Consulting and Technical Services (CATS) : Task Order Request For Proposals (TORFP)

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Consulting and Technical Services (CATS)

Task Order Request for Proposals (TORFP)

HARDWARE MAINTENANCE AND REPAIR SERVICES

SUPPORT TORFP-OTHS/OTHS-07 -004S

CATS TORFP PROJECT NUMBER: N00P7200592

DEPARTMENT OF HUMAN RESOURCES

OFFICE OF TECHNOLOGY FOR HUMAN SERVICES

ISSUE DATE: July 18, 2006

CONTENTS

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
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NOTICE TO MASTER CONTRACTORS .............................................................................................. 6

SECTION 1 - ADMINISTRATIVE INFORMATION............................................................................ 7

1.1 RESPONSIBILITY FOR TORFP AND TO AGREEMENT ..................................................... 7

1.2 TO AGREEMENT......................................................................................................................... 7

1.3 TO PROPOSAL SUBMISSIONS ................................................................................................. 7

1.4 MINORITY BUSINESS ENTERPRISE (MBE) ......................................................................... 7

1.5 EMARYLANDMARKETPLACE FEE........................................................................................ 7

1.6 CONFLICT OF INTEREST ......................................................................................................... 8

1.7 NON-DISCLOSURE AGREEMENT .......................................................................................... 8

1.8 LIMITATION OF LIABILITY CEILING.................................................................................. 8

SECTION 2 – SCOPE OF WORK............................................................................................................ 9

2.1 PURPOSE, BACKGROUND, AND PROJECT.......................................................................... 9

2.2 PROFESSIONAL DEVELOPMENT .......................................................................................... 9

2.3 TO CONTRACTOR SERVICES, DUTIES AND RESPONSIBILITIES ................................. 9

2.4 PERFORMANCE EVALUATION AND STANDARDS ......................................................... 13

2.5 MITIGATION PROCEDURE.................................................................................................... 13

2.6 WORK HOURS ........................................................................................................................... 13

2.7 DELIVERABLES ........................................................................................................................ 13

2.8 REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES ................. 14

2.9 TO CONTRACTOR PERSONNEL QUALIFICATIONS AND CERTIFICATIONS.......... 14

2.10 TO CONTRACTOR EXPERTISE REQUIRED ...................................................................... 15

2.11 SUBSTITUTION OF PERSONNEL........................................................................................... 15

2.12 NON-PERFORMANCE OF PERSONNEL ............................................................................... 15

2.13 INVOICING ................................................................................................................................. 15

2.14 CHANGE ORDERS ..................................................................................................................... 16

SECTION 3 - TO PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS........................ 17

3.1 REQUIRED RESPONSE ............................................................................................................ 17

3.2 FORMAT...................................................................................................................................... 17

SECTION 4 - PROCEDURE FOR AWARDING A TO AGREEMENT............................................ 21

4.1 EVALUATION CRITERIA........................................................................................................ 21

4.2 TECHNICAL CRITERIA........................................................................................................... 21

4.3 SELECTION PROCEDURES.................................................................................................... 21

4.4 COMMENCEMENT OF WORK UNDER A TO AGREEMENT .......................................... 21

ATTACHMENT 1 – PRICE PROPOSAL ............................................................................................ 22

SAMPLE PRICE PROPOSAL FORM................................................................................................... 22

ATTACHMENT 2 – MBE FORMS ........................................................................................................ 24

ATTACHMENT 3 .................................................................................................................................... 34

TASK ORDER AGREEMENT…………………………………………………………………………34

ATTACHMENT 4 .................................................................................................................................... 37

CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE ........................................................ 37

ATTACHMENT 5 .................................................................................................................................... 38

OTHS/OTHS-07-004S
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LABOR CLASSIFICATION PERSONNEL RESUME SUMMARY ................................................. 38

ATTACHMENT 6 ...................................................................................................................................... 2

DIRECTIONS TO THE PRE-PROPOSAL CONFERENCE ................................................................ 2

ATTACHMENT 7 ...................................................................................................................................... 3

NOTICE TO PROCEED .................................................................................................................................. 3

ATTACHMENT 8 ...................................................................................................................................... 4

AGENCY RECEIPT OF DELIVERABLE FORM................................................................................. 4

ATTACHMENT 9 ...................................................................................................................................... 5

ACCEPTANCE OF DELIVERABLE FORM ......................................................................................... 5

ATTACHMENT 10 .................................................................................................................................... 6

NON-DISCLOSURE AGREEMENT (OFFEROR) ................................................................................ 6

ATTACHMENT 11 .................................................................................................................................... 7

NON-DISCLOSURE AGREEMENT (TO CONTRACTOR) ................................................................ 7

ATTACHMENT 12………………………………………………………………………………………..9

ATTACHMENT 13 ………………………………………………………………….…,,………………10

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KEY INFORMATION SUMMARY SHEET


This Consulting and Technical Services (CATS) Task Order Request for Proposals (TORFP) is issued
to obtain the services necessary to satisfy the requirements defined in Section 2, Scope of Work. All
CATS Master Contractors approved to perform work in the functional area under which this TORFP is
released are invited to submit a Task Order (TO) Proposal to this TORFP. Those Master Contractors
deciding not to submit a TO Proposal are required to submit the reason(s) why per Section 3.1 of the
TORFP. In addition to the requirements of this TORFP, the Master Contractors are subject to all terms
and conditions contained in the CATS RFP issued by the Maryland Department of Budget and
Management (DBM), Office of Information Technology (OIT) and subsequent Master Contract Project
Number 050R5800338, including any amendments.
HARDWARE MAINTENANCE AND REPAIR SERVICES
TORFP NAME:
SUPPORT (HMRSS)
SYSTEMS/FACILITIES MANAGEMENT AND
FUNCTIONAL AREA:
MAINTENANCE (6)
TORFP ISSUE DATE:
July 18, 2006
Closing Date and Time:
August 15, 2006 at 2:00 pm
TORFP Issuing Office: Department of Human Resources (DHR)
/Office of Technology for Human Services (OTHS)
Questions and Proposals are to be sent Hattie M. Crosby, Procurement Specialist
to: Department of Human Resources
Office of Technology for Human Services
311 West Saratoga Street
Baltimore MD 21201
Office Phone (410) 767-7145
Fax (410) 333-0433
[email protected]

TO Procurement Officer:
Hattie M. Crosby, Procurement Specialist
Department of Human Resources
Office of Technology for Human Services
311 West Saratoga Street
Baltimore MD 21201
Office Phone (410) 767-7145
Fax (410) 333-0433
[email protected]

OTHS/OTHS-07-004S
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TO Manager:
John Gallagher, Deputy CIO for Systems Management
Department of Human Resource
Office of Technology for Human Services
311 West Saratoga Street
Baltimore, MD 21201
Office Phone: (410) 767-7214
Fax (410) 333-0433
[email protected]

Project Number: APICS PO N00P7200592


AGENCY CONTROL NUMBER: OTHS/OTHS-07-004S

TO Type: Fixed Price


Period of Performance: November 1, 2006, commencing on the date of Notice to
Proceed and terminating October 31, 2007 with two-1 year
renewal options.
MBE Goal:
30 %
Primary Place of Performance: An electronic list of DHR equipment and Locations will be
furnished upon request (Attachment 12)

State Furnish Work Site and/or Access


to Equipment, Facilities or Personnel:
TO Pre-Proposal Conference: Wednesday, July 26, 2006 Time: 10:00 a.m.
Conference Room No.2
Location :Department of Human Resources Information
Service Center (DHRIS)
1100 Eastern Boulevard
Baltimore, MD 21211

OTHS/OTHS-07-004S
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NOTICE TO MASTER CONTRACTORS

All CATS Master Contractors approved to perform work in the functional area under which this
TORFP is released are invited to submit a Task Order (TO) Proposal to this TORFP. Those Master
Contractors deciding not to submit a TO Proposal are required to submit the reason(s) why per Section
3.1 of the TORFP. If you have chosen not to propose to this TORFP, you must complete and email
this notice to [email protected]. If you are submitting a TO Proposal, we also ask that you take
a few minutes and provide comments and suggestions regarding the enclosed TORFP.

TORFP Title: HARDWARE MAINTENANCE AND REPAIR SERVICES


TORFP No.: N00P7200592, Agency Control Number: OTHS/OTHS-07-004S

1. If you have responded with a "not submitting Task Order Proposal", please indicate the
reason(s) below:

( ) Other commitments preclude our participation at this time.


( ) The subject of the TORFP is not something we ordinarily provide.
( ) We are inexperienced in the services 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 of Maryland is too complicated. (Explain in REMARKS
section.)
( ) We cannot be competitive. (Explain in REMARKS section.)
( ) Time allotted for completion of a Task Order Proposal is insufficient.
( ) Start-up time is insufficient.
( ) Bonding/Insurance requirements are too restrictive. (Explain in REMARKS section.)
( ) TORFP requirements (other than specifications) are unreasonable or too risky.
(Explain in REMARKS section.)
( ) MBE 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 Task Order Proposal, but wish to offer suggestions or express concerns,
please use the Remarks section below.

Remarks:
___________________________________________________________________________________

___________________________________________________________________________________

Master Contractor
Name:______________________________Date:___________________________________________

Contact Person:__________________ Phone ___- ___ -


____email____________________________

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SECTION 1 - ADMINISTRATIVE INFORMATION

1.1 RESPONSIBILITY FOR TORFP AND TO AGREEMENT


The TO Procurement Officer has the primary responsibility for the management of the TORFP process,
for the resolution of TO Agreement scope issues, and for authorizing any changes to the TO
Agreement. (Reference 2.14 change orders).

The TO Manager has the primary responsibility for the management of the work performed under the
TO Agreement; administration functions, including issuing written directions; ensuring compliance
with the terms and conditions of the CATS Master Contract; and, in conjunction with the selected
Master Contractor, achieving on budget/on time/on target (e.g., within scope) completion of the Scope
of Work.

1.2 TO AGREEMENT
Based upon an evaluation of TO Proposal responses, a Master Contractor will be selected to conduct
the work defined in Section 2 Scope of Work. A specific TO Agreement, Attachment 3, will then be
entered into between the State and the selected Master Contractor, which will bind the selected Master
Contractor (TO Contractor) to the contents of its TO Proposal, including the price proposal.

1.3 TO PROPOSAL SUBMISSIONS


The TO Procurement Officer will not accept submissions after the stated date and exact time. The time
will be local time as determined by DHR’s e-mail system time stamp. The TO Proposal is to be
submitted via e-mail as two attachments in MS Word format. The “subject” line in the e-mail
submission shall state the TORFP# N00P7200592, Agency Control Number: OTHS/OTHS-07-004S.
The first ,Agency Control Number: OTHS/OTHS-07-004S. Technical”. The second file will be
the financial response to this CATS TORFP and titled, “CATS TORFP#N00P7200592 file will be the
TO Proposal technical response to this TORFP and titled, “CATS TORFP#N00P7200592, Agency
Control Number: OTHS/OTHS-07-004S. Financial”. The proposal documents that must be
submitted with a signature, Attachment 2 - MBE Forms D-1 and D-2 and Attachment 4 - Conflict of
Interest and Disclosure Affidavit, must be submitted as .PDF files with signatures clearly visible.

1.4 MINORITY BUSINESS ENTERPRISE (MBE)


A Master Contractor that responds to this TORFP shall complete, sign, and submit all required MBE
documentation (Attachment 2, Forms D-1 and D-2) at the time it submits it’s TO Proposal. Failure of
the Master Contractor to complete, sign, and submit all required MBE documentation at the time
it submits its TO Proposal will result in the State’s rejection of the Master Contractor’s TO
Proposal.

1.5 eMARYLANDMARKETPLACE FEE


COMAR 21.02.03.06 requires that each Master Contractor that wins a TO Agreement under this
TORFP pay a fee to support the operation of eMarylandMarketplace. The fee will be due on each TO
Agreement that exceeds $25,000. The applicable fee will be based on TO value, including any options.
Contractors shall pay the fee as provided by COMAR 21.02.03.06 and in accordance with guidelines
issued by the Maryland Department of General Services. A copy of COMAR 21.02.03.06 and the
guidelines issued by the Maryland Department of General Services can be found on the
eMarylandMarketplace website at www.eMarylandMarketplace.com.

The rate(s) or price(s) of the proposal/bid shall include the appropriate fee as per the COMAR
21.02.06.03 fee schedule. Fees may not be quoted as a separate add-on price. A total TO Agreement

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value that is other than an even dollar amount will be rounded to the nearest whole dollar to determine
the appropriate fee level. For example, a total TO Agreement value of $50,000.49 will be rounded to
$50,000 and a Level 1 fee will apply. A total TO Agreement value of $50,000.50 will be rounded to
$50,001 and a Level 2 fee will apply. Refer to RFP Section 1.9 for additional information.

1.6 CONFLICT OF INTEREST


The TO Contractor awarded the TO Agreement shall provide IT consulting services for State agencies
or component programs with those agencies, and must do so impartially and without any conflicts of
interest. Each Master Contractor shall complete and include a Conflict of Interest Affidavit in the form
included as Attachment 4 of this TORFP with its TO Proposal. If the TO Procurement Officer makes a
determination that facts or circumstances exist that give rise to or could in the future give rise to a
conflict of interest within the meaning of COMAR 21.05.08.08A, the TO Procurement Officer may
reject a Master Contractor’s TO Proposal under COMAR 21.06.02.03B.

Master Contractors should be aware that the State Ethics Law, State Government Article, §15-508,
might limit the selected Master Contractor's ability to participate in future related procurements,
depending upon specific circumstances.

1.7 NON-DISCLOSURE AGREEMENT


Certain system documentation may be available for potential Offerors to review at 311 W. Saratoga
Street, Baltimore, MD 21201, 4th Floor, contact the TO Procurement Officer. Offerors who
review such documentation will be required to sign a Non-Disclosure Agreement in the form of
Attachment 10. Please contact the TO Procurement Officer of this TORFP to schedule an appointment.

In addition, certain documentation may be required by the TO Contractor awarded the TO Agreement
in order to fulfill the requirements of the TO Agreement. The TO Contractor, employees and agents
who review such documents will be required to sign, including but not limited to, a Non-Disclosure
Agreement in the form of Attachment 11.

1.8 LIMITATION OF LIABILITY CEILING


Pursuant to Section 28(C) of the CATS Master Contract, the limitation of liability per claim under this
TORFP shall not exceed two (2) times the total TO Agreement amount established.

OTHS/OTHS-07-004S
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SECTION 2 – SCOPE OF WORK

2.1 PURPOSE, BACKGROUND, AND PROJECT


2.1.1 PURPOSE

The Department of Human Resources (DHR)/Office of Technology for Human Services (OTHS) is
issuing this CATS TORFP to obtain on-site, out-of-warranty hardware maintenance, repair services,
equipment replacement and support services as described in this Section for computer equipment and
peripherals, network and host connected peripherals owned and supported by DHR OTHS. The out-of
warranty equipment service calls will be dispatched from the OTHS Technical Services Unit to the TO
Contractor and is based on a equipment per call basis not to exceed one hundred twenty (120) calls per
month for the equipment owned by DHR

2.1.2 BACKGROUND

The DHR’s technology infrastructure includes approximately 53,500 items of computer equipment and
peripherals (such as servers, workstations, laptop computers, printers and UPSs), networked and host
connected peripherals (such as terminals, controllers, system printers) installed at DHR office locations
throughout the State. Approximately 42,625 of these devices are presently out of warranty. An
electronic list of DHR Equipment and DHR Office locations will be furnished upon request.
(Attachment 12)

2.1.3 PROJECT BACKGROUND

DHR/OTHS lacks sufficient in-house staff to accommodate, on average, approximately 120


maintenance and repair calls each month for hardware out-of-warranty hardware devices. DHR
currently contracts with an outside service contractor for on-site hardware maintenance, repair services,
replacement and support being dispatched to the contractor from the DHR/OTHS’ Technical Services
Unit. The OTHS uses a flat rate of equipment calls per month. The number of dispatched calls will not
exceed twenty (20) critical calls and one hundred (100) non- critical calls per month. Critical service
calls are defined as equipment that is malfunctioning or out of service and unavailable for operation
use. Non-critical service calls are defined as normal maintenance or repair services to keep equipment
in good operating condition. DHR will provide an electronic listing of monthly activity calls from
the previous contractor on critical and non-critical calls per month for all equipment to be
maintained. (Attachment 13)

2.2 PROFESSIONAL DEVELOPMENT


The TO Contractor must ensure continuing education opportunities for the personnel provided. This
education would be associated with the technologies currently utilized by DHR or anticipated to be
implemented by DHR in the near future. With DHR prior approval, the time allocated to these
continuing education activities for staff deployed to DHR on a full-time basis may be charged to this
task order. Actual course costs are the responsibility of the TO Contractor.

2.3 TO CONTRACTOR SERVICES, DUTIES AND RESPONSIBILITIES


The TO Contractor shall provide the following services, duties and responsibilities:

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The TO Contractor shall provide the personal services of qualified service technicians to provide on-
site, out-of –warranty hardware maintenance, repair services and support on an equipment per call basis
for all brands and models of computer equipment and peripherals, networked and host connected
peripherals owned and supported by DHR.

The TO Contractor shall provide the services of a Project Manager. The Project manager duties and
responsibilities and services will ensure that mutually agreed upon repair and replace response times are
met, provide progress reports, and participate in monthly meetings with the DHR Project Managers and
other designated Staff. The TO Contractor shall provide a detailed troubleshooters’ guidebook for use
by DHR System Support Staff in performing first level support troubleshooting tasks. The TO
Contractor will provide the services of hardware maintenance and support technicians to perform duties
for the maintenance and repair of network and stand-alone computer equipment and peripheral which
will include repair parts and equipment replacement.

2.3.1 TECHNICAL DUTIES AND RESPONSIBILITIES

The TO contractor shall supply qualified technicians to provide on-site, out of warranty hardware
maintenance and repair service on an as-needed basis for all brands and models of computer equipment
and peripherals, networked and host connected peripherals owned and supported by DHR. The
equipment technicians should be experienced with the brands and models in the maintenance and repair
of computer equipment and peripherals, networked and host connected peripherals. An electronic list
of DHR Equipment and DHR Office locations will be furnished upon request. (Attachment 12)

The TO contractor shall provide the services of equipment technicians proficient in the identification
and resolution of problems with all equipment. Advanced and working knowledge of how these devices
operate is critical in the performance of their duties.

2.3.2 TECHNICAL DUTIES WORK SCHEDULE

The TO Contractor shall be responsible for maintenance and repair of all of DHR’s out-of-warranty
computer equipment and peripherals, such as network and stand-alone computer equipment and
peripherals for workstations, laptops, and servers.

The TO Contractor shall provide services for on-site hardware maintenance and repair for all brands
and models of equipment and peripherals. The Equipment Technicians will be dispatched for all
services from the OTHR Technical Services Unit using an on-line request system proposed by the TO
Contractor.

The following technical services shall be furnished by the TO Contractor:

a) Service Guarantee: The TO Contractor shall perform all work in accordance with current
professional standards and best practices using first quality original equipment manufacturer
(OEM) authorized parts or quality reconditioned OEM Parts so that performance is equivalent
to that of a new part.

b) Minimum Warranty: A minimum of 90 days warranty is required from completion of repair or


replacement. The TO Contractor’s specific warranty policy must be included in the response to
this TORFP.

c) Right to Replace or Reject TO Contractor Technicians: DHR/OTHS reserves the right to


request that technicians that DHR views as unqualified or unprofessional in performance of

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duties or in conduct at DHR office locations be replaced. DHR reserves the right to review and
approve the resumes of technicians proposed and reject technicians that DHR deems as
unqualified.

d) Coverage Hours: The TO Contractor shall perform hardware maintenance and repair services
at the on- site location of the malfunctioning device between the hours of 8:00 A.M. and 4:30
P.M., Monday through Friday, except on State Holidays or in event of building closures. A
request to provide service for a specific malfunctioning device outside of the normal coverage
hours or days must be pre-approved by the DHR TO Manager.

e) Service Request Method: DHR desires to send all service requests to the TO Contractor via an
on-line request system. The proposed method of submitting service requests will be decided by
mutual agreement between DHR and the TO Contractor. The date and time included on-line
requests shall be used as the start time for measurement of the initial response time and the
repair or replace time frame. DHR will not be responsible for including TO Contractor
generated codes on service requests.

f) Initial Response Requirement: At a minimum, the TO Contractor’s initial response shall


consist of making personal contact with the DHR designated contact for the office where the
malfunctioning device is housed to coordinate the schedule for repair or replace service.

g) Coordination of work schedule: The TO Contractor shall coordinate the schedule for repair or
replacement with the DHR designated contact for the office where the malfunctioning device is
housed. DHR will provide an electronic list of equipment to include contacts, addresses, and
telephone number for each office location being covered under this TO
h) Initial Response Times: For severe problems (such as a malfunctioning server or controller),
the TO Contractor’s initial response within one (1) hour of receipt of the service request is
required. For all other problems, the contractor’s initial response is required within four (4)
hours of receipt of the service request. The TO Contractor’s specific initial response times
must be included in the response to the TORFP.

i) Repair or Replace Time Frames: The TO Contractor shall either replace or repair the
malfunctioning device, as needed to meet the required repair or replace time frame. The
contractor shall provide replacement parts/devices. For severe problems, (critical calls) such as
malfunctioning server or controller, the required repair or replace timeframe is within four (4)
hours of receipt of the service request. For all other problems (non-critical calls), the required
response timeframe is within three (3) business days of receipt of the service request. (The TO
Contractor’s specific repair or replace time frame must be included in the response to the
TORFP.)

j) Withholding for failure to meet Repair/Replace Time Frame: Failure to meet the agreed upon
service time frames on more than 10% of the total requests for any specific month, may result
in withholding of 10% of the total invoice amount for that month. The withheld amount would
be payable to the TO Contractor the next month in which the Contractor meets or exceeds the
agreed service time frames.

k) Replacement parts: All replacement parts supplied by the TO Contractor shall be quality
original equipment manufacturer (OEM) parts or certified quality reconditioned OEM parts so
that the performance is equivalent to that of a new part.

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l) Repair/Replacement of Hard Drives: If repair or replacement services result in the loss,
removal or malfunction of a hard drive’s operating system, and repair or replacement of a hard
drive is required the TO Contractor will insure that the basic functionality of the hard drive is
restored, that the Basic Input Output System (BIOS) recognizes the device, and that the hard
drive is ready to have the operating system loaded.

m) Notification of Replaced Equipment: When any hardware device is replaced, the TO


Contractor must submit to the designated DHR staff, via e-mail or facsimile, the serial numbers
and descriptions of both the original and replacement devices. There is no exclusion or
exception to this requirement.

n) Notification of Completion of Service Request: Within one (1) business day of the completion
of a service request, the TO Contractor must transmit to the DHR TO Manager, via facsimile or
email, a document detailing the DHR service request identification number, problem
description, solution description, serial number of the malfunctioning device, completion date
and time for the service request, and approval signature of the DHR office contact or equipment
user verifying restoration of the device. If the document is not received, DHR shall assume the
service request was not addressed within the agreed time frame.

o) Troubleshooters’ Guidebook: The TO Contractor will provide as a deliverable, a


troubleshooters’ guidebook for use by DHR System Support Staff in performing first level
helpdesk support. The guidebook will contain diagnostic tips, questions to ask, and key
information to collect and include in service request and is required thirty (30) days after
contract award to the DHR TO Manager.

2.3.3 REPORTING
Project Management:

The TO Contractor shall submit a monthly progress report to the TO Manager, and an electronic copy
to DHR, Office of Technology for Human Services. The Progress report and copy shall be submitted
not later than the fifteenth day of the month following the reporting period and shall contain, as a
minimum, the following information:

• Agency Purchase Order Number, Functional Area, reporting period and “progress
Report” to be included in e-mail subject line. Work accomplished during the reporting
period.

• Work accomplished during the monthly reporting period.

• Deliverable progress, as a percentage of completion.

• Problem areas including scope creep or deviation from the work plan.

• Planned activities for the next reporting period.

• An accounting report for the current reporting period and a cumulative summary of the
totals for both the current and previous reporting periods. The accounting report shall
include amounts invoiced-to-date and paid-to-date.

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2.4 PERFORMANCE EVALUATION AND STANDARDS

The TO Contractor personnel will be evaluated by the TO Manager on a quarterly basis for each
assignment performed during that period. The established performance evaluation and standards will
be furnished upon request.

2.5 MITIGATION PROCEDURE

Should an evaluation of any TO Contractor’s personnel indicate poor or non- performance, the TO
manager will follow established mitigation procedures, prior to requesting that the TO Contractor
provide a replacement employee. This mitigation procedure will be furnished upon request.

2.6 WORK HOURS


The TO Contractor’s assigned personnel will work an eight-hour day (8:00 am to 4:30 pm), Monday
through Friday except for State holidays. Any deviation from the required work schedule must be
formally approved by the DHR TO Manager.

2.7 DELIVERABLES
Troubleshooters’ Guidebook: The TO Contractor shall provide a troubleshooter’s guidebook for use by
DHR Systems Support Staff in performing first level help desk support {reference section 2.3.2 (0)}.

Upon completion of a deliverable, the TO Contractor shall document each deliverable in final form to
the TO Manager for acceptance. The TO Contractor shall memorialize such delivery in an Agency
Receipt of Deliverable Form (Attachment 8). The TO Manager shall countersign the Agency Receipt
of Deliverable Form indicating receipt of the contents described therein. An electronic list of DHR ‘s
Equipment and Office Locations will be furnished upon request. (Attachment 12).

Upon receipt of a final deliverable, the TO Manager shall commence a review of the deliverable as
required to validate the completeness and quality in meeting requirements. Upon completion of
validation, the TO Manager shall issue to the TO Contractor notice of acceptance or rejection of the
deliverables in an Agency Acceptance of Deliverable Form (Attachment 9). In the event of rejection,
the TO Contractor shall correct the identified deficiencies or non-conformities. Subsequent project
tasks may not continue until deficiencies with a deliverable are rectified and accepted by the TO
Manager or the TO Manager has specifically issued, in writing, a waiver for conditional continuance of
project tasks. Once the State’s issues have been addressed and resolutions are accepted by the TO
Manager, the TO Contractor will incorporate the resolutions into the deliverable and resubmit the
deliverable for acceptance. Accepted deliverables shall be invoiced within 30 days in the applicable
invoice format (Reference 2.13 Invoicing). DHR will provide an electronic listing of monthly
activity calls from the previous contractor on critical and non-critical calls per month for all
equipment to be maintained. (Attachment 13). The number of dispatched call will not exceed
twenty (20) critical calls and one hundred (100) non-critical calls per month.
When presented for acceptance, a written deliverable defined as a final document must satisfy the scope
and requirements of this TORFP for that deliverable. Final written deliverables shall not contain
structural errors such as poor grammar, misspellings or incorrect punctuation, and must:
A) Be presented in a format appropriate for the subject matter and depth of discussion.

B) Be organized in a manner that presents a logical flow of the deliverable’s content.

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C) Represent factual information reasonably, expected to have been known at the time of

submittal.

D) Present information that is relevant to the section of the deliverable being discussed.
The State required deliverables are defined below. Within each task, the TO Contractor may suggest
other subtasks or deliverables to improve the quality and success of the project. (Reference 2.8
Required Project Policies, Guidelines and Methodologies).

2.8 REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES


The TO Contractor shall be required to comply with all applicable laws, regulations, policies, standards
and guidelines affecting information technology projects, which may be created or changed
periodically. The TO Contractor shall adhere to and remain abreast of current, new, and revised laws,
regulations, policies, standards and guidelines affecting project execution. These may include, but are
not limited to:

A) The State’s System Development Life Cycle (SDLC) methodology at: www.dbm.maryland.gov
- keyword: SDLC.
B) The State Information Technology Security Policy and Standards at: www.dbm.maryland.gov -
keyword: Security Policy.
C) The State Information Technology Project Oversight at: www.dbm.maryland.gov - keyword: IT
Project Oversight.
D) The State of Maryland Enterprise Architecture at www.dbm.maryland.gov - keyword: MTAF
Guiding Principles.
E) The TO Contractor shall follow the project management methodologies that are consistent with
the Project Management Institute’s Project Management Body of Knowledge Guide. TO
Contractor’s staff and subcontractors are to follow a consistent methodology for all TO
activities.

2.9 TO CONTRACTOR PERSONNEL QUALIFICATIONS AND CERTIFICATIONS

The following personnel qualifications and certifications are required: The TO Contractor shall be
capable of furnishing all necessary services required to successfully complete all tasks and work
requirements and produce high quality deliverables described herein. The TO Contractor shall
demonstrate, in its proposal, that it possesses such expertise in-house or has fostered strategic alliances
and contracts with other firms for providing such services including OEM replacement parts or
replacement of equipment. At a minimum, the TO Contractor’s Project Manager and Hardware
Maintenance Technician should possess the following qualifications:

A) Project Manager

1) Education: A Bachelor Degree from an accredited college or University with a major


in Computer Science, Information Systems, Engineering, or technical hardware
maintenance and support discipline. A Bachelor’s Degree in one of the above discipline
equals one year specialized and two years general experience.

2) General Experience: Must have 8 years of computer hardware maintenance and


support experience in at least two of the following disciplines: Equipment
Operations and Hardware maintenance and Support as a Project Manager in the areas

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of computer equipment and peripherals, such as network and stand- alone computer
equipment and peripherals for workstations, laptops and servers.

3) Specialized Experience: At least 5 years of experience as a computer hardware


maintenance and support Engineer or Project Manager in the areas of computer
equipment and peripherals, such as network and stand- alone computer equipment and
peripherals for workstations, laptops and servers.

B) Hardware Technician

1) Hardware Maintenance and Support Technician should have a minimum of four years
general and specialized experience in the repair, maintenance and support of computer
equipment and peripherals, such as network and stand- alone computer equipment and
peripherals for workstations, laptops and servers.

2.10 TO CONTRACTOR EXPERTISE REQUIRED


The TO Contractor proposed staff must demonstrate a level of expertise in maintenance and repair of
network and stand-alone computer equipment and peripherals at a level consistent with or exceeding
the labor categories and qualification in section 2.12 of the Master Consulting and Technical Services
(CATS).

2.11 SUBSTITUTION OF PERSONNEL


The TO Contractor shall only propose staff available at the time of the TO Proposal and that satisfy the
personnel qualifications specified in the Master Contract. In addition, the TO Contractor shall abide by
the substitution of personnel requirements in the Master Contract, Section 2.11.8.

2.12 NON-PERFORMANCE OF PERSONNEL


In the event that DHR is dissatisfied with the TO Contractor’s personnel for not performing to the
standards specified in Section 2.3, the TO Contractor personnel may be removed at the TO Manager’s
discretion. Replacement personnel must have qualifications equal to or greater than that of the non-
performing person initially proposed and evaluated and accepted in the TO Agreement. The TO
Manager will determine the amount of time the TO Contractor has to provide a replacement.

2.13 INVOICING
Payment will only be made upon completion and acceptance of the deliverables as defined in 2.7.
(Deliverables)

Invoice payments to the TO Contractor shall be governed by the terms and conditions defined in the
CATS Master Contract. Invoices for payment shall contain the TO Contractor's Federal Employer
Identification Number (FEIN), as well as the information described below, and must be submitted to the
TO Manager for payment approval. Payment of invoices will be withheld if a signed Acceptance of
Deliverable form – Attachment 9, is not submitted.

The TO Contractor shall submit invoices for payment upon acceptance of separately priced
deliverables, on or before the 15th day of the month following receipt of the approved notice(s) of
acceptance from the TO Manager. A copy of the notice(s) of acceptance shall accompany all invoices
submitted for payment.

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2.13.1 INVOICE SUBMISSION PROCEDURE
This procedure consists of the following requirements and steps:

A) The invoice shall identify the Department of Human Resources/Office of Technology for
Human Services as the TO Requesting Agency, deliverable description, associated TO
Agreement number, date of invoice, period of performance covered by the invoice, and a TO
Contractor point of contact with telephone number.

B) The TO Contractor shall send the original of each invoice and supporting documentation
(itemized billing reference for employees and any subcontractor and signed Acceptance of
Deliverable form – Attachment 9, for each deliverable being invoiced) submitted for payment
to the Department of Human Resources/Office of Technology for Human Services Attention:
Director, Technical Services, 311 West Saratoga Street Baltimore Md. 21201
C) Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work
requirements have been completed and no further charges are to be incurred under the TO
Agreement. In no event shall any invoice be submitted later than 60 calendar days from the TO
Agreement termination date.

2.14 CHANGE ORDERS


If the TO Contractor is required to perform additional work, or there is a work reduction due to
unforeseen scope changes, the TO Contractor and TO Manager shall negotiate a mutually acceptable
price modification based on the TO Contractor’s proposed rates in the Master Contract and scope of the
work change. No scope of work modifications shall be performed until a change order is executed by
the TO Procurement Officer.

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SECTION 3 - TO PROPOSAL FORMAT AND SUBMISSION

REQUIREMENTS

3.1 REQUIRED RESPONSE


Each Master Contractor receiving this CATS TORFP must respond within the submission time
designated in the Key Information Summary Sheet. Each Master Contractor is required to submit one
of two possible responses: 1) a proposal or 2) a completed Notice to Master Contractors explaining
why the Master Contractor will not be submitting a proposal.

3.2 FORMAT
If a Master Contractor elects to submit a TO Proposal, the Master Contractor shall do so in
conformance with the requirements of this CATS TORFP. A TO Proposal shall provide the following:

3.2.1 THE TECHNICAL PORTION OF THE TO PROPOSAL SHALL INCLUDE:


A) Proposed Services – Work Plan

1) Requirements: A detailed discussion of the Master Contractor’s understanding of the


work and the Master Contractor’s capabilities, approach and solution to address the
requirements outlined in Section 2.
2) Assumptions: A description of any assumptions formed by the Master Contractor in
developing the Technical Proposal.
3) Risk Assessment: An assessment of any risks inherent in the work requirements and
actions to mitigate these risks.
4) Proposed Solution: A description of the Master Contractor’s proposed solution to
accomplish the specified work requirements.
5) Proposed Tools: A description of all proposed tools that will be used to facilitate the
work.
6) Tasks and Deliverables: A description of and the schedule for each task and
deliverable, illustrated by a Gantt chart. Start and completion dates for each task,
milestone, and deliverable shall be indicated. The Gantt chart will form the baseline for
task order monitoring, and will be updated bi-weekly as part of progress reporting (see
Section 2.7.1 Project Management).
7) Work Breakdown Structure: A detailed work breakdown structure and staffing
schedule, with labor hours by skill category that will be applied to meet each milestone
and deliverable, and to accomplish all specified work requirements.
8) Acceptance Criteria: A statement acknowledging the Master Contractor’s
understanding of the acceptance criteria.
9) Warranty Support: The time period and service level of warranty

B) Proposed Personnel
1) Identify and provide resumes for all proposed personnel by labor category.
2) Provide the names and titles of all key management personnel who will be involved
with supervising the services rendered under this TO Agreement.
3) Complete and provide Attachment 5 – Labor Classification Personnel Resume
Summary.
4) A list of all subcontractors in addition to those used to satisfy the MBE subcontracting
participation goal (A detailed description of the contributing roles of all subcontractors
including the intended areas of use of Minority Business Enterprises (MBEs), relative
to the requirements of this TORFP

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C) MBE Participation
1) Submit completed MBE Documents Attachment 2, Forms D-1 and D-2.

D) Subcontractors

1) Identify all proposed subcontractors, including MBEs, and their full roles in the
performance of this TORFP Scope of Work.

E) Master Contractor and Subcontractor Experience and Capabilities

1) Provide three examples of projects that you have completed that were similar in
scope to the one defined in this TORFP Scope of Work. Each of the three examples must
include a reference complete with the following:

a) Name of organization.

b) Name, title, and telephone number of point-of-contact for the reference.

c) Type, and duration of contract(s) supporting the reference.

d) The services provided, scope of the contract and performance objectives

satisfied as they relate to the scope of this TORFP.


e) Whether the Master Contractor is still providing these services and, if not, an
explanation of why it is no longer providing the services to the client
organization.
f) Experience Information in State Contracts.
As part of its offer, each Offeror is to provide a list of all contracts with
any entity of the State of Maryland that it is currently performing or
which have been completed within the last 5 years. Information
obtained regarding the offeror’s level of performance on State
contracts will be considered as part of the experience for past
performance evaluation criteria of this RFP. For each identified
contract the Offeror is to provide:
1. The State contracting entity
2. A brief description of the services/goods 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)
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.
F) Proposed Facility

1) Identify Master Contractor’s facilities including address, from which any work will be
performed.

G) State Assistance

1) Provide an estimate of expectation concerning participation by State personnel.

H) Confidentiality

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1) A Master Contractor should give specific attention to the identification of those
portions of its proposal that it considers confidential, 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, Title 10,
Subtitle 6, of the State Government Article of the Annotated Code of Maryland.
Contractors are advised that, upon request for this information from a third party, the
TO Procurement Officer will be required to make an independent determination
regarding whether the information may be disclosed.

3.2.2 THE FINANCIAL RESPONSE OF THE TO PROPOSAL SHALL INCLUDE:

A) A description of any assumptions on which the Master Contractor’s Financial Proposal is


based.

B) Completed Financial Proposal - Attachment 1 including:

Fixed Price Component

The Contractor shall provide the following in the Financial Proposal”:

1) Assumptions: A description of any assumptions formed by the


Contractor in developing the Financial Proposal
2) Formatting requirements for the price breakdown structure (See
Attachment 1 Price Proposal)
a) Fixed-price dollar figures will be rounded to the nearest whole dollar
b) The information should continue, as necessary and appropriate, to c
cover all deliverables
3) List all deliverables, even those not separately priced
4) This task order is a fixed price agreement (pricing should be based on a
maximum of 20 critical calls and 100 non-critical calls per month) In
addition, there is a time and material component for call exceeding the
maximum number (20 critical, 100 non-critical) per month.

Fixed Price Component

In order to implement a standard method by which the State can compare the
proposed cost of competing proposals and make informed judgments about the
reasonableness of proposed prices, price breakdown data shall be submitted in a
common tabular format (See Attachment 1 Price Proposal):

1.) All personnel costs and other costs figures shall be fully loaded rates, in
accordance with the terms and conditions of the Master Contract. Separate
pricing for overhead profit, G&A etc is unacceptable.
2.) Each deliverable specified in the TORFP must be addressed by the price
breakdown submitted in the Contractor’s financial proposal. Contractors
are free to suggest additional deliverables or milestones in their proposals.
3.) Proposed cost will be placed in two categories: Labor Cost and Material
Costs. An experience based, assumed failure rate of approximately 4% can
be expected.

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a ) Proposed labor skill category: a listing by title of each labor
category proposed by the Contractor to accomplish or produce
deliverables
b) Hourly Rate-the hourly rate for each labor category (In accordance
with the Contractor’s price proposal, submitted in response to the
Master Contract
c) Total cost for Each Labor Category-The product of the proposed
Hourly Rate times the Number of Hours Proposed

4.) The labor cost will appear as the last entry in the price proposal and will be
the sum of all the entries made in the column, Total Cost for Each Labor
Category.

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SECTION 4 - PROCEDURE FOR AWARDING A TO

AGREEMENT

4.1 EVALUATION CRITERIA


The TO Contractor will be selected from among all eligible Master Contractors within the appropriate
functional area responding to the CATS TORFP. In making the TO Agreement award determination,
the TO Requesting Agency will consider all information submitted in accordance with Section 3.

4.2 TECHNICAL CRITERIA


The following are technical criteria for evaluating a TO Proposal in descending order of importance.\

1) The Qualifications of the proposed personnel meet or exceed the minimum


Qualification set forth in the Master Contract
2) Efficiency and effectiveness of the work plan, including the approach and
methodology for completing the requirements of the Task Order, the reporting
mechanism for ensuring project schedules are met and change control and testing
methodology
3) Efficiency and effectiveness of the overall plan of action including project
management and reporting methodology.
4) Satisfactory past performance on engagements provided as reference accounts in the
Contractor’s Technical Proposal
5) The required level of MBE Participation
6) The level of Economic benefit to the Sate of Maryland
7) Information obtained regarding the offeror’s level of performance on State
contracts will be considered as part of the experience for past performance
evaluation criteria of this RFP

The Task Order Agreement will be awarded to the proposal that is most advantageous to the State,
considering evaluation factors set forth and price.

4.3 SELECTION PROCEDURES


4.3.1 TO Proposals deemed technically qualified will have their financial proposal considered. All
others will receive e-mail notice from the TO Procurement Officer of not being selected to
perform the work.
4.3.2 Qualified TO Proposal financial responses will be reviewed and ranked from lowest to highest
price proposed.
4.3.3 The most advantageous TO Proposal offer considering technical and financial submission shall
be selected for the work assignment. In making this selection technical merit will receive
greater weight than price.

4.4 COMMENCEMENT OF WORK UNDER A TO AGREEMENT


Commencement of work in response to a TO Agreement shall be initiated only upon issuance of a fully
executed TO Agreement, Purchase Order and by a Notice to Proceed authorized by the TO
Procurement Officer. (See Attached sample of Notice to Proceed Letter)

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ATTACHMENT 1

PRICE PROPOSAL FORM

PRICE PROPOSAL FOR CATS TORFP # N00P7200592file will be the TO Proposal technical
response to this TORFP and titled, “CATS TORFP # N00P7200592
Agency Control Number: OTHS/OTHS-07-004S

Base Year

Identification Deliverable Proposed Total Yearly


Monthly Fixed Fixed Price
Price
# of Deliverable Title of Deliverable
Monthly fixed price for maintenance
and hardware repair services as
defined in Section 2 (Scope of Work)

Option year -1

Identification Deliverable Proposed Total Yearly


Monthly Fixed Fixed Price
Price
# of Deliverable Title of Deliverable
Monthly fixed price for maintenance
and hardware repair as defined in
Section 2 (Scope of Work )

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PRICE PROPOSAL FOR CATS TORFP # N00P7200592file will be the TO Proposal technical
response to this TORFP and titled, “CATS TORFP # N00P7200592
Agency Control Number: OTHS/OTHS-07-004S

Option year 2

Identification Deliverable Monthly Fixed Total Yearly


Price Fixed Price
# of Deliverable Title of Deliverable
Monthly fixed price for maintenance
and hardware repair as defined in
Section 2 (Scope of Work)

Grand Total of base year and two (2) option years

Identification Deliverable Yearly Total base year and


Fixed Price option years Fixed Price
# of Deliverable Title of Deliverable
Total of all years
including options

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE

FORMS

TO CONTRACTOR MINORITY BUSINESS ENTERPRISE REPORTING REQUIREMENTS


CATS TORFP # file will be the TO Proposal technical response to this TORFP and titled, “CATS
TORFP ADPICS PO# N00P7200592 OTHS/OTHS-07-004S

These instructions are meant to accompany the customized reporting forms sent to you by the TO
Manager. If, after reading these instructions, you have additional questions or need further
clarification, please contact the TO Manager immediately.

1. As the TO Contractor, you have entered into a TO Agreement with the State of Maryland. As
such, your company/firm is responsible for successful completion of all deliverables under the
contract, including your commitment to making a good faith effort to meet the MBE participation
goal(s) established for TORFP. Part of that effort, as outlined in the TORFP, includes submission
of monthly reports to the State regarding the previous month’s MBE payment activity. Reporting
forms D-5 (TO Contractor Paid/Unpaid MBE Invoice Report) and D-6 (Subcontractor
Paid/Unpaid MBE Invoice Report) are attached for your use and convenience.

2. The TO Contractor must complete a separate Form D-5 for each MBE subcontractor for each
month of the contract and submit one copy to each of the locations indicated at the bottom of the
form. The report is due no later than the 15th of the month following the month that is being
reported. For example, the report for January’s activity is due no later than the 15th of February.
With the approval of the TO Manager, the report may be submitted electronically. Note: Reports
are required to be submitted each month, regardless of whether there was any MBE payment
activity for the reporting month.

3. The TO Contractor is responsible for ensuring that each subcontractor receives a copy (e-copy of
and/or hard copy) of Form D-6. The TO Contractor should make sure that the subcontractor
receives all the information necessary to complete the form properly, i.e., all of the information
located in the upper right corner of the form. It may be wise to customize Form D-6 (upper right
corner of the form) for the subcontractor the same as the Form D-5 was customized by the TO
Manager for the benefit of the TO Contractor. This will help to minimize any confusion for those
who receive and review the reports.
4. It is the responsibility of the TO Contractor to make sure that all subcontractors submit reports no
later than the 15th of each month, regardless of whether there was any MBE payment activity for the
reporting month. Actual payment data is verified and entered into the State’s financial
management tracking system from the subcontractor’s D-6 report only. Therefore, if the
subcontractor(s) do not submit their D-6 payment reports, the TO Contractor cannot and will not be
given credit for subcontractor payments, regardless of the TO Contractor’s proper submission of
Form D-5. The TO Manager will contact the TO Contractor if reports are not received each month
from either the prime contractor or any of the identified subcontractors. The TO Contractor must
promptly notify the TO Manager if, during the course of the contract, a new MBE subcontractor is
utilized. Failure to comply with the MBE contract provisions and reporting requirements may result
in sanctions, as provided by COMAR 21.11.03.13.

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS

FORM D – 1

Certified MBE Utilization and Fair Solicitation Affidavit


This document shall be included with the submittal of the Offeror’s TO Proposal. If the Offeror
fails to submit this form with the TO Proposal, the TO Procurement Officer shall determine that
the Offeror’s TO Proposal is not reasonably susceptible of being selected for award.
In conjunction with the offer submitted in response to TORFP No. will be the TO Proposal technical
response to this TORFP and titled, “CATS TORFP# N00P7200592, I affirm the following:

1. I acknowledge the overall certified Minority Business Enterprise (MBE) participation goal of ___
percent and, if specified in the TORFP, sub-goals of ____ percent for MBEs classified as African
American-owned and ____ percent for MBEs classified as women-owned. I have made a good
faith effort to achieve this goal.

OR

After having made a good faith effort to achieve the MBE participation goal, I conclude that I am
unable to achieve it. Instead, I intend to achieve an MBE goal of _______percent and request a
waiver of the remainder of the goal. If I am selected as the apparent TO Agreement awardee, I
will submit written waiver documentation that complies with COMAR 21.11.03.11 within 10
business days of receiving notification that our firm is the apparent low bidder or the apparent
awardee.

2. I have identified the specific commitment of certified Minority Business Enterprises by completing
and submitting an MBE Participation Schedule (Attachment 2 - Form D-2) with the proposal.

3. I acknowledge that the MBE subcontractors/suppliers listed in the MBE Participation Schedule
will be used to accomplish the percentage of MBE participation that I intend to achieve.

4. I understand that if I am notified that I am the apparent TO Agreement awardee, I must submit the
following documentation within 10 working days of receiving notice of the potential award or
from the date of conditional award (per COMAR 21.11.03.10), whichever is earlier.
(a) Outreach Efforts Compliance Statement (Attachment D-3)
(b) Subcontractor Project Participation Statement (Attachment D-4)
(c) MBE Waiver Documentation per COMAR 21.11.03.11 (if applicable)
(d) Any other documentation required by the TO Procurement Officer to ascertain
offeror’s responsibility in connection with the certified MBE participation goal.

If I am the apparent TO Agreement awardee, I acknowledge that if I fail to return each


completed document within the required time, the TO Procurement Officer may determine that
I am not responsible and therefore not eligible for TO Agreement award. If the TO Agreement
has already been awarded, the award is voidable.

5. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided not less
than the same information and amount of time to respond as were non-MBE subcontractors.

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I solemnly affirm under the penalties of perjury that the contents of this paper are true to the best of my
knowledge, information, and belief.

_________________________________ __________________________________
Offeror Name Signature of Affiant

_________________________________ ___________________________________
Address Printed Name, Title

___________________________________

___________________________________

___________________________________

___________________________________
Date

SUBMIT AS A .PDF FILE WITH TO RESPONSE

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS

FORM D – 2

Minority Business Enterprise Participation Schedule


This document shall be included with the submittal of the TO Proposal. If the Offeror fails to
submit this form with the TO Proposal, the TO Procurement Officer shall determine that the TO
Proposal is not reasonably susceptible of being selected for award.
TO Prime Contractor (Firm Name, Address, Task Order Description
Phone)

Task Order Agreement Number ADPICS PO #N00P7200592

List Information For Each Certified MBE Subcontractor On This Project


Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

USE ATTACHMENT D-2 CONTINUATION PAGE AS NEEDED


SUMMARY
TOTAL MBE PARTICIPATION: %
TOTAL WOMAN-OWNED MBE PARTICIPATION: %
TOTAL AFRICAN AMERICAN-OWNED MBE PARTICIPATION: %

Document Prepared By: (please print or type)


Name:______________________________ Title:___________________________
SUBMIT AS A .PDF FILE WITH TO RESPONSE

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS

FORM D – 2
Minority Business Enterprise Participation Schedule (Continued)
List Information For Each Certified MBE Subcontractor On This Project
Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

Minority Firm Name MBE Certification Number

Work To Be Performed/SIC

Percentage of Total Contract

SUBMIT AS A .PDF FILE WITH TO RESPONSE

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ATTACHMENT 2 - FORM D-3

MBE OUTREACH EFFORTS COMPLIANCE STATEMENT

Outreach Efforts Compliance Statement

1. In conjunction with the bid or offer submitted in response to TORFP # N00P7200592, I


state the following:
2. Offeror identified opportunities to subcontract in these specific work categories:
3. Attached to this form are copies of written solicitations (with bidding instructions) used
to solicit certified MBEs for these subcontract opportunities.
4. Offeror made the following attempts to contact personally the solicited MBEs:
5. … Offeror assisted MBEs to fulfill or to seek waiver of bonding requirements.

(DESCRIBE EFFORTS)

… This project does not involve bonding requirements.

6. Offeror did/did not attend the pre-proposal conference

… No pre-proposal conference was held.

__________________________________ By:___________________________________
Offeror Name Name

__________________________________ ___________________________________
Address Title
___________________________________
Date

SUBMIT WITHIN 10 WORKING DAYS OF RECEIVING NOTICE OF THE POTENTIAL AWARD

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS

FORM D – 4
Subcontractor Project Participation Statement
SUBMIT ONE FORM FOR EACH CERTIFIED MBE LISTED IN THE MBE PARTICIPATION SCHEDULE

Provided that ____________________________ is awarded the TO Agreement in


(Prime TO Contractor Name)
conjunction with TORFP No. ADPICS PO #N00P7200592, it and
_____________________________,
(Subcontractor Name)
MDOT Certification No. , intend to enter into a contract by which the subcontractor shall:

(Describe work to be performed by MBE):


____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

… No bonds are required of Subcontractor

… The following amount and type of bonds are required of Subcontractor:

By: By:

_____________________________ _________________________________________
Prime Contractor Signature Subcontractor Signature

_____________________________ _________________________________________
Name Name

_____________________________ _________________________________________
Title Title

_____________________________ __________________________________________
Date Date

SUBMIT WITHIN 10 WORKING DAYS OF RECEIVING NOTICE OF THE POTENTIAL AWARD

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ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS
FORM D – 5
Minority Business Enterprise Participation TO Contractor Paid/Unpaid Invoice Report
Report #: ________ CATS TORFP #ADPICS PO# N00P7200592
Contracting Unit ____________________________________
Reporting Period (Month/Year): Contract Amount____________________________________
_____________ MBE Sub Contract Amt______________________________
Contract Begin Date_________________________________
Report is due by the 15th of the following Contract End Date___________________________________
month. Services Provided___________________________________

Prime TO Contractor: Contact Person:

Address:

City: State: ZIP:

Phone: FAX:

Subcontractor Name: Contact Person:

Phone: FAX:

Subcontractor Services Provided:


List all unpaid invoices over 30 days old received from the MBE subcontractor named above:

1.

2.

3.

Total Dollars Unpaid: $____________________________

**If more than one MBE subcontractor is used for this contract, please use separate forms.
Return one copy of this form to the following address:
TO Manager: TO Procurement Officer:
John Gallagher, Deputy CIO, System Hattie M. Crosby, Procurement Specialist
Management/Department of Human Office of Technology for Human Services
Resources/Office of Technology for 311 West Saratoga Street
Human Services Baltimore, MD 21201
311 West Saratoga Street Office Phone: (410) 767-7145
Baltimore, MD 21201 Fax (410) 333-0433
Office Phone (410) 767-7214 Email: [email protected]
Fax (440) 333-0433
Email: [email protected]

Signature:________________________________________________ Date:_____________________

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SUBMIT AS REQUIRED IN TO CONTRACTOR MBE REPORTING REQUIREMENTS
ATTACHMENT 2 – MINORITY BUSINESS ENTERPRISE FORMS
FORM D – 6
Minority Business Enterprise Participation Subcontractor Paid/Unpaid Invoice Report
Report #: _____ CATS TORFP # N00P7200592
Contracting Unit____________________________________
Reporting Period (Month/Year): Contract Amount____________________________________
__/_____ MBE Sub Contract Amt______________________________
Contract Begin Date_________________________________
Report Due By the 15th of the Contract End Date___________________________________
following Month. Services Provided___________________________________

MBE Subcontractor Name:

MDOT Certification #:

Contact Person:

Address:

City: State: ZIP:

Phone: FAX:

Subcontractor Services Provided:

List all payments received from Prime TO List dates and amounts of any unpaid invoices
Contractor during reporting period over 30 days old.
indicated above.
1.
1.
2.
2.
3.
3.
Total Dollars Unpaid:
Total Dollars Paid: $_________________________
$_________________________

Prime TO Contractor: Contact Person:


Return one copy of this form to the following address:

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 32
TO Manager: John Gallagher, Deputy TO Procurement Officer:
CIO, Systems Management Hattie M. Crosby, Procurement Specialist
Department of Human Office of Technology for Human Services
Resources/Office of Technology for 311 West Saratoga Street

Human Services
Baltimore, MD 21201

311 West Saratoga Street


Office Phone: (410) 767-7145

Baltimore, MD 21201
Fax (410) 333-0433

Office Phone (410) 767-7214


Email: [email protected]

Fax (440) 333-0433

Email : [email protected]

Signature:________________________________________________ Date:_____________________

SUBMIT AS REQUIRED IN TO CONTRACTOR MBE REPORTING REQUIREMENTS

OTHS/OTHS-07-004S
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ATTACHMENT 3
Task Order Agreement
CATS TORFP # N00P7200592. Agency Control Number: 0THS/OTHS-07-004
OF MASTER CONTRACT # 050R5800338

This Task Order Agreement (“TO Agreement”) is made this 1st day of XXXX by and between
MASTER CONTRACTOR and the STATE OF MARYLAND, Department of Human Resources
Office of Technology for Human Services.

IN CONSIDERATION of the mutual premises and the covenants herein contained and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:

1. Definitions. In this TO Agreement, the following words have the meanings indicated:

a. “Agency” means the DHR/Office of Technology for Human Services, as identified in the
CATS TORFP # N00P7200592; 0THS/OTHS-07-004
b. “CATS TORFP” means the Task Order Request for Proposals # N00P7200592;
0THS/OTHS-07-004, dated MONTH DAY, YEAR, including any addenda.

c. “Master Contract” means the CATS Master Contract between the Maryland Department of
Budget and Management and MASTER CONTRACTOR dated December 19, 2005.

d. “TO Procurement Officer” means TO Procurement Officer. The Agency may change the TO
Procurement Officer at any time by written notice to the TO Contractor.

e. “TO Agreement” means this signed TO Agreement between DHR Office of Technology for
Human Resources and MASTER CONTRACTOR.

f. “TO Contractor” means the CATS Master Contractor awarded this TO Agreement, whose
principal business address is _______________________ and whose principal office in
Maryland is ____________________.

g. “TO Manager” means TO Manager of the Agency. The Agency may change the TO
Manager at any time by written notice to the TO Contractor.

h. “TO Proposal - Technical” means the TO Contractor’s technical response to the CATS
TORFP dated date of TO Proposal – Technical.

i. “TO Proposal – Financial” means the TO Contractor’s financial response to the CATS
TORFP dated date of TO Proposal - FINANCIAL.

j. “TO Proposal” collectively refers to the TO Proposal – Technical and TO Proposal –


Financial.

OTHS/OTHS-07-004S
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2. Scope of Work

2.1. This TO Agreement incorporates all of the terms and conditions of the Master Contract and shall
not in any way amend, conflict with or supercede the Master Contract.

2.2 The TO Contractor shall, in full satisfaction of the specific requirements of this TO Agreement,
provide the services set forth in Section 2 of the CATS TORFP. These services shall be provided
in accordance with the Master Contract, this TO Agreement, and the following Exhibits, which
are attached and incorporated herein by reference. If there is any conflict among the Master
Contract, this TO Agreement, and these Exhibits, the terms of the Master Contract shall govern.
If there is any conflict between this TO Agreement and any of these Exhibits, the following order
of precedence shall determine the prevailing provision:

a. The TO Agreement,
b. Exhibit A – CATS TORFP
c. Exhibit B – TO Proposal-Technical
d. Exhibit C – TO Proposal-Financial

2.3 The TO Procurement Officer may, at any time, by written order, make changes in the work within
the general scope of the TO Agreement. No other order, statement or conduct of the TO
Procurement Officer or any other person shall be treated as a change or entitle the TO Contractor
to an equitable adjustment under this section. Except as otherwise provided in this TO
Agreement, if any change under this section causes an increase or decrease in the TO
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 TO Agreement price shall be made and
the TO Agreement modified in writing accordingly. The TO Contractor must assert in writing its
right to an adjustment under this section within thirty (30) days of receipt of written change order
and shall include a written statement setting forth the nature and cost of such claim. No claim by
the TO Contractor shall be allowed if asserted after final payment under this TO Agreement.
Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause of
the Master Contract. Nothing in this section shall excuse the TO Contractor from proceeding
with the TO Agreement as changed.

3. Time for Performance.

Unless terminated earlier as provided in the Master Contract, the TO Contractor shall provide the
services described in the TO Proposal and in accordance with the CATS TORFP on receipt of a
Notice to Proceed from the TO Manager. The term of this TO Agreement is for a period of 14
months, commencing on the date of Notice to Proceed and terminating on XXX31, 2007.

4. Consideration and Payment

4.1 The consideration to be paid the TO Contractor shall be done so in accordance with the CATS
TORFP and shall not exceed $total amount of task order. Any work performed by the TO
Contractor in excess of the not-to-exceed ceiling amount of the TO Agreement without the prior
written approval of the TO Manager is at the TO Contractor’s risk of non-payment.

4.2 Payments to the TO Contractor shall be made as outlined Section 2 of the CATS TORFP, but no
later than thirty (30) days after the Agency’s receipt of an invoice for services provided by the TO
Contractor, acceptance by the Agency of services provided by the TO Contractor, and pursuant to
the conditions outlined in Section 4 of this Agreement.

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 35
4.3 Each invoice for services rendered must include the TO Contractor’s Federal Tax Identification
Number which is Federal ID number. Charges for late payment of invoices other than as
prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code
of Maryland, as from time-to-time amended, are prohibited. Invoices must be submitted to the
Agency TO Manager unless otherwise specified herein.

4.4 In addition to any other available remedies, if, in the opinion of the TO Procurement Officer, the
TO Contractor fails to perform in a satisfactory and timely manner, the TO Procurement Officer
may refuse or limit approval of any invoice for payment, and may cause payments to the TO
Contractor to be reduced or withheld until such time as the TO Contractor meets performance
standards as established by the TO Procurement Officer.

IN WITNESS THEREOF, the parties have executed this TO Agreement as of the date
hereinabove set forth.

TO CONTRACTOR NAME

_____________________________________ ____________________________
By: Type or Print TO Contractor POC Date

Witness: _______________________

STATE OF MARYLAND, DEPARTMENT OF HUMAN RESOURCES/OFFICE OF

TECHNOLOGY FOR HUMAN SERVICES , DEPARTMENT OF BUDGET AND MANAGEMENT,

OFFICE OF INFORMATION TECHNOLOGY, APPLICATION SYSTEMS MANAGEMENT

_____________________________________ ____________________________
By: Hattie M. Crosby, TO Procurement Officer Date

Witness: _______________________

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
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ATTACHMENT 4

Conflict Of Interest Affidavit And Disclosure

A. "Conflict of interest" means that because of other activities or relationships with other persons, a
person is unable or potentially unable to render impartial assistance or advice to the State, or the
person's objectivity in performing the contract work is or might be otherwise impaired, or a person has
an unfair competitive advantage.

B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, Offeror,
Contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or
agent of any of them if the employee or agent has or will have the authority to control or supervise all
or a portion of the work for which a bid or offer is made.

C. The bidder or Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or
circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest
(explain in detail—attach additional sheets if necessary):

E. The bidder or Offeror agrees that if an actual or potential conflict of interest arises after the date of
this affidavit, the bidder or Offeror shall immediately make a full disclosure in writing to the
procurement officer of all relevant facts and circumstances. This disclosure shall include a description
of actions which the bidder or Offeror has taken and proposes to take to avoid, mitigate, or neutralize
the actual or potential conflict of interest. If the contract has been awarded and performance of the
contract has begun, the Contractor shall continue performance until notified by the procurement officer
of any contrary action to be taken.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.

Date:____________________ By:______________________________________
(Authorized Representative and Affiant)

SUBMIT THIS WITH THE TECHNICAL RESPONSE

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
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ATTACHMENT 5

Labor Classification Personnel Resume Summary

INSTRUCTIONS:

1. Master Contractors must comply with all personnel requirements under the Master Contract RFP
050R5800338.

2. Only labor categories proposed in the Master Contractors Technical proposal may be proposed
under the CATS TORFP process.

3. For each person proposed in any of the labor categories, complete one Labor Category Personnel
Resume Summary to document how the proposed person meets each of the minimum requirements.

For example: If you propose John Smith who is your subcontractor and you believe he meets the
requirements of the Group Facilitator, you will complete the top section of the form by entering
John Smith’s name and the subcontractor’s company name. You will then complete the right side
of the Group Facilitator form documenting how the individual meets each of the requirements.
Where there is a time requirement such as 3 months experience, you must provide the dates from
and to showing an amount of time that equals or exceeds mandatory time requirement. In this case,
3 months.

4. Each form also includes examples of duties to perform. The proposed person must be able to fulfill
those duties.

5. For each subject matter expert, the State will identify the particular area of expertise and the Master
Contractor shall provide proof the individual has qualifications within that area of expertise.

6. Additional information may be attached to each Labor Category Personnel Resume Summary that
may assist a full and complete understanding of the individual being proposed.

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
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ATTACHMENT 5

LABOR CLASSIFICATION PERSONNEL RESUME SUMMARY

(CONTINUED)

Proposed Individual’s Name/Company:


How does the proposed individual meet each
requirement?
LABOR CLASSIFICATION TITLE – (INSERT LABOR CATEGORY NAME)
Education:
(Insert the education description from the CATS RFP
from section 2.5 for the applicable labor category.)

Experience:
(Insert the experience description from the CATS RFP
from section 2.5 for the applicable labor category.)

Duties:
(Insert the duties description from the CATS RFP from
section 2.5 for the applicable labor category.)

The information provided on this form for this labor class is true and correct to the best of my knowledge:

Contractor’s Contract Administrator:

__________________________________ _______________
Signature Date

Proposed Individual:

__________________________________ _______________
Signature Date

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 1
ATTACHMENT 6

Directions to the Pre-TO Proposal Conference

All visitors must enter the front entrance of the building, at 1100 Eastern Boulevard
Baltimore, MD 21211, with Photo I.D to enter the building, Check In at the visitor’s Desk and you will be directed to
Conference Room 2.

Parking Is Available at the site

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 2
ATTACHMENT 7

NOTICE TO PROCEED

Day Month, Year

TO Contractor Name
TO Contractor Mailing Address

Re: CATS Task Order Agreement # N00P7200592

Dear TO Contractor Contact:

This letter is your official Notice to Proceed as of Day Month, Year, for the above-referenced Task
Order Agreement. John Gallagher, , TO Manager of the Department of Human Resources will serve as
your contact person on this Task Order. John Gallagher, , TO Manager can be reached at telephone
(410) 767-7214 and email address.

Enclosed is an original, fully executed Task Order Agreement and purchase order.

Sincerely,

Hattie M. Crosby, Procurement Specialist


Task Order Procurement Officer

Enclosures (2)

cc: John Gallagher, , TO Manager


Procurement Liaison Office, Office of Information Technology, DBM
Project Management Office, Office of Information Technology, DBM

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
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ATTACHMENT 8
AGENCY RECEIPT OF DELIVERABLE FORM
I acknowledge receipt of the following:

Project Name: Hardware Maintenance and Repair Service Support

TO Agreement Number: # N00P7200592 Agency Control Number: OTHS/OTHS-07-004

Title of Deliverable: _______________________________________________________

TORFP Reference Section Number: ______________________

Deliverable Reference ID Number: ________________________

Name of TO Manager: John Gallagher,

__________________________________ __________________________________
TO Manager Signature Date Signed

Name of Contractor’s Project Manager: __________________________________

__________________________________ __________________________________
Contractor’s Project Manager Signature Date Signed

SUBMIT AS REQUIRED IN SECTION 2.2.3 OF THE TORFP.

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 4
ATTACHMENT 9

ACCEPTANCE OF DELIVERABLE FORM

Agency Name: Department of Human Resources/Office of Technology for Human Services

Project Name: Hardware Maintenance and Repair Service Support

TO Manager: John Gallagher, (410) 767-7214

To: TO Contractor’s Contract Manager

The following deliverable, as required by TO Agreement # N00P7200592, Agency Control Number: OTHS/OTHS-07

004 has been received and reviewed in accordance with the TORFP.

Title of deliverable: ____________________________________________________________

TORFP Contract Reference Number: Section # __________

Deliverable Reference ID # _________________________

This deliverable:

Is accepted as delivered.

Is rejected for the reason(s) indicated below.

REASON(S) FOR REJECTING DELIVERABLE:

OTHER COMMENTS:

__________________________________ _________________________________
TO Manager Signature Date Signed

ISSUED BY THE TO MANAGER AS REQUIRED IN SECTION 2.2.3 OF THE TORFP.

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 5
ATTACHMENT 10

NON-DISCLOSURE AGREEMENT (OFFEROR)

This Non- Disclosure Agreement (the “Agreement”) is made this ___ day of ________ 200_, by and between
_________________________ (hereinafter referred to as "the OFFEROR ") and the State of Maryland (hereinafter referred to as " the
State").
OFFEROR warrants and represents that it intends to submit a TO Proposal in response to CATS TORFP #N00P7200592 , Agency
Control Number: OTHS/OTHS-07-004S, for Hardware Maintenance and Repair Services Support. In order for the OFFEROR to
submit a TO Proposal, it will be necessary for the State to provide the OFFEROR with access to certain confidential information
including, but not limited, to _____________________. All such information provided by the State shall be considered Confidential
Information regardless of the form, format, or media upon which or in which such information is contained or provided, regardless of
whether it is oral, written, electronic, or any other form, and regardless of whether the information is marked as “Confidential
Information”. As a condition for its receipt and access to the Confidential Information described in Section 1.7 of the TORFP,
OFFEROR agrees as follows:

1. OFFEROR will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any Confidential
Information received under Section 1.7, except in connection with the preparation of its TO Proposal.

2. Each employee or agent of the OFFEROR who receives or has access to the Confidential Information shall execute a copy of
this Agreement and the OFFEROR shall provide originals of such executed Agreements to the State. Each employee or
agent of the OFFEROR who signs this Agreement shall be subject to the same terms, conditions, requirements and liabilities
set forth herein that are applicable to the OFFEROR.

3. OFFEROR shall return the Confidential Information to the State within five business days of the State’s Notice of
recommended award. If the OFFEROR does not submit a Proposal, the OFFEROR shall return the Confidential Information
to Gisela Blades (TO Procurement Officer) Department of Budget and Management on or before the due date for Proposals.

4. OFFEROR acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the State and
agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible use of the
Confidential Information. The State’s rights and remedies hereunder are cumulative and the State expressly reserves any and
all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to
seek damages for the OFFEROR’S failure to comply with the requirements of this Agreement. The OFFEROR consents to
personal jurisdiction in the Maryland State Courts.

5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only,
attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the OFFEROR or any employee
or agent of the OFFEROR to comply with the requirements of this Agreement, OFFEROR and such employees and agents of
OFFEROR shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses,
and/or costs.

6. This Agreement shall be governed by the laws of the State of Maryland .OFFEROR acknowledges that pursuant to Section
11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland, a person may not willfully make
a false or fraudulent statement or representation of a material fact in connection with a procurement contract. Persons
making such statements are guilty of a felony and on conviction subject to a fine of not more than $20,000 and/or
imprisonment not exceeding 5 years or both. OFFEROR further acknowledges that this Agreement is a statement made in
connection with a procurement contract.

7. The individual signing below warrants and represents that they are fully authorized to bind the OFFEROR to the terms and
conditions specified in this Agreement. If signed below by an individual employee or agent of the OFFEROR under Section
2 of this Agreement, such individual acknowledges that a failure to comply with the requirements specified in this Agreement
may result in personal liability.
OFFEROR: ___________________________ BY: _________________________________
NAME: __________________________________ TITLE: _________________________________
ADDRESS:_______________________________________________________________________

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 6
SUBMIT AS REQUIRED IN SECTION 1.7 OF THE TORFP

ATTACHMENT 11

NON-DISCLOSURE AGREEMENT (TO CONTRACTOR)

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made as of this ___ day of ______________, 200__, by and
between the State of Maryland ("the State"), acting by and through its Department of Human Resources/Office of Technology for
Human Services (the “Department”), and ____________________ (“TO Contractor”), a corporation with its principal business office
located at _________________________________ and its principal office in Maryland located at
__________________________________.

RECITALS

WHEREAS, the TO Contractor has been awarded a Task Order Agreement (the “TO Agreement”) for Hardware
Maintenance and Repair Service Support , OTHS/OTHS-06-004. PO N00P7200592dated July 18, 2006, (the “TORFP) issued under
the Consulting and Technical Services procurement issued by the Department, Project Number 050R5800338; and

WHEREAS, in order for the TO Contractor to perform the work required under the TO Agreement, it will be necessary for
the State to provide the TO Contractor and the TO Contractor’s employees and agents (collectively the “TO Contractor’s Personnel”)
with access to certain confidential information regarding ________________________________ (the “Confidential Information”).

NOW, THEREFORE, in consideration of being given access to the Confidential Information in connection with the TORFP
and the TO Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge,
the parties do hereby agree as follows:

1. Confidential Information means any and all information provided by or made available by the State to the TO Contractor in
connection with the TO Agreement, regardless of the form, format, or media on or in which the Confidential Information is
provided and regardless of whether any such Confidential Information is marked as such. Confidential Information includes,
by way of example only, information that the TO Contractor views, takes notes from, copies (if the State agrees in writing to
permit copying), possesses or is otherwise provided access to and use of by the State in relation to the TO Agreement.

2. TO Contractor shall not, without the State’s prior written consent, copy, disclose, publish, release, transfer, disseminate, use,
or allow access for any purpose or in any form, any Confidential Information provided by the State except for the sole and
exclusive purpose of performing under the TO Agreement. TO Contractor shall limit access to the Confidential Information
to the TO Contractor’s Personnel who have a demonstrable need to know such Confidential Information in order to perform
under the TO Agreement and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the
Confidential Information. The names of the TO Contractor’s Personnel are attached hereto and made a part hereof as Exhibit
A. Each individual whose name appears on Exhibit A shall execute a copy of this Agreement and thereby be subject to the
terms and conditions of this Agreement to the same extent as the TO Contractor. TO Contractor shall update Exhibit A by
adding additional names as needed, from time to time.

3. If the TO Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are
assisting in the TO Contractor’s performance of the TORFP or who will otherwise have a role in performing any aspect of
the TORFP, the TO Contractor shall first obtain the written consent of the State to any such dissemination. The State may
grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion.

4. TO Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish
operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential
Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the
Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the
confidentiality of the Confidential Information.

5. TO Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure
of the Confidential Information by any of the TO Contractor’s Personnel or the TO Contractor’s former Personnel. TO
Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such
person(s).

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 7
6. TO Contractor shall, at its own expense, return to the Department, all copies of the Confidential Information in its care,
custody, control or possession upon request of the Department or on termination of the TO Agreement.

7. A breach of this Agreement by the TO Contractor or by the TO Contractor’s Personnel shall constitute a breach of the TO
Agreement between the TO Contractor and the State.

8. TO Contractor acknowledges that any failure by the TO Contractor or the TO Contractor’s Personnel to abide by the terms
and conditions of use of the Confidential Information may cause irreparable harm to the State and that monetary damages
may be inadequate to compensate the State for such breach. Accordingly, the TO Contractor agrees that the State may obtain
an injunction to prevent the disclosure, copying or improper use of the Confidential Information. The TO Contractor
consents to personal jurisdiction in the Maryland State Courts. The State’s rights and remedies hereunder are cumulative and
the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect
the Confidential Information and/or to seek damages from the TO Contractor and the TO Contractor’s Personnel for a failure
to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses,
or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to
any failure by the TO Contractor or any of the TO Contractor’s Personnel to comply with the requirements of this
Agreement, the TO Contractor shall hold harmless and indemnify the State from and against any such losses, damages,
liabilities, expenses, and/or costs.

9. TO Contractor and each of the TO Contractor’s Personnel who receive or have access to any Confidential Information shall
execute a copy of an agreement substantially similar to this Agreement and the TO Contractor shall provide originals of such
executed Agreements to the State.

10. The parties further agree that:

a. This Agreement shall be governed by the laws of the State of Maryland;

b. The rights and obligations of the TO Contractor under this Agreement may not be assigned or delegated, by operation of
law or otherwise, without the prior written consent of the State;

c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information;

d. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any
other provision of this Agreement;

e. Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as original signatures; and

f. The Recitals are not merely prefatory but are an integral part hereof.

Contractor/Contractor’s Personnel: Department of Human Resources/Office of Technology for


Human Services:

Name:__________________________ Name: _____________________________

Title:___________________________ Title:_______________________________

Date: ___________________________ Date: ______________________________

SUBMIT AS REQUIRED IN SECTION 1.7 OF THE TORFP

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 8
ATTACHMENT 12

An electronic list of all equipment and office location will be provided upon request, please contact:

Hattie M. Crosby, Agency Procurement Officer


311 West Saratoga Street
Baltimore, MD 21201

Telephone: (410) 767-7145

Fax (410) 333-0433

e-mail: [email protected]

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Hardware Maintenance and Repair Services
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ATTACHMENT 13

To obtain a copy of the past contract monthly activity report,


please contact:
Hattie M. Crosby, Agency Procurement Officer
311 West Saratoga Street
Baltimore, MD 21201

Telephone: (410) 767-7145

Fax (410) 333-0433

e-mail: [email protected]

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 10
EXHIBIT A

TO CONTRACTOR’S EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO THE

CONFIDENTIAL INFORMATION

Printed Name and Address


Signature Date
of Employee or Agent

__________________________________

__________________________________

__________________________________

__________________________________

__________________________________

OTHS/OTHS-07-004S
Hardware Maintenance and Repair Services
Page 11

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