OFFICE OF PROCUREMENT Marc Elrich Avinash G. Shetty

County Executive Director

Office of Procurement 255 Rockville Pike, Suite 180 • Rockville, Maryland 20850 • 240-777-9900 • 240-777-9956 TTY • 240-777-9952 FAX

www.montgomerycountymd.gov

SOLICITATION AMENDMENT #1 RFP #1110880 June 5, 2020

PAGE 1 of 1 FOR THE PROCURMENT OF: LSBRP Consulting and Technical Services 3 (LCATS 3)

******************************************************************************************** ALL SOLICITATION AMENDMENTS MUST BE ACKNOWLEDGED BY THE OFFEROR PRIOR TO THE HOUR AND DATE SPECIFIED IN THE SOLICITATION (AS AMENDED) FOR RECEIPT OF OFFERS. FAILURE TO ACKNOWLEDGE AN AMENDMENT MAY BE CAUSE TO REJECT THE PROPOSAL. ********************************************************************************************

DESCRIPTION OF AMENDMENT: Changes:

1. The proposal due date is changed from June 10, 2020 3:00 P.M. to no laterthan July 8, 2020 at 3:00 P.M. The County is working on the Questions andAnswers to the RFP, which will be issued under a subsequent SolicitationAmendment.

THERE ARE NO OTHER CHANGES. ********************************************************************************************

THE SOLICITATION PROVISION ENTITLED "SOLICITATION AMENDMENT" IS APPLICABLE TO THIS AMENDMENT. THE CHANGES SET FORTH BELOW ARE HEREBY INCORPORATED INTO THE ABOVE-CITED SOLICITATION. THE DATE SPECIFIED FOR RECEIPT OF OFFERS TO NO LATER THAN July 8, 2020 AT 3:00 P.M.

ISSUEDBY: ____________________________________________________ Avinash G. Shetty, Director Office of Procurement

NAME OF OFFEROR: ____________________________________________________ (Type or print)

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN PROPOSAL: ____________________________________________________

(Type or print)

OFFEROR'S SIGNATURE: ______________________________ DATE:_______________

for

RFP #1110880

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REQUEST FOR PROPOSALS RFP# 1110880

LSBRP Consulting and Technical Services 3 (LCATS 3) May 6, 2020

Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods, services, or construction, as outlined in this document.

Offerors must submit one original, 3 copies of their proposal and four sets of digital files on a flash drive in the format below. Three sets of files on the flash drives MUST be an exact imaged copy of the original signed proposal in PDF. The fourth set of files on the flash drive must be in Microsoft Office (MS Word, Excel, etc.) and capable of being edited by the County. (Offeror may password protect these files if required. Include password with proposal). Proposals must be submitted in a sealed envelope/package no later than 3:00PM on June 10, 2020 to the Office of Procurement, Rockville Center, 255 Rockville Pike, Suite 180, Rockville, Maryland 20850-4166. The sealed proposal package must be clearly marked with the solicitation number and proposal due date and time.

There will be an optional pre-submission conference at 11:00AM on May 18, 2020 via Microsoft Teams Live. Call In Number: +1 443-692-5768 and Conference ID: 580 675 848#

Instruction and description of the Optional Pre-Submission Meeting Optional Pre-Submission Meeting attendees should pre-register by Thursday, May 14, 2020 at 4:00 PM by sending an email to the Technical Contact: Nola Song, nola.song@montgomerycountymd.gov and "cc" to sarah.giambra@montgomerycountymd.gov with their name, company name, email address, and phone number with the Subject Line: "RFP 1110880 Optional Pre-Submission Registration".

Pre-Registrants to the Optional Pre-Submission Meeting will receive an invitation via Microsoft TEAMS. This invitation will include a link for you to join the Meeting. It will also include the dial-in phone number and access code. The advantage of pre-registration is that you will be included in the meeting roll, and the meeting will automatically populate your Outlook calendar.

Pre-registration for the Optional Pre-Submission Meeting is not a requirement. However, because the County must have a complete list of all meeting attendees, those who have not pre-registered will be asked to identify themselves by name, company name, email and phone number live, on the TEAMS call, before the agenda can proceed. Therefore, it is strongly recommended that you pre-register for the meeting by the May 14, 2020 deadline.

After the Optional Pre-Submission Meeting, there will be a Solicitation Amendment issued that will include a listing of those "present" at the Optional Pre-Submission Meeting. This Amendment will also include County responses to Questions as well as changes to the solicitation, if any.

The County will not accept proposals it receives by fax or e-mail.

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Should you have any questions regarding the technical information, or the scope of services contained in this solicitation, contact Nola Song, Program Manager at (240) 777-2850, Nola.Song@montgomerycountymd.gov.

Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, contact Sarah Giambra at (240) 777-9951, Sarah.Giambra@montgomerycountymd.gov.

This is a Services Contract (see Section A, Services Contract): Non-Professional Services

X Professional Services X

or This is a Construction Contract (http://www.montgomerycountymd.gov/PrevailingWage):

or This is not a Services Contract (disregard Section A, Services Contract) & is not a Construction Contract:

Director Office of Procurement

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Local Small Business Reserve Program (LSBRP) Notice

REQUEST FOR PROPOSALS # 1110880

LSBRP Consulting and Technical Services 3 (LCATS 3)

This solicitation is reserved for only application submitted/certified local small businesses timely registered with the County’s LSBRP. This solicitation thus comes under County Code, sections 11B-17A; 11B-65; 11B-70 and Executive Regulation 21-05AM. These documents can be accessed through the LSBRP web site at (www.montgomerycountymd.gov/LSBRP).

LSBRP criteria are based on a firm’s location, ownership status, number of employees and annual revenue amount. Submitting a bid/proposal constitutes willfully stating your firm is an application submitted/certified Local Small Business. Therefore, if you wish to submit a bid/proposal for this solicitation adhering to the LSBRP, you must:

1. Submit an application as a LSBRP firm prior to the bid’s/proposal’s due date. If your LSBRP status isnot application submitted/certified in our database prior to the bids/proposal’s due date and time, thenyour bid will be deemed non-responsive and rejected or your proposal will be deemed unacceptable andremoved from consideration. Go to the LSBRP web site (www.montgomerycountymd.gov/LSBRP) andfollow the instructions under “Register.”

2. After the IFB opens or the RFP closes and upon notification by the County, you must provide withinthree (3) business days the LSBRP documentation of:• all of its business location(s) (if more than one),• number of employees by location• annual gross revenue of the business for the past three fiscal years.

(The preferred documents are a copy of a lease, Maryland Unemployment Insurance Contribution Report (summary or quarterly), and Financial Statement/Tax Returns. At the discretion of the Office of Procurement, an alternative type of document might be accepted.)

If, after receipt of these documents, the Office of Procurement finds that your firm does not meet the LSBRP requirements, then your bid will be deemed non-responsive and rejected or your proposal will be deemed unacceptable and removed from further consideration. For questions, contact the Office of Procurement (240-777-9913).

PMMD-173 Formal 2/16

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Notice to Offerors

Request for Proposals #1110880 for

LSBRP Consulting and Technical Services (LCATS 3)

This solicitation may be subject to the County’s Wage Requirements Law (WRL), which applies to service contracts.

• If this solicitation is subject to the WRL, then the appropriate space will be marked in the boxdenoting “This is a Services Contract”, at the bottom of the RFP cover page

• In this event, the “Wage Requirements for Services Contract Addendum” will apply to theresultant contract (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

1) In order to be compliant with the Wage Requirements Law an Offeror must submit with itsproposal the following:(a) Completed Wage Requirements Certification form (This form is contained in the PMMD-177

Web-link above).(b) If applicable, 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance form

(This form is contained in the PMMD-177 Web-link above).

Offeror’s failure to complete and submit the required material information on the Wage Requirements form(s) may result in offeror’s proposal being unacceptable and rejected.

NOTE: You can find the current mandatory payroll reporting requirements, and the wage rate per hour that a County contractor must pay to its employees, under Section 11B-33A of the County Code, at (www.montgomerycountymd.gov/WRL). The WRL is available at the same website.

If there is a need for sign-language interpretation and/or other special accommodations, it is requested that at least five (5) days advanced notice be provided to the County’s Office of Procurement contact on page 1.

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TABLE OF CONTENTS 1. ACKNOWLEDGMENT 7 2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS 7 3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS 7 4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES 8 5. SECTION B - SCOPE OF SERVICES: 15 6. SECTION C - PERFORMANCE PERIOD 34 7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA 34 8 SECTION E - SUBMISSIONS 35 9 SECTION F - COMPENSATION 40 10 SECTION G - CONTRACT ADMINISTRATOR 40 11 SECTION H - SPECIAL TERMS AND CONDITIONS 40 12 SECTION I - ETHICS 42 13 SECTION J - GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 43

Attachments

A. References A1 B. Cost and Price Requirements B1 C. Mandatory Insurance Requirements C1 D. Security Documents D1 E. Resume Format E1 F. Price Sheet F1 G. Labor Source Document G1 H. Offeror Information Sheet H1

Web-links for Documents and Forms 1. Central Vendor Registration System (www.mcipcc.net)2. Frequently Asked Questions, Procurement (www.montgomerycountymd.gov/PRO/Information.html)3. MD-SDAT (http://dat.maryland.gov/businesses/Pages/default.aspx) and

(http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).4. Mid-Atlantic Purchasing Team Rider Clause

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf)5. Minority Business Program & Offeror’s Representation and Sample MFD Report of Payments Received

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf)(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf)

6. Minority, Female, Disabled Person Participation Evaluation Points: Requirements and Examples(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

7. Minority, Female, Disabled Person Program Information (www.montgomerycountymd.gov/MFD)8. Minority, Female, Disabled Person Subcontractor Performance Plan

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf)9. Minority-Owned Business Addendum to General Conditions of Contract Between County and Contractor

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)10. Offeror’s Certification of Cost & Price for Contracts Above $100,000

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)11. Prevailing Wage Requirements for Construction Contract Addendum

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)12. Prevailing Wage Requirements Information (www.montgomerycountymd.gov/PrevailingWage)13. Solicitation Postings and Amendments (www.montgomerycountymd.gov/pro/solicitations.html)14. Wage Requirement Law Payroll Reporting

(www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-183.pdf)

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15. Wage Requirements Certification Form and 501(c)(3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

16. Wage Requirements for Services Contracts Addendum (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

17. Wage Requirements Law Information (www.montgomerycountymd.gov/PRO/DBRC/WWRL.html)

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Montgomery County, Maryland Acknowledgment Page

1. ACKNOWLEDGMENT The offeror must include a signed acknowledgment that all the provisions, terms and conditions of this solicitation are agreeable to the offeror and may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Offers that do not include such an acknowledgment may be rejected. Executing and returning (with the offer) the acknowledgment shown below will satisfy this requirement. The undersigned agrees that all the provisions, terms and conditions of this solicitation may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Business Firm's Legal Name (printed):

Printed Name and Title of Person Authorized to Sign Proposal:

Signature: Date: 2. NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS The correct and full legal business name of the offeror must be used in proposals received and on all contracts issued as a result of this solicitation. A trade name (i.e., a shortened or different name under which the firm does business) must not be used when the legal name is different. Corporations must have names that comply with State law, which requires a suffix indicating the corporate status of the business (e.g. Inc., Incorporated, etc.). Trade names may be indicated by individuals or corporations with the individual or corporate name followed by “t/a” (trading as) or “d/b/a’ (doing business as), respectively. The offeror’s signature on the proposal, contract, amendment(s) or related correspondence, must conform to the following: All signatures must be made by an authorized officer, partner, manager, member, or employee. The signing of this offer or a contract is a representation by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor. 3. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS The Offeror acknowledges receipt of the following amendment(s) to the solicitation:

Amendment Number Date

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4. SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES The following provisions are applicable to this solicitation:

4.1. Instructions:

4.1.1. Registered Vendor

4.1.1.1. The first step in doing business with Montgomery County is to become a registered vendor in the on-line Central Vendor Registration System (CVRS). Go to the following website to register: (www.mcipcc.net)

4.1.2. Acknowledgement

4.1.2.1. The offeror must include the signed Acknowledgment page indicating agreement with all the provisions, terms and conditions of this solicitation.

4.1.3. Optional Pre-Submission Conference

4.1.3.1. If a Pre-Submission Conference is held, it is recommended that prospective offerors attend this pre-submission conference. For information regarding the date, time, and place of the conference, please see page 1 of this solicitation.

4.1.4. Proposals

4.1.4.1. Sealed proposals are due in the Office of Procurement, Rockville Center, 255 Rockville Pike, Suite 180, Rockville, MD 20850 4166. Proposals must be returned in a sealed envelope/package that is clearly marked with the RFP number, the proposal due date and time, and the individual/company’s name. Proposals received after the date and time specified will not be considered and will be returned unopened to the offeror. The County will not be responsible for a proposal that is improperly addressed or identified.

4.1.5. Proposal Withdrawal/Modification

4.1.5.1. Proposals may be withdrawn or modified by the offeror upon receipt of a written request received before the specified due date and due time. Requests to withdraw or modify an offeror’s proposal received after the specified due date and time will not be considered.

4.1.6. Questions

4.1.6.1. All technical and non-technical questions pertaining to this solicitation are to be directed to the individuals whose names are indicated on Page 1 of this solicitation.

4.1.6.2. The Office of Procurement has an electronic ”Frequently Asked Questions” section on its website that may answer your questions: (www.montgomerycountymd.gov/pro/information.html?t=proFAQList&i=2)

4.1.7. Obtaining Solicitation Amendments

4.1.7.1. What are they? When the County determines that material changes to the solicitation document or

material information needs to be disseminated to Offerors it will issue a formal amendment to a solicitation. However, not all solicitations will need an amendment. Any information given to an offeror in response to a request will be furnished to all offerors as an amendment to this solicitation, if such information is deemed necessary for the preparation of solicitations, or if the lack of such information would be detrimental to the uninformed offerors. Such amendments only, when issued by the Director, Office of Procurement, will be considered as being binding on the County.

4.1.7.2. How do I identify if a solicitation has an amendment?

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Solicitation amendments will be posted on the Solicitation Postings page (www.montgomerycountymd.gov/pro/solicitations.html) and may occur any time prior to the proposal due date and time. As a courtesy, the Office of Procurement may email solicitation amendments to holders of record with valid email addresses. However, it is the responsibility of the offeror to frequently visit the Office of Procurement’s website to obtain solicitation amendments. Amendments to construction solicitations may be mailed if there are plans or other documents that cannot be made available electronically.

4.1.7.3. What am I required to do for the Amendment? An Offeror must send its acknowledgement of receipt of a solicitation amendment to the place designated in the solicitation amendment, and prior to the hour and date specified in the solicitation (as amended) for receipt of offers. This can be easily done in at least one of the following ways: 4.1.7.3.1. By filling-in the “Amendment Number” and “Date” of the amendment(s)

under the Acknowledgment of Solicitation Amendments title; or 4.1.7.3.2. By returning one signed copy of the amendment with the Offeror’s

response to the solicitation; or 4.1.7.3.3. By sending a signed copy of the amendment separately to the Office of

Procurement 4.1.8. Maryland State Department of Assessments & Taxation (MD-SDAT)

4.1.8.1. Vendors doing business in the State of Maryland are required to be in ‘Good Standing’ with MD-SDAT; this may not be applicable for individuals, sole proprietorships or partnerships.

4.1.8.2. The County will require, if applicable, a copy of a Certificate of Good Standing from SDAT prior to entering in to a contact with your firm.

4.1.8.3. The County will verify this status on the MD-SDAT website. 4.1.8.4. If your firm has a ‘Forfeit’ status from MD-SDAT the County cannot enter into a

contract with your firm until this status has been rectified with the MD-SDAT. 4.1.8.5. If this status is not rectified in a timely manner with MD-SDAT, then your firm maybe

declared non-responsible and your proposal will be rejected. 4.1.8.6. Information can be found at: (http://dat.maryland.gov/businesses/Pages/default.aspx)

and (http://dat.maryland.gov/businesses/Pages/Frequently-Asked-Forfeiture-Questions.aspx).

4.2. Conditions

4.2.1. Acceptance Time

4.2.1.1. By submission of a proposal under this solicitation, the offeror agrees that County has 180 days after the due date in order to accept the proposal. The County reserves the right to reject, as unacceptable, any offer that specifies less than 180 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended.

4.2.2. Contract Documents

The following documents will be incorporated into the contract resulting from this solicitation: 4.2.2.1. General Conditions of Contract between County & Contractor (Section J) 4.2.2.2. Minority-owned Business Addendum to the General Conditions of Contract between

County & Contractor and its companion document entitled, “Minority, Female, Disabled Person Subcontractor Performance Plan”. (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-91.pdf)

4.2.2.3. Offeror’s Certification of Cost & Price (for contracts above $100,000.) (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf)

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4.2.2.4. Wage Requirements Law (WRL) for Services Addendum to the General Conditions of Contract between the County and Contractor and its companion documents entitled, “Wage Requirements Certification”, and “501(c)(3) Non-profit Organization’s Employee’s Wage and Health Insurance Form”. (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf)

4.2.2.5. All representations and certifications listed in this document. 4.2.2.6. Mandatory Insurance Requirements. 4.2.2.7. Prevailing Wage Requirements (only for a construction contract between the County

and Contractor). (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-185.pdf)

4.2.3. Determination of Responsibility

4.2.3.1. The Offeror has the burden of demonstrating, affirmatively, its responsibility in connection with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider an offeror non-responsible who has previously failed to perform properly or to complete contracts, in a timely manner, or if investigation shows the offeror is unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Office of Procurement or the Using Department to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure of an offeror to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective offeror.

4.2.3.2. The Director may deny the award, renewal, or assignment of a contract to or for any offeror who is in default of payment of any money due the County.

4.2.3.3. The factors that may be considered in connection with a determination of responsibility include, but are not limited to: 4.2.3.3.1. The ability, capacity, organization, facilities, and skill of the offeror to

perform the contract or provide the goods, services, or construction (“work”) required.

4.2.3.3.2. The ability of the offeror to perform the contract or provide the work within the time specified without delay, interruption or interference.

4.2.3.3.3. The integrity, reputation and experience of the offeror and its key personnel.

4.2.3.3.4. The quality of performance of previous contracts or work for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility.

4.2.3.3.5. The offeror’s previous and existing compliance with laws and ordinances relating to the contract or work.

4.2.3.3.6. The sufficiency of financial resources of the offeror to perform the contract or provide the work.

4.2.3.3.7. The certification of an appropriate accounting system, if required by the contract type.

4.2.3.3.8. Past debarment or suspension by the County or other governmental entity.

4.2.4. Joint Procurement

4.2.4.1. The following entities within Montgomery County must be able to purchase directly from any contract resulting from this Solicitation: 4.2.4.1.1. Maryland-National Capital Park & Planning Commission (M-NCPPC); 4.2.4.1.2. Montgomery College (MC); 4.2.4.1.3. Montgomery County Public Schools (MCPS); 4.2.4.1.4. Montgomery County Revenue Authority;

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4.2.4.1.5. Montgomery County Housing Opportunities Commission (HOC); 4.2.4.1.6. Washington Suburban Sanitary Commission (WSSC); and 4.2.4.1.7. Municipalities & Special Tax Districts in Montgomery County.

4.2.4.2. While this solicitation is prepared on behalf of Montgomery County, it is intended to apply for the benefit of the above-named entities as though they were expressly named throughout the document. Each of these entities may purchase from the successful offeror under the same prices and for the same work noted in the contract with Montgomery County, in accordance with each entity's respective laws and regulations. An entity may choose not to procure from the successful offeror at the entity's sole discretion. If one of the above-named entities elects to purchase under the contract, the price shall be determined by using unit costs and other pertinent costs that are provided in the offer or contract. Montgomery County shall not be held liable for any costs, payments, invoices, or damages incurred by the above jurisdictions. Each jurisdiction listed in this section will be solely responsible for and contract directly with the offeror under the jurisdiction’s own procurement laws and regulations. ANY SPECIAL DISCOUNTS UNIQUE TO A PARTICULAR ENTITY (e.g. Montgomery County Public Schools educational discounts) SHOULD BE LISTED IN THE OFFER.

4.2.5. Late Proposals

4.2.5.1. Proposals in response to this solicitation received after the due date and time specified in the solicitation are considered late and will not, under any circumstances, be considered for any award resulting from the Solicitation.

4.2.6. Minority, Female, Disabled Person Program Compliance

4.2.6.1. Under County law, this solicitation is subject to the Montgomery County Code (Part II.Chapter 11B.Article XIV) and the Montgomery County Procurement Regulations (COMCOR 11B.00.01.07) regarding participation in the Minority-Female-Disabled Person (MFD) procurement program.

4.2.6.2. Information regarding the County’s MFD program can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/MFD)

Entitled “Minority-owned Business Addendum to the General Conditions of Contract between County and Contractor”.

4.2.6.3. The companion document entitled “Minority, Female, disabled Person Subcontractor Performance Plan” can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

4.2.7. Montgomery County Code and Procurement Regulations

4.2.7.1. The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation.

4.2.8. Payment Terms

4.2.8.1. The County’s payment terms are net thirty (30) days. 4.2.8.2. The County is expressly permitted to pay the vendor for any or all goods, services, or

construction under the contract through either a procurement card (“p-card”) or a Single Use Account(“SUA”) method of payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay

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any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

4.2.9. Prevailing Wage (County Code Sections 11B-33-C and 20-75)

4.2.9.1. The Prevailing Wage Law applies to all construction contracts. Under County law, a County-financed construction contract is subject to the Montgomery County Code regarding compliance with the prevailing wage paid to construction workers, as established for the County by the Maryland State Commissioner of Labor and Industry. Additional information regarding the County’s prevailing wage requirements can be reviewed at: (www.montgomerycountymd.gov/PrevailingWage).

4.2.9.2. An aggrieved employee is a third-party beneficiary of this Contract and the employee may, by civil action, recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.

4.2.10. Qualification of Offerors

4.2.10.1. Offerors may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or are regularly engaged in performing the services for which they are submitting a proposal, and that they maintain a regularly established place of business.

4.2.10.2. An authorized representative of the County may visit any prospective contractor's plant, place of business or place where the services are performed to determine ability, capacity, reliability, financial stability and other factor(s) necessary to perform the contract.

4.2.10.3. Upon the County’s request, an offeror must submit information about its reputation, past performance, business and financial capability, and other factors to demonstrate that the offeror is capable of satisfying the County’s needs and requirements for this solicitation.

4.2.11. Services Contract (County Code 11B-33A)

4.2.11.1. Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements related to wage amounts that contractor must pay its employees. If an offeror fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable and rejected under County law.

4.2.11.2. Information regarding the County’s Wage Requirements Law (WRL) can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/WRL). Contractor must comply with the “Wage Requirements Law (WRL) for Services Contracts Addendum to The General Conditions of Contract between County and Contractor”, which can be found included with the Wage Requirements Certification form at the website below.

4.2.11.3. The companion document entitled “Wage Requirements Certification” form can be found on the Office of Procurement website at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf).

4.3. Notices

4.3.1. Proprietary & Confidential Information

4.3.1.1. This is to notify prospective offerors that the County has unlimited data rights regarding proposals submitted in response to its solicitations. “Unlimited data rights” means that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display

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publicly any information submitted by offerors in response to this or any solicitation issued by the County. However, information that is deemed to be confidential commercial or financial information, as defined by the Maryland Information Act (MPIA), Md. Code Ann., Gen. Prov. §§ 4-101 through 4-601, will be exempted from disclosure if the offeror can show that release of such information would cause substantial competitive harm to the offeror.

4.3.1.2. It is the responsibility of the offeror to clearly identify each part of the offer that it believes is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with large boldface letters stating the words "confidential" or “proprietary.” However, the County, by law, must apply the MPIA’s requirements for public information disclosure deemed proprietary and confidential; therefore, even information marked as such by the Offeror may still require public disclosure.

4.3.1.3. The offeror agrees, with regard to any portion of the proposal that is not stamped as proprietary or confidential, that it expressly permits the County to deem it not to be proprietary or confidential, and to release the information to the public in accordance with the MPIA.

4.3.2. Protests

4.3.2.1. Any Offeror who is aggrieved (see 4.3.2.5 below) may file a protest. Any Offeror who is aggrieved in connection with a formal solicitation must deliver a written protest to the Director, Office of Procurement: (a) within ten (10) days after the Director, Office of Procurement, publicly posts the proposed contract award, if the offeror seeks as a remedy the award of the contract or costs under Section 11B-36(h) of the Montgomery County Code, or (b) before the solicitation proposal submission due date and time, if the offeror seeks as a remedy the cancellation or amendment of the solicitation.

4.3.2.2. Each protest must contain a protest filing fee in the amount of $500 (US currency). If the fee is paid by check, the check must be made out to “Montgomery County Government”.

4.3.2.3. The Director, Office of Procurement, may return the filing fee to the protesting offeror, if the protest is sustained.

4.3.2.4. The Director, Office of Procurement, must dismiss any protest not timely received. 4.3.2.5. Only an offeror who is “aggrieved” may file a protest. “Aggrieved” means that the

offeror who files the protest can demonstrate it may be eligible for an award of the contract if the protest is sustained.

4.3.2.6. Each protest must contain the following: 4.3.2.6.1. Identification of the solicitation; 4.3.2.6.2. Offeror Name; 4.3.2.6.3. Offeror Address; 4.3.2.6.4. Offeror Email Address; 4.3.2.6.5. Offeror Telephone Number; 4.3.2.6.6. Statement supporting that the Offeror is aggrieved; 4.3.2.6.7. Specification of all grounds for the protest; 4.3.2.6.8. Submission of detailed facts and all relevant documents; 4.3.2.6.9. Citation to relevant language in the solicitation, regulations, or law relied

upon; and, 4.3.2.6.10. All other matters which the Offeror contends support its protest

4.3.2.7. The burden of production of all relevant evidence, data, and documents, and the burden of persuasion, to support the protest is on the offeror making the protest.

4.3.3. Public Posting

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4.3.3.1. It is the responsibility of the offeror, per Section 3.2.2 of the Procurement Regulations, to keep informed of the current status of any proposed award for a contract in which the offeror is interested.

4.3.3.2. Of particular importance is the fact that the notice of a decision to make an award will be accomplished by a public posting of the proposed awardee(s).

4.3.3.3. Information regarding the proposed award under this solicitation, or any solicitation issued by the Montgomery County Office of Procurement, will be posted on Montgomery County’s website at: (www.montgomerycountymd.gov/PRO/Awardee.html), and at the Office of Procurement, Rockville Center, 255 Rockville Pike, Ste. 180, Rockville, Maryland 20850.

4.3.4. Solicitation Preparation Expenses

4.3.4.1. All costs incurred in the preparation and submission of an offeror’s proposal will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County.

4.3.5. Tie Scoring

4.3.5.1. In case of a tie in the numerical Qualification and Selection Committee scoring, the tie will be resolved by offering the proposed contract to the offeror who has its principal place of business in Montgomery County, Maryland. If there is a tie between two or more offers, each of whom have its principal place of business in Montgomery County, Maryland, then the tie will be resolved in accordance with the criteria stated under Procurement Regulation 4.1.2.4(f); See Procurement Regulations at: (www.montgomerycountymd.gov/PRO/Laws.html)

4.3.6. Verbal Explanations

4.3.6.1. Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this or any other solicitation will not be binding on the County.

END SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES

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5. SECTION B - SCOPE OF SERVICES:

5.1. BACKGROUND

Montgomery County, Maryland, was established by the State Convention in 1776 and functioned under the County Commission system until 1948, when voters adopted a charter giving the County home rule and a council-manager form of government. In 1968, the voters approved a new charter providing for separate legislative and executive branches of government, with the legislative power vested in an elected council and executive power in an elected county executive. The new charter was fully implemented in 1970 with the November election of an executive and a council. The County Council is currently composed of nine members, four of whom are nominated and elected by voters from the entire County, and five who are elected by voters in each of the County's five Council districts. Terms for the County Executive and County Council are 4 years. Montgomery County is adjacent to Washington, D.C. and includes 497 square miles of land area. With a population of over 1,000,000 residents, it is the most populous jurisdiction in the State. Montgomery County, Maryland (MC) includes over 40 departments under the Executive, Legislative, and Judicial branches, employing over 36,000 full and part time employees. The FY 2020 operating budget is approximately $5.8 billion. Additional information about Montgomery County, Maryland may be found online at http://www.montgomerycountymd.gov. 5.2. INTENT & OBJECTIVE

The Department of Technology Services (DTS) is issuing this Request for Proposal (RFP) to procure IT consulting and technical services for Montgomery County under the County Local Small Business Reserve Program (LSBRP). The objective of this solicitation is to enable County Using Departments to procure IT consulting and technical services in a timely and economical manner. Through the awards which may be issued as a result of this RFP, the County will have a flexible means of obtaining information technology (IT) resources quickly, efficiently and cost effectively by issuing Task Orders (TO) designed to meet its specific needs. It is the County’s intention to issue twelve (12) contracts to LSBRP Contractors as a result of this solicitation.

The County intends that this solicitation will result in a series of requirements-type contracts which will meet the County’s needs in two ways. The consulting aspect of this RFP is designed to provide the County with a ready source of highly qualified IT firms to provide IT consulting services to the County in a project-oriented manner which would entail the issuance of, generally, fixed-price task orders wherein payments would be made for the acceptance of deliverables. The technical services aspect of this RFP is intended to meet the County’s needs through the issuance of, generally, Time & Material (T&M) task orders for specific individuals with predefined technical skill sets wherein contractor furnished IT staff would be engaged in a manner traditionally called “staff augmentation.”

Due to COVID-19 modified operations and since LCATS 3 is being issued first, upon execution of LCATS 3 contracts, Task Order Proposal Request (TOPR)s will initially be issued for CIP projects and may also include non-CIP projects while the MCCATS 2 series is still in place. Upon execution of the MCCATS 3 contract series, odd number TOPRs will be issued under the LCATS 3 contracts and even number TOPRs will be issued under the MCCATS 3 contracts. This process of odd and even TOPRs once the LCATS 3 contracts and the MCCATS 3 contracts are in place is intended to provide balance for the issuance of TOPR so there are greater opportunities for LCATS 3 contracts compared to the current LCATS2 contracts.

5.3. SCOPE OF WORK 5.3.1 General

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The Scope of Work contained herein is intended to outline the general contractor requirements under this RFP and any resultant contracts which may be executed as a result of this solicitation. Specific details of scope, duties, time and budget will be provided in each individual Task Order (TO). The functional areas listed are not all inclusive of the services that may be required under any contract which may be issued as a result of the RFP. 5.3.2 Functional Areas

The general scope of this solicitation encompasses work which may be characterized in the following primary functional consulting and technical support areas. The areas are:

Business Process Analysis / Consulting

Computer Programming

Database Administration / Management

Desktop / Client Managed Services and Help Desk Support

Documentation / Technical Writing / Sourcing

Electronic Commerce / Electronic Data Interchange

Electronic Document Management

Enterprise Architecture

Enterprise Resource Planning (ERP)

Enterprise Services

Geographical Information Systems

Information Systems Security

IT Training

Network Services

Project Management

Quality Assurance Testing

Risk Management

Strategic Planning

Telecommunications

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Web, Internet and Intranet Application Development

Wireless Networking

5.3.3 Functional Area Descriptions 5.3.3.a Business Process Analysis / Consulting Documenting business processes, streamlining business processes and the development, implementation and support of process improvements to eliminate redundancy, increase productivity and reduce cost. 5.3.3.b Computer Programming Includes, but is not limited to, coding, testing (all levels), Commercial off-the-self (COTS) integration, correcting, debugging, compiling, documentation, input/output functions, interfacing, change management, application and initial implementation training, enhancements, maintenance, and project management. 5.3.3.c Database Administration / Management Includes, but is not limited to, advice, design, modeling, development, deployment, administration and management of databases on any platform to include but not limited to cloud, mainframe, server and standalone PC. Conducts performance monitoring/measurement, systems stress testing, quality control benchmarks. May include work on data warehouse initiatives. 5.3.3.d Desktop / Client Managed Services and Help Desk Includes, but is not limited to, installation of Commercial off-the-self (COTS) products, optimizing, ghosting, desktop problem resolution analysis, installation of PCs, printers, scanners, and other PC peripherals. Help Desk services include, but is not limited to, the development, design, implementation and operation (on-site, off-site) of Help Desk Services, including LAN technical support and LAN problem determination and diagnosis. This can also entail support, problem solving, and Help Desk documentation including all media, project management and other Help Desk duties such as end and technical users of large, specialized enterprise-wide applications. 5.3.3.e Documentation / Technical Writing / Sourcing Develop and/or maintain the following types of documentation: system documentation; Enterprise Architecture (EA) documentation; user manuals; computer operations and program maintenance manuals; plans for training, testing, quality assurance, and contingency operations; and, backup, recovery and restart procedures. Technical writing for proposals, acquisitions, presentations, standard operating procedures (SOP), policies and procedures. Development of sourcing strategies and required documentation, sourcing policies and procedures, and the generation of acquisition documents as required to be used in source selection. 5.3.3.f Electronic Commerce / Electronic Data Interchange Includes, but is not limited to, analysis, design, web design, operation, monitoring, management and maintaining various forms of electronic government/commerce solutions and systems. Includes, but is not limited to, programming, systems analysis, project management, and systems design, development, web development, implementation and initial implementation training specific to Electronic Commerce/Electronic Data Interchange (EDI) that requires specialized skill sets and experience with enterprise systems, languages, technologies and communications. 5.3.3.g Electronic Document Management Systems (EDMS)

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Includes, but is not limited to, imaging/digitizing, workflow, and Electronic Document Management Systems (EDMS). Services include, but are not limited to, risk assessment, workflow analysis, document indexing/queuing and workload management, system/application/network design and security advising, application prototyping, project management, implementation and support services, system interface development, system migration strategies, document conversion (hardcopy to electronic or electronic to new system/media), performance monitoring/ measurement, systems stress testing/benchmarking, collaborative tools (implies BPR), advising, briefings/presentation, document and records retention/archiving.

Includes, but is not limited to, programming, systems analysis, project management, workflow management and document tracking, database management and systems design, development, implementation and initial implementation training specific to Electronic Document Management Systems (EDMS) that requires specialized skill sets and experience with enterprise systems, languages, technologies and communications.

5.3.3.h Enterprise Architecture Define, design, develop, document, implement and maintain enterprise architecture plans, strategies, inventories and recommendations to support enterprise architecture (EA) at the County and Using Department levels. EA engineering assistance to integrate systems based on architectural standards and common infrastructures. In particular, recommendations for systems development, acquisition, and operations and to leverage common infrastructures effectively among various agency missions and services. Such application reviews may cover a variety of IT system environments from simple personal computer (microprocessor) and workstation applications; to local area networks (LAN) and wide area networks (WAN), to distributed processing systems; to web-based interactive systems; to large and very complex mainframe database and file management systems that utilize remote batch processing and interactive teleprocessing. 5.3.3.i Enterprise Resourcing Planning (ERP) Includes, but is not limited to, analysis, design, configuration, testing, operation, monitoring, management and maintaining various COTS ERP packages and/or modules. This includes recommendations for systems development, acquisition, and operations and to leverage common infrastructures effectively among various agency missions and services. 5.3.3.j Enterprise Services Includes, but is not limited to managing an enterprise using Capability Maturity Model (CMM), business and workflow process modeling, customer relationship management, business continuity planning, disaster recovery planning, enterprise wide strategic systems planning, business information planning, and Business Process Re-engineering (BPR). Quality control and quality-assurance process management of automated and non-automated enterprise-wide systems, software Independent Verification & Validation(IV&V) testing, and risk management. Includes, but is not limited to, integrating middleware products for connecting disparate applications/systems; connections between enterprise resource planning (ERP) applications such as Oracle and SAP, performance management software applications and databases, internet applications and legacy systems; application servers. Includes, but is not limited to, mainframe application development and support, equipment and network operations, and maintenance and support of the County’s computer data center and operations. 5.3.3.k Geographical Information Systems Services to integrate, store, design, edit, analyze, and display geographically-referenced information in a client/server or web-based environment. Includes, but is not limited to, analysis, mapping, operating,

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digitizing, capacity planning, design, intranet, internet, project management, advising, presentations, documentation, and various other forms of Geographic Information Systems (GIS). Includes, but is not limited to, programming, systems analysis, project management, systems utilization, development of semantic models for specific or related geographic phenomena, database management and systems design, development, implementation and initial implementation training specific to Geographic Information Systems (GIS) that requires specialized skill sets and experience with enterprise systems, languages, technologies and communications. 5.3.3.l Information Systems Security

The security of information and computing resources at all organizational levels; including software/application and data security support, as well as, disaster recovery planning and risk assessment. Strategies and solutions to defend hardware and software IT and telecommunications resources against adversaries such as viruses, worms and hackers for operating systems and applications in a mainframe, client/server, or networked environment.

Disaster recovery planning and risk assessment in support of the mitigation of risks to information technology and telecommunications systems and infrastructure. Through quantitative risk analyses establish recovery time and recovery point objectives, effective mitigation strategies, and documented disaster recovery plans. Assess adequacy of existing management, operational, and technical controls in safeguarding assets against waste, loss, unauthorized access/use, misappropriation to establish the consequences/impact of the potential threats on operations and service delivery requirements.

Includes, but is not limited to, network security advising for design and review of LAN/WAN networks, Firewalls, Virtual Private Networks (VPN); and includes development and review of Network and Data Policies and Procedures. Includes, but is not limited to, network security LAN/WAN scans, and network penetration tests. Includes testing of Routers, mainframe systems security, open systems enterprise servers, Firewalls, Virtual Private Networks (VPN), Secure ID, Network Intrusion Detection systems (IDS), other network appliances, and Network policies and procedures.

5.3.3.m IT Training Services to include, but not limited to, training needs assessment and needs analysis, skills gap analysis, training plans, and training management software tools. Classroom to include, but is not limited to, on-site, off-site instructor-led training, including classroom facilities, hardware, applications software, application and or distributive based development tools, operating systems, communication technology, and networking software. This also includes LAN-related training. Media-Based training to include, but is not limited to, CBT, multi-media, video, audio, distance learning, Internet-provided services. Other IT Training Services as required, but is not limited to, one-on-one instruction on County-developed systems, course materials, course development, train-the-trainer and help desk training support. 5.3.3.n Networks

Includes, but is not limited to, the development of planning documents pertinent to the integration of two or more LANs, or the integration of two or more LANs via a WAN. Connectivity and interoperability issues are to be addressed. The County may require any of the following areas to be addressed: LAN business and technical requirements, connectivity and interoperability, feasibility and constraints, cost/benefit analysis, workforce requirements, organizational impact on business processes, security requirements, etc. In addition, this includes, but is not limited to, the development of design documents pertinent to the integration of two or more LANs, or the integration of two or more LANs via a WAN. Logical relationships and physical specifications are to be determined. The end result of the activity is an installed (upgraded), fully functional LAN. Finally, this includes, but is not limited to, the services to integrate two or more LANs,

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or two or more LANs via a WAN. This may include project scheduling and timetable determination. The end result of this activity is fully integrated, functional systems.

Includes, but is not limited to, the development of planning documents pertinent to the building of a new LAN/WAN system, or the upgrading of an existing LAN/WAN system. Definition of user requirements, outlining possible alternatives, and the recommendation of a solution would be included in this activity. The County may require any of the following areas to be addressed: LAN/WAN business and technical requirements, connectivity and interoperability, feasibility and constraints, cost/benefit analysis, workforce requirements, organizational impact on business processes, security requirements, etc. In addition, this includes, but is not limited to, the development of design documents pertinent to the building of a new LAN/WAN, or the upgrading of an existing LAN/WAN. Determination of logical relationships and physical specifications are to be included in this activity. The end result is formal conceptual and/or detailed design reports.

These may include architectural design reports and structural design reports, each with network diagrams and other appropriate charts and documentation. Finally, this includes, but is not limited to, the services needed to develop and implement a new LAN/WAN system or the upgrade of an existing LAN/WAN. This may include development, physical and logical installation, project scheduling, and timetable determination. The end result of the activity is an installed (upgraded), fully functional LAN/WAN.

LAN/WAN Support Includes, but is not limited to, the development, design, implementation and operation (on-site, off-site) and technical LAN/WAN support; LAN/WAN problem determination and diagnosis. Based on an agency's needs, may involve providing a staging area to perform system setup, burn-in, installation, and delivery preparation for small, medium and large projects, where equipment is purchased by the County. 5.3.3.o Project Management Successful IT project management services to ensure that IT project goals and objectives are met and that products are delivered on time, on budget and within scope, as well as, meet the business objectives originally intended. Includes, but is not limited to, project initiation, efficiency review, life cycle management, change control, configuration management planning, control management planning, resource management, IV&V management, risk management, time and cost management analysis. 5.3.3.p Quality Assurance Testing Includes, but is not limited to, manual and/or automated testing, including test scenario definition, test plan development, test case execution, regression testing, performance testing, test tool acquisition, implementation and operation, performance monitoring/measurement, systems stress testing and quality control benchmarks. 5.3.3.q Risk Management Assess the risks associated with costs, benefits, schedule, technical performance, human factors, safety and security. The analysis may include provisions for identifying risk areas, assessing risk factors, recommending appropriate resources to reduce risk factors, identifying and analyzing alternative actions available, identifying the most promising alternatives, and planning for implementation of risk reduction. 5.3.3.r Strategic Planning Assistance in developing long-range information technology plans, IT-enabled business plans, and program effectiveness measures related to proposed IT investments. Assistance with department-level strategic planning for IT to ensure consistency with County-level (i.e., enterprise) plans and initiatives.

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5.3.3.s Telecommunications Telecommunication Services include, but are not limited to, policy analysis, strategic planning, and network engineering, design, implementation and security services for Telecommunications Wide Area Networks, RF transmissions, RF frequency coordination, 700/800MHz systems, frequency rebanding, wireless communications, wireline communications, telephone systems, voice and data networks, switches, PBXs, microwave, or any other related engineering or professional telecommunications services. 5.3.3.t Web, Internet, and Intranet Systems Application Development A broad range of business solutions and support using the capabilities of the Web and Internet; Design, develop, test, implement and maintain Web sites, Portals, Web applications and Web services and the associated hardware, software, network and security components that comprise these solutions. 5.3.3.u Wireless Networking Includes, but is not limited to, wireless networking services including, specification generation, strategic sourcing analysis, analysis of alternate wireless technologies, Analysis of wire line vs. wireless solutions, Radio propagation analysis, Microwave path surveys and analysis, Microwave system design, Two-way radio system design, Field coverage surveys, Field site surveys, Grounding and bonding analysis, Wireless needs analysis, System surveys, Site planning and design, Mobile data applications analysis and development, Quality Assurance Services.

5.4. Task Orders

5.4.1 General

Task Orders (TO) will be issued by the County to contractors to accomplish any and all work to be accomplished under the resultant Contracts. Task Orders issued by the County may be fixed-price or on a Time and Materials (T&M) basis with a Not-To-Exceed ceiling amount. Generally, T&M-type Task Orders will be issued for staff augmentation (technical services) Task Orders and Fixed-Price Task Orders will be issued for project-type (consulting) Task Orders.

The County is not required to purchase services from any resultant contract and reserves the right to compete these services by other methods in accordance with the Procurement Regulations from other sources when it is in the County’s best interest. The County may compete from the resultant contracts a Task Order Proposal Request (TOPR) to all contractors or compete from the resultant contracts a TOPR to a subset of contractors, when it is in the County’s best interest. All new TOPRs will be initially competed. Follow-on Task Orders, Task Order extensions, or project-related follow-on Task Orders may be issued by the County directly to a Contractor as determined to be in the County’s best interest.

Acceptance of deliverables and/or acceptance testing procedures are required for all Fixed-Price Task Orders issued by the County.

A contractor who, as the result of a task order, writes the specifications for a procurement or assists with it, may be precluded from subsequently competing on a task order(s) or solicitation(s) pertaining to that procurement. Pursuant to Montgomery County code Section 11B-52. Ethics Contractor conduct.

The Contractor must adhere to all technical standards and procedures of the County, and as described in this solicitation.

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Task Orders placed before, but performed after the effective termination date of the contract, are to be honored with all terms, conditions, prices of the contract in effect until final acceptance by the County.

The County reserves the right to direct where work to be accomplished under any issued Task Order will take place.

All resumes submitted in response to a TOPR must be signed and dated by both the Contractor’s Program Manager and the Contractor’s proposed staff member(s). Resumes must use the resume format as shown in Attachment J. Signatures will represent that the resume is factual, the proposed staff member possesses the required qualifications, and the proposed staff member is available to commence work in accordance with the schedule requirements of the Task Order. On occasion, as determined by the County, the contractor may be required to furnish references to be used to validate the experience as shown in a resume submitted in response to a TOPR. Resumes and further references required will be reviewed and approved by the Task Order Manager, who will retain in his file.

The County reserves the right to enter into other contracts in connection with work that may require the contractor to coordinate its work under a TO with other contractors. The contractor shall afford other County contractors reasonable opportunities to coordinate their work, and shall be responsible for coordinating its work with the other County contractors, if required. If any part of the contractor’s work depends upon proper execution or results from the work of another County contractor, the contractor must promptly report to the County any readily identifiable defects or problems in such work that may render it unsuitable for proper or continued use.

5.4.2 Task Order Process

All work resulting from this solicitation will be accomplished by the issuance of a County Task Order. An individual County Using Department’s Task Order Manager (TOM) will originate a Task Order Proposal Request (TOPR) in a standard format along with document(s) containing the task specifications of the work to be performed or the labor category and duties in the case of a staff augmentation TOPR.

Due to COVID-19 modified operations and since LCATS 3 is being issued first, upon execution of LCATS 3 contracts, Task Order Proposal Request (TOPR)s will initially be issued for CIP projects and may also include non-CIP projects while the MCCATS 2 series is still in place. Upon execution of the MCCATS 3 contract series, odd number TOPRs will be issued under the LCATS 3 contracts and even number TOPRs will be issued under the MCCATS 3 contracts. The Using Department TOM will develop a scope of work or labor category and duties in TOPR format. The TOPR will then be solicited to a specific contractor or competed among contractors under any resultant contracts. The TOPR will specify the following:

• Scope of Work or Labor Category Staff to be provided and related duties • Using Department’s TOM who will be the County’s Technical Contact for any resultant TO • Approximate start and completion dates • Evaluation criteria • Response deadline • Any other information pertinent to the initiative in question

When TO’s are competed, each contractor who wishes to compete will submit a written Task Order Proposal (TOP) to the County Using Department TOM in a format directed by the County. All TOPs must include:

• The Scope of Services, describing in detail the work to be performed, personnel assigned, and schedule of deliverables (milestones) and payments;

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• The signed resumes of proposed personnel in the standard format not to exceed two (2) pages in length for any person;

• The schedule for completion or delivery date; • An estimate of man-hours and labor costs per deliverable (WBS format, if fixed-price); • A statement of the maximum compensation to be paid on a fixed-price or T&M (as required) for

performing specific services for the Task Order. • No more than three (3) proposed contract staffers per each Task Order Full Time Equivalency

(FTE) for staff augmentation task orders unless specifically requested by the Using Department TOM.

A TOP must not contain any additional terms or conditions as defined by the County, all Task Orders will be in accordance with the contracts terms, conditions, specifications, and pricing of the resultant contract(s). The Using Department TOM may elect to negotiate changes to a TOP, add or delete work from the scope, request proposed staff changes, or cancel the TOPR altogether. The Using Department TOM may elect to interview any proposed staff as part of the TO selection process. Following the County Using Department TOM review and selection of the recommended contractor’s TOP, the Using Department’s recommendation will be forwarded to the Director, Office of Procurement via the County’s Chief Information Officer (CIO) or designee. The TOM must obtain the CIO’s approval before forwarding request to Director, Office of Procurement, Office of Procurement. A Task Order may not be issued to the selected contractor without the issuance of a County Purchase Order. Each issued Task Order is incorporated herein by reference and made a part of contractor’s contract with the County.

The specific County Task Order Manager (TOM) from a Using Department for whom the TO was issued, may terminate a TO at any time for any reason by issuing a written notice to the contractor with the pre-approval of the Director, Office of Procurement. The approval of the Director, Office of Procurement for the Task Order termination will be indicated by the issuance of a change order to the contractor canceling the Task Order.

Conversely, in most situations, Task Orders may be modified within the scope of the Task Order. with the concurrence of both the TOM and the contractor, with the approval of the Director, Office of Procurement who will indicate such approval by the issuance of a change order to the contractor.

5.4.3 Task Order Pricing

The pricing of Task Orders will either be on a fixed-price or Time & Materials (T&M) basis as determined by the County. Labor rates for Time & Materials Task Orders will be the fixed hourly Labor Rates in the resultant contract(s) and fixed price task orders will also be derived from these same fixed hourly labor rates; these rates are firm for a minimum of two years after contract execution. Any changes after the first two years will be in accordance with Section 6.2. (Price Adjustments) of the RFP. Hourly Labor Rates are fully burdened hourly rates that include all direct and indirect costs and profit, etc. for the Contractor to perform a T&M-type TO or to derive at a fixed-price TO.

There are no provisions in the Contract and Contractor must not charge the County and the County will not approve any additional amounts for travel, food, lodging, parking, or any other miscellaneous expenses for work performed at County facilities. The Contractor may only request travel reimbursement costs, if the County directs and pre-approves Contractor travel on behalf of the County.

All work under this Contract will be accomplished by the issuance of Task Orders from the County to the Contractor. The Contractor must perform all work and adhere to all deadlines and due dates for the work to be completed as stated in the Task Order(s). The Task Order(s) will also contain maximum compensation amounts for the work described in the Task Order and the Contractor must not bill the County or incur any costs that exceed the maximum compensation amounts stated in each Task Order. The County makes no

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guarantee that the Contractor will receive any minimum or maximum number of Task Orders, or any Task Order, under the resultant Contract(s).

A Contractor shall not commence work on a Task Order without a valid Purchase Order in hand. The Using Department shall ensure that no work will commence until such time as a valid Purchase Order has been issued. The County will not pay for shift work or overtime unless specifically authorized in advance in the Task Order.

5.4.4 Participation in Task Order Process

It is the County’s expectation that all awardees of any contracts issued as a result of this RFP will actively participate in the Task Order competitive process. This does not mean that all Contractors must submit TOPs for each and every TOPR issued by the County. However, Contractors should respond to a reasonable number (as determined by the County) of TOPRs during any annual contract cycle to indicate their active participation in the TO process.

5.4.5 Delay and Extension of Time

The Contractor agrees to perform any awarded TO continuously and diligently. No charges or claims for damages shall be made by the Contractor for any delays or hindrances, regardless of cause, in the performance of services under this Contract. Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including acts of God, acts of the public enemy, acts of the County in either its management or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays arising from unforeseeable causes beyond the control and without the fault or negligence of the Contractor or its suppliers.

5.4.6 Suspension of Work

The County unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the County may determine to be appropriate for the convenience of the County.

5.5. Staffing & Personnel Qualification 5.5.1 Personnel Qualifications

Contractors must only propose staff available at the time of the TOP. In response to each TOPR, Contractors must provide personnel that satisfy the personnel qualifications specified for each of the labor categories required under the specific Task Order. In the event that labor categories are not identified in a TOPR, Contractors shall provide the appropriate labor categories for the TOPR from those specified in the Labor Categories and Qualifications, under the resultant contract(s).

The TOPR will define specific project requirements. The TOP must clearly identify applicable experiences related to projects and technologies to be used.

The Contractor shall provide fully trained and experienced personnel (including replacement personnel) required for performance of any work under Task Orders awarded. This includes training necessary for keeping personnel abreast of industry advances and for maintaining proficiency on equipment, computer languages, and computer operating systems that are available on the commercial market, or required under the resultant contract(s).

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5.5.2 Experience Definitions

5.5.2.a General Experience

General Experience refers to the minimum number of years required in Information Technology (IT). This experience must have been obtained within the most recent 15 years.

5.5.2.b Specialized Experience

Specialized Experience refers to the minimum number of years required related to the particular appropriate skills for a labor category. This experience is not in addition to, but may be part of the minimum experience required in General Experience. This specialized experience may require education in specific studies and/or formal accreditation in an IT related discipline (e.g. Oracle Certifications or Microsoft Certified Solutions Expert (MCSE)).

5.5.2.c Degree / Experience Equivalency

The labor category definitions in this RFP describe the functional responsibilities and education and experience requirements for each labor category. These requirements are a guide to the types of experience and educational background of typical personnel in each labor category.

Education and experience may be substituted for each other. Each year of relevant experience may be substituted for one year of education, and vice versa. In addition, certifications, professional licenses, and vocational technical training may be substituted for experience or education with the written approval of the County’s Using Department TOM.

Degree Experience Equivalence* Other Equivalence Associates 1 year relevant experience Vocational or technical training in work

related field Bachelors Associate degree + 2 years relevant experience,

or 4 years relevant experience Professional certification

Masters Bachelors + 2 years relevant experience, or Associates + 4 years relevant experience

Professional license

Doctorate Masters + 2 years relevant experience, Bachelors + 4 years relevant experience

* Successful completion of higher education which has not yet resulted in a degree may be counted as 1 for 1 years of experience for each year of college completed.

5.5.2.d Substitution & Replacement of Personnel

Individuals proposed and accepted as personnel for TO's are expected to remain dedicated throughout the TO commitment. Substitutions will be allowed only when the Using Department TOM specifically agrees to the substitution in writing or due to emergency circumstances. All proposed substitutions of personnel must have qualifications at least equal to that of the person initially proposed and evaluated and accepted in the TO and at the existing rate in the TO. The burden of illustrating this comparison shall be the Contractor's. The resumes of the initially proposed personnel shall become the minimum requirement for qualifications for successor personnel for the duration of the total TO term. If one or more of the personnel are unavailable for work under a TO for a continuous period exceeding 7 calendar days, the contractor must immediately notify the TOM and propose to replace personnel with personnel of equal or better qualifications within 7 calendar days of notification. The TOM may accept such substitution or cancel the

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TO without further obligation on behalf of the County, with the concurrence of the Director, Office of Procurement in the form of a change order.

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a resume of the proposed substitute, and any other information requested by the TOM to make a determination as to the appropriateness of the proposed substitution. All proposed substitutes must have educational qualifications and work experience equal to or better than the resume initially proposed for personnel; the burden of illustrating this comparison shall be the Contractor's.

Resumes must be signed by all substituting individuals and their formal supervisor, and the official resume of the previous employee shall be provided for comparison purposes.

If, subsequent to the issuance of a TO, the Using Department TOM determines that services performed by a contractor employee fail to meet County requirements and/or the employee is determined to be unqualified for the required work, the Using Department TOM will inform the contractor in writing of the situation and the employee will be replaced within ten days of the date of notification, and, depending upon the circumstances, the employee's time will not be billed by the contractor.

The County reserves the right to request, at any time and for any reason, that a contractor replace employee(s) assigned by the contractor to County assignment(s). In such instances, the contractor will be required to furnish qualified replacement(s), subject to approval of their resume by the Using Department TOM.

Any Contractor that presents for assignment, under the contract, personnel who prove incapable of performing all tasks assigned as described in the Task Order a total of two (2) times or more during the term of the Contract may be terminated for default from the contract. This criterion will be measured by the number of verified Using Department complaints (one complaint per incident) submitted to the Contract Administrator with sufficient documentation to substantiate the claim by the Using Department. The complaint will document that the Using Department has justified concerns with Contractor performance or qualification issues. These issues may include, but are not limited to, the following:

a) The individual represented by the Contractor and placed on assignment does not have the skill sets and experience required to meet job description requirements.

b) The resume(s) submitted by the Contractor in response to a Task Order Request for Proposal are not indicative of the required skill sets.

c) Upon interview of an individual based on the resume or other representation by the Contractor, the Using Department determines that the individual does not have the required skill sets or experience. The County is the exclusive, final judge of whether a skill set or experience level is or has been misrepresented by a Contractor.

The County’s Chief Information Officer or designee shall make the determination as to whether sufficient cause exists to make a termination for default recommendation to the Director, Office of Procurement, in accordance with the General Terms and Conditions of any resultant contract(s) between the County and Contractor(s), #27, Termination for Default.

5.5.2.e Subcontracting

The Offeror may subcontract the performance of required services with other Offerors or third parties, or change subcontractors, with the prior written consent of the County. However, the selected Offeror remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the

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same standards required of the selected Offeror. Notwithstanding any other term herein, Offeror shall timely exercise its contractual remedies against any non-performing subcontractor and, when appropriate, substitute another subcontractor with prior written consent of the County.

Offeror warrants that qualified personnel, including sub-contractor staff, will provide services in a professional manner. “Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the information technology industry and the requirements of this RFP and any resultant contract(s). Offeror agrees that it will not enter any agreement with a third party that might abridge any rights of the County under any resultant contract(s).

Offeror will serve as the Prime Contractor under any resultant contract(s). Contractor shall be legally responsible for the performance and payment of the subcontractor(s). Names of any third party subcontractors of Contractor may appear for purposes of convenience in task order documents; and shall not limit Contractor’s obligations hereunder. Third party subcontractors may serve as subcontractors to the resultant Contractor. Contractor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

5.5.2.f Prohibition Against Hiring County Employees

The contractor is prohibited from employing County personnel for the duration of this agreement and for one year after the conclusion of this Contract without prior approval of the County. Active recruitment of County staff by the contractor shall be sufficient cause to terminate this agreement during the performance period and to recover recruitment, hiring, and training costs up to one year after the conclusion of this agreement.

5.5.2.g Professionalism

The Contractor’s personnel shall adhere to the same professional and ethical standards of conduct required of County personnel. Contractor personnel shall not:

• Discuss with unauthorized persons any information obtained in the performance of work under any Task Order not considered a public record;

• Conduct business not directly related to the Task Order on County premises; • Use computer systems and/or other County facilities for company or personal business other than

work related to the Task Order; and • Recruit on County premises or otherwise act to disrupt County business.

5.5.2.h Authority

Contractor personnel shall not hold themselves out to be representatives, in any capacity, of the County. In all communications with third parties, Contractor personnel shall identify themselves as such and specify the name of the Contractor. In all communications with other contractors in connection with a Task Order, the Contractor personnel shall state that he or she has no authority to in any way change the contract and that if the other contractor believes a particular communication to be a direction to change the requirements of a Task Order, they should notify the Using Department’s TOM for that Task Order and not carry out the direction until a clarification has been issued by the Using Department’s TOM. The Contractor shall ensure that all of its personnel are informed of the substance of this section, and the substance of this section shall be included in all subcontracts at any tier.

5.5.2.i Security & Background Checks

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The County reserves the right to require a security background check or otherwise approve any employee or agent provided by Contractor, and to refuse access to or require replacement of any such personnel for cause, including, but not limited to, technical or training qualifications, quality of work or change in security status or non-compliance with the County’s security or other requirements. This approval requirement shall not relieve Contractor of its obligations to perform all work in compliance with the Contract terms. The Contractor may be required to bear the cost of performing the background check if so specified in the individual Task Order. The County reserves the right to reject and/or bar any Contractor personnel, whether employee or agent, from the County facilities for cause. Facilities, as used herein, shall comprise physical, Internet based resources or interfaces, intranet resources, or informational resources.

5.6. LABOR CATEGORIES & QUALIFICATIONS 5.6.1 General

The following section describes the IT labor categories and staff qualifications to be provided under any contract issued as a result of this RFP. Labor categories and qualifications are based upon a five-tier model of personnel qualifications. The five levels of qualifications upon which the labor categories in this contract are based and upon which contractors must gauge their offering prices are:

• IT Staff, Expert • IT Staff, Senior • IT Staff, Intermediate • IT Staff, Junior • IT Staff, Intern

5.6.2 Specific Categories & Qualifications

5.6.2.a IT Staff, Expert

Duties: As described in the Task Order Proposal Request (TOPR). Education: Bachelors of Art (BA) or Bachelors of Science (BS); Master’s preferred. General Experience: Eight (8) to fifteen (15) years Specialized Experience: Six (6) to Ten (10) years

5.6.2.b IT Staff, Senior

Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS; Master’s preferred. General Experience: Six (6) to Ten (10) years Specialized Experience: Four (4) to Six (6) years

5.6.2.c IT Staff, Intermediate

Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS; Master’s preferred. General Experience: Five (5) to eight (8) years. Specialized Experience: Three (3) to five (5) years.

5.6.2.d IT Staff, Junior

Duties: As described in the Task Order Proposal Request (TOPR).

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Education: BA or BS General Experience: Three (3) to five (5) years Specialized Experience: Two (2) to three (3) years

5.6.2.e IT Staff, Intern

Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS General Experience: Two (2) to three (3) years Specialized Experience: One year

5.7. ACCEPTANCE OF DELIVERABLES

In the absence of a Task Order specified deliverable acceptance procedure, the following will govern the acceptance of deliverables under any task order with deliverables which may be issued under a contract awarded as a result of this solicitation.

5.7.1 Deliverable Acceptance Procedure for Documents

For each Document Deliverable specified in the Task Order, the following procedures must be followed:

• The Contractor will schedule and conduct a Kickoff Meeting with the appropriate County UsingDepartment prior to the development of the specified Deliverable.

• The Contractor will schedule and conduct a “Joint Application Design” (“JAD”) Session with theCounty Using Department at a mutually agreeable time during the development of the specifiedDeliverable.

• When the Contractor has completed a Deliverable, the Contractor shall notify the County UsingDepartment TOM in writing that the Deliverable is ready for review and shall provide the Deliverableto the County Using Department TOM.

• Upon receipt of the Deliverable and with the Contractor's cooperation and assistance, the Countywill conduct a review of the Deliverable to verify whether it conforms to the applicable specifications.The County shall have ten (10) business days after receipt of the Deliverable, or such other longerperiod as may be mutually agreed upon (the “Review Period”) in the Task Order, to review theDeliverable and provide the Contractor, in writing, a list of material non-conformities (collectively,"non-conformities"). If the County does not notify the Contractor of any non-conformity(ies) withinthe Review Period, the County shall be deemed to have accepted the Deliverable.

• If the County notifies the Contractor of any material non-conformity(ies) in the Deliverable within theReview Period, the Contractor shall correct such non-conformity(ies) at its own expense. TheContractor shall notify the County in writing within ten (10) business days, or such other longerperiod as may be mutually agreed upon (the “Response Period”) in the Task Order, of theavailability of a revised Deliverable and shall provide the Deliverable to the County.

• Upon receipt of the revised Deliverable and with the Contractor's cooperation and assistance, theCounty Using Department will conduct an additional review of the revised Deliverable to verifywhether it conforms to the applicable specifications. The County shall have ten (10) business days,or such other longer period as may be mutually agreed upon (the “Acceptance Period”), afterreceipt of the revised Deliverable to review the Deliverable. If the County does not notify theContractor of any non-conformity(ies) within the Acceptance Period, the County shall be deemed tohave accepted each Deliverable.

5.7.2 Deliverable Acceptance Procedure for Software

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5.7.2.a User Acceptance Testing (UAT):

Following the completion of development and internal testing by the Contractor, the Contractor shall provide the County Using Department TOM with a list of known non-conformities for that particular Software Deliverable. Further, the Contractor shall install the software in the test environment and notify the County in writing of the availability of the Software Deliverable.

• Upon receipt of the Software and with the Contractor's cooperation and assistance, the CountyUsing Department TOM will conduct a User Acceptance Test of the Software to verify whether itconforms to the applicable specifications. The County shall have twenty (20) business days afterreceipt of the Software, or such other longer period as may be mutually agreed upon in the TaskOrder, (the “UAT Period”), to test the Software in the test environment and provide the Contractor,in writing, with a list of material non-conformities. If, at the conclusion of the UAT Period, theSoftware satisfies the Software Acceptance Criteria (as defined in the table below), the County shallbe deemed to have accepted the Software.

• If the Software fails to meet the Software Acceptance Criteria, the Contractor shall correct suchnon-conformity(ies) at its own expense. The Contractor shall notify the County in writing withintwenty (20) business days, or such other period as may be mutually agreed upon (the “Fix Period”),of the availability of the revised Software and shall re-install the software in the test environment.

• Upon receipt of the revised Software and with the Contractor's cooperation and assistance, theCounty Using Department TOM will conduct an additional test of the revised Software to verifywhether it conforms to the applicable specifications. The County shall have twenty (20) businessdays, or such other period as may be mutually agreed upon (the “Regression Test Period”) in theTask Order, after receipt of the revised Software to re-test the Software. If, at the conclusion of theRegression Test Period, the Software satisfies the Software Acceptance Criteria (as defined in tablebelow), the County shall be deemed to have accepted the Software.

• This iterative cycle of testing and correcting will continue until the Software Deliverable meets theSoftware Acceptance Criteria

5.7.2.b Production Acceptance Period

• Following the completion of UAT, the Contractor, with the assistance from the County UsingDepartment TOM, shall install the software in the production environment and notify the County inwriting of the availability of the Software Deliverable.

• Upon receipt of the Software and with the Contractor's cooperation and assistance, the CountyUsing Department will commence a Production Acceptance Period to verify whether the Softwareconforms to the applicable specifications in the production environment. The ProductionAcceptance period shall last thirty (30) calendar days after successful installation of the Software. If,at the conclusion of the Production Acceptance Period, the Software satisfies the SoftwareAcceptance Criteria (as defined in table below), the County shall be deemed to have accepted theSoftware and the Contractor will be compensated per the payment schedule for the Deliverable ascontained in the Task Order.

5.7.2.c Post-Production Acceptance Period Issue Resolution

• In the event that any material non-conformity(ies) remains uncorrected after the ProductionAcceptance Period, the County shall have the option of: (1) accepting the Software and convertingthe non-conformity(ies) to a warranty item; or (2) stopping use of the Software in the productionenvironment in order to allow Contractor to correct the non-conformity(ies) at Contractor’sexpense. Upon correction, the Contractor shall install the corrected software in the productionenvironment and notify the County, in writing, that the non-conformity(ies) is corrected. The Countywill validate the correction.

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• This iterative cycle of testing and correcting will continue until the Software conforms to theapplicable specifications in the production environment.

5.7.3 External Causes

The Contractor is not responsible for any non-conformity(ies) with specifications caused by conditions or causes beyond the Contractor’s control, including but not limited to: performance issues with the County Local Area Network, changes to the underlying information systems, and databases and/or backend system outages (collectively, an “external cause”).

In the event that the Contractor attributes a non-conformity(ies) to an external cause, the Contractor must demonstrate to the County that, in fact, the non-conformity(ies) is solely due to the external cause and not to a deficiency in the Contractor’s software. Simply suggesting that a non-conformity(ies) is attributable to an external cause is insufficient.

5.7.4 Software Acceptance Criteria

The following levels of software quality will be used to quantify the level of quality for a particular Software Deliverable. In order for a Software Deliverable to successfully pass a User Acceptance Test (UAT) or Production Acceptance Period, the software must not exceed the following (noted in the table below in the “Software Acceptance Criteria”) number of unresolved non-conformities at the conclusion of the UAT or Production Acceptance Period:

Severity Level Number of Defects Allowed

Level 1 - Critical:

Level 1 incidents are those that impact the County in a business-critical way. The incident impacts the availability or performance of multiple aspects for the system and/or will impact a large number of users. No workaround exists for system users to resolve this type of issue.

0

Level 2 - High:

Level 2 incidents are those whose impact on the County is significant but not critical. A workaround can be identified that will allow system users to use the solution in another way.

3

Level 3 - Moderate:

Level 3 incidents are those that have some impact on the County resulting in making it difficult to use the solution. The result of this issue is that the solution has deficiencies making it considerably difficult to for the County to use the solution.

7

Level 4 - Minor:

Level 4 incidents minimally impact the availability or performance of the system and/or will impact a small number of users. The result of this issue does not materially impact the County users’ from utilizing the solution.

20

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5.7.5 Latent Defects

During the warranty period, acceptance as herein intended, may be revoked by the County upon the discovery of a latent defect in design, material or workmanship, or a latent nonconformity of the work, material, or equipment to the specifications as herein set forth, which would have constituted a basis for rejection if discovered prior to acceptance. The Contractor warrants that, upon notification by the County Using Department TOM during the period specified above of a latent defect in the products or a latent nonconformity of the work, material or equipment to the specifications herein, it shall re-perform or replace whatever is the cause of the latent defect at its expense and in accordance with the warranty requirements of the contract and/or Task Order. Correction of latent defects in software will be subject to the same acceptance procedures as described earlier in this section for software acceptance.

5.8 SOFTWARE

The apparent silence of the specifications as to any detail, or the apparent omission of detailed description concerning any point in any Task Order regarding the development of any software, shall be regarded as meaning that only the best commercial practice is to prevail and only material and workmanship of the first quality may be used. Upon any notice of noncompliance provided by the County, Contractor must supply proof of compliance with the specifications as contained in the Task Order. Contractor must provide written notice of its intent to deliver alternate or substitute Deliverables. Alternate Deliverables may be accepted or rejected in the sole discretion of the County and must be accompanied by Contractor’s certification and evidence satisfactory to the County that the function, characteristics, performance and endurance will be equal or superior to the original Deliverables specified.

5.8.1 Software Documentation

Contractor shall provide two (2) complete sets of documentation for Software, including technical, maintenance, and installation information. Contractor shall also provide two (2) complete sets of documentation for each updated version of Software provided. Contractor shall provide the documentation on or before the date Contractor delivers its respective Software. There shall be no additional charge for this documentation or the updates, in whatever form provided. Contractor’s Software documentation shall be comprehensive, well structured, and indexed for easy reference. If Contractor maintains its technical, maintenance and installation documentation on a web site, Contractor may fulfill the obligations set forth in this section by providing County access to its web-based documentation information. Contractor may also provide such information on CD-ROM. Contractor grants County the right to make derivative works, update, modify, copy or otherwise reproduce the documentation furnished pursuant to this section at no additional charge.

5.8.2 Training Materials

Contractor shall provide training as specified in the Task Order, if any. As long as the Software developed under the Task Order is in use by County, County shall have the right to use Contractor’s materials for instruction of its personnel at no additional cost, including the right to reproduce Contractor’s instructional materials. Such use and reproduction by County shall not be deemed to violate or infringe upon any patent, copyright, or other proprietary right of the Contractor.

5.8.3 Quality Assurance Systems

In addition to any other QA requirements of the Task Order, the Contractor and its subcontractors will provide and maintain a quality assurance system acceptable to the County covering Deliverables and services under the Contract and will tender to the County only those Deliverables that have been inspected and found to conform to the Task Order’s requirements.

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5.8.4 Software Warranty

Unless otherwise specified in the Task Order, the warranties for software developed under a Task Order:

• Begin upon acceptance of the Software deliverable or service in question and end one (1) yearthereafter. Contractor warrants that (i) Software and services furnished hereunder will conform tothe requirements of the Task Order (including without limitation all descriptions, specifications, anddrawings identified in the TO Statement of Work), and (ii) the Software deliverables will be-freefrom material defects in materials and workmanship. Where the parties have agreed to designspecifications (such as a Detailed Design Document) and incorporated the same or equivalent inthe TO Statement of Work directly or by reference, Contractor will warrant that its Softwaredeliverables provide all material functionality required thereby. In addition to the other warrantiesset forth in contract, where a task order calls for delivery of Software, Contractor warrants thatsuch Software will perform in accordance with its accompanying documentation. The County'sapproval of designs or specifications furnished by Contractor shall not relieve the Contractor of itsobligations under this warranty.

• Contractor warrants that Software deliverables furnished hereunder (i) will be free, at the time ofdelivery, of harmful code (i.e. computer viruses, worms, trap doors, time bombs, disabling code, orany similar malicious mechanism designed to interfere with the intended operation of, or causedamage to, computers, data, or Software); and (ii) will not infringe or violate any U.S. IntellectualProperty Right. Without limiting the generality of the foregoing, if the County believes that harmfulcode may be present in any Software delivered hereunder, Contractor will, upon the County'srequest, provide a master copy of the Software for comparison and correction.

• Unless otherwise specified in the TO Statement of Work, Contractor does not warrant that anySoftware provided hereunder is error-free or that it will run without immaterial interruption.

• Contractor does not warrant and will have no responsibility for a claim to the extent that it arisesdirectly from i) a modification made by the County, unless such modification is approved ordirected by Contractor, ii) use of Software in combination with or on products other than asspecified by Contractor, or iii) misuse by the County.

5.9 PROJECT MANAGEMENT & ENTERPRISE ARCHITECTURE

5.9.1 Project Management

Montgomery County has adopted the Project Management Body of Knowledge (PMBOK®), created and endorsed by the Project Management Institute (PMI), as the accepted standard for Project Management for all County Projects. In recent procurements, the County has realized that each contractor comes with their own project management methodology, which may or may not, meet County expectations. Based on this experience, the County now requires all contractors to use and adopt the PMI standards and methodologies on all County task order projects

5.9.2 Enterprise Architecture

The Montgomery County Department of Technology Services in concert with the various Using Departments has developed an Enterprise Architecture (EA). All contractors that design, build, or modify information systems for Montgomery County are expected to comply with the County’s Enterprise Architecture. All Offerors are expected to indicate their understanding of the County’s Enterprise Architecture in their proposal submission.

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A copy of the Montgomery County Enterprise Architecture document is located on the DTS Internet Enterprise Architecture portal at http://www.montgomerycountymd.gov/dts/architecture/index.html. 5.

6. SECTION C - PERFORMANCE PERIOD

6.1. TERMThe effective date of this Contract begins upon signature by the Director, Office of ProcurementThe period in which the County must order all work and ends after a two 2 year period. Contractor mustalso perform all work in accordance with time periods stated in the Scope of Work. Before this term forperformance ends, the Director at his/her sole option may (but is not required to) renew the term.Contractor’s satisfactory performance does not guarantee a renewal of the term. The Director may exercisethis option to renew this term three 3 time(s) for one 1 year(s) each.

6.2 PRICE ADJUSTMENTSPrices quoted are firm for a period of two years after execution of the contract. Any request for a price adjustment after this two-year period is subject to the following: 6.2.1. Approval or rejection by the Director, Office of Procurement or designee 6.2.2. Submission in writing to the Director, Office of Procurement and accompanied by supporting

documentation justifying the Contractor’s request. A request for any price adjustment may not be approved unless the contractor submits to the County sufficient justification to support that the Contractor’s request is based on its net increase in costs in delivering the goods/services under the contract.

6.2.3. Submission within sixty (60) days prior to contract expiration date, if the contract is being amended.

6.2.4. The County will not approve a price adjustment request that exceeds the amount of the annual percentage change of the Consumer Price Index (CPI) for the twelve-month period immediately prior to the date of the request. The request must be based upon the CPI for all urban consumers issued for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan area by the United States Department of Labor, Bureau of Labor Statistics for ALL ITEMS.

6.2.5. The County will approve only one price adjustment for each contract term, if a price adjustment is approved.

6.2.6. The price adjustment, including its effective date, must be incorporated into a written contract amendment.

7 SECTION D - METHOD OF AWARD/EVALUATION CRITERIA

7.1 PROCEDURES 7.1.1. Upon receipt of proposals, the Qualification and Selection Committee (QSC) will review and

evaluate all proposals in accordance with the evaluation criteria listed below under Section D.7.1.9.a. Method of Award is based on Written Evaluation, only.

7.1.2. Vendor interviews will not be conducted. 7.1.3. QSC will make its award recommendations of the Twelve (12) highest ranked Offerors based on

the QSC’s written score and its responsibility determinations 7.1.4. The Using Department Head will review and forward the QSC recommendation with

concurrence, objection, or amendment to the Director, Office of Procurement. 7.1.5. The Director, Office of Procurement, may approve, approve with conditions, or reject the Using

Department Head’s recommendation. 7.1.6. Upon approval of a recommended award to a proposed awardee(s), by the Director, Office of

Procurement, the County will enter into negotiations with the proposed awardee(s). If a contract cannot be successfully negotiated with the proposed awardee(s), the Using Department will proceed to negotiations with the next highest ranked offeror after obtaining approval from the Director. If the Director approves, negotiations may be held simultaneously or successively with one or more offerors prior to making an award.

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7.1.7. After the successful conclusion of negotiations, the Director will publicly post the name(s) of the proposed awardee(s).

7.1.8. The County reserves the right to cancel the solicitation. The solicitation cancellation will be publicly posted.

7.1.9. EVALUATION CRITERIA POINTS a. Written Proposal Evaluation Criteria

The QSC will evaluate the written proposals based on the following criteria.1. Offeror’s demonstrated expertise and capability to provide IT

consulting and technical services to public sector entities asdescribed / required in this RFP 40

2. Offeror’s demonstrated understanding of and expertise with thosetechnologies, platforms, tools and methodologies described in theCounty’s Enterprise Architecture document and the PMI ProjectManagement Book of Knowledge® 20

3. Certification (of appropriate unit engagement team or division) ofOfferor’s Project Management, Integration Services and/orSoftware Engineering operation in accordance with nationally orinternationally recognized certification standards, e.g. ISO,CMMI, ITIL, etc. 10

4. Price (Attachment F) 10 5. Qualifications of Proposed Staff (As required under E.8.1. Proposal

Submissions) 10 6. MFD Participation* (Must EXCEED set % goal of applicable purchasing category) 10

Highest possible QSC score for written proposal evaluation: 100 *MFD Participation Requirements and Examples: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf)

8 SECTION E - SUBMISSIONS 8.1 PROPOSAL SUBMISSIONS FAILURE OF AN OFFEROR TO SUBMIT ALL REQUIRED PROPOSAL SUBMISSIONS MAY RENDER ITS PROPOSAL UNACCEPTABLE AS DETERMINED BY THE DIRECTOR, OFFICE OF PROCUREMENT.

8.1.1. Offerors must submit one original, 3 copies of their proposal and four sets of digital files on a flash drive in the format below. Three set of files on the flash drives MUST be an exact imaged copy of the original signed proposal in PDF. The fourth set of files on the flash drive must be in Microsoft Office (MS Word, Excel, etc.) and capable of being edited by the County. (Offeror may password protect these files if required. Include password with proposal).Written proposals will be evaluated on only what is submitted. Offerors must limit their proposal submissions to no more than the number of single-sided, single-spaced pages described in each requirement below with a font size no smaller than 10, exclusive of Attachments to this RFP which must be filled out and submitted along with resumes, and other specifically defined items. The Offeror must submit sufficient information in response to each required submission to enable the QSC to evaluate the Offeror’s capabilities and experience as it relates to this RFP. Proposals must include the following information (including labeled sections numbered as shown):

8.1.1.1. A cover letter (One page maximum) with a brief description of the firm, including the offeror’s name, address, telephone number, and email address.

8.1.1.2. The completed Acknowledgment page of this solicitation, signed by a person authorized to bind the offeror to the proposal.

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8.1.1.3. Provide references of at least three (3) current and/or previous employers / clients who may be contacted to attest to the quality and timeliness of the Offeror’s work of similar nature and scope to that required by the County. All references must be no older than five years (see Attachment A).

8.1.1.4. If this solicitation is subject to the Wage Requirements Law (see page 1), the offeror must submit the appropriate Wage Requirements Law forms found at: (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-177.pdf). Failure to submit and complete the required material information on the form(s) may cause the offeror’s proposal to be unacceptable under County law, and the proposal may be rejected.

8.1.1.5. Mid-Atlantic Purchasing Team Rider Clause – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-147B.pdf).

8.1.1.6. Minority, Female, Disabled Persons Subcontractor Performance Plan (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf). To ensure a contract can move forward as a result of this solicitation, this plan must be submitted with the offeror’s proposal. Note: Offerors who are seeking additional MFD participation evaluation scoring points (see Section D above and the requirements and examples at (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/MFDCriteria.pdf) MUST complete and submit this form with its proposal submission.

*The Purchasing Category Related to the MFD Participation Evaluation Factor forthis solicitation is indicated on the front cover page.

8.1.1.7. Minority Business Program and Offeror’s Representation – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-90.pdf) (see Sample of MFD Report of Payments Received (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-97.pdf) Note: Offerors who are seeking additional MFD participation evaluation scoring points described under Section E, 8.1.1.6., above, should complete and submit this form with its proposal submission.

8.1.1.8. Executive Summary. (Two pages maximum). The Offeror shall submit an executive summary that outlines its proposal, including the proposed general management philosophy and how the management philosophy will assist the Offeror in meeting the requirements of this RFP.

8.1.1.9. Background, Experience, Capability. In the sub-items below, the Offeror shall provide a concise description of the Offeror’s company, including origin, State of incorporation, and background. Include information concerning general organization, staffing qualifications and functional areas of expertise, and experience as an IT Consulting and Technical Services provider in the public sector. In addition, please describe why you feel that your services, from a technical and functional perspective, are the best fit for the County environment. Describe the distinguishing features the County should know about your services and company. Offerors must provide responses to the items listed below as indicated:

8.1.1.10. Experience, Capability and Organization Skills (Ten pages maximum) Offeror must describe their general and specific experience in providing the required services in the public sector, their capability, and organizational skills they possess for delivering the information technology (IT) services required in this RFP. Offeror should describe any Certifications (of appropriate unit engagement team or division) of Offeror’s Project Management, Integration Services, and/or Software Engineering Services in accordance with nationally or internationally recognized certification standards, e.g. CMMI, ISO, ITIL, etc. and how it relates to the services required in this RFP. (Offeror should attach appropriate documentation of certification immediately

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behind this sub-section in their submission. Offeror may submit more than one certification, but submission on this certification item should not exceed a total of five pages in length. This certification item does not count against the ten page limit for this sub-section.)

8.1.1.11. Sub-Contractor(s) (One Page Maximum) Offerors must describe what relationships they have in place and how they would establish new relationships to meet County needs as they emerge over time. Responses such as “Will be determined later” or “Unknown at this time” will not be considered responsive to the submission requirements of this item. Do not submit copies of sub-contracts, unless requested by the County. The purpose of this required submission is to ensure that the Offerors have concrete sources from which to furnish labor categories required when requested by the County. (Specific labor categories provided via sub-contract must be disclosed in the required Labor Source Document submission requirements under subparagraph “n.” below.)

(NOTE: Offerors are reminded that they are totally responsible for the staff qualifications, conduct and work products of any sub-contract furnished labor. Although the County may be a third-party beneficiary of any such sub-contract between the Offeror and the sub-contractor, this arrangement does not confer any status to the sub-contractor in any resultant contract between the County and the Offeror.)

8.1.1.12. Maintaining Staff Qualifications & Capabilities (One page maximum) Offeror must describe how they maintain staff/personnel qualifications and capabilities to deliver the IT technical and consulting services required under this RFP.

8.1.1.13. Recruitment Process (One Page maximum) Offeror must describe the recruitment process that it uses to attract and retain IT candidates with specific skill sets, training and education.

8.1.1.14. Enterprise Architecture (One page Maximum) The Offeror shall submit a short, clear, and concise description of its understanding of the County’s enterprise architecture as described in this RFP and its experience in providing services in such an environment.

8.1.1.15. Project Management (Two pages maximum) Use of the County’s Project Management Methodology as described in this RFP is a requirement of any resultant contracts awarded. Offeror must submit a short, clear, and concise description of its understanding of the County’s Project Management Methodology; project management methodologies with which it has experience; and how it will ensure that any project work it undertakes under a task order will conform to the County’s requirements.

8.1.1.16. Selected Staff Resumes. Offeror must submit five (5) resumes for proposed staff as indicated below whose qualifications, education, duties, etc.. must conform to the specific requirements of Section 5.5 (Staffing & Personnel Qualifications) of this RFP. Resumes must be no longer than two (2) single-sided, single-spaced pages with a font size no smaller than 10, and must, at a minimum, contain education, chronological experience, and qualifications of the prospective staff member. Offeror must use the resume format contained at Attachment E1 for this submission and for resume submissions under any resultant contract. Resumes must be signed and dated by both the Offeror and the staff member.

8.1.1.17. IT Staff Expert (Applications Development Expert) Duties: Provides design recommendations based on long-term IT organization strategy. Develops enterprise level application and custom integration solutions including major enhancements and interfaces, functions and features. Uses a variety of platforms to provide automated systems applications to customers. Provides

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expertise regarding the integration of applications across the business. Determines specifications, then plans, designs, and develops the most complex and business critical software solutions, utilizing appropriate software engineering processes – either individually or in concert with a project team. Will assist in the most difficult support problems.

Develops programming and development standards and procedures as well as programming architectures for code reuse. Has in-depth knowledge of state-of-the art programming languages and object-oriented approach in designing, coding, testing and debugging programs. Understands and consistently applies the attributes and processes of current application development methodologies. Researches and maintains knowledge in emerging technologies and possible application to the business. Viewed both internally and externally as a technical expert and critical technical resource across multiple disciplines.

8.1.1.18. IT Staff, Senior (Applications Programmer Senior) Duties: Analyzes functional business applications and design specifications for functional areas such as finance, accounting, personnel, public safety, social services, procurement, legal support services, and transportation. Develops block diagrams and logic flowcharts. Translates detailed design into computer software. Tests, debugs, and refines the computer software to produce the required product. Prepares required documentation, including both program-level and user-level documentation. Enhances software to reduce operating time or improve efficiency. Provides technical direction to programmers as required to ensure program deadlines are met.

8.1.1.19. IT Staff, Intermediate (ERP Consultant) Duties: Performs evaluation and implementation tasks for Enterprise Resource Planning (ERP) and ERP-related software products using broad industry experience, including industry best practices and extensive product knowledge. Leads parts of the project and creates project methodology as needed. Additional responsibilities include:

Provides knowledge of multiple functional areas or other areas of expertise with hands-on experience in multiple modules or vendors and has the ability to transfer knowledge and skill. Accomplished at several professional level roles and knowledgeable about applying technology to business operations in multiple industries. Applies industry best practices, product knowledge, and experience to lead overall business requirements gathering sessions and makes overall business process recommendations. Develops or executes functional and technical specifications and testing for complex interfaces, module integration, system extensions, and reporting systems. Executes project plan tasks and other duties as assigned. Provides regular status on tasks and issues. Coordinates resources and occasionally assumes project management responsibilities

8.1.1.20. IT Staff Junior (Help Desk Specialist, Junior) Duties: Provides telephone and in-person support to users in the areas of directories, standard Windows desktop applications, and applications developed under this Contract or predecessors. Serves as the initial point of contact for troubleshooting hardware/software PC and printer problems.

8.1.1.21. IT Staff, Intern (Geographic Information Systems Technician, Intern) Duties: Conducts geographic information system (GIS) program activities, utilizing GIS hardware and software to produce maps, spatial databases and thematic data (such as wetlands, road centerlines, cadastre, and historic sites). Creates, adjusts, corrects,

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converts and distributes base maps and thematic data. Digitize and maintain spatial databases of County information; document procedures, validate data for accuracy and completeness, complete approved metadata forms and produce maps of the resulting information. Evaluate information and data from outside sources to determine the quality of the data. Provide geographic location coordinates from the GIS to facilitate spatial analysis and data manipulation, calculate distances and area of features and interpret legal descriptions and certifies changes in boundary lines.

8.1.1.22. Price Sheet. Offerors must complete the offering Price Sheet located in Attachment F and submit their fully burdened Time and Material (T&M) labor rates for ALL of the Labor Categories required in this RFP. Offerors must submit their T&M rates on the form provided and in no other format. An incomplete Price Sheet may cause the Offeror’s proposal to be set aside without further consideration. If an Offeror does not directly employ qualified staff in each of the required labor categories, the prices submitted will be the Offeror’s brokerage rate to furnish the required labor category to the County.

8.1.1.23. Labor Source Document. Offeror must distinguish between those labor categories which they possess in-house and those for which they will provide via sub-contract. Offeror must submit the completed Labor Source Document (Attachment G).

8.1.1.24. Offeror Information. Offeror is required to submit the completed Offeror Information / Contractor Information Sheet found in Attachment H

8.1.1.25. Financial Statement. The Offeror must provide audited balance sheets for the past three (3) years, or other acceptable evidence of financial stability. If three (3) years of financial information is not available (i.e., the Offeror has not been in business for three [3] years), this information shall be provided to the fullest extent possible, but not lessthan twelve (12) months. MINIMUM REQUIREMENT: Offerors must have been inbusiness a minimum of 12 months prior to the proposal submission deadline containedin this RFP. If providing less than three (3) years, Offeror must explain why theinformation is not available.

8.1.1.26. Dun & Bradstreet Report. The Offeror must provide a current Dun and Bradstreet Comprehensive Insight Plus Report. Current for the purposes of this requirement means no older than 90 days prior to the proposal submission deadline. The Dun and Bradstreet report must be for the legal entity who is submitting the proposal and with whom the County will be contracting.

8.1.1.27. Redacted Proposal: The County anticipates receiving requests made pursuant to the Maryland Public Information Act (“MPIA”) for copies of the proposals submitted in response to this RFP. Therefore, each Offeror must also provide a self-redacted proposal. Any redactions must be in compliance with the MPIA.

8.2 AWARD SUBMISSIONS Prior to the execution of a contract, the following items must be submitted: 8.2.1 Minority, Female, Disabled Person Subcontractor Performance Plan (contract value greater

than $50,000) – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-65.pdf).

8.2.2 Offeror’s Certification of Cost and Price (contract value greater than $100,000) – (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf).

8.2.3 Certificate of Insurance (see mandatory insurance requirements) - Attachment C. 8.2.3.1 The proposed contract awardee must provide the applicable insurance coverage, and

all costs for this coverage must be calculated into offeror’s proposal price. 8.2.3.2 These insurance requirements supersede those found in Provision #21 of the General

Conditions between County and Contractor, and are applicable to any contract executed as a result of this solicitation.

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8.2.4 If this solicitation is subject to the Wage Requirements Law (see page 1), then the offeror must submit a Certification of posting a Wage Requirements notice (see sample (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-164.pdf)

9 SECTION F - COMPENSATION The contractor will be paid on a monthly basis, within 30 days after the County’s receipt and acceptance of an invoice submitted by the contractor and in a form approved by the County.

9.1 Invoices

The Contractor shall issue true and correct invoices monthly in a format approved by the County. Invoices should be submitted no later than the 10th day of the month following the month in which services were rendered or in which payment was authorized in the case of fixed-price task orders. Invoices should be submitted to the appropriate County Using Department TOM who shall verify that billed services were received. In no case shall the Contractor be paid an amount greater than that approved by the Using Department TOM. Invoices must be submitted with documentation of services provided or deliverables accepted.

In the event of an invoice discrepancy, the Using Department TOM shall resolve the issue with the Contractor's Program Manager. In the event that the respective TOM and the Contractor's Program Manager are unable to resolve the billing discrepancy, the matter shall be escalated.

9.2 Payments

Payment of invoices will be due 30 days after receipt, acceptance and approval by the County of a true and correct invoice. For time and materials task orders, the Contractor will be paid on a monthly basis upon submission of true and correct invoices. For firm fixed-price task orders, the Contractor will be paid upon the acceptance by the County of specified services and deliverables, and upon submission of true and correct invoices by the Contractor.

10 SECTION G - CONTRACT ADMINISTRATOR

10.1. AUTHORITY The Director, Office of Procurement, is the delegated contracting officer. Therefore, the Director, Office of Procurement, must approve amendments, modifications, or changes to the terms, conditions, or minority, female, and disabled subcontractor plans in writing.

10.2. USING DEPARTMENT The contract administrator’s duties are defined in the General Conditions of Contact between County & Contractor, Section J, item #6A.

10.3. CONTRACT ADMINISTRATOR

The Contract Administrator for any contract resulting from this solicitation is: Gaye Barksdale, Department of Technology Services, 101 Monroe Street, 13th floor, Rockville, Maryland, Phone: 240-777-3697.

11 SECTION H - SPECIAL TERMS AND CONDITIONS

11.1 General Conditions of Contract Between County and Contractor (General Conditions)

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The County’s General Conditions of Contract Between County and Contractor (“General Conditions”) will be made a part of any contract resulting from this solicitation. In the event an Offeror desires to request any modification to the County’s General Conditions, it must make its request to modify General Conditions, in writing, no later than 20 days before the due date for Offerors to submit proposals in response to this solicitation. The County will then consider any requested modification to the General Conditions, as well as applicable laws, regulations, policies, procedures, and related business, governmental, and legal issues. And, if the County determines that a modification to the General Conditions is appropriate for this solicitation, it will then issue a solicitation amendment that notes any resulting modification to the General Conditions. If the County modifies the General Conditions, then the General Conditions, as modified, will become a part of any contract resulting from this solicitation. Accordingly, by signing the Acknowledgement page of this solicitation, the Offeror agrees that the General Conditions (including any modification made through a solicitation amendment) will be applicable to any contract resulting from this solicitation. The County will deem unacceptable, and will not consider for further evaluation, any proposal that includes modifications to the General Conditions that it receives after the above-mentioned deadline for submitting a request to modify the General Conditions.

11.2 County Information Security Requirements The Contractor may be afforded remote access privileges to County Information Resources, or otherwise work on or interface with County Information Resources, and must ensure that the County’s Information Resources, including electronic data assets, are protected from theft, unauthorized destruction, use, modification, or disclosure as deemed necessary under the County’s Information Resources Security Procedure (AP 6-7). The Contractor must adhere to any and all policies and procedures under, or related to, the County’s Information Resources Security Procedure (AP 6-7) (Attachment I-1), which is expressly attached to this Contract and incorporated by reference into, and made a part of this Contract. The County reserves the right to update AP 6-7 at any time, and such updates will be deemed binding upon Contractor.

The County’s Information Resources Security Procedure (AP 6-7) references the County Computer Security Guidelines (Attachment I-3) and the County’s Administrative Procedure 6-1 (Use of County-Provided Internet, Intranet, and Electronic Mail Services) (Attachment I-2). The County Computer Security Guideline (March 2009 version) and Administrative Procedure 6-1 are included in Attachment I and are incorporated by reference herein.

The Contractor will also have access to County data that may be of a confidential or privileged nature. Contractor employees working at County locations will wear County-issued identification badges and sign County furnished Non-Disclosure or Confidentially Statements. At the County’s discretion, a Contractor employee may be required to vacate County premises immediately if it is determined that the Contractor employee may have accessed confidential data for non business-related purposes or that the Contractor employee may be involved in an illegal use of confidential data.

The above discussion to not relieve the Contractor from any requirements in the General Terms and Conditions attached to this RFP. Contractors are reminded to review all security-related requirements in the General Terms and Conditions, including those related to HIPAA. There may be Task Orders that are subject to a HIPAA business agreement. In those instances, it will be included in the TOPR.

11.3 Use of County’s Name No advertising, sales promotion or other materials of the Contractor or its agents or representatives may identify or reference this Contract or the County in any manner absent the County's prior written consent. As a condition of entering into this Contract, the Contractor further agrees to refrain from the following, absent the County's prior written approval: (1) making any statement to the media regarding the subject matter of this Contract; or (2) making any statement to the media on any issue which is in the County's judgment likely to cause the County or County staff to be viewed as anything other than

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neutral with respect to the subject matter of this Contract, or cast doubt on the competence or integrity of the County or the Contractor. Failure to comply with this requirement by the Contractor shall constitute a material breach of this Contract.

11.4 Regeneration of Lost or Damaged Data With respect to any data which Contractor has lost or damaged, Contractor must, at its own expense and to the extent possible, promptly replace or regenerate such data from the County’s machine-readable supporting material, or obtain, at Contractor’s own expense, a new machine-readable copy of lost or damaged data from the County’s data sources. The Contractor shall not be responsible for any expenses that are the result of the failure of the County to maintain backup data in accordance with County procedures, unless the Contractor caused such failure.

11.5 Provisions Required by Law Deemed Inserted Each and every provision of laws and clauses required by law to be inserted in this contract shall be deemed to be inserted and incorporated by reference. The contract shall be read and enforced as though the required provisions are included and if through mistake or otherwise, any such provision is not inserted or not correctly inserted, then upon the application of either party the contract shall be amended to make such insertion.

12 SECTION I - ETHICS

As a result of being awarded a contract resulting from this solicitation, the successful contractor may be ineligible for the award of related contracts. In this regard, Montgomery County Code Sections 11B-52 (b) and (c) state the following:

A contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:

(a) Assist another party in the matter or another person if the person has a direct andsubstantial interest in the matter; or

(b) Seek or obtain an economic benefit from the matter in addition to payment to thecontractor by the County.

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13 SECTION J - GENERAL CONDITIONS OF CONTRACT BETWEEN COUNTY & CONTRACTOR 1. ACCOUNTING SYSTEM AND AUDIT, ACCURATE INFORMATION The contractor certifies that all information the contractor has provided or will provide to the County is true and correct and can be relied upon by the County in awarding, modifying, making payments, or taking any other action with respect to this contract including resolving claims and disputes. Any false or misleading information is a ground for the County to terminate this contract for cause and to pursue any other appropriate remedy. The contractor certifies that the contractor's accounting system conforms with generally accepted accounting principles, is sufficient to comply with the contract's budgetary and financial obligations, and is sufficient to produce reliable financial information. The County may examine the contractor's and any first tier subcontractor's records to determine and verify compliance with the contract and to resolve or decide any claim or dispute arising under this contract. The contractor and any first tier subcontractor must grant the County access to these records at all reasonable times during the contract term and for 3 years after final payment. If the contract is supported to any extent with federal or state funds, the appropriate federal or state authorities may also examine these records. The contractor must include the preceding language of this paragraph in all first tier subcontracts. 2. AMERICANS WITH DISABILITIES ACT The contractor agrees to comply with the nondiscrimination requirements of Titles II and III, and other provisions, of the Americans with Disabilities Act of 1990, Pub. Law 101-336, and ADA Amendments Act of 2008, Pub. Law 110-325, as amended, currently found at 42 U.S.C., § 12101, et seq., and 47 U.S.C., ch. 5. 3. APPLICABLE LAWS This contract must be construed in accordance with the laws and regulations of Maryland and Montgomery County. The Montgomery County Procurement Regulations are incorporated by reference into, and made a part of, this contract. In the case of any inconsistency between this contract and the Procurement Regulations, the Procurement Regulations govern. The contractor must, without additional cost to the County, pay any necessary fees and charges, obtain any necessary licenses and permits, and comply with applicable federal, state and local laws, codes and regulations. For purposes of litigation involving this contract, except for contract Disputes discussed in paragraph 8 below, exclusive venue and jurisdiction must be in the Circuit Court for Montgomery County, Maryland or in the District Court of Maryland for Montgomery County. The County’s prevailing wage law, as found at §11B-33C of the County Code, applies to certain construction contracts. To the extent applicable, the County’s prevailing wage requirements are enumerated within this solicitation/contract in the “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor.” If applicable to this contract, the Addendum will be attached to the contract, and will be incorporated herein by reference, and made a part thereof. Furthermore, certain non-profit and governmental entities may purchase supplies and services, similar in scope of work and compensation amounts provided for in a County contract, using their own contract and procurement laws and regulations, pursuant to the Md. State Finance and Procurement Article, Section 13-101, et. seq. Contractor and all of its subcontractors must comply with the provisions of County Code §11B-35A and must not retaliate against a covered employee who discloses an illegal or improper action described in §11B-35A. Furthermore, an aggrieved covered employee under §11B-35A is a third-party beneficiary under this Contract, who may by civil action recover compensatory damages including interest and reasonable attorney’s fees, against the contractor or one of its subcontractors for retaliation in violation of that Section.

The contractor agrees to comply with the requirements of the Displaced Service Workers Protection Act, which appears in County Code, Chapter 27, Human Rights and Civil Liberties, Article X, Displaced Service Workers Protection Act, §§ 27-64 through 27-66. Montgomery County’s Earned Sick and Safe Leave Law, found at Sections 27-76 through 27-82 of the County Code, became effective October 1, 2016. An employer doing business in the County, as defined under the statute, must comply with this law. This includes an employer vendor awarded a County contract. A vendor may obtain information regarding this law at http://www.montgomerycountymd.gov/humanrights/ 4. ASSIGNMENTS AND SUBCONTRACTS The contractor must not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Director, Office of Procurement. Unless performance is separately and expressly waived in writing by the Director, Office of Procurement, an assignment does not release the contractor from responsibility for performance of this contract. Unless otherwise provided in the contract, the contractor may not contract with any other party for furnishing any of the materials or services herein contracted for without the written approval of the Director, Office of Procurement. Any subcontract for any work hereunder must comport with the terms of this Contract and County law, and must include any other terms and conditions that the County deems necessary to protect its interests. The contractor must not employ any subcontractor that is a debarred or suspended person under County Code §11B-37. The contractor is fully responsible to the County for the acts and omissions of itself, its subcontractors and any persons either directly or indirectly employed by them. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the County, and nothing in the contract documents is intended to make any subcontractor a beneficiary of the contract between the County and the contractor. 5. CHANGES The Director, Office of Procurement, may unilaterally change the work, materials and services to be performed. The change must be in writing and within the general scope of the contract. The contract will be modified to reflect any time or money adjustment the contractor is entitled to receive. Contractor must bring to the Contract Administrator, in writing, any claim about an adjustment in time or money resulting from a change, within 30 days from the date the Director, Office of Procurement, issued the change in work, or the claim is waived. Any failure to agree upon a time or money adjustment must be resolved under the "Disputes" clause of this contract. The contractor must proceed with the prosecution of the work as changed, even if there is an unresolved claim. No charge for any extra work, time or material will be allowed, except as provided in this section. 6. CONTRACT ADMINISTRATION A. The contract administrator, subject to paragraph B below, is the

Department representative designated by the Director, Office of Procurement, in writing and is authorized to: (1) serve as liaison between the County and the contractor; (2) give direction to the contractor to ensure satisfactory and

complete performance; (3) monitor and inspect the contractor's performance to ensure

acceptable timeliness and quality; (4) serve as records custodian for this contract, including wage

and prevailing wage requirements; (5) accept or reject the contractor's performance; (6) furnish timely written notice of the contractor's performance

failures to the Director, Office of Procurement, and to the County Attorney, as appropriate;

(7) prepare required reports; (8) approve or reject invoices for payment;

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(9) recommend contract modifications or terminations to theDirector, Office of Procurement;

(10) issue notices to proceed; and(11) monitor and verify compliance with any MFD Performance

Plan.B. The contract administrator is NOT authorized to make

determinations (as opposed to recommendations) that alter,modify, terminate or cancel the contract, interpret ambiguities incontract language, or waive the County's contractual rights.

7. COST & PRICING DATAChapter 11B of the County Code and the Montgomery CountyProcurement Regulations require that cost & pricing data be obtainedfrom proposed awardees/contractors in certain situations. Thecontractor guarantees that any cost & pricing data provided to theCounty will be accurate and complete. The contractor grants theDirector, Office of Procurement, access to all books, records,documents, and other supporting data in order to permit adequateevaluation of the contractor's proposed price(s). The contractor alsoagrees that the price to the County, including profit or fee, may, at theoption of the County, be reduced to the extent that the price was basedon inaccurate, incomplete, or noncurrent data supplied by thecontractor.

8. DISPUTESAny dispute arising under this contract that is not disposed of byagreement must be decided under the Montgomery County Code andthe Montgomery County Procurement Regulations. Pending finalresolution of a dispute, the Contractor must proceed diligently withcontract performance. Subject to subsequent revocation or alterationby the Director, Office of Procurement, the head of the Countydepartment, office or agency ("Department Head") of the contractadministrator is the designee of the Director, Office of Procurement, forthe purpose of dispute resolution. The Department Head, or his/herdesignee, must forward to the Director, Office of Procurement, a copyof any written resolution of a dispute. The Department Head maydelegate this responsibility to another person (other than the contractadministrator). A contractor must notify the contract administrator of aclaim in writing, and must attempt to resolve a claim with the contractadministrator prior to filing a dispute with the Director, Office ofProcurement or designee. The contractor waives any dispute or claimnot made in writing and received by the Director, Office ofProcurement, within 30 days of the event giving rise to the dispute orclaim, whether or not the contract administrator has responded to awritten notice of claim or resolved the claim. The Director, Office ofProcurement, must dismiss a dispute that is not timely filed. A disputemust be in writing, for specific relief, and any requested relief must befully supported by affidavit of all relevant calculations, including costand pricing information, records, and other information. At theCounty's option, the contractor agrees to be made a party to anyrelated dispute involving another contractor.

9. DOCUMENTS, MATERIALS, AND DATAAll documents materials or data developed as a result of this contractare the County's property. The County has the right to use andreproduce any documents, materials, and data, including confidentialinformation, used in the performance of, or developed as a result of,this contract. The County may use this information for its ownpurposes, including reporting to state and federal agencies. Thecontractor warrants that it has title to or right of use of all documents,materials or data used or developed in connection with this contract.The contractor must keep confidential all documents, materials, anddata prepared or developed by the contractor or supplied by theCounty.

10. DURATION OF OBLIGATIONThe contractor agrees that all of contractor's obligations andwarranties, including all requirements imposed by the Minority OwnedBusiness Addendum to these General Conditions, if any, which directlyor indirectly are intended by their nature or by implication to survivecontractor performance, do survive the completion of performance,termination for default, termination for convenience, or termination bymutual consent of the contract.

11. ENTIRE AGREEMENTThere are no promises, terms, conditions, or obligations other thanthose contained in this contract. This contract supersedes allcommunications, representations, or agreements, either verbal orwritten, between the parties hereto, with the exception of expresswarranties given to induce the County to enter into the contract.

12. ETHICS REQUIREMENTS/POLITICAL CONTRIBUTIONSThe contractor must comply with the ethics provisions contained inChapters 11B and 19A, Montgomery County Code, which include thefollowing:

(a) a prohibition against making or offering to make certain gifts.Section 11B-51(a).

(b) a prohibition against kickbacks. Section 11B-51(b).(c) a prohibition against a person engaged in a procurement from

employing or offering to employ a public employee. Section11B-52 (a).

(d) a prohibition against a contractor that is providing arecommendation to the County from assisting another party orseeking to obtain an economic benefit beyond payment underthe contract. Section 11B-52 (b).

(e) a restriction on the use of confidential information obtained inperforming a contract. Section 11B-52 (c).

(f) a prohibition against contingent fees. Section 11B-53.Furthermore, the contractor specifically agrees to comply with Sections 11B-51, 11B-52, 11B-53, 19A-12, and/or 19A-13 of the Montgomery County Code. In addition, the contractor must comply with the political contribution reporting requirements currently codified under the Election Law at Md. Code Ann., Title 14.

13. GUARANTEEA. Contractor guarantees for one year from acceptance, or for a

longer period that is otherwise expressly stated in the County’swritten solicitation, all goods, services, and constructionoffered, including those used in the course of providing thegoods, services, and/or construction. This includes aguarantee that all products offered (or used in the installation ofthose products) carry a guarantee against any and all defectsfor a minimum period of one year from acceptance, or for alonger period stated in the County’s written solicitation. Thecontractor must correct any and all defects in material and/orworkmanship that may appear during the guarantee period, orany defects that occur within one (1) year of acceptance even ifdiscovered more than one (1) year after acceptance, byrepairing, (or replacing with new items or new materials, ifnecessary) any such defect at no cost to the County and to theCounty’s satisfaction.

B. Should a manufacturer's or service provider’s warranty orguarantee exceed the requirements stated above, thatguarantee or warranty will be the primary one used in the caseof defect. Copies of manufacturer's or service provider’swarranties must be provided upon request.

C. All warranties and guarantees must be in effect from the dateof acceptance by the County of the goods, services, orconstruction.

D. The contractor guarantees that all work shall be accomplishedin a workmanlike manner, and the contractor must observe andcomply with all Federal, State, County and local laws,ordinances and regulations in providing the goods, andperforming the services or construction.

E. Goods and materials provided under this contract must be offirst quality, latest model and of current manufacture, and mustnot be of such age or so deteriorated as to impair theirusefulness or safety. Items that are used, rebuilt, ordemonstrator models are unacceptable, unless specificallyrequested by the County in the Specifications.

RFP #1110880

PMMD-45. REVISED 3/1/2018 45 THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY

14. HAZARDOUS AND TOXIC SUBSTANCESManufacturers and distributors are required by federal "HazardCommunication” provisions (29 CFR 1910.1200), and the Maryland"Access to Information About Hazardous and Toxic Substances" Law,to label each hazardous material or chemical container, and to provideMaterial Safety Data Sheets to the purchaser. The contractor mustcomply with these laws and must provide the County with copies of allrelevant documents, including Material Safety Data Sheets, prior toperformance of work or contemporaneous with delivery of goods.

15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITYACT (HIPAA) COMPLIANCEIn addition to the provisions stated above in Section 3. “ApplicableLaws,” contractor must comply with all requirements in the federalHealth Insurance Portability and Accountability Act (HIPAA), to theextent that HIPAA is applicable to this contract. Furthermore,contractor must enter into the County’s standard Business AssociateAgreement or Qualified Service Organization Agreement whencontractor or the County, as part of this contract, may use or discloseto one another, to the individual whose health information is at issue,or to a third-party, any protected health information that is obtainedfrom, provided to, made available to, or created by, or for, thecontractor or the County.

16. IMMIGRATION REFORM AND CONTROL ACTThe contractor warrants that both the contractor and its subcontractorsdo not, and shall not, hire, recruit or refer for a fee, for employmentunder this contract or any subcontract, an alien while knowing the alienis an unauthorized alien, or any individual without complying with therequirements of the federal Immigration and Nationality laws, includingany verification and record keeping requirements. The contractorfurther assures the County that, in accordance with those laws, it doesnot, and will not, discriminate against an individual with respect tohiring, recruitment, or referral for a fee, of an individual for employmentor the discharge of an individual from employment, because of theindividual's national origin or, in the case of a citizen or prospectivecitizen, because of the individual's citizenship status.

17. INCONSISTENT PROVISIONSNotwithstanding any provisions to the contrary in any contract terms orconditions supplied by the contractor, this General Conditions ofContract document supersedes the contractor's terms and conditions,in the event of any inconsistency.

18. INDEMNIFICATIONThe contractor is responsible for any loss, personal injury, death andany other damage (including incidental and consequential) that may bedone or suffered by reason of the contractor's negligence or failure toperform any contractual obligations. The contractor must indemnifyand save the County harmless from any loss, cost, damage and otherexpenses, including attorney's fees and litigation expenses, suffered orincurred due to the contractor's negligence or failure to perform any ofits contractual obligations. If requested by the County, the contractormust defend the County in any action or suit brought against theCounty arising out of the contractor's negligence, errors, acts oromissions under this contract. The negligence of any agent,subcontractor or employee of the contractor is deemed to be thenegligence of the contractor. For the purposes of this paragraph,County includes its boards, agencies, agents, officials and employees.

19. INDEPENDENT CONTRACTORThe contractor is an independent contractor. The contractor and thecontractor's employees or agents are not agents of the County.

20. INSPECTIONSThe County has the right to monitor, inspect and evaluate or test allsupplies, goods, services, or construction called for by the contract atall reasonable places (including the contractor's place of business) andtimes (including the period of preparation or manufacture).

21. INSURANCEPrior to contract execution by the County, the proposedawardee/contractor must obtain at its own cost and expense the

minimum insurance specified in the applicable table (See Tables A and B) or attachment to these General Conditions, with one or moreinsurance company(s) licensed or qualified to do business in the Stateof Maryland and acceptable to the County’s Division of RiskManagement. The minimum limits of coverage listed shall not beconstrued as the maximum as required by contract or as a limitation ofany potential liability on the part of the proposed awardee/contractor tothe County, nor shall failure by the County to request evidence of thisinsurance in any way be construed as a waiver of proposedawardee/contractor’s obligation to provide the insurance coveragespecified. Contractor must keep this insurance in full force and effectduring the term of this contract, including all extensions. Unlessexpressly provided otherwise, Table A is applicable to this contract.The insurance must be evidenced by one or more Certificate(s) ofInsurance and, if requested by the County, the proposedawardee/contractor must provide a copy of any and all insurancepolicies to the County. At a minimum, the proposedawardee/contractor must submit to the Director, Office of Procurement,one or more Certificate(s) of Insurance prior to award of this contract,and prior to any contract modification extending the term of thecontract, as evidence of compliance with this provision. Thecontractor’s insurance must be primary. Montgomery County, MD,including its officials, employees, agents, boards, and agencies, mustbe named as an additional insured on all liability policies. Contractormust provide to the County at least 30 days written notice of acancellation of, or a material change to, an insurance policy. In noevent may the insurance coverage be less than that shown on theapplicable table, attachment, or contract provision for requiredinsurance. After consultation with the Department of Finance, Divisionof Risk Management, the Director, Office of Procurement, may waivethe requirements of this section, in whole or in part.

Please disregard TABLE A. and TABLE B., if they are replaced by the insurance requirements as stated in an attachment to these General Conditions of Contract between County and Contractor.

TABLE A. - INSURANCE REQUIREMENTS (See Paragraph #21 under the General Conditions of Contract

between County and Contractor)

CONTRACT DOLLAR VALUES (IN $1,000’s) Over

Up to 50 Up to 100 Up to 1,000 1,000

Workers Compensation (for contractors with employees) Bodily Injury by

Accident (each) 100 100 100 See Disease (policy limits) 500 500 500 Attach. Disease (each employee) 100 100 100

Commercial General Liability 300 500 1,000 See for bodily injury and property Attach. damage per occurrence, including contractual liability, premises and operations, and independent contractors

Minimum Automobile Liability (including owned, hired and non- owned automobiles) Bodily Injury

each person 100 250 500 See each occurrence 300 500 1,000 Attach. Property Damage

each occurrence 300 300 300

Professional Liability* 250 500 1,000 See for errors, omissions Attach.

and negligent acts, per claim and aggregate, with one year discovery period and

RFP #1110880

PMMD-45. REVISED 3/1/2018 46 THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY

maximum deductible of $25,000

Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166

*Professional services contracts only

TABLE B. - INSURANCE REQUIREMENTS (See Paragraph #21 under the General Conditions of Contract

between County and Contractor) Over

Up to 50 Up to 100 Up to 1,000 1,000

Commercial General 300 500 1,000 See Liability minimum Attach. combined single limit for bodily injury and property damage per occurrence, including contractual liability, premises and operations, independent contractors, and product liability

Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166

22. INTELLECTUAL PROPERTY APPROVAL ANDINDEMNIFICATION - INFRINGEMENTIf contractor will be preparing, displaying, publicly performing,reproducing, or otherwise using, in any manner or form, anyinformation, document, or material that is subject to a copyright,trademark, patent, or other property or privacy right, then contractormust: obtain all necessary licenses, authorizations, and approvalsrelated to its use; include the County in any approval, authorization, orlicense related to its use; and indemnify and hold harmless the Countyrelated to contractor’s alleged infringing or otherwise improper orunauthorized use. Accordingly, the contractor must protect, indemnify,and hold harmless the County from and against all liabilities, actions,damages, claims, demands, judgments, losses, costs, expenses, suits,or actions, and attorneys’ fees and the costs of the defense of theCounty, in any suit, including appeals, based upon or arising out of anyallegation of infringement, violation, unauthorized use, or conversion ofany patent, copyright, trademark or trade name, license, proprietaryright, or other related property or privacy interest in connection with, oras a result of, this contract or the performance by the contractor of anyof its activities or obligations under this contract.

23. INFORMATION SECURITYA. Protection of Personal Information by Government Agencies:In any contract under which Contractor is to perform services and theCounty may disclose to Contractor personal information about anindividual, as defined by State law, Contractor must implement andmaintain reasonable security procedures and practices that: (a) areappropriate to the nature of the personal information disclosed to theContractor; and (b) are reasonably designed to help protect thepersonal information from unauthorized access, use, modification,disclosure, or destruction. Contractor’s requirement to implement andmaintain reasonable security practices and procedures must includerequiring any third-party to whom it discloses personal information thatwas originally disclosed to Contractor by the County to also implementand maintain reasonable security practices and procedures related toprotecting the personal information. Contractor must notify the Countyof a breach of the security of a system if the unauthorized acquisitionof an individual’s personal information has occurred or is reasonablylikely to occur, and also must share with the County all information

related to the breach. Contractor must provide the above notification to the County as soon as reasonably practicable after Contractor discovers or is notified of the breach of the security of a system. Md. Code Ann., State Gov’t. § 10-1301 through 10-1308 (2013).

B. Payment Card Industry Compliance:In any contract where the Contractor provides a system or service thatinvolves processing credit card payments (a “Payment Solution”), thePayment Solution must be Payment Card Industry Data SecurityStandard Compliant (“PCI-DSS Compliant”), as determined andverified by the Department of Finance, and must (1) process creditcard payments through the use of a Merchant ID (“MID”) obtained bythe County’s Department of Finance by and in the name of the Countyas merchant of record, or (2) use a MID obtained by and in the nameof the Contractor as merchant of record.

24. NON-CONVICTION OF BRIBERYThe contractor hereby declares and affirms that, to its best knowledge,none of its officers, directors, or partners or employees directlyinvolved in obtaining contracts has been convicted of bribery,attempted bribery, or conspiracy to bribe under any federal, state, orlocal law.

25. NON-DISCRIMINATION IN EMPLOYMENTThe contractor agrees to comply with the non-discrimination inemployment policies and/ or provisions prohibiting unlawfulemployment practices in County contracts as required by Section 11B33 and Section 27 19 of the Montgomery County Code, as well as allother applicable state and federal laws and regulations regardingemployment discrimination.

The contractor assures the County that, in accordance with applicable law, it does not, and agrees that it will not, discriminate in any manner on the basis of race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, or sexual orientation.

The contractor must bind its subcontractors to the provisions of this section.

26. PAYMENT AUTHORITYNo payment by the County may be made, or is due, under thiscontract, unless funds for the payment have been appropriated andencumbered by the County. Under no circumstances will the Countypay the contractor for legal fees. The contractor must not proceed toperform any work (provide goods, services, or construction) prior toreceiving written confirmation that the County has appropriated andencumbered funds for that work. If the contractor fails to obtain thisverification from the Office of Procurement prior to performing work,the County has no obligation to pay the contractor for the work.

If this contract provides for an additional contract term for contractor performance beyond its initial term, continuation of contractor’s performance under this contract beyond the initial term is contingent upon, and subject to, the appropriation of funds and encumbrance of those appropriated funds for payments under this contract. If funds are not appropriated and encumbered to support continued contractor performance in a subsequent fiscal period, contractor’s performance must end without further notice from, or cost to, the County. The contractor acknowledges that the County Executive has no obligation to recommend, and the County Council has no obligation to appropriate, funds for this contract in subsequent fiscal years. Furthermore, the County has no obligation to encumber funds to this contract in subsequent fiscal years, even if appropriated funds may be available. Accordingly, for each subsequent contract term, the contractor must not undertake any performance under this contract until the contractor receives a purchase order or contract amendment from the County that authorizes the contractor to perform work for the next contract term.

27. P-CARD OR SUA PAYMENT METHODSThe County is expressly permitted to pay the vendor for any or allgoods, services, or construction under the contract through either aprocurement card (“p-card”) or a Single Use Account(“SUA”) method of

RFP #1110880

PMMD-45. REVISED 3/1/2018 47 THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY

payment, if the contractor accepts the noted payment method from any other person. In that event, the County reserves the right to pay any or all amounts due under the contract by using either a p-card (except when a purchase order is required) or a SUA method of payment, and the contractor must accept the County’s p-card or a SUA method of payment, as applicable. Under this paragraph, contractor is prohibited from charging or requiring the County to pay any fee, charge, price, or other obligation for any reason related to or associated with the County’s use of either a p-card or a SUA method of payment.

28. PERSONAL PROPERTYAll furniture, office equipment, equipment, vehicles, and other similartypes of personal property specified in the contract, and purchasedwith funds provided under the contract, become the property of theCounty upon the end of the contract term, or upon termination orexpiration of this contract, unless expressly stated otherwise.

29. TERMINATION FOR DEFAULTThe Director, Office of Procurement, may terminate the contract inwhole or in part, and from time to time, whenever the Director, Office ofProcurement, determines that the contractor is:(a) defaulting in performance or is not complying with any provision ofthis contract;(b) failing to make satisfactory progress in the prosecution of thecontract; or(c) endangering the performance of this contract.The Director, Office of Procurement, will provide the contractor with awritten notice to cure the default. The termination for default iseffective on the date specified in the County’s written notice. However,if the County determines that default contributes to the curtailment ofan essential service or poses an immediate threat to life, health, orproperty, the County may terminate the contract immediately uponissuing oral or written notice to the contractor without any prior noticeor opportunity to cure. In addition to any other remedies provided bylaw or the contract, the contractor must compensate the County foradditional costs that foreseeably would be incurred by the County,

whether the costs are actually incurred or not, to obtain substitute performance. A termination for default is a termination for convenience if the termination for default is later found to be without justification.

30. TERMINATION FOR CONVENIENCEThis contract may be terminated by the County, in whole or in part,upon written notice to the contractor, when the County determines thisto be in its best interest. The termination for convenience is effectiveon the date specified in the County’s written notice. Termination forconvenience may entitle the contractor to payment for reasonablecosts allocable to the contract for work or costs incurred by thecontractor up to the date of termination. The contractor must not bepaid compensation as a result of a termination for convenience thatexceeds the amount encumbered to pay for work to be performedunder the contract.

31. TIMETime is of the essence.

32. WORK UNDER THE CONTRACTContractor must not commence work under this contract until allconditions for commencement are met, including execution of thecontract by both parties, compliance with insurance requirements,encumbrance of funds, and issuance of any required notice toproceed.

33. WORKPLACE SAFETYThe contractor must ensure adequate health and safety training and/or

certification, and must comply with applicable federal, state and local Occupational Safety and Health laws and regulations.

PMMD-45. REVISED 3/1/2018

THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY.

RFP #1110880

Revised 03/18 A1

ATTACHMENT A

REFERENCES (submit at least three)

You are requested to provide references to the County with your proposal. The three (3) references must be from individuals or firms for whom work of a similar scope has been performed within the last three years. Names for references shall be of individuals who directly supervised or had direct knowledge of the services or goods provided. NAME OF FIRM:

ADDRESS:

CITY: STATE: ZIP: CONTACT PERSON: PHONE:

EMAIL: CELL PH

NAME OF FIRM:

ADDRESS:

CITY: STATE: ZIP: CONTACT PERSON: PHONE:

EMAIL: CELL PH

NAME OF FIRM:

ADDRESS:

CITY: STATE: ZIP: CONTACT PERSON: PHONE:

EMAIL: CELL PH

RFP #1110880

PMMD-88 Rev. 01/08 B1

ATTACHMENT B

COST AND PRICE REQUIREMENTS

By submitting your proposal, offeror, if selected for negotiation, grants the Contracting Officer or an authorized representative the right to examine those books, records, documents and any other supporting data that will permit adequate evaluation of the proposed price. This right may be exercised at any time prior to award of a contract. The Montgomery County Government may utilize an independent contractor for cost and price analysis or to examine your books and records.

The Cost/price for any resultant contract will be negotiated on the basis of the successful offeror’s normal estimating and/or accounting system or the system set forth in Cost Accounting Standards Board Disclosure Statement as required by Public Law 100-679.

Prior to contract execution, the proposed awardee may be required to provide the following information;

A. Latest and previous year’s financial statement or profit and loss statement.B. Burdened rate verification detailing the composition and value of the elements of Fringe

Benefits, Overhead, General and Administrative Overhead, Profit or Fee.C. Offeror’s Certification of Cost and Price information (the form on which to enter this information

can be downloaded at (www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD-92.pdf).

RFP #1110880

ATTACHMENT C

MANDATORY INSURANCE REQUIREMENTS

LSBRP Consulting and Technical Services 3 (LCATS 3)

Prior to the execution of the contract by the County, the proposed awardee/contractor and their contractors (if requested by County) must obtain, at their own cost and expense, the following minimum (not maximum) insurance coverage with an insurance company/companies licensed to conduct business in the State of Maryland and acceptable to the Division of Risk Management. This insurance must be kept in full force and effect during the term of this contract, including all extensions. The insurance must be evidenced by a certificate of insurance, and if requested by the County, the proposed awardee/contractor shall provide a copy of the insurance policies and additional insured endorsements. The minimum limits of coverage listed below shall not be construed as the maximum as required by contract or as a limitation of any potential liability on the part of the proposed awardee/contractor to the County nor shall failure to request evidence of this insurance in any way be construed as a waiver of proposed awardee / contractor’s obligation to provide the insurance coverage specified. The Contractor's insurance shall be primary. Coverage pursuant to this Section shall not include any provision that would bar, restrict, or preclude coverage for claims by Montgomery County against Contractor, including but not limited to “cross-liability” or “insured vs insured” exclusion provisions.

Commercial General Liability A minimum limit of liability of two million dollars ($2,000,000), combined single limit, for bodily injury and property damage coverage per occurrence including the following coverages:

Contractual Liability Premises and Operations Independent Contractors Products and Completed Operations

Professional Liability The policy shall cover professional errors and omissions, negligent acts, misconduct or lack of ordinary skill during the period of contractual relationship and services rendered with the County with a limit of liability of at least:

Each Claim $1,000,000 Aggregate $2,000,000

In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed.

Fidelity Bond A faithful performance bond or an honesty bond, covering all employees performing within the scope of duties described in the Request for Proposal and Proposal, in the amount of five hundred thousand dollars ($500,000). Bond shall cover loss due to dishonest acts of employees and/or failure to faithfully perform duties. Bond must not carry any deductible. Employee theft coverage evidenced under another policy will be accepted in lieu of this bond requirement.

Workers’ Compensation/Employer's Liability Meeting all statutory requirements of the State of Maryland Law and with the following minimum Employers’ Liability limits:

C1

RFP #1110880

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limits Bodily Injury by Disease - $100,000 each employee J:\INSURANCE SECTION\REQUIR_LTR\TechnologyServices\IT ProfessionalServices LCATS1110880.doc MANDATORY INSURANCE REQUIREMENTS – RFP#1110880 - (continued) IT Professional Services - Consulting and Technical Services Provided Through Task Orders Additional Insured Montgomery County, Maryland, its elected and appointed officials, officers, consultants, agents and employees, must be included as an additional insured on an endorsement to Contractor’s commercial general and contractor’s excess/umbrella insurance policies if used to satisfy the Contractor’s minimum insurance requirements under this contract, for liability arising out of contractor’s products, goods and services provided under this contract. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability of the contractor. Policy Cancellation Should any of the above policies be cancelled before the expiration date thereof, written notice must be delivered to the County in accordance with the policy provisions. Certificate Holder Montgomery County, Maryland Department of Technology / Nola Song 101 Monroe Street, 13th Floor Rockville, MD 20850 J:\INSURANCE SECTION\REQUIR_LTR\TechnologyServices\IT ProfessionalServices LCATS1110880.doc

RFP #1110880

LSBRP Consulting and Technical Services 3 (LCATS 3) RFP #1110880

Attachment D County Information Security Requirements

Attachment D-1 AP6-7 Information Resources Security

Attachment D-2 AP6-1 Use of County-Provided Internet, Intranet, and Electronic Mail Services

Attachment D-3 Computer Security Guidelines (March 2009)

D

· Marc Eirich

County Executive

OFFICE OF THE COUNTY EXECUTIVE

MEMORANDUM

March 5, 2019 TO: Executive Branch Department and Office Directors, MLS and Public Safety 'Managers Administrative Services Coordinators and Functional Equivalents

Andrew W. Kleine

Chief Administrative Officer

FROM: �ariba Kassiri, Assistant Chief Administrative Officer SUBJECT: Administrative Procedure 6-7, Information Security

The attached Administrative Procedure (AP) 6-7 is being issued as interim policy and is effective immediately to all County departments, offices, employees, volunteers, contractors and business partners. It replaces the current AP 6-7 which was originally issued in 2005 and last updated in 2009 to establish. the policies and procedures for compliance with Information Security policy in the use of the County's computing assets and infrastructures. The Chief Administrative Officer (CAO) has determined that the issuance of this revised AP6-7 is necessary because the County's technology investment has grown significantly since the last policy update and the information security threat landscape has extended, and continues to extend, beyond the dimensions of computing investments and practices covered by the current policy. While the County continues to invest in technical security controls, experience shows that we, individually and collectively, as the users of technology are key to the success of the County's efforts to protect information in the County's possession including the information pertaining to the workforce, constituents, business partners, and volunteers, and to comply with the law, including laws recently passed or updated by the State and Federal governments. This interim AP 6-7 incorporates the recommendations of the CAO's Information Technology Policy Advisory Committee (IP AC) and uses a concise three-part format that is easy to reference, understand and implement by non-technical and technical audiences: AP 6-7 (3 pages); the Rules of Behavior Handbook (2 pages) and the System and Data Owners' Handbook (32 pages). This interim AP 6-7 will remain in force until the Office of Management and Budget (0MB) formally processes the AP 6-7 and makes its recommendations to the CAO. In the meantime, please forward any comments to Monika Coble in 0MB by May 1, 2019 .. Upon conclusion of the formal AP process, 0MB will issue the final AP under the CAO' s signature and publish it along with other with other Administrative Procedures at: https://omb.mcgov.org/administrative-procedures.

101 Monroe Street• Rockville, Maryland20850 • 240-777-2500 • 240-777-2518 FAX www.montgomerycountymd.g ov

�311·montgomerycountymd.gov/311 ■1HIIIIIWIIH:• Maryland Relay 711

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D2

Computer Security Guideline

Department of Technology Services

Revision Information

Effective Date: ___03_/_23_/_2009__

Last Revised Date: __03__/__23 /_2009__

Change History:

Changer/Author Description/What Changed

Joan Cole New policy statements to include Encryption for laptop hard drives, flash drives and portable external hard drives. Password requirement for Blackberry and other PDA devices.

D3

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Table of Contents

1. SCOPE ............................................................................................................................................... 1

2. OVERVIEW ...................................................................................................................................... 1

3. RESPONSIBILITIES......................................................................................................................... 3

4. PHYSICAL SECURITY.................................................................................................................... 4 4.1 Guideline..................................................................................................................................... 4 4.2 Environmental Requirements and Recommendations ................................................................ 4 4.3 Access to Work Areas ................................................................................................................. 4 4.4 Removal of Equipment ............................................................................................................... 5 4.5 Personnel Security....................................................................................................................... 5 4.6 Disaster Recovery ....................................................................................................................... 6 4.7 Emergency Shutdown ................................................................................................................. 6

5. DATA SECURITY ............................................................................................................................ 7 5.1 Guideline..................................................................................................................................... 7 5.2 Password and User-id Information.............................................................................................. 7 5.3 PDAs/Blackberry Password .8

5.4 Protection of Sensitive Information ............................................................................................ 8 5.5 Data Backup................................................................................................................................ 8 5.6 Virus Control............................................................................................................................... 9 5.7 Software Security Upgrades........................................................................................................ 9

6. SECURING PORTABLE DATA6.1 Guideline ..10

6.2 Laptop Hard Drive Encryption ..10 6.3 USB Flash Drive Encryption .11 6.4 Portable/External Hard Drive Encryption ..11

7. NETWORK SECURITY ................................................................................................................. 10 7.1 Guideline................................................................................................................................... 10 7.2 Remote Dial-in Access to County Computer Resources............................................................ 10 7.3 Access from Remote Networks to County Computer Systems................................................. 10

7.4 Contractor Remote Access ........................................................................................................ 10 7.5 Extended Networks ................................................................................................................... 11 7.6 Vulnerability Assessment and Remediation ............................................................................. 13 7.7 802.11 Wireless Access ............................................................................................................ 13

8. CONDUCT AND USE .................................................................................................................... 15 8.1 Guideline................................................................................................................................... 15 8.2 Use of County Computer Resources ......................................................................................... 15 8.3 Adherence to Software Copyrights ........................................................................................... 15 8.4 Security Measures ..................................................................................................................... 15

9. EXCEPTIONS ................................................................................................................................. 15 9.1 Guideline................................................................................................................................... 15

10. POLICY UPDATES ...................................................................................................................... 15 10.1 Guideline.................................................................................................................................. 15

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1. SCOPE

The scope of this Computer Security Guideline includes all County owned or controlled computers (PCs, laptops, PDA s, wireless devices, servers, mini-computers, mainframe computers), all County owned or leased buildings, all data stored on those devices, all printouts, disks, tapes, or other media produced by those devices and all licensed software used on those devices. In addition, this Computer Security Guideline includes communications links to contractors and business partners and extensions of the County s computer network.

This Computer Security Guideline applies to all County employees, contractors, volunteers and persons legitimately affiliated with the County government for the efficient exchange of information and the completion of assigned responsibilities.

2. OVERVIEW

This Computer Security Guideline reflects accepted security controls taken from respected security and audit publications and adapted to Montgomery County s technical environment. These data security guidelines and standards have been developed to protect Montgomery County Government's electronic data assets from theft, destruction, and unauthorized use, modification, or disclosure. The loss of these assets could be very costly and disruptive to the County government. In today s computing environment, security controls are a necessity. The citizens of this County expect us to do what is prudent to protect the computing assets purchased with their tax dollars. Data is one of the most valuable assets of the County government. End-user computing dramatically increases the exposure for theft, corruption, loss, and misuse of County information resources since a larger number of people have access to data and data security controls. A significant percentage of direct access storage device capacity is installed outside the Computer Center. Security is an issue that cuts across all computing and organizational tiers. The implementation of security policies and procedures requires cooperation among users, managers, information systems personnel, security, audit personnel and most importantly, support from top management.

Access to the entire County's computing and communication resources is to be controlled based on the needs of the County and used for official County business only. Connection and access to computing resources is controlled through unique user identification (user-ids) and authentication (passwords). Each individual granted this privilege is responsible and accountable for work done under their unique identifier.

Computer users will be given access to a copy of the latest version of the Computer Security Administrative Procedure, this guideline, and the Internet, Intranet, & Electronic Mail Administrative Procedure. Individuals must adhere to the policies and are responsible for having the latest version of the Administrative Procedure. Refer to the Internet, Intranet, & Electronic Mail Administrative Procedure for additional information related to use of the Internet.

3. RESPONSIBILITIES

All Montgomery County Government computing and communication hardware, software, and data are considered to be owned by the Montgomery County Government.

The Department of Technology Services (DTS), in accordance with Montgomery County code section 2-58D, is responsible for protecting the integrity of the telecommunications network backbone, for operation and maintenance and security administration of the enterprise servers, mainframe and for maintaining the Computer Security Administrative Procedure and these guidelines. DTS is responsible for insuring that computer connections between County departments and with other government agencies are accomplished securely and as authorized.

Management in each department is responsible for ensuring that these computer security guidelines are enforced on the computing resources in their department. These security guidelines will be enforced for employees as well as for contractors and volunteers. Department management is responsible for providing pertinent information and notifying the DTS Security Team if a serious security breach occurs such as an intrusion, theft, or damage of computing resources. The operation, maintenance and security of de-centralized computing resources is the responsibility of department management in accordance with these guidelines.

The Local Area Network (LAN) administrator or decentralized IT staff is responsible for implementing the computer security guidelines described in this document on the servers in their department. LAN administrators will contact DTS network management for allocation of IP addresses.

As a user of data or computing resources or a custodian of those assets, everyone is responsible for data security.

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4. PHYSICAL SECURITY

4.1 Guideline

Physical access to servers, individual PCs, and minicomputers will be protected from unauthorized persons. Personnel will not be put at risk of bodily harm.

4.2 Environmental Requirements and Recommendations:

A safe environment must be provided. Fire detection and suppression, and power and air conditioning are examples of the computer environmental protection and safety systems that must be provided.

Areas with critical computer equipment must be equipped with fire and smoke alarms, and fire extinguishers. Critical equipment should be stored in a location that minimizes or prevents water damage due to leaking or flooding. Tall and top-heavy items must be stored in a manner anchored at to prevent damage or physical tipping. Items on wheels must have locking mechanisms to prevent rolling.

All equipment is to be maintained in a clean environment that meets or exceeds the manufacturer specifications related to temperature and humidity. Equipment areas should be kept free of obstructions. The cleanliness, environmental protection and safety systems are to be regularly monitored, and periodic inspections by qualified personnel should be scheduled. Electrical protection must be provided. Computer systems should have uninterruptible power supplies (UPS) and/or surge suppressors. All electrical wiring must meet state and local building codes. Preventive maintenance on computer and communications must be regularly scheduled. Preventive maintenance as defined by the manufacturer will help ensure that the risk of failure is minimized.

All new computer or communications centers must be located in an area unlikely to experience natural disasters, serious or man-made accidents, and related problems. New and remodeled facilities must be constructed to protect against fire, water damage, vandalism, and other threats that may occur. The location of multi-computer or communications facilities should be selected to minimize risk of damage. Locating such facilities above the ground floor will minimize the chances of water damage and theft. Kitchen facilities also must be located away from, but not directly above or below computer facilities. Due to potential water damage, restroom facilities should not be located directly above these facilities. Computer facilities should not be located adjacent to an exterior wall to protect the systems from unauthorized electromagnetic eavesdropping and damage from bombs.

DTS can provide the needed facilities more economically than creating a new computer center. If a new computer center needs to be created, contact the manager of the DTS computer center for requirements assistance. Local laws and ordinances must be considered when designing these locations.

4.3 Access to Work Areas:

Access to all buildings, computer labs, offices, and work areas containing computer-related equipment must be physically restricted and controlled. Access to servers and wiring closets must be restricted. Only authorized personnel will have access to wire closet/server areas. Authorized persons may include:

DTS staff Outside contractors hired to work in these areas Building services and office staff at locations trained to reset equipment Fire and/or rescue personnel

Access to computer equipment must be supervised. Access to offices, computer rooms, and work areas containing sensitive information must be physically restricted. Managers responsible for employees working in these locations must determine the appropriate access controls. All multi-user computer and communications equipment such as fileservers, labs, and wiring closets must be located in locked rooms to prevent unauthorized usage.

Access to Server Centers or Network Operations Centers (NOCs) is restricted. Only employees whose job responsibilities require access to the client server center will be granted access. The supervisor of a server center or NOC is responsible for authorizing entrance and maintaining a list of those authorized to enter the facility.

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Access to magnetic tape, disk, and documentation libraries must be restricted to employees whose responsibilities require access to them. The magnetic tape, disk, and documentation libraries housed within the controlled areas of the Server Center require additional precautions. This access is controlled by the supervisor of the Server Center.

Employees are not to permit unknown or unauthorized persons to enter restricted areas as they enter and exit these areas. Physical access controls for County buildings are intended to restrict the entry of unauthorized persons, and employees are expected to help restrict such access.

4.4 Removal of Equipment:

Permission to remove computers or related equipment may be granted only for accepted business purposes. Permission to remove computer equipment must be approved by the director of the department owning the equipment and the reason for lending the equipment must be put in writing stating the reason for which the equipment is loaned. Equipment being removed for needed repairs has implied permission when DTS approved repair processes are followed and a receipt is retained for the equipment.

PC equipment must not be moved or relocated without prior authorization from the appropriate management and/or DTS technical support staff. PC workstations, printers, peripherals, file servers, and electronics are examples of PC equipment covered by this requirement.

All County property must be returned when employees, consultants, or contractors terminate their relationship with County or with a specific work location within the County. It is the responsibility of the supervisor to collect County property from an employee leaving their location. Personnel terminating County employment or moving from one work location to another must inform their supervisor/administrator regarding County property they possess, and building access privileges.

When a computer support employee is involuntarily terminated, due care must be taken. Upon involuntary termination, the employee is to be immediately relieved of all duties and must return all County equipment and information. Their network accounts are to be immediately disabled and they are to be supervised while packing their belongings and leaving County facilities.

A sign-out procedure, approved by department management, must be utilized for laptop computers if there is a shared pool of laptops.

Montgomery County is not responsible for maintenance, damage or loss of personally owned computers or peripherals in the work place.

4.5 Personnel Security

Employees should contact building security if they feel threatened, harassed, or afraid of bodily harm.

Personnel will immediately contact building security if a person: becomes unruly refuses to leave poses a threat to employees, property, or equipment

In the case of an emergency, Montgomery County Police should be immediately contacted or dial 911. This is judgment decision based on the severity of the threat. If in doubt, contact the police first then building security.

4.6 Disaster Recovery

A detailed disaster recovery plan must be developed by each department that has a LAN or mini-computer. This plan will detail procedures to follow in the event of the loss of computing hardware, software and/or data. DTS must prepare, periodically update, and regularly review information technology emergency response plans for the DTS data center and for communications systems. The disaster recovery plan must provide for the continued operation of critical systems in the event of an interruption or degradation of service; must allow all critical computer and communication systems to be available in the event of a major loss, such as a flood, earthquake, or tornado; must prioritize the sequence of critical systems being recovered. This plan must be practiced at least once a year; this practice will include restoring data from backup media to insure that restoration procedures are known and to verify the integrity of the backup media. Each test must be followed by a report, and detail the test results, plus any remedial actions taken. The department can evaluate the effectiveness of the plan and make

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adjustments as appropriate to accomplish the desired goals. The manager of the DTS data center can provide a comprehensive sample of a disaster recovery plan.

A business continuity analysis will also be conducted by those responsible for their department computing equipment that identifies the procedures that need to be in place in order to ensure that critical operations could continue in the event of a disaster which destroys their computing capabilities. The conditions that warrant a disaster declaration and the persons responsible for this decision will be specified.

Departments wishing to be supported by the DTS in the event of an emergency or disaster must implement hardware, software, policies, and related procedures consistent with DTS standards. DTS staff is available to work with offices to ensure compliance with DTS standards. Backup medium must be erased by following the Data Backup section in this guideline.

The communications networks should be designed without a single point of failure whenever possible, such as a central switching center, which could affect the availability of network services.

A backup of system wide critical information and software is to be stored in a physically separate, environmentally controlled facility. This facility is to be at least five miles from the site where original copies reside. Additionally, all current supporting materials such as manuals, charts, and diagrams needed for disaster recovery will be housed at the same facility. Supporting materials include anything required by County departments or units that are necessary to maintain day-to-day mission critical operations until recovery. Contact the DTS data center manager for information on the facility used by the data center for backups.

4.7 Emergency Shutdown Procedures

A detailed plan will be developed by each department with their own LAN or Mini-computer to shut down each device in a computer center quickly in the event of an emergency. Emergencies can include fire, loss of environmental controls, computer virus outbreak, natural disasters, etc. The goal is to preserve County resources in an emergency without subjugating the operator to undue risk. Contact the DTS data center manager for a sample of this plan. The DTS security manager or the director of the affected department can make this determination and contact the appropriate department management personnel to implement the emergency shutdown procedures when warranted by the circumstances. This kind of emergency will require every effort to shut down the computing equipment. Unplug the equipment from the County network if shutdown is not possible.

5. DATA SECURITY

5.1 Guideline:

Employees that are permitted access to computer systems must follow guidelines in order to insure that restricted access is maintained. Users of the computer systems will only have the minimal access needed to perform their tasks. Attempts to bypass security procedures to gain unauthorized access to computer resources are unacceptable and may result in disciplinary action. See section 3 paragraph 5 for information regarding disciplinary action.

5.2 Password and User-id Information:

Strong passwords will be used to protect access to County networked computer systems (LANs, mini-computers, PCs. Unused and default or installation user-ids will be disabled. Use of powerful user-ids such as those with system administrator attributes will be restricted.

Passwords provide a basic first-level security for restricting access to computer resources. To protect County computer resources properly, passwords are required to access all networked computer systems. Passwords will be simple enough to memorize but unique enough to remain secret. Passwords will not be attached to a terminal or other public place where they are easily compromised. Passwords will not be associated with the current date or a person's name, hobby, or family. Good passwords are not found in the dictionary, contain numeric as well as alphabetic characters, and will be at least eight characters in length. Passwords will not be imbedded in user s automatic sign-on procedures unless approved by that department s management for procedures where it is required. Passwords cannot be changed in less than 2 days.

A maximum of ninety days between password changes is required for network, server and mini-computer access. The change interval for power on passwords for PCs, if used, is at each department s discretion. Where possible, password change will be

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controlled automatically by security software. Passwords will be individually maintained to ensure confidentiality and individual accountability. Passwords will not be shared with others. If multiple people must share a user-id and password for a sound business reason, refer to the exception procedures in section 8 of this document. If it becomes necessary to give your password to a technical person to fix a problem you are experiencing, the password will be changed immediately after the problem is solved. An account will be suspended after no more than five invalid password attempts in a given day and remain suspended until an administrator can reactivate it. Passwords will not be reused for at least four password cycles. A user-id will be suspended after twelve months of non-use.

Access to computer resources will be terminated immediately for employees who leave County employment or when their responsibilities no longer require them to access those resources. Access will also be terminated immediately for contractors no longer requiring access to County computer resources. Department coordinators are responsible for deleting user-ids of people who have terminated, transferred out of the department, or no longer require computer access. If the department coordinator does not have access rights in order to remove or disable the account, then the coordinator must contact the DTS Security Office and E-messaging Directory Services Team.

Computer system security will prevent a user-id from being logged on in more than two different places at the same time. Just one user-id per computer platform will be assigned to an individual. System privileges, such as supervisory or system administrator attributes are sensitive and are restricted to designated LAN or minicomputer system administrators. When the use of sensitive system privileges is necessary by others (for example, during an on-site visit by field service engineers), the privilege will be immediately removed or the user-id disabled after the user is finished with the specific task.

DTS will test password quality on a periodic basis. If a password is found to be weak, the user will be required to change it.

5.3 PDAs/Blackberry Password:

All County issued Personal Digital Assistants (PDAs) or Blackberry devices configured to communicate with County network resources must be password-protected. Enterprise-wide system policy will enforce this policy when device is not in use or after 30 minutes of inactivity.

5.4 Protection of Sensitive Information

Sensitive information includes criminal justice, payroll/personnel, client or patient information and any other data considered confidential by law or departmental policy. Sensitive information will not be stored on a PC unless PC security software has been installed on that PC. Sensitive information should be stored on the mainframe or network server where better security is available to protect the integrity of this information. Access to this information will be restricted to those who have to use it. Examples of information that will be protected from unauthorized access include: word processing documents containing sensitive material, which can be locked (password protected); source code for programs, which can be protected using a source code management tool; databases, which can use built-in security controls; and production files downloaded from the mainframe or server, which can be protected in a directory where limited access is permitted.

Sensitive information stored on computer diskettes, tapes or printout will be locked in a secure area when not in use and deleted, reformatted or shredded when no longer needed.

The same level of security will be maintained across the various computer platforms (mainframe, mini, LAN or individual PC). If a sensitive file located on the mainframe computer is downloaded to an individual PC, that information on the PC will be protected from unauthorized access in an equivalent manner as it is on the mainframe.

PC s and terminals will not be left unattended with the results of a query containing sensitive information displayed on the screen. If this is necessary, a screen locking feature that blanks the screen until the correct password is entered will be used. Sensitive printouts will not be left on an unattended printer.

Special care will be given for laptop or portable PC's. If possible, sensitive information will be stored on diskettes rather than the hard drive and in a separate secure location from the laptop. Some sensitive information may need to be encrypted in order to ensure adequate security. A power on password will be used. If the PC is lost or stolen, departmental security personnel and the DTS Security Team will be notified immediately, and a complete accounting of what was on that PC will be made.

If possible, unauthorized attempts to access sensitive information will be logged and kept for a period of at least one year. This is information that may be used as evidence in a criminal proceeding and must be protected.

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Do not disclose user-ids, passwords or other sensitive information to anyone without verifying their authorization to have this information.

The following statement is wording that will be displayed to users before they are granted computer access. This warning banner will appear each and every time that someone logs into a County computer:

UNAUTHORIZED ACCESS TO THIS NETWORK DEVICE IS PROHIBITED. You must have explicit permission to access or configure this device. All activities performed on this device may be logged, and violations of this policy may result in disciplinary action and may be reported to law enforcement. There is no right to privacy on this device.

5.5 Data Backup:

Data and files that are crucial to the department's operations will be backed up and the retention of at least the last three copies is highly recommended. The frequency of backup is to be commensurate with the frequency of change and the criticality of recovering the lost data in a timely manner. Some data may need to be backed up daily; monthly backups in other cases may be sufficient. When possible, backups will be automated and take place during off-peak hours.

All archival back-up data that is stored off-site must be listed in a current log that shows the date when the information was last modified, as well as the content of the information. All media used to store sensitive, valuable, or critical information for longer than six months must not be subject to rapid degradation. This information must be copied to newer media when the time limits suggested by the manufacturer are exceeded.

Offsite storage facilities will be utilized for copies of backup files containing programs, data or transactions representing current County business that, if lost or destroyed, would be difficult or impossible to recreate. All backups will be retained a minimum of four weeks and at least two copies will be kept in offsite storage. Longer retention periods should be considered based on business requirements. Offsite storage facilities will also be utilized for files containing data with retention requirements imposed by county, federal or state government. Magnetic storage media provided by the offsite storage or disaster recovery facility for the purpose of restoring Montgomery County information will be thoroughly erased after being used. This may be done by programs designed to erase sensitive information or by reformatting the media at least 7 times.

Additional protections, such as mirror disks, RAID technology, and hardware redundancy should be used as appropriate for mission critical applications. Contact the DTS data center manager if you need assistance in setting up backup/restore procedures or need offsite storage procedures

5.6 Virus Control

Virus controls are necessary to prevent the spread of computer viruses to other computers in the network. Virus eradication can be very time consuming and result in the loss of service to the citizens of Montgomery County.

Software not purchased by the County (e.g. software from bulletin boards, software from home computers or any other computer or network), when allowed by County and department policy, will be checked for viruses before use. This includes diskettes, CD-ROMs and information downloaded from the Internet or other on-line services. Information downloaded to the hard drive will be checked immediately upon completion of the download. Diskettes and CD-ROMs received from other departments or agencies or from companies doing business with the County will be checked before use.

All those responsible for departmental computer resources will update those resources with anti-virus signatures on a minimum weekly basis and upgrade to the most current anti-virus release as it becomes available. All PC s and servers that are connected to the county network must have DTS approved, centrally administrated anti-virus software installed and running using a DTS approved configuration. Automatic updates will be utilized if available. Contact the DTS Client Computer Services (DCM) if information is needed on anti-virus software. When DTS issues a security alert and specifies that virus signatures must be updated immediately, those responsible for departmental computer resources must comply.

5.7 Software Security Upgrades

Vendors publish patches and upgrades to their software when they discover security flaws that could allow computer security to be compromised. The DTS Security Team may provide information about enterprise software security issues and patches as available and appropriate.

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Because these flaws pose a significant threat, critical security patches for internal computer systems must be applied in a maximum of 30 days after public release. For systems containing sensitive information or are accessible via the Internet, critical security patches must be applied within 7 days of public release. Automatic updates will be utilized if available. If alerted of a specific critical threat that could severely affect County resources, the DTS Security Office may issue a mandatory, short time frame alert to computer administrators to patch specific computer resource in order to reduce the risk of network down time.

Non-critical security patches must be applied to all systems within 90 days of public release.

If, due to incompatibility or other issues, a critical security patch cannot be applied, an exception report must be sent in writing to the DTS Security Office.

On a regular basis, the DTS Security Office will verify software revision and patch levels for all County systems. Refer to the Vulnerability Assessment and Remediation section for details.

6. SECURING PORTABLE DATA

6.1 Guideline:

The widespread use of portable computing devices or PDAs, such as the Blackberry, iPods, USB flash drives, etc. has also increased exponentially the threat of theft or loss of sensitive data. The goal is for the County to protect all sensitive data at rest or in transit

6.2 Laptop Hard Drive Encryption:

All primary laptops are supported by the Desktop Computer Modernization (DCM) program and are required to have hard drive encryption. All secondary departmental laptops assigned to specific users must also have hard drive encryption. All secondary laptops not assigned to an individual (shared) will not be required to be encrypted due to operational impacts. Therefore, no County data may be stored on shared laptops. Instead, data used on shared laptops must be stored on secure USB Flash drives.

6.3 USB Flash Drive Encryption:

County requires the use of encrypted USB flash drives. Department Directors must decide who can have such devices; what data will be allowed on these drives; and must cover the cost of acquisition. For Non-Sensitive Data Standard off the shelf USB flash bundled with 256 bit AES encryption must be used. For Sensitive Data Standard off the shelf USB flash bundled with higher levels of encryption and with self destruct function must be used.

6.4 Portable/External Hard Drive Encryption:

Portable/ External Hard drives must be kept in a locked cabinet or drawer/office and must be encrypted if removed from County facilities. Department Directors must decide who can have such devices; what data can be stored on these drives; and enforce either physical security or require a device that has encryption.

7. NETWORK SECURITY

7.1 Guideline:

Access to or from the County network is only permitted for authorized employees and other County approved agencies.

7.2 Remote Dial-in Access to County Computer Resources:

Access to remote network services will be in accordance with the Internet, Intranet, & Electronic Mail Administrative Procedure. Approval from the department management and the DTS Security Office will be obtained if a user requires a modem at their workstation for remote access. Modems attached to PC s that are connected to a County network can be very risky and will not be authorized unless DTS-approved security measures are implemented. Unauthorized modems attached to PCs or servers that are connected to a County network are prohibited. If remote access from a County owned PC using an

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attached modem is required, that PC will be disconnected from all LANs or networks. Refer to the Internet, Intranet, & Electronic Mail Administrative Procedure document.

7.3 Access from Remote Networks to County Computer Systems

Access from a remote site to any Montgomery County computer resource will be approved by the employee's Department head or designee and by the DTS Security Office. All remote access systems used to access County computing resources will be approved by the DTS Security Office prior to purchase, installation, or connecting to County resources. Access and security system information must not be disclosed to any 3rd party.

Employees who need remote access to any County computer resources will submit a request in writing to the DTS Security Office stating what the access is to be used for, how long the access is required, and approval from the responsible department official. Contact the DTS Security Office to obtain information and approval for secure remote access options including, but not limited to, VPN, and wireless methods. Modems attached to County computer systems that allow remote access is not an approved remote access method. The list of authorized remote access users will be reviewed periodically by the LAN or mini computer administrator to determine continued need for such access and accuracy of the list. If remote access is no longer required, that access will be terminated.

LAN and mini computer administrators will maintain a log of unsuccessful attempts to access County computers. This log will be maintained for one year.

Encryption of any County-owned data is required if it is to be transmitted over public phone lines, the Internet, or wirelessly. County approved remote access solutions already use encryption.

7.4 Contractor Remote Access

All contractors will meet the same security requirements detailed in this and all other related County documents. The contractor will agree to, and is responsible for, maintaining compliance with all County security policies. Virtual Private Network (VPN) is the current approved remote access method. The sponsoring Department head or designee and the DTS Security Office will approve the remote access request.

The department whose contractor requires remote access to the County s network will present a written justification to the DTS Security Office. All plans for establishing remote access will be approved by the DTS Security Office in advance of implementation. These plans will include at least the following:

Type of access When and how long access will be required Security procedures (how contractor access will be controlled)

All contractors requiring access will sign non-disclosure statements and agree to abide by all County security policies and procedures prior to receiving access.

7.5. Extended Networks

Extended Networks are permanent or semi-permanent physical extensions of the County's computer network to a non-County facility and used by non-County employees to access County computer resources.

All network extensions to a contractor or business partner facility will meet the same security requirements detailed in this and all other related County documents. The Contractor/Business Partner (C/BP) will agree to, and is responsible for, maintaining compliance with all County security policies.

The Department requesting the extended network will present a written justification to the DTS Security Office for granting a C/BP access to the County s network from a remote location.

The C/BP will provide a secure link (e.g., T-1) between the C/BP site and the County s Computer Center. All plans for establishing a link will be approved by the DTS Security Office in advance of installation. These plans will include the following:

Type of connection How long connection will be required Hours of operation

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Number and type of workstations and servers at remote location Physical security plan Security Procedures (including keeping all security systems up-to-date) Anti-virus procedures Whether Internet access is required for any workstations The process of disconnecting the C/BP once the connection is no longer needed

All material submissions mentioned above will be submitted by the Contractor / Business Partner to the County Department requesting the extended network, which will coordinate reviews and approvals with the DTS Security Office.

The C/BP will maintain all security provisions, detailed in this guideline, while the remote location is connected to the County network. All employees that have access will sign non-disclosure statements, receive security training, and agree to abide by all County Security Policies and procedures (sign County security agreement), prior to receiving access. All training materials will be approved by the DTS Security Office in advance.

A list of employees with authorized access will be kept up to date and provided in a monthly report to the DTS Security Office. Requests for additional staff access will be approved by the DTS Security Office or County contract administrator prior to granting the access.

The C/BP will permit the DTS Security Office to inspect the remote location without notice, at any time. This may include technical security scanning of the C/BP network segment and any system connected to it.

The C/BP network segment, defined as all workstations, servers, and network equipment connected to the County, will not also be connected to any other network (including the C/BP own internal network). Remote access to the C/BP network segment will NOT be permitted; dial-in or dial-out will not be allowed.

Failure to maintain full compliance with the County s security policies will result in immediate termination of the connection, and may be cause for cancellation of any contract between the County and the C/BP.

7.6 Vulnerability Assessment and Remediation

System/network administrators need to have a vulnerability assessment performed against their assets on a bi-yearly basis. All aspects of this guideline will be evaluated for risk assessment. The security manager will determine the exact schedule. The security manager may also define any additional security assessments other than those described here. In cases where networks reside behind firewalls, multiple assessments should be conducted from both the internal and external sides of the firewalls.

The security manager will be responsible for conducting scans against common infrastructure. The security manager may also conduct scans at random intervals provided that this activity doesn t interfere with business operations. In cases where loss of services might occur, the security manager will coordinate with the appropriate administrators/authorities prior to the assessment.

System/network administrators will only be allowed to scan segments that they re responsible for. Also, the security manager will determine what signatures and scanning methods will be allowed. If sufficient controls do not exist, then the security manager will conduct a scan on behalf of the administrator.

As a general rule, if a vulnerability assessment reveals high-risk vulnerabilities, administrators will have one week to make appropriate changes. Medium-risk vulnerabilities will be addressed within one month. The security manager will coordinate with administrators to adjust this timeline as necessary. If no working patch or configuration change exists or if it will cause an extended or re-occurring stop to business operations, the security manager will evaluate any alternatives or provide a waiver. If high risk vulnerabilities are not remediated within the allotted time, the system may be disconnected from the network. In any case, the security manager will be available to assist administrators in developing remediation solutions. Notify the security manager with results of the vulnerability assessment.

All system or network installations must be reported to the security manager prior to implementation. This should include the following:

New or changed network access points (RAS, VPN, wireless, etc.) New or changed network segments New or changed business applications

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New or changed application/network servers

New installations must meet County Computer Security Administrative Procedure and be scanned for vulnerabilities using tools approved by the DTS Security Office prior to implementation.

7.7 802.11 Wireless Access

All wireless access points must be approved by the network manager or the security manager. A secure setup on these devices is critical and must be performed by the network team. All other wireless access points connecting to the County network are not permitted. Any existing wireless access points not setup by the network team must be disconnected immediately and the network manager notified to secure the wireless access appropriately.

8. CONDUCT AND USE

8.1 Guideline:

County computer systems should only be used in a legal manner.

8.2 Use of County Computer Resources

All use of computer facilities, networks, and technology resources are for County business purposes. Each user of these technology systems is accountable for using these systems responsibly, following all policies, regulations, security requirements, and laws. Including the Montgomery County Personnel Regulations 2001 Section 5. Any Employee in violation of the aforementioned regulation will be subject to appropriate disciplinary action.

As such, all electronic mail messages, files on personal computers or servers, or any information stored on or transmitted by County computers are subject to be reviewed, copied, stored, archived, and monitored for violation of policies, regulations, and local, state or federal laws. Such employee shall be responsible for appropriate use of all County systems including the transmission to and from the County systems during work and non-business time.

8.3 Adherence to Software Copyrights

No unauthorized copies of licensed software may be made or used. It is a violation of copyright and trade secret laws and licensing agreements to make or use unauthorized copies of any licensed software. An inventory of all software will be made periodically to determine if the software is properly licensed. Automated tools such as software metering may be used to ensure compliance with license agreements. If illegal copies of software are found, they are to be deleted from the system immediately or properly licensed to protect the County from litigation. This discovery and deletion will be documented.

8.4 Security Measures

Users are not to disable or modify security measures installed on any computer for any reason without permission from the appropriate staff. Security measures include such things as menu software, operating systems settings, and anti-virus software. If it is necessary to disable security to perform a hardware or software installation, security measures must be reactivated when installation is complete.

9. EXCEPTIONS

9.1 Guideline:

Exceptions to any of these guidelines must be approved by the department management and the DTS Security Office. Exceptions will be directed to DTS Security Office by departmental management, in writing or via email, for prompt consideration. A detailed description of the exception will be included as well as the business purpose for this exception and what additional precautions that could be taken to reduce the risk to the County network if the exception is granted. An example of additional security precautions may include restricting internet access and eliminating floppy disk and CD drives on the PC or disconnect from the County network.

There are some older computer platforms in use in the County which lack the capability to implement some of the security procedures outlined in this document. Upgrades or replacements to these computer platforms will be purchased as soon as

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possible and until this occurs all sensitive information will be moved off these computers. These system exceptions must be documented in writing to the DTS Security Office.

10.0 Guideline Updates

10.1 Guideline:

The Computer Security Guidelines will be modified on as needed basis to reflect changes in our computing environment and deployment of new technologies. Updates or changes to this document will be communicated to County employees via e-mail and revised version will be posted on the County Intranet site.

RFP #1110880

LSBRP Consulting and Technical Services 3 (LCATS 3) RFP # 1110880

Attachment E

Resume Format

Name:

Labor Category / Title:

Labor Rate: On / Off

Years of General / Specialized IT Experience:

Education / Degree:

Registration / Certifications:

Experience / Qualifications Summary: (Provide a succinct paragraph of overall experience and qualifications)

Chronological Description of Experience relevant to Proposed Contract / Task Order: (Starting with most recent, describe roles and responsibilities on previous projects / engagements.)

____________________________________ ______________________________ Proposed Staff Signature / Date Program Manager Signature / Date

Note: Resumes shall not exceed two (2) pages in length (single-sided, font size no smaller than 10). References may be requested by the County to validate education, experience and/or qualifications.

E1

RFP #1110880

LSBRP Consulting and Technical Services 3 (LCATS 3) RFP # 1110880

Attachment F

Price Sheet

Labor Rates

Record the fully burdened hourly labor rates chargeable during first two years of the contract for on-site and off-site labor categories as defined.

# LABOR CATEGORY FULLY BURDENED HOURLY LABOR

RATES*

5.6.2.a IT Staff, Expert

5.6.2.b IT Staff, Senior

5.6.2.c IT Staff, Intermediate

5.6.2.d IT Staff, Junior

5.6.2.d IT Staff, Intern

*Inclusive of overhead, profit, etc.

F1 Attachment F

RFP #1110880

LSBRP Consulting and Technical Services 3 (LCATS 3) Attachment G RFP# 1110880

LABOR SOURCE DOCUMENT

Offeror shall submit this Labor Source Document which is to display the source for each of the required labor categories as being either from Offeror In-House staff or via Sub-Contract. If the source is SubContract, Offeror must provide Sub-Contractor contact information.

# LABOR CATEGORY IN-HOUSE SUB-CONTRACT Sub-Contractor Contact Information

5.6.2.a IT Staff, Expert

5.6.2.b IT Staff, Senior

5.6.2.c IT Staff, Intermediate

5.6.2.d IT Staff, Junior

5.6.2.e IT Staff, Intern

G1

RFP #1110880

Rev. 03/18

LSBRP Consulting and Technical Services 3 (LCATS3) RFP # 1110880 Attachment H

Offeror / Contractor Information Sheet

Name: RFP/Contract #: Company Address: Company Ph:

Company Fax:

Company E-mail:

*POC Contract Issues:(Name/Title)

Ph:

Fx:

E-mail:

*POC Service/Order Issues:(Name/Title)

Ph:

Fx:

E-mail:

Company Contract Signature Authority:

Name:

Title:

DUNS #:

EIN:

County Vendor #: (if previously assigned)

MD-SDAT: Company in Good Standing?_____Yes ________No

*Point of Contact

H1