Local Small Business Reserve Program (LSBRP) Notice RFP # 1035345 LSBRP Consulting and Technical Services 2 This solicitation is reserved for only self-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, and the level of pre-existing contracts with the County. Submitting a bid/proposal constitutes willfully stating your firm is a self-certified Local Small Business. Therefore, if you wish to submit a bid/proposal for this solicitation adhering to the LSBRP, you must: 1.
Self-certify as a LSBRP firm prior to the bid’s/proposal’s due date. If your LSBRP self-certification is not registered prior to the bid’s/proposal’s due date, then your bid will be deemed non-responsive and rejected or your proposal will be deemed unacceptable and removed from consideration. Go to the LSBRP web site (www. montgomerycountymd.gov/LSBRP) and follow the instructions under “Register.”
2.
After the IFB opens or the RFP closes and upon notification by the County, you must provide within three (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 copy of a lease, Maryland Unemployment Insurance Contribution Report (summary or quarterly), and Financial Statement/Tax Returns. At the discretion of the LSBRP, an alternative type of documents might be accepted.)
If, after receipt of these documents, the LSBRP 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 LSBRP (240-777-9913).
Revised 11/11
Notice to Offerors Request for Proposals RFP # 1035345 LSBRP Consulting and Technical Services 2 This solicitation may be subject to the County’s Wage Requirements law for service contracts. If this solicitation is subject to that law, then the appropriate space will be marked in the box denoting “This is a Services Contract”, at the bottom of the next page (page 1). And, in this event, the “Wage Requirements for Services Contract Addendum” (Attachment “G”) should be attached. If this solicitation is subject to the Wage Requirements law (see above explanation), then the “Wage Requirements Certification” and, if applicable, the “501(c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form” (see Attachment “G”), must be completed and submitted with your proposal. If you fail to submit and complete the required material information on the form(s), your proposal may be unacceptable under County law and may be rejected. As noted in Attachment “G” (Section A, Wage Requirements Compliance), a contractor required to comply with the Wage Requirements Law must quarterly (January, April, July, and October for the prior quarter) submit certified payroll records for all employees, and any subcontractors, governed by the Wage Requirements Law, for each payroll period to the Office of Business Relations and Compliance, Attn: Wage Program Manager. These payroll records must include the following for each employee and any subcontractors: name; address; position/title; daily straight time hours worked; daily overtime hours worked; straight time hourly pay rate; overtime hourly pay rate; any deduction for health insurance; total gross wages paid for each period; and total net wages paid after any additions and deductions for each pay period. Please note the information pertaining to the Wage Requirements law is on Attachment “G”. Please note for services contracts, you can find the current mandatory wage rate, per hour, payable to employees under Section 11B-33A of the County Code, by going to the website (www.montgomerycountymd.gov), and clicking on “Departments,” “General Services,” “Office of Procurement,”, and then “Living Wage.” . Also, the Wage Requirements law (“Living Wage”) is available at the same website.
Revised 11/11
REQUEST FOR PROPOSALS RFP# 1035345 LSBRP Consulting and Technical Services 2 October 16, 2014 Montgomery County, Maryland is soliciting proposals for the provision of the above-referenced goods/services as outlined in this document. One original and 3 copies of your proposal must be submitted in a sealed envelope/package along with two digital copies on CD-ROM in Microsoft Office and PDF no later than 3:00 pm on November 17, 2014 to the Department of General Services, 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, due date, and due time. There will be an optional pre-submission conference at 1:00 PM on October 28, 2014 at Council Office Building Auditorium, 100 Maryland Avenue, Rockville, MD 20850. The County will not accept fax proposals or proposals sent via e-mail. All faxed or e-mailed proposals will be returned. Should you have any questions regarding the technical information or the scope of services contained in this solicitation, please contact Mike Melvin, Department of Technology Services, 101 Monroe Street, 13th Floor, Rockville, Maryland 20850 at (240) 773-8050. Should you have any questions regarding procurement information (i.e., terms and conditions) contained in this solicitation, please contact Procurement Specialist Nola Song at (240) 777-9951.
(The Office of Procurement will check one of the boxes below to indicate whether this RFP is a services contract, a Construction Contract, or neither)
This is a Services Contract (see Section A, Services Contract): or
This is a Construction Contract (See Attachment H): or
This is not a Services Contract (disregard Section A, Services Contract) and is not a Construction Contract (disregard Attachment H): David E. Dise, Director Department of General Services Revised 08/10
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LSBRP Consulting and Technical Services 2 RFP # 1035345 TABLE OF CONTENTS Acknowledgment Name and Signature Requirements for Proposals and Contracts Acknowledgment of Solicitation Amendments Section A Instructions, Conditions and Notices Acceptance Time Acknowledgment Contract Documents Determination of Responsibility Joint Procurement Late Proposals Minority, Female, Disabled Person Program Compliance Montgomery County Code and Procurement Regulations Optional Pre-submission Conference Payment Terms Proposals Proposal Withdrawal/Modification Proprietary & Confidential Information Protests Public Posting Qualification of Offerors Questions Services Contract Solicitation Amendments Solicitation Preparation Expenses Verbal Explanations Section B General Conditions of Contract Between County and Contractor Accounting System and Audit, Accurate Information Americans with Disabilities Act Applicable Laws Assignments and Subcontracts Changes Contract Administration Cost & Pricing Data Disputes Documents, Materials and Data Duration of Obligation Entire Agreement Ethics Requirements/Political Contributions Guarantee Hazardous and Toxic Substances Health Insurance Portability and Accountability Act (HIPAA) Compliance Immigration Reform and Control Act Inconsistent Provisions Indemnification Independent Contractor Inspections Insurance Intellectual Property Approval and Indemnification - Infringement 2
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Section C
Section D
Section E
Section F
Section G Section H
Section I Section J
TABLE OF CONTENTS Non-Conviction of Bribery Non-Discrimination in Employment Payments Personal Property Termination for Default Termination for Convenience Time Work Under the Contract Scope of Services Background Intent Scope of Services/Specifications/Work Statement Contractor Qualifications Contractor Responsibility County Responsibility Reports Deliverables/Milestones Performance Period Term Price Adjustments Method of Award/Evaluation Criteria Procedures Evaluation Criteria Submissions Proposal Submissions Award Submissions Compensation Contract Administrator Authority Using Department Special Terms and Conditions Ethics
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ATTACHMENTS A. B. C. D.
E. F. G.
H.
References Metropolitan Washington Council of Governments Rider Clause Minority Business Program & Offeror’s Representation Minority-Owned Business Addendum to the General Conditions of Contract Between County and Contractor, and its companion document entitled Minority, Female, Disabled Person Subcontractor Performance Plan Offeror’s Certification of Cost and Price Mandatory Insurance Requirements Wage Requirements for Services Contract Addendum to the General Conditions of Contract Between County and Contractor, and its companion documents entitled “Wage Requirements Certification” and “501(c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form” Prevailing Wage Requirements for Construction Contract Addendum to the General 3
A1 B1 C1 D1
E1 F1 G1
H1
I. J. K. L. M. N.
LSBRP Consulting and Technical Services 2 Conditions of Contract between County and Contractor Information Security Documents Resume Format Price Sheet Labor Source Document Technical Reference Offeror Information Sheet
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Montgomery County, Maryland Acknowledgment Page ACKNOWLEDGMENT The offeror must include a signed acknowledgment that all the terms and conditions of the offer 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 terms and conditions of this solicitation and offer may, at the County's option, be made applicable in any contract issued as a result of this solicitation. Business Firm's Typed Name: Printed Name and Title of Person Authorized to Sign Proposal: Signature:
Date:
NAME AND SIGNATURE REQUIREMENTS FOR PROPOSALS AND CONTRACTS The correct legal business name of the offeror must be used in all contracts. 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. The offeror’s signature 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. By submitting a proposal under this Solicitation, the Offeror agrees that Montgomery County has within 120 days after the due date in order to accept the proposal. ACKNOWLEDGMENT OF SOLICITATION AMENDMENTS The Offeror acknowledges receipt of the following amendment(s) to the solicitation: Amendment Number Date
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The following provisions are applicable to this solicitation: ACCEPTANCE TIME By submitting a proposal under this solicitation, the offeror agrees that Montgomery County has within 120 days after the due date in order to accept the proposal. Montgomery County reserves the right to reject, as unacceptable, any offer that specifies less than 120 days of acceptance time. Upon mutual agreement between the County and the offeror, the acceptance time for the offeror’s proposal may be extended. ACKNOWLEDGMENT The offeror is to include the signed acknowledgment (Page 4) indicating agreement with all the terms and conditions of the solicitation. CONTRACT DOCUMENTS The following documents will be incorporated into the contract resulting from this solicitation: 1. General Conditions of Contract Between County & Contractor. 2. Minority Business Program & Offeror’s Representation. 3. Minority-Owned Business Addendum to the General Conditions of Contract Between County & Contractor. 4. Minority, Female, Disabled Person Subcontractor Performance Plan. 5. Offeror’s Certification of Cost & Price (for contracts above $100,000) 6. Wage Requirements for Services Addendum and Wage Requirements Certification 7. All representations and certifications listed in this document. DETERMINATION OF RESPONSIBILITY 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, in a timely manner, contracts of a similar nature, or if investigation shows the offeror unable to perform the requirements of the contract. An offeror may be requested at any time by the Director, Department of General Services 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. 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. The factors, which may be considered in connection with a determination of responsibility, include: 1. The ability, capacity, organization, facilities, and skill of the offeror to perform the contract or provide the goods or services required; 2. The ability of the offeror to perform the contract or provide the services within the time specified without delay, interruption or interference; 3. The integrity, reputation, and experience of the offeror, and its key personnel; 4. The quality of performance of previous contracts or services for the County or other entities. Past unsatisfactory performance, for any reason, is sufficient to justify a finding of non-responsibility; 5. The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; 6
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6. The sufficiency of financial resources of the offeror to perform the contract or provide the services; 7. The certification of an appropriate accounting system, if required by the contract type; 8. A bid bond and the offeror’s evidence of ability to furnish a performance bond may be considered evidence of responsibility; and 9. Past debarment by the County or other entity. JOINT PROCUREMENT The following entities within Montgomery County must be able to purchase directly from any contract resulting from this Solicitation: Maryland-National Capital Park & Planning Commission (M-NCPPC) Montgomery College (MC) Montgomery County Public Schools (MCPS) Montgomery County Revenue Authority Montgomery County Housing Opportunities Commission (HOC) Washington Suburban Sanitary Commission (WSSC) Municipalities & Special Tax Districts in Montgomery County 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 services of the contract with Montgomery County, in accordance with each entity's respective laws and regulations, or 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. Montgomery County shall not be held liable for any costs, payments, or damages incurred by the above jurisdictions. LATE PROPOSALS Responses to this Solicitation received after the date and time specified in a solicitation are considered late and may not, under any circumstances, be considered for any award resulting from the solicitation. MINORITY, FEMALE, DISABLED PERSON PROGRAM COMPLIANCE Under County law, this solicitation is subject to the Montgomery County Code and the Montgomery County Procurement Regulations regarding participation in the Minority-Female-Disabled Person (MFD) procurement program. Further information regarding the County's MFD program is contained within this solicitation (see the attachment entitled "Minority-Owned Business Addendum to the General Conditions of Contract Between County and Contractor" and its companion document entitled "Minority, Female, Disabled Person Subcontractor Performance Plan"). MONTGOMERY COUNTY CODE AND PROCUREMENT REGULATIONS The Montgomery County Code and the Montgomery County Procurement Regulations are applicable to this solicitation and any contract awarded pursuant to this solicitation. OPTIONAL PRE-SUBMISSION CONFERENCE If a Pre-Submission Conference is held, it is optional, though highly 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. PAYMENT TERMS 7
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The County’s payment terms are net thirty (30) days. PROPOSALS Sealed proposals are due in the Office of Procurement, 255 Rockville Pike, Suite 180, Rockville MD 20850-4166, for the purchase of supplies, material, equipment and/or services in accordance with the instructions, terms, conditions and specifications and/or scope of services set forth in this solicitation. Proposals must be returned in a sealed envelope, and clearly marked with the RFP number, due date, and time. Proposals received after the time specified will be returned unopened to the offeror. The County will not be responsible for proposals received after the due date, due to premature or late deliveries, postal/courier delays, or opening of a proposal if it is improperly addressed or identified. PROPOSAL WITHDRAWAL/MODIFICATION Proposals may be withdrawn or may be modified by the offeror upon receipt of a written request received before the time specified for due date and due time. Requests to withdraw or modify an offeror’s proposal received after the solicitation due date and time will not be considered. PROPRIETARY & CONFIDENTIAL INFORMATION This is to notify prospective offerors that the County has unlimited data rights regarding proposals submitted in response to its solicitations. Unlimited data rights mean that Montgomery County has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display 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, State Government Article 10-617, will be exempted from disclosure if the submitter can show that release of such information would cause substantial competitive harm to the submitter's competitive position. It is the responsibility of the offeror to clearly identify each part of his/her offer that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one inch bold face letters stating the words "confidential" or “proprietary.” The offeror agrees that any portion of the proposal that is not stamped as proprietary or confidential will be deemed not to be proprietary or confidential. PROTESTS All protests made pursuant to this solicitation must be in writing and delivered to the Director, Department of General Services: (a) within ten (10) days after the Director, Department of General Services, publicly posts the proposed award, if the offeror seeks as a remedy the award of the contract or costs under 11B-36(h) of the Montgomery County Code, or (b) before the submission date for proposals, if the offeror seeks as a remedy the cancellation or amendment of the solicitation. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to Montgomery County Government. The Director, Department of General Services, may return the filing fee to the protesting offeror, if the protest is sustained. The Director, Department of General Services, must dismiss any protest not timely received. Only an offeror who is “aggrieved” may file a protest. Aggrieved means that the offeror who is filing the protest may be eligible for an award of the contract if the protest is sustained (e.g., a fourth ranked offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked offerors or would require that the solicitation be reissued).
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Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting offeror; a statement supporting that the offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the offeror contends supports the protest. 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. PUBLIC POSTING It is the responsibility of the offerors to keep informed of the current status of any proposed awardee for contracts in which they are interested as per Section 3.2.2 of the Procurement Regulations. 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 Information regarding the proposed awardee(s) 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/content/DGS/pro/public_awards.asp. QUALIFICATION OF OFFERORS Offerors may be required to furnish satisfactory evidence that they are qualified and regularly engaged in performing the services for which they are submitting a proposal and maintain a regularly established place of business. 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 factors necessary to perform the contract. If so requested, an offeror may be required to submit information about its reputation, past performance, business and financial capability and other factors that demonstrate that the offeror is capable of satisfying the County’s needs and requirements for a specific contract. QUESTIONS All technical and nontechnical questions pertaining to this solicitation should be directed to the individuals whose names are indicated on Page 1. SERVICES CONTRACT (County Code 11B-33A) Under County law, a solicitation for a contractor to provide services is subject to the Montgomery County Code regarding compliance with certain wage requirements payable to the Contractor’s employees. Additional information regarding the County’s wage requirements is contained within this solicitation (see the provision entitled “Wage Requirements for Services Contracts Addendum to The General Conditions of Contract between County and Contractor” and its companion document entitled “Wage Requirements Certification”). If Contractor fails to submit and complete the required material information on the Wage Requirements Certification form, its proposal may be deemed unacceptable under County law and may be rejected. SOLICITATION AMENDMENTS In the event that an amendment to this solicitation is issued, all solicitation terms and conditions will remain in effect unless they are specifically changed by the amendment. Offerors are responsible for checking the website at http://www.montgomerycountymd.gov/content/DGS/PRO/public_solicitations.asp_periodically to remain informed of any solicitation amendments. Offerors must acknowledge receipt of such solicitation amendments, to the place designated, and prior to the hour and date specified in the solicitation (or as amended) for receipt of offers. Offerors may acknowledge solicitation amendments by one of the following: 9
LSBRP Consulting and Technical Services 2 SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES (continued) 1. 2. 3.
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By returning one signed copy of the amendment either with the Offeror’s response to the solicitation or by sending a signed copy of the amendment separately to the Office of Procurement. By acknowledging receipt of the amendment on the Acknowledgment (see page 4) submitted. By stating that the amendment is acknowledged in a signed letter that refers to the solicitation and amendment numbers.
SOLICITATION PREPARATION EXPENSES All costs incurred in the preparation and submission of solicitations will be borne by the offeror and shall not be incurred in anticipation of receiving reimbursement from the County. VERBAL EXPLANATIONS Verbal explanations or instructions given by a Montgomery County employee to an offeror in regard to this solicitation will not be binding on the County. 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, Department of General Services, will be considered as being binding on the County. END SECTION A - INSTRUCTIONS, CONDITIONS AND NOTICES
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SECTION B - 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. 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 prevailing wage law (County Code §11B-33C) applies to construction contracts. Specifically, 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 is contained within this solicitation/contract (see the provision entitled “Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor”). 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 Maryland 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. (Effective June 28, 2010). Contractor and all of its subcontractors must provide the same benefits to an employee with a domestic partner as provided to an employee with a spouse, in accordance with County Code §11B-33D. An aggrieved employee, is a third-party beneficiary who may, by civil action, recover the cash equivalent of any benefit denied in violation of §11B-33D or other compensable damages. (Effective January 1, 2011). 4. ASSIGNMENTS AND SUBCONTRACTS The contractor may not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Director, Department of General Services. Unless performance is separately and expressly waived in writing by the Director, Department of General Services, 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, Department of General Services. 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. 5. CHANGES The Director, Department of General Services, 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, Department of General Services, 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, Department of General Services, 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, Department of General Services, 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 the Director, Department of General Services; (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 in contract language, or waive the County's contractual rights. 7. COST & PRICING DATA Chapter 11B of the County Code and the Montgomery County Procurement Regulations require that cost & pricing data be obtained from proposed awardees/contractors in certain situations. The contractor guarantees that any cost & pricing data provided to the County will be accurate and complete. The contractor grants the Director, Department of General Services, access to all books, records, documents, and other supporting data in order to permit adequate evaluation of the contractor's proposed price(s). The contractor also agrees that the price to the County, including profit or fee, may, at the option of the County, be reduced to the extent that the price was based on inaccurate, incomplete, or noncurrent data supplied by the contractor. 8. DISPUTES Any dispute arising under this contract that is not disposed of by agreement must be decided under the Montgomery County Code and the Montgomery County Procurement Regulations. Pending final resolution of a dispute, the Contractor must proceed diligently with contract performance. Subject to subsequent revocation or alteration by the Director, Department of General Services, the head of the County department, office or agency ("Department Head") of the contract administrator is the designee of the Director, Department of General Services, for the purpose of dispute resolution. The Department Head or his/her designee must forward to the Director, Department of General Services, a copy of any written resolution of a dispute. The Department Head may delegate this responsibility to another person (other than the contract administrator). A contractor must notify the contract administrator of a claim in writing, and must attempt to resolve a claim with the contract administrator prior to filing a dispute with the Director, Department of General Services or designee. The contractor waives any dispute or claim not made in writing and received by the Director, Department of General Services, within 30 days of the event giving rise to the dispute or claim, whether or not the contract administrator has responded to a written notice of claim or resolved the claim. The Director, Department of General Services, must dismiss a dispute that is not timely filed. A dispute must be in writing, for specific relief, and any requested relief must be fully supported by affidavit of all relevant calculations, including cost and pricing information, records, and other information. At the County's option, the contractor agrees to be made a party to any related dispute involving another contractor. 9. DOCUMENTS, MATERIALS AND DATA All documents materials or data developed as a result of this contract are the County's property. The County has the right to use and reproduce any documents, materials, and data, including confidential information, used in the performance of, or developed as a result of, this contract. The County may use this information for its own purposes, including reporting to state and federal agencies. The contractor 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, and data prepared or developed by the contractor or supplied by the County. 10. DURATION OF OBLIGATION The contractor agrees that all of contractor's obligations and warranties, including all requirements imposed by the Minority Owned Business Addendum to these General Conditions, if any, which directly or indirectly are intended by their nature or by implication to survive contractor performance, do survive the completion of performance, termination for default, termination for convenience, or termination by mutual consent of the contract. 11. ENTIRE AGREEMENT There are no promises, terms, conditions, or obligations other than those contained in this contract. This contract supersedes all communications, representations, or agreements, either verbal or written, between the parties hereto, with the exception of express warranties given to induce the County to enter into the contract. 12. ETHICS REQUIREMENTS/POLITICAL CONTRIBUTIONS The contractor must comply with the ethics provisions contained in Chapters 11B and 19A, Montgomery County Code, which include the following: (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. Section 11B-52(a). (d) a prohibition against a contractor that is providing a recommendation to the County from assisting another party or seeking to obtain an economic benefit beyond payment under the contract. Section 11B-52(b) (e) a restriction on the use of confidential information obtained in performing 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 Title 14 of the Election Law, Annotated Code of Maryland. 13. GUARANTEE A. Contractor guarantees for one year from acceptance, or for a longer period that is otherwise expressly stated in the County’s written solicitation, all goods, services, and construction offered, including those used in the course of providing the goods, services, and/or construction. This includes a guarantee that all products offered (or used in the installation of those products) carry a guarantee against any and all defects for a minimum period of one year from acceptance, or for a longer period stated in the County’s written solicitation. The contractor must correct any and all defects in material and/or workmanship that may appear during the guarantee period, or any defects that occur within one (1) year of acceptance even if discovered more than one (1) year after acceptance, by repairing, (or replacing with new items or new materials, if necessary) any such defect at no cost to the County and to the County’s satisfaction. B. Should a manufacturer's or service provider’s warranty or guarantee exceed the requirements stated above, that guarantee or warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider’s warranties must be provided upon request. C. All warranties and guarantees must be in effect from the date of acceptance by the County of the goods, services, or construction. D. The contractor guarantees that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.
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E. Goods and materials provided under this contract must be of first quality, latest model and of current manufacture, and must not be of such age or so deteriorated as to impair their usefulness or safety. Items that are used, rebuilt, or demonstrator models are unacceptable, unless specifically requested by the County in the Specifications. 14. HAZARDOUS AND TOXIC SUBSTANCES Manufacturers and distributors are required by federal "Hazard Communication” 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 provide Material Safety Data Sheets to the purchaser. The contractor must comply with these laws and must provide the County with copies of all relevant documents, including Material Safety Data Sheets, prior to performance of work or contemporaneous with delivery of goods. 15. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE In addition to the provisions stated above in Section 3. “Applicable Laws,” contractor must comply with all requirements in the federal Health Insurance Portability and Accountability Act (HIPAA), to the extent that HIPAA is applicable to this contract. Furthermore, contractor must enter into the County’s standard Business Associate Agreement or Qualified Service Organization Agreement when contractor or the County, as part of this contract, may use or disclose to one another, to the individual whose health information is at issue, or to a third-party, any protected health information that is obtained from, provided to, made available to, or created by, or for, the contractor or the County. 16. IMMIGRATION REFORM AND CONTROL ACT The contractor warrants that both the contractor and its subcontractors do not, and shall not, hire, recruit or refer for a fee, for employment under this contract or any subcontract, an alien while knowing the alien is an unauthorized alien, or any individual without complying with the requirements of the federal Immigration and Nationality laws, including any verification and record keeping requirements. The contractor further assures the County that, in accordance with those laws, it does not, and will not, discriminate against an individual with respect to hiring, recruitment, or referral for a fee, of an individual for employment or the discharge of an individual from employment, because of the individual's national origin or, in the case of a citizen or prospective citizen, because of the individual's citizenship status. 17. INCONSISTENT PROVISIONS Notwithstanding any provisions to the contrary in any contract terms or conditions supplied by the contractor, this General Conditions of Contract document supersedes the contractor's terms and conditions, in the event of any inconsistency. 18. INDEMNIFICATION The contractor is responsible for any loss, personal injury, death and any other damage (including incidental and consequential) that may be done or suffered by reason of the contractor's negligence or failure to perform any contractual obligations. The contractor must indemnify and save the County harmless from any loss, cost, damage and other expenses, including attorney's fees and litigation expenses, suffered or incurred due to the contractor's negligence or failure to perform any of its contractual obligations. If requested by the County, the contractor must defend the County in any action or suit brought against the County arising out of the contractor's negligence, errors, acts or omissions under this contract. The negligence of any agent, subcontractor or employee of the contractor is deemed to be the negligence of the contractor. For the purposes of this paragraph, County includes its boards, agencies, agents, officials and employees. 19. INDEPENDENT CONTRACTOR The contractor is an independent contractor. The contractor and the contractor's employees or agents are not agents of the County. 20. INSPECTIONS The County has the right to monitor, inspect and evaluate or test all supplies, goods, services, or construction called for by the contract at all reasonable places (including the contractor's place of business) and times (including the period of preparation or manufacture). 21. INSURANCE Prior to contract execution by the County, the proposed awardee/contractor must obtain at its own cost and expense the insurance specified in the applicable table (See Tables A and B) or attachment to these General Conditions, with one or more insurance company(s) licensed or qualified to do business in the State of Maryland and acceptable to the County’s Division of Risk Management. Contractor must keep this insurance in full force and effect during the term of this contract, including all extensions. Unless expressly provided otherwise, Table A is applicable to this contract. The insurance must be evidenced by one or more Certificate(s) of Insurance and, if requested by the County, the proposed awardee/contractor must provide a copy of any and all insurance policies to the County. At a minimum, the proposed awardee/contractor must submit to the Director, Department of General Services, one or more Certificate(s) of Insurance prior to award of this contract, and prior to any contract modification extending the term of the contract, as evidence of compliance with this provision. The contractor’s insurance must be primary. Montgomery County, MD, including its officials, employees, agents, boards, and agencies, must be named as an additional insured on all liability policies. Thirty days written notice to the County of cancellation or material change in any of the policies is required, unless a longer period is required by applicable law. In no event may the insurance coverage be less than that shown on the applicable table, attachment, or contract provision for required insurance. The Director, Department of General Services, may waive the requirements of this section, in whole or in part.
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TABLE A. - INSURANCE REQUIREMENTS (See Paragraph #21 Under the General Conditions of Contract Between County and Contractor) CONTRACT DOLLAR VALUES (IN $1,000’s) Up to 50 Workers Compensation (for contractors with employees) Bodily Injury by Accident (each) Disease (policy limits) Disease (each employee)
Up to 100
Up to 1,000
Over 1,000
100 500 100
100 500 100
100 500 100
See Attachment
300
500
1,000
See Attachment
Minimum Automobile Liability (including owned, hired and nonowned automobiles) Bodily Injury each person each occurrence
100 300
250 500
500 1,000
See Attachment
Property Damage each occurrence
300
300
300
250
500
1,000
Commercial General Liability minimum combined single limit for bodily injury and property damage per occurrence, including contractual liability, premises and operations, and independent contractors
Professional Liability* for errors, omissions and negligent acts, per claim and aggregate, with one year discovery period and maximum deductible of $25,000 Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement Rockville Center 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166 *Professional services contracts only
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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 Liability minimum combined single limit for bodily injury and property damage per occurrence, including contractual liability, premises and operations, independent contractors, and product liability
300
500
1,000
Certificate Holder Montgomery County Maryland (Contract #) Office of Procurement Rockville Center 255 Rockville Pike, Suite 180 Rockville, Maryland 20850-4166
(Remainder of Page Intentionally Left Blank)
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22. INTELLECTUAL PROPERTY APPROVAL AND INDEMNIFICATION - INFRINGEMENT If contractor will be preparing, displaying, publicly performing, reproducing, or otherwise using, in any manner or form, any information, document, or material that is subject to a copyright, trademark, patent, or other property or privacy right, then contractor must: obtain all necessary licenses, authorizations, and approvals related to its use; include the County in any approval, authorization, or license related to its use; and indemnify and hold harmless the County related to contractor’s alleged infringing or otherwise improper or unauthorized 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 the County, in any suit, including appeals, based upon or arising out of any allegation of infringement, violation, unauthorized use, or conversion of any patent, copyright, trademark or trade name, license, proprietary right, or other related property or privacy interest in connection with, or as a result of, this contract or the performance by the contractor of any of its activities or obligations under this contract. 23. NON-CONVICTION OF BRIBERY The contractor hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners or employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery, or conspiracy to bribe under any federal, state, or local law. 24. NON-DISCRIMINATION IN EMPLOYMENT The contractor agrees to comply with the non-discrimination in employment policies and/ or provisions prohibiting unlawful employment practices in County contracts as required by Section 11B-33 and Section 27-19 of the Montgomery County Code, as well as all other applicable state and federal laws and regulations regarding employment 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. 25. PAYMENTS No payment by the County may be made, or is due, under this contract, unless funds for the payment have been appropriated and encumbered by the County. Under no circumstances will the County pay the contractor for legal fees. The contractor must not proceed to perform any work (provide goods, services, or construction) prior to receiving written confirmation that the County has appropriated and encumbered funds for that work. If the contractor fails to obtain this verification 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. 26. PERSONAL PROPERTY All furniture, office equipment, equipment, vehicles, and other similar types of personal property specified in the contract, and purchased with funds provided under the contract, become the property of the County upon the end of the contract term, or upon termination or expiration of this contract, unless expressly stated otherwise. 27. TERMINATION FOR DEFAULT The Director, Department of General Services, may terminate the contract in whole or in part, and from time to time, whenever the Director, Department of General Services, determines that the contractor is: (a) (b) (c)
defaulting in performance or is not complying with any provision of this contract; failing to make satisfactory progress in the prosecution of the contract; or endangering the performance of this contract.
The Director, Department of General Services, will provide the contractor with a written notice to cure the default. The termination for default is effective on the date specified in the County’s written notice. However, if the County determines that default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the County may terminate the contract immediately upon issuing oral or written notice to the contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or the contract, the contractor must compensate the County for additional 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. 28. TERMINATION FOR CONVENIENCE This contract may be terminated by the County, in whole or in part, upon written notice to the contractor, when the County determines this to be in its best interest. The termination for convenience is effective on the date specified in the County’s written notice. Termination for convenience may entitle the contractor to payment for reasonable costs allocable to the contract for work or costs incurred by the contractor up to the date of termination. The contractor must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under the contract. 29. TIME Time is of the essence. 30. WORK UNDER THE CONTRACT Work may not commence under this contract until all conditions for commencement are met, including execution of the contract by both parties, compliance with insurance requirements, encumbrance of funds, and issuance of any required notice to proceed. 31. WORKPLACE SAFETY The 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. THIS FORM MUST NOT BE MODIFIED WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF THE COUNTY ATTORNEY. PMMD-45. REVISED 04/01/10
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SECTION C - SCOPE OF SERVICES: C.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 10,000 full and part time employees. The FY 2014 operating budget is approximately $4.81 billion. Additional information about Montgomery County, Maryland may be found online at: http://www.montgomerycountymd.gov. C.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 up to eight (8) 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.” It is through this dual approach the County intends to meet all request that are 50% or more funded by Capital Improvement Program (CIP) these are projects that are driven by demographics trends and land use plans in the growth and development of the County. C.3.
SCOPE OF WORK
C.3.1 General 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. Page 17
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C.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 Web, Internet and Intranet Application Development Wireless Networking C.3.3 Functional Area Descriptions C.3.3.1 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.
C.3.3.2 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. Page 18
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C.3.3.3 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 and quality control benchmarks. May include work on data warehouse initiatives.
C.3.3.4 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 enterprisewide applications.
C.3.3.5 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.
C.3.3.6 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.
C.3.3.7 Electronic Document Management Systems (EDMS) 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. Page 19
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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.
C.3.3.8 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. C.3.3.9 Enterprise Resource 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. C.3.3.10 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 Reengineering (BPR). Quality control and quality-assurance process management of automated and nonautomated 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.
C.3.3.11 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, 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. Page 20
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C.3.3.12 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.
C.3.3.13 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, multimedia, 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.
C.3.3.14 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, 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.
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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 (onsite, 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.
C.3.3.15 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. C.3.3.16 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.
C.3.3.17 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. C.3.3.18 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. Page 22
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C.3.3.19 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.
C.3.3.20 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.
C.3.3.21 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.
C.4 TASK ORDERS C.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 Page 23
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be precluded from subsequently competing on a task order(s) or solicitation(s) pertaining to that procurement, pursuant to Montgomery County Code Sec. 11B-52. The Contractor must adhere to all technical standards and procedures of the County, and as described in this solicitation. 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 accomplish 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.
C.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. Tasks orders that are funded 50% or more by Capital Improvements Program (CIP) funds will be issued under the LCATs Contract series. This is a mandatory County usage criteria. CIP funded task orders must be issued as LCATS Task Orders Proposal Requests (TOPRs) first, if the issuance results with no response. The County may re-issue the task order under the Montgomery County Consulting and Technical Services (MCCATs) contract. This does not prevent County Using Departments from issuing task orders, regardless of the funding source, under the LCATS Contract series. 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 Page 24
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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; The signed and dated 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 five (5) 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, Department of General Services via the County’s Chief Information Officer (CIO) or designee. The TOM must obtain the CIO’s approval before forwarding request to Director, Department of General Services, 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, Department of General Services. The approval of the Director, Department of General Services 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, Department of General Services who will indicate such approval by the issuance of a change order to the contractor.
C.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 Page 25
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accordance with Section D.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. Contractor and its employees and/or subcontractors should be aware that parking is at a premium at or near some County facilities and should plan accordingly. It is not the responsibility of the County to provide parking to Contractors and their employees and/or their subcontractors. The use of public transportation is encouraged. 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 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.
C.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.
C.4.5 Delays and Extensions 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.
C.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.
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C.5.
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STAFFING & PERSONNEL QUALIFICATIONS
C.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).
C.5.2 Experience Definitions C.5.2.1 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. C.5.2.2 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)).
C.5.3 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.
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Degree Experience Equivalence* Associates 1 year relevant experience
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Other Equivalence Vocational or technical training in work related field Professional certification
Bachelors
Associate degree + 2 years relevant experience, or 4 years relevant experience Masters Bachelors + 2 years relevant experience, or Associates + 4 Professional license years relevant experience 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.
C.5.4 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 TO without further obligation on behalf of the County, with the concurrence of the Director, Department of General Services 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 Page 28
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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, Department of General Services, in accordance with the General Terms and Conditions of any resultant contract(s) between the County and Contractor(s), #27, Termination for Default. C.5.5 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 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 Offeror under any resultant contract(s). Offeror shall be legally responsible for the performance and payment of the subcontractor(s). Names of any third party Offerors or subcontractors of Offeror may appear for purposes of convenience in task order documents; and shall not limit Offeror’s obligations hereunder. Third party subcontractors may serve as subcontractors to Offeror. Offeror will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).
C.5.6 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.
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C.5.7 Professionalism The Contractor’s personnel shall adhere to the same professional and ethical standards of conduct required of County personnel. Contractor personnel shall not: i) Discuss with unauthorized persons any information obtained in the performance of work under any Task Order not considered a public record; ii) Conduct business not directly related to the Task Order on County premises; iii) Use computer systems and/or other County facilities for company or personal business other than work related to the Task Order; and iv) Recruit on County premises or otherwise act to disrupt County business.
C.5.8 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.
C.5.9 Security & Background Checks 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.
ARTICLE 6.
LABOR CATEGORIES & QUALIFICATIONS
C.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:
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IT Staff, Expert IT Staff, Senior IT Staff, Intermediate IT Staff, Junior IT Staff, Intern
C.6.2 Specific Categories & Qualifications C.6.2.1 IT Staff, Expert Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS; Master’s preferred. General Experience: Eight to 15 years Specialized Experience: Six to 10 years
C.6.2.2 IT Staff, Senior Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS; Master’s preferred. General Experience: Six to 10 years Specialized Experience: Four to 6 years
C.6.2.3 IT Staff, Intermediate Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS; Master’s preferred. General Experience: Five to eight years. Specialized Experience: Three to five years.
C.6.2.4 IT Staff, Junior Duties: As described in the Task Order Proposal Request (TOPR). Page 31
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Education: BA or BS General Experience: Three to five years Specialized Experience: Two to three years
C.6.2.5 IT Staff, Intern Duties: As described in the Task Order Proposal Request (TOPR). Education: BA or BS General Experience: Two to three years Specialized Experience: One year.
C.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. C.7.1 Deliverable Acceptance Procedures 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 Using Department prior to the development of the specified Deliverable.
The Contractor will schedule and conduct a “Joint Application Design” (“JAD”) Session with the County Using Department at a mutually agreeable time during the development of the specified Deliverable.
When the Contractor has completed a Deliverable, the Contractor shall notify the County Using Department TOM in writing that the Deliverable is ready for review and shall provide the Deliverable to the County Using Department TOM.
Upon receipt of the Deliverable and with the Contractor's cooperation and assistance, the County will 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 longer period as may be mutually agreed upon (the “Review Period”) in the Task Order, to review the Deliverable 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) within the 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 the Review Period, the Contractor shall correct such non-conformity(ies) at its own expense. The Contractor Page 32
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shall notify the County in writing within ten (10) business days, or such other longer period as may be mutually agreed upon (the “Response Period”) in the Task Order, of the availability 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, the County Using Department will conduct an additional review of the revised Deliverable to verify whether 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”), after receipt of the revised Deliverable to review the Deliverable. If the County does not notify the Contractor of any nonconformity(ies) within the Acceptance Period, the County shall be deemed to have accepted each Deliverable.
C.7.2 Deliverable Acceptance Procedures for Software For each Software Deliverable specified in a Task Order, the following procedures must be followed: C.7.2.1 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 County Using Department TOM will conduct a User Acceptance Test of the Software to verify whether it conforms to the applicable specifications. The County shall have twenty (20) business days after receipt of the Software, or such other longer period as may be mutually agreed upon in the Task Order, (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, the Software satisfies the Software Acceptance Criteria (as defined in the table below), the County shall be deemed to have accepted the Software.
If the Software fails to meet the Software Acceptance Criteria, the Contractor shall correct such nonconformity(ies) at its own expense. The Contractor shall notify the County in writing within twenty (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, the County Using Department TOM will conduct an additional test of the revised Software to verify whether it conforms to the applicable specifications. The County shall have twenty (20) business days, or such other period as may be mutually agreed upon (the “Regression Test Period”) in the Task Order, after receipt of the revised Software to re-test the Software. If, at the conclusion of the Regression Test Period, the Software satisfies the Software Acceptance Criteria (as defined in table below), the County shall be deemed to have accepted the Software.
This iterative cycle of testing and correcting will continue until the Software Deliverable meets the Software Acceptance Criteria. Page 33
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C.7.2.2 Production Acceptance Period:
Following the completion of UAT, the Contractor, with the assistance from the County Using Department TOM, shall install the software in the production 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 County Using Department will commence a Production Acceptance Period to verify whether the Software conforms to the applicable specifications in the production environment. The Production Acceptance 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 Software Acceptance Criteria (as defined in table below), the County shall be deemed to have accepted the Software and the Contractor will be compensated per the payment schedule for the Deliverable as contained in the Task Order.
C.7.2.3 Post-Production Acceptance Period Issue Resolution
In the event that any material non-conformity(ies) remains uncorrected after the Production Acceptance Period, the County shall have the option of: (1) accepting the Software and converting the nonconformity(ies) to a warranty item; or (2) stopping use of the Software in the production environment in order to allow Contractor to correct the non-conformity(ies) at Contractor’s expense. Upon correction, the Contractor shall install the corrected software in the production environment and notify the County, in writing, that the non-conformity(ies) is corrected. The County will validate the correction.
This iterative cycle of testing and correcting will continue until the Software conforms to the applicable specifications in the production environment.
C.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.
C.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: Page 34
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Severity Level
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Number of Defects Allowed 0
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. 3 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. 7 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. Level 4 - Minor:
20
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. Software Acceptance Criteria
C.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.
C.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 Page 35
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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.
C.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.
C.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.
C.8.3 Quality Assurance System 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.
C.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) year thereafter. Contractor warrants that (i) Software and services furnished hereunder will conform to the requirements of the Task Order (including without limitation all descriptions, specifications, and drawings identified in the TO Statement of Work), and (ii) the Software deliverables will be-free from material defects in materials and workmanship. Where the parties have agreed to design specifications (such as a Detailed Design Document) and incorporated the same or equivalent in the TO Statement of Work directly or by reference, Contractor will warrant that its Software deliverables provide all material Page 36
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functionality required thereby. In addition to the other warranties set forth in contract, where a task order calls for delivery of Software, Contractor warrants that such Software will perform in accordance with its accompanying documentation. The County's approval of designs or specifications furnished by Contractor shall not relieve the Contractor of its obligations under this warranty. Contractor warrants that Software deliverables furnished hereunder (i) will be free, at the time of delivery, of harmful code (i.e. computer viruses, worms, trap doors, time bombs, disabling code, or any similar malicious mechanism designed to interfere with the intended operation of, or cause damage to, computers, data, or Software); and (ii) will not infringe or violate any U.S. Intellectual Property Right. Without limiting the generality of the foregoing, if the County believes that harmful code may be present in any Software delivered hereunder, Contractor will, upon the County's request, 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 any Software 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 arises directly from i) a modification made by the County, unless such modification is approved or directed by Contractor, ii) use of Software in combination with or on products other than as specified by Contractor, or iii) misuse by the County.
PROJECT MANAGEMENT & ENTERPRISE ARCHITECTURE
C.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. C.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. 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.
SECTION D - PERFORMANCE PERIOD D.1 TERM The effective date of this Contract begins upon signature by the Director, Department of General Services Page 37
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and ends after a two (2) year period. Before this term ends, the Director at his 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 exercise this option to renew this term three (3) time(s) for one year each. D.2. PRICE ADJUSTMENTS Prices 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: Approval or rejection by the Director, Department of General Services or designee Submitted in writing to the Director, Department of General Services 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. Submitted sixty (60) days prior to contract expiration date, if the contract is being amended. May not be approved which 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 shall be based upon the CPI for all urban consumers issued for the Washington-Baltimore, DC-MD-VA-WV Metropolitan area by the United States Department of Labor, Bureau of Labor Statistics for ALL ITEMS. The County will approve only one price adjustment for each contract term, if a price adjustment is approved. Should be effective sixty (60) days from the date of receipt of the contractor’s request. Executed by written contract amendment. SECTION E - METHOD OF AWARD/EVALUATION CRITERIA E.1
PROCEDURES a. 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 E.2.a. The QSC will also review an Offeror for responsibility b. Vendor interviews will not be conducted. c. The QSC will make its award recommendations for up to eight (8) of highest ranked Offerors based on the QSC’s written score and its responsibility determinations. d. The Using Department Head will review and forward the QSC recommendation with concurrence, objection, or amendment to the Director, Department of General Services. e. The Director, Department of General Services, may approve, approve with conditions, or reject the Using Department Head’s recommendation. f. Upon approval of a recommended award to a proposed awardee(s), by the Director, Department of General Services, the County will enter into negotiations with the proposed awardee(s). If a contract cannot be successfully negotiated with the proposed awardee, 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. g. After the successful conclusion of negotiations, the Director will publicly post the name(s) of the proposed awardee(s). The County reserves the right to cancel the solicitation. The solicitation cancellation will be publicly posted.
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EVALUATION CRITERIA a.
Written Proposal Evaluation Criteria
Evaluation Factors
Points
Offeror’s demonstrated expertise and capability to provide IT consulting and technical services to public sector entities as described / required in this RFP.
350
Offeror’s demonstrated understanding of and expertise with those technologies, platforms, tools and methodologies described in the County’s Enterprise Architecture document and the PMI Project Management Book of Knowledge®
200
Certification (of appropriate unit engagement team or division) of Offeror’s Project Management, Integration Services and/or Software Engineering operation in accordance with nationally or internationally recognized certification standards, e.g. ISO, CMMI, ITIL, etc.
100
Price (Attachment K, Price Sheet)
250
Qualifications of Selected Staff (As required under F.1. Proposal Submissions)
100
Maximum Possible Points:
1000
SECTION F - SUBMISSIONS
F.1
PROPOSAL SUBMISSIONS FAILURE OF AN OFFEROR TO SUBMIT ALL REQUIRED PROPOSAL SUBMISSIONS MAY RENDER YOUR PROPOSAL UNACCEPTABLE AS DETERMINED BY THE DIRECTOR, DEPARTMENT OF GENERAL SERVICES. Offerors must submit one original and three copies of their proposal, along with two sets of digital files on a CD-ROM in the format below. One set of files on the CD MUST be an exact imaged copy of the original signed proposal in PDF. The second set of files on the CD 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.) 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. Page 39
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Proposals must include the following information (including labeled sections numbered as shown): a. Cover Letter. (One page maximum) The Offeror must submit a cover letter which provides name, address, e-mail address, telephone, Federal ID, and facsimile numbers of the Offeror along with the name, title, address, e-mail address, telephone and facsimile numbers of the executive that has the authority to contract with the County. b. Acknowledgment. The Offeror must submit the Acknowledgement page of this solicitation signed by a person authorized to bind the Offeror to the proposal. (5 Page of RFP). c. References (General). Provide references of at least three 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. It is the Offeror’s responsibility to provide reference information and contacts which can be verified (Attachment A). d. Wage Requirements. If this solicitation is subject to the Wage Requirements Law (see page 1), then the Offeror must submit the appropriate Wage Requirements forms in Attachment G. Failure to submit and complete the required material information on the form(s) will make your proposal unacceptable under County law and will be rejected. e. Metropolitan Washington Council of Governments Rider Clause (Attachment B) f. Minority Business Program and Offeror’s Representation (Attachment C) g. Executive Summary. (Two pages maximum). The Offeror must 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. h. Background, Experience, Capability. In the sub-items below, the Offeror must 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: (1)
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 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.) Page 40
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Sub-Contract(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.)
(3)
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.
(4)
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.
i. Technical References. The Offeror must submit the completed Technical Reference Sheets with the accompanying High Level Preliminary Project Plan summary(ies). (Attachment M) j. 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. k. 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. l. Selected Staff Resumes. Offeror must submit five (5) resumes for selected staff as indicated below whose qualifications, education, duties, etc.. must conform to the specific requirements of Section C.5 (Staffing & Personnel Qualifications) of this RFP. Resumes must be no longer than two (2) singlesided, 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 J 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. (1)
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 Page 41
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automated systems applications to customers. Provides 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. (2)
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.
(3)
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.
(4)
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.
(5)
IT Staff, Intern (Geographic Information Systems Technician, Intern) Page 42
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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, 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.
m. Price Sheet. Offerors must complete the offering Price Sheet located at Attachment K 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. n. 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 L). o. Offeror Information. Offeror is required to submit the completed Offeror Information / Contractor Information Sheet found in Attachment N. p. Financial Statements. 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 less than twelve (12) months. MINIMUM REQUIREMENT: Offerors must have been in business a minimum of 12 months prior to the proposal submission deadline contained in this RFP. If providing less than three (3) years, Offeror must explain why the information is not available. q. 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 with whom the County will be contracting.
2.
AWARD SUBMISSIONS Prior to the execution of the contract, the following items must be submitted: a. Minority, Female, Disabled Person Subcontractor Performance Plan (contract value greater than $50,000) – Attachment D b. Offeror’s Certification of Cost and Price (contract value greater than $100,000) – Attachment E c. Certificate of Insurance (see mandatory insurance requirements) - Attachment F Awardee must provide the applicable insurance coverage and all costs for this coverage must be calculated into your proposal price. These insurance requirements supersede those found in the Provision #21 of the General Conditions between County and Contractor and are applicable to any contract executed as a result of this solicitation. Page 43
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d. 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. SECTION G - COMPENSATION The contractor will be paid on a monthly basis within 30 days of submission of an acceptable and proper invoice, approved by the County. G.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. G.2 Payments Payment of invoices will be due 30 days after receipt, acceptance and approval by the County. 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.
SECTION H - CONTRACT ADMINISTRATOR 1. AUTHORITY The Director, Department of General Services, is the delegated contracting officer. Therefore, the Director, Department of General Services, must approve amendments, modifications, or changes to the terms, conditions, or minority, female, and disabled subcontractor plans in writing. 2. USING DEPARTMENT The contract administrator for any contract(s) resulting from this solicitation will be: Mike Melvin Department of Technology Services 101 Monroe Street, 13th Floor Rockville, MD 20850 Phone: 240-773-8050
[email protected] The contract administrator’s duties include, but are not limited to the following: 1. Serve as liaison between the County and Contractor; 2. Give direction to the Contractor to ensure satisfactory and complete performance; Page 44
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3. 4. 5. 6.
Monitor and inspect the Contractor's performance to ensure acceptable timeliness and quality; Serve as Records Custodian for this contract, including Wage Requirements; Accept or reject the contractor's performance; Furnish timely written notice of the contractor's performance failures to the Director, Department of General Services and to the County Attorney, as appropriate; 7. Prepare required reports; 8. Approve or reject invoices for payment; 9. Recommend contract modifications or terminations to the Director, Department of General Services; 10. Issue notices to proceed; and 11. Monitor and verify compliance with any MFD Performance Plan.
SECTION I - SPECIAL TERMS AND CONDITIONS I.1
General Conditions of Contract Between Country and Contractor (GENERAL CONDITIONS)
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. I.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 67 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.
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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. I.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 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. I.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. I.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. SECTION J - ETHICS As a result of being awarded this contract the successful contractor may be ineligible for the award of related contracts. Montgomery County Code Sections 11B-52(b) and (c) state: 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: (1) Assist (a) another party in the matter; or Page 46
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(b) another person if the person has a direct and substantial interest in the matter; or (2) Seek or obtain an economic benefit from the matter in addition to payment to the contractor by the County.
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ATTACHMENT A REFERENCES (must 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 currently being serviced or supplied under similar contracts, or for whom work of a similar scope has been performed within the last year. Names for references shall be of individuals who directly supervised or had direct knowledge of the services or goods provided. Failure of an offeror to provide the County with references within the time frame as stated herein may result in the offeror being considered non-responsible. NAME OF FIRM: ADDRESS: CITY:
STATE:
CONTACT PERSON:
ZIP: PHONE:
NAME OF FIRM: ADDRESS: CITY:
STATE:
CONTACT PERSON:
ZIP: PHONE:
NAME OF FIRM: ADDRESS: CITY:
STATE:
CONTACT PERSON:
ZIP: PHONE:
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ATTACHMENT B METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS RIDER CLAUSE USE OF CONTRACT(S) BY MEMBERS COMPRISING THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS PURCHASING OFFICERS’ COMMITTEE. A. If authorized by the offeror(s), resultant contract(s) will be extended to any or all of the listed members as designated by the offeror to purchase at contract prices in accordance with contract terms. B. Any member utilizing such contract(s) will place its own order(s) directly with the successful Contractor. There shall be no obligation on the part of any participating member to utilize the contract(s). C. A negative reply will not adversely affect consideration of your proposal. D. It is the awarded vendor’s responsibility to notify the members shown below of the availability of the Contract(s). E. Each participating jurisdiction has the option of executing a separate contract with the awardee. Contracts entered into with a participating jurisdiction may contain general terms and conditions unique to that jurisdiction including, by way of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as an additional insured under any required Comprehensive General Liability policies, and venue. If, when preparing such a contract, the general terms and conditions of a jurisdiction are unacceptable to the awardee, the awardee may withdraw its extension of the award to that jurisdiction. F. The issuing jurisdiction shall not be held liable for any costs or damages incurred by another jurisdiction as a result of any award extended to that jurisdiction by the awardee.
OFFEROR’S AUTHORIZATION TO EXTEND CONTRACT: YES
NO
JURISDICTION Alexandria, Virginia Alexandria Public Schools Alexandria Sanitation Authority Arlington County, Virginia Arlington County Public Schools Bladensburg, Maryland Bowie, Maryland Charles County Public Schools College Park, Maryland Culpeper County, Virginia District of Columbia District of Columbia Courts District of Columbia Public Schools District of Columbia Water & Sewer Authority Fairfax, Virginia Fairfax County, Virginia Fairfax County Water Authority Falls Church, Virginia Fauquier County Schools & Government, Virginia Frederick, Maryland Frederick County, Maryland Gaithersburg, Maryland Greenbelt, Maryland Herndon, Virginia Leesburg, Virginia Loudoun County, Virginia Loudoun County Public Schools Loudoun County Sanitation Authority Manassas, Virginia City of Manassas Public Schools
YES
NO
Vendor Name
PMMD 147b Rev 08/13/08
B1
JURISDICTION Manassas Park, Virginia Maryland-National Capital Park & Planning Commission Metropolitan Washington Airports Authority Metropolitan Washington Council of Governments Montgomery College Montgomery County, Maryland Montgomery County Public Schools Northern Virginia Community College OmniRide Potomac & Rappahannock Transportation Commission Prince George’s County, Maryland Prince George’s County Public Schools Prince William County, Virginia Prince William County Public Schools Prince William County Service Authority Rockville, Maryland Spotsylvania County Schools Stafford County, Virginia Takoma Park, Maryland Upper Occoquan Sewage Authority Vienna, Virginia Virginia Railway Express Washington Metropolitan Area Transit Authority Washington Suburban Sanitary Commission Winchester, Virginia Winchester Public Schools
LSBRP Consulting and Technical Services 2
RFP # 1035345
ATTACHMENT C Minority Business Program & Offeror’s Representation It is the policy of the County to recruit actively, minority-owned businesses to provide goods and services to perform governmental functions pursuant to Section 11B-57 of the County Code. Minority-owned businesses are described in County law as Minority/Female/Disabled Person-owned businesses (MFD). MFD businesses include certain non-profit entities organized to promote the interests of persons with a disability demonstrating (on a contract by contract basis) that at least 51% of the persons used by the non-profit entity to perform the services or manufacture the goods contracted for by the County, are persons with a disability. MFD firms also include those firms that are 51% owned, controlled and managed by one or more members of a socially or economically disadvantaged minority group, which include African Americans who are not of Hispanic origin, Hispanic Americans, Native Americans, Asian Americans, Women and Mentally or Physically Disabled Persons. Section 7 – “Minority Contracting” Montgomery County Procurement Regulations specifies the procedure to be followed and will govern the evaluation of offers received pursuant to this solicitation. A copy of Section 7 of the Procurement Regulations is available upon request. Prior to awarding contracts with a value of $50,000 or more, a prospective Contractor (who is not a certified MFD firm) must demonstrate that a minimum percentage of the overall contract value as set by the County, will be subcontracted to certified MFD businesses. A decision as to whether the prospective Contractor has demonstrated a good faith effort to meet this subcontracting requirement will be made by the Director, Department of General Services or his/her designee, who may waive this requirement. A sample of the MFD Report of Payment Received is attached. This form is mailed to the MFD Subcontractor to complete for documentation of payment by the Prime contractor. It is not to be completed by the Prime contractor nor submitted with the MFD Subcontractor Performance Plan. The Director, Department of General Services or his /her designee determines whether a waiver of MFD subcontracting would be appropriate, under Section 7.3.3.5 of the Procurement Regulations. For further information regarding the MFD Business Program, please contact the MFD Program, Office of Business Relations and Compliance, at (240) 777-9912.
Offerors are encouraged (but not required) to complete the following: I hereby represent that this is a Minority Business firm as indicated below (CIRCLE ONE): AFRICAN AMERICAN
ASIAN AMERICAN
DISABLED PERSON
FEMALE
HISPANIC AMERICAN
NATIVE AMERICAN
Attach one of the following certification documents from: Maryland Department of Transportation (MDOT); Virginia Small, Women & Minority-Owned Business: Federal SBA 8(a); MD/DC Minority Supplier Development Council, Women’s Business Enterprise National Council; or City of Baltimore.
PMMD 90 Rev 08/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP #1035345
Montgomery County MFD Report of Payments Received For Office Use Office of Business Relations and Compliance SAMPLE ONLY! NOT TO BE USED BY PRIME MFD Subcontractor Company Name: Prime Contractor Company Name: Contract Number/Title: Project Location: MFD Subcontract Amount: $
PLEASE READ CAREFULLY BEFORE SIGNING
This certifies that for the month of , my company received $ rendered and/or materials supplied on the above contract. TOTAL AMOUNT OF SUBMITTED INVOICES TO DATE: $
for work performed, services
TOTAL PAYMENTS RECEIVED TO DATE: $ Are you experiencing any contract problems with the prime contractor and/or the project?
YES
NO
Comments:
I certify that the above information is true and accurate to the best of my record documentation and knowledge.
(TYPED/PRINTED COMPANY NAME) (TYPED/PRINTED NAME OF COMPANY OFFICIAL)
(TITLE)
(SIGNATURE OF COMPANY OFFICIAL)
(DATE)
( ) TELEPHONE
PMMD-97 Rev. 10/09
( FAX
)
E-MAIL
C2
Mail to: Alvin Boss, Program Specialist II 255 Rockville Pike, Ste. 180 Rockville, MD 20850
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
ATTACHMENT D Minority-Owned Business Addendum to the General Conditions of Contract Between County and Contractor, and its companion document “Minority, Female, Disabled Person Subcontractor Performance Plan”. A. This contract is subject to the Montgomery County Code and the Montgomery County Procurement Regulations regarding participation in the Minority-Female-Disabled Person (MFD) procurement program. B. Contractor must subcontract a percentage of the total dollar value of the contract, including all modifications and renewals, to certified minority owned businesses. The MFD subcontracting goal may be waived under appropriate circumstances by submission of a letter to the Office of Business Relations and Compliance. The letter must explain why a waiver is appropriate. The Director, Department of General Services or designee may waive, in whole or in part, the MFD subcontracting goal if the Director determines that a waiver is appropriate under Section 7.3.3.5 of the Montgomery County Procurement Regulations. In determining if a waiver should be granted, the Director may require the Contractor to submit additional information; the Director may require the Contractor to submit some or all of this information on forms approved by the Director. C. The attached MFD Subcontractor Performance Plan, which must be approved by the Director, is an integral part of the contract between County and Contractor. In a multi-term contract, Contractor must submit a MFD Subcontract Performance Plan to be in effect for the life of the contract, including any renewal or modification. D. Contractor must include in each subcontract with a minority owned business a provision that requires the use of binding arbitration with a neutral arbitrator to resolve disputes between the Contractor and the minority owned business subcontractor. This arbitration provision must describe how the cost of dispute resolution will be apportioned; the apportionment must not, in the judgment of the Director, attempt to penalize a minority owned business subcontractor for filing an arbitration claim. E. County approval of the MFD Subcontractor Performance Plan does not create a contractual relationship between the County and the minority owned business subcontractor. F. Contractor must notify and obtain prior written approval from the Director regarding any change in the MFD Subcontractor Performance Plan. G. Before receiving final payment under this contract, Contractor must submit documentation showing compliance with the MFD Subcontracting Performance Plan. Documentation may include, at the direction of the Director, invoices, copies of subcontracts with minority owned businesses, cancelled checks, affidavits executed by minority owned business subcontractors, waivers, and arbitration decisions. The Director may require Contractor to submit periodic reports on a form approved by the Director. The Director may conduct an on-site inspection for the purpose of determining compliance with the MFD Subcontractor Performance Plan. If this is a multi-term contract, final payment means the final payment due for performance rendered for each term of the contract. H. If the Contractor fails to submit documentation demonstrating compliance with the MFD Subcontractor Performance Plan, to the satisfaction of the Director, after considering relevant waivers and arbitration decisions, the Contractor is in breach of this contract. In the event of a breach of contract under this addendum, the Contractor must pay to the County liquidated damages equal to the difference between all amounts the Contractor has agreed under its Plan to pay minority owned business subcontractors and all amounts actually paid minority owned business subcontractors with appropriate credit given for any relevant waiver or arbitration decision. Contractor and County acknowledge that damages which would result to the County as a result of a breach under this addendum are difficult to ascertain, and that the liquidated damages provided for in this addendum are fair and reasonable in estimating the damage to the County of a breach of this addendum by Contractor. In addition, the County may terminate the contract. As the result of a breach under this addendum, the Director, Department of General Services, must find the Contractor non-responsible for purposes of future procurement with the County for the ensuing three years. PMMD-91 Rev. 10/09
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
MINORITY, FEMALE, DISABLED PERSON SUBCONTRACTOR PERFORMANCE PLAN Contractor’s Name: Address: City: Phone Number:
State: Fax Number:
Zip: Email:
CONTRACT NUMBER/PROJECT DESCRIPTION: A. Individual designated assigned by Contractor to monitor ensure Contractor's compliance with MFD Subcontractor Performance Plan: Name: Title: Address: City: Phone Number:
State: Fax Number:
Zip: Email:
B. This Plan covers the life of the contract from contract execution through the final contract expiration date. C. The percentage of total contract dollars, including modifications and renewals, to be paid to all certified minority owned business subcontractors, is ________% of the total dollars awarded to Contractor. D. Each of the following certified minority owned businesses will be paid the percentage of total contract dollars indicated below as a subcontractor under the contract. I hereby certify that the business (es) listed below are certified by one of the following: Maryland Department of Transportation (MDOT); Virginia Small, Woman and Minority Owned Business (SWAM); Federal SBA (8A); MD/DC Minority Supplier Development Council (MSDC); Women’s Business Enterprise National Council (WBENC); or City of Baltimore. Certification Letter must be attached. For assistance, call 240-777-9912. 1. Certified by: Subcontractor Name: Title: Address: City: Phone Number:
State: Fax Number:
Zip: Email:
CONTACT PERSON: Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN FEMALE HISPANIC AMERICAN The percentage of total contract dollars to be paid to this subcontractor: PMMD-65 Rev. 08/10
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DISABLED PERSON NATIVE AMERICAN
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
This subcontractor will provide the following goods and/or services:
2. Certified by: Subcontractor Name: Title: Address: City: Phone Number:
State: Fax Number:
Zip: Email:
CONTACT PERSON: Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN FEMALE HISPANIC AMERICAN The percentage of total contract dollars to be paid to this subcontractor: This subcontractor will provide the following goods and/or services:
DISABLED PERSON NATIVE AMERICAN
3. Certified by: Subcontractor Name: Title: Address: City: Phone Number:
State: Fax Number:
Zip: Email:
CONTACT PERSON: Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN FEMALE HISPANIC AMERICAN The percentage of total contract dollars to be paid to this subcontractor: This subcontractor will provide the following goods and/or services:
4. Certified By: Subcontractor Name: Title: Address: PMMD-65 Rev. 08/10
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DISABLED PERSON NATIVE AMERICAN
LSBRP Consulting and Technical Services 2 (LCATS 2) City: Phone Number:
RFP # 1035345
State: Fax Number:
Zip: Email:
CONTACT PERSON: Circle MFD Type: AFRICAN AMERICAN ASIAN AMERICAN FEMALE HISPANIC AMERICAN The percentage of total contract dollars to be paid to this subcontractor: This subcontractor will provide the following goods and/or services:
DISABLED PERSON NATIVE AMERICAN
E. The following language will be inserted in each subcontract with a certified minority owned business listed in D above, regarding the use of binding arbitration with a neutral arbitrator to resolve disputes with the minority owned business subcontractor; the language must describe how the costs of dispute resolution will be apportioned:
F. Provide a statement below, or on a separate sheet that summarizes maximum good faith efforts achieved, and/or the intent to increase minority participation through out the life of the contract or the basis for a full waiver request:
G. A full waiver request must be justified and attached. Full Waiver Approved:
Partial Waiver Approved: Date:
Date:
MFD Program Officer
MFD Program Officer
Full Waiver Approved:
Partial Waiver Approved: Date:
Date:
Director Department of General Services
Director Department of General Services
The Contractor submits this MFD Subcontractor Performance Plan (Plan Modification No. ) in accordance with the Minority Owned Business Addendum to General Conditions of Contract between County and Contractor. CONTRACTOR SIGNATURE USE ONE: 1. TYPE CONTRACTOR’S NAME: PMMD-65 Rev. 08/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
Signature Typed Name Date 2.
TYPE CORPORATE CONTRACTOR’S NAME:
Signature Typed Name Date I hereby affirm that the above named person is a corporate officer or a designee empowered to sign contractual agreements for the corporation. Signature Typed Name
Title
Date APPROVED: Director, Department of General Services
Date
Section 7.3.3.4(a) of the Procurement Regulations requires: The Contractor to notify the Director, Department of General Services of any proposed change to the Subcontractor Performance Plan.
PMMD-65 Rev. 08/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
ATTACHMENT E OFFEROR’S CERTIFICATION OF COST AND PRICE The Director, Department of General Services, has the authority to require that contract cost and pricing principles are followed. Cost and Pricing Data must be submitted by offerors or contractors in the attached format prior to the execution of any contract or contract amendment based on the following: 1. A competitively negotiated contract valued at more than $100,000. 2. A non-competitive contract valued at more than $50,000. 3. Any contract modification for which the price adjustment is expected to exceed $50,000, except contract modifications that are fully in accordance with the terms and conditions of the contract. 4. Any other contracts or contracts modification, as may be required by the CAO or Director. OFFEROR’S CERTIFICATION This cost proposal reflects our best estimates and/or actual costs as of this date and conforms to the cost exhibits and schedules provided by the County’s Office of Procurement. By submitting this proposal, the offeror grants the contracting officer or an authorized representative the right to examine, as the basis for pricing that will permit an adequate evaluation of the proposed price, books, records, documents, and other types of factual information, if specifically referenced or included in the cost proposal. The offeror also agrees that the price to the County, including profit or fee, may, at the option of the County, be adjusted to reduce the price to the County to the extent that the price was based on inaccurate, incomplete, or non-current data supplied by the offeror.
Name Title Name of Firm Date of Submission Signature of Authorized Representative
PMMD-92 Rev. 09/08
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
COST AND PRICE REQUIREMENTS By submitting your proposal, you, if selected for negotiation, grant 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 intended 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.
PMMD-88 Rev. 01/08
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
ATTACHMENT F MANDATORY INSURANCE REQUIREMENTS Prior to the execution of the contract by the County, the proposed awardee must obtain at their own cost and expense the following insurance with an insurance company/companies licensed to do 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. The Contractor's insurance shall be primary. 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 during and for two years following completion of the work. Professional Liability Professional liability insurance covering errors and omissions and negligent acts committed during the period of contractual relationship with the County with a limit of liability of at least one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate and a maximum deductible of $50,000. Contractor/proposer agrees to provide a one-year discovery period under this policy. 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: Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limits Bodily Injury by Disease - $100,000 each employee Additional Insured Montgomery County, Maryland, its elected and appointed officials, officers, consultants, agents and employees must be named as an additional insured on Contractor’s Commercial and Excess/Umbrella Insurance for liability arising out of contractor’s products, goods and services provided under this contract. 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 / Mike Melvin 101 Monroe Street, 13th Floor Rockville, Md 20850
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
ATTACHMENT G Wage Requirements for Services Contract Addendum to The General Conditions of Contract Between County and Contractor A.
This contract is subject to the wage requirements of Section 11B-33A of the Montgomery County Code. A County contract for the procurement of services must require the contractor and any of its subcontractors to comply with the wage requirements of this Section, subject to exceptions from coverage for particular contractors noted in 11B-33A(b) and for particular employees noted in 11B-33A(f).
B.
Conflicting requirements (11B-33A(g)): If any federal, state, or County law or regulation requires payment of a higher wage, that law or regulation controls. If any applicable collective bargaining agreement requires payment of a higher wage, that agreement controls.
C.
Nonprofit organizations who are exempt from the wage requirements under 11B-33A must specify the wage the organization intends to pay to those employees who will perform direct, measurable work under the contract, and any health insurance the organization intends to provide to those employees.
D.
A contractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor, to avoid the imposition of any requirements in 11B-33A.
E.
Each contractor and subcontractor covered under 11B-33A must: certify that it is aware of and will comply with the applicable wage requirements; keep and submit any verifiable records necessary to show compliance; and conspicuously post notices, approved and/or supplied by the County, informing employees of the wage requirements.
F.
An employer must comply with Section 11B-33A during the initial term of the contract and all subsequent renewal periods and must pay an increase adjustment in this wage rate, if any, automatically effective July 1 of each year. The County will adjust the wage rate by the annual average increase in the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or successor index, for the previous calendar year and must calculate the adjustment to the nearest multiple of 5 cents.
G.
An employer must not discharge or otherwise retaliate against an employee for asserting any right or filing a complaint of a violation, under the wage requirements.
H.
The sanctions under Section 11B-33(b), that apply to noncompliance with nondiscrimination requirements, apply with equal force and scope to noncompliance with the wage requirements under 11B-33A.
I.
The County may assess liquidated damages for any noncompliance by contractor with the Section 11B-33A wage requirements at the rate of 1% per day of the total contract amount, or for a requirements contract, the estimated annual contract value, for each day of the violation. This liquidated damages amount includes the amount of any unpaid wages, with interest. In the event of a breach of contract under this paragraph, the Contractor must pay to the County liquidated damages noted above, in addition to any other remedies available to the County. Contractor and County acknowledge that damages that would result to the County as a result of a breach under this paragraph are difficult to ascertain, and that the liquidated damages provided for in this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by Contractor. In addition, the contractor is jointly and severally liable for any noncompliance by a subcontractor. Furthermore, Contractor agrees that an aggrieved employee, as a third-party beneficiary, may by civil action enforce the payment of wages due under the Section 11B-33A wage requirements and recover from Contractor any unpaid wages with interest, a reasonable attorney’s fee, and damages for any retaliation for asserting any right or claim under the 11B-33A wage requirements.
J.
The Director may conduct random audits to assure compliance with Section 11B-33A. The Director may conduct an onsite inspection(s) for the purpose of determining compliance.
K.
If the Contractor fails, upon request by the Director, to submit documentation demonstrating compliance with Section 11B-33A to the satisfaction of the Director, the Contractor is in breach of this contract. In the event of a breach of contract under this paragraph, upon request by the County, the Contractor must pay to the County liquidated damages noted in paragraph I. above, in addition to any other remedies available to the County. Contractor and County acknowledge that damages that would result to the County as a result of a breach under this paragraph are difficult to ascertain, and that the liquidated damages provided for in this paragraph are fair and reasonable in estimating the damage to the County resulting from a breach of this paragraph by Contractor.
PMMD-177 04/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
Wage Requirements Certification (Montgomery County Code, Section 11B-33A)
Business Name Address Zip Code
City
State
Phone Number E-Mail Address
Fax Number
Please provide in the spaces below the contact name and information of the individual designated by your firm to monitor your compliance with the County’s wage requirements, unless exempt under Section 11B-33A(b) (see section B. below): Contact Name Phone Number
Title Fax Number
E-mail Address YOU MUST MARK ALL BOXES BELOW that apply in the event that you, as an “Offeror,” are awarded the contract and become a “Contractor”: A. Wage Requirements Compliance This Contractor as a “covered employer” will comply with the requirements under Section 11B-33A, Wage Requirements. Contractor and its subcontractors will pay all employees not exempt under the wage requirements, and who perform direct measurable work for the County, the wage requirements effective at the time the work is performed. The proposal price(s) submitted under this solicitation include(s) sufficient funds to meet the wage requirements. A “covered employer” must quarterly (January, April, July and October for the prior quarter) submit certified payroll records for all employees, and any subcontractor employees, governed by the Wage Requirements Law, for each payroll period to the Office of Business Relations and Compliance, Attn: Wage Program Manager. These payroll records must include the following: name; address; position/title; daily straight time hours worked; daily overtime hours worked; straight time hourly pay rate; overtime hourly pay rate; any deduction for health insurance; total gross wages paid for each period; and total net wages paid after any additions and deductions for each pay period. B. Exemption Status (if applicable) This Contractor is exempt from 11B-33A, “Wage Requirements,” because it is: 1. Reserved [Intentionally left blank]. 2. a contractor who, at the time a contract is signed: has received less than $50,000 from the County in the most recent 12-month period; and will be entitled to receive less than $50,000 from the County under that contract in the next 12-month period. Section 11B-33A(b) (2). 3. a contract with a public entity. Section 11B-33A(b) (3).
PMMD-177 04/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
4. a contract with a nonprofit organization that has qualified for an exemption from federal income taxes under Section 501(c) (3) of the Internal Revenue Code. Section 11B-33A(b) (4) (must complete item C below). 5. an employer to the extent that the employer is expressly precluded from complying with this Section by the terms of any federal or state law, contract, or grant. Section 11B-33A(b) (8) (must specify the law, or furnish a copy of the contract or grant). C. Nonprofit Wage & Health Information This Contractor is a Nonprofit organization that is exempt from coverage under Section 11B-33A(b) (4). Accordingly, the contractor has completed the 501(c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form which is attached. See Section11B-33A(c) (2). D. Nonprofit’s Comparison Price(s) (if desired) This Contractor is a Nonprofit organization that is opting to pay its covered employees the hourly rate specified in the wage requirements. Accordingly, Contractor is duplicating the blank quotation sheet on which it is submitting its price(s) in the IFB, and is submitting on this duplicate form its price(s) to the County had it not opted to pay its employees the hourly rate specified in the wage requirements. For bid evaluation purposes, this price(s) will be compared to price(s) of another Nonprofit organization(s) that is paying its employees an amount consistent with its exemption from paying the hourly rate under the wage requirements. This revised information on the duplicate quotation sheet must be clearly marked as your Nonprofit organization comparison price(s). In order to compare your price(s), the revised information on the duplicate quotation sheet must be submitted with your bid, must show how the difference between your price(s) and your Nonprofit organization comparison price(s) was calculated, and will not be accepted after the bid opening date. See Section 11B-33A(c) (2). E. Wage Requirements Reduction (if applicable) This Contractor is a “covered employer”, and it desires to reduce its hourly rate paid under the wage requirements by an amount equal to, or less than, the per employee hourly cost of the employer’s share of the health insurance premium. Contractor certifies that the per employee hourly cost of the employer’s share of the premium for that insurance is: $ . See Section 11B-33A(d).
Contractor Certification CONTRACTOR SIGNATURE: Contractor submits this certification form in accordance with Section 11B33A of the Montgomery County Code. Contractor certifies that it, and any and all of its subcontractors that perform services under the resultant contract with the County, adheres to Section 11B-33A of the Montgomery County Code. Authorized Signature
Title of Authorized Person
Typed or printed name
Date
.
PMMD-177 04/10
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
501(c) (3) Nonprofit Organization’s Employee’s Wage and Health Insurance Form
Business Name Address City Phone Number E-Mail Address
State
Zip Code
Fax Number
Please provide below the employee labor category of all employee(s) who will perform direct measurable work under this contract, the hourly wage the organization pays for that employee labor category, and any health insurance the organization intends to provide for that employee labor category: Employee Labor Category
Wage per Hour
Name of Health Insurance Provider(s) and Plan Name* (e.g. ABC Insurer, Inc. , HMO Medical and Dental)
NOTE: IF NO HEALTH INSURANCE PLAN IS PROVIDED PLEASE STATE “NONE”.
PMMD-177 04/10
G4
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
ATTACHMENT H Prevailing Wage Requirements for Construction Contract Addendum to the General Conditions of Contract between County and Contractor The Contractor and all Subcontractors must comply with the Prevailing Wage Law contained in Chapters 11B-33C and 20-75 of the Montgomery County Code. Prevailing wage means the wage rate paid by employers that is determined by a governmental authority, based upon a particular geographic area, for a given class of labor and type of project. The purpose of a prevailing wage is to ensure that construction workers who work on public works contracts are paid the going rate for their services. The prevailing wage rates are established by the State of Maryland and apply to all of the Contractor’s employees and any Subcontractors. The Contractor and any Subcontractors must comply with all of the requirements of the Prevailing Wage Law including, but not limited to, the following: 1. Pay employees the prescribed rate as annually established by the State of Maryland Commissioner of Labor and Industry; the prevailing wage rates in effect on the date a solicitation is issued will apply throughout the term of a contract resulting from that solicitation. 2. Pay employees overtime for work more than 10 hours in any single day, work more than 40 hours in a work week, or work on Sunday or legal holiday; 3. Classify employees in their proper work classification in conformance with the schedule established by the State of Maryland Commissioner of Labor and Industry; 4. Electronically submit payroll records through www.LCPTracker.net, within 14 days after the end of each payroll period, to verify that Prevailing Wage rates have been paid to employees. The payroll records must include the following: A. B. C.
The name, address and telephone number of the Contractor or Subcontractor; The name and location of the job; Each employee’s: a. Name; b. Current address unless previously reported; c. Specific work classification; d. Daily straight time and overtime hours; e. Total straight time and overtime hours for the payroll period; f. Rate of pay; g. Fringe benefits by type and amount; h. Gross wages.
5. If a Contractor or any Subcontractors are late in submitting copies of any payroll records required to be submitted under the Prevailing Wage Law, the County may deem Contractor’s invoice(s) submitted to the County for payment unacceptable until the Contractor and Subcontractors provide the required records; and, the County may postpone processing payments otherwise due under the Contract or under an agreement to finance the Contract; 6. The Contractor and all Subcontractors must retain all payroll records for a period not less than five (5) years after the Work is completed; 7.
The County may inspect the payroll records at any reasonable time and as often as it deems necessary;
8.
The County may perform random or regular audits and investigate any complaint of a violation of the Prevailing Wage Law;
9. In the event the County determines that a provision of the Prevailing Wage Law has been violated, the County may withhold payment to the Contractor in an amount sufficient to pay each employee of the Contractor or any Subcontractors the full amount of wages due under the Prevailing Wage Law, and an amount sufficient to satisfy a liability of a Contractor or any subcontractors for liquidated damages as provided under the Prevailing Wage Law, pending a final decision on the violation by the County; 10. Contractor may appeal a written decision of the Director, Department of General Services, that the Contractor violated a provision of the Prevailing Wage Law to the Chief Administrative Officer (“CAO”), within ten (10) days after receiving a copy of the decision. The CAO must designate a hearing officer to conduct a hearing upon receipt of a timely appeal. If the Contractor does not PMMD-185 Rev. 11/11
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345
appeal a written decision within ten (10) days after receipt, the decision of the Director, Department of General Services, becomes final and binding; 11. Contractor and all Subcontractors must not discharge, or otherwise retaliate against, an employee for asserting any right under the Prevailing Wage Law or for filing a complaint of a violation; 12. 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; and 13. Each Contract subject to the Prevailing Wage Law may specify the payment of liquidated damages to the County by the Contractor and any Subcontractors for any noncompliance with the Prevailing Wage Law. Liquidated damages are: $10 for each calendar day that the payroll records are late; $20 per day for each day that an employee is misclassified; and $50 per violation of the requirement to post the prevailing wage rates at the work site. 14. Where the initial Contract Sum is below the $500,000.00 threshold, but it is subsequently increased and exceeds the $500,000.00 threshold due to an approved Contract Modification, the amount of any such Contract Modification that causes the Contract Sum to exceed the $500,000.00 threshold is subject to the Prevailing Wage Law. 15. The Contractor and all Subcontractors must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the Work Site during the entire time Work is being performed, in English and any other language that is primarily spoken by the employees, at the Work Site.
PMMD-185 Rev. 11/11
H2
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP # 1035345 Attachment I
County Information Security Requirements Attachment I-1
AP6-7 Information Resources Security
Attachment I-2
AP6-1 Use of County-Provided Internet, Intranet, and Electronic Mail Services
Attachment I-3
Computer Security Guidelines (March 2009)
Computer Security Guideline
Department of Technology Services
Revision Information Effective Date: ___03_/_23_/_2009__ Last Revised Date: __03__/__23 /_2009__ Change History: Changer/Author Joan Cole
Description/What Changed 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.
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 DATA 6.1 Guideline 6.2 Laptop Hard Drive Encryption 6.3 USB Flash Drive Encryption 6.4 Portable/External Hard Drive Encryption
..10 ..10 .11 ..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.
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LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP Number 1035345 Attachment J
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 or qualifications.
Page J1 of 1
Attachment J
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP Number 1035345 Attachment K
Labor Rates Record the fully loaded hourly labor rates chargeable during first two years of the contract for on-site and offsite labor categories as defined. HOURLY LABOR RATES # LABOR CATEGORY On-Site Off-Site Price Price C.6.2.1
IT Staff, Expert
C.6.2.2
IT Staff, Senior
C.6.2.3
IT Staff, Intermediate
C.6.2.4
IT Staff, Junior
C.6.2.5
IT Staff, Intern
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP Number 1035345 Attachment L
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 Sub-Contract, Offeror must provide SubContractor contact information.
#
LABOR CATEGORY
C.6.2.1
IT Staff, Expert
C.6.2.2
IT Staff, Senior
C.6.2.3
IT Staff, Intermediate
C.6.2.4
IT Staff, Junior
C.6.2.5
IT Staff, Intern
IN-HOUSE
SUBCONTRACT
Sub-Contractor Contact Information
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP Number 1035345 Attachment M
Technical Reference (State, County, Municipal Contract Preferred; Federal and/or private sector acceptable) Complete one form for each of a minimum of three (3), but no more than five (5), different client references for which work similar to what is being requested in this RFP was performed as a contractor within the preceding 36 months. All information must be provided. (Do not exceed two pages in length.) Offeror’s name, RFP number, and client name must be written on each sheet. Attach additional separate sheet(s) labeled “High Level Preliminary Project Plan” if work was of a nature for which a Project Plan was required for the contract / engagement. Provide high level project plan summary immediately behind the Technical Reference sheet(s). (Do not exceed an additional two pages in length for Project Plan.)
Government / Client Company Name: Address, City, State, ZIP: Technical Contact Name:
Title:
Telephone Number/Extension:
E-mail Address:
Beginning Date of Work Performance:
Ending Date of Work Performance (or Ongoing)
Description of Work Performed and relevance to RFP (to include dollar value of contract / engagement / task order):
________________________________________ Offeror Signature / Date ________________________________________ Offeror Company Name / RFP
Page M1 of 1
Attachment M
LSBRP Consulting and Technical Services 2 (LCATS 2)
RFP Number 1035345 Attachment N
Offeror / Contractor Information Sheet Name: Company Address:
RFP/Contract #: Company Ph: Company Fax: Company E-mail:
*POC Contract Issues: (Name/Title)
*POC Service/Order Issues:
Ph:
Ph:
(Name/Title)
Fx:
Fx:
E-mail:
E-mail: Company Contract Signature Authority:
DUNS #:
Name: EIN: Title:
County Vendor #: (if previously assigned) *Point of Contact
Page N1 of 1
Attachment N
