DEPARTMENT OF HUMAN RESOURCES
Cecil County Department of Social Services
Maryland’s Human Services Agency
REQUEST FOR PROPOSALS (RFP)
SOLICITATION NO. CEDSS/CWS/16-001-S
Issue Date: May 18, 2015
Legal Services for Cecil County Department of Social Services
NOTICE
A Prospective Offeror that has received this document from the Department’s website located at www.dhr.maryland.gov or eMaryland Marketplace located at https://emaryland.buyspeed.com/bso/, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this RFP, should immediately contact the Procurement Officer and provide the Prospective Offeror’s name and mailing address so that addenda to the RFP or other communications can be sent to the Prospective Offeror.
Minority Business Enterprises Are Encouraged to Respond to this Solicitation
NOTICE TO VENDORS
Maryland Wants to Do
Business with You
In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer, Ellis Scott at or fax (410) 996-0464.
Please let us know why you are not bidding. (Check all that apply).
We do not offer the services/commodities requested.
Busy with other commitments.
Specifications are unclear or too restrictive.
Timetable is unworkable.
Bonding/Insurance requirements are prohibitive.
Our experience with State of Maryland has not been satisfactory.
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Bid/Proposal Number: CEDSS/CWS/16-001-S Entitled: Legal Services for Cecil County Department of Social Services
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Thank You.
STATE OF MARYLAND
DEPARTMENT OF HUMAN RESOURCES
RFP KEY INFORMATION SUMMARY SHEET
Request for Proposals: Legal Services for Cecil County Dept. of Social Services
Solicitation Number: CEDSS/CWS/16-001-S
RFP Issue Date: May 18, 2015
RFP Issuing Office: Department of Human Resources
Cecil County Department of Social Services
Procurement Officer: Ellis Scott, Procurement Officer
Cecil County Department of Social Services
170 East Main Street, 1st Floor
Elkton, Maryland 21921
Phone: 410-996-0314
Fax: 410-996-0464
Email:
State Project Manager: Nicole Meekins, Assistant Director for Services
Cecil County Department of Social Services
170 E. Main Street, Elkton MD 21921
Phone: (410) 996-0150
Email:
Proposals are to be sent to: Cecil County Department of Social Services
170 East Main Street, 1st Floor; Elkton, Maryland 21921
Attention: Ellis Scott
Pre-Proposal Conference: Thursday June 4, 2015 at 10:00 AM Local Time
Cecil County DSS; 170 East Main Street; Elkton, Maryland
Closing Date and Time: Tuesday July 21, 2015 at 3:00 PM Local Time
MBE Subcontracting Goal: 5% of Non-Personnel Costs
VSBE Subcontracting Goal: 0%
Table of Contents
SECTION 1 - GENERAL INFORMATION 7
1.1 Summary Statement 7
1.2 Abbreviations and Definitions 7
1.3 Contract Type 9
1.4 Contract Duration 9
1.5 Procurement Officer 10
1.6 State Project Manager 10
1.7 Pre-Proposal Conference 11
1.8 eMarylandMarketplace 11
1.9 Questions 11
1.10 Procurement Method 12
1.11 Proposals Due (Closing) Date and Time 12
1.12 Multiple or Alternate Proposals 12
1.13 Economy of Preparation 12
1.14 Public Information Act Notice 12
1.15 Award Basis 13
1.16 Oral Presentation 13
1.17 Duration of Proposal 13
1.18 Revisions to the RFP 13
1.19 Cancellations 13
1.20 Incurred Expenses 13
1.21 Protest/Disputes 14
1.22 Offeror Responsibilities 14
1.23 Substitution of Personnel 14
1.24 Mandatory Contractual Terms 17
1.25 Bid/Proposal Affidavit 17
1.26 Contract Affidavit 17
1.27 Compliance with Laws/Arrearages 17
1.28 Verification of Registration and Tax Payment 17
1.29 False Statements 18
1.30 Payments by Electronic Funds Transfer 18
1.31 Prompt Payment Policy 18
1.32 Electronic Procurements Authorized 18
1.33 Minority Business Enterprise Goals 20
1.34 Living Wage Requirements 22
1.35 Federal Funding Acknowledgement 23
1.36 Conflict of Interest Affidavit and Disclosure 24
1.37 Non-Disclosure Agreement 24
1.38 HIPAA - Business Associate Agreement 24
1.39 Non-Visual Access 24
1.40 Mercury and Products That Contain Mercury 24
1.41 Veteran-Owned Small Business Enterprise Goals 24
1.42 Location of the Performance of Services Disclosure 24
1.43 Department of Human Resources (DHR) Hiring Agreement 25
1.44 Small Business Reserve (SBR) Procurement 25
SECTION 2 – MINIMUM QUALIFICATIONS 26
2.1 Offeror Minimum Qualifications 26
SECTION 3 – SCOPE OF WORK 27
3.1 Background and Purpose 27
3.2 Scope of Work - Requirements 27
3.3 Security Requirements 31
3.4 Insurance Requirements 31
3.5 Problem Escalation Procedure 32
3.6 Invoicing 33
3.7 Contractor’s Project Manager 33
3.8 Post Award Kick-Off Meeting 34
3.9 MBE Reports 34
3.10 VSBE Reports 34
3.11 SOC 2 Type II Audit Report 34
3.12 End of Contract Transition 36
SECTION 4 – PROPOSAL FORMAT 37
4.1 Two Part Submission 37
4.2 Proposals 37
4.3 Delivery 37
4.4 Volume I – Technical Proposal 38
4.5 Volume II – Financial Proposal 44
SECTION 5 – EVALUATION COMMITTEE, EVALUATION CRITERIA, AND SELECTION PROCEDURE 45
5.1 Evaluation Committee 45
5.2 Technical Proposal Evaluation Criteria 45
5.3 Financial Proposal Evaluation Criteria 45
5.4 Reciprocal Preference 45
5.5 Selection Procedures 46
5.6 Documents Required upon Notice of Recommendation for Contract Award 47
RFP ATTACHMENTS 48
ATTACHMENT A – CONTRACT 50
ATTACHMENT B – BID/PROPOSAL AFFIDAVIT 65
ATTACHMENT C – CONTRACT AFFIDAVIT 74
ATTACHMENT D – MINORITY BUSINESS ENTERPRISE FORMS 79
ATTACHMENT E – PRE-PROPOSAL CONFERENCE RESPONSE FORM 107
ATTACHMENT F – FINANCIAL PROPOSAL INSTRUCTIONS 108
ATTACHMENT F – FINANCIAL PROPOSAL FORM 109
ATTACHMENT G – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS 110
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT 114
ATTACHMENT I – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE 121
ATTACHMENT J – NON-DISCLOSURE AGREEMENT 122
ATTACHMENT K – HIPAA BUSINESS ASSOCIATE AGREEMENT 126
ATTACHMENT L – MERCURY AFFIDAVIT 127
ATTACHMENT M – VETERAN-OWNED SMALL BUSINESS ENTERPRISE 128
ATTACHMENT N – LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE 129
ATTACHMENT O – DHR HIRING AGREEMENT 130
ATTACHMENT P – § 3-601 ANNOTATED CODE OF MARYLAND, HUMAN SERVICES ARTICLE 134
ATTACHMENT Q – MONTHLY ACTIVITY REPORT 135
ATTACHMENT R – USE OF CONFLICT ATTORNEY REPORT 136
ATTACHMENT S – REPORT OF POSTPONEMENTS 137
ATTACHMENT T – SAMPLE MONTHLY INVOICE 138
vi
CEDSS Legal Servies RFP
SECTION 1 - GENERAL INFORMATION
1.1 Summary Statement
1.1.1 The Cecil County Department of Social Services (CEDSS), a unit of the Maryland Department of Human Resources (DHR) is seeking to acquire the services of a practicing attorney, licensed in the State of Maryland, to represent the agency before the Cecil County Courts for matters of Child Welfare, Adult Protective Services, Adult Services, Foster Care, Child Care, and Services to Families with Children. In addition, the attorney must consult with and advise CEDSS staff on other general legal matters which may come before the Agency as required by the Maryland Annotated Code, Human Services Article § 3-601 (Attachment P) and as outlined in Section 3 of this Request for Proposals (RFP).
1.1.2 It is the State’s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and the State. The anticipated duration of services to be provided under this Contract is five (5) years. See Section 1.4 for more information.
1.1.3 The Department intends to make a single award as a result of this RFP.
1.1.4 Offerors, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.
1.2 Abbreviations and Definitions
For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:
a. Adult Protective Services – A social services program that assists vulnerable adults who are unable to provide for their basic living needs or access necessary professional services, or protect their own interests and are subject to abuse, neglect, exploitation, or self-neglect. Service provision is normally limited to 6 months in which time risk is reduced. Adult Protective Services makes every effort to stabilize the vulnerable adult in the adult's own home within the community through community support services that reduce risk factors.
b. Adult Services – Programs and services which focus on the needs of vulnerable adults, the elderly, adults of any age with disabilities, and their family caregivers. Services are delivered through local departments of social services to promote their safety, stability and independence.
c. Adult Public Guardianship – A legal procedure in which the court determines whether a person’s ability to make their own health and safety decisions is significantly impaired. If so, the court will then appoint a guardian to act as a substitute decision-maker.
d. Board of Public Works (BPW or Board) – A three-member body consisting of the Governor, the State Treasurer and the State Comptroller. The Board must approve all State Contracts where the dollar amount is $200,000.00 or greater. The Board’s powers and duties are set forth in the State Constitution and in the State Code.
e. Business Day(s) – The official Business days of the week to include Monday through Friday. Official Business days exclude State Holidays (see definition of “Normal State Business Hours” below).
f. Cecil County Department of Social Services (CEDSS or Local Department) – A unit of the Maryland Department of Human Resources established or designated by Cecil County government pursuant to Human Services, Title 8, Subtitle 3, to ensure the implementation of a local, interagency service delivery system for children, youth, and families.
g. Child in Need of Assistance (CINA) – A child who requires court intervention due to being abused or neglected and the child’s parent or parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child’s needs.
h. Child Protective Services (CPS) – A specialized social service for children that aims to stop and prevent child abuse and neglect. CPS achieves this goal through the investigation and initiation of protective and other services for children who are believed to have been abused or neglected; parents or other adults having permanent or temporary care, custody, or responsibility for supervision of abused or neglected children; and household or family members of abused or neglected children.
i. Child Welfare Services – All services provided to children including, but not limited to, CPS, foster care, voluntary placements, adoptions, kinship care, child abuse and neglect, CINA, emergency shelter, and guardianship matters.
j. COMAR – Code of Maryland Regulations available on-line at www.dsd.state.md.us.
k. Contract – The Contract awarded to the successful Offeror pursuant to this RFP. The Contract will be in the form of Attachment A.
l. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4.
m. Contractor – The selected Offeror that is awarded a Contract by the State.
n. Department or DHR – Maryland State Department of Human Resources. Maryland’s fourth largest State agency, established to administer the State’s public assistance, social services, child support, and community services programs.
o. eMM – eMaryland Marketplace (see RFP Section 1.8). The State of Maryland’s internet-based procurement system. eMM is a business tool that provides an efficient means to improve vendor’s access to State procurement information and bid opportunities.
p. Go-Live Date – The date when the Contractor must begin providing all services required by this solicitation. See Section 1.4.
q. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.
r. Minority Business Enterprise (MBE) – Any legal entity of the type defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.
s. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.
t. Notice to Proceed (NTP) – A written notice from the State Project Manager that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go Live Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the State Project Manager regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.
u. Offeror – An entity that submits a Proposal in response to this RFP.
v. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor.
w. Proposal – As appropriate, either or both of an Offeror’s Technical or Financial Proposal.
x. Request for Proposals (RFP) – This Request for Proposals issued by the Department of Human Resources, Solicitation Number CEDSS/CWS/16-001-S dated (date of issuance), including any addenda.
y. State – The State of Maryland.
z. State Fiscal Year (SFY) – July 1 of one year to June 30 of the following year.
aa. State Project Manager (SPM) –The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The State Project Manager may authorize in writing one or more State representatives to act on behalf of the State Project Manager in the performance of the State Project Manager’s responsibilities.