MARYLAND DEPARTMENT OF AGING
SOLICITATION OF PROPOSALS FOR VIDEO DEVELOPMENT AND PRODUCTION SERVICES FOR MARYLAND COMMUNITY FOR LIFE℠
The Maryland Department of Aging (“Department”) seeks proposals from offerors of video development and production services to produce a variety of video materials that promote Maryland Community for Life℠. This solicitation is designated as a small procurement. Only proposals meeting the criteria below will be considered.
I. BACKGROUND
By 2030, 26% of Maryland’s population will be 60+, with the vast majority striving to age in their own homes, self-reliant, healthy and engaged with activities and family. Yet, due to the predictable problems of aging, many may find themselves forced to leave home to move to higher levels of care such as assisted living or long-term care, with long term care often paid by Medicaid. In the process, many may exhaust their income, their assets and their family caregivers.
Maryland Community for LifeSM (“CfLSM”) providers deliver non-medical services and supports to Maryland residents 65 years and older who live independently in their own homes to pre-empt or minimize these problems and the related Medicaid expense. CfLSM is intended to help Maryland seniors cope with the predictable challenges of aging without exhausting their financial resources while, at the same time, decreasing the likelihood of needing long-term care. The Maryland Department of Aging is providing start-up grant funding to non-profit entities willing to become Maryland Community for Life℠ providers. Detailed provider requirements are described in Attachment C.
Each Community for LifeSM provider serves voluntary enrollees, 65 and over, without health or income qualification living in their homes in a geographically-defined community. Each designs its own financially-sustainable service model that does not depend on ongoing grant funding from the State, while requiring membership fees, with arrangements for those unable to pay the full membership fee. Membership would entitle an enrollee to at least CfLSM’s three core, non-medical services and assistance preventing fraud. See Attachment C.
Thus far, six organizations have been approved for grants: Broadmead Community Services serving Northern Baltimore County centered in the Cockeysville area; Keswick Community Health serving North Baltimore City and Baltimore County neighborhoods largely inside the beltway; Community for LifeSM Talbot serving Talbot County; a joint effort by Maintaining Active Citizens and the Worcester County Commission on Aging to serve Northern Worcester County; and Maintaining Active Citizens serving Wicomico County. Solicitation – Maryland Community for Life℠ Video Development and Production Services Page 2 of 28
Video materials are to focus on the core of CfLSM and be reusable by the local organizations in combination with additional local material specific to the local organization.
The Department’s goals in producing and distributing video content include:
1. Providing general education about CfLSM, which because of its novelty, is largely unknown to the public. 2. Educating potential members about the: a. Desirability and advantages of a service that is not limited by income or health status (not only for the neediest), and b. Advantages to seniors of spending money on assistance to prolong healthy living and prevent or minimize problems, as opposed to waiting to address emergencies with whatever resources happen to be available at the time. 3. Stimulating potential customers to inquire and become members.
The target audiences for the video content include:
1. Potential members, including both those younger seniors who still are trying to do most things for themselves and those older seniors who are more aware of challenges and considering assistance. 2. Adult children of potential members. 3. Potential partner organizations in the senior network and health systems who want to understand Community for Life℠, either to refer potential members or participate.
Example content includes:
1. Stories that connect with the Department’s audience. 2. Interviews (testimonials) with current members who typify the audience we seek concerning the advantages of CfLSM. 3. Description of CfLSM. 4. Clips of example problems with home maintenance, transportation, isolation, lack of awareness of existing opportunities/services for seniors, and fraud, which are issues CfL℠ seeks to ameliorate. 5. Interview with the Secretary of the Department about her mission and her vision.
The selected offeror for this procurement will commit to developing and producing video content to promote CfLSM in accordance with Section II, Scope of Work, below. Note that the Department will have final approval at all stages of the video development and production process.
II. SCOPE OF WORK
Subject to the procurement contract that the selected offeror and the Department will ultimately execute, the selected offeror will:
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1. Provide producer/director and creative services to produce video products about CfLSM with the following specifications:
a. The videos will be delivered within 100 days of contract commencement, pending mutual agreement on the shooting schedule. The selected offeror will provide a rough cut and any revisions as requested by the Department. There will be a rough cut provided, and then a revision of each product, before final approval. b. The products are to include short and longer formats, all to be seen by any of the Department’s audiences. i. Explanatory videos: 1. 10-minute video for any audience and any media explaining CfLSM that could be used as a comprehensive overview presentation. 2. 15-second advertisement (public service announcement) for broadcast. 3. 30-second (public service announcement) advertisement for broadcast. 4. For websites, including social media, three 1 to 2-minute videos on each of the three main services.
ii. To achieve a cost-effective result and maintain consistency, shorter and longer pieces should be assembled from a common pool of material. iii. The videos are to be delivered in the multiple formats necessary for use online, on the air, and for showings at promotional events. iv. The videos are to describe the core common elements but be customizable for local programs (at least by adding front and end tags).
2. Provide a project manager who will coordinate all phases of the production, from pre- production through delivery of the final product, and be the liaison between the selected offeror and the Department.
3. Protect the Department’s service mark in “Maryland Community for Life℠” and “Community for Life℠” including: a. Ensure that the service mark symbol (℠) is used whenever either of these text phrases are included. b. Include where appropriate the following sentence: “Maryland Community for Life℠” and “Community for Life℠” are service marks of the State of Maryland.
4. Provide all resources necessary to achieve quality final product, such as, but not limited to: a. Provide a writer to draft scripts for the videos based on input from the Department and revise the scripts based on input from the Department. b. Provide all production personnel and equipment.
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c. Provide all location recording, editing equipment, and personnel: i. Location videotaping days (portal to portal). ii. Tape logging as necessary. iii. Editing as necessary. iv. Studio to record Secretary of the Department (if needed). d. Provide electronic graphics and file manipulation of logos, pictures, and information. e. Provide music and sound effects, including arranging for and paying for all necessary permissions. f. Provide payment for all services contracted by the selected offeror, including writer/director. g. Provide closed captioning for the video in English. h. Provide narrator, recording facilities, and post-production services, including sound, as needed. i. Provide mp4 files for websites and YouTube via Google Drive. j. Provide 10 sets of DVD discs, each set containing all of the material.
Refer to the “Frequently Asked Questions (FAQ)” document, which is Attachment D, for additional information on the scope of work requirements.
III. OWNERSHIP AND RIGHTS OF MATERIALS
All of the works created as a result of this solicitation for purposes of this solicitation, including, but not limited to, videos, shall be the sole property of the State of Maryland and shall be available to the State of Maryland at any time. The State of Maryland shall have the right to use the same without restriction and without compensation to the offeror other than that specifically provided by this solicitation.
Works created as a result of this solicitation, and services performed as a result of this solicitation, shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable as a result of this solicitation are not works made for hire for the State of Maryland, the offeror agrees to relinquish, transfer, and assign to the State of Maryland all of its rights, title, and interest (including all intellectual property rights) to all such products created as a result of this solicitation, and will cooperate reasonably with the State of Maryland in effectuating and registering any necessary assignments.
In addition, note that Maryland Community for Life℠ and Community for Life℠ are service marks of the State of Maryland.
IV. ORGANIZATION CAPABILITY/QUALIFICATIONS
Offeror shall be a video development and production entity and shall describe in full in its proposal the relevant education, knowledge, and experience of the staff member(s) to be assigned to this project. Offeror must include a list of at least three professional references,
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V. BASIS OF AWARD
The contract will be awarded to the responsible offeror whose proposal is most advantageous to the State. The successful offeror will be selected on the basis of the offeror’s demonstrated ability to communicate a memorable message to viewers beyond the merely informative, the offeror’s knowledge of and experience in video development and production, the offeror’s experience in promoting similar efforts, and the offeror’s cost of service. This will be a small procurement, i.e., under $50,000.
VI. FORM OF PROPOSAL
Proposals must be in writing and must fully describe how the offeror will perform each task listed in Section II, Scope of Work. A proposal must also state which staff will perform each task and attach a copy of the resume of each participating staff person.
The offeror shall submit an itemized budget indicating all costs/charges associated with the project (e.g., telephone calls, postage, copying, overhead, routine travel, etc.). Offeror shall also indicate a total project cost for performing all services under the contract. As this is a small procurement, the contract proffered the successful offeror will have a not-to- exceed limit of $50,000 or less set by the Department.
Proposals must include the offeror’s Tax I.D. number and include a statement that the offeror is registered to do business in Maryland. If the offeror is currently not registered to do business in Maryland, the website link to register is located at http://dat.maryland.gov/Pages/sdatforms.aspx.
Proposals are limited to five pages in length. Attachments such as resumes, references, and video examples, are excluded from the five-page limitation.
Proposals and all other materials required for consideration must be submitted by email to the Procurement Officer, Caryn Lasser, at [email protected] by 10 AM, June 22, 2020. The subject line of the email must say “Proposal for Video Development and Production Services.” The attachment limit per email is 25 MB. If the size of the submission requires more than one email, multiple emails can be used, but the first line of each email must identify how many emails have been sent and which one it is, e.g. “Email 2 of 3.”
Proposals submitted by facsimile or U.S. mail will NOT be accepted.
A completed Bid/Proposal Affidavit must accompany a proposal. A Bid/Proposal Affidavit form is enclosed. The successful offeror should be prepared to enter into the form
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By submitting a response to this solicitation, an offeror represents that it is not in arrears in the payment of any obligation due and owing to the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for the contract award.
Offerors are to give specific attention to the identification of those portions of their proposals that they deem to contain confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
VII. MINORITY BUSINESS ENTERPRISES
Minority business enterprises are encouraged to respond to this solicitation.
VIII. INQUIRIES
Inquiries are to be directed to, Caryn Lasser, Procurement Officer, Maryland Department of Aging, at 443-414-2509 or [email protected].
Attachments: (A) Bid/Proposal Affidavit……………………………………Page 7 (B) Sample Contract Form……………………………………Page 14 (C) Maryland Community for LifeSM Requirements………….Page 20 (D) Frequently Asked Questions (FAQ)………………………Page 23
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ATTACHMENT A
BID/PROPOSAL AFFIDAVIT
A. AUTHORITY I hereby affirm that I, ______(name of affiant) am the ______(title) and duly authorized representative of ______(name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and: (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/proposal; (3) Fail to use the certified minority business enterprise in the performance of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the
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Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14- 605, Annotated Code of Maryland, which provides that a person may not: (1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; (2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract; (3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or (6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business): ______
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D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has: (1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) §7201, Attempt to Evade or Defeat Tax; (b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information; (d) §7206, Fraud and False Statements, or (e) §7207 Fraudulent Returns, Statements, or Other Documents; (10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;
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(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): ______E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved
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in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension). ______F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): ______G. SUBCONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/proposal that is being submitted; or (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/proposal is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of
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Labor, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. CERTIFICATION REGARDING INVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17- 705, Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17- 702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland. (2) The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: ______
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHER AFFIRM THAT: The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.
M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL I FURTHER AFFIRM THAT: In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to
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reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.
N. I FURTHER AFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the Bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.
O. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
By: Signature of Authorized Representative and Affiant Printed Name: Printed Name of Authorized Representative and Affiant Title: Title Date: Date
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
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ATTACHMENT B
SAMPLE SMALL PROCUREMENT CONTRACT
THIS CONTRACT (“Contract”) is made between the Maryland Department of Aging ("Department"), Suite 1007, State Office Building, 301 W. Preston Street, Baltimore, Maryland 21201, and ("Contractor"), whose address is ______.
IN CONSIDERATION OF the promises and the covenants herein contained, the parties agree as follows: I - SCOPE OF SERVICES
Subject to the continuing availability of State and/or federal funds, the Department hereby engages the Contractor to perform the following services:
1.
2.
These services shall be provided in accordance with the terms and conditions of this Contract.
This agreement shall constitute the scope of services provided under this Contract; provided, however, that the Department shall retain the unilateral right to require changes in the scope of services provided so long as such changes are within the general scope of work to be performed hereunder.
II - TERM
The term of this Contract shall be for a period from [______] through [______].
III - CONSIDERATION, PAYMENT AND PERFORMANCE
A. Subject to the continuing availability of State and/or federal funds, the Department shall pay the Contractor fees as follows:
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1.
2.
Each invoice for services rendered must reflect the Contractor's federal tax identification number or Social Security No., which is . Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article,
Annotated Code of Maryland, as from time to time amended, are prohibited.
B. In addition to any other available remedies, if, in the opinion of the Procurement
Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement
Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. The final Contract payment will not be made until after certification is received from the Comptroller of the State that all taxes have been paid.
IV - GENERAL PROVISIONS AND CONDITIONS
A. State Laws and Regulations: The terms of this Agreement and its execution, interpretation and enforcement are subject to all applicable Maryland laws and regulations and approval of other agencies of the State of Maryland as required under said laws and regulations.
B. Termination for Nonappropriation: If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this
Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.
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C. Termination for Default: If the Contractor does not fulfill its obligations under this Contract or violates any provisions of this Contract, the State may terminate the
Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State.
Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.
D. Termination for Convenience: The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned as of the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).
E. Amendments: This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract
(including the Contract price).
F. Nondiscrimination: The Contractor shall comply with the provisions of
State Finance and Procurement Article, Title 19, Annotated Code of Maryland. The Contractor shall comply with applicable nondiscrimination provisions of federal and Maryland laws and regulations.
G. Anti-Bribery: The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of
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H. Disputes: Disputes arising under this Contract shall be governed by State
Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10, Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.
I. Non-liability of Department: It is understood and agreed that the Department shall not be liable in any action of tort, contract, or otherwise for any actions of the Contractor arising out of this Contract.
J. Confidential Information: Contractor agrees to keep all confidential information submitted to it in the course of this undertaking confidential, and to refrain from using the confidential information for purposes other than in the performance of this Contract.
Contractor will impose this requirement of confidentiality upon all of its employees and subcontractors. All subcontract agreements to be entered into in connection with this undertaking by Contractor shall contain confidentiality requirements similar to the provisions of this Contract.
K. If the Contractor uses, in connection with the request for proposals (“RFP”) or this Contract, any design, device, material, process, or other item (such as images, photos, pictures, music, etc.), which is covered by a patent, trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor shall obtain the necessary permission or license, and pay all associated costs, to permit the Department to have permanent
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Department. All arrangements and coordination for production and talent shall be made by the
Contractor.
L. All of the works created as a result of the RFP or this Contract for purposes of the RFP or this Contract including, but not limited to, the videos, shall be the sole property of the State of Maryland and shall be available to the State of Maryland at any time. The State of
Maryland shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by the RFP and this Contract.
M. Works created as a result of the RFP or this Contract, and services performed as a result of the RFP or this Contract, shall be “works made for hire” as that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable as a result of the RFP or this Contract are not works made for hire for the State of Maryland, the Contractor agrees to relinquish, transfer, and assign to the State of Maryland all of its rights, title, and interest (including all intellectual property rights) to all such products created as a result of the
RFP or this Contract, and will cooperate reasonably with the State of Maryland in effectuating and registering any necessary assignments.
V - ADMINISTRATION
The work to be accomplished under this Contract shall be monitored by Grace Fielhauer (“Contract Monitor”). Only the Department’s Procurement Officer, Caryn D. Lasser, can make any binding decisions regarding the administration and performance of this Contract. All
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VI - REPRESENTATIVES
Each party to this agreement represents and warrants to the other that it has full right, power, and authority to execute this Contract.
CONTRACTOR
By: ______(Signature) ______(Printed or Typed Name) ______(Title) ______(Date)
MARYLAND DEPARTMENT OF AGING
By: ______Rona E. Kramer Secretary Maryland Department of Aging
______(Date)
Approved for form and legal sufficiency for the State of Maryland this day of , 20__.
______Assistant Attorney General
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ATTACHMENT C MARYLAND COMMUNITY FOR LIFE SM REQUIREMENTS In order for a person or other entity to receive grant funds from the Maryland Community for LifeSM Program and be licensed to use the Maryland Department of Aging's Community for Life SM service marks and logo, the person or entity must abide by and fulfill, at a minimum, the following requirements. 1. Financially sustainable: The grantee's project shall achieve a financially sustainable service model that will not depend, for continuation, on the ongoing availability of grant funding from the State of Maryland. The project's plan for sustainable funding shall include periodic membership fees and may include philanthropic contributions, fund raising activities, local government funding, or other revenue streams. The project shall permit payment of membership fees by an enrollee's family member(s) or other members of an enrollee's support network. The grantee may elect to incorporate a sliding fee scale or subsidize or make other arrangements for those unable to pay the full membership fee. 2. Standard package of services: The grantee's project shall deliver a standard package of non-medical supportive services within its service area to fee-paying members. The standard package of services shall include, but is not limited to, the core services specified below. The provision of services in addition to the core services is encouraged. Additional, non-core services may be included in the standard package of services provided in return for the periodic fee, if approved by the Maryland Department of Aging ("Department").
The core services provided for the periodic fee are: • Service Navigation—this service shall designate one or more individuals as Service Navigators to (1) provide each member regular proactive contact and assistance with avoiding social isolation; (2) assist members to access and utilize the project's standard package of services, and (3) assist members to find and engage with services provided by entities other than the grantee that may be beneficial to the member, e.g., houses of worship, government programs, services offered by other non-profits, services offered by for profit providers, fraternal organizations;
• Maintenance and Home Safety: . Handyman and Home Maintenance—this service shall provide an initial assessment of home safety and maintenance needs and then provide a certain amount of or number of handyman or home maintenance services per month or per year, as set forth in grantee's disclosure statement, Pre-vetted Contractors List —this service shall provide members with a list of licensed home repair and other contractors in the area who have been vetted by the grantee for the benefit of its members, Pre-vetted Contractors Proposal Review Service—this service shall review proposals that a member receives from pre-vetted contractors for large home projects; and
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• Transportation—this service shall include a minimum quantity (enumerated in grantee's proposal as trips, travel hours, or dollar value) of transportation from a member's home or location of choice in the grantee's service area to another location within the grantee's service area (such as to medical appointments, pharmacies, or grocery stores).
If a member desires additional quantities of the services provided in grantees standard package of services, quantities beyond the minimum amounts specified in grantee's disclosure statement, grantee may provide those additional services for an additional fee,. For example, if a project specifies that it will provide seven hours a month of light handyman services per member household as part of the services it provides for its monthly fee, it might also agree to provide light handyman services in excess of seven hours a month for an additional $28 per hour. 3. Service Navigators: A Service Navigator shall participate in all Department required and coordinated Service Navigator trainings and meetings.
4. Service Demographic and Service Area: The services of the grantee's project shall be for people age 65 or over living in their homes in a service area approved by the Department. A Service Area must be geographically distinct, contiguous, and unambiguously describable. Department approval is required if grantee wants to change its service area or provide Community for LifeSM services outside of its service area. Department reserves the right to revise service area boundaries in response to grantee's or licensee's requests or, in its sole judgment, in consideration of the best means to achieve the goals of the Community for LifeSM Program. 5. Disclosure Statement: The grantee shall provide the Department, each prospective member, and each member with a disclosure statement that specifies in detail: the services included in the grantee's standard package of services, any extra services in addition to the standard package of services that will be provided to a member for a fee in addition to the periodic fee, the amount of the periodic fee, and the amount or range of fees for any extra services. 6. Vitality: The services of the grantee or licensee's project shall emphasize continued vitality and engagement as a defense against morbidity and incapacity. 7. Trustworthy: The project shall provide its members with trustworthy partners in the face of endemic attempts at exploitation and fraud against them, which can cause seniors to retreat from seeking the assistance that they may need to be healthy and engaged in their community. 8. Cooperation among Community for Life SM Projects: The grantee's project shall cooperate with other Community for LifeSM projects and with the Department. Grantees and licensees must share information with the Department as allowed by law and work cooperatively to solve problems and promote the Program.
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9. Data Sharing and Reporting: The grantee's project shall comply, within applicable legal privacy restrictions, with the Department's requirements for data and reporting to oversee use of State funds, monitor aspects of operations, and accumulate data to evaluate program outcomes. Data shall be submitted in the format(s) the Department requests. The current data reporting requirements include:
• For each quarter of the grant period: . Member additions, subtractions, period averages, and end of period total, . Numbers of members by each type of fee, i.e., full fee or subsidized fee, by amount, . Services provided cross-walked with numbers of members served, . Numbers of referrals to existing services, like Chronic Disease Management programs (and which ones), . Member count by age bracket and sex, . Member key health conditions: Mobility/balance, chronic diseases, . Number of member events by category, e.g., falls, , emergency room visits, hospital stays, departure from home to Assisted Living or Long Term Care, and Member data indicating compliance or non-compliance with Chronic Disease Management programs and referrals made by the Service Navigator, and
• Semi-annually: . Results of a member satisfaction survey of all participants, including what new members said they wanted versus what they used, and . A project performance analysis comparing planned performance against actual performance in terms of penetration, type of member, services used, etc.
The Department may make reasonable data reporting requirement changes with notification to the grantee in writing.
10. Not Continuing Care at Home: A grantee's project may not constitute Continuing Care at Home (CCAH) as defined by Maryland's Human Services Article, Title 10, Subtitle 4, Part VI.
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ATTACHMENT D FREQUENTLY ASKED QUESTIONS (FAQ)
This Frequently Asked Questions (FAQ) document provides additional information on the requirements related to the attached RFP issued by the Maryland Department of Aging (“Department” or “we”).
1. Question: What is needed in terms of a speaker/voiceover? Is it safe to assume that all other videos will be voiceovers? Will the offeror be scripting all 6 videos in total?
• Answer: There are a total of six video products required, although note that Section II.1.b.5 provides, “To achieve a cost-effective result and maintain consistency, shorter and longer pieces should be assembled from a common pool of material.” The vendor selected will be expected to create scripts for all the videos. Please review the other answers provided herein and note that they suggest there might be other speakers filmed, e.g., testimonials. The six products are listed in the RFP, Section II as follows: o 1 b(i)1 -1 product o 1 b(i)2 -1 product o 1 b(i)3 -1 product o 1 b(i)4 - 3 products
2. Question: Will all content that the offeror needs to capture be located in the greater Baltimore area or does the State foresee the need to travel to other parts of the state for filming? If so, what parts of the state?
• Answer: The Department would like to see, but is not requiring, city, suburban and rural settings. It would be acceptable to select locations that minimize costs related to travel. The exception is testimonials. We will need the vendor to travel to the subjects. We will not know who they are or where they will be located until we can actually schedule the filming. They may be at any of the current locations, which stretch from Cumberland to Ocean City, as detailed in the RFP.
3. Question: For Section II.4.c of the Scope of Work:
"Provide all location recording, editing equipment, and personnel: i. Location videotaping days (portal to portal). ii. Tape logging as necessary. iii. Editing as necessary. iv. Studio to record Secretary of the Department (if needed)."
What is meant by "Location videotaping days (portal to portal)”? Should the offeror expect to provide its own space or rent a space for shooting all video footage?
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• Answer: Provide “Location videotaping days (portal to portal)” means the offeror should provide all labor, equipment and other resources necessary to completely execute the videotaping on each day, with the exception of subjects provided by the Department, i.e., the Secretary and seniors giving testimonials. With respect to space for shooting video, a proposal should cover the cost of any space needed to shoot the video envisioned by the proposal. The Department may be able to provide suitable space for shooting video of the Secretary and any testimonials by participants.
4. Question: Approximately how many days of filming do you anticipate having?
• Answer: We have no expectations in this regard beyond the specifications in the RFP.
5. Question: Is there an expected contract award date?
• Answer: There is no exact date set.
6. Question: When is the project is slated to commence?
• After the award, we will meet with the selected vendor and agree on a 100-day schedule, with the intent to begin promptly.
7. Question: The RFP states that “the videos will be delivered within 100 days of contract commencement, pending mutual agreement on the shooting schedule.” What is driving the deadline (e.g., specific event or campaign)?
• Answer: There is no specific event or currently scheduled campaign that is driving the deadline. The Department simply wants the videos to be available for “airing” as soon as possible.
8. Question: If there are no driving events, would the Department be open to lengthening the 100 day deadline to a mutually agreed upon timeline in support of meeting the video goals successfully?
• Answer: See answers above. As stated in the RFP, there will need to be mutual agreement on the shooting schedule.
9. Question: The RFP mentions twice that the budget is not to exceed $50,000. Does the Department has a specific budget in mind?
• Answer: The Department’s procurement authority under the process being used for this procurement is up to $50,000. That is the threshold for all small procurements. Hence, the repeated reference to that number. This does not
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mean that there is a $50,000 budget for this project. Price will be a factor in evaluating the proposals.
10. Question: How will the proposals be evaluated?
• Answer: See Section V of the RFP, which reads: “The successful offeror will be selected on the basis of the offeror’s demonstrated ability to communicate a memorable message to viewers beyond the merely informative, the offeror’s knowledge of and experience in video development and production, the offeror’s experience in promoting similar efforts, and the offeror’s cost of service.”
11. Question: Will the vendor be responsible for identifying and selecting the video subjects?
• Answer: We, the Department of Aging, will identify individuals, in addition to the Secretary of Aging, to provide testimonials and will expect the vendor to provide input on selecting the best individuals from a video perspective. For possible subjects other than the Secretary and individuals providing testimonials, the Department will work in consultation with the vendor to identify and select subjects.
12. Question: Does the Department envision the use of paid talent? How many? Will this include extras?
• Answer: The Department does not necessarily envision the use of paid talent, but does not rule it out. For situations demonstrating the need for services, such as an older individual climbing a ladder, perhaps a paid person may be appropriate and the best solution, perhaps not. Cost will be a factor in the evaluation of the proposals.
13. Question: Has the Department vetted and selected senior members for the testimonial videos or is this the responsibility of the vendor?
• Answer: The Department and the Community for Life℠ organizations will identify the seniors who are potential sources of testimonials after the award. The Department will cooperate with the vendor to insure the seniors selected are capable of performing the testimonial and available to be filmed on the agreed schedule.
14. Question: Can the Department estimate the number of seniors who would need to be vetted? Is there a preference for geographic diversity which would require travel across the state?
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• Answer: The Department will collect nominations from the Community for Life℠ organizations for testimonials and provide that as input to the script process. The number of testimonials needed will be determined by the scripts and that will drive the number needed to be vetted. Diversity will be highly desirable and this may require filming at any of the current locations, which stretch across the state from Cumberland to the Ocean City, as detailed in the RFP.
15. Question: Will the vendor be responsible for coordinating and scheduling with the selected subjects?
• Answer: Yes, although the Department will assist as best it can.
16. Question: Does the Department envision the use of integrated motion graphics or animation?
• Answer: They are not required; they are not forbidden. They could be proposed as part of a proposal.
17. Question: Are there any example videos that convey the style/approach envisioned for this project that you could provide as samples?
• Answer: There are not any examples that we have in mind. 18. Question: Has the Department of Aging produced videos in the past?
• Answer: No similar videos have been created for the Department in the recent past.
19. Question: Does the Department have a set of branding guidelines available for use? What about archival footage, a style guide, or a photo library?
• Answer: There is no archival footage, nor a style guide or photo library. The Department does have a “Requirements” document, which is Attachment C to the RFP. It also has a registered service mark in the names listed in the RFP and the following graphic image:
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• There are no other branding guidelines.
20. Question: Is the Department looking for one round of review and revision for deliverables (including script/storyboard, video)?
• Answer: For each deliverable, i.e., for each of the six videos required, there will be two rounds of review. The first would be the review of the storyboard and script; the second would be the review of the rough cut video. After each review the vendor must provide a revised product that comports with the Department’s review comments and constitutes a professional and complete product.
21. Question: Does the line item cost sheet count toward the 5 page limit of the proposal or is it a separate document?
• Answer: The itemized budget called for in Section VI of the RFP is not counted towards the 5 page limit. It can be a separate document. See also the last paragraph below.
22. Question: The Scope of Work in the RFP requires that the vendor “[p]rovide 10 sets of DVD discs, each set containing all of the material.”. Does “all of the material” refer to the finished products? Or does the Department require that all footage, including raw footage, obtained be submitted in DVD form?
• Answer: This requirement pertains to finished material.
23. Question: Would a foreign company that is registered to do business in Maryland and has a federal EIN be barred from receiving the contract?
• Answer: No, but note filming will need to take place in Maryland.
24. Question: Should the offeror budget for broadcast licensing of things like music and voiceover?
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• Answer: Proposals should not include the use of any music, voiceovers, or other intellectual property that would require ongoing royalty or similar payments to be paid for repeated airings of the video content. Note that the sample contract attached to the RFP includes intellectual property provisions.
25. Question: Are the 3 main services that should be profiled in the three 1-2 min videos on the website's landing page the core services detailed in Attachment C?
• Answer: Yes.
26. Question: Could you please provide any pricing form instructions or guidance for the Response Pricing Form?
• Answer: You may ignore the Response Pricing Form on eMaryland Marketplace Advantage (emma). That form is a default form that is part of the new version of emma. What is required for a financial proposal is the itemized budget and total project cost or “not-to-exceed” amount called for in Section VI of the RFP.
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