Maryland Board of Physicians Rehab RFP

expired opportunity(Expired)
From: Maryland(State)
MDH OPASS # 21-18481

Basic Details

started - 13 May, 2020 (about 3 years ago)

Start Date

13 May, 2020 (about 3 years ago)
due - 29 Jun, 2020 (about 3 years ago)

Due Date

29 Jun, 2020 (about 3 years ago)
Bid Notification

Type

Bid Notification
MDH OPASS # 21-18481

Identifier

MDH OPASS # 21-18481
State Of Maryland

Customer / Agency

State Of Maryland
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STATE OF MARYLAND MARYLAND BOARD OF PHYSICIANS MBP REQUEST FOR PROPOSALS (RFP) MARYLAND BOARD OF PHYSICIANS REHABILITATION PROGRAM RFP NUMBER 21-18481 ISSUE DATE: MAY 13, 2020 NOTICE TO OFFERORS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. NOTICE A Prospective Offeror that has received this document from a source other than eMarylandMarketplace (eMMA) https://emma.maryland.gov/should register on eMMA. See Section 4.2. MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS
SOLICITATION. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page ii of 113 VENDOR FEEDBACK FORM To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information). Title: Maryland Board of Physicians Rehabilitation Program Solicitation No: 21-18481 1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:  Other commitments preclude our participation at this time  The subject of the solicitation is not something we ordinarily provide  We are inexperienced in the work/commodities required  Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)  The scope of work is beyond our present capacity  Doing business with the State is simply too complicated. (Explain in REMARKS section)  We cannot be competitive. (Explain in REMARKS section)  Time allotted for completion of the Proposal is insufficient  Start-up time is insufficient  Bonding/Insurance requirements are restrictive (Explain in REMARKS section)  Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)  MBE or VSBE requirements (Explain in REMARKS section)  Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section)  Payment schedule too slow  Other: __________________________________________________________________ 2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.) REMARKS: ____________________________________________________________________________________ ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: _________________________________ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ________________________________________________________________ Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page iii of 113 STATE OF MARYLAND MARYLAND BOARD OF PHYSICIANS KEY INFORMATION SUMMARY SHEET Request for Proposals Services - Maryland Board of Physicians Rehabilitation Program Solicitation Number: 21-18481 RFP Issue Date: May 13, 2020 RFP Issuing Office: Maryland Board of Physicians (Board) Procurement Officer: Dana Dembrow Office of Procurement and Support Services 201 W. Preston Street Baltimore, Md. 21201 e-mail: Office Phone: mdh.solicitationquestins@maryland.gov 410-767-0974 Proposals are to be submitted to: Proposals will be accepted through the State's eMaryland Marketplace Advantage (eMMA) e-Procurement system. Instructions on how to submit bids electronically can be found at: https://procurement.maryland.gov/wp- content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to- Solicitations-Double-Envelope-v2.pdf Pre-Proposal Conference: Thursday May 28, 2020 1:00pm Local Time Via Webex Phone: 1-712-832-8330 Pin: 5065913 Questions Due Date and Time Monday June 22, 2020 2:00pm Local Time Proposal Due (Closing) Date and Time: Monday June 29, 2020 2:00pm Local Time Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv). MBE Subcontracting Goal: 0% VSBE Subcontracting Goal: 0% Contract Type: Indefinite quantity with fixed unit prices. Contract Duration: Five (5) years base period Primary Place of Performance: as proposed by Offeror SBR Designation: Yes https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page iv of 113 Federal Funding: No Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page v of 113 TABLE OF CONTENTS – RFP 1 Minimum Qualifications 1 1.1 Offeror Minimum Qualifications ................................................................................................. 1 2 Contractor Requirements: Scope of Work 2 2.1 Summary Statement ..................................................................................................................... 2 2.2 Background and Purpose ............................................................................................................. 2 2.3 Responsibilities and Tasks........................................................................................................... 3 2.4 Deliverables ............................................................................................................................... 13 3 Contractor Requirements: General 15 3.1 Contract Initiation Requirements ............................................................................................... 15 3.2 End of Contract Transition ........................................................................................................ 15 3.3 Invoicing .................................................................................................................................... 16 3.4 Liquidated Damages .................................................................................................................. 18 3.5 Disaster Recovery and Data ...................................................................................................... 18 3.6 Insurance Requirements ............................................................................................................ 19 3.7 Security Requirements ............................................................................................................... 20 3.8 Problem Escalation Procedure ................................................................................................... 26 3.9 SOC 2 Type 2 Audit Report ...................................................................................................... 26 3.10 Experience and Personnel .......................................................................................................... 26 3.11 Substitution of Personnel ........................................................................................................... 27 3.12 Minority Business Enterprise (MBE) Reports ........................................................................... 30 3.13 Veteran Small Business Enterprise (VSBE) Reports ................................................................ 31 3.14 Work Orders .............................................................................................................................. 31 3.15 Additional Clauses ..................................................................................................................... 32 4 Procurement Instructions 33 4.1 Pre-Proposal Conference ........................................................................................................... 33 4.2 eMaryland Marketplace (eMMA) ............................................................................................. 33 4.3 Questions ................................................................................................................................... 33 4.4 Procurement Method ................................................................................................................. 34 4.5 Proposal Due (Closing) Date and Time ..................................................................................... 34 4.6 Multiple or Alternate Proposals ................................................................................................. 34 4.7 Economy of Preparation ............................................................................................................ 34 4.8 Public Information Act Notice .................................................................................................. 34 Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page vi of 113 4.9 Award Basis ............................................................................................................................... 35 4.10 Oral Presentation ....................................................................................................................... 35 4.11 Duration of Proposal .................................................................................................................. 35 4.12 Revisions to the RFP ................................................................................................................. 35 4.13 Cancellations ............................................................................................................................. 35 4.14 Incurred Expenses ..................................................................................................................... 36 4.15 Protest/Disputes ......................................................................................................................... 36 4.16 Offeror Responsibilities ............................................................................................................. 36 4.17 Acceptance of Terms and Conditions ........................................................................................ 36 4.18 Proposal Affidavit ..................................................................................................................... 36 4.19 Contract Affidavit ...................................................................................................................... 37 4.20 Compliance with Laws/Arrearages ........................................................................................... 37 4.21 Verification of Registration and Tax Payment .......................................................................... 37 4.22 False Statements ........................................................................................................................ 37 4.23 Payments by Electronic Funds Transfer .................................................................................... 37 4.24 Prompt Payment Policy ............................................................................................................. 38 4.25 Electronic Procurements Authorized ......................................................................................... 38 4.26 MBE Participation Goal ............................................................................................................ 39 4.27 VSBE Goal ................................................................................................................................ 39 4.28 Living Wage Requirements ....................................................................................................... 39 4.29 Federal Funding Acknowledgement .......................................................................................... 40 4.30 Conflict of Interest Affidavit and Disclosure ............................................................................ 41 4.31 Non-Disclosure Agreement ....................................................................................................... 41 4.32 HIPAA - Business Associate Agreement .................................................................................. 41 4.33 Nonvisual Access ...................................................................................................................... 41 4.34 Mercury and Products That Contain Mercury ........................................................................... 42 4.35 Location of the Performance of Services Disclosure ................................................................ 42 4.36 Department of Human Services (DHS) Hiring Agreement ....................................................... 42 4.37 Small Business Reserve (SBR) Procurement ............................................................................ 42 4.38 Maryland Health Working Families Act ................................................................................... 43 5 Proposal Format 44 5.1 Two Part Submission ................................................................................................................. 44 5.2 Proposal Delivery and Packaging ............................................... 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Bookmark not defined. 5.3 Volume I - Technical Proposal .................................................................................................. 45 Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page vii of 113 5.4 Volume II – Financial Proposal ................................................................................................. 52 6 Evaluation and Selection Process 53 6.1 Evaluation Committee ............................................................................................................... 53 6.2 Technical Proposal Evaluation Criteria ..................................................................................... 53 6.3 Financial Proposal Evaluation Criteria ...................................................................................... 53 6.4 Reciprocal Preference ................................................................................................................ 53 6.5 Selection Procedures.................................................................................................................. 54 6.6 Documents Required upon Notice of Recommendation for Contract Award ........................... 55 7 RFP ATTACHMENTS AND APPENDICES 56 Attachment A. Pre-Proposal Conference Response Form 59 Attachment B. Financial Proposal Instructions & Form 60 Attachment C. Proposal Affidavit 62 Attachment D. Minority Business Enterprise (MBE) Forms 63 Attachment E. Veteran Owned Small Business Enterprise (VSBE) Forms 64 Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts 65 Attachment G. Federal Funds Attachments 67 Attachment H. Conflict of Interest Affidavit and Disclosure 68 Attachment I. Non-Disclosure Agreement (Contractor) 69 Attachment J. HIPAA Business Associate Agreement 70 Attachment K. Mercury Affidavit 71 Attachment L. Location of the Performance of Services Disclosure 72 Attachment M. Contract 73 Attachment N. Contract Affidavit 90 Attachment O. DHS Hiring Agreement 91 ATTACHMENT P – REHABILITATION AGREEMENT 92 ATTACHMENT Q – RELEASE FORM 97 ATTACHMENT R - CONSENT FOR THE REHABILITATION PROGRAM TO RELEASE CONFIDENTIAL INFORMATION TO AND RECEIVE CONFIDENTIAL INFORMATION FROM THE MARYLAND BOARD OF PHYSICIANS 98 Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page viii of 113 ATTACHMENT S - SAMPLE REHABILITATION PROGRAM PLAN 99 ATTACHMENT T – REHABILITATION PROGRAM REPORT 103 Appendix 1 – Abbreviations and Definitions 105 Appendix 2 – Offeror Information Sheet 113 Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 1 of 113 1 Minimum Qualifications 1.1 Offeror Minimum Qualifications 1.1.1 The Offeror must be a nonprofit entity. As proof of this meeting this minimum qualification, the Offeror must provide a copy of its Internal Revenue Code 501(c)(3) tax exemption status determination letter or documentation from the IRS Exempt Organization Select Check indicating its non-profit status. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 2 of 113 2 Contractor Requirements: Scope of Work 2.1 Summary Statement 2.1.1 Md. Code Ann., Health-Occupation Article, § 14-401.1(g) requires the Maryland Board of Physicians (Board) to issue a Request for Proposals (RFP) and enter into a written contract with a nonprofit entity to provide rehabilitation services for Physicians and other Allied Health Professions directed by the Board to receive rehabilitation services. The Board is seeking a Contractor who can successfully establish and maintain the required Rehabilitation Program. The Rehabilitation Program provides case management, monitoring and coordination of services for Participants to include at least one face-face meeting with each Participant on a monthly basis. The program also conducts evaluations for Applicants, Physicians, and Allied Health Professionals referred by the Board pursuant to Health Occ. Art. § 14-402. It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State. 2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State. 2.1.3 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. 2.2 Background and Purpose 2.2.1 The Board, a unit of the Maryland Department of Health (Department) is soliciting Proposals from qualified Offerors to provide Rehabilitation services to impaired Physicians and Allied Health Professionals regulated by the Board who are directed by the Board in writing to receive treatment and Rehabilitation for alcoholism, chemical dependency or other physical, emotional or mental conditions. These services are intended to provide Practitioners assistance in addressing alcohol or drug abuse problems, or other physical or mental conditions which may impair their ability to practice medicine or safely perform medical acts within their scope of practice. Rehabilitation services include evaluation, referral for treatment, and case management to monitor the adherence of Participants with a written Disposition Agreement and/or Order of the Board and the Rehabilitation Agreement and Rehabilitation Plan. Licensees who are compliant with their agreements and Board Orders can practice safely and continue to be able to provide medical care to the citizens of Maryland. The over-riding goal of the program is to enhance the health and safety of the citizens of Maryland. 2.2.2 The program will serve only Physicians and Allied Health Professionals who are directed by the Board and referred in writing to receive an evaluation or services. 2.2.3 Health Occ. Art. § 14-401.1(g) requires the Board to issue an RFP and enter into a written contract with a nonprofit entity to provide Rehabilitation services for Physicians or Allied Health Professionals directed by the Board and referred in writing to receive Rehabilitation services. 2.2.4 There are approximately 31,704 licensed Physicians and 14,012 Allied Health Professionals in the State of Maryland. There are approximately 50 Participants in the Board’s current Rehabilitation Program. Those individuals who are required under a Board Order or Disposition Agreement to participate in the Rehabilitation Program are referred to in this document as Participants. 2.2.5 The Board usually requires Participants to be enrolled in and monitored by a program providing Rehabilitation services for a term to be determined by the clinical team at the Rehabilitation Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 3 of 113 Program. Each Participant’s term of monitoring will be determined by the Board following the receipt of clinical recommendations by the Contractor. 2.2.6 The Board estimates that a maximum of 65 Participants will be served at any one time during the Contract period. At the beginning of the Contract period, the Board will provide the Contractor with copies of Disposition Agreements, Board Orders, and other necessary files relating to Participants. The Board estimates that there will be approximately 50 Participants who will be required to transfer to the Contractor as of the Go-Live-Date. 2.3 Responsibilities and Tasks 2.3.1 The Contractor shall provide services only to Physicians and Allied Health Professionals directed by the Board and referred in writing to receive Rehabilitation services. The Contractor shall have an office in Maryland and must have the capability to provide face-to-face services to Participants throughout Maryland. The Contractor must provide a Rehabilitation Program that includes, but is not limited to the following elements: a) Evaluation and Rehabilitation planning; b) Referral for evaluation, and treatment services, as needed, to providers licensed and/or certified in the jurisdiction in which the evaluations and treatment are provided; c) Conducting intake interviews and determining appropriate evaluation type, scheduling of evaluation and reporting results to the Board for Health Occ. Art. § 14-402 evaluations; d) Quarterly review of each Participant’s Rehabilitation Plan; e) Review of Participant’s Rehabilitation Plan within five (5) Business Days of a change of circumstances; f) Case management to include a monthly one-to-one in-person meeting between the Participant and the clinical case manager to monitor Participants; the Contractor may request that this meeting be conducted through telecommunications but prior authorization from the Contract Monitor is required; g) Reporting Participants’ non-compliance to the Board within 24 hours; h) Consultation with Board staff and/or administrative prosecutors, on an as-needed basis, regarding individuals with impairments and/or mental health issues; i) Reports and documents as requested by the Board and/or administrative prosecutor for other investigative and monitoring purposes; testimony at administrative hearings if subpoenaed. j) Quarterly reports (See Section 2.3.19) to the Board on each Participant that must be submitted prior to the invoice for the quarter; each quarterly report must include a list of all Participants with date of enrollment and date of completion; k) Maintain and submit to the Board, as requested, documentation supporting all components of quarterly reports; l) Annual reports to the Board on each Participant and annual reports of aggregate data; each annual report must include a list of all Participants during that year with date of enrollment, date of completion date of Board Order and identification of issue being addressed; m) Retention and maintenance of confidential Participant records for five (5) years; n) Forms (See Attachment R, Sample Rehabilitation Program Plan and Attachment S, Sample Rehabilitation Program Report); o) End of Contract transition; p) Review, approve and sign the Rehabilitation Agreement and a Rehabilitation Plan for each program Participant; q) Collection of blood and /or urine samples for the initial Chemical Screening; Participant bears the cost of this screening; Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 4 of 113 r) Direction to Participants in obtaining testing for chemical and alcohol screenings throughout the duration of the Treatment Plan; reporting determination of and changes in frequency of testing to the Board and s) Schedule of quarterly meetings with the Board to discuss cases. 2.3.2 Intake The Contractor shall establish an intake process including orientation, face-to-face contact, and initial assessment to determine the needs and services required for the Participant from the Rehabilitation Program to include the determination of any appropriate evaluations. Orientation should address the purpose of the program, requirements and benefits of participation, structure of the program, and an explanation of the Rehabilitation Agreement, the Rehabilitation Plan, and monitoring and reporting requirements to the Board. Intakes shall occur after referral by the Board. 2.3.3 Evaluation and Treatment) The Contractor shall make recommendations to appropriate inpatient and outpatient treatment sources and appropriate evaluation(s). The Contractor will maintain a network of referral resources from which to make these treatment recommendations. 2.3.4 Access and criteria for treatment plan: A. The Contractor shall provide the Participant with providers or facilities that offer the particular assessment, evaluation, inpatient or outpatient treatment, and/or Chemical Screens needed by the Participant. The Contractor determines the provider or facility that can provide the required service in the best interest of the Participant. B. If the Participant has already entered into a treatment program that the Contractor considers appropriate in light of the assessment findings, the Contractor may incorporate this treatment into the Participant’s Rehabilitation Plan. This inclusion is at the discretion of the Contractor and shall be approved by the Board. C. All providers listed, both facilities and individuals, shall have licensure and/or certification to provide the proposed services in the jurisdiction where treatment is to be provided. The Contractor, or employees and agents of the Contractor shall not refer a Participant for any evaluation, inpatient or outpatient treatment, tests, monitoring, or any other services if the referral violates the prohibitions against self-referral in Annotated Code of Maryland, Health Occupations Article § 1-301 et seq., COMAR 10.32.01.15, and if applicable, the federal anti- kickback statute at 42 U.S.C. §§ 1320a-7b(b), and the federal Stark law at 42 U.S.C. § 1395nn preventing self-referrals. The Contractor shall maintain a list of authorized treatment providers and a description of the qualifications of each. In addition, a list shall be maintained of all providers to whom referrals have been made. The Board can reject any provider. 2.3.5 Rehabilitation Agreement between each Participant and the Rehabilitation Program As a condition of participation in the Rehabilitation Program, the Contractor shall require each Participant to sign the Maryland Rehabilitation Program Agreement (Attachment P) and an addendum regarding zero tolerance of alcohol and drug use This agreement and addendum commits the Participant to meet the requirements of the Rehabilitation Program and informs the Participant Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 5 of 113 about the requirements for the Rehabilitation Program to submit reports about Participants to the Board. The sample found at Attachment P (Maryland Rehabilitation Program Agreement) contains the minimum number of items to be included in the Rehabilitation Agreement. The Contractor may propose the use of an alternate Rehabilitation Agreement if it contains all the provisions of Attachment P and is a single form which can be used with all Participants. The proposed alternate form shall be submitted with the Proposal and may be used in lieu of the Attachment P if approved by the Board. The Board may request that the Rehabilitation Agreement Form be modified during the course of the Contract and the Contractor shall make the requested modifications. Procedure for new Applicants or Participants who pose a danger to self or others: If, at the time of the initial assessment or after the Practitioner has signed a Rehabilitation Agreement, the Contractor believes that the Practitioner is a danger to self or others, that information shall be reported to the Board, following the procedure outlined in Section 2.3.15 below. If the Contractor determines the Participant is a danger to self or others, the Contractor may recommend to the Board that the Participant be removed from the Rehabilitation Program. The Board will make the determination on whether the Participant should remain or be removed and will notify the Contractor. 2.3.6 Consent Forms A. When the Rehabilitation Agreement is signed, the Contractor shall also obtain the Participant’s signature on consent forms. Attachment Q, Consent for the Rehab Program to Release Confidential Information To and Receive Confidential Information from the Maryland Board of Physicians is a consent form which allows the Contractor to release records to the Board. The Board may require the form to be signed prior to the referral. This form shall be signed by each Participant no later than the time that the Rehabilitation Agreement is signed. It complies with federal regulations at 42 C.F.R. §2.31 governing the form of written consent forms for release of alcohol and drug abuse records. The Contractor may propose the use of alternative consent forms that comply with 42 C.F.R. §2.31. Such alternative form shall be submitted with the Offeror’s Proposal and may be used in lieu of the Attachment Q if approved by the Board. The Board may request the consent form be modified during the Contract and the Contractor shall make the requested modifications within ten (10) Business Days. B. The Contractor shall exchange information with other individuals that include therapists, Worksite Monitors, and entities that include inpatient programs or medical institutions in order to monitor the Participant. Attachment Q is a sample consent form which complies with the federal regulations at 42 C.F.R. §2.31 governing the form of written consent forms for release of alcohol and drug abuse records. The Contractor may propose the use of alternative consent forms that comply with 42 C.F.R. §2.31. Such alternative form shall be submitted with the Contractor Proposal and may be used in lieu of the Attachment Q if approved by the Board. C. The Contractor shall submit a list of information exchanged under Section 2.3.6 B (date, type of information shared and receiver of information) to the Board on a quarterly basis. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 6 of 113 D. The Contractor shall not exchange under Section 2.3.6. B information regarding the Board processes, records, evaluations, investigation and/or disciplinary actions. 2.3.7 Rehabilitation Plan The Contractor shall require each Participant to enter into a written Rehabilitation Plan which the Contractor shall update quarterly and at any change in circumstance. The updated plan must be submitted to the Board within five (5) Business Days of the change in circumstance or end of quarter. The plan shall set forth specific requirements that the Participant shall complete, including physical or mental evaluation, inpatient or outpatient treatment, attendance at Alcoholics Anonymous, Narcotics Anonymous, or similar group meetings, Chemical Screens, regular medication, and the schedule for meetings with the Participant’s case manager. The Contractor shall provide a Clinical Manager that shall administer each Participant’s Rehabilitation Plan. The Rehabilitation Plan shall be signed by the Participant and the Medical Director of the Rehabilitation Program within fifteen Business Days of the referral. A sample Rehabilitation Plan form may be found in Attachment R, Sample Rehabilitation Program Plan. The Contractor may offer with the Proposal alternative individualized Rehabilitation Plan forms specifically formatted for substance abuse issues only, or mental health issues only, or other behavioral, physical or emotional impairment issues. The forms shall be in compliance with 42 C.F.R. §2.31. The alternative forms are subject to approval by the Board. The Board may request the Rehabilitation Plan be modified during the course of the Contract and the Contractor shall make the requested modifications within ten Business Days. 2.3.8 Costs All costs associated with treatment and Chemical Screens as described in the Rehabilitation Plan are the responsibility of the Participant. 2.3.9 Procedure for new Applicants or Participants who pose a danger to self or others If, at the time of the initial assessment or after the Participant has signed a Rehabilitation Agreement, the Contractor believes that the Participant is a danger to self or others, it shall be reported immediately by the Contractor to the Board’s Executive Director, Compliance Manager and Probation Analyst by telephone and by e-mail within 24 hours. Out of Office instructions will be sent via email reply or on telephone message. If the Contractor determines the Participant is a danger to self or others, the Contractor may recommend to the Board, the Participant be removed from the Rehabilitation Program. The Board will make the determination on whether the Participant should remain or be removed and will notify the Rehabilitation Program. 2.3.10 Procedure for persons with no impairment, persons who have been identified as having no continued clinical benefit, or persons who do not agree to enter the Rehabilitation Program. If the initial assessment reveals no physical, emotional, or mental condition which could impair the Participant’s practice of medicine, the Contract Monitor must be notified in writing on the next Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 7 of 113 Business Day. If the Contractor determines that there is no clinical benefit to continued participation, the Contractor shall notify the Contract Monitor in writing by the next Business Day. The Board will determine whether the Participant should remain in the program or be discharged and shall notify the Rehabilitation Program of its determination. If the Contractor determines that the Participant requires services and the Participant refuses to sign the appropriate consent forms or the Rehabilitation Agreement or Plan, the Contractor shall notify the Board in writing on the next Business Day. 2.3.11 Procedure for persons who are terminated from the Rehabilitation Program for failure to comply with the Rehabilitation Agreement and Plan Monitoring and other services may be terminated in event that a Participant does not comply with the Rehabilitation Agreement and Plan. If the Contractor makes the recommendation to terminate the Rehabilitation Agreement and Plan before the formal end date, the Contractor shall notify the Board in writing within 1 Business Day. The Board will determine whether the Participant should remain in the program or be discharged and shall notify the Contractor of its determination. 2.3.12 Periodic review of Rehabilitation Plan The Contractor shall re-evaluate the Participant’s progress in the Rehabilitation Plan through quarterly periodic reviews to determine the efficacy of the treatment plan and to make appropriate modifications. A Participant’s Rehabilitation Plan must be re-evaluated upon any Change in Circumstances. For all Participants, a copy of the updated Rehabilitation Plan and consent forms shall be sent to the Board within five (5) Business Days after being executed by the Participant and the Contractor. The most recent Rehabilitation Plan and Agreement must be submitted with each Non-Compliance notification to the Board. 2.3.13 Recovery monitoring, including Chemical Screens, Worksite Monitoring and other means of monitoring a Participant’s compliance with the Rehabilitation Plan: A. Active monitoring of the Participant is critical to the recovery and Rehabilitation process. The case manager is responsible for monitoring the treatment, compliance with practice and/or employment restrictions (when applicable), and other terms of the Rehabilitation Agreement and Rehabilitation Plan B. The case manager should have contact with each Participant in the caseload at a minimum of once per week and face-to-face contact no less than once every month (every 30 days). The case manager must document the contact and face-to-face meetings and provide such documentation if requested by the Board within five (5) Business Days. The case manager shall track compliance with requirements of the Rehabilitation, such as Chemical Screens, treatment by counselors or other health care professionals, attendance at self-help meetings, and other relevant information. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 8 of 113 C. Chemical Screens: For Participants with substance abuse problems, monitoring shall include random unscheduled Chemical Screens, directed by an automated random call-in system. The Contractor shall have the capability to provide local testing seven days a week if required by the Rehabilitation Plan. The Contractor shall present a plan for accurate specimen collection, as well as testing using split-screens. The Contractor shall pre-approve Participant vacations and submit written notification of such pre-approval to the Board of the vacation within 1 Business Day. The Contractor is responsible for arranging testing while the Participant is on vacation. The Contractor shall test the Participant upon return from any vacation within 1 Business Day. The Participant is responsible for the cost of testing. D. Medical Review Officer (MRO): The Contractor shall provide the Board with access to a Medical Review Officer to refer matters, issues and questions in regard to a positive drug or alcohol testing results. The MRO will provide an independent review of the testing results. The MRO is a consultant. The Contractor can determine the minimum qualifications for the MRO and will bear the cost of the services of the MRO. The Board may request a consultation and/or report from the MRO upon any positive Chemical Screen. E. Worksite Monitoring: If the Contractor determines there would be a clinical benefit to Worksite Monitoring, the Contractor will specify this in an individual Rehabilitation Plan. F. Vocational monitoring reports must be submitted to the Board within 7 days of receipt by the Rehabilitation Program. 2.3.14 Out-of-State Participants The Board may require the Contractor to monitor a Practitioner who is not residing or practicing in Maryland. The out-of-state Participant shall have a written Rehabilitation Agreement with a Rehabilitation Program in another State, and the program shall be one which is recognized by the out-of-State licensing Board. The out-of-state program must directly monitor the Participant’s recovery including relapse management and practice status. The Contractor shall obtain at least quarterly, written verification by the out-of-state professional monitoring program that the Participant is in compliance with his agreement. Any noncompliance shall be reported to the Board as directed in paragraph 2.3.15. 2.3.15 Procedure for Reporting Non-Compliance to the Board The Contractor shall report all instances of Non-Compliance (see Appendix 1) to the Board within 24 hours. Critical Non-Compliance Events: In the event of any of the following, the Contractor shall submit a report to the Board’s Contract Monitor by telephone within one Business Day. Written confirmation in the form of an e-mail or letter if requested, to the Contract Monitor shall be submitted within 1 Business Day and shall include any reason for the Non-Compliance provided by the Participant as follows: Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 9 of 113 A. Failure to report for a scheduled Chemical Screen or failure to provide an adequate quantity of urine for analysis, regardless of the reason or excuse. B. A positive Chemical Screen and the lab report. The Contractor shall send the lab report to the Board within 1 Business Day of the Contractor’s receipt of the positive report. C. Assessment by the Contractor or a report from any hospital, facility, or employer indicating that the Participant is a danger to self or others. D. Report from any hospital, facility, or employer that action has been taken against the Practitioner’s privileges to practice medicine. E. An arrest or conviction. F. Actual Knowledge that the Participant is under the influence of substances prohibited by the Rehabilitation Agreement or Plan. 2.3.16 Non-Compliance with Board Referral After an individual is referred by the Board, the Contractor shall have the individual evaluated, and in accordance with the evaluation and the assessment of the Rehabilitation Program, shall enter the individual into a Rehabilitation Agreement within 10 days and a Rehabilitation Plan within 15 days of the referral. The Contractor shall not meet with individuals prior to receiving the Board’s referral. 2.3.17 Non-Completion of Rehabilitation Agreement, addendum and Plan A. If the Contractor has not completed the evaluation and assessment and has not executed the Rehabilitation Agreement, addendum and Plan within 15 days of the referral, the Contractor shall give the Board a detailed written report about what parts of the process have been completed and any Non-Compliance or lack of cooperation by the individual referred. B. If the individual referred by the Board does not contact and begin working with the Contractor within 15 days of the date of the referral, the Contractor shall report to the Board in writing the instances and details in regard to the lack of cooperation. 2.3.18 Non-Compliance with Rehabilitation Agreement and/or Rehabilitation Plan Non-Compliance for any reason shall be documented on the Participant’s quarterly report. 2.3.19 Quarterly Reports to the Board The Contractor must submit quarterly reports which are due to the Contract Monitor no later than January 15th, April 15th, July 15th and October 15th of each Contract year prior to submission of the invoice for that quarter. The Contractor shall provide the following for each Participant (identified by full name) during the quarter: Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 10 of 113 A. Date of enrollment; B. Date of completion/discharge; C. Date of Board Order; D. Scheduled and actual attendance at therapy, self-help meetings, etc; E. Status of and any changes in employment; F. Compliance with terms of Rehabilitation Plan; G. Frequency and results of Chemical Screens on the Participant; H. Proposed changes in Rehabilitation Plan; I. Copies of all Chemical Screen reports (that is, complete laboratory reports) shall be included in the quarterly reports for each Participant; J. If there is any Non-Compliance, the Contractor shall provide any documents when requested by the Board during each quarter; K. Current status of the Rehabilitation Agreement and Rehabilitation Plan, to include when the plan is due to be reviewed and updated; L. Date of monthly face-to-face meetings with Clinical Manager; and M. Any expenditures for treatment or Chemical Screens. 2.3.20 Aggregate data (including aggregate data on all Participants), must be reported quarterly and on an annual basis on quarter and year-to-date, including, but limited to: A. A list of the names of all Participants with dates of enrollment and completion identified with each participating quarter noted; B. Total number of Participants for each quarter and year end; C. Number of Participants under Final Board Orders, which are public sanctions imposed on the license and practice of health care Practitioners after a formal hearing; D. Number of Participants under Consent Order with the Board, which are public sanctions imposed on the license and practice of a health care Practitioner which the Practitioner agrees to without a formal hearing; E. Number of Participants under Disposition Agreements which are non-public orders. F. Number of Participants who are Applicants for licensure or certification; G. Number of Participants by specific impairment, for example, alcoholism, chemical dependence, psychiatric condition, or dual diagnosis of more than one kind of impairment; H. Number of Participants by medical specialty; I. Number of Participants who are noncompliant; J. Number of new Rehabilitation Agreements signed; K. Number of Rehabilitation Agreements extended; L. Number of Rehabilitation Agreements terminated for successful completion; M. Number of Rehabilitation Agreements terminated for cause; N. Number of open Rehabilitation Agreements at end of quarter; and O. Expenditures for treatment of Participants who have been determined to be unable to afford services. P. An annual report shall be submitted to the Contract Monitor by July 31 of each year, beginning with July 31, 2021. The report shall include, at a minimum, the data categories listed under “Aggregate data” in Section 2.3.20 A. - O above. Q. The Contractor must propose a format for the quarterly and annual report in its technical proposal. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 11 of 113 2.3.21 The Contractor shall serve as a consultant to the Maryland Board of Physicians with regard to impairment issues and may be required to testify at administrative hearings and/or legal proceedings involving issues related to enrolled Participants. The Contractor shall meet with the Board or its representative at least quarterly, and/or whenever requested by the Board to report on the progress of monitoring and other aspects of the Rehabilitation Program at no additional cost to the Board. 2.3.22 Other required reports-The Board may request information and documents in the Contractor’s files in regard to a Participant and the Contractor shall provide the information and documents on an as needed basis and in the time frame requested. 2.3.23 Retention and Maintenance of Confidential Participant Records A. For purposes of this section, the term, “Contractor,” means the Contractor, its employees, its subcontractors and agents. To the extent that this section places a restriction on an employee, agent or subcontractor of the Contractor, the Contractor is responsible to inform any such employee, agent or sub-Contractor of these requirements, to require compliance by contract or otherwise, and to be responsible to take reasonable measures to assure the enforcement of these Confidentiality requirements. B. The Contractor shall maintain, in accordance to the Records Retention and Disposal Schedule, which will be provided to the Contractor by the Board, in strict Confidentiality all records, files, reports received from the Board, created by the Contractor, or received from any source in the fulfillment of this Contract. The Contractor and its staff and the Board and its staff shall comply with the federal Confidentiality provisions of 42 C.F.R. Pt. 2 and the State Confidentiality provisions of the Annotated Code of Maryland, Health-General Title 4, Subtitle 3 and § 8-601, and Health Occupations §§ 1-401, 14-410, 14-411, and 14-506. Neither the Contractor nor the Board shall make any disclosures except as permitted under those statutory provisions 2.3.24 Forms The Contractor shall use the forms attached to this Solicitation Q, R, and S unless alternate forms are submitted as part of the technical Proposal and approved by the Board. 2.3.25 Audits By law, the State’s Legislative Auditors are required to perform an audit of the accounts and transactions of the Rehabilitation Program every two years. (Health Occ. §14-402(f)). The Contractor shall cooperate with the Legislative Auditors and provide all information necessary to assist them in completing the audit. The Board of Physicians shall conduct random audits of the Contractor’s Participant records at any time, but at a minimum, on a quarterly basis. During this audit, all Rehabilitation Program records shall be available for inspection by the Contract Monitor in accord with 42 CFR, Chapter I, Part 2, Subpart D, § 2.53. Failure by the Contractor to provide a file may result in termination Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 12 of 113 of the Contract. 2.3.26 Duties of the Board A. The Board of Physicians will provide the Contractor with a signed consent form to release confidential documents to the Board of Physicians, Disposition Agreement, letter of referral or Board Order for any Practitioner referred by the Board to the Contractor for evaluation and/or monitoring. B. In the event that the Contractor is selected under this procurement is not the incumbent for the same services, the Board will notify all Participants of the change. The Board will require all Participants to transfer to the new Contractor. If there is a change in contractor at the end of the Contract resulting from this procurement, the Board will undertake similar notification. 2.3.27 Contractor Staffing The Contractor shall provide the staff listed in this section with the qualifications stated throughout the duration of the Contract. The Offeror’s Proposal shall include resumes, job description and copies of professional licenses of proposed staff for the following staff positions. A. Medical Director: The Contractor shall provide a Physician Medical Director. The Physician Medical Director must have a full, unrestricted Physician’s license in Maryland, be American Board of Medical Specialties or American Osteopathic Association certified, and have five (5) years’ experience in treating persons with alcohol or chemical addictions or other physical, mental, or emotional impairments. The Physician Medical Director must provide clinical oversight to the Rehabilitation Program and review, approve, and sign a Rehabilitation Agreement and a Rehabilitation Plan for each program Participant. B. Clinical Managers: An individual(s) licensed as a Licensed Clinical Social Worker designated by the Rehabilitation Program to inform, evaluate, refer a Participant for appropriate treatment and meet with the Participant face to face on a monthly basis. The Contractor must provide enough Clinical Managers such that each Participant is assigned a Clinical Manager. Each Clinical Manager must be recognized as a ‘LCSW-C” in the State of Maryland. C. Medical Review Officer: An employee or subcontractor whose function is to review, interpret, and recommend action on the results of workplace drug testing. The MRO has a recognized medical degree, including M.D., D.O., or M.B. The MRO has a license to practice medicine which is current, unrestricted, and in good standing, certification in addiction medicine or occupational medicine by a member Board of the American Board of Medical Specialties or successful completion of an MRO certification examination given by a national medical specialty society recognized by the American Medical Association (AMA) or the American Osteopathic Association (AOA). The Contractor must designate a staff person who will timely respond to inquiries, provide requested documents and reports and be available to take telephone calls during normal business hours. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 13 of 113 The Contractor shall give priority to its responsibilities under the Contract as compared to other activities. The Contractor must notify the Board within 1 Business Day of any changes in staff so that the Board’s website can be updated. 2.4 Deliverables A. An annual report shall be submitted to the Contract Monitor by July 15th for the prior fiscal year (July 1 to June 30th) of each year. B. A quarterly report for each participant is due by the 15th day after the end of the quarter. C. Quarterly audit materials a. All documentation surrounding the monitoring of a Participant must be readily available and provided to the Board with five days of a request. b. Each quarter, the Board will randomly select five Participants and the Contractor is responsible for producing documentation to support all activities noted on the Participant’s quarterly report. 2.4.1 Deliverable Submission A. For every deliverable, the Contractor shall request the Contract Monitor confirm receipt of that deliverable by sending an e-mail identifying the deliverable name and date of receipt. 2.4.2 Deliverable Acceptance A. A final deliverable shall satisfy the scope and requirements of this RFP for that deliverable, including the quality and acceptance criteria for a final deliverable as defined in Section 2.4.3 Minimum Deliverable Quality and 2.4.4 Deliverable Descriptions/Acceptance Criteria. B. The Contract Monitor shall review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable. The Contract Monitor is responsible for coordinating comments and input from various team members and stakeholders. The Contract Monitor is responsible for providing clear guidance and direction to the Contractor in the event of divergent feedback from various team members. C. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed-upon time period for correction. 2.4.3 Minimum Deliverable Quality The Contractor shall subject each deliverable to its internal quality-control process prior to submitting the deliverable to the State. Each deliverable shall meet the following minimum acceptance criteria: A. Be presented in a format appropriate for the subject matter and depth of discussion. B. Be organized in a manner that presents a logical flow of the deliverable’s content. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 14 of 113 C. Represent factual information reasonably expected to have been known at the time of submittal. D. In each section of the deliverable, include only information relevant to that section of the deliverable. E. Contain content and presentation consistent with industry best practices in terms of deliverable completeness, clarity, and quality. F. Meets the acceptance criteria applicable to that deliverable, including any State policies, functional or non-functional requirements, or industry standards. G. Contains no structural errors such as poor grammar, misspellings or incorrect punctuation. H. Must contain the date, author, and page numbers. When applicable for a deliverable, a revision table must be included. I. A draft written deliverable may contain limited structural errors such as incorrect punctuation, and shall represent a significant level of completeness toward the associated final written deliverable. The draft written deliverable shall otherwise comply with minimum deliverable quality criteria above. 2.4.4 Deliverable Descriptions/Acceptance Criteria In addition to the items identified in the table below, the Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks. Deliverables Summary Table* ID # Deliverable Description Acceptance Criteria Due Date / Frequency 2.3.19, 2.3.20, and 2.4B Quarterly Report Response to all questions as indicated in the Quarter Report For each participant it is due by the 15th day after the end of the quarter. 2.3.20 P and 2.4A Annual Report Due by July 15th for the prior fiscal year (July 1st to June 30th) *The deliverables summary table may not list every contractually-required deliverable. Offerors and Contractors should read the RFP thoroughly for all Contract requirements and deliverables. REMAINDER OF THIS PAGE INTENTIONALY LEFT BLANK Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 15 of 113 3 Contractor Requirements: General 3.1 Contract Initiation Requirements 3.1.1 Contractor Transition at Start of Contract The Contractor shall serve Participants currently receiving Rehabilitation services beginning on the effective date of the Contract with minimal disruption to those Participants. Staff from the Board and the incumbent contractor will be available to assist in this process. Participants who transfer will undergo an intake process and sign a new Rehabilitation Agreement and any necessary consent forms. This will require, at a minimum, that the Contractor shall: A. Request from the incumbent contractor a timely and orderly transfer of the records for current Participants; B. Advise Worksite Monitors/health facilities of the transfer of monitoring services to the Contractor in advance of the effective date; C. Personally contact each Participant to confirm that the Participant has notice of and understands any new or revised procedures and requirements implemented as a result of the transfer of monitoring services to the Contractor; D. Personally meet with each transferring Participant and have the Participant sign the Rehabilitation Agreement, addendum and Plan and all relevant consent forms; E. Obtain the Participant’s signature on a consent form authorizing transfer of records and request transfer of any records not already released by the incumbent contractor; and F. Review all existing Rehabilitation Agreements, Disposition Agreements, and Board Orders of Participants and work with the Board and each Participant in executing a new Rehabilitation Agreement and Plan. 3.2 End of Contract Transition 3.2.1 Contractor Transition at End of Contract In the event that the Department notifies the Contractor that it intends to terminate this Contract, or upon expiration of the Contract, the Contractor shall assist in implementing an orderly transfer of records and transition of services. This will require that the Contractor shall: A. Arrange for the timely and orderly transfer of all records for Participants as directed by the Board; B. Advise all Participants of the transfer of monitoring services to the Board or a new contractor in advance of the effective date; and C. Personally contact each Participant in advance of the termination date to confirm that the Participant has notice of and understands that monitoring services will be provided by the Board or a new contractor after the termination date. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 16 of 113 3.2.2 Return and Maintenance of State Data A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period. B. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor. C. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services. 3.3 Invoicing 3.3.1 General A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Monitor by e-mail and hardcopy to Zach Spivey, Compliance Analyst, at 4201 Patterson Avenue, 4th Floor, Baltimore, Maryland 21215 and Zachary.Spivey@maryland.gov. B. All invoices for services shall be verified by the Contractor as accurate at the time of submission. C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error: 1) Contractor name and address; 2) Remittance address; 3) Federal taxpayer identification (FEIN) number, social security number, as appropriate; 4) Invoice period (i.e. time period during which services covered by invoice were performed); 5) Invoice date; 6) Invoice number; 7) State assigned Contract number; 8) State assigned (Blanket) Purchase Order number(s); 9) Goods or services provided; 10) Amount due; and 11) Any additional documentation required by regulation or the Contract. D. Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 17 of 113 E. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. F. Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and COMAR 21.10.04. G. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same. H. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date. 3.3.2 Invoice Submission Schedule The Contractor shall submit invoices in accordance with the following schedule: A. For items of work for which there is one-time pricing (see Attachment B – Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the Department. B. For items of work for which there is annual pricing (see Attachment B– Financial Proposal Form) those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services. 3.3.3 Deliverable Invoicing Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.4. 3.3.4 For the purposes of the Contract an amount will not be deemed due and payable if: A. The amount invoiced is inconsistent with the Contract; B. The proper invoice has not been received by the party or office specified in the Contract; C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract; D. The item or services have not been accepted; E. The quantity of items delivered is less than the quantity ordered; F. The items or services do not meet the quality requirements of the Contract; G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule; H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions. 3.3.5 Travel Reimbursement Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 18 of 113 Travel will not be reimbursed under this RFP. 3.4 Liquidated Damages 3.4.1 MBE Liquidated Damages Inapplicable because there is no MBE goal for this RFP. 3.4.2 Liquidated Damages other than MBE THIS SECTION IS INAPPLICABLE TO THIS RFP. 3.5 Disaster Recovery and Data The following requirements apply to the Contract: 3.5.1 Redundancy, Data Backup and Disaster Recovery A. Unless specified otherwise in the RFP, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision. B. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused. 1) The Contractor shall furnish a DR site. 2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive. C. The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services. D. The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service. Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing. E. Such contingency and DR plans shall be available for the Department to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract. 3.5.2 Data Export/Import A. The Contractor shall, at no additional cost or charge to the State, in an industry standard/non- proprietary format: 1) perform a full or partial import/export of State data within 24 hours of a request; or Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 19 of 113 2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data. B. Any import or export shall be in a secure format per the Security Requirements. 3.5.3 Data Ownership and Access A. Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a RFP are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations. B. Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the State’s written request. C. The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein. D. At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State. E. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services. 3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract. Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts. 3.6 Insurance Requirements The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised: 3.6.1 The following type(s) of insurance and minimum amount(s) of coverage are required: A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies. B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate. C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the Department should be added as a “loss payee.” D. Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 20 of 113 E. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed. F. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. 3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability. 3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non- renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect. 3.6.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State. 3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually or as otherwise directed by the Contract Monitor. 3.6.6 Subcontractor Insurance The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor. 3.7 Security Requirements The following requirements are applicable to the Contract: 3.7.1 Employee Identification A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification. B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance. C. Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 21 of 113 D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract. 3.7.2 Security Clearance / Criminal Background Check A. A criminal background check for each for any Contractor Personnel providing list specific services/roles impacted shall be completed prior to each Contractor Personnel providing any services under the Contract. B. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity. C. The Contractor shall obtain criminal background checks on candidates it sends for employment at the Department. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity. D. The Contractor shall provide certification to the Department that the Contractor has completed the required criminal background check described in this RFP for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check. E. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State. F. The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article: 1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property); 2) any crime within Title 7, Subtitle 1 (various crimes involving theft); 3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics); 4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud); 5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or 6) a crime of violence as defined in CL § 14-101(a). G. Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract; Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises. H. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 22 of 113 conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises. 3.7.3 On-Site Security Requirement(s) This section is inapplicable to this RFP 3.7.4 Information Technology The Contractor shall: 1. Implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry best practices for information security such as those listed below (see Section 3.7.5); 2. Ensure that all such safeguards, including the manner in which State data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of the Contract; and 3. The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy. 3.7.5 Data Protection and Controls A. Data Protection and Controls Contractor shall ensure a secure environment for all State data and any hardware and software (including but not limited to servers, network and data components) provided or used in connection with the performance of the Contract and shall apply or cause application of appropriate controls so as to maintain such a secure environment (“Security Best Practices”). Such Security Best Practices shall comply with an accepted industry standard, such as the NIST cybersecurity framework. B. To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls at all times throughout the Term of the Contract (the Contractor may augment this list with additional controls): 1) Establish separate production, test, and training environments for systems supporting the services provided under the Contract and ensure that production data is not replicated in test or training environment(s) unless it has been previously anonymized or otherwise modified to protect the confidentiality of Sensitive Data elements. The Contractor shall ensure the appropriate separation of production and non-production environments by applying the data protection and control requirements listed in Section 3.7.5. 2) Apply hardware and software hardening procedures as recommended by Center for Internet Security (CIS) guides https://www.cisecurity.org/, Security Technical Implementation Guides (STIG) http://iase.disa.mil/Pages/index.aspx, or similar industry best practices to reduce the systems’ surface of vulnerability, eliminating as many security risks as possible and documenting what is not feasible or not performed according to best practices. Any hardening practices not implemented shall be documented with a plan of action and milestones including any compensating control. These procedures may include but are not limited to removal of unnecessary software, disabling or removing unnecessary services, removal of unnecessary usernames or logins, and the deactivation of unneeded features in the Contractor’s system configuration files. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 23 of 113 3) Ensure that State data is not comingled with non-State data through the proper application of compartmentalization security measures. 4) Apply data encryption to protect Sensitive Data at all times, including in transit, at rest, and also when archived for backup purposes. Unless otherwise directed, the Contractor is responsible for the encryption of all Sensitive Data. 5) For all State data the Contractor manages or controls, data encryption shall be applied to such data in transit over untrusted networks. 6) Encryption algorithms which are utilized for encrypting data shall comply with current Federal Information Processing Standards (FIPS), “Security Requirements for Cryptographic Modules”, FIPS PUB 140-2: http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm 7) Enable appropriate logging parameters to monitor user access activities, authorized and failed access attempts, system exceptions, and critical information security events as recommended by the operating system and application manufacturers and information security standards, including Maryland Department of Information Technology’s Information Security Policy. 8) Retain the aforementioned logs and review them at least daily to identify suspicious or questionable activity for investigation and documentation as to their cause and remediation, if required. The Department shall have the right to inspect these policies and procedures and the Contractor or subcontractor’s performance to confirm the effectiveness of these measures for the services being provided under the Contract. 9) Ensure system and network environments are separated by properly configured and updated firewalls. 10) Restrict network connections between trusted and untrusted networks by physically or logically isolating systems from unsolicited and unauthenticated network traffic. 11) By default “deny all” and only allow access by exception. 12) Review, at least annually, the aforementioned network connections, documenting and confirming the business justification for the use of all service, protocols, and ports allowed, including the rationale or compensating controls implemented for those protocols considered insecure but necessary. 13) Perform regular vulnerability testing of operating system, application, and network devices. Such testing is expected to identify outdated software versions; missing software patches; device or software misconfigurations; and to validate compliance with or deviations from the security policies applicable to the Contract. Contractor shall evaluate all identified vulnerabilities for potential adverse effect on security and integrity and remediate the vulnerability no later than 30 days following the earlier of vulnerability’s identification or public disclosure, or document why remediation action is unnecessary or unsuitable. The Department shall have the right to inspect the Contractor’s policies and procedures and the results of vulnerability testing to confirm the effectiveness of these measures for the services being provided under the Contract. 14) Enforce strong user authentication and password control measures to minimize the opportunity for unauthorized access through compromise of the user access controls. At a minimum, the implemented measures should be consistent with the most current Maryland Department of Information Technology’s Information Security Policy http://csrc.nist.gov/publications/fips/fips140-2/fips1402.pdf http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 24 of 113 (http://doit.maryland.gov/support/Pages/SecurityPolicies.aspx), including specific requirements for password length, complexity, history, and account lockout. 15) Ensure State data is not processed, transferred, or stored outside of the United States (“U.S.”). The Contractor shall provide its services to the State and the State’s end users solely from data centers in the U.S. Unless granted an exception in writing by the State, the Contractor shall not allow Contractor Personnel to store State data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The Contractor shall permit its Contractor Personnel to access State data remotely only as required to provide technical support. 16) Ensure Contractor’s Personnel shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State, which may be revoked at any time for any reason. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor -owned equipment to a State LAN/WAN. 17) Ensure that anti-virus and anti-malware software is installed and maintained on all systems supporting the services provided under the Contract; that the anti-virus and anti-malware software is automatically updated; and that the software is configured to actively scan and detect threats to the system for remediation. The Contractor shall perform routine vulnerability scans and take corrective actions for any findings. 18) Conduct regular external vulnerability testing designed to examine the service provider’s security profile from the Internet without benefit of access to internal systems and networks behind the external security perimeter. Evaluate all identified vulnerabilities on Internet- facing devices for potential adverse effect on the service’s security and integrity and remediate the vulnerability promptly or document why remediation action is unnecessary or unsuitable. The Department shall have the right to inspect these policies and procedures and the performance of vulnerability testing to confirm the effectiveness of these measures for the services being provided under the Contract. 3.7.6 Security Plan A. The Contractor shall protect State data according to a written security policy (“Security Plan”) no less rigorous than that of the State, and shall supply a copy of such policy to the State for validation, with any appropriate updates, on an annual basis. 3.7.7 Security Incident Response A. The Contractor shall notify the Department in accordance with Section 3.7.5A-D when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows: 1) notify the Department within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, Department chief information officer and Department chief information security officer; 2) notify the Department within two (2) hours if there is a threat to Contractor’s Solution as it pertains to the use, disclosure, and security of State data; and 3) provide written notice to the Department within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State (or Department) requests concerning such unauthorized use or disclosure. B. Contractor’s notice shall identify: 1) the nature of the unauthorized use or disclosure; http://doit.maryland.gov/support/Pages/SecurityPolicies.aspx Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 25 of 113 2) the State data used or disclosed, 3) who made the unauthorized use or received the unauthorized disclosure; 4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and 5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. 6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State. C. The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract. D. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless the State (or Department) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification. 3.7.8 Data Breach Responsibilities A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed: 1) Notify the appropriate State-identified contact within 24 hours by telephone in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law; 2) Cooperate with the State to investigate and resolve the data breach; 3) Promptly implement commercially reasonable remedial measures to remedy the Data Breach; and 4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services. B. If a Data Breach is a direct result of the Contractor’s breach of its Contract obligation to encrypt State data or otherwise prevent its release, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the Contract’s limitation of liability. 3.7.9 The State shall, at its discretion, have the right to review and assess the Contractor’s compliance to the security requirements and standards defined in the Contract. 3.7.10 Provisions in Sections 3.7.1 – 3.7.9 shall survive expiration or termination of the Contract. Additionally, the Contractor shall flow down the provisions of Sections 3.7.4-3.7.9 (or the substance thereof) in all subcontracts. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 26 of 113 3.8 Problem Escalation Procedure 3.8.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes. 3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available. 3.8.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include: A. The process for establishing the existence of a problem; B. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem; C. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP; D. Expedited escalation procedures and any circumstances that would trigger expediting them; E. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State; F. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and G. A process for updating and notifying the Contract Monitor of any changes to the PEP. 3.8.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. 3.9 SOC 2 Type 2 Audit Report A SOC Type 2 Report is not a Contractor requirement for this contract. 3.10 Experience and Personnel 3.10.1 Preferred Offeror Experience The Contractor shall have experience in providing Rehabilitation services to healthcare Practitioners. As proof of meeting this qualification, the Contractor must submit three references who can collectively attest to the Contractor’s experience. References must be submitted per the requirements of Section three (3). The following experience is expected and will be evaluated as part of the Technical Proposal (see the Offeror experience, capability, and references evaluation factor from Section 6.2. The Offeror shall describe its experience in providing treatment and Rehabilitation services and monitoring. The Offeror shall list the organizations, requiring a similar scope of work that previously have used the services of the Offeror and indicate the organizations that have used the services within the last three years and include the name and title of the contact person for the organizations. Maryland Board of Physicians Rehabilitation Program Solicitation #: 21-18481 RFP Document RFP for Maryland Board of Physicians Page 27 of 113 3.10.2 Personnel Experience The following experience is expected and will be evaluated as part of the Technical Proposal (see the capability of proposed resources evaluation factor from Section 6.2): A. Provide qualifications including professional license/certificate numbers for all proposed program staff members. B. The Contractor must provide the staff person’s experience and qualifications as described in 2.3.27 at all times during the Contract term. The Offeror’s Proposal shall include the resume, job description and copies of professional licenses, for this position. C. Medical Director: The Medical Director must have a full, unrestricted Ph

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