Information Technology Operational Analysis

i MARYLAND STATE TREASURER’S OFFICE (STO )
LOUIS L. GOLDSTEIN TREASURY BUILDING
80 CALVERT STREET, ROOM 109
ANNAPOLIS, MARYLAND 21401
I
NVITATION FOR BIDS (IFB)
INFORMATION TECHNOLOGY OPERATIONAL ANALYSIS
FOR THE STATE TREASURER’S OFFICE
IFB #ITOA -0424 2024
ISSUE DATE: APRIL 24 , 2024
SMALL BUSINESS RESERVE PROCUREMENT
This is a Small Business Reserve Procurement for which award will be limited to certified
small business vendors. Only businesses that meet the statutory requirements set forth in
State Finance and Procurement Article, §§14 -501 —14- 505, Annotated Code of Maryland,
and that are certified by the Governor’s Office of Small, Minority & Women Business
Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.
However, if small businesses do not show interest in this solicitation, the Procurement
Officer has the right to remove the SBR designation via an Amendment to the solicitation
posted on eMMA.
NO
TICE
A Prospective Bidder that has received this document from a source other than eMarylandMarketplace
(eMMA ) https://procurement.maryland.gov should register on eMMA . See Section 4. 1.
THIS IS A SMALL PROCUREMENT NOT TO EXCEED $100K
MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO
RESPOND TO THIS SOLICITATION

Information Technology Operational An alysis
Solicitation #: IFB # ITOA -04242024 IFB Document

ii NO
BID NOTICE/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 : Information Technology Operational Analysis for Maryland State Treasurer’s Office
Solicitation No: IFB #ITOA -04242024. 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 Bid is insufficient
Start -up time is insufficient
Bonding/Insurance requirements are restrictive (Explain in REMARKS section)
Bid 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 ,
pl
ease use the REMARKS section below. (Attach additional pages as needed.)
REMARKS:
____________________________________________________________________________________
____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________
Contact Person: _________________________________ Phone (____) _____ - _________________
Address: ______________________________________________________________________
E-mail Address: ________________________________________________________________

Information Technology Operational An alysis
Solicitation #: IFB # ITOA -04242024 IFB Document

iii STATE OF MARYLAND
STATE TREASURER’S OFFICE (STO )
KEY INFORMATION SUMMARY SHEET
Invitation for Bids Service – Information Technology Organizational Analysis
Solicitation Number: IFB – ITOA - 04242024
IFB Issue Date: April 24, 2024
IFB Issuing Office: State Treasurer’s Office (STO or the “Office”)
Procurement Officer:
e-mail:
Office Phone: Kris C hewlin
80 Calvert S treet
Annapolis, MD 21401
kchewlin@t reasurer. state.md.us
410-260-7428
Bids are to be sent to: eMMA Portal or via Trackable Mail or Hand Delivery
Pre-Bid Conference: No Pre -Bid Conference
Questions Due Date and Time May 6, 2024
2:00pm EST
Send questions to: kchewlin@treasurer.state.md.us
Subject l ine must be : Q uestion s – IFB ITOA -04242024
Bid Due (Closing) Date and Time: May 16, 2024
1:00pm EST
Bidder s are reminded that a completed Feedback Form is requested if a no -bid
decision is made (see page i i).
Public Bid Opening Date, Time and
Location: May 16, 2024
2:00 pm EST
80 Calvert Street, Annapolis, Maryland 21401 Room 106 Conf. Room
MBE Subcontracting Goal: Not Applicable
VSBE Subcontracting Goal: Not Applicable
Contract Type: Firm Fixed Price for base period
Contract Duration: One Year – Cost not to exceed $100k (6 month base w/6 month option)
Primary Place of Performance: 80 Calvert Street
Attn: Maryland State Treasurer’s Office
Annapolis, MD 21401
SBR Designation: Yes
Federal Funding: No

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iv TABLE OF CONTENTS – IFB
1.Minimum Qualifications ................................................................................................................. 1
1.1 Bidder Minimum Qualifications .............................................................................................. 1
2 Contractor Requirements: Scope of Work ..................................................................................... 2
2.1 Summary Statement ................................................................................................................ 2
2.2 Background and Purpose ........................................................................................................ 2
2.3 Contractor Requirements ........................................................................................................ 3
3 Contractor Requirements: General ................................................................................................ 5
3.1 Contract Initiation Requirements ............................................................................................. 5
3.2 Reserved ................................................................................................................................. 5
3.3 Invoicing ................................................................................................................................ 5
3.4 Liquidated Damages ............................................................................................................... 7
3.5 Insurance Requirements .......................................................................................................... 7
3.6 Minority Business Enterprise (MBE) Reports .......................................................................... 8
3.7 Veteran Small Business Enterprise (VSBE) Reports ................................................................ 8
3.8 Work Orders ........................................................................................................................... 8
3.9 Additional Clauses .................................................................................................................. 8
4 Procurement Instructions ............................................................................................................. 10
4.1 eMaryland Marketplace Advantage (eMMA) ........................................................................ 10
4.2 Questions .............................................................................................................................. 10
4.3 Procurement Method ............................................................................................................. 10
4.4 Bid Due (Closing) Date and Time ......................................................................................... 10
4.5 Multiple or Alternate Bids .................................................................................................... 11
4.6 Receipt, Opening and Recording of Bids ............................................................................... 11
4.7 Confidentiality of Bids / Public Information Act Notice ........................................................ 11
4.8 Award Basis ......................................................................................................................... 11
4.9 Tie Bids ................................................................................................................................ 11
4.10 Duration of Bids ................................................................................................................... 12
4.11 Revisions to the IFB ............................................................................................................. 12
4.12 I
ncurred Expenses ................................................................................................................. 12
4.13 Protest/Disputes .................................................................................................................... 12
4.14 Bidder Responsibilities ......................................................................................................... 12
4.15 Acceptance of Terms and Conditions .................................................................................... 13

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v 4.16 Bid/Proposal Affidavit .......................................................................................................... 13
4.17 Contract Affidavit ................................................................................................................. 13
4.18 Compliance with Laws/Arrearages ........................................................................................ 13
4.19 Verification of Registration and Tax Payment ....................................................................... 14
4.20 False Statements ................................................................................................................... 14
4.21 Payments by Electronic Funds Transfer ................................................................................ 14
4.22 Prompt Payment Policy ......................................................................................................... 14
4.23 Electronic Procurements Authorized ..................................................................................... 15
4.24 MBE Participation Goal ........................................................................................................ 16
4.25 VSBE Participation Goal ...................................................................................................... 16
4.26 Living Wage Requirements ................................................................................................... 16
4.27 Federal Funding Acknowledgement ...................................................................................... 17
4.28 Conflict of Interest Affidavit and Disclosure ......................................................................... 17
4.29 Non-Disclosure Agreement (Bidder) ..................................................................................... 17
4.30 Non-Disclosure Agreement (Contractor) ............................................................................... 17
4.31 HIPAA - Business Associate Agreement ............................................................................... 17
4.32 Nonvisual Access ................................................................................................................. 17
4.33 Mercury and Products That Contain Mercury ........................................................................ 17
4.34 Location of the Performance of Services Disclosure .............................................................. 18
4.35 Department of Human Services (DHS) Hiring Agreement ..................................................... 18
4.36 Small Business Reserve (SBR) Procurement ......................................................................... 18
4.37 Maryland Healthy Working Families Act Requirements ........................................................ 18
5 Bid Format .................................................................................................................................... 19
5.1 One Part Submission ............................................................................................................. 19
5.2 Labeling ............................................................................................................................... 19
5.3 Bid Price Form ..................................................................................................................... 19
5.4 Required Bid Submission ...................................................................................................... 19
5.
5 Delivery ................................................................................................................................ 20
5.6 Documents Required upon Notice of Recommendation for Contract Award .......................... 21
6 Bid Evaluation and Award ........................................................................................................... 22
6.1 Bid Evaluation Criteria ......................................................................................................... 22
6.2 Reciprocal Preference ........................................................................................................... 22
6.3 Award Determination ........................................................................................................... 22
7 IFB ATTACHMENTS AND APPENDICES ............................................................................... 23

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vi Attachment A. Pre-Bid Conference Response Form ...................................................................... 25
Attachment B. Bid Instructions & Form ........................................................................................ 26
Attachment C. Bid/Proposal Affidavit ............................................................................................ 28
Attachment D. Maryland Living Wage Affidavit of Agreement for Service Contracts ................ 36
Attachment E. Contract .................................................................................................................. 40
Attachment F. Contract Affidavit .................................................................................................. 56
8 Appendix 1. – Abbreviations and Definitions ............................................................................... 60
9 Appendix 2. Bidder Information Sheet ......................................................................................... 62
10 Appendix 3. Evidence of Insurance ............................................................................................. 63
TH
E REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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1 1.Minimum Qualifications
1.1 Bidder Minimum Qualifications
1.1.1 The awarded vendor shall have at least one designated employee to handle the analysis of STO.
The employee(s) assigned to this project must have a minimum of five years of experience in
performing and reporting analysis for Information Technology Departments. Preference will be given to employees who have experience in performing analysis for Government entities.
*Required Documentation : As proof of meeting this requirement, the Offeror shall provide wit
h
i
ts bid three or more references within the past five years that are able to collectively attest to th e
O
fferor’s required years of experience in providing the required analysis.
1.1.2 Consultants assigned to this project must meet the following minim um qualifications :
•A bachelor’s degree in data science, management information systems, cybersecurity,computer engineering or related field.
•Five years of experience in IT Management or Technical Consulting
•At least one year of experience planning and directing the work of IT professionals
1.1.3 The awarded vendor shall make its best effort to assign staff to this project that have the
following preferred qualifications :
•Experience analyzing computer systems and making recommendations for upgrades
and/or changes Demonstrated proficiency in analyzing the security of an organization’s
network and electronic data.
•Ability to recognize inefficiencies and vulnerabilities within a computer system.
•Experience speaking with and presenting ideas and recommendations to senior levelmanagement.
•Experience determining personnel needs for an IT department for both short term a
nd
l
ong-term planning.
TH
E REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 2 Contractor Requirements: Scope of Work
2.1 Summary Statement
2.1.1 The State Treasurer’s Office (STO or the " Office ") is issuing this Invitation for Bids ( IFB) in
order to procure the services defined in this Section 2, as specified in this IFB, from a c ontract
between the successful bidder(s) and the State Treasurer’s Office : Information Technology
Operational Analysis.
2.1.2 It is the State’s intention to obtain goods and services , as specified in this IFB , from a Contract
between the selected Bidder and the State.
2.1.3 The Office intends to make a single award for the work under this IFB. See IFB Section 4.8
Award Basis for more Contract award information.
2.1.4 A Bidder , either directly or through its subcontractor(s), must be able to provide all goods and
services and meet all of the requirements requested in this solicitation and the successful Bidder
(the Contractor) shall remain responsible for Contract performance regardless of subcontractor
participation in the work.
2.1.5 The staff assigned to this project must agree to report to the Office at 80 Calvert Street, Annapolis,
Maryland 21401 as regularly as the Office deems necessary.
2.2 Background and Purpose
The Maryland State Treasurer’s Office (STO) information technology (IT) division is responsible
for daily traditional information technology operations including but not limited to help desk
management, application development, communication services, software management cybersecurity and cloud services. Additionally, the IT division assists in the daily operations of the Banking Division by performing transmission of various types of payment transactions
ranging from collecting revenue to expending funds to and from numerous sources such as the
Comptroller’s Office and the State’s Contracted banks. Following the transactions, information is received from the State’s banks to be used for reconciliation of the State’s General Ledger as well
as disbursed to various State agencies for accounting purposes. Currently, the banking processes
are done through an IBM AS400 server. However, the office is in the midst of converting its operations from the server to a cloud- based technology, specifically, Microsoft Azure
Commercial cloud running the Microsoft Dynamics 365 applications.
The office has successfully implemented a CRM solution for gathering claims data for the Insurance Division and an F&O solution for the Budget and Accounting Division which handles vendor and intrastate payments, and has recently implemented the successful integration of
claims payments between CRM and F&O. The final phase of the project is currently under
development for full automation of Banking Services processes within our Treasury Management division. File transfers are being converted to a multi -file transfer system using a file
transmission platform called GoAnywhere and the reconciliation work of Banking Services is expected to be done using the F&O module of Dynamics.
In terms of the daily operations of the office, the IT division is responsible for maintaining the
Azure environment and several administrative on- premises servers. The current IT office is
staffed by eight full -time employees and supports nearly 100 STO employees and contractors.
The office is also currently responsible for the security of the files that are transmitted as well as
the maintenance of a wireless and hard -wired network. Finally, the office is responsible for
printing the majority of all State checks.

Information Technology Operational An alysis
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3 Please refer to detailed specifications in Section 2.3.1 .
2.3 Contractor Requirements
2.3.1 Meet with STO and IT leadership as soon as is reasonably practicable to discuss
expectations and develop a work plan. Communicate and provide deliverables as required
by STO approved work plan.
2.3.2 Meet with all the relevant business units to discuss their individual IT business needs and
support expectations and discuss how IT is currently meeting those and opportunities for improvement.
2.3.3 Meet with the IT project team to understand what is being developed to better understand what the future state of operations will look like for STO IT.
2.3.4 Meet with the IT staff to understand their current roles and to develop an appropriate staffing and organizational plan based upon the future state of STO IT.
2.3.5 Develop a plan for how best to support and encourage improvements to the system and the staffing needed to facilitate, develop, and deploy the improvements.
2.3.6 Identify and share other best practices from other public sector IT divisions, particularly those with a Treasury function using a cloud based solution.
2.3.7 Prepare an assessment document considering current and future STO IT state:
i. An Executive Summary reflective of total assessment and strategic plan to be addressed
in a summary to Executive Leadership which shall include but be limited to:
1.D
ocumentation of all current processes and practices, current workload, staff a nd
ope
rational workflow.
2. Recommendation of process improvements with appropriate measurements a nd
m
etrics to monitor progress.
3. Recommendations to organizational structure and business practices, including current
operational activities, that will provide optimal success in the final stages ofimplementation to the new ERP.
ii. An IT assessment covering overall health, adequacy, cost effectiveness and bestpractices. This IT assessment shall include but not be limited to:
1.
D
ocumentation of opportunities to reduce operational cost and increase efficiencies.
2.A
n action plan for implementing recommendations over a given period of time.
iii. A Project Plan complete with benchmarks and deliverables.
2.3.8 The Contractor shall develop and deliver a presentation of the findings and
recommendations to be presented to Executive Leadership at an agreed -upon time.
2.3.9 The Contractor shall present a project schedule outlining planned and actual deliverable dates for major milestones, drafts and final documents described in 2. 3.1 through 2.3.8.

Information Technology Operational An alysis
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4 2.4 Deliverable Submission Process
For each written deliverable, drafts and final, the Contractor shall submit to the Contract Monitor
one electronic copy in Microsoft Word or Power Point Format.
Drafts of all final deliverables are required to be submitted at least three weeks in advance of when the final deliverables are due. Written deliverables defined as draft must demonstrate due
diligence in meeting the scope and requirements of the associated final written deliverable. A
draft written deliverable shall contain limited errors such as poor grammar, misspellings,
typographical errors or incorrect punctuation.
2.4.1 Services Specification s
As the IT division is in the midst of moving away from the server to a cloud- based solution, STO
seeks the services of a firm to advise on the best and most appropriate staffing and operational
model. This would include an assessment of the current operational environment, providing recommendations for best practices for an organization using an agile product development, and
how best to manage organizational changes and improvements through technology. This review of the IT operations should be performed in the context of the IT division operating in the public government sector.
2.4.1.1 The awarded vendor shall prepare an analysis to include recommendations for the appropriate
mix of staffing, (state employees and contractor), and an operational model for STO’s IT division.
Recommendations will include:
•project management practices ;
•financial and risk management practices ;
•quality control ;
•the appropriate size and roles for the IT division;
•roles and responsibilities between the IT division and the business units ;
•how to identify and implement improvements to the cloud based technology;
•the role of the division in daily operations and its responsibilities ;
•cost-effective improvements ;
•opportunities for cost savings ;
•an action plan for improvement in service delivery and operations consistent
with industry best practices ;
•the cybersecurity efforts of the office; and
•any additional, relevant recommendations resulting from the analysis .
2.4.1.2 The required analysis shall evaluate:
•overall health of each area according to objective and subjective benchmarks ;
•effectiveness of services for current and future organization;
•comparison to industry best practices ; and
•overall cost effectiveness

Information Technology Operational An alysis
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5 3 Contractor Requirements: General
3.1 Contract Initiation Requirements
THIS SECTION IS INAPPLICABLE TO THIS IFB .
3.2 Reserved
3.2.1 Return and Maintenance of State Data
3.2.1.1 Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the
State all State data in either the form it was provided to the Contractor or in a mutually agreed
upon format along with the schema necessary to read such data; (b) preserve, maintain, and
protect all State data until the earlier of a direction by the State to delete such data or the
expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and
permanently delete all State data in all of its forms, such as log-ins and stored passwords,
templates , disk, CD/DVD, backup tape and paper such that it is not recoverable, according to
National Institute of Standards and Technology ( NIST )-approved methods with certificates of
destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90- day data retention period.
3.2.1.2 During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor .
3.2.1.3 In addition to the foregoing, the State shall be entitled to any post -termination/expiration
assistance generally made available by Contractor with respect to the services.
3.3 Invoicing
3.3.1 General
3.3.1.1 The Contractor shall e- mail the original of each invoice and signed authorization of invoice to
STO Accounts Payable at e-mail address: STOAccountspayable@treasurer.state.md.us .
All invoices for services shall be verified by the Contractor as accurate at the time of submission.
An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09)
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 wereperformed);
5.Invoice date;
6.Invoice number;
7.State assigned Contract number;
8.State assigned (Blanket) Purchase Order number(s) if applicable ;
9.Goods or services provided;

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6 10.Amount due; and
11.Any additional documentation required by regulation or the Contract.
Invoices that contain both fixed price and time and material items shall clearly identify each item
as either fixed price or time and material billing.
The Office reserves the right to reduce or withhold Contract payment in the event the Contractor
does not provide the Office 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 .
Any action on the part of the Office , or dispute of action by the Contractor, shall be in accordance
with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15- 215 through
15-223 and with COMAR 21.10.04.
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.
Invoices shall not be paid via purchasing card and the State shall not pay and fees incurred by the
contractor.
Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work
requirements have been completed and no further charges are to be incurred under the Contract .
In no event shall any invoice be submitted later than 60 calendar days from the Contract
termination date.
3.3.2 Invoice Submission Schedule
The Contractor shall submit invoices in accordance with the following schedule:
a)For items of work for which there is one -time pricing (see Attachment B – Bid Form )
t
hose items shall be billed in the month following the acceptance of the work by the
Office .
3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:
a)The amount invoiced is inconsistent with the Contract ;
b)The proper invoice has not been received by the party or office specified in the Contract ;
c)The invoice or performance is in dispute or the Contractor has failed to otherwise complywith 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 stock delivered is damaged to the point that its unusable,
g)The items or services do not meet the quality requirements of the Contract;
h)If the Contract provides for progress payments, the proper invoice for the progresspayment has not been submitted pursuant to the schedule ;
i)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
j)The Contractor has not submitted satisfactory documentation or other evidencereasonably required by the Procurement Officer or by the C ontract concerni
ng
pe
rformance under the C ontract and compliance with its provisions.
3.3.4 Travel Reimbursement
Travel will not be reimbursed under this IFB .

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7 a)There shall be no reimbursement for Routine Travel . Contractor shall not be reimbursed
for Non -Routine Travel without prior Contract Monitor approval.
b)Routine Travel is defined as travel within a 50 -mile radius of the Office ’s base location,
as identified in the IFB , or the Contractor’s facility, whichever is closer to the consulting
site. There will be no payment for labor hours for travel time or reimbursement for any
travel expenses for work performed within these radiuses or at the Contractor’s facility.
c)Non-routine Travel is defined as travel beyond the 50- mile radius of Office ’s bas e
lo
cation, as identified in the IFB , or the Contractor’s facility, whichever is closer to the
consulting site . Non-routine travel will be reimbursed according to the State’s trave l
r
egulations and reimbursement rates, which can be found at : www.DBM.maryland.gov -
search : Fleet Management . If non -routine travel is conducted by automobile, the first 50
miles of such travel will be treated as routine travel and as described in S ection 3. 3.4.b,
a
nd will not be reimbursed. The Contractor may bill for labor hours expended in non-
routine traveling beyond the identified 50- mile radius, only if so specified in the IFB or
W
ork Order.
3.4 Liquidated Damages
3.4.1 MBE Liquidated Damages
Inapplicable because there is no MBE goal for this IFB .
3.4.2 Liquidated Damages other than MBE
THIS SECTION IS INAPPLICABLE TO THIS IFB.
3.5 Insurance Requirements
The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any
minimum requirements established by law if higher, for the duration of the Contract, including
option periods, if exercised:
3.5.1 The following type(s) of insurance and minimum amount(s) of coverage are required:
a)Commercial General Liability - of $1,000,000 combined single limit per occurrence for
bodily injury, property damage, and personal and advertising injury and $3,000,000
annual aggregate. The minimum limits required herein may be satisfied through any
combination of primary and umbrella/excess liability policies.
b)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. T he State of Maryland and the Office should be added as a “loss
payee.”
d)Cyber Security / Data Breach Insurance – (For any service offering hosted by the
Contractor) one million dollars ($1,000,000) per occurrence. The coverage must be valid
at all locations where work is performed or data or other information concerning theState’s claimants or employers is processed or stored.
e)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 . on
e
m
illion 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.

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8 f)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 thos e
r
equired by the State of Maryland.
3.5.2 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.
3.5.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide
the Procurement Officer, 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.
3.5.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized
to do business in the State.
3.5.5 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.
3.5.6 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.
3.5.7 On-Site Security Requirement(s) :
a)For the conditions noted below, Contractor Personnel may be barred from entrance orleaving 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 a
nd
l
eaving State secured areas. The State reserves the right to require Contractor
Personnel to be accompanied while in secured premises.
3.6 Minority Business Enterprise (MBE) Reports
This solicitation does not include an MBE Goal
3.7 Veteran Small Business Enterprise (VSBE) Reports
This solicitation does not include a VSBE Goal
3.8 Work Orders
THIS SECTION IS INAPPLICABLE TO THIS IFB.
3.9 Additional Clauses
3.9.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products
and Services (EPPs)

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9 Maryland’s State Finance & Procurement Article §14 -410 de fines environmentally preferable
purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced
effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.
3.9.2 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.
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10 4 Procurement Instructions
4.1 eMaryland Marketplace Advantage (eMMA )
4.1.1 eMMA is the electronic commerce system for the State of Maryland. The IFB , Conference
summary and attendance sheet, Bidder s’ questions and the Procurement Officer’s responses,
addenda, and other solicitation- related information will be made available via eMMA .
4.1.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.
Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and
then follow the prompts.
4.2 Questions
4.2.1 All questions , including concerns shall be identif ied in the subject line “Questions IFB # ITOA -
04242024” and shall be submitted in writing via e-m ail to the Procurement Officer @
kchewlin@treasurer.state.md.us by May 6, 2024 at 2: 00pm EST.
4.
2.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA .
4.2.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Office unless it issues an amendment in writing.
4.3 Procurement Method
A Contract will be awarded in accordance with the Competitive Sealed Bidding method under
COMAR 21.05. 02.
4.4 Bid Due (Closing) Date and Time
4.4.1 Bids, in the number and form set forth in Section 5 Bid Format , must be received by the
Procurement Officer no later than the Bid due date and time indicated on the Key Information
Summary Sheet in order to be considered.
4.4.2 Requests for extension of this date or time shall not be granted.
4.4.3 Bidder s submitting Bid s should allow sufficient delivery time to ensure timely receipt by the
Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due
date and time listed in the Key Information Summary Sheet will not be considered.
4.4.4 The date and time of a submission is determined by the date and time of arrival in the e lectronic
stamp on eMMA or the date stamp receipt on any hard copies that may be submitted.
4.4.5 Bids 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 Bids.
4.4.6 Bids may be submitted by eMMA or in hard- copy format only . No fax or email bids will be
accepted. Bid s will be opened publicly at the date and time indicated on the Key Information
Summary Sheet .
4.4.7 Potential Bidder s not responding to this solicitation are requested to submit the “No Bid
Notice/Vendor Feedback ” form, which includes company information and the reason for not
responding (e.g., too busy, cannot meet mandatory requirements) .

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11 4.5 Multiple or Alternate Bids
Multiple or alternate Bid s will not be accepted.
4.6 Receipt, Opening and Recording of Bids
4.6.1 Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place
until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.
4.6.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to
Vendors) . The name of each Bidder, the Total Bid Price, and such other information as is
deemed appropriate shall be read aloud or otherwise made available and recorded at the time of
bid opening.
4.7 Confidentiality of Bids / Public Information Act Notice
4.7.1 The Bidder should give specific attention to the clear identification of those portions of its Bid
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. This information should be identified by page number and placed in the Transmittal Letter with the Bid.
4.7.2 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public
inspection at a reasonable time after Bid opening, but in any case, before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall
be readily separable from the Bid in order to facilitate public inspection of the non-confidential
portion of the Bid, including the Total Bid Price.
4.7.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids
to determine the validity of any requests for nondisclosure of trade secrets and other proprietary
data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.
4.8 Award Basis
4.8.1 A Contract shall be awarded to the responsible Bidder (s) submitting a responsive Bid with the
most favorable bid price or most favorable evaluated bid price (as referenced in COMAR
21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.
4.8.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Office following any
required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.
4.9 Tie Bids
Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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12 4.10 Duration of Bids
Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days
following the Bid due date and time or the date any protest concerning this IFB is finally
resolved . This period may be extended at the Procurement Officer’s request only with the
Bidder ’s written agreement.
4.11 Revisions to the IFB
4.11.1 If the IFB is revised before the due date for Bid s, the Office shall post any addenda to the IFB on
eMMA and shall endeavor to provide such addenda to all prospective Bidder s that were sent this
IFB or are otherwise known by the Procurement Officer to have obtained this IFB . It remains the
responsibility of all prospective Bidder s to check eMMA for any addenda issued prior to the
submission of Bid s.
4.11.2 Bidders shall a cknowledge the receipt of all addenda to this IFB issued before the Bid due date .
4.11.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with
the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to
be deemed not re sponsive.
4.11.4 The State reserves the right to cancel this IFB , accept or reject any and all Bids, in whole or in
part, received in response to this IFB and to waive or permit the cure of minor irregularities .
4.11.5 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).
4.11.6 If the services that are the subject of the IFB 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 IFB
may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3 -
207(b)(2).
4.12 Incurred Expenses
The State will not be responsible for any costs incurred by any Bidder in preparing and
submitting a Bid or performing any other activities related to submitting a Bid in response to this
solicitation.
4.13 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) .
4.14 Bidder Responsibilities
4.14.1 Bidder s must be able to provide all goods and services and meet all of the requirements requested
in this solicitation and the successful Bidder shall be responsible for Contract performance
including any subcontractor participation.
4.14.2 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) to this
IFB (see Section 4.2 4 “MBE Participation Goal” and Section 4.2 5 “VSBE Goal ”).

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13 4.14.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder ,
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 Bidder , unless the parent organization is willing to guarantee the
performance of the subsidiary. If applicable, the Bidder ’s Bid 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.
4.14.4 A parental guarantee of the performance of the Bidder under this Section will not automatically
result in crediting the Bidder with the experience or qualifications of the parent under any
evaluation criteria pertaining to the actual Bidder ’s experience and qualifications. Instead, the
Bidder ’s responsibility will be assessed to the extent to which the State determines that the
experience and qualifications of the parent are applicable to and have been shared with the Bidder , 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.
4.15 Acceptance of Terms and Conditions
By submitting a Bid in response to this IFB , the Bidder , if selected for award , shall be deemed to
have accepted the terms and conditions of this IFB and the Contract, attached hereto as
Attachment E. Any exceptions to this IFB or the Contract must be raised prior to Bid
submission . All exceptions will be taken into consideration when evaluating the Offeror’s
Bid. The STO reserves the right to accept or reject any exceptions.
Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.
4.16 Bid/Proposal Affidavit
A Bid submitted by the Bidder must be accompanied by the completed Bid/Proposal Affidavit
included as Attachment C of this IFB.
4.17 Contract Affidavit
All Bidder s are advised that if a Contract is awarded as a result of this solicitation, the successful
Bidder will be required to complete the Contract Affidavit which is included as Attachment F of
this IFB. 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.
4.18 Compliance with Laws/Arrearages
By submitting a Bid in response to this IFB , the Bidder , 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 Bidder 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.

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14 4.19 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 Bidder complete registration prior to the Bid due
date and time . The Bidder ’s failure to complete registration with SDAT may disqualify an
otherwise successful Bidder from final consideration and recommendation for Contract award.
4.20 False Statements
Bidder s are advised that Md. Code Ann., State Finance and Procurement Article, § 11 -205.1
provides as follows:
4.20.1 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.
4.20.2 A person may not aid or conspire with another person to commit an act under Section 4.20.1 .
4.20.3 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.
4.21 Payments by Electronic Funds Transfer
By submitting a Bid in response to this solicitation, the Bidder , if selected for award:
4.21.1 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 Bidder shall register using the COT/GAD X -10 Vendor Electronic Funds (EFT)
Registration Request Form.
4.21.2 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 :
h
ttp://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/St
atic_Files/GADX10Form20150615.pdf.
4.22 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” .
Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf .

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15 4.23 Electronic Procurements Authorized
4.23.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Office 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.
4.23.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder 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 IFB, electronic
records and signatures by an authorized representative will satisfy a requirement for written
submission and signatures.
4.23.3 “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.
4.23.4 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 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:
The Procurement Officer may conduct the procurement using eMMA t o issue:
1) T he IFB;
2) A ny amendments ;
3) P re-Bid conference documents ;
4) Q uestions and responses ;
5) C ommunications regarding the solicitation or Bid to any Bidder or potential Bidder;
6) N otices of award selection or non- selection; and
7) T he Procurement Officer’s decision on any Bid protest or Contract claim.
The Bidder or potential Bidder may use eMMA to:
8) Submit Bids;
9) A sk questions regarding the solicitation;
10) R eply to any material received from the Procurement Officer by electronic means that
includes a Procurement Officer’s request or direction to reply through eMMA, but onlyon the terms specifically approved and directed by the Procurement Officer ; and
11) S ubmit a " No Bid Notice/Vendor Feedback Form " to the IFB .
The Procurement Officer, the Contract Monitor , and the Contractor may conduct day- to-day
Contract administration, utilizing e -mail, or other electronic means if authorized by the
Procurement Officer or Contract Monitor.
4.23.5 The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:
A.Submission of initial Bid s, except through eMMA ;
B.Filing of bid protests;
C.Filing of Contract claims;
D.Submission of documents determined by the Office to require original signatures (e.g.,
Contract execution, Contract modifications); or

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16 E.Any transaction, submission, or communication where the Procurement Officer has
specifically directed that a response from the Contractor or Bidder be provided in writing
or hard copy.
4.23.6 Any e-mail transmission is only authorized to the 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.
4.24 MBE Participation Goal
There is no MBE subcontractor participation goal for this procurement.
4.25 VSBE Participation Goal
There is no VSBE subcontractor participation goal for this procurement.
4.26 Living Wage Requirements
a)Maryland law requires that contractors meeting certain conditions pay a living wage tocovered employees on State service contracts over $100,000. Maryland Code Ann., State
Finance and Procurement Article , § 18- 101 et al. The Commissioner of Labor a
nd
I
ndustry at the Department of Labor requires that a contractor subject to the Living Wage
law submit payroll records for covered employees and a signed statement indicating thatit paid a living wage to covered employees; or receive a waiver from Living Wag
e
r
eporting requirements. See COMAR 21.11.10.05.
b)If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wag e
la
w 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 .
I
nformation pertaining to reporting obligations may be found by going to the Maryla nd
Department of Labor website
http://www.dllr.state.md.us/labor/prev/livingwage.shtml .
c)Additional information regarding the State’s living wage requirement is contained in D .
B
idder s must complete and submit the Maryland Living Wage Requirements Affidavit of
Agreement (Attachment D) with their Bids. If the Bidder fails to complete and submit
the required documentation, the State may determine the Bidder to not be responsible
under State law.
d)Contractors and subcontractor s subject to the Living Wage Law shall pay each covered
employee at least the minimum amount set by law for the applicable Tier area. Th e
s
pecific living wage rate is determined by whether a majority of services take place in a
T
ier 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)T
he Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel
and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any count y
i
n 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 responsiblefor 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 arelocated. 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 th
e

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17 majority of the service recipients are located. In this circumstance, the Contract
will be determined to be a Tier 1 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 ofthe services. The Bidder must identify in its Bid the location(s) from whic
h
s
ervices 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 servi ce
r
ecipients are located. See COMAR 21.11.10.07.
f)The Bidder shall identify in the Bid 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 or a change in the State minimum wage . The
C
ontractor shall be responsible for any wage/rate increase during the term of the Contract
and such increase may not be passed on to the State.
4.27 Federal Funding Acknowledgement
This Contract does not contain federal funds.
4.28 Conflict of Interest Affidavit and Disclosure
A Conflict of Interest is not required for this procurement.
4.29 Non-Disclosure Agreement (Bidder)
A Non -Disclosure Agreement ( Bidder ) is not required for this procurement.
4.30 Non-Disclosure Agreement (Contractor)
A Non -Disclosure Agreement (Contractor) is not required for this procurement.
4.31 HIPAA - Business Associate Agreement
A HIPAA Business Associate Agreement is not required for this procurement.
4.32 Nonvisual Access
This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.
4.33 Mercury and Products That Contain Mercury
This solicitation does not include the procurement of products known to likely include
mercury as a component.

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18 4.34 Location of the Performance of Services Disclosure
This solicitation does not require a Location of the Performance of Services Disclosure.
4.35 Department of Human Services (DHS) Hiring Agreement
This solicitation does not require a DHS Hiring Agreement.
4.36 Small Business Reserve (SBR) Procurement
This solicitation is designated as a Small Business Reserve (SBR) Procurement.
4.37 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/ .
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19 5 Bid Format
5.1 One Part Submission
Each Bidder shall submit its Bid with all Required Bid Submissions (see IFB Section 5.4) in a single
sealed package.
5.2 Labeling
Each Bidder is required to label the sealed Bid with the IFB title and number, name and address of the
Bidder, and closing date and time for receipt of the Bids.
5.3 Bid Price Form
The Bid shall contain all price information in the format specified on the Bid Form . The Bidder shall
complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form . Do not amend,
alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on
or attached to the Bid Form. Failure to adhere to any of these instructions may result in the Bid being
determined to be non-responsive and rejected by the Office .
5.4 Required Bid Submission
A Bidder shall include the following with its Bid:
5.4.1 Bidder Information Sheet (see Appendix 2)
5.4.2 Acknowledgement of all addenda to this IFB.
5.4.3 Minimum Qualifications Documentation . The Bidder shall submit any Minimum
Qualifications documentation that may be required, as set forth in IFB Section 1 . If references are
required in IFB Section 1 , those references shall be submitted in this section and shall contain the
information described in both Section 1 .
5.4.4 Completed Required Attachments . If submitting hard copy, submit three (3) copies of each
with original signatures:
1)Completed Bid Form ( Attachment B ).
2)Completed Bid Affidavit ( Attachment C ).
3)Completed Maryland Living Wage Requirements Affidavit of Agreement ( Attachment
D).
5.4.5 References . At least three (3) references are requested from customers who are capable of
documenting the Bidder ’s ability to provide the goods and services specified in this IFB.
References used to meet any Minimum Qualifications (see IFB Section 1 ) may be used to meet
this request . Each reference shall be from a client for whom the Bidder 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 Office reserves the right to request additional references or utilize references not provided by
the Bidder. Points of contact must be accessible and knowledgeable regarding Bidder
performance.

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20 5.4.6 List of Current or Prior State Contracts . Provide a list of all contracts with any entity of the
State of Maryland for which the Bidder is currently performing goods and services or for which
services have been completed within the last five (5) years . For each identified contract, the
Bidder 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 Bidder ’s level of performance on State contracts will be used
by the Procurement Officer to determine the responsibility of the Bidder and considered as part of
the experience and past performance evaluation criteria of the IFB .
5.4.7 Financial Capability . The Bidder must include in its Bid a commonly- accepted method to prove
its fiscal integrity for the last two (2) years (independently audited preferred).
5.4.8 Certificate of Insurance. The Bidder shall provide a copy of its current certificate of insurance
showing the types and limits of insurance in effect as of the Bid submission date . The current
insurance types and limits do not have to be the same as described in Section 3. 5. See Section 3. 5
for the required insurance certificate submission for the apparent awardee.
5.4.9 Subcontractors . The Bidder shall provide a complete list of all subcontractor s that will work on
the Contract if the Bidder receives an award, including those utilized in meeting the MBE and
VSBE subcontracting goal (s), if applicable . This list shall include a full description of the duties
each subcontractor will perform and why/how each subcontractor was deemed the most qualified for this project. 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 IFB .
5.4.10 Legal Action Summary. This summary shall include:
1)A statement as to whether there are any outstanding legal actions or potential claimsagainst the Bidder and a brief description of any action;
2)A brief description of any settled or closed legal actions or claims against the Bidder over
the past five (5) years;
3)A description of any judgments against the Bidder within the past five (5) years,
including the court, case name, complaint number, and a brief description of the finalruling or determination; and
4)In instances where litigation is ongoing and the Bidder has been directed not to disclose
information by the court, provide the name of the judge and location of the court.
5.5 Delivery
5.5.1 Bids shall only be accepted via the State’s internet -based electronic procurement system, eMMA
or by trackable mail or hand delivery to State Treasurer’s Office - 80 Calvert Street, Room 109
Annapolis, MD 21401 Attn: Kris Chewlin , Procurement Manager.

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21 5.6 Documents Required upon Notice of Recommendation for Contract Award
Upon receipt of a notification of recommendation for contract award, the following documents shall be
completed and submitted by the recommended awardee within five (5) business days, unless noted
otherwise. Submit one (1) electronic cop y of each of the following documents:
A.Signed contract ( Attachment E),
B.Completed C ontract Affidavit (Attachment F),
C.Copy of a current certificate of insurance with the prescribed limits set forth in IFB
S
ection 3. 5 “Insurance Requirements,” listing the State as an Additional I nsured, if
applicable; see IFB Section 3. 5.
TH
E REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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22 6 Bid Evaluation and Award
6.1 Bid Evaluation Criteria
The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.02.13. All responsible
Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price
based on the Total Bid Price as submitted on the Attachment B - Bid Form .
6.2 Reciprocal Preference
6.2.1 Although Maryland law does not authorize procuring agencies to favor resident Bidders 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 Bidder;
b)The lowest responsive Bid is from a responsible Bidder whose principal office, orprincipal base of operations is in another state;
c)The other state gives a preference to its resident businesses through law, policy, orpractice; and
d)The preference does not conflict with a federal law or grant affecting the procurementContract.
e)The preference given shall be identical to the preference that the other state, through law,
policy, or practice gives to its resident businesses .
6.3 Award Determination
Award will be made to the responsible Bidder who submits to the State the responsive Bid that
has the lowest Total Bid Price.
6.4 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 Table 1 – IFB
Attachments and Appendices .
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E REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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23 7 IFB ATTACHMENTS AND APPENDICES
Instructions Page
A Bid submitted by the Bidder must be accompanied by the completed forms and/or affidavits identified
as “with Bid ” in the “When to Submit” column in Table 1 below . All forms and affidavits applicable to
this IFB, including any applicable instructions and/or terms, are identified in the “Applies” and “Label”
columns in Table 1.
For documents required as part of the Bid:
•For submissions on eMMA , submit one (1) copy of each with signatures.
•For paper submissions, submit two (2) copies of each with original signatures . All
s
ignatures must be clearly visible.
All Bidder s are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder
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 Table 1 below in the “When to Submit”
column.
For documents required after award, submit three (3) copies of each document within the appropriate
number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column.
Table 1: IFB ATTACHMENTS AND APPENDICES Applies?
When to Submit
Label
Attachment Name
Y With Bid B Bid Instructions and Form
Y With Bid C Bid/Proposal Affida vit
Y With Bid D Maryland Living Wage Requirements for Service
Contracts and Affidavit of Agreement )
Y 5 Business Days after
recommended award E Contract (included in this IFB)
Y 5 Business Days after
recommended award F Contract Affidavit
Appendices Applies?
When to Submit
Label
Attachment Name
Y n/a 1 Abbreviations and Definitions (included in this IFB )
With Bid 2 Bidder Information Sheet (see link at
http://procurement.maryland.gov/wp -

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24 Applies?
When to Submit
Label
Attachment Name
content/uploads/sites/12/2018/04/Appendix2 -
Bidder_OfferorInformationSheet.pdf )
Additional Submissions Applies?
When to Submit
Label
Document Name
Y 5 Business Days after
recommended award 6 Evidence of meeting insurance requirements
(see Section 3. 5); 1 copy

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25 Attachment A. Pre-Bid Conference Response Form
Solicitation Number IFB ITOA -04242024
Information Technology Organizational Analysis
This form is not applicable as we are not holding a pre- bid conference for this
procurement.
Please indicate:
Yes, the following representatives will be in attendance.
Attendees (Check the IFB 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 IFB § 4.1“Pre -Bid
conference”):
Bidder :
Bidder Name (please print or type)
By:
Signature/Seal
Printed Name:
Printed Name
Title:
Title
Date:
Date
Directions to the Pre- Bid Conference
From Baltimore: Take I -97 South until it ends, stay in left lanes and merge onto Rt. 50 East.
From Rt. 50 East take Exit 24A – Rowe Blvd. Stay right on exit ramp. Travel approximately 1 ½
miles on Rowe Blvd. Stay in left lane. After the bridge over College Creek, Rowe Blvd. will fork
–s
tay left (turns into Bladen St.). You can see the Treasury Building located in front of you (tw o
f
lag poles in front, weathervane on top, and a bronze statue of Louis Goldstein to the left of the
building). At traffic light, turn left onto Calvert Street. Go to end of block, turn left onto St. Johns
Street. Entrance to Calvert Street Garage is on left.

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26 Attachment B. Bid Instructions & Form
B-1 Bid Instructions
In order to assist each B idder in the preparation of its Bid and to comply with the requirements of this
solicitation, Bid Instructions and a Bid Form have been prepared . Each Bidder shall submit its Bid on the
Bid Form in accordance with the instructions on the Bid Form and as specified herein . Do not alter the
Bid Form or the Bid may be determined to be not responsive . The Bid Form is to be signed and dated,
where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid
Form .
The Bid Form is used to calculate the Bidder ’s TOTAL BID PRICE . Follow these instructions carefully
when completing your Bid Form :
A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15 . Make
your
decimal points clear and distinct.
B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service
identified in this IFB and may not be contingent on any other factor or condition in any manner.
C) All calculations shall be rounded to the nearest cent, e.g ., .344 shall be .34 and .345 shall be .35.
D) Any goods or services required through this IFB and proposed by the vendor at No Cost to the
State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00 .
E) Every blank in every Bid Form shall be filled in . Any changes or corrections made to the Bid
Form by the Bidder prior to submission shall be initialed and dated.
F) Except as instructed on the Bid Form , nothing shall be entered on or attached to the Bid Form that
a
lters or proposes conditions or contingencies on the prices . Alterations and/or conditions may render the
Bid not responsive.
G) It is imperative that the prices included on the Bid Form have been entered correctly and
calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid
Form . Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided i n
C
OMAR 21.05.02.12, and may cause the Bid to be rejected.
H) If option years are included, Bidder s must submit pricing for each option year . Any option to
renew will be exercised at the sole discretion of the State and comply with all terms and conditions in
force at the time the option is exercised . If exercised, the option period shall be for a period identified i n
t
he IFB at the prices entered in the Bid Form .
I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses
associated with the provision of services as required by the IFB . The Bid price shall include, but is not
limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs
necessary to perform the work set forth in the solicitation. No other amounts will be paid to the
Contractor . If labor rates are requested, those amounts shall be fully -loaded rates; no overtime amounts
will be paid.
J) Unless indicated elsewhere in the IFB , sample amounts used for calculations on the Bid Form are
t
ypically estimates for evaluation purposes only . Unless stated otherwise in the IFB , the Office does not
guarantee a minimum or maximum number of units or usage in the performance of the Contract .
K) Failure to adhere to any of these instructions may result in the Bid being determined not
responsive.

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27 B-1 Bid Form
The B id Form shall contain all price information in the format specified on these pages. Complete the
Bid Form only as provided in the Bid Instructions . Do not amend, alter or leave blank any items on
the Bid Form . If renewal options are included, Bidder s must submit pricing for each renewal option
term. Failure to adhere to any of these instructions may result in the Bid being determined not responsive.
C
onsultant rate per hour: $________________________
T
otal number of hours projected for Initial Term:
____________
T
otal for Initial Term: $_________________________
Total Amount for Initial and Renewal Option Must Not Exceed $100,000.00
Submitted by:
Signature of Authorized Representative Date
Printed Name and Title:
Telephone:
Email address:
Bidder Company Name:
Bidder Company Address:
Location(s) from which goods/services will be provided/performed (City/State):
FEIN:
eMMA #:

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28 Attachment C. Bid/Proposal Affidavit
A.AUTHORITY
I h
ereby affirm that I, _________________________________________ (name of affiant) am
the _______________________________________________ (title) and duly authorize d
r
epresentative of __________________________________ (name of business entity) and that I
possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B.CE
RTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
T
he undersigned Bidder/Offeror hereby certifies and agrees that the following information is
correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all
Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has notengaged in “discrimination” as defined in § 19- 103 of the State Finance and Procurement Articl
e
of
the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference,
distinction, or preference in the solicitation, selection, hiring, or commercial treatment of avendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, ornational 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,
disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, orcommercial customer’s employees or owners. “Discrimination” also includes retaliating against
any person or other entity for reporting any incident of “discrimination”. Without limiting any
other provision of the solicitation on this project, it is understood that, if the certification is false,such false certification constitutes grounds for the State to reject the Bid/proposal submitted by
the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.
As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within thepast four (4) years where there has been a final adjudicated determination in a legal oradministrative proceeding in the State of Maryland that the Bidder/Offeror discriminated agains
t
s
ubcontractors, vendors, suppliers, or commercial customers, and a description of the status or
resolution of that determination, including any remedial action taken. Bidder/Offeror agrees t o
c
omply in all respects 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.
B
-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES .
T
he undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the
State Minority Business Enterprise Law, State Finance and Procurement Article, § 14 -308(a)(2),
Annotated Code of Maryland, which provides that, except as otherwise provided by law, a
contractor may not identify a certified minority business enterprise in a Bid/proposal and:
(
1)F
ail to request, receive, or otherwise obtain authorization from the certified minority
business enterprise to identify the certified minority bid/proposal;
(
2) Fail to notify the certified minority business enterprise before execution of the
contract of its inclusion in the Bid/proposal;

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29 (3)F
ail to use the certified minority business enterprise in the performance of the
contract; or
(
4)P
ay the certified minority business enterprise solely for the use of its name in the
Bid/proposal.
W
ithout limiting any other provision of the solicitation on this project, it is understood that if the
certification is false, such false certification constitutes grounds for the State to reject the
Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded
based on the Bid/proposal.
B-2
CERTIFICATION REGARDING VETERAN- OWNED SMALL BUSINESS
ENTERPRISES .
T
he undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the
State veteran -owned small business enterprise law, State Finance and Procurement Article, § 14 -
605, Annotated Code of Maryland, which provides that a person may not:
(
1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid
another person in fraudulently obtaining or attempting to obtain public money,procurement contracts, or funds expended under a procurement contract to which the
person is not entitled under this title;
(
2) Knowingly and with intent to defraud, fraudulently represent participation of a
veteran -owned small business enterprise in order to obtain or retain a Bid/proposal
preference or a procurement contract;
(
3)W
illfully and knowingly make or subscribe to any statement, declaration, or other
document that is fraudulent or false as to any material matter, whether or not that
falsity or fraud is committed with the knowledge or consent of the person authorize d
or
required to present the declaration, statement, or document;
(
4)W
illfully and knowingly aid, assist in, procure, counsel, or advise the preparation or
presentation of a declaration, statement, or other document that is fraudulent or falseas to any material matter, regardless of whether that falsity or fraud is committed
with the knowledge or consent of the person authorized or required to present the
declaration, statement, or documen
t;
(
5)W
illfully and knowingly fail to file any declaration or notice with the unit that is
required by COMAR 21.11.13; or
(
6)E
stablish, knowingly aid in the establishment of, or exercise control over a business
found to have violated a provision of § B -2(1) -(5) of this regulation.
C.AF
FIRMATION REGARDING BRIBERY CONVICTIONS
I
FURTHER AFFIRM THAT:
N
either I, nor to the best of my knowledge, information, and belief, the above business (as is
defined in Section 16- 101(b) of the State Finance and Procurement Article of the Annotated Code
of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its

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30 employees directly involved in the business’s contracting activities including obtaining or
performing contracts with public bodies has been convicted of, or has had probation before
judgment imposed pursuant to Criminal Procedure Article, § 6- 220, Annotated Code of
Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law,
except as follows (indicate the reasons why the affirmation cannot be given and list any
conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their
current positions and responsibilities with the business):
_________________
___________________________________________
_________________
___________________________________________
D.AF
FIRMATION REGARDING OTHER CONVICTIONS
I
FURTHER AFFIRM THAT :
N
either I, nor to the best of my knowledge, information, and belief, the above business, or any of
its officers, directors, partners, controlling stockholders, or any of its employees directly involved
in the business’s contracting activities including obtaining or performing contracts with public
bodies, has:
(
1)B
een convicted under state or federal statute of:
(
a)A
criminal offense incident to obtaining, attempting to obtain, or performing a
public or private contract; or
(b)F
raud, embezzlement, theft, forgery, falsification or destruction of records or
receiving stolen property;
(
2)B
een convicted of any criminal violation of a state or federal antitrust statute ;
(
3)B
een convicted under the provisions of Title 18 of the United States Code for
violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §
1961 e
t seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection
with the submission of Bids/Proposals for a public or private contract;
(
4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-
308 of the State Finance and Procurement Article of the Annotated Code of
Maryland;
(
5)B
een convicted of a violation of § 11- 205.1 of the State Finance and Procurement
Article of the Annotated Code of Maryland;
(
6)B
een convicted of conspiracy to commit any act or omission that would constitute
grounds for conviction or liability under any law or statute described in subsections(1)— (5) above;
(
7)B
een found civilly liable under a state or federal antitrust statute for acts or omissions
in connection with the submission of Bids/Proposals for a public or private contract;

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31
(8) Been found in a final adjudicated decision to have violated the Commercial
Nondiscrimination Policy under Title 19 of the State Finance and Procurement
Article of the Annotated Code of Maryland with regard to a public or private
contract;

(9) Been convicted of a violation of one or more of the following provisions of the
Internal Revenue Code:
(a) §7201, Attempt to Evade or Defeat Tax;
(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,
(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply
Information;
(d) §7206, Fraud and False Statements, or
(e) §7207 Fraudulent Returns, Statements, or Other Documents;

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the
Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11) Been convicted of a violation of the Tax- General Article, Title 13, Subtitle 7 or
Subtitle 10, Annotated Code of Maryland;
(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as
provided in the State Finance and Procurement Article, Title 17, Subtitle 2,
Annotated Code of Maryland, if:

(a) A court:
(i) Made the finding; and
(ii) Decision became final; or

(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure act;
and
(ii) Not overturned on judicial review;
(13) Been found to have willfully or knowingly violated State Living Wage Laws as
provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:
(i) Made the finding; and
(ii) Decision became final; or

(b) The finding was:
(i) Made in a contested case under the Maryland Administrative Procedure act;
and
(ii) Not overturned on judicial review;

(14) Been found to have willfully or knowingly violated the Labor and Employment
Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a) A court:

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32 (i)M
ade the finding; and
(ii)D
ecision became final; or
(
b)T
he finding was:
(i)M
ade in a contested case under the Maryland Administrative Procedure act;
and
(ii)N
ot overturned on judicial review; or
(
15)A
dmitted in writing or under oath, during the course of an official investigation or
other proceedings, acts or omissions that would constitute grounds for conviction or
liability under any law or statute described in §§ B and C and subsections D(1) —
(14) a
bove, except as follows (indicate reasons why the affirmations cannot be
given, and list any conviction, plea, or imposition of probation before judgment withthe date, court, official or administrative body, the sentence or disposition, thename(s) of the person(s) involved and their current positions and responsibilities
with the business, and the status of any debarment):
___________________________________________________________
_________________
___________________________________________
E.AF
FIRMATION REGARDING DEBARMENT
I
FURTHER AFFIRM THAT:
N
either I, nor to the best of my knowledge, information, and belief, the above business, or any of
its officers, directors, partners, controlling stockholders, or any of its employees directly involved
in the business’s contracting activities, including obtaining or performing contracts with publicbodies, has ever been suspended or debarred (including being issued a limited denial of
participation) by any public entity, except as follows (list each debarment or suspension providing
the dates of the suspension or debarment, the name of the public entity and the status of theproceedings, the name(s) of the person(s) involved and their current positions and responsibilitieswith the business, the grounds of the debarment or suspension, and the details of each person’s
involvement in any activity that formed the grounds of the debarment or suspension).
_________________
___________________________________________
_________________
___________________________________________
F.AF
FIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I
FURTHER AFFIRM THAT:
(
1)T
he business was not established and does not operate in a manner designed to evade
the application of or defeat the purpose of debarment pursuant to Sections 16- 101, et seq., of the
State Finance and Procurement Article of the Annotated Code of Maryland; and
(
2)T
he business is not a successor, assignee, subsidiary, or affiliate of a suspended or
debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

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33 ____________________________________________________________
_________________
___________________________________________
G.S
UBCONTRACT AFFIRMATION
I
FURTHER AFFIRM THAT:
N
either I, nor to the best of my knowledge, information, and belief, the above business, has
knowingly entered into a contract with a public body under which a person debarred or suspende d
unde
r Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland
will provide, directly or indirectly, supplies, services, architectural services, construction related
services, leases of real property, or construction.
H.AF
FIRMATION REGARDING COLLUSION
I
FURTHER AFFIRM THAT:
N
either I, nor to the best of my knowledge, information, and belief, the above business has:
(
1)A
greed, conspired, connived, or colluded to produce a deceptive show of competition i n
t
he compilation of the accompanying Bid/proposal that is being submitted; or
(
2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the
Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any
action in restraint of free competitive bidding in connection with the contract for which
the accompanying Bid/proposal is submitted.
I.CE
RTIFICATION OF TAX PAYMENT
I
FURTHER AFFIRM THAT:
E
xcept as validly contested, the business has paid, or has arranged for payment of, all taxes due
the State of Maryland and has filed all required returns and reports with the Comptroller of theTreasury, State Department of Assessments and Taxation, and Department of Labor, Licensing,
and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland
prior to final settlement.
J.C
ONTINGENT FEES
I
FURTHER AFFIRM THAT:
T
he business has not employed or retained any person, partnership, corporation, or other entity,
other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial sellin g
a
gency working for the business, to solicit or secure the Contract, and that the business has not
paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide

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34 employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any
other consideration contingent on the making of the Contract.
K.CE
RTIFICATION REGARDING INVESTMENTS IN IRAN
(
1)T
he undersigned certifies that, in accordance with State Finance and Procurement Article,
§17- 705, Annotated Code of Maryland:
(
a)I
t is not identified on the list created by the Board of Public Works as a person engagi ng
i
n investment activities in Iran as described in State Finance and Procurement Article, §17 -
702, Annotated Code of Maryland; a nd
(
b)I
t is not engaging in investment activities in Iran as described in State Finance a nd
P
rocurement Article, §17 -702, Annotated Code of Maryland.
(
2)T
he undersigned is unable to make the above certification regarding its investment
activities in Iran due to the following activities :
_________________
___________________________________________
_________________
___________________________________________
L.CO
NFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF
CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)
I
FURTHER AFFIRM THAT:
T
he business has complied with the provisions of State Finance and Procurement Article, §14-
413, Annotated Code of Maryland governing proper disclosure of certain information regardi ng
c
onflict minerals originating in the Democratic Republic of Congo or its neighboring countries as
required by federal law.
M. P
ROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL
I
FURTHER AFFIRM THAT:
I
n preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals
submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation,
selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact
or terminated business activities, or taken other actions intended to limit commercial relations,
with a person or entity on the basis of Israeli national origin, or residence or incorporation i n
I
srael and its territories. The Bidder/Offeror also has not retaliated against any person or other
entity for reporting such refusal, termination, or commercially limiting actions. Without limiting
any other provision of the solicitation for bid/proposals for this project, it is understood and
agreed that, if this certification is false, such false certification will constitute grounds for theState to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any
contract awarded based on the bid/proposal.
N.I
FURTHER AFFIRM THAT :

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35 Any claims of environmental attributes made relating to a product or service included in the bid
or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of
Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.
O.A
CKNOWLEDGEMENT
I
ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and ma y
be
distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State
of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this
Affidavit is subject to applicable laws of the United States and the State of Maryland, both
criminal and civil, and that nothing in this Affidavit or any contract resulting from the submissi on
of
this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the
State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any
statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to
any misrepresentation made or any violation of the obligations, terms and covenants undertake n
by t
he above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits
comprising part of the contract.
I
DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BESTOF MY KNOWLEDGE, INFORMATION, AND BELIEF.
By:
Signature of Authorized Representative and Affiant
Printed Name:
Printed Name of Authorized Representative and Affiant
Title:
Title
Date:
Date
S
UBMIT THIS AFFIDAVIT WITH BID

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36 Attachment D. Maryland Living Wage Affidavit of Agreement for
Service Contracts
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 Laborand 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 Contractand 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 lessthan $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 servicesvalued at less than $500,000, or
(c) Performs work for a Contractor not covered by the Living Wage Law as defined inB(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 Stat
e
gove
rnment 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 theLiving Wage would conflict with any applicable Federal program, the Living Wage does notapply to the contract or program.
D. A Contractor must not split or subdivide a State contract for services, pay an employee through athird party, or treat an employee as an independent Contractor or assign work to employees toavoid the imposition of any of the requirements of Md. Code Ann., State Finance a
nd
P
rocurement Article, Title 18.
E. Each Contractor/ subcontractor , subject to the Living Wage Law, shall post in a prominent a nd
eas
ily accessible place at the work site(s) of covered employees a notice of the Living Wag e
R
ates, employee rights under the law, and the name, address, and telephone number of the
Commissioner.
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

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37 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 andProcurement 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
C
ontractor/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 requirementsestablished by the Commissioner.
H. A Contractor/ subcontractor may reduce the wage rates paid under Md. Code Ann., State Finan
ce
a
nd 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
C
ontractor/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 wagerate 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 Commissionerdetermines 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 Laborand 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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38 D-1 Maryland Living Wage Affidavit of Agreement for Service Contracts
Contract No. ____________________________________
N
ame of Contractor: ______________________________
Address: __________________________________
_______________________________________________
I
f the Contract Is Exempt from the Living Wage Law
T
he Undersigned, being an authorized representative of the above -named Contractor, hereby affirms
that the Contract is exempt from Maryland’s Living Wage Law for the following reasons (check all
that apply):
 Offeror is a nonprofit organization
 Offeror is a public service compa ny
 O
fferor employs 10 or fewer employees and the proposed contract value is less
than $500, 000
 O
fferor employs more than 10 employees and the proposed contract value is less
than $100, 000
I
f the Contract Is a Living Wage Contract
A. The Undersigned, being an authorized representative of the above -named Contractor,
hereby affirms its commitment to comply with Title 18, State Finance and Procuremen t
A
rticle, Annotated Code of Maryland and, if required, submit all payroll reports to the
Commissioner of Labor and Industry with regard to the above stated contract. TheOfferor agrees to pay covered employees who are subject to living wage at least th
e
l
iving wage rate in effect at the time service is provided for hours spent on State contract
activities, and ensure that its subcontractors who are not exempt also pay the require d
l
iving wage rate to their covered employees who are subject to the living wage for hours
spent on a State contract for services. The Contractor agrees to comply with, and ensur e
its
subcontractors comply with, the rate requirements during the initial term of the
contract and all subsequent renewal periods, including any increases in the wage rateestablished by the Commissioner of Labor and Industry, automatically upon the effectivedate of the revised wage rate.
B
. _________________
____(initial here if applicable) The Offeror affirms it has no covere d
e
mployees for the following reasons: (check all that apply):
 The employee(s) proposed to work on the contract will spend less than one -half
of the employee’s time during any work week on the contract
 The employee(s) proposed to work on the contract is 17 years of age or youngerduring the duration of the contract; or
 The employee(s) proposed to work on the contract will work less than 13consecutive weeks on the State contract.

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39
The Commissioner of Labor and Industry reserves the right to request payroll records and other data that
the Commissioner deems sufficient to confirm these affirmations at any time.

Name of Authorized Representative: ____________________________________________
Signature of Authorized Representative: _____________________________Date: ____________
Title: ____________________________________

Witness Name (Typed or Printed): _______________________________
Witness Signature: _______________________________ Date: ____________________

SUBMIT THIS AFFIDAVIT WITH BID

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40 Attachment E. Contract
State Treasurer’s Office ( STO )
“Information Technology Organizational Analysis ”
IFB # ITOA - 04242024
THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 2024 by and between
________________ (the “Contractor”) and the STATE OF MARYLAND, acting through the
MARYLAND State Treasurer’s Office (“STO ” or the “Office”).
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 “ Bid” means the Contractor’s Bid dated _________.
1.2 “ COMAR” means Code of Maryland Regulations.
1.3 “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) .
1.4 “ IFB” means the Invitation for Bids for Information Technology Organizational Analysis
Solicitation # IFB #ITOA -04242024, and any amendments, addenda, and attachments thereto
issued in writing by the State.
1.5 Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR
21.01.02.01 B (54) which is certified by the Maryland Department of Transportation under
COMAR 21.11.03.
1.6 “State” means the State of Maryland.
1.7 “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.
1.8 Capitalized terms not defined herein shall be ascribed the meaning given to them in the IFB .
2. Scope of Contract
2.1 The Contractor shall perform in accordance with this Contract and Exhibits A -C, 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 IFB
Exhibit B – The Contract Affidavit, executed by the Contractor and dated ____________.
Exhibit C – The Bid
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

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41 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)
da
ys 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)
a
ll 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 Office following a ny
r
equired prior approvals (the “Effective Date”) and shall continue for a period of six months
(“Initial Term”). In addition, the Contract will also contain an option to renew, upon the same
terms and conditions, for one additional six-month renewal option, which may be exercised at the
sole discretion of the Treasurer or the Treasurer’s designee.
This Contract must not exceed $100,000.00
3.2 At the end of the Contract term, the Contractor shall continue to perform any contract services that were in process on the expiration date of the Contract and shall receive the payment specified
in the Contract for such services. The Contractor shall also assist the Office during any transition
period to a new contractor and provide all necessary information and data to any subsequent contractor engaged to perform the services described in this RFP.
3.3 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 Office
shall pay the Contractor in accordance with the terms of this Contract and at the prices quoted in
the Bid. Unless properly modified (see above Section 2), payment to the Contractor pursuant to
this Contract, including the Initial Term and any Renewal Term, shall not exceed the Contracted amount.
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 Office ’s receipt of a proper invoice from the Contractor as required by IFB section 3.3.
The Contractor may be eligible to receive late payment interest at the rate of 9% per
annum if:

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42
(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 Office 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
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.

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43 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 Office 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 Office or licensed by the Office
from third part ies, including all information provided by the Office 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 Office will have no rights to the same except as expressly
granted in this Contract . Any 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.

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44 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 subcontractor s 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 subcontractor s 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 subcontractor s 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.
7.7 The Contractor shall report to the Office , 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 Office ’s consent,
any restrictive markings upon any Deliverables that are owned by the State, and if such markings
are affixed, the Office 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, withoutlimitation, 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

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45
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 subcontractor s 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 IFB Section 3. 2.
9.3 Protection of data and personal privacy (as further described and defined in IFB Section 3.2.1 .1)
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 IFB Section 3. 2.
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, or any of its subcontractor s’, 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 subcontractor s in the event that a suit, claim or action of any character is brought against the
Contractor or its subcontractor s 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 .

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46 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, t he Contractor shall not respond to such subpoena , process or other
legal request without first notifying the State, unless prohibited by law from providing such notic e
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 i
n
acco
rdance 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 mustsubmit to the Procurement Officer its written claim containing the information specified in COMAR21.10.04.02.
13. Maryland Law Prevails
13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State ofMaryland.
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.
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 innature and extent so as to reasonably preclude the performance of the employment, or theindividual’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 caus
e
s
ubcontractor s to post in conspicuous places available to employees and applicants for employment,
notices setting forth the substance of this clause.

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47 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 securethe 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 otherconsideration 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 wer
e
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 oftermination . 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 eachsucceeding fiscal period beyond the first.
17. Termination for Default
If the Contractor fails to fulfill its obligations under this Contract properly and on time, fails to
provide any required annual and renewable bond 30 days prior to expiration of the current bond the
n
i
n effect, 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 ascause for termination. All finished or unfinished work provided by the Contractor shall, at theState’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 compensationpayable 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. T
ermination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with thisclause in whole, or from time to time in part, whenever the State shall determine that suchtermination 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 costsassociated with termination of the Contract. However, the Contractor shall not be reimbursed forany 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 governe
d
by t
he 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.

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48 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
subcontractor s or suppliers arising from unforeseeable causes beyond the control and without the
fault or negligence of either the Contractor or the subcontractor s or suppliers.
20. Suspension of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or a
ny
p
art of its performance for such period of time as the Procurement Officer may determine to b e
a
ppropriate 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 Maryla nd
R
egulations (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 a nd
P
rocurement 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, $200,000 or more, shall within 30 days of
the time when the aggregate value of these contracts, leases or other agreements reaches $200,000,
file with the Secretary of State of Maryland certain specified information to include disclosure ofbeneficial 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, ora municipal corporation, or other political subdivision of the State, during a calendar year in whic
h
t
he 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 thereporting period to a candidate for elective office in any primary or general election; and (b) thename 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 wasawarded; 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 endingApril 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional
information is available on the State Board of Elections website
:
ht
tp://www.elections.state.md.us/campaign_finance/index.html .
24. Retention of Records
The Contractor and subcontractor s 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)a
ny 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 authorize d
r
epresentatives of the State, as designated by the Procurement Officer, at all reasonable times.

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