit .......................................................................................................... 16
1.27 Compliance with Laws/Arrearages ................................................................................ 17
1.28 Verification of Registration and Tax Payment .............................................................. 17
1.29 False Statements ............................................................................................................. 17
1.30 Payments by Electronic Funds Transfer ........................................................................ 17
1.31 Prompt Payment Policy .................................................................................................. 18
1.32 Electronic Procurements Authorized ............................................................................. 18
1.33 Minority Business Enterprise Goals .............................................................................. 19
1.34 Living Wage Requirements ........................................................................................... 19
1.35 Federal Funding Acknowledgement .............................................................................. 19
1.36 Conflict of Interest Affidavit and Disclosure ................................................................. 20
1.37 Non-Disclosure Agreement ........................................................................................... 20
1.38 HIPAA - Business Associate Agreement ...................................................................... 20
1.39 Non-Visual Access ......................................................................................................... 20
1.40 Mercury and Products That Contain Mercury ............................................................... 20
1.41 Veteran -Owned Small Business Enterprise Goals ......................................................... 20
1.42 Location of the Performance of Services Disclosure ..................................................... 20
1.43 Department of Human Resources (DHR) Hiring Agreement ........................................ 20
1.44 Small Business Reserve (SBR) Procurement ................................................................ 20

9/8/2014 v SECTION 2 – MINIMUM QUALIFICATIO NS ..................................................................... 22
2.1 Offeror Minimum Qualifications ................................................................................... 22
SECTION 3 – SCOPE OF WORK ........................................................................................... 23
3.1 Background and Purpose ............................................................................................... 23
3.2 State Supplied Services, Equipment and Supplies ......................................................... 23
3.3 Scope of Work - Requirements ...................................................................................... 23
3.4 Deliverables ................................................................................................................... 25
3.5 Security Requirements ................................................................................................... 27
3.6 Insurance Requirements ................................................................................................. 27
3.7 Problem Escalation Procedure ....................................................................................... 28
3.8 Invoicing ........................................................................................................................ 28
3.9 Contractor’s Project Manager ........................................................................................ 29
3.10 Post Award Kick -Off Meeting ....................................................................................... 30
3.11 MBE Reports ................................................................................................................. 30
3.12 VSBE Reports ................................................................................................................ 30
3.13 SOC 2 Type II Audit Report .......................................................................................... 30
3.14 End of Contract Transition ............................................................................................. 30
SECTION 4 – PROPOSAL FORMAT ..................................................................................... 31
4.1 Two Part Submission ..................................................................................................... 31
4.2 Proposals ........................................................................................................................ 31
4.3 Delivery .......................................................................................................................... 31
4.4 Volume I – Technical Proposal ...................................................................................... 32
4.5 Volume II – Financial Proposal ..................................................................................... 38
SECTION 5 – EVALUATION COMMITTEE, EVALUATION CRITERI A, AND
SELECTION PROCEDURE ..................................................................................................... 39
5.1 Evaluation Committee ................................................................................................... 39
5.2 Technical Proposal Evaluation Criteria ......................................................................... 39
5.3 Financial Proposal Evaluation Criteria .......................................................................... 39
5.4 Reciprocal Preference .................................................................................................... 39
5.5 Selection Procedures ...................................................................................................... 40
5.6 Documents Required upon Notice of Recommendation for Contract Award ............... 41
RFP ATTACHMENTS .............................................................................................................. 42
ATTACHMENT A – CONTRACT .......................................................................................... 44
ATTACHMENT B – BID/PROPOSAL AFFIDAVIT ......................................................... 58
ATTACHMENT C – CONTRACT AFFIDAVIT ............................................................... 64
ATTACHMENT D – MINORITY BUSINESS ENTERPRISE FORMS ................................ 68
ATTACHMENT E – PRE -PROPOSAL CONFERENCE RESPONSE FORM ...................... 69
ATTACHMENT F – FINANCIAL PROPOSAL INSTRUCTIONS ....................................... 70
ATTACHMENT F – FINANCIAL PROPOSAL FORM ........................................................ 71
ATTACHMENT G – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS . 72
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT ................................................... 73
ATTACHMENT J – NON- DISCLOSURE AGREEMENT .................................................... 81
ATTACHMENT K – HIPAA BUSINESS ASSOCIATE AGREEMENT .............................. 85
ATTACHMENT L – MERCURY AFFIDAVIT ...................................................................... 86

9/8/2014 vi ATTACHMENT M – VETERAN -OWNED SMALL BUSINESS ENTERPRISE ................ 87
ATTACHMENT N – LOCATION OF THE PERFORMANCE OF SERVICES
DISCLOSURE .......................................................................................................................... 88
ATTACHMENT O – DHR HIRING AGREEMENT .............................................................. 89

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9/8/2014
SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Department of Human Resources (DHR or the Department) is issuing this Request for Proposals (RFP )
to acquire consulting services for the purpose of implementing an agency -wide leadership development
program .

1.1.2 It is the State’s intention to obtain services, as specified in this RFP , from a C ontract between the selected
Offeror and the State. The anticipated duration of services to be provided under this Contract is eleven (11)
months . See Section 1.4 for more information.

1.1.3 The Department intends to make a single award as a result of this RFP .

1.1.4 Offerors , either directly or through their subcontractor (s), must be able to provide all services and meet all
of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain
responsi ble for Contract performance regardless of subcontractor participation in the work .

1.2 Abbreviations and Definitions

For purposes of this RFP , the following abbreviations or terms have the meanings indicated below:

a. Business Day (s) – The official workin g days of the week to include Monday through Friday. Official
working days exclude State Holidays and Service Reduction Days (see definition of “ Normal State
Business Hours” below ). A list of State Holidays and Service Reduction Days can be accessed at
www.dbm.maryland.gov keyword: State Holidays.

b. COMAR – Code of Maryland Regulations available on -line at www.dsd.state.md.us .

c. Contract – The Contract awarded to the successful Offeror pursuant t o this RFP . The Contract will be in
the form of Attachment A .

d. Contract Commencement - The date the Contract is signed by the Department following any required
approvals of the Contract, including approval by the Board of Public Works, if such approval is required .
See Section 1.4.

e. Contractor – The selected Offeror that is awarded a Contract by the State.

f. Department or DHR – Maryland State Department of Human Resources. Maryland’s fourth largest State
agency, established to administer the State’s public assistance, social services, child support, and
community services programs.

g. DHR University or DHR- U – A training initiative created by DHR to promote training, provide
educational experiences and offer career advancement opportunities for all of DHR’s employees.

h. eMM – eMar yland Marketplace (see RFP Section 1.8 ). The State of Maryland’s internet -based
procurement system is a business tool that provides an efficient means to improve vendor’s access to State
procurement information and bid opportunities.

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9/8/2014 i. Go-Live Date – The date when the Contractor must begin providing all services required by this
solicitation. See Section 1.4.

j. Leadership Development Initiative ( LDI) – A leadership development and training program offered to
Department of Human Resource s personnel .

k. 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.

l. 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.

m. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through
Friday except St ate Holidays and Service Reduction Days , which can be found at:
www.dbm.maryland.gov – keyword: State Holidays.

n. Notice to Proceed (NTP) – A written notice from the State Project Manager that, subject to the cond itions
of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP
is the Go Live Date, and is the official start date of the Contract for the actual delivery of services as
described in this solicitation . After Contract Commencement, additional NTPs may be issued by either the
Procurement Officer or the State Project Manager regarding the start date for any service included within
this solicitation with a delayed or non- specified implementation date.

o. Offeror – An entity that submits a Proposal in response to this RFP.

p. 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 A), including being 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.

q. Proposal – As appro priate , either or both of an Offeror’s Technical or Financial Proposal.

r. Request for Proposals (RFP) – This Request for Proposals issued by the Department of Human
Resources, Solicitation Number HRDT/LDP/16 -001-S dated November 19, 2015 including any addenda.

s. State – The State of Maryland.

t. State Project Manager (SPM) – The State representative for this Contract who is primarily responsible
for Contract administration functions, including issuing written direction, invoice approval, moni toring 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.

u. Total Proposal Price - The Offeror’s total proposed price for services in response to this solicitation,
included in the Financial Proposal with Attachment F – Price Form, and used in the financial evaluation of
Proposals (see RFP Section 5.3).

v. Veteran -owned Small Business E nterprise (VSBE) – a business that is verified by the Center for
Veterans Enterprise of the United States Department of Veterans Affairs as a veteran -owned small
business. See C ode of Maryland Regulations ( COMAR ) 21.11.13.

9
9/8/2014 1.3 Contract Type

The Contrac t resulting from this solicitation shall be a Firm Fixed -Price contract , as defined in COMAR
21.06.03.02 .

1.4 Contract Duration
1.4.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by the
Department following any required approvals of the Contract, including approval by the Board of Public
Works, if such approval is required (“Contract Commencement”).

1.4.2 The period of time from the date of Contract Commencement through the Go- Live Date (see Section 1.2
definition and Section 1.4.3) will be the Contract “Start -up Period.” During the Start -up Period the
Contractor shall perform start -up activities such as are necessary to enable the Contractor to begin the
successful performance of Contract ac tivities as of the Go Live Date. No compensation will be paid to the
Contractor for any activities it performs during the Start -up Period.

1.4.3 As of the Go -Live Date contained in a Notice to Proceed (see Section 1.2 definition), anticipated to be on
or about March 4 , 2016, the Contractor shall perform all activities required by the Contract, including the
requirements of this solicitation, and the offerings in its Technical Proposal, for the compensation described
in its Financial Propos al.

1.4.4 The C ontract term will be for a ten (10) month period immediately following the Go -Live Date.

1.4.5 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract
term, as well as the audit, confidentiality, document retention, and indemnification obligations of the
Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect
until all such obligations are satisfied.

1.5 Procurement Officer

The sole point of contact in th e State for purposes of this solicitation prior to the award of any Contract is the
Procurement Officer at the address listed below:

Danika Montague
Procurement Officer
Maryland Department of Human Resources
311 West Saratoga Street, Room 946
Baltimore, Maryland 21201
Phone Number: (410) 767- 7072
Fax Number: (410) 333- 0258
E-mail: Danika.Montague1@Maryland.gov

The Department may change the Procurement Officer at any time by written notice.

10
9/8/2014 1.6 State Project Manager

The State Project Manager is:

Michael Dorsey
Department of Human Resources
311 W. Saratoga Street, 1st
Baltimore, MD 21201 Floor
Phone Number: 410 -767-5978 (office)
Fax Number: 410-333-0882 (fax)
E-mail: michael.dorsey@maryland.gov
The Department has delegated responsibility for the management of this Contract to the individual named above.
The State Project Manager has the sole authority to order the Contractor to take specific actions that the Departmen t
deems appropriate that are consistent with the terms of the Contract. The Department may change the State Project
Manager at any time by written notice.

The State Project Manager, at his/ her discretion, may identify a designee to utilize such authority as described
above. Anytime the State Project Manager is listed throughout the RFP, such identification shall be construed to include a designee, who shall be identified in writing to the Contractor by the State Project Manager. Such written
identificatio n will typically occur via email.

1.7 Pre-Proposal Conference
A Pre -Proposal Conference (the Conference) will be held on December 3, 2015, beginning at 10:00 a.m. Local
Time, at the Department of Human Resources; 311 West Saratoga Street, Room 104; Baltimore, MD . All
prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals .

The Conference will be transcribed . As promptly as is feasible subsequent to the Conference, a transcription of the
Confere nce and all questions and answers known at that time will be distributed to all prospective Offeror s known
to have received a copy of this RFP . This transcript , as well as the questions and answers, will also be posted on
eMaryland Marketplace and the DHR website . See RFP Section 1.8 .

In order to assure adequate seating and other accommodations at the Conference, please e -mail, mail, or fax to
(410) 333- 0258 the Pre -Proposal Conference Response Form to the attention of the Procurement Officer no later
than 4:00 p.m. Local Time on December 1, 2015. The Pre -Proposal Conference Response Form is included as
Attachment E to this RFP. In addition, if there is a need for sign language interpretation and/or other special
accommodations due to a disability, please notify the Procurement Officer no later than December 1, 2015. The
Department will make a reasonable effort to provide such special accommodation.

1.8 eMaryland Marketplace

Each Offeror is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter
(cover letter) submitted at the time of its Proposal submission to this RFP (see Section 4.4.2.3) .

eMM is an electronic commerce system administered by the Maryland Department of General Services. In addition
to using the DHR website ( www.dhr.maryland.gov ) and possibly other means for transmitting the RFP and
associated materials, the solicitation and transcript of the Pre -Proposal Conference, Offeror questions and the
Procurement Officer’s responses, addenda, and other solicitation- related information will be provided via eMM.

11
9/8/2014 In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to
https://emaryland.buyspeed.com/bso/login.jsp , click on “Register” to b egin the process, and then follow the
prompts.

1.9 Questions

Written questions from prospective Offerors will be accepted by the Procurement Officer prior to the Conference.
If possible and appropriate, such questions will be answered at the Conference. (No substantive question will be answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e -mail to the
following e -mail address:
Danika.Montague1@Maryland.gov . Please identify in the subject line the Solicitation
Number and Title. Questions, both oral and written, will also be accepted from prospective Offeror s attending the
Conference. If possible and appropriate, these questions will be answered at the Conferenc e.
Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer
(see above email address ) in a timely manner prior to the Proposal due date. Questions are requested to be
submitted at least five (5) days prior to the Proposal due date. 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. Time permitting, answers to all substantive quest ions that have not previously been answered, and are not
clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the RFP in sufficient time for the answer to be taken into consideration in the Pr oposal .

1.10 Procurement Method
This Contract will be awarded in accordance with the Competitive Sealed Proposal s method under COMAR
21.05.03.

1.11 Proposal s Due (Closing) Date and Time

Proposal s, in the number and form set forth in Section 4.2 “Proposals” must be received by the Procurement
Officer at the address listed on the Key Information Summary Sheet, no later than 3:00 PM Local Time on
Monday , December 28 , 2015 in order to be considered.

Requests for extension of this time or date will not be granted. Offerors mailing Proposal s should allow sufficient
mail 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, Propos als received after the due date and time listed in this section will not be
considered.

Proposal s may be modified or withdrawn by written notice received by the Procurement Officer before the time and
date set for th in this section for receipt of Proposals.

Proposal s may not be submitted by e -mail or facsimile. Proposals will not be opened publicly.

Vendors not responding to this solicitation are requested to submit the “Notice to Vendors” form, which includes
company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).
This form is located in the RFP immediately following the Title Page (page ii).

1.12 Multiple or Alternate Proposal s
Multiple and/or alternate Proposal s will not be accepted.

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9/8/2014
1.13Economy 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.

1.14 Public Information Act Notice

An Offe ror should give specific attention to the clear identification of those portions of its P roposal 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.,
State Government Article, Title 10, Subtitle 6. ( Also, see RFP Section 4.4. 2.2 “Claim of Confidentiality” ). This
confidential and/or proprietary information should be identifie d 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.

Offerors are advised that, upon request for this information from a third part y, the Procurement Officer is required
to make an independent determination whether the information m ust be disclosed.

1.15 Award Basis

The Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the
most advantageous to the State, considering price and evaluation factors set forth in this RFP (see COMAR
21.05.03.03F ), for providing the goods and services as specified in this RFP . See RFP Section 5 for further award
information .

1.16 Oral Presentati on

Offerors may be required to make oral presentations to State representatives. 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 and are binding if the Contract is awarded.
The Procurement Officer will notify Offerors of the time and place of oral presentations.

1.17 Duration of Proposal

Proposals submitted in response to this R FP are irrevocable for 120 days following the closing date for submission
of Proposals or best and final offers if requested. This period may be extended at the Procurement Officer’s request
only with the Offeror’s written agreement.

1.18 Revisions to the RFP

If it becomes necessary to revise this RFP before the due date for Proposal s, the Department shall endeavor to
provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the
Procurement Officer to have obtained this RFP . In addition, addenda to the RFP will be posted on the
Department’s procurement web page and through eMM. It remains the responsibility of all prospective Offeror s to
check all applicable websites for any addenda issued prior to the submission of Proposal s. Addenda made after the
due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under
award consideration as of the issuance date of the addenda.

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9/8/2014
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 . Acknowledgement of the receipt of
addend a to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice.
Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms,
additions, deletions, or correct ions set for th in the addendum.

1.19 Cancellations

The State reserves the right to cancel this RFP , accept or reject any and all Proposal s, in whole or in part, received
in response to this RFP , to waive or permit the cure of minor irregularities, and to conduct dis cussions with all
qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State. The State
also reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received withou t
discussions or negotiations.

1.20 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, in providing a demonstration, or in performing any other activities related to
submitting a Proposal in response to this solicitation.

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

1.22 Offeror Responsibilities
The selected Offeror shall be responsible for all products and services required by this RFP. All subcontractors
must be identified and a complete description of their role relative to t he Proposal must be included in the Offeror’s
Proposal. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for
this solicitation shall be identified as provided in the appropriate Attachment(s) of this RFP (see Section 1.33
“Minority Business Enterprise Goals” and Section 1.41 “Veteran -Owned Small Business Enterprise Goals.”).

If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity,
all informatio n 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 Offero r, unless the parent organization will guarantee the performance of the
subsidiary. If applicable, the Offeror’s P roposal shall contain an explicit statement that the parent organization will
guarantee the performance of the subsidiary.

A parental guaran tee of the performance of the Offeror under this Section will not automatically result in crediting
the Offeror with the experience and/or qualifications of the parent under any evaluation criteria pertaining to the Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State
determines that the experience and qualification of the parent are transferred to and shared with the Offeror, the
parent is directly involved in the performance of the Contract, and the value of the parent’s participation as
determined by the State.

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9/8/2014 1.23 Substitution of Personnel

A. Continuous Performance of Key Personnel

Unless substitution is approved per paragraphs B -D of this section, key personnel shall be the same
personnel pro posed in the Contractor’s T echnical P roposal, which will be incorporated into the Contract by
reference. Such identified key personnel shall perform continuously for the duration of the Contract, or
such lesser duration as specified in the T echnical P roposal. Key personnel may not be removed by the
Contractor from working under this Contract , as described in the RFP or the Contractor’s Technical
Proposal , without the prior written approval of the State Project Manager .

If the Contract is task order based, the provisions of this section apply to key personnel identified in each
task order proposal and agreement.