BCCC ProjectSvcs
BCCC ProjectSvcs
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PROJECT SUPPORT SERVICES TORFP NUMBER ADPICS PO
TABLE OF CONTENTS
KEY INFORMATION SUMMARY SHEET ..................................................................................... V
SECTION 1 - ADMINISTRATIVE INFORMATION ....................................................................... 1
1.1 TORFP SUBJECT TO CATS+ MASTER CONTRACT ......................................................1
1.2 ROLES AND RESPONSIBILITIES .....................................................................................1
1.3 TO AGREEMENT.................................................................................................................1
1.4 TO PROPOSAL SUBMISSIONS .........................................................................................2
1.5 ORAL PRESENTATIONS ....................................................................................................2
1.6 QUESTIONS .........................................................................................................................2
1.7 TO PRE-PROPOSAL CONFERENCE .................................................................................2
1.8 CONFLICT OF INTEREST ..................................................................................................3
1.9 LIMITATION OF LIABILITY .............................................................................................3
1.10 CHANGE ORDERS ..............................................................................................................3
1.11 TRAVEL REIMBURSEMENT.............................................................................................3
1.12 MINORITY BUSINESS ENTERPRISE (MBE) ...................................................................3
1.13 VETERAN OWNED SMALL BUSINESS ENTERPRISE (VSBE) .....................................4
1.14 NON-DISCLOSURE AGREEMENT ...................................................................................4
1.15 LIVING WAGE .....................................................................................................................4
1.16 IRANIAN NON-INVESTMENT ..........................................................................................5
1.17 CONTRACT MANAGEMENT OVERSIGHT ACTIVITIES ..............................................5
1.18 MERCURY AND PRODUCTS THAT CONTAIN MERCURY..........................................5
1.19 PURCHASING AND RECYCLING ELECTRONIC PRODUCTS .....................................5
SECTION 2 - SCOPE OF WORK ........................................................................................................ 6
2.1 PURPOSE .................................................................................................................................6
2.2 REQUESTING AGENCY BACKGROUND ........................................................................6
2.3 PROJECT BACKGROUND .................................................................................................7
2.4 REQUIRED POLICIES, GUIDELINES AND METHODOLOGIES ...................................8
2.5 GENERAL REQUIREMENTS .............................................................................................9
2.6 PERFORMANCE AND PERSONNEL ..............................................................................17
2.7 DELIVERABLES................................................................................................................18
2.8 MINIMUM QUALIFICATIONS ........................................................................................29
2.9 TO CONTRACTOR AND PERSONNEL OTHER REQUIREMENTS .............................30
2.10 RETAINAGE ......................................................................................................................30
2.11 INVOICING ........................................................................................................................30
2.12 WORK ORDER PROCESS.................................................................................................32
SECTION 3 - TASK ORDER PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS
................................................................................................................................................................ 34
3.1 REQUIRED RESPONSE ....................................................................................................34
3.2 SUBMISSION .....................................................................................................................34
3.3 SUMMARY OF ATTACHMENTS ....................................................................................34
3.4 PROPOSAL FORMAT .......................................................................................................35
SECTION 4 - TASK ORDER AWARD PROCESS.......................................................................... 40
The TO Manager will assign tasks to the personnel provided under this TORFP and will track
and monitor the work being performed through the monthly accounting of hours deliverable for
work types; actual work produced will be reconciled with the hours reported.
• TO Contractor – The CATS+ Master Contractor awarded the TO Agreement. The TO
Contractor shall provide human resources as necessary to perform the services described in this
TORFP Scope of Work.
• TO Contractor Manager - TO Contractor Manager will serve as primary point of contact with
the TO Manager to regularly discuss progress of tasks, upcoming tasking, historical
performance, and resolve any issues that may arise pertaining to the TO contractor support
personnel. The TO Contractor Manager will serve as liaison between the TO Manager and the
senior TO Contractor management.
• TO Support Personnel – Any resource provided by the TO Contractor in support of this
TORFP over the course of the TORFP period of performance.
• Proposed Personnel – Any individual named in the TO Proposal by the Master Contractor to
perform work under the scope of this TORFP. Proposed personnel shall start as of TO
Agreement issuance unless specified otherwise.
1.3 TO AGREEMENT
Based upon an evaluation of TO Proposal responses, a Master Contractor will be selected to conduct
the work defined in Section 2 - Scope of Work. A specific TO Agreement, Attachment 3, will then be
entered into between the State and the selected Master Contractor, which will bind the selected Master
Contractor (TO Contractor) to the contents of its TO Proposal, including the TO Financial Proposal.
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1.6 QUESTIONS
All questions must be submitted via email to the TO Procurement Officer no later than the date and
time indicated in the Key Information Summary Sheet. Answers applicable to all Master Contractors
will be distributed to all Master Contractors who are known to have received a copy of the TORFP.
Answers can be considered final and binding only when they have been answered in writing by the
State.
A) Monthly reporting of MBE participation is required in accordance with the terms and conditions of
the CATS+ Master Contract by the 15th day of each month.
B) The TO Contractor shall provide a completed MBE Prime Contractor Paid/Unpaid MBE Invoice
Report (Attachment 2, Form D-5) to BCCC at the same time the invoice copy is sent.
C) The TO Contractor shall ensure that each MBE Subcontractor provides a completed Subcontractor
Paid/Unpaid MBE Invoice Report (Attachment 2, Form D-6).
D) Subcontractor reporting shall be sent directly from the subcontractor to the BCCC. The TO
Contractor shall email all completed forms, copies of invoices and checks paid to the MBE directly
to the TO Manager.
• The TO Contractor shall follow project management methodologies consistent with the Project
Management Institute’s Project Management Body of Knowledge Guide.
• TO Contractor assigned personnel shall follow a consistent methodology for all TO activities.
The Core PMO Team capability is intended to initially provide long term project management support
for the COTS ERP project. This includes but is not limited to the following requirements which apply
to all phases (SDLC Phases 3 – 8) of the project:
1. Directly oversee all members of the Core PMO Team (both core and additional services staff
provided by Work Order) to ensure that they have proper direction and guidance in the
execution of their duties.
2. Oversee the execution of all project management processes documented in the PMP to ensure
that all project management processes are effective managed in accordance with the State
SDLC and PMBOK best practices. The PM shall institute changes in project management
processes (and associated documentation) as necessary to ensure that the project is executed
within scope, budget and schedule and at an acceptable level of risk. Specific processes
include:
a. Scope Management
b. Schedule Management
c. Cost Management
d. Quality Management
e. Staffing Management
f. Communications Management
g. Risk Management
h. Procurement Management
i. Change Management
3. Serve as the primary focal point for communications between Agency leadership, project
stakeholders and members of the project team including both PMO and Implementation
Contractor personnel.
4. Serve as an advisor to the Agency Sponsor and the TO Manager to ensure that the project is
managed as effectively as possible.
5. In all cases where artifacts are created by Work Orders and accepted by BCCC, it shall be the
responsibility of the Core PMO Team to make all necessary changes and corrections to
documents during future phases of the project.
6. Provide the following services:
a. Requirements Management: Requirements Management includes the following
activities:
i. Overseeing and managing the process of identifying and documenting system
requirements by creation of functional and non-functional requirement
documents, “as-is” and “to-be” cross-functional flow diagrams and the
Requirements Traceability Matrix.
ii. Ensuring that requirements are implemented in the development of procurement
and/or design documents and recorded in the Requirements Traceability Matrix
(RTM).
iii. Ensuring that the testing process correctly tests system functionality based on
documented requirements.
iv. Ensure that all requirements documentation is updated and modified as
necessary over the course of the project.
b. Annual Information Technology Procurement Request (ITPR): Initially when the
project transitions from SDLC Phase 4 (Requirements to SDLC Phase 5 (Design) and
annually thereafter in conjunction with the budget process, the Core PMO Team shall
State of Maryland- Baltimore City Community College 10
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A 10% retainage will be held on all deliverables until completion of the Phase 4 to Phase 5 ITPR
Project Implementation Request (PIR) review has been approved by DoIT. During this review, all
project documentation is reviewed and will be approved by DoIT for the project to proceed to SDLC
Phase 5 which begins project implementation. See Section 2.10.Retainage.
Note: TO Contractor shall be responsible for maintaining and updating and maintaining the documents
described in this section for the remainder of the COTS ERP project.
5) Ensuring that issues and risks affecting other stakeholders are identified, analyzed and
addressed as necessary.
4. Participate in multiple business process review sessions. The College envisions approximately
twelve (12) facilitated sessions of the most critical business processes to be required.
5. Review a previous study that was undertaken in 2009 using it as the baseline for process review
by:
6. Updating the previous Business Process Review
7. Adding new processes to the Business Process Review
8. Update with any significant updates or additions made since 2009.
9. Be able to provide high level and detailed business process review. The outcome of this activity
shall provide a clear indication of the current business practices and the importance of those
practices with respect to the future selection of the ERP.
10. Provide the updated Business Process Documents as a deliverable. This includes specific
departmental processes that have changed and any new significant processes that have been
instituted since 2009.
1) Prepare training materials that will be needed to train personnel in the proper use of the
new system
2) Trainers who can perform “Train the Trainer” classes to train Agency personnel to
provide classes to other State Personnel
3) Trainers who can provide direct training to State employees who are to use the new
system.
2.7 DELIVERABLES
2.7.1 DELIVERABLE SUBMISSION
For every deliverable, the TO Contractor shall request that the TO Manager confirm receipt of that
deliverable by sending an Agency Receipt of Deliverable form (Attachment 8) with the deliverable.
The TO Manager will acknowledge receipt of the deliverable via email using the provided form.
For every deliverable, the TO Contractor shall submit by email a Deliverable Product Acceptance
Form (DPAF), provided as Attachment 9, to the TO Manager in MS Word (2007 or greater).
Unless specified otherwise, written deliverables shall be compatible with Microsoft Office,
Microsoft Project and/or Microsoft Visio versions 2007 or later. At the TO Manager’s discretion,
the TO Manager may request one hard copy of a written deliverable.
A standard deliverable review cycle will be elaborated and agreed-upon between the State and the
TO Contractor. This review process is entered into when the TO Contractor completes a
deliverable.
For any written deliverable, the TO Manager may request a draft version of the deliverable, to
comply with the minimum deliverable quality criteria listed in Section 2.7.3. Drafts of each final
deliverable, except status reports, are required at least two weeks in advance of when the final
deliverables are due (with the exception of deliverables due at the beginning of the project where
this lead time is not possible, or where draft delivery date is explicitly specified). Draft versions of
a deliverable shall comply with the minimum deliverable quality criteria listed in Section 2.7.3.
The TO Manager shall review a final deliverable to determine compliance with the acceptance
criteria as defined for that deliverable. The TO Manager is responsible for coordinating comments
and input from various team members and stakeholders. The TO Manager is responsible for
providing clear guidance and direction to the TO Contractor in the event of divergent feedback
from various team members.
The TO Manager will issue to the TO Contractor a notice of acceptance or rejection of the
deliverable in the DPAF (Attachment 9). Following the return of the DPAF indicating “Accepted”
and signed by the TO Manager, the TO Contractor shall submit a proper invoice in accordance
with the procedures in Section 2.11. The invoice must be accompanied by a copy of the executed
DPAF or payment may be withheld.
In the event of rejection, the TO Manager will formally communicate in writing any deliverable
deficiencies or non-conformities to the TO Contractor, describing in those deficiencies what shall
be corrected prior to acceptance of the deliverable in sufficient detail for the TO Contractor to
address the deficiencies. The TO Contractor shall correct deficiencies and resubmit the corrected
deliverable for acceptance within the agreed-upon time period for correction.
Subsequent reviews for a deliverable containing deficiencies will be limited to the original
deficiencies and the portions of the deliverable that were dependent on the deficiencies.
2.10 RETAINAGE
Ten (10) percent of the price shall be retained from all fixed price deliverables described in Section
2.5.2.2, Project Management Planning. These funds will be released upon approval by DoIT for the
BCCC ERP project to progress to Phase 5 (Implementation).
2.11 INVOICING
Invoice payments to the TO Contractor shall be governed by the terms and conditions defined in the
CATS+ Master Contract. Proper invoices for payment shall contain the TO Contractor's Federal Tax
Identification Number, as well as the information described below, and shall be submitted to the TO
Manager for payment approval.
Payment will only be made upon completion and acceptance of the deliverables as defined in Section
2.7.4.
2.11.4 TIME SHEET SUBMISSION AND ACCEPTANCE FOR T&M WORK ORDERS
This report is not required unless there are personnel working on T&M work orders.
Within three business days after the 15th and last day of the month, the TO Contractor shall submit to
the TO Manager a semi-monthly timesheet for the preceding half month providing data for all
personnel resources provided under T&M Work Orders. TO Contractor shall submit a DPAF form
with each timesheet to be used by the TO Manager to approve the timesheet.
At a minimum, each semi-monthly timesheet shall show:
A) Title: “Time Sheet for Work Order X”
B) Issuing company name, address, and telephone number
C) For each employee /resource:
a) Employee / resource name
b) For each week ending date, e.g., “Week Ending: mm/dd/yyyy” (weeks run Sunday through
Saturday)
(1) Tasks completed that week and the associated deliverable names and ID#s
(2) Number of hours worked each day
(3) Total number of hours worked that week
(4) Weekly variance above or below 40 hours
(5) Annual number of hours planned under the TO
(6) Annual number of hours worked to date
(7) Balance of hours remaining
(8) Annual variance to date (Sum of weekly variances)
D) Signature and date lines for the TO Manager
Upon approval of the Time Sheet, the TO Manager shall sign and return the DPAF form indicating
acceptance of the work.
3.2 SUBMISSION
The TO Proposal shall be submitted via two e-mails, each not to exceed 8 MB.
The TO Technical Proposal shall be contained in one email, with two attachments. This email shall
include:
• Subject line “CATS+ TORFP # R95R4400395 Technical” plus the Master Contractor Name
• One attachment labeled “TORFP # R95R4400395 Technical - Attachments” containing all
Technical Proposal Attachments (see Section 3.3 below), signed and in PDF format.
• One attachment labeled “TORFP # R95R4400395 Technical – Proposal” in Microsoft Word
format (2007 or later).
The TO Financial Proposal shall be contained in one email, with two attachments. This email shall
include:
• Subject line “CATS+ TORFP # # R95R4400395 Financial” plus the Master Contractor Name
• One attachment labeled “TORFP # R95R4400395 Financial” containing the Financial Proposal
contents, signed and in PDF format.
• One attachment labeled “TORFP # R95R4400395 Financial” containing the Financial
Proposal contents, signed and in Microsoft Excel format
For each identified contract, the Master Contractor shall provide the following (if not
already provided in sub paragraph 1 above):
a) Contract or task order name
b) Name of organization.
c) Point of contact name, title, email, and telephone number (point of contact shall be
accessible and knowledgeable regarding experience)
d) Start and end dates for each engagement or contract. If the Master Contractor is no
longer providing the services, explain why not.
e) Dollar value of the contract.
f) Indicate if the contract was terminated before the original expiration date.
g) Indicate if any renewal options were not exercised.
Note - State of Maryland experience can be included as part of Section 2 above as
engagement or contract experience. State of Maryland experience is neither required nor
given more weight in proposal evaluations.
H) State Assistance
Provide an estimate of expectation concerning participation by State personnel.
I) Confidentiality
A Master Contractor should give specific attention to the identification of those portions of
its proposal that it considers confidential, proprietary commercial information or trade
secrets, and provide justification why such materials, upon request, should not be disclosed
by the State under the Public Information Act, Title 10, Subtitle 6, of the State Government
Article of the Annotated Code of Maryland. Contractors are advised that, upon request for
this information from a third party, the TO Procurement Officer will be required to make an
independent determination regarding whether the information may be disclosed.
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of
my knowledge, information, and belief.
Project Number:
List Information For Each Certified MBE Subcontractor On This Project
Minority Firm Name MBE Certification Number
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
FEIN
Identify the Applicable Certification Category (For Dually Certified Firms, Check Only One Category)
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of
my knowledge, information, and belief.
_________________________________ ____________________________________
Bidder/Offeror Name Signature of Affiant
(please print or type)
Name:
Title:
Date:
Complete and submit this form within 10 working days of notification of apparent award or
actual award, whichever is earlier.
In conjunction with the bid or offer submitted in response to Solicitation No. _________,
Bidder/Offeror states the following:
1. Bidder/Offeror identified opportunities to subcontract in these specific work categories.
2. Attached to this form are copies of written solicitations (with bidding instructions) used to
solicit MDOT certified MBEs for these subcontract opportunities.
3. Bidder/Offeror made the following attempts to contact personally the solicited MDOT certified
MBEs.
4. Select ONE of the following:
This project does not involve bonding requirements.
OR
Bidder/Offeror assisted MDOT certified MBEs to fulfill or seek waiver of bonding
requirements (describe efforts).
5. Select ONE of the following:
Bidder/Offeror did/did not attend the pre-bid/proposal conference.
OR
No pre-bid/proposal conference was held.
Address: _____________________________________
_____________________________________
Work To Be Performed
The undersigned Prime Contractor and Subcontractor hereby certify and agree that they have fully
complied with the State Minority Business Enterprise law, State Finance and Procurement Article §14-
308(a)(2), Annotated Code of Maryland which provides that, except as otherwise provided by law, a
contractor may not identify a certified minority business enterprise in a bid or proposal and:
(1) fail to request, receive, or otherwise obtain authorization from the certified minority business
enterprise to identify the certified minority business enterprise in its bid or proposal;
(2) fail to notify the certified minority business enterprise before execution of the contract of its
inclusion of the bid or proposal;
(3) fail to use the certified minority business enterprise in the performance of the contract; or
(4) pay the certified minority business enterprise solely for the use of its name in the bid or
proposal.
Prime Contractor Signature Subcontractor Signature
By: _______________________________ By: _______________________________
Name, Title Name, Title
Date Date
**If more than one MBE subcontractor is used for this contract, you must use separate D-5 forms.
**Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date
is preferred):
(TO MANAGER OF APPLICABLE POC NAME, (AGENCY MBE LIASION OR APPLICABLE
TITLE) POC NAME, TITLE)
(AGENCY NAME) (AGENCY NAME)
(ADDRESS, ROOM NUMBER) (ADDRESS, ROOM NUMBER)
(CITY, STATE ZIP) (CITY, STATE ZIP)
(EMAIL ADDRESS) (EMAIL ADDRESS)
List all payments received from Prime Contractor List dates and amounts of any unpaid invoices over
during reporting period indicated above. 30 days old.
Invoice Amount Date Invoice Amount Date
1. 1.
2. 2.
3. 3.
4. 4.
**Return one copy of this form to the following address (electronic copy with signature & date is preferred):
A waiver may only be granted upon a reasonable demonstration by that MBE participation
could not be obtained or could not be obtained at a reasonable price.
If the waiver request is determined not to meet this standard, the bidder or offeror will be found
non-responsive (bid) or not reasonably susceptible for award (proposal) and removed from
further consideration.
B. A waiver of a certified MBE contract goal may be granted only upon reasonable demonstration
by the bidder or offeror that certified MBE participation was unable to be obtained or was
unable to be obtained at a reasonable price and if the agency head or designee determines that
the public interest is served by a waiver. In making a determination under this section, the
agency head or designee may consider engineering estimates, catalogue prices, general market
availability, and availability of certified MBEs in the area in which the work is to be performed,
other bids or offers and subcontract bids or offers substantiating significant variances between
certified MBE and non-MBE cost of participation, and their impact on the overall cost of the
contract to the State and any other relevant factor.
The statements contained above are, to the best of my knowledge and belief, true and accurate.
_____________________________________________________________________________
(Name) (Title)
_____________________________________________________________________________
(Number) (Street) (City) (State) (Zip)
_____________________________________________________________________________
(Signature) (Date)
_____________________________________________________________________________
(Name) (Title) (Phone)
_____________________________________________________________________________
(Signature) (Fax Number)
This Task Order Agreement (“TO Agreement”) is made this day of Month, 20XX by and between
________________________________ (TO Contractor) and the STATE OF MARYLAND, BCCC.
IN CONSIDERATION of the mutual premises and the covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions. In this TO Agreement, the following words have the meanings indicated:
a) “Agency” means the BCCC, as identified in the CATS+ TORFP # R95R4400395.
b) “CATS+ TORFP” means the Task Order Request for Proposals # R95R4400395, dated MONTH
DAY, YEAR, including any addenda.
c) “Master Contract” means the CATS+ Master Contract between the Maryland Department of
Information Technology and TO Contractor dated MONTH DAY, YEAR.
d) “TO Procurement Officer” means TO Procurement Officer. The Agency may change the TO
Procurement Officer at any time by written notice to the TO Contractor.
e) “TO Agreement” means this signed TO Agreement between BCCC and TO Contractor.
f) “TO Contractor” means the CATS+ Master Contractor awarded this TO Agreement, whose
principal business address is ___________________________________________.
g) “TO Manager” means TO Manager of the Agency. The Agency may change the TO Manager at any
time by written notice to the TO Contractor.
h) “TO Technical Proposal” means the TO Contractor’s technical response to the CATS+ TORFP
dated date of TO Technical Proposal.
i) “TO Financial Proposal” means the TO Contractor’s financial response to the CATS+ TORFP dated
date of TO Financial Proposal.
j) “TO Proposal” collectively refers to the TO Proposal – Technical and TO Proposal – Financial.
2. Scope of Work
2.1 This TO Agreement incorporates all of the terms and conditions of the Master Contract and shall not in
any way amend conflict with or super-cede the Master Contract.
2.2 The TO Contractor shall, in full satisfaction of the specific requirements of this TO Agreement, provide
the services set forth in Section 2 of the CATS+ TORFP. These services shall be provided in accordance
with the Master Contract, this TO Agreement, and the following Exhibits, which are attached and
incorporated herein by reference. If there is any conflict among the Master Contract, this TO
Agreement, and these Exhibits, the terms of the Master Contract shall govern. If there is any conflict
between this TO Agreement and any of these Exhibits, the following order of precedence shall
determine the prevailing provision:
a) The TO Agreement,
b) Exhibit A – CATS+ TORFP
c) Exhibit B – TO Technical Proposal
d) Exhibit C – TO Financial Proposal
_____________________________________ ____________________________
By: Type or Print TO Contractor POC Date
Witness: _______________________
_____________________________________ ____________________________
By: Dr. Carolyn Anderson, Interim President Date
Witness: _______________________
Instructions: Enter resume information in the fields below; do not submit other resume formats.
Submit one resume for each proposed resource
Candidate Name:
Master Contractor:
A. Education / Training
Degree / Year Field Of
Institution Name / City / State
Certification Completed Study
C. Employment History
List employment history, starting with the most recent employment first
Organization Reason for
Start and End Dates Job Title or Position
Name Leaving
*“Candidate Relevant Experience” section must be filled out. Do not enter “see resume” as a response.
D. References
List persons the State may contact as employment references
Organization Telephone /
Reference Name Job Title or Position
Name Email
The information provided on this form for this labor category is true and correct to the best of my
knowledge:
Master Contractor Representative:
Proposed Individual:
__________________________________ _______________
Signature Date
SUBMIT WITH TO PROPOSAL AS INSTRUCTED IN TORFP.
TO Contractor Name
TO Contractor Mailing Address
Enclosed is an original, fully executed Task Order Agreement and purchase order.
Sincerely,
TO Procurement Officer
Enclosures (2)
cc: TO Manager
Procurement Liaison Office, Department of Information Technology
Project Oversight Office, Department of Information Technology
__________________________________ __________________________________
TO Manager Signature Date Signed
__________________________________ __________________________________
TO Contractor’s Project Manager Signature Date Signed
To:
The following deliverable, as required by TO Project Number (TORFP #):R95R4400395 has been
received and reviewed in accordance with the TORFP.
Title of deliverable: ____________________________________________________________
TORFP Contract Reference Number: Section # __________
Deliverable Reference ID # _________________________
This deliverable:
Is accepted as delivered.
OTHER COMMENTS:
__________________________________ _________________________________
TO Manager Signature Date Signed
This Non-Disclosure Agreement (the “Agreement”) is made this ___ day of ________ 20__, by and between
_________________________ (hereinafter referred to as "the OFFEROR ") and the State of Maryland (hereinafter referred
to as "the State").
OFFEROR warrants and represents that it intends to submit a TO Proposal in response to CATS+ TORFP # R95R4400395
for TORFP Title. In order for the OFFEROR to submit a TO Proposal, it will be necessary for the State to provide the
OFFEROR with access to certain confidential information including, but not limited, to _____________________. All such
information provided by the State shall be considered Confidential Information regardless of the form, format, or media
upon which or in which such information is contained or provided, regardless of whether it is oral, written, electronic, or
any other form, and regardless of whether the information is marked as “Confidential Information”. As a condition for its
receipt and access to the Confidential Information described above, the OFFEROR agrees as follows:
1. OFFEROR will not copy, disclose, publish, release, transfer, disseminate or use for any purpose in any form any
Confidential Information received, except in connection with the preparation of it’s TO Proposal.
2. Each employee or agent of the OFFEROR who receives or has access to the Confidential Information shall
execute a copy of this Agreement and the OFFEROR shall provide originals of such executed Agreements to the
State. Each employee or agent of the OFFEROR who signs this Agreement shall be subject to the same terms,
conditions, requirements and liabilities set forth herein that are applicable to the OFFEROR.
3. OFFEROR shall return the Confidential Information to the State within five business days of the State’s Notice of
recommended award. If the OFFEROR does not submit a Proposal, the OFFEROR shall return the Confidential
Information to TO Procurement Officer, BCCC on or before the due date for Proposals.
4. OFFEROR acknowledges that the disclosure of the Confidential Information may cause irreparable harm to the
State and agrees that the State may obtain an injunction to prevent the disclosure, copying, or other impermissible
use of the Confidential Information. The State’s rights and remedies hereunder are cumulative and the State
expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect
the Confidential Information and/or to seek damages for the OFFEROR’S failure to comply with the requirements
of this Agreement. The OFFEROR consents to personal jurisdiction in the Maryland State Courts.
5. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example
only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the OFFEROR
or any employee or agent of the OFFEROR to comply with the requirements of this Agreement, OFFEROR and
such employees and agents of OFFEROR shall hold harmless and indemnify the State from and against any such
losses, damages, liabilities, expenses, and/or costs.
6. This Agreement shall be governed by the laws of the State of Maryland.
7. OFFEROR acknowledges that pursuant to Section 11-205.1 of the State Finance and Procurement Article of the
Annotated Code of Maryland, a person may not willfully make a false or fraudulent statement or representation of
a material fact in connection with a procurement contract. Persons making such statements are guilty of a felony
and on conviction subject to a fine of not more than $20,000 and/or imprisonment not exceeding 5 years or both.
OFFEROR further acknowledges that this Agreement is a statement made in connection with a procurement
contract.
8. The individual signing below warrants and represents that they are fully authorized to bind the OFFEROR to the
terms and conditions specified in this Agreement. If signed below by an individual employee or agent of the
OFFEROR under Section 2 of this Agreement, such individual acknowledges that a failure to comply with the
requirements specified in this Agreement may result in personal liability.
RECITALS
WHEREAS, the TO Contractor has been awarded a Task Order Agreement (the “TO Agreement”) for TORFP
Title TORFP No. R95R4400395 dated ______________, (the “TORFP) issued under the Consulting and Technical
Services procurement issued by the Department, Project Number 060B2490023; and
WHEREAS, in order for the TO Contractor to perform the work required under the TO Agreement, it will be
necessary for the State to provide the TO Contractor and the TO Contractor’s employees and agents (collectively the “TO
Contractor’s Personnel”) with access to certain confidential information regarding ________________________________
(the “Confidential Information”).
NOW, THEREFORE, in consideration of being given access to the Confidential Information in connection with
the TORFP and the TO Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the
parties acknowledge the parties do hereby agree as follows:
1. Confidential Information means any and all information provided by or made available by the State to the TO
Contractor in connection with the TO Agreement, regardless of the form, format, or media on or in which the
Confidential Information is provided and regardless of whether any such Confidential Information is marked as
such. Confidential Information includes, by way of example only, information that the TO Contractor views, takes
notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to
and use of by the State in relation to the TO Agreement.
2. TO Contractor shall not, without the State’s prior written consent, copy, disclose, publish, release, transfer,
disseminate, use, or allow access for any purpose or in any form, any Confidential Information provided by the
State except for the sole and exclusive purpose of performing under the TO Agreement. TO Contractor shall limit
access to the Confidential Information to the TO Contractor’s Personnel who have a demonstrable need to know
such Confidential Information in order to perform under the TO Agreement and who have agreed in writing to be
bound by the disclosure and use limitations pertaining to the Confidential Information. The names of the TO
Contractor’s Personnel are attached hereto and made a part hereof as Exhibit A. Each individual whose name
appears on Exhibit A shall execute a copy of this Agreement and thereby be subject to the terms and conditions of
this Agreement to the same extent as the TO Contractor. TO Contractor shall update Exhibit A by adding
additional names as needed, from time to time.
3. If the TO Contractor intends to disseminate any portion of the Confidential Information to non-employee agents
who are assisting in the TO Contractor’s performance of the TORFP or who will otherwise have a role in
performing any aspect of the TORFP, the TO Contractor shall first obtain the written consent of the State to any
such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its
sole and absolute subjective discretion.
4. TO Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or
establish operating procedures and physical security measures, and to take all other measures necessary to protect
the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all
or any portion of the Confidential Information from falling into the public domain or into the possession of
persons not bound to maintain the confidentiality of the Confidential Information.
5. TO Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or
disclosure of the Confidential Information by any of the TO Contractor’s Personnel or the TO Contractor’s former
Personnel. TO Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other
equitable relief against any such person(s).
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CONTACT ITPO FOR THE LOCATION OF THE LATEST VSBE FORMS. VSBE FORMS WILL BE
POSTED ON THE CATS+ WEBSITE ONCE THEY ARE FINALIZED.
This Work Order is issued under the provisions of the MITDP Project Management Support Services Task Order under the CATS+
contract. The services authorized are within the scope of services set forth in the Purpose of the work order.
Purpose
Statement of Work
Requirements:
*Include WBS, schedule and response to requirements. BCCC shall pay an amount not to $
exceed:
TO Contractor Agency Approval
*Project Personnel must maintain a “Satisfactory” rating for each performance area. The TO
Contractor shall take action to address any unsatisfactory rating. At the TO Manager’s discretion,
employee performance may be rejected and payment withheld pending employee performance
mitigation or employee substitution.
OTHER COMMENTS:
3
Scope Management
2
Cost Management
Risk 1 Time
0
Risk Management
Human Resources Management
Quality Management
Communications Cost
Communications Management
Integration Management
HR Quality
Total Average Score
**Rating is based on Project Management
Performance Rating Criteria Sheet. The
Project Team should maintain score of 3 or
higher for each process area and/or average
score of 3. Scores below 3 may trigger the
Mitigation Procedures defined in Section 5
above.
Performance is acceptable Performance is unacceptable
(for reasons indicated below).
REASON(S) FOR UNACCEPTABLE PERFORMANCE RATING (List Deliverables or PM Process Areas):
__________________________________ _________________________________
Project Team is utilizing full project management processes for the project.
4 Projects managed and evaluated in light of other competing requirements.
Project Team’s effectiveness and efficiency metrics drive project scope decisions
5 by appropriate levels of management.
Project Time/Schedule Management
0 Not applicable for project. Indicators of Process
Project Team has not established planning or scheduling standards. Lack of • WBS
1 documentation makes it difficult to achieve repeatable project success. • Schedule Management
Project Team has established basic processes, but is not performing planning Plan
2 and scheduling on a regular basis. • Activities duration
based on historic data
Project Team has established document time management processes and
utilizes on a regular basis. Project-wide integration includes project
3 dependencies.
Project Team has established good practices in time management including
4 utilization of historical data to forecast future performance. Project
Project Team has best practices for standard quality management processes.
Management is actively involved in coordinating quality standards and
4 assurance. Some metrics are developed.
Project Team has implemented guidelines for implementing improvements back
into the process. Metrics are key to product quality decisions throughout the
5 SDLC.
Project Human Resource Management
0 Not applicable for project. Indicators of Process
Project Team has not performed planning and staffing activities for project. • Organization Chart
1 Project teams are ad hoc. Human resource time and cost is not measured. • Roles and
Project Team has put processes in place that defines how to plan and manage responsibilities matrix
2 human resources. Resource tracking is loosely performed for project. • Staffing Management
Plan
Project Team has established a regularly resource management process.
Professional development program activities for team and organization have • Team Training Plan
3 been established for successful implementation of project. • Team performance
assessment
Project Team has implemented resource management best practices including
4 resource forecasts used for project planning and prioritization. Project team