STATE OF MARYLAND MARYLAND DEPARTMENT OF HEALTH

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

REQUEST FOR PROPOSALS (RFP)

ELECTRONIC HEALTH RECORDS (EHR)

SOFTWARE AS A SERVICE (SAAS)

RFP NUMBER: OCMP-22-18251

EMMA#BPM030665

ISSUE DATE: JULY 12, 2022

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page ii of 146

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 completed form to the attention of the Procurement Officer (see Key Information Summary

Sheet below for contact information).

Title: Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation No: OCMP-22-18251

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: ________________________________________________________________

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page iii of 146

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

KEY INFORMATION SUMMARY SHEET

Request for Proposals

IT - Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation Number:

OCMP-22-18251

RFP Issue Date:

July 12, 2022

RFP Issuing Office:

Maryland Department of Health (MDH or the "Department")

Procurement Officer:

Jim Beauchamp

Office of Contract Management and Procurement

201 W. Preston Street

Baltimore, MD 21201

e-mail:

Office Phone:

Procurement Officer:

e-mail:

Office Phone:

[email protected]

410-767-0974

Sherida Studwood

Office of Contract Management and Procurement

201 W. Preston Street

Baltimore, MD 21201

[email protected]

443-681-8833

Proposals are to be sent to:

Offeror must submit proposals via eMMA @

https://procurement.maryland.gov/.

Please note that in order to receive a contract award, a vendor must

be registered on eMMA. Registration is free. Go to

emma.maryland.gov, click on “New Vendor? Register Now” to

begin the process, and then follow the prompts.

Pre-Proposal Conference:

July 29, 2022, 11:00 am EST Local Time via Web conference

See Attachment A for instructions.

Questions Due Date and Time

September 2, 2022, 2:00 pm EST Local Time

Proposal Due (Closing) Date

and Time:

September 9, 2022, 2:00 pm EST 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:

VSBE Subcontracting Goal:

Contract Type:

Firm Fixed Price with Labor Hours Contract

The Contract that results from this RFP shall be a combination of a

Firm Fixed Price contract as described in COMAR 21.06.03.02.A (1)

and Labor Hour Contract as described in COMAR 21.06.03.05.A (1).

Contract Duration:

Five (5) year base period with Two (2) – One (1) Year option periods

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page iv of 146

Primary Place of

Performance:

Proposed by Offeror

SBR Designation:

Federal Funding:

Electronic Health Records (EHR) Software as a Service (SaaS) 
Solicitation #: OCMP-22-18251 
RFP Document 
 
RFP for Maryland Department of Health     Page v of 146 
 
TABLE OF CONTENTS – RFP 
Minimum Qualifications ....................................................................................................................... 1 
1  Offeror Minimum Qualifications ................................................................................................. 1 
Contractor Requirements: Scope of Work ......................................................................................... 2 
1  Summary Statement ..................................................................................................................... 2 
2  Background, Purpose and Goals .................................................................................................. 2 
3  Contractor Responsibilities and Tasks ....................................................................................... 14 
4  Contractor-Supplied Hardware, Software, and Materials .......................................................... 16 
5  Functional/Business Requirements ............................................................................................ 16 
6  Training ...................................................................................................................................... 16 
7  Required Project Policies, Guidelines and Methodologies ........................................................ 17 
8  Deliverables ................................................................................................................................ 19 
9  Service Level Agreement (SLA) ................................................................................................ 25 
10  EHR On-Demand Future Activities ........................................................................................... 29 
Contractor Requirements: General ................................................................................................... 31 
1  Contract Initiation Requirements ............................................................................................... 31 
2  End of Contract Transition ......................................................................................................... 31 
3  Invoicing..................................................................................................................................... 33 
4  Liquidated Damages ................................................................................................................... 36 
5  Disaster Recovery and Data ....................................................................................................... 36 
6  Insurance Requirements ............................................................................................................. 37 
7  Security Requirements ............................................................................................................... 39 
8  Problem Escalation Procedure ................................................................................................... 46 
9  SOC 2 Type 2 Audit Report ....................................................................................................... 47 
10  Experience and Personnel .......................................................................................................... 49 
11  Substitution of Personnel ........................................................................................................... 51 
12  Minority Business Enterprise (MBE) Reports ........................................................................... 54 
13  Veteran Small Business Enterprise (VSBE) Reports ................................................................. 54 
14  Work Orders ............................................................................................................................... 54 
15  Additional Clauses ..................................................................................................................... 55 
Procurement Instructions ................................................................................................................... 59 
10  Pre-Proposal Conference ............................................................................................................ 59 
11  eMaryland Marketplace Advantage (eMMA) ............................................................................ 59 

Electronic Health Records (EHR) Software as a Service (SaaS) 
Solicitation #: OCMP-22-18251 
RFP Document 
 
RFP for Maryland Department of Health     Page vi of 146 
 
12  Questions .................................................................................................................................... 59 
13  Procurement Method .................................................................................................................. 60 
14  Proposal Due (Closing) Date and Time ..................................................................................... 60 
15  Multiple or Alternate Proposals ................................................................................................. 60 
16  Economy of Preparation ............................................................................................................. 60 
17  Public Information Act Notice ................................................................................................... 60 
18  Award Basis ............................................................................................................................... 61 
19  Oral Presentation ........................................................................................................................ 61 
20  Duration of Proposal .................................................................................................................. 61 
21  Revisions to the RFP .................................................................................................................. 61 
22  Cancellations .............................................................................................................................. 61 
23  Incurred Expenses ...................................................................................................................... 62 
24  Protest/Disputes .......................................................................................................................... 62 
25  Offeror Responsibilities ............................................................................................................. 62 
26  Acceptance of Terms and Conditions ........................................................................................ 62 
27  Proposal Affidavit ...................................................................................................................... 63 
28  Contract Affidavit ...................................................................................................................... 63 
29  Compliance with Laws/Arrearages ............................................................................................ 63 
30  Verification of Registration and Tax Payment ........................................................................... 63 
31  False Statements ......................................................................................................................... 63 
32  Payments by Electronic Funds Transfer..................................................................................... 63 
33  Prompt Payment Policy .............................................................................................................. 64 
34  Electronic Procurements Authorized ......................................................................................... 64 
35  MBE Participation Goal ............................................................................................................. 65 
36  VSBE Goal ................................................................................................................................. 65 
37  Living Wage Requirements ........................................................................................................ 66 
38  Federal Funding Acknowledgement .......................................................................................... 67 
39  Conflict of Interest Affidavit and Disclosure ............................................................................. 67 
40  Non-Disclosure Agreement ........................................................................................................ 67 
41  HIPAA - Business Associate Agreement ................................................................................... 67 
42  Nonvisual Access ....................................................................................................................... 68 
43  Mercury and Products That Contain Mercury ............................................................................ 69 
44  Location of the Performance of Services Disclosure ................................................................. 69 
45  Department of Human Services (DHS) Hiring Agreement ....................................................... 69 
46  Small Business Reserve (SBR) Procurement ............................................................................. 69 

Electronic Health Records (EHR) Software as a Service (SaaS) 
Solicitation #: OCMP-22-18251 
RFP Document 
 
RFP for Maryland Department of Health     Page vii of 146 
 
4.47  Maryland Healthy Working Families Act Requirements ........................................................... 69 
5  Proposal Format .................................................................................................................................. 70 
5.10  Two Part Submission ................................................................................................................. 70 
5.11  Proposal Delivery and Packaging .............................................................................................. 70 
5.12  Volume I - Technical Proposal................................................................................................... 70 
5.13  Volume II – Financial Proposal ................................................................................................. 80 
6  Evaluation and Selection Process ...................................................................................................... 81 
6.1  Evaluation Committee ................................................................................................................ 81 
6.2  Technical Proposal Evaluation Criteria ...................................................................................... 81 
6.3  Financial Proposal Evaluation Criteria ...................................................................................... 81 
6.4  Reciprocal Preference ................................................................................................................ 82 
6.5  Selection Procedures .................................................................................................................. 83 
6.6  Documents Required upon Notice of Recommendation for Contract Award ........................... 84 
7  RFP ATTACHMENTS AND APPENDICES .................................................................................. 85 
Attachment A.  Pre-Proposal Conference Response Form ................................................................ 89 
Attachment B.  Financial Proposal Instructions & Form .................................................................. 90 
Attachment C.  Proposal Affidavit ....................................................................................................... 92 
Attachment D.  Minority Business Enterprise (MBE) Forms ............................................................ 93 
Attachment E.  Veteran-Owned Small Business Enterprise (VSBE) Forms .................................... 94 
Attachment F.  Maryland Living Wage Affidavit of Agreement for Service Contracts ................. 95 
Attachment G.  Federal Funds Attachments ....................................................................................... 97 
Attachment H.  Conflict of Interest Affidavit and Disclosure ............................................................ 98 
Attachment I.  Non-Disclosure Agreement (Contractor) .................................................................. 99 
Attachment J.  HIPAA Business Associate Agreement ................................................................... 100 
Attachment K.  Mercury Affidavit ..................................................................................................... 101 
Attachment L.  Location of the Performance of Services Disclosure .............................................. 102 
Attachment M.  Contract ..................................................................................................................... 103 
Attachment N.  Contract Affidavit ..................................................................................................... 121 
Attachment O.  DHS Hiring Agreement ............................................................................................ 122 

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page viii of 146

Appendix 1. – Abbreviations and Definitions ....................................................................................... 123

Appendix 2. – Offeror Information Sheet ............................................................................................. 129

Appendix 3. – Non-Disclosure Agreement (Offeror) ............................................................................ 130

Appendix 4. – Electronic Health Records SaaS – Functional Requirements ..................................... 131

Appendix 5. - Labor Categories ............................................................................................................ 132

Appendix 6. - Labor Classification Personnel Resume Summary ...................................................... 144

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 1 of 146

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

There are no Offeror Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 2 of 146

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Health (MDH or the "Department") is issuing this Request for

Proposals (RFP) in order to procure a multi-tenant, subscription-based Software as a Service

(SaaS) solution for Electronic Health Records (EHR) and revenue-cycle management for eleven

(11) healthcare facilities operated by MDH. This system is referred to as the new or modern EHR

system.

2.1.2 The new EHR system will replace the legacy Hospital Management Information System (HMIS)

used for census and billing, as well as a legacy pharmacy system and other clinical systems. The

new EHR system will support the Admission/Discharge/Transfer (ADT), billing, collections,

pharmacy, laboratory, order entry, clinical documentation, behavioral health, and Long-Term

Care (LTC) functions of the facilities. The new EHR system shall be a cloud based hosted

solution running in its own instance in a single database.

2.1.3 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and

services and meet all the requirements requested in this solicitation. The successful Offeror (the

Contractor) shall remain responsible for Contract performance regardless of subcontractor

participation in the work.

2.1.4 The State does not wish to procure a software application still under development. The SaaS

solution shall have been fully operational within the last five (5) years and preferably have been

in full and complete successful production for at least one (1) year in a behavioral healthcare

provider organization with no less than 2,500 employees.

2.1.5 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.

2.1.6 The Department intends to make a single award as a result of this RFP. See RFP Section 4.18

Award Basis for more Contract award information.

2.1.7 A Contract award does not ensure a Contractor will receive all or any State business under the

Contract.

2.2 Background, Purpose and Goals

2.2.1 MDH Healthcare System

Maryland’s healthcare delivery system consists of public and private hospitals, nursing homes, outpatient

clinics, home healthcare services, hospices, providers, and health educators, among others. As a public

health department, the goal is to improve the health status of every Maryland resident and to promote

access to quality healthcare. MDH is responsible for assisting the mission of regulating healthcare

providers, facilities, organizations, and manage direct services to patients, where appropriate.

MDH has four (4) major Departments:

1. Behavioral Health Administration (BHA)

2. Developmental Disabilities Administration (DDA)

3. Public Health Services Administration (PHS)

4. MDH Healthcare System (See Section 2.2.2)

In addition, the Department has twenty (20) boards that license and regulate healthcare professionals,

various commissions that issue grants and research, and make recommendations on issues that affect

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 3 of 146

Maryland’s healthcare delivery system. MDH depends on a staff of more than 6,500 and a budget of more

than $14 billion to provide health-related services to Maryland communities.

A. The Behavioral Health Administration (BHA) promotes recovery, resiliency, health, and wellness for

individuals who have emotional, substance use, addictive and/or psychiatric disorders. Most

admissions (98%) involve patients involved in the criminal justice system (sometimes referred to as

forensic patients). Among the BHA functions are:

1. The Clinical Services Division - ensures that an effective comprehensive system of behavioral

health services and support are available and accessible to adults throughout their lifespan in

response to the needs of individuals with mental health conditions, substance-related disorders,

and the co-occurring of the conditions and disorders. The Clinical Services Division evaluates

the network of services that the BHA funds and is responsible for Statewide planning,

development, administration and monitoring the comprehensive system of behavior health

services of the BHA. The mission of the Clinical Services Division is implemented through the

offices of Adult and Specialized Behavioral Health Services, and Quality Assurance, and the

State Opioid Treatment Authority.

2. The Children’s Services Division - develops a system of care for young people and their

families ranging from early childhood through adulthood. The system of care is designed to

meet the needs of individuals within this age range who have mental health conditions,

substance-related disorders, and those who have both.

a. The Office of Court-Ordered Evaluations and Placements (OCEP) oversees services

provided for individuals with mental disorders and developmental/intellectual disabilities

who are court-involved. OCEP includes the divisions listed below:

i. Centralized Admissions Office (CAO) - Serves as the single point of contact for

submission of all court orders that commit defendants to MDH for evaluation or

treatment of a mental health or substance use disorder

ii. Adult Pretrial Services - responsible for coordinating mental-competency evaluations

ordered by the adult criminal courts of Maryland.

iii. Juvenile Pretrial Services - responsible for providing pre-adjudication evaluations for

competency to proceed in Juvenile court. Unlike the adult criminal system, Juvenile

Pretrial Services does not evaluate for criminal responsibility. Juvenile Pretrial Services

oversees competency attainment services and the ongoing re-evaluations of juveniles

who have been found incompetent to proceed but attainable.

iv. Justice Services-Addictions - charged with monitoring and conducting court ordered

evaluations and placing defendants into treatment under court orders.

v. Community Forensic Aftercare Program (CFAP) - responsible for monitoring

individuals on signed orders of conditional release in both District and Circuit court in

every county in the State of Maryland.

B. MDH oversees the operation of two (2) developmental disability State residential centers, the Holly

Center in Salisbury, and the Potomac Center in Hagerstown. Both State Residential Centers are

responsible for the provision of needed services to people who have intellectual disabilities admitted to

the facility while working to integrate these people into less restrictive settings in the community.

1. The Court Involved Residence Program (CIRP) is located within the Potomac Center campus

provides evaluation and assessment services, as well as active treatment to people with

intellectual disabilities and court involvement within a secure and safe environment. In

addition, direct case consultation and assistance is provided to both criminal justice and human

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 4 of 146

services staff regarding people with intellectual disabilities involved with the criminal justice

system.

C. The Public Health Services Administration (PHS) oversees nine (9) major units (or bureaus) and

twenty-four (24) local health departments that provide surveillance, prevention, treatment, and

regulatory oversight services to all Marylanders. PHS operates two (2) Chronic Care Facilities (CCF),

Deer’s Head Center and Western Maryland Center. These facilities provide comprehensive healthcare

and rehabilitation services for the clinically complex patient and resident.

1. The Western Maryland Center’s Specialty Hospital Medical Care Unit is a unique program that

bridges the gap between hospital and home. Citizens of Maryland with multi-system and

specialized healthcare needs are managed by a dedicated, interdisciplinary team of healthcare

professionals that assist the patient in reaching their highest level of independence

possible. Patients admitted to the hospital unit, who are ventilator dependent, require frequent

intervention, rehabilitation, Peritoneal Dialysis, Total Parenteral Nutrition, or special isolation.

Any number of diagnosis and co-morbidities are accepted into the Specialty Hospital including

but not limited to: Brain Injury Rancho I – II emerging and requiring ventilator management,

Spinal Cord Injury, Multiple Trauma, Multiple systems failure, post Coronary Artery Bypass

Graft or other open heart surgeries requiring extensive re-stabilization and rehabilitation, Stage

III-IV wound management and wound vac, hyperalimentation, and infectious disease

management and isolation including negative pressure isolation.

2. MDH is also responsible for overseeing the delivery of the public behavioral health system

(PBHS). Maryland currently provides or funds PBHS in two ways, directly through its State

psychiatric hospital system and by funding its managed fee-for-service system, using both State

and federal funds. All community behavioral health treatment services are administered through a

Behavioral Health Administrative Services Organization, in partnership between the Behavioral

Health Administration (BHA) and the State’s Medicaid Program.

2.2.2 Maryland Department of Health (MDH) Healthcare System

MDH operates the following eleven (11) facilities listed below. The number of users of the

system are approximately 3,100 and subject to change due to changes in staffing levels. In total,

MDH operates five (5) psychiatric hospitals, two (2) developmental disability facilities, two (2)

long-term care hospitals and two (2) Regional Institute for Children and Adolescent (RICA)

facilities. The total average daily census across all facilities is approximately 1,180. The smallest

facility population is approximately 32 and the largest is approximately 377.

NOTE: Please note that the numbers listed under each facility are subject to change

throughout the solicitation and implementation of the EHR system.

A. Clifton T. Perkins Center – Jessup

The Perkins Center is a maximum-security psychiatric hospital located in Jessup. Some patients

stay for short periods, while others may stay for 20 years or more. Perkins has 289 beds. There

are 58 clinical providers (doctors, nurse practitioners, licensed social workers, psychiatrists,

etc.) at Perkins. With nurses and additional staff, the total number of users is estimated at

394. Perkins has its own pharmacy and will require access to a pharmacy module. Perkins uses

an external laboratory, Quest, and will require an orders/results interface.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 5 of 146

B. Springfield Hospital Center - Sykesville

Springfield Hospital has a campus setting with many buildings and is located in

Sykesville. Springfield has 239 beds. There are 24 psychiatrists, 7 somatic physicians, 2

physician assistants, 23 psychologists, 25 social workers, 17 occupational therapists, 1 physical

therapist, 163 registered nurses, 88 LPNs, 3 addiction specialists, 3 registered dietitians and 11

medical records staff with an estimate of 575 users that will use the new system. McKeldin

Assisted Living Unit (ALU) will be opening soon on Springfield Hospital Center Campus.

C. Spring Grove Hospital Center - Catonsville

Spring Grove has a campus setting with many buildings and is located in Catonsville. The facility

has several different types of units with different dispensing requirements (unit dosing, 30 days,

etc.). Spring Grove is the largest MDH facility, with 397 beds. There are 600 clinical providers that

will be users of the system including 450 nurses. Spring Grove uses the Assurance and

Improvement in Medications Safety (AIMS) pharmacy module for dispensing medications. They use

Quest as an external lab. They use TechCare for external radiology.

D. Thomas B. Finan Center – Cumberland

The Thomas B. Finan Center is located in Cumberland. Finan has 66 beds and 22 ALU beds. There

is a total of 156 users who will access the system. Finan uses the Western Maryland Hospital Center

as an external laboratory. The facility utilizes a system developed in-house (called DPOE, for Direct

Physician Order Entry) to allow physicians to enter orders and staff to create/modify/print MARs

and other medication forms. This system utilizes Access and is used as a front and back end to the

existing pharmacy module used by the other pharmacies. The Assurance and Improvement in

Medications Safety (AIMS) pharmacy module is used for dispensing medications.

E. Eastern Shore Hospital Center - Cambridge

The Eastern Shore Hospital is located in Cambridge and has 84 beds, but this number is subject to

change throughout the implementation of the EHR system. The facility uses the E-Chart system for

patient census data and pharmacy management system. It does not use the AIMS pharmacy

module. There are 6 psychiatrists, 1.5 somatic physicians, 1 forensic psychiatrist, 4 psychologists, 6

social works, 83.35 nursing FTEs, 11 rehabilitation staff and 6 medical records staff, for a total of

319 users who will all access the system.

F. Deer’s Head Hospital Center - Salisbury

The Deer’s Head Hospital Center is a chronic care facility located in Salisbury and has 80 licensed

beds in the chronic care unit, 66 licensed long-term care beds, and services 60 dialysis and 16 PT/OT

outpatients each day. There are 38 clinical providers, and a total of 150 clinical and direct care staff

that will be using the system. Deer’s Head is using the OptimusEHR system from vendor Yardi.

Deer’s Head uses an internal laboratory system (SchuyLab) and two external labs: the State of

Maryland and Peninsula Regional Medical Center (Epic). They are running the DIAPro dialysis

system from Gaia Software, use an external pharmacy (Allied), an external imaging service

(Mobilez at Peninsula Regional Medical Center) and the OnDemand dietary system. Reporting is

sent to the Center for Medicaid Services (CMS) for SNF, LTCH and quality measures.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 6 of 146

G. Western Maryland Hospital Center - Hagerstown

The Western Maryland Hospital Center is a chronic care facility located in Hagerstown and serve 46

beds. The facility provides three types of services: chronic care, traumatic brain injury and long-

term care (for ventilator dependent patients). They are also using the Yardi OptimusEHR

system. There are 151 clinical employees that would access the new system. They are using an

external pharmacy (Allied) and are running Orchard Software for their internal laboratory.

H. Holly Center - Salisbury

The Holly Center is a developmental disability center located in Salisbury. Holly has 100 licensed

beds. There are 148 staff positions (including 92 direct care assistants, 24 RNs, seven LPNs, five

PT/OT/ST, two social workers, one RD, one psychiatrist, one podiatrist, and one psychologist, seven

contract professionals, and a nurse agency contract), who will all access the system. There is no

existing EHR system, although they are using an Access database for census, in addition to

HMIS. They use an external pharmacy (Allied) and an external lab at Peninsula Regional Medical

Center, which runs on the Epic EHR System.

I. Potomac Center - Hagerstown

The Potomac Center is a developmental disability center located in Salisbury. Potomac has 47

licensed beds and 95 clinical providers, all those who hold a license: doctor, RN, LPN, CNA,

LCSW, Psychiatrist, Psychologist. They have no EHR in use at this time. They are using an external

pharmacy (Pharmacare), external laboratories (LabCorp and a local hospital using Meditech Lab).

J. CIRP (Court Involved Residence Program) Potomac Center Campus - Hagerstown

The Court Involved Residence Program (CIRP) – Hagerstown Program provides evaluation and

assessment services, as well as active treatment to people with intellectual disabilities and court

involvement within a secure and safe environment. The CIRP unit is located on the grounds of the

Potomac Center campus. The management and operations of the unit are under the Potomac Center

leadership. The CIRP has 28 beds and 75 clinical providers. The estimated total number of users for

Potomac/ CIRP is 224.

K. RICA – Baltimore

The Regional Institute for Children and Adolescents - Baltimore is a mental health residential

treatment facility located in the city of Baltimore. The facility is operating with a capacity of 45

beds. There are 28 clinical providers, excluding nurses. There are 22 licensed nurses/state

employees, 17 unlicensed nursing staff/state employees, and 31 unlicensed nursing staff/contractual

employees. Total number of users is estimated to be 174. They have no EHR in use at this

time. They are using an external pharmacy (Allied), and two external laboratories (Friends &

LabCorp).

L. JLG RICA – Rockville

The John L. Gildner Regional Institute for Children and Adolescents is a residential, clinical, and

educational facility serving children and adolescents with severe emotional disabilities, located in

Rockville. The facility is operated in conjunction with the Montgomery County Public School

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 7 of 146

district to provide an academic, behavioral, day and residential treatment program in a highly

structured, therapeutically integrated milieu. The facility has 32 beds for residents and there are 75-

day treatment children for which there are medical records. There are 41 clinical providers (five of

whom are receiving their license & will require co-signature). In addition, there are 30 CAMHAs

who access the medical record. Total number of users is estimated to be 147. They have no EHR in

use at this time. They are using an external pharmacy (Allied), and an external laboratory (Quest).

2.2.3 Overview of Current Systems

A. The existing Hospital Management Information System (HMIS) was purchased and

implemented in 1987. HMIS originally included only census and billing functions. All MDH

facilities use HMIS for census functions, as well as entering diagnoses and patient incidents

(e.g., restraints, seclusion). In 1999 a pharmacy module was added. An admit-discharge-

transfer (ADT) interface passes patient information from the census module to the pharmacy

module.

B. The current system is an electronic health record system used at the two chronic care

facilities (Deer’s Head and Western Maryland), in addition to HMIS. It supports census,

charting, pharmacy, and Minimum Data Set (MDS) collection and submission for long term

care. The system allows clinicians to chart by selecting icons from touch screens. The

system also supports an Electronic Medication Administration Record (eMAR) function.

C. The e-Chart and e-Staff systems are used at the Eastern Shore Hospital Center for census (in

addition to HMIS), medication ordering, clinical documentation, patient incident reporting,

employee profiles, credentialing, and infection control.

D. DIAPro is used at Deer’s Head for clinical documentation for dialysis patients.

E. SchuyLab is a laboratory system used at Deer’s Head for accessioning and processing

specimens and reporting results via instrument interfaces.

2.2.4 Challenges of the Current Systems

A. Application Gaps

1. Nearly all functionality required for Promoting Interoperability (Meaningful Use) attestation is

unavailable to MDH facilities with paper patient records.

2. None of the electronic health record systems in use are certified for Promoting Interoperability

Promoting Interoperability (Meaningful Use).

3. Failure to attest to Promoting Interoperability (Meaningful Use) has resulted in reduced

reimbursement from CMS.

4. Facilities using the current EHR, and E-Chart/E-Staff systems are the only facilities that have

made progress toward the HIMSS electronic health record model.

5. Heavy reliance on paper and manual processes in workflows create an environment with many

opportunities for delay and error.

B. Access to Information

1. Paper records cannot be accessed remotely. On-call physicians must travel to the facility when

called.

2. Medical record audits must be performed manually with paper records.

3. Quality reporting must be performed by manually pulling records and counting.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 8 of 146

4. There are a limited number of workstations available to physicians, nurses, and other clinicians,

and MDH will need to assess the expansion of the local network to accommodate additional

workstations, as well as the type of workstation (desktop, laptop, and tablet).

C. Integration

1. The industry standard is “enter once, use many”.

2. Patient information collected at facilities with paper records is re-written on multiple forms.

3. Facilities with Access database applications also require the re-entry of patient information due

to a lack of integration among the applications.

4. HMIS is partitioned by facility, so patient information cannot be transferred to another facility

when the patient is transferred, requiring large-volume fax transmissions and re-entry of data

into HMIS.

5. Some facilities have no fully electronic order entry/results cycle with external pharmacies and

labs, requiring physicians hand write orders, nurses transcribe orders onto forms which are then

faxed, followed by phone calls from the pharmacies/labs with questions, and then handwritten

medication administration records are used – all disconnected processes that requires staff to

monitor attentively.

6. There is no integration with the Maryland health information exchange, CRISP, so patient

history, medication, allergies, problems cannot be obtained electronically.

7. There is no integration with county health department systems.

8. There is no integration with the Department of Public Safety and Correctional Services

(DPSCD) nor with other county jail systems.

2.2.5 Key Functionality of the Current Systems

The existing systems, where deployed, support the following high-level processes and reporting:

1. Census, including Admissions/Discharges/Transfers (ADT)

2. Order entry (and computerized physician order entry at some facilities)

3. Pharmacy

4. Clinician Documentation (including physicians, nurses, therapists, psychologists, and other

professionals)

5. Laboratory

6. Dialysis

7. Long Term Care (LTC)

8. Billing

9. Credentialing

2.2.6 Maryland Healthcare System – Current Functionalities

MDH seeks to increase the scope and quality of the reports and analytics that are listed below and

referenced in Appendix 4 - Functional and Business Requirements to be generated by the new

EHR system.

1. Admissions: Admissions for the five (5) psychiatric hospitals and the two (2)

developmental disability centers, Holly and Potomac, are managed by the Centralized

Admissions Office (CAO), a division within the Office of Court Ordered Evaluations and

Placements (OCEP). The CAO processes approximately 3,500 court orders a year, orders

that commit defendants to MDH for evaluation or treatment of a mental health or

substance use disorder. The CAO uses Salesforce to manage processes and store

documents. When a court order is received, the CAO sends a forensic evaluator to the

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 9 of 146

detention center to perform an evaluation. Once the evaluation is completed, the

evaluation is uploaded into the Salesforce application for processing. The CAO staff then

begins the process of gathering medical records, court documents and demographic

information needed for admission, and the patient is placed on the waitlist. The CAO

works with the MDH facilities to locate the appropriate setting for placement based on

capacity, condition and level of care needed for the patient. Once a location and bed are

determined, transportation is scheduled to transport the patient to the facility. OCEP is

also notified when patients are preparing for discharge. The Community Forensic

Aftercare Program (CFAP) division is notified and is engaged in discharge planning and

aftercare planning for the patient. Once patients are conditionally released, CFAP

monitors the patient in the community by receiving monthly reports from providers to

ensure adherence to the patient’s aftercare plan.

2. Billing and Revenue Cycle: Census data is stored in the Hospital Information

Management System (HMIS) with the patient’s demographic and medical profile

information. The census data is collected and used by the Division of Cost Accounting

and Reimbursements (DCAR), program administrations, and hospital

administrators. This information is used to invoice third party and private payers for

services provided in the facilities and for a variety of administrative and management

activities ranging from daily patient accounting to Joint Commission (JC) accreditation.

The DCAR Financial Agent Offices (located at each State facility) forward billing

information on a form (BIF – Billing Information Form) to DCAR Central Office for

processing. The Central Office staff sets up the appropriate billing in the Client

Billing Profile and uses this information to add retroactive charges, adjustments and

payments that need to be made to the automated accounts receivable.

A. DCAR prepares billings for Medicare Part A, Medicare Part B (Ancillary &

Physician), Medicaid, Insurance Companies, Sponsors, Hospital Bank and Social

Security MDH Payee.

Medicare Part A includes billings listing in the table below for:

Table 2-1 Medicare Part A Payment System Types

Payment System Type

Facility

Long Term Care Hospital

Prospective Payment System

(LTCH PPS)

Chronic Facilities

Inpatient Psychiatric Facility

Prospective Payment System (IPF

PPS)

Mental Health Facilities

Skilled Nursing Facility Prospective

Payment System (SNF PPS)

Nursing Homes

These billings are prepared using manual hard copy data received from the State

facilities. The claims are sent to Novitas via MyAbility, Inc Direct Data Entry for

processing. The charges are entered manually into the Accounts Receivable (A/R) as

are all payments received.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 10 of 146

B. Medicare Part B includes billings for Ancillary and Physician services. The

Ancillary services billing is prepared using lab slips and logs sent from the

facilities. This data is keyed into a menu option in the current system, and it is

processed during the monthly ancillary billing. The National Standard Format

file created in this process is then processed through an 837 Translator developed

in-house. The 837 file is then sent to Highmark Medicare Services for payment.

The payments are entered manually into the A/R. The Physician services billing

is prepared using Physician service logs sent from the facilities. This data is then

keyed into a menu option in the current system, and it is processed during the

monthly physician billing. The National Standard Format file created in this

process is then processed through an 837 Translator program written in-house.

The 837 file is then sent directly to Novitas for payment. An 835-remittance file

is received from Novitas, and the payments are electronically applied to the A/R.

C. Medicaid includes billings for the Chronic, Behavioral Health, Developmental

Disabilities and Nursing Homes. These billings are prepared using data from the

Client Billing Profile and the Patient Moves data. The Chronic and Mental

Health are billed using a per diem rate, and the Nursing Homes are billed based

on Revenue Codes and Patient Moves. The National Standard Format files

created by the system are then processed through the 837 Translator

program. The 837 file is sent to Maryland Medicaid for processing. An 835-

remittance file is received from Maryland Medicaid and then applied

electronically to the A/R. Only Nursing Homes are billed based on Revenue

Codes.

D. Insurance claims are prepared on Uniform Billing-04s (UB-04) generated

manually and by the system during the monthly billing process. The data used to

prepare the bill is generated from the system’s Client Billing Profile and Census

data. The UB-04s are submitted to insurance companies via MyAbility for

payment. The payments received are applied manually to the A/R.

E. Sponsor Bills are created from data in the Client Billing Profile and the Census

Module. The bills are generated by the system during the monthly billing

process, printed on data mailers, separated manually and then mailed. The

payments received are then entered manually into the A/R.

F. Hospital Bank Billing is done based on data compiled on the Hospital Bank Rep

printout. The data represents information contained in the Client Billing Profile

and Patient Moves. The printout is sent to each facility’s Business Office for

payment. The payments are entered manually into the A/R.

G. Social Security and Maryland Department of Health (MDH) Payee Billing is

generated based on data from the Client Billing Profile and patient moves. The

charges are based on rates established by the Financial Agents in the State

facilities. The payments consist of the Social Security check for the MDH Payee

patients. The Social Security checks are direct deposit, and the check files are

sent to DCAR by Banking Services in Annapolis for processing. The Social

Security Unit then uses a system-generated Patient Allowance report to give

each patient receiving a check a patient allowance. A transmittal is sent to MDH

General Accounting for allocation of funds to the facilities. Supplemental

Security Income (SSI) is not processed through HMIS.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 11 of 146

H. Retroactive Billings are prepared using Sponsor / Resource system billing

options and the Client Billing Profile. Retroactive billing is very common in the

State Hospital billing environment. Financial investigations can take up to six

months to complete and the patients stay for extended periods in the facilities,

thus causing accounts to be adjusted for retroactive periods.

I. The Accounts Receivable (A/R) consists of invoiced entries and their associated

company/plans. The entries are produced by monthly and on demand billings,

charge entries, payment/adjustment entries, retroactive billing entries and re-bill

entries.

2.2.7 Pharmacy Current Systems

The BHA operates five (5) state psychiatric facilities with in-house pharmacies located throughout

the State of Maryland. The new system will replace the legacy pharmacy management system used in

these facilities. The new system will support all the functions of the in-house pharmacies.

The CIRP receives medications from one of the State psychiatric facility pharmacies, rather than a

commercial pharmacy. The new EHR will track these transactions.

2.2.8 MDH operates five internal pharmacy departments supported. MDH also operates six other

inpatient facilities that use the HMIS ADT module for patient census information however; they

purchase their prescriptions from outside pharmacies.

Although they are not using the existing pharmacy management system, there will need to be an

interface with new EHR and current contracted pharmacies.

Facilities that use external pharmacies are listed below:

1. RICA - Rockville

2. RICA - Baltimore

3. Deer's Head Hospital Center - Salisbury

4. Holly Center - Salisbury

5. Potomac Center - Salisbury

6. Western Maryland Hospital Center - Hagerstown

2.2.9 ORYX Reporting of Current Systems

The current HMIS system is fully compliant with all Joint Commission Performance Management

(ORYX) reporting requirements coordinated through the National Research Institute’s (NRI)

Behavioral Healthcare Performance Management System. These reporting requirements include, but

are not limited to, patient episodes for all admissions and discharges and patient events such as

injuries, patient seclusions and restraints, medication errors, patient leaves such as absent-without-

leave (AWOL) or home visits and readmissions within 30 days of discharge. Additionally, the

current system transmits electronic files on monthly patient episode and event data for each facility to

NRI for editing purposes. All identified errors are returned to the facility for correction and

retransmission to NRI. All monthly files must pass all fatal errors, as defined by NRI, before the next

month is sent to NRI for editing purposes. The ORYX reporting requirements change on at least an

annual basis and MDH’s Department of Information Technology makes changes to the HMIS source

code to accommodate these changes.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 12 of 146

2.2.10 User Groups of the Current Systems

The current system is used at each MDH facility by staff from admissions, medical records,

physicians, nurses, therapists, consulting physicians, pharmacists and pharmacy technicians, lab

technicians, administrators, social workers, utilization review, performance improvement, infection

control, and others.

Information is currently collected and used by DCAR for billing, as well as NRI for ORYX

reporting.

The Maryland State Police (MSP) also queries a database extracted from HMIS (and augmented with

data from all other State hospitals) to determine if a gun purchaser has been a psychiatric patient.

2.2.11 State Roles

In addition to the Procurement Officer and Contract Monitor, MDH has the following

implementation personnel and will establish the following governance bodies:

Table 2-2 MDH State Roles

STATE ROLE

RESPONSIBILITY

A. MDH Facilities Director

This role is the empowered leader,

manager, and coordinator for all the

MDH hospitals and healthcare

facilities. This person will be final

arbiter on decisions as to MDH

facility requirements (functionality,

workflow, reports, etc.) and EHR

system configuration; and will be

responsible for planning and

executing Organizational Change

Management (OCM)

B. MDH EHR Delivery Manager

(Program/Project Manager for

MDH)

The MDH EHR Delivery Manager will

be paired and partnered with the

Contractor’s Program / Project

Manager. This person will be

responsible for the classic tasks of

adhering to schedule, controlling scope,

sticking to budget, fulfilling the Contract,

addressing risks, and escalating issues.

C. MDH EHR Senior Business

Analyst

Works with senior MDH leadership,

the facilities, MDH OIT, and the

Contractor’s team to understand,

prioritize, and manage

requirements; to design and decide

the EHR workflow, configuration,

and reports; to contribute to the

planning and execution of OCM,

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 13 of 146

including system training and

support.

D. MDH EHR Configuration and

Integration Analyst(s)

Responsible for administering,

configuring (including reports), and

maintaining the new EHR system. The

role will work closely with the

Contractor’s implementation team

Contractor’s technical support.

E. MDH OIT Director of

Infrastructure

Role will be on a part-time

dedication to the EHR

implementation, is responsible for

understanding, planning, and

fulfilling the requirements for

hosting, operating, and securing the

new EHR system

F. MDH OET HMIS Team

The team will be dedicated to

supporting the EHR implementation

from both functional and technical

perspectives, including

collaboration with the Contractor in

activities required for data cleansing

and conversion; for hospital-by-

hospital rollouts

G. Facility Leadership and Staff

MDH will obtain participation and

provide access to leadership and staff

within facilities as reasonably

requested by the Contractor. Requests

from the Contractor shall be submitted

to the MDH EHR Delivery Manager

for decision.

H. Program Management Office

(PMO)

MDH will establish a PMO to be led

by the MDH EHR Delivery Manager

in collaboration with the Contractor’s

Program / Project Manager

I. Change Control Board (CCB)

MDH will establish a CCM within the

PMO in order to manage EHR scope

consistent with the EHR

Contract. The CCB will include

representatives from the

Contractor. The CCB will escalate

decisions that it cannot resolve itself

to the HER Executive Steering

Committee and the Office of the

Attorney General (OAG), as

appropriate

J. Facilities Advisory Board

(FAB)

MDH will establish a FAB within the

PMO to facilitate activity,

communications, organizational

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 14 of 146

change, and issue resolution with

leadership of the facilities. The FAB

will include the CEOS and COOs of

the facilities along with others as

deemed appropriate

K. EHR Executive Steering

Committee (ESC or Steering

Committee)

MDH will establish a Steering

Committee for executive sponsorship,

including empowerment of the

delivery team, mitigation of risks, and

resolution of issues, including issues

relating to the provisions and

enforcement of the Contract

2.3 Contractor Responsibilities and Tasks

2.3.1 Overview

System implementation will span approximately two years, starting in 2022 and conclude in 2024.

A. The Contractor shall provide implementation that will encompass activities such as deciding

how to automate and standardize workflow; configuring the new EHR system; cleaning and

converting data; engaging and training the end-user community; deploying to facilities in a

multi-stage rollout; and launching the steady-state support services.

B. The Contractor shall deploy in a facility-by-facility manner, rather than in an application-by-

application or module-by-module basis. The approach shall entail fully implementing three

to four facilities for each of the deployments or “go-lives.” To minimize time-to-value and

also to manage risk, facilities that have no EHR in place today will presumably be scheduled

for deployment before those that are currently running other systems. See Table 2-3 for

facility system implementation order.

C. The Contractor shall clean and convert existing patient data. This process will need to

identify and combine duplicate patient records across multiple facilities. The process will

include creating digital images of records that are not in a structured digital format (e.g.,

paper records) and attaching them to the patient’s record.

2.3.2 Controlling Federal and State References

The Contractor shall review, familiarize, and adhere with any pertinent requirements from the following

Federal and State laws, regulations, and waivers:

A. 42 U.S.C., 45 Electronic Code of Federal Regulations (e-CFR), §§ 160.101 through 160.105 –

General Administrative Requirements https://www.ecfr.gov/cgi-bin/text-

idx?node=pt45.2.160&rgn=div5

B. 42 U.S.C., 45 e-CFR, §§ 164.102 through 164.534 – Security and Privacy

C. 42 U.S.C, § 1305 – Social Security Act

D. 42 U.S.C., § 1320d-2 – Standards for Information Transactions and Data Elements

E. 42 U.S.C., § 18001 – Immediate Access to Insurance for Uninsured Individuals with a Preexisting

Condition

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 15 of 146

F. 42 U.S.C. § 12101-12213 – Americans with Disabilities Act of 1990, Public (P) Law (L) Number

(No) 101-336

G. CMS, The State Medicaid Manual, Publication# 45 https://www.cms.gov/Regulations-and-

Guidance/Guidance/Manuals/Paper-Based-Manuals-Items/CMS021927

H. Federal Information Processing Standard (FIPS) Publication (PUB) 140-2 – Security Requirements

for Cryptographic Modules (Mentioned in 3.7.5 (B)6 under Security Requirements)

https://csrc.nist.gov/publications/detail/fips/140/2/final

I. FIPS PUB 199 – Standards for Security Categorization of Federal Information and Information

Systems https://csrc.nist.gov/publications/detail/fips/199/final

J. FIPS PUB 200 – Minimum Security Requirements for Federal Information and Information

Systems https://csrc.nist.gov/publications/detail/fips/200/final

K. Health Insurance Portability and Accountability Act of 1996 (HIPAA), P.L. No. 104-191

L. National Institute of Standards & Technology (NIST) Special Publication (SP) 800-53 Rev.5 –

Security and Privacy Controls for Information Systems and Organizations

https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final

M. NIST SP 800-63 [series] – Digital Identity Guidelines https://www.nist.gov/itl/applied-

cybersecurity/tig/projects/special-publication-800-63

2.3.3 Facility Systems Order of Implementation

Contractor shall integrate into their implementation plan in Table 2-3 The eleven (11) MDH facilities

identified in 2.2.2 for implementation of the EHR system shall acquire this service in the order listed

below. This is the current preferred order of implementation; however, MDH may modify the order, if

necessary.

Table 2-3: Facility System Order of Implementation

ORDER WITH THE

NUMBER 1 BEING THE

FIRST

FACILITY

Clifton T. Perkins Center Jessup

RICA – Baltimore

Spring Grove Hospital Center – Catonsville

Eastern Shore Hospital Center – Cambridge

Springfield Hospital Center – Sykesville

Holly Center – Salisbury

JLG RICA – Rockville

Potomac Center – Hagerstown

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 16 of 146

Thomas B. Finan Center – Cumberland

Western Maryland Hospital – Hagerstown

Deer’s Head Hospital Center – Salisbury

2.4 Contractor-Supplied Hardware, Software, and Materials

A. By responding to this RFP and accepting a Contract award, the Offeror specifically agrees

that for any software, hardware or hosting service that it proposes, the State will have the

right to purchase such item(s) from another source, instead of from the selected Offeror.

B. SaaS applications shall be accessible from various client devices through a thin client

interface such as a Web browser (e.g., Web-based email) or a program interface.

C. The State shall be permitted limited user-specific application configuration settings.

D. The Contractor is responsible for the acquisition and operation of all hardware, software and

network support related to the services being provided and shall keep all software current.

E. All Upgrades and regulatory updates shall be provided at no additional cost.

F. The Contractor shall prepare software releases and stage at the Department for validation in

the system test environment. The Department will provide authorization to proceed. The

Department will have the ability to manage the distribution of these releases to the

appropriate sites. To support this requirement, the Contractor shall propose, provide, and

fully describe their solution for updating all sites with any new software releases.

G. The State also requires that the Offeror provide fully functional, generally available software

and multiple-user licenses for purchase as needed throughout the life of the Contract.

H. The Offeror shall install and provide all documentation for the software furnished under the

Contract.

2.5 Functional/Business Requirements

Functional/Business Requirements for the proposed EHR SaaS are listed in RFP Appendix 4 – MDH

EHR RFP #OCMP-22-18251 Appendix 4 – Functional and Business Requirements.

2.6 Training

A. Develop a training plan and approach, produce training courses and training materials, and

conduct train-the-trainer, end-user, and technical training. Training materials shall reference

appropriate system documentation and operating procedures. The Contractor shall coordinate

with MDH’s Contract Monitor to arrange all training timelines. See Appendix 4 – Functional

and Business Requirements Tab titled “Training Requirements”.

B. Develop a comprehensive training plan and schedule that outlines the training approach for the

technical staff training. The training plan shall consider and include the following minimum

content:

1. Overall training strategy and approach addressing MDH designated trainers, super

user, end-user, and periodic operational training requirements for administrative,

clinical, financial, and technical functional roles.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 17 of 146

2. Information regarding training techniques to be used including lectures, videos,

handouts, work samples, practice scenarios, reference sheets, student manuals and

web-based learning management systems.

3. Classroom requirements, desktop and software requirements, system access

requirements, required user-training security profiles, class locations, schedules,

and other logistics.

C. User Training

1. Work with the State to assess end-user training needs. The Contractor shall conduct

and train MDH facility users directly as well as train MDH designated staff in a

train-the-trainer model. Contractor is required to train a minimum of 50 end users

and a maximum of up to 125 users at each facility. MDH will work with Contractor

to determine the adequate number of users to be trained at each facility within

minimum and maximum parameters. A user shall be permitted to attend multiple

training sessions as required by MDH to ensure they are trained on the appropriate

functional areas of the user’s role. Total estimated maximum number of users to be

trained by vendor is 1,375. This number excludes technical and operations staff.

Any end users that need to be trained above the 125 number will be trained by a

designated MDH trainer who participated in prior “train-the-trainer” training with

the contractor. Contractor led training shall contain no more than 25 users per

session to ensure efficiency and efficacy in each session. Contractor shall permit

MDH to record any training sessions to be used by staff as needed in the future.

D. Technical and Operations Training

1. Provide a combination of hands-on, in-person classroom training as well as virtual

training options for technical and system operations staff. The Contractor shall

ensure that sufficient training sessions are scheduled to train all staff identified in

the use of the system in a hosted environment. Contractor shall permit MDH to

record any training sessions to be used by staff as needed at a later date.

2. Technical transfer of knowledge: Include system support and operational aspects

such as, configuration of tools used in the project, system table maintenance,

security administration, interface operation for the extract files, and other system

specific operations including the use of all system/data-related tools required to

use the system.

3. The estimated number of technical and operational users to be trained is 50. This

number includes users in revenue cycle management, admissions, administrative

and technical operations.

2.7 Required Project Policies, Guidelines and Methodologies

The Contractor shall be required to comply with all applicable laws, regulations, policies, standards, and

guidelines affecting Information Technology projects, which may be created or changed periodically.

Offeror is required to review all applicable links provided below and state compliance in its response.

It is the responsibility of the Contractor to ensure adherence and to remain abreast of new or revised

laws, regulations, policies, standards, and guidelines affecting project execution. These include, but are

not limited to:

A. The State of Maryland System Development Life Cycle (SDLC) methodology

at: http://doit.maryland.gov/SDLC/Pages/agile-sdlc.aspx ;

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 18 of 146

B. The State of Maryland Information Technology Security Policy and Standards

at: http://www.DoIT.maryland.gov- keyword: Security Policy;

C. The State of Maryland Information Technology Non-Visual Standards at:

http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx;

D. The State of Maryland Information Technology Project Oversight at:

http://doit.maryland.gov/epmo/Pages/ProjectOversight.aspx;

E. The Contractor shall follow project management methodologies consistent with

the most recent edition of the Project Management Institute’s Project

Management Body of Knowledge Guide; and

2.7.1 Product Requirements

A. No international processing for State Data: As described in Section 3.7

Security Requirements, Offerors are advised that any processing or storage of

data outside of the continental U.S. is prohibited.

B. Any Contract award is contingent on the State’s agreement, during the Proposal

evaluation process, to any applicable terms of use and any other agreement

submitted under Section 5.3.2. Such agreed upon terms of use shall apply

consistently across services ordered under the Contract.

C. The Contractor shall not establish any auto-renewal of services beyond the

period identified in Contract documents.

D. In addition to any notices of renewal sent to the Department, Contractors shall

email notices of renewal to the e-mail address designated by the Contract

Monitor.

2.7.2 Technical Support

Maintenance and support, and Contractor’s ongoing maintenance and support obligations, are defined as

follows:

A. Maintenance commences at receipt of the Notice to Proceed (NTP). Billing

shall be in accordance with Section 3.3 of the RFP.

B. Software maintenance includes all future software updates and system

enhancements applicable to system modules licensed without further charge to

all licensed users maintaining a renewable software support contract.

C. “Technical Support” means Contractor-provided assistance for the services or

Solution furnished under the Contract, after initial end-user support confirms a

technical issue that requires additional troubleshooting capabilities; sometimes

referenced as Tier II – IV support.

D. The State shall be able to contact a Technical Support team member 24x7x365.

E. Contractor Personnel providing technical support shall be familiar with the

State’s account (i.e., calls shall not be sent to a general queue).

F. Contractor shall return calls for service of emergency system issues within one

(1) hour.

G. Calls for non-emergency IT service requests will be returned within three (3)

hours or immediately the following day if after Normal State Business Hours.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 19 of 146

H. The State shall be provided with information on software problems

encountered at other locations, along with the solution to those problems, when

relevant to State software.

I. Support shall be provided for superseded releases and back releases still in use

by the State.

J. For the first year and all subsequent Contract years, the following services shall

be provided for the current version and one previous version of any Software

provided with the Deliverables, commencing upon of Notice to Proceed (NTP).

1. Error Correction. Upon notice by State of a problem with the Software

(which problem can be verified), reasonable efforts to correct or provide a

working solution for the problem.

2. Material Defects. Contractor shall notify the State of any material errors

or defects in the Deliverables known or made known to Contractor from

any source during the life of the Contract that could cause the production

of inaccurate or otherwise materially incorrect results. The Contractor

shall initiate actions as may be commercially necessary or proper to effect

corrections of any such errors or defects.

3. Updates. Contractor will provide to the State at no additional charge all

new releases and bug fixes (collectively referred to as “Updates”) for any

software Deliverable developed or published by the Contractor and made

available to its other customers.

K. Operations tasks to include virus scans

L. Activity reporting upon request by the Contract Monitor.

2.7.2.1 Backup

The Contractor shall:

A. Meet the Recovery Time Objective (RTO) and Recovery Point Objective

(RPO) metrics defined in Section 2.9 Service Level Agreement.

B. Perform backups for all application and configuration data that is necessary to

restore the application to full operability on suitable hardware. The backup

shall consist of at least:

1. Incremental daily backups, retained for one (1) month,

2. Full weekly backups, retained for three (3) months, and

3. Last weekly backup for each month maintained for two (2) years

C. Maintain one annual backup for at least 10 years

D. Send the weekly backup electronically to a facility designated by the State

E. Encrypt the backups using a shared key

F. Perform a backup recovery at least semi-annually; and

G. Provide on demand support for the State’s recovery of a backup set.

2.8 Deliverables

2.8.1 Deliverable Submission

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 20 of 146

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.

B. For every deliverable, the Contractor shall submit to the Contract Monitor, by e-mail, an

Agency Deliverable Product Acceptance Form (DPAF), an example of which is provided on

the DoIT web page here:

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcce

ptanceForm-DPAFsample.pdf.

C. Unless specified otherwise, written deliverables shall be compatible with Microsoft Office,

Microsoft Project, or Microsoft Visio within two (2) versions of the current version. At the

Contract Monitor’s discretion, the Contract Monitor may request one hard copy of a written

deliverable.

D. A standard deliverable review cycle will be elaborated and agreed-upon between the State

and the Contractor. This review process is entered into when the Contractor completes a

deliverable.

E. For any written deliverable, the Contract Monitor may request a draft version of the

deliverable, to comply with the minimum deliverable quality criteria listed in Section 2.8.3

Minimum Deliverable Quality. Drafts of each final deliverable, except status reports, are

required at least two weeks in advance of when the final deliverables are due (with the

exception of deliverables due at the beginning of the project where this lead time is not

possible, or where draft delivery date is explicitly specified). Draft versions of a deliverable

shall comply with the minimum deliverable quality criteria listed in Section 2.8.3 Minimum

Deliverable Quality.

2.8.2 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

2.8.4 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. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the

deliverable in the DPAF (see online sample). Following the return of the DPAF indicating

“Accepted” and signed by the Contract Monitor, the Contractor shall submit a proper

invoice in accordance with the procedures in Section 3.3. The invoice must be accompanied

by a copy of the executed DPAF, or payment may be withheld.

D. 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.

2.8.3 Minimum Deliverable Quality

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 21 of 146

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.

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.

2.8.4 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*

*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.

ID #

Deliverable

Description

Acceptance Criteria

Due Date /

Frequency

2.8.4.1

Kick-off

Meeting

Kick-Off Meeting

No later than

fifteen (15)

Business Days

after NTP.

2.8.4.2

Project

Management

Plan (Release /

Sprint plan)

Project Management Plan (PMP)

The project management plan shall include

Integrated Project Schedule in MS Project

format.

The Integrated Project Schedule shall include the

following:

Final: No later

than twenty (20)

Business Days

after the Kick-

Off Meeting

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 22 of 146

1. Tasks, start and end dates

2. Task duration

3. Resource assignments

4. Percentage complete per task

5. Due dates for each project deliverable tasks

defined no greater than 80 hours for a task;

and

6. Expectations and tasking for State or other

personnel.

Project management services to manage the

Contractor’s delivery approach and resources using

industry standard and best-practice project

management methods

Integrated

Project

Schedule to the

satisfaction of

the MDH Project

Manager.

2.8.4.3

Requirements

Traceability

Matrix (RTM)

Document that links requirements to their origins

and traces them throughout the project life cycle.

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.4

Problem

Escalation

Procedure

The PEP must state how the Contractor will

address problem situations as they occur during the

performance of the Contract. Reference 3.8.1

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.5

System Design

Document

Document that includes pertinent sections from the

template available at:

https://doit.maryland.gov/SDLC/Pages/templates-

phases.aspx

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.6

Implementation

Plan

Document that includes pertinent sections from the

template available at:

https://doit.maryland.gov/SDLC/Pages/templates-

phases.aspx

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 23 of 146

initial RFP fixed

scope of work

progresses.

2.8.4.7

Data Migration

Plan

In MS Word format, the Data Migration Plan shall

be delivered to the Contract Monitor and shall

include methodology, scope, and approach for

migrating data in support of the RFP initial scope

of work

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.8

Test Plan

In MS Word format, the Test Plan shall be

delivered to the Contract Monitor and shall include

test cases and expected results for each EHR

requirement for each of the following:

1. System Tests

2. Integration Tests

3. Security Tests

4. Performance Tests

5. User Acceptance Tests

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.9

Test Results

Report

In MS Word format, the Test Results Report shall

be delivered to the Contract Monitor and shall

include the Contractor’s actual test results for each

EHR requirement for each of the following:

1. System Tests

2. Integration Tests

3. Security Tests

4. Performance Tests

5. User Acceptance Tests

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.10

Production-

ready EHR

System

EHR System that meets all requirements stated

herein and has been successfully installed and

tested within each of the 11 facilities.

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

scope of work

progresses.

2.8.4.11

System

Administration

Manual

In MS Word format with system screenshots, the

System Administration Manual shall be delivered

to the Contract Monitor and shall include

instructions on how to conduct all system

Administration functions.

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP fixed

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 24 of 146

scope of work

progresses.

2.8.4.12

Training Plan

In MS Word format with system screenshots the

detailed Training Plan shall be delivered to the

Contract Monitor and shall include:

1. Training Schedule

2. Training Location(s)

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

RFP scope of

work progresses.

2.8.4.13

Administrator

Training

Train Agency System Administrators (see 2.6.C.4

technical and operations) that explain how the

System has been configured and how best to

manage it.

As outlined in

the Contractor’s

Project

Management

Plan and

updated as the

initial RFP scope

of work

progresses.

2.8.4.14

End User

Training

Provide training to end users and train Agency

trainers (see 2.6.C.3 user training) who will then be

able to train other agency staff not included in

Contractor lead training sessions.

As outlined in

the Contractor’s

Project

Management

Plan, and

updated RFP

scope of work

progresses.

2.8.4.15

System

documentation

to include

maintenance

procedures,

technical

manuals, user

manuals, data

dictionary,

video content

and other

documents

available as part

of the proposed

system.

As outlined in the Contractor’s Project

Management Plan and updated as the RFP scope

of work progresses.

System

documentation to

include

maintenance

procedures,

technical

manuals, user

manuals, data

dictionary, video

content and other

documents

available as part

of the proposed

system. Due date

as outlined in the

Contractor’s

Project

Management

Plan and

updated as the

initial RFP scope

of work

progresses.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 25 of 146

2.8.4.16

Risk Mitigation

Management

Plan

The Requirements Management Plan shall describe

how the Contractor will enhance its understanding

of the RFP requirements through the facilitation of

Requirements Validation modules

Within 30

Business days of

Notice to

Proceed (NTP).

2.8.4.17

Change

Management

Plan

Contract shall provide a Change Management Plan

to address approval and system change processes.

Within 20

Business days of

Notice to

Proceed (NTP).

2.8.4.18

Weekly Status

Reports

Contractors shall provide weekly status reports and

provide a summary of the status of project

objectives, deliverables, tasks, results, challenges,

and action items.

Reports shall be

provided to the

Project Manager

every Tuesday or

any other date

destinated by the

Project Manager.

2.9 Service Level Agreement (SLA)

A. The State is sensitive to system performance, and its impact on user efficiency and perception.

As a result, system performance measures shall be implemented as proposed and agreed to in

the Contract and measured on a periodic basis as a means to maintain a high level of system

performance and user satisfaction.

B. The Contractor is to implement measurements of their solution’s performance as proposed and

explained in the Technical Proposal.

C. The Contractor shall implement an SLA for system performance as proposed that is considered

acceptable performance from an end-user’s point of view (e.g., response time of common

transactions, system availability).

D. The Contractor shall include both the measures and the frequency of measurement in its SLA,

as well as the raw data used to support each SLA so that MDH and the Contractor jointly agree

on the methodology to measure the data prior to implementation. The new EHR shall be

available to users at all times, with the exception of planned outages.

2.9.1 Definitions

A. A “Problem” is defined as any situation or issue reported via a help desk ticket that is related to

the system operation that is not an enhancement request.

B. “Problem resolution time” is defined as the period of time from when the help desk ticket is

opened to when it is resolved.

C. Monthly Charges: for purposes of SLA credit calculation, Monthly Charges are defined as the

charges set forth in Attachment B, Financial Proposal Form, invoiced during the month of

the breach for the monthly fixed services, or, in the event of annual billing, 1/12 of the annual

invoice amount Financial Proposal Form.

2.9.2 SLA Requirements

The Contractor shall:

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 26 of 146

A. Be responsible for complying with all performance measurements and shall also ensure

compliance by all subcontractors.

B. Meet the Problem response time and resolution requirements as defined in Section 2.9.6.

C. Provide a monthly report to monitor and detail response times and resolution times.

D. Log Problems into the Contractor-supplied help desk software and assign an initial severity

(Emergency, High, Medium, or Low as defined in Section 2.9.6).

E. Respond to and update all Problems, including recording when a Problem is resolved and its

resolution. Appropriate Department personnel shall be notified when a Problem is resolved.

F. The Department shall make the final determination regarding Problem severity.

G. Contractor shall review any Problem with Department to establish the remediation plan and

relevant target dates.

2.9.3 SLA Effective Date (SLA Activation Date)

A. SLAs set forth herein shall be in effect beginning with the commencement of monthly services

as of the receipt of the NTP.

B. Beginning on the SLA Activation Date, for any performance measurement not met during the

monthly reporting period, the SLA credit for that individual measurement shall be applied to

the Monthly Charges.

2.9.4 Service Level Reporting

A. Contractor performance will be monitored by Department.

B. The Contractor shall provide detailed monthly reports evidencing the attained level for each

SLA.

C. The Contractor shall provide a monthly summary report for SLA performance.

D. Monthly reports shall be delivered via e-mail to the Contract Monitor by the 15th of the

following month.

E. If any of the performance measurements are not met during the monthly reporting period, the

Contractor will be notified of the standard that is not in compliance.

2.9.5 SLA Service Credits

Time is an essential element of the Contract. For work that is not completed within the time(s) specified

in the service level metrics below OR in the Contract, the Contractor shall be liable for service credits in

the amount(s) provided for in the Contract.

Service credits will be cumulative for each missed service requirement. The State, at its option for amount

due the State as service credits, may deduct such from any money payable to the Contractor or may bill

the Contractor as a separate item. In the event of a catastrophic failure affecting all services OR the entire

Solution, all affected SLAs shall be credited to the State.

In no event shall the aggregate of all SLA credits paid to the State in any calendar month exceed 25% of

the Monthly Charges.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 27 of 146

Example: If the Monthly Charges were $100,000 and one SLA were missed, with an applicable 4%

credit, the credit to the monthly invoice would be $4,000, and the State would pay a net Monthly Charge

of $96,000.

The parties agree that any assessment of service credits shall be construed and treated by the parties not as

imposing a penalty upon the Contractor, but as compensation to the State for the Contractor’s failure to

satisfy its service level obligations.

2.9.6 Root Cause Analysis

If the same SLA measurement yields an SLA credit more than once, the Contractor shall conduct a root

cause analysis. Such root cause analysis shall be provided within ten (10) Business Days of the second

breach, and every breach thereafter; this timeline may be extended by request and granted by the Contract

Monitor or other MDH designee.

In addition, for each ‘Emergency’ or ‘High’ priority Problem, the affected parties will perform a root

cause analysis and institute a process of problem management to prevent recurrence of the issue.

2.9.7 Service Level Measurements Table (System performance)

The Contractor shall comply with the service level measurements in the following table:

No.

Service

Requirement

Measurement

Service Level

Agreement

SLA

Credit

Problem

Response Time

– High

Average Response Time for High Priority

Problems.

98% <15

minutes

Problem

Response Time

– Normal

Average Response Time for Normal or Low

Priority Problems

98% <2 hours

Problem

Resolution

Time – High

Resolution Time for each High Priority

Problem

98% >3 hours

Problem

Resolution

Time – Normal

Resolution Time for Normal Priority Problems

98% <24

hours

Problem

Resolution

Time – Low

Resolution Time for Low Priority Problems

98% < 72

hours

Scheduled

Downtime/

Maintenance

Scheduled maintenance and downtime shall

only occur during non-business hours The

Contractor shall provide 14 calendar days’

notice prior to any scheduled downtime.

<4 hours each

month

Service

Availability

All application functionality and accessibility

shall be maintained at 99.5% uptime

performance levels. Contractor shall minimize

or eliminate unscheduled network downtime to

.5% or less.

>99.5%

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 28 of 146

No.

Service

Requirement

Measurement

Service Level

Agreement

SLA

Credit

Disaster

Recovery

Contractor shall provide recovery and

continuity of operations within 2 hours of a

System/network failover.

<2 hours

Notification of

Security

Incident

Notification of a Security Incident within 60

minutes of occurrence.

<60 Minutes

Security

Incident

Reporting

Security incident reporting requirement in 2

hours.

<2 hours

Software

Escrow Update

Update escrow within three (3) days of a

change.

Failure to update escrow

<3 days

The State shall have the unilateral right to reallocate percentages among the various SLAs annually on

the anniversary of the Contract, provided that such reallocation will not exceed the cap identified in

Section 2.9.5.

2.9.8 Problem Response Definitions and Times

The Contractor must meet the Problem response time and resolution requirements.

The Contractor must provide a monthly report to monitor and detail response times and resolution times.

Service

Priority

Response

Time

Resolution

Time

Response

Availability

Work Outage

Users Affected

Emergency

Less than

minutes

Within 1 hour

of first report

24 hours per

day, seven

days per

week

Major portions of the

System are inaccessible

Systems or users are

unable to work, or to

perform some portion of

their job.

Users or internal

System

functionalities are

impaired. To include

claimants, patients,

and employees.

High

Less than

minutes

Within 2

hours after

first report

24 hours per

day, seven

days per

week

Major portions of the

System are inaccessible

Systems or users are

unable to work, or to

perform some portion of

their job.

Affects the majority

of users to include

public facing users,

claimants, patients &

employers.

Affects high profile

users (i.e., executive

management, etc.)

Normal

Within 2

hours

Within 1 day

(24 hours)

after first

report. If the

outage is not

resolved a

resolution

plan must be

in place.

Mon-Fri,

7AM-7PM

Specific non-critical

features are not

operating as specified

Systems or users are

unable to perform a

small portion of their

job but are able to

complete most tasks.

Affects the majority

of users to include

public facing users,

claimants, patients &

employers.

Affects high profile

users (i.e., executive

management, etc.)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 29 of 146

2.10 EHR On-Demand Future Activities

A. MDH anticipates that it may require on-demand Future specific activities services needed to

support ongoing and future needs of the EHR is not known at this time. As potential

activities, e.g., decommissioned or adding additional MDH facilities become apparent, the

Contractor shall execute future tasks within the scope of work of this RFP. Offerors shall

include rates for the labor categories found in Section 3.10.5 as part of their Financial

Proposal Attachment B. Any future activities are executed via the Work Order process found

in Section 3.14.

1. The Contractor shall provide for on-demand services Future Activities a rate sheet,

found in Attachment B - Tab Labeled – Labor Categories & Rates. On-demand

services Future activity hourly rates will be utilized by MDH “as needed” “and, as

such, the Contractor should not assume that any hours will be utilized for every year

of the Contract.

2. The Contractor shall submit an estimated number of resources to MDH prior to

executing any new activity Work Order, see Section 3.14.

3. On-demand Future activity labor hours shall be billed to MDH monthly via the EHR

Future Activity invoicing process, see Section 3.3.

B. Contractors shall be required to support initiatives within the scope of work when initiated by

work order from MDH. The scope of MDH on-demand services may include but are not

limited to:

Work Order Requirements

MDH may issue, at its discretion a Work Order to obtain on-demand services, following the

Work Order requirements identified in Section 3.14. The scope of MDH on-demand services

may include but are not limited to:

1. Network infrastructure and systems support that is not covered under the MDH scope

2. Strategic support, IT consulting services, planning, and design services

3. Web, database, and software services (e.g., administration, design, and development,

interface, and software configuration management)

4. End user and desktop support

5. Computer and IT related training

6. Business and financial analysis, quality assurance, program management, and project

management

Service

Priority

Response

Time

Resolution

Time

Response

Availability

Work Outage

Users Affected

Low

Within 2

hours

Within 3 days

(72 hours)

after first

report. If the

outage is not

resolved a

resolution

plan must be

in place.

Mon-Fri,

7AM-7PM

Lower priority features

that can be done

manually are not

operating as specified

Often a request for

service with ample lead

time.

Affects the majority

of users to include

public facing users,

claimants, patients &

employers.

Affects high profile

users (i.e., executive

management, etc.)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 30 of 146

7. Maintenance and Support Services

8. Documentation and technical writing services

9. Specialized skill sets as required or

10. Additional labor resources are needed to meet project objectives.

11. Specialized skill sets are required or

12. Additional labor resources are needed to meet project objectives and SLAs.

2.10.1 Future EHR Labor Categories & Rates

A. Future EHR Labor Categories are identified and described in Appendix 5. Resumes for

resources shall be provided in response to Work Orders issued under the Contract as governed

by the Work Order process as stated in Section 3.10. To be responsive to this RFP, Offerors

must explain in the Staffing Plan how they can provide the labor categories listed below. Please

see and reference Section 2.10 EHR Future Activities.

B. Unless stated otherwise in the RFP, MDH does not guarantee a minimum and/or maximum

number of units or usage in the performance of the Contract. Per COMAR 21.06.03.05 “Labor

Hour Contract” means a contract which only provides for the payment of Future Labor

Category Hours performed. Offerors must submit All-inclusive Labor Rates on Attachment B-

1 – Table Labeled – “LABOR RATES” that provides labor rates for the following labor

categories for each year of the Contract:

Table 2-4 EHR Labor Categories

A. Architect, Application (Senior)

Q. Subject Matter Expert

B. Applications Programmer

R. Subject Matter Expert (Senior)

C. Applications Development Expert

S. Project Manager, Functional

D. Computer Specialist (Senior)

T. Information Technology Architect (Senior)

E. Computer Software/Integration Analyst (Senior)

U. Systems Design Architect

F. Database Manager

V. Information Security Engineer

G. Database Management Specialist (Junior)

W. Network Security Engineer

H. Helpdesk Manager

X. Network Administrator

I. Helpdesk Specialist (Senior)

Y. Network Manager

J. Helpdesk Specialist (Junior)

Z. Computer Systems Analyst (Junior)

K. Quality Assurance Specialist

L. Engineer, Systems

M. Engineer, Systems (Senior)

N. Testing Specialist

O. Technical Writer/Editor

P. Training Specialist/Instructor

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 31 of 146

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 15 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish an updated Project Schedule describing the

activities for the Contractor, the State, and any third parties for fully transitioning to the

Contractor’s Solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to

facilitate the orderly transfer of services to the State or a follow-on contractor,

for a period up to 120 days prior to Contract end date, or the termination

thereof. Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete

the transition

B. Maintain the services called for by the Contract at the required level of

proficiency

C. Provide updated System Documentation as appropriate; and

D. Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in

accordance with the directions of the Contract Monitor. The Contract Monitor

may provide the Contractor with additional instructions to meet specific

transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the

tasks completed are transferred to the custody of State personnel or a third

party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical

and project support to include but not be limited to:

A. The Contractor shall provide a draft Transition-Out Plan 120 Business Day in

advance of Contract end date.

B. The Transition-Out Plan shall address at a minimum the following areas:

1. Any staffing concerns/issues related to the closeout of the Contract

2. Communications and reporting process between the Contractor, the

Department, and the Contract Monitor

3. Security and system access review and closeout

4. Any hardware/software inventory or licensing including transfer of any

point of contact for required software licenses to the Department or a

designee

5. Any final training/orientation of Department staff

6. Connectivity services provided, activities and approximate timelines

required for Transition-Out

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 32 of 146

7. Plans to complete tasks and any unfinished work items (including open

change requests, and known bug/issues); and

8. Any risk factors with the timing and the Transition-Out schedule and

transition process. The Contractor shall document any risk factors and

suggested solutions.

9. Knowledge transfer, to include:

a) A working knowledge of the current system environments as

well as the general business practices of the Department.

b) Review with the Department the procedures and practices that

support the business process and current system environments

c) Working knowledge of all technical and functional matters

associated with the Solution, its architecture, data file structure,

interfaces, any batch programs, and any hardware or software

tools utilized in the performance of the Contract

d) Documentation that lists and describes all hardware and

software tools utilized in the performance of the Contract

e) A working knowledge of various utilities and corollary software

products used in support and operation of the Solution

C. The Contractor shall ensure all documentation and data including, but not

limited to, System Documentation and current operating procedures, is current

and complete with a hard and soft copy in a format prescribed by the Contract

Monitor.

D. The Contractor shall provide copies of any current daily and weekly back-ups

to the Department, or a third party as directed by the Contract Monitor as of the

final date of transition, but no later than the final date of the Contract.

E. Access to any data or configurations of the furnished product and services shall

be available after the expiration of the Contract as described in Section 3.2.5.

3.2.5 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.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 33 of 146

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 e-mail the original of each invoice and signed

authorization to invoice to the Contract Monitor and Subhan Turlapaty at e-

mail address: [email protected] and Shakira Tell at e-mail

address: [email protected].

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.

E. All labor Invoices shall include labor categories, rates, hours worked, and total

amounts per category. All labor categories and rates charged must be listed in

the Attachment B – Labor Categories & Rates of the Contract. No other

categories or rates will be allowed or payable.

F. MDH will make payments for Labor (if required) on a monthly basis for

services performed during the previous month in accordance with this Contract.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 34 of 146

G. 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.

H. 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 with COMAR

21.10.04.

I. 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.

J. 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

A. Deliverable invoices shall be accompanied by notice(s) of acceptance issued by

the State for all invoices submitted for payment. Payment of invoices will be

withheld if a signed DPAF is not submitted (see online example at

http://doit.maryland.gov/contracts/Documents/_procurementForms/Deliverable

ProductAcceptanceForm-DPAFsample.pdf).

B. Payment for deliverables will only be made upon completion and acceptance of

the deliverables as defined in Section 2.4.

3.3.4 Time and Materials and/or Labor Invoicing

A. All time and material and/or Labor invoices shall be accompanied by a signed

timesheet as described below and notice(s) of acceptance issued by the State:

DPAF for each time period invoiced (see online example at

http://doit.maryland.gov/contracts/Documents/_procurementForms/Deliverable

ProductAcceptanceForm-DPAFsample.pdf). Include for each person covered

by the invoice the following, individually listed per person: name, hours

worked, hourly labor rate, invoice amount and a copy of each person’s

timesheet for the period signed by the Contract Monitor.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 35 of 146

B. Time Sheet Reporting

Within three (3) Business Days after the 15th and the last day of the month, the TO Contractor

shall submit a semi-monthly timesheet for the preceding half month providing data for all

resources provided under the Contract.

At a minimum, each semi-monthly timesheet shall show:

1. Title: “Time Sheet for Employee Name”

2. Issuing company name, address, and telephone number

3. For each employee /resource:

a) Employee / resource name, and

b) For each Period ending date, e.g., “Period Ending:

mm/dd/yyyy” (Periods run 1st through 15th, and 16th through

last day of the month.):

i) Tasks completed that week and the associated

deliverable names and ID#s

ii) Number of hours worked each day

iii) Total number of hours worked that Period

iv) Period variance above or below 40 hours

v) Annual number of hours planned under the Task Order

vi) Annual number of hours worked to date; and

vii) Balance of hours remaining

4. Annual variance to date (Sum of periodic variances); and

5. Signature and date lines for the Contract Monitor.

C. Time sheets shall be submitted to the Contract Monitor prior to invoicing. The

Contract Monitor shall sign the timesheet to indicate authorization to invoice.

3.3.5 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

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 36 of 146

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.

3.3.6 Travel Reimbursement

Travel will not be reimbursed under this RFP.

3.4 Liquidated Damages

Inapplicable because there is no MBE goal for 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.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 37 of 146

E. Such contingency and DR plans shall be available for MDH 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

2. provide to the State the ability to perform a full or partial import/export

data at will or recurring basis 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 an 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: Also see Section 5.3.2.L.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 38 of 146

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.

1. Throughout the Term and for three (3) years thereafter, cyber risk/ data breach

insurance (either separately or as part of a broad Professional Liability or

Errors and Omissions Insurance) with limits of at least US $5 (five) million per

claim. Any "insured vs. insured" exclusions will be modified accordingly to

allow the State additional insured status without prejudicing the State’s rights

under the policy (ies). Coverage shall be sufficiently broad to respond to the

Contractor's duties and obligations under the Contract and shall include, but not

be limited to, claims involving privacy violations, information theft, damage to

or destruction of electronic information, the release of Sensitive Data, and

alteration of electronic information, extortion, and network security. The policy

shall provide coverage for, not by way of limitation, breach response costs as

well as regulatory fines and penalties as well as credit monitoring expenses

with limits sufficient to respond to these obligations.

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.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 39 of 146

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.

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 any Contractor Personnel providing 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

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 40 of 146

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 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.

D. 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.

E. 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 Administrations); or

6. a crime of violence as defined in CL § 14-101(a).

F. 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.

G. 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 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)

A. For the conditions noted below, Contractor Personnel may be barred from

entrance or leaving any site until such time that the State’s conditions and

queries are satisfied.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 41 of 146

1. Contractor Personnel may be subject to random security checks when

entering and leaving State secured areas. The State reserves the right to

require Contractor Personnel to be accompanied while in secured

premises.

2. Some State sites, especially those premises of the Department of Public

Safety and Correctional Services, require each person entering the

premises to document and inventory items (such as tools and equipment)

brought onto the site, and to submit to a physical search of his or her

person. Therefore, Contractor Personnel shall always have available an

inventory list of tools being brought onto a site and be prepared to present

the inventory list to the State staff or an officer upon arrival for review, as

well as present the tools or equipment for inspection. Before leaving the

site, the Contractor Personnel will again present the inventory list and the

tools or equipment for inspection. Upon both entering the site and leaving

the site, State staff or a correctional or police officer may search

Contractor Personnel. Depending upon facility rules, specific tools or

personal items may be prohibited from being brought into the facility.

B. Any Contractor Personnel who enter the premises of a facility under the

jurisdiction of the Department may be searched, fingerprinted (for the purpose

of a criminal history background check), photographed and required to wear an

identification card issued by the Department.

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law

Art. Section 9-410 through 9-417 and such other security policies of the agency

that controls the facility to which the Contractor Personnel seeks access. The

failure of any of the Contractor Personnel to comply with any provision of the

Contract is sufficient grounds for the State to immediately terminate the

Contract for default.

3.7.4 Information Technology

A. Contractors shall comply with and adhere to the State IT Security Policy and

Standards. These policies may be revised from time to time and the

Contractor shall comply with all such revisions. Updated and revised

versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword: Security Policy.

B. The Contractor shall not connect any of its own equipment to a State

LAN/WAN without prior written approval by the State. 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.

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

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 42 of 146

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. 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) https://public.cyber.mil/stigs/, 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.

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.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 43 of 146

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 (https://doit.maryland.gov/policies/Pages/default.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

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 44 of 146

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. MDH 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 Logs and Reports Access

A. For a SaaS or non-State hosted solution, the Contractor shall provide reports to

the State in a mutually agreeable format.

B. Reports shall include latency statistics, user access, user access IP address, user

access history and security logs for all State files related to the Contract.

3.7.7 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.

B. The Security Plan shall detail the steps and processes employed by the

Contractor as well as the features and characteristics which will ensure

compliance with the security requirements of the Contract.

C. The Security Plan shall address compliance with the PCI DSS for payment card

processing).

3.7.8 PCI Compliance

A. Contractor shall at all times comply, and ensure compliance with, all applicable

Payment Card Industry ("PCI") Data Security Standards (“DSS”), including

any and all changes thereto. Contractor shall provide the MDH with

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 45 of 146

documented evidence of current compliance to PCI DSS within 30 days of an

MDHs request.

B. The Contractor shall annually furnish to the State evidence of the PCI Security

Standards Council’s (SSC) acceptance or attestation of the Contractor’s

conformance to the relevant PCI DSS requirements by a third party certified to

perform compliance assessments.

C. The Contractor shall ensure that the scope of the annual SOC 2 Type II Report

specified under Section 3.9 includes testing to confirm the PCI assessment

results.

3.7.9 Security Incident Response

A. The Contractor shall notify the Department in accordance with Section 3.7.9A-

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

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

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 46 of 146

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.

3.7.10 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 2 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 while preserving

evidence 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.

3.7.11 Additional security requirements may be established in a Task Order and/or a

Work Order

3.7.12 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.

3.7.13 Provisions in Sections 3.7.1 – 3.7.10 shall survive expiration or termination of

the Contract. Additionally, the Contractor shall flow down the provisions of

Sections 3.7.4-3.7.10 (or the substance thereof) in all subcontracts.

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.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 47 of 146

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

3.9.1 A SOC 2 Type 2 Audit applies to the Contract. The applicable trust services

criteria are Security, Availability, Processing Integrity, Confidentiality, or

Privacy

3.9.2. The Contractor shall have an annual audit performed by an independent audit

firm of the Contractor’s handling of Sensitive Data and/or the Department’s

critical functions. Critical functions are identified as all aspects and

functionality of the System including any add-on modules and shall address all

areas relating to Information Technology security and operational processes.

These services provided by the Contractor that shall be covered by the audit

will collectively be referred to as the “Information Functions and/or

Processes.” Such audits shall be performed in accordance with audit guidance:

Reporting on Controls at a Service Organization Relevant to Security,

Availability, Confidentiality, or Privacy (SOC 2) as published by the American

Institute of Certified Public Accountants (AICPA) and as updated from time to

time, or according to the most current audit guidance promulgated by the

AICPA or similarly-recognized professional organization, as agreed to by the

Department, to assess the security of outsourced client functions or data

(collectively, the “Guidance”) as follows:

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 48 of 146

A. The type of audit to be performed in accordance with the Guidance is a SOC 2

Type 2 Audit (referred to as the “SOC 2 Audit” or “SOC 2 Report”). The initial

SOC 2 audit shall be scheduled and completed within a timeframe to be

specified by the State and submitted to the Contract Monitor. All subsequent

SOC 2 audits that are arranged after this initial audit shall be performed on an

annual basis and submitted to the Contract Monitor by the recurring annual

date” for the preceding calendar year.

B. The SOC 2 Audit shall report on Contractor’s system(s) and suitability of the

design and operating effectiveness of controls over the Information Functions

and/or Processes to meet the requirements of the TO Agreement, including the

Security Requirements identified in Section 3.7, relevant to the following trust

principles: Security, Availability, Confidentiality, and Privacy as defined in the

aforementioned Guidance.

C. The audit scope of each year’s SOC 2 Report may need to be adjusted

(including the inclusion or omission of the relevant trust services principles of

Security, Availability, Confidentiality, and Privacy) to accommodate any

changes to the Contractor’s environment since the last SOC 2 Report. Such

changes may include but are not limited to the addition of Information

Functions and/or Processes through modifications to the TO Agreement or due

to changes in Information Technology or operational infrastructure

implemented by the Contractor. The Contractor shall ensure that the audit

scope of each year’s SOC 2 Report engagement shall accommodate these

changes by including in the SOC 2 Report all appropriate controls related to the

current environment supporting the Information Functions and/or Processes,

including those controls required by the TO Agreement.

D. The scope of the SOC 2 Report shall include work performed by any relevant

subcontractors that provide essential support to the Contractor and/or essential

support to the Information Functions and/or Processes provided to the

Department under the TO Agreement. The Contractor shall ensure the audit

includes all such subcontractor(s) operating in the performance of the TO

Agreement.

E. All SOC 2 Audits, including those of the Contractor, shall be performed at no

additional expense to the Department.

F. The Contractor shall promptly provide a complete copy of the final SOC 2

Report(s) to the Contract Monitor upon completion of each annual SOC 2

Audit engagement.

G. The Contractor shall provide to the Contract Monitor, within 30 calendar days

of the issuance of each SOC 2 Report, a documented corrective action plan

which addresses each audit finding or exception contained in a SOC 2 Report.

The corrective action plan shall identify in detail the remedial action to be

taken by the Contractor along with the date(s) when each remedial action is to

be implemented.

H. If the Contractor currently has an annual information security assessment

performed that includes the operations, systems, and repositories of the

Information Functions and/or Processes being provided to the Department

under the TO Agreement, and if that assessment generally conforms to the

content and objective of the Guidance, the Department will determine in

consultation with appropriate State government technology and audit

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 49 of 146

authorities whether the Contractor’s current information security assessments

are acceptable in lieu of the SOC 2 Report(s).

I. If the Contractor fails during the TO Agreement term to obtain an annual SOC

2 Report by the date specified in Section 3.9.2.A, the Department shall have

the right to retain an independent audit firm to perform an audit engagement of

a SOC 2 Report of the Information Functions and/or Processes utilized or

provided by the Contractor and under the Contract. The Contractor agrees to

allow the independent audit firm to access its facility/ies for purposes of

conducting this audit engagement(s) and will provide the necessary support and

cooperation to the independent audit firm that is required to perform the audit

engagement of the SOC 2 Report. The Department will invoice the Contractor

for the expense of the SOC 2 Report(s) or deduct the cost from future payments

to the Contractor.

3.9.3 Provisions in Sections 3.9.1 – 3.9.2 shall survive expiration or termination of

the TO Agreement. Additionally, the Contractor shall flow down the provisions

of Sections 3.9.1-3.9.2 (or the substance thereof) in all subcontracts.

3.10 Experience and Personnel

3.10.1 Offeror Experience/Qualifications

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):

A. Demonstrated knowledge of Demonstrated success of implementing

and supporting EHR systems for the healthcare facilities operated by

public-sector agencies similar to the requirements of this RFP.

B. At least five (5) years, the Offeror shall have been in the business of

developing, selling, implementing, hosting and maintaining

subscription-based SaaS Electronic EHR technology.

C. The proposed SaaS must be a Certified Health Record Technology

(CEHRTCEHERT) for the 2015 edition and meet the 2017 Modified

Stage 2 requirements for Promoting Interoperability (Meaningful Use)

refer to https://www.cms.gov/Regulations-and-

Guidance/Legislation/EHRIncentivePrograms/Certification.

3.10.2 Offeror Preferred Experience

A. Within the last five years, the Offeror has completed three (3)

successful implementations of the proposed EHR SaaS in a distributed,

multi-facility behavioral healthcare system for psychiatric and

developmental disabilities with at least 2,500 employees.

B. Within the last five years, the Offeror’s proposed SaaS EHR has been

in full and complete production for at least one (1) year in two (2) or

more behavioral healthcare provider organizations with at least 2,500

employees.

C. The Offeror’s proposed EHR SaaS must be in active use by at least ten (10)

general healthcare providers with a minimum of 2,500 employees.

3.10.3 Number of Personnel to Propose

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 50 of 146

As part of the Proposal evaluation, Offerors shall propose exactly 10 personnel who are expected

to be available as of the start date specified in the Notice to Proceed (NTP Date). Offerors shall

describe in a Staffing Plan how additional resources shall be acquired to meet the needs of the

Department. Offerors may generally describe planned positions in a Staffing Plan. Such planned

positions may not be used as evidence of fulfilling personnel minimum qualifications.

3.10.4 Key Personnel Roles Identified

The Contractor shall provide the following Key Personnel Roles and Resumes on Appendix 6

- Reference Form in their Technical Proposal:

1. Executive Sponsor

2. Program / Project Manager

3. Lead Business Analyst/ Subject Matter Expert

4. Lead for End-User Training

5. Lead Technical Architect

6. Lead Technical Configurator by module

7. Lead for System Integrations & Interfaces

8. Lead for Organization Change Management

9. Lead for Data Conversions

10. Lead for Infrastructure & Security

3.10.5 Labor Categories

The Labor Categories are identified and described in APPENDIX 5. Resumes for resources shall be

provided in response to Work Orders issued under the Contract as governed by the Work Order process.

To be responsive to this RFP, Offerors must explain in the Staffing Plan how they are capable of

providing the labor categories listed below. Unless stated otherwise in the RFP, MDH does not

guarantee a minimum and/or maximum number of units or usage in the performance of the

Contract. Per COMAR 21.06.03.05 “Labor Hour Contract” means a contract which only provides for

the payment of labor performed. Offerors must submit All-inclusive Labor Rates on Attachment B-1

Tab – Labor Rates, that provides labor rates for the following labor categories for each year of the

Contract:

a) Architect, Application (Senior)

b) Applications Programmer

c) Applications Development Expert

d) Computer Specialist (Senior)

e) Database Manager

f) Database Management Specialist (Junior)

g) Helpdesk Manager

h) Helpdesk Specialist (Senior)

i) Helpdesk Specialist (Junior)

j) Quality Assurance Specialist

k) Engineer, Systems

l) Engineer, Systems (Senior)

m) Architect, Systems Design

n) Testing Specialist

o) Technical Writer/Editor

p) Training Specialist/Instructor

q) Subject Matter Expert

r) Subject Matter Expert (Senior)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 51 of 146

s) Project Manager

t) Information Technology Architect (Senior)

u) Systems Design Architect

v) Information Security Engineer

w) Network Security Engineer

x) Network Administrator

y) Network Manager

z) Computer Software/Integration Analyst (Senior)

3.10.6 Contractor Personnel Experience Equivalency (including Key Personnel submitted in

response to this RFP)

A. A Substitution of Education for Experience: Bachelor’s Degree or higher may be substituted

for the general and specialized experience for those labor categories requiring a High School

Diploma. A Master’s Degree may be substituted for two years of the general and specialized

experience for those labor categories requiring a Bachelor’s Degree. Substitution shall be

reviewed and approved by the State at its discretion.

B. Substitution of Experience for Education: Substitution of experience for education may be

permitted at the discretion of the State.

C. Substitution of Professional Certificates for Experience: Professional certification (e.g.,

Microsoft Certified Solutions Expert, SQL Certified Database Administrator) may be

substituted for up to two (2) years for general and specialized experience at the discretion of

the State.

3.10.7 Contractor Personnel Maintain Certifications

Any Contractor Personnel provided under this RFP shall maintain in good standing any required

professional certifications for the duration of the Contract.

3.11 Substitution of Personnel

3.11.4 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

Unless explicitly authorized by the Contract Monitor or specified in the Contract, Key

Personnel shall be assigned to the State of Maryland as a dedicated resource.

B. Key Personnel shall perform continuously for the duration of the Contract, or such lesser

duration as specified in the Technical Proposal. Key Personnel may not be removed by the

Contractor from working under the Contract without the prior written approval of the

Contract Monitor.

C. The provisions of this section apply to Key Personnel identified in any Task Order proposal

and agreement, if issued, and any Work Order Request and Work Order, if issued.

3.11.5 Definitions

For the purposes of this section, the following definitions apply:

A. Extraordinary Personal Event – means any of the following: leave under the Family Medical

Leave Act; an Incapacitating injury or Incapacitating illness; or other circumstances that in the sole

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 52 of 146

discretion of the State warrant an extended leave of absence, such as extended jury duty or extended

military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an

individual to perform the job duties described for that individual’s position in the RFP or the

Contractor’s Technical Proposal.

3.11.6 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described

in Section 3.11.4. Offerors may only perform limited substitutions of proposed personnel as allowed

in Section 3.11 (Substitution of Personnel).

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute

has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

1) A detailed explanation of the reason(s) for the substitution request

2) The resume of the proposed substitute, signed by the substituting individual and his/her formal

supervisor

3) The official resume of the current personnel for comparison purposes; and

4) Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and

may interview the proposed substitute personnel prior to deciding whether to approve the

substitution request.

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii)

contingent or temporary approval for a specified time limit, of the requested substitution. The

Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel

replacement.

3.11.7 Replacement Circumstances

A. Directed Personnel Replacement

1) The Contract Monitor may direct the Contractor to replace any Contractor Personnel

who, in the sole discretion of the Contract Monitor, are perceived as being unqualified,

non-productive, unable to fully perform the job duties, disruptive, or known, or

reasonably believed, to have committed a major infraction(s) of law, Department

policies, or Contract requirements. Normally, a directed personnel replacement will

occur only after prior notification of problems with requested remediation, as described

in paragraph 3.11.4.A.2.

2) If deemed appropriate in the discretion of the Contract Monitor, the Contract Monitor

may give written notice of any Contractor Personnel performance issues to the

Contractor, describing the problem and delineating the remediation requirement(s). The

Contractor shall provide a written response to the remediation requirements in a

Remediation Plan within ten (10) days of the date of the notice and shall immediately

implement the Remediation Plan upon written acceptance by the Contract Monitor. If

the Contract Monitor rejects the Remediation Plan, the Contractor shall revise and

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 53 of 146

resubmit the plan to the Contract Monitor within five (5) days, or in the timeframe set

forth by the Contract Monitor in writing.

3) Should performance issues persist despite an approved Remediation Plan, the Contract

Monitor may give written notice of the continuing performance issues and either request

a new Remediation Plan within a specified time limit or direct the substitution of

Contractor Personnel whose performance is at issue with a qualified substitute,

including requiring the immediate removal of the Contractor Personnel at issue.

4) Replacement or substitution of Contractor Personnel under this section shall be in

addition to, and not in lieu of, the State’s remedies under the Contract or which

otherwise may be available at law or in equity.

5) If the Contract Monitor determines to direct substitution under 3.11.4.A.1, if at all

possible, at least fifteen (15) days advance notice shall be given to the Contractor.

However, if the Contract Monitor deems it necessary and, in the State’s, best interests to

remove the Contractor Personnel with less than fifteen (15) days’ notice, the Contract

Monitor may direct the removal in a timeframe of less than fifteen (15) days, including

immediate removal.

6) In circumstances of directed removal, the Contractor shall, in accordance with paragraph

3.11.4.A.1 of this section, provide a suitable replacement for approval within fifteen (15)

days of the notification of the need for removal, or the actual removal, whichever occurs

first.

B. Key Personnel Replacement

1) To replace any Key Personnel in a circumstance other than as described in 3.11.4.B,

including transfers and promotions, the Contractor shall submit a substitution request as

described in Section 3.11.3 to the Contract Monitor at least fifteen (15) days prior to the

intended date of change. A substitution may not occur unless and until the Contract

Monitor approves the substitution in writing.

2) Key Personnel Replacement Due to Sudden Vacancy

a) The Contractor shall replace Key Personnel whenever a sudden vacancy occurs

(e.g., Extraordinary Personal Event, death, resignation, termination). A termination

or resignation with thirty (30) days or more advance notice shall be treated as a

replacement under Section 3.11.4.B.1.

b) Under any of the circumstances set forth in this paragraph B, the Contractor shall

identify a suitable replacement and provide the same information and items required

under Section 3.11.3 within fifteen (15) days of the actual vacancy occurrence or

from when the Contractor first knew or should have known that the vacancy would

be occurring, whichever is earlier.

3) Key Personnel Replacement Due to an Indeterminate Absence

a) If any Key Personnel has been absent from his/her job for a period of ten (10) days

and it is not known or reasonably anticipated that the individual will be returning to

work within the next twenty (20) days to fully resume all job duties, before the 25th

day of continuous absence, the Contractor shall identify a suitable replacement and

provide the same information and items to the Contract Monitor as required under

Section 3.11.3.

b) However, if this person is available to return to work and fully perform all job duties

before a replacement has been authorized by the Contract Monitor the Contract

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 54 of 146

Monitor may, at his/her sole discretion, authorize the original personnel to continue

to work under the Contract, or authorize the replacement personnel to replace the

original personnel, notwithstanding the original personnel’s ability to return.

3.11.8 Substitution Prior to and Within 30 Days After Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not

substitute proposed Key Personnel except under the following circumstances (a) for actual full-time

personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination,

resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such

personnel; and (b) for any temporary staff, subcontractors or 1099 contractors: the vacancy occurs due to

an Incapacitating event or the death of such personnel. To qualify for such substitution, the Offeror must

demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be

of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be

less qualified than the originally proposed individual may be grounds for pre-award disqualification or

post-award termination.

3.12 Minority Business Enterprise (MBE) Reports

This solicitation does not include an MBE goal.

3.13 Veteran Small Business Enterprise (VSBE) Reports

This solicitation does not include an VSBE goal.

3.14 Work Orders

A. Additional services and resources will be provided via a Work Order process.

Work shall not begin in advance of a fully executed Work Order. A Work

Order may be issued for either fixed price or labor pricing. Labor Work Orders

will be issued in accordance with pre-approved Labor Categories with the fully

loaded rates proposed in Attachment B-1 Financial Proposal – Tab – “Labor

Rates”.

B. Work Order Requests (See sample at

http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrder

Sample.pdf) for the provision of services or resources that are within the scope

of this RFP will be issued to the Contractor. The Work Order Request will

include:

1. Technical requirements and description of the service or resources needed

2. Performance objectives and/or deliverables, as applicable

3. Due date and time for submitting a response to the request; and

4. Required place(s) where work must be performed.

C. The Contractor shall e-mail a response to the Contract Monitor within the

specified time and include at a minimum:

1. A response that details the Contractor’s understanding of the work

2. A price to complete the Work Order Request using the format provided

using the format provided (see online sample).

3. A description of proposed resources required to perform the requested

tasks, with labor categories listed in accordance with Appendix 5.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 55 of 146

4. An explanation of how tasks shall be completed. This description shall

include proposed subcontractors and related tasks.

5. Contractor’s expectations for State-furnished information, work site,

and/or access to equipment, facilities, or personnel

6. The proposed personnel resources, including any subcontractor personnel,

to complete the task.

D. For a Labor Work Order, the Contract Monitor will review the response and

will confirm the proposed labor rates are consistent with this RFP. For a fixed

price Work Order, the Contract Monitor will review the response and will

confirm the proposed prices are acceptable.

E. The Contract Monitor may contact the Contractor to obtain additional

information, clarification, or revision to the Work Order, and will provide the

Work Order to the Procurement Officer for a determination of compliance with

the Contract and a determination whether a change order is appropriate. Written

Procurement Officer approval is required before Work Order execution by the

State.

F. Proposed personnel on any type of Work Order shall be subject to MDH

approval. The Contractor shall furnish resumes of proposed personnel

specifying the labor category(ies) proposed. The Contract Monitor shall have

the option to interview the proposed personnel and, in the event of an interview

or not, shall notify the Contractor of acceptance or denial of the personnel.

G. Performance of services under a Work Order shall commence consistent with

an NTP issued by the Contract Monitor for such Work Order.

3.15 Additional Clauses

The Contractor shall be subject to the requirements in this section and shall flow down the provisions of

Sections 3.15.1 – 3.15.5 (or the substance thereof) in all subcontracts.

3.15.4 Custom Software

A. As described in the sample Contract (Attachment M), the State shall solely

own any custom software, including, but not limited to application modules

developed to integrate with a COTS, source-codes, maintenance updates,

documentation, and configuration files, when developed under the Contract.

B. Upon a Contractor's voluntary or involuntary filing of bankruptcy or any other

insolvency proceeding, Contractor’s dissolution, Contractor’s discontinuance

of support of any software or system, the Contractor shall convey to the State

all rights, title, and interests in all custom software, licenses, software source

codes, and all associated System Documentation that comprises any solutions

proposed as a part of the Contract These rights include, but are not limited to,

the rights to use, and cause others to use on behalf of the State, said software,

software documentation, licenses, software source codes, and System

Documentation.

3.15.5 Custom Source Code

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 56 of 146

A. For all custom software provided to the State pursuant to any Contract, the

Contractor shall either provide the source code directly to the State in a form

acceptable to the State or deliver two copies of each software source code and

software source code documentation to a State-approved escrow agent at no

additional cost to the State following the terms set forth in the sample contract

(Attachment M) and in Section 3.15.3 below.

B. The State shall have the right to audit custom software source code and

corresponding software source code documentation for each software product

that comprises the solution as represented by the Contractor. This audit shall be

scheduled at any time that is convenient for the parties to be present. The State

shall be provided with software or other tools required to view all software

source code.

C. The Contractor shall provide the current source code and documentation for all

custom software to the State at the time of Contract termination.

3.15.6 Source Code Escrow

Source Code Escrow applies to the Contract. The Contractor shall perform source code escrow as

described herein.

A. The State will be named as a beneficiary under an escrow agreement (“Escrow

Agreement”) that shall be entered into between the Contractor and an escrow

agent (“Escrow Agent”) within 7 days of the date hereof pursuant to which

Contractor shall deliver a Source Code Escrow Package to Escrow Agent. The

term “Source Code Escrow Package” means a) a complete copy in machine-

readable form of the source code and executable code of the software licensed

to the State under the Contract; b) a complete copy of any existing design

documentation and user documentation; and/or c) complete instructions for

compiling and linking every part of the source code into executable code for

purposes of enabling verification of the completeness of the source code as

provided below. The Escrow Agreement shall govern the maintenance and

release of the Source Code Escrow Package, and Contractor agrees to update,

enhance, or otherwise modify such Source Code Escrow Package promptly

upon each release of a new version of any component thereof. Contractor shall

pay all fees and expenses charged by Escrow Agent, including, but not limited

to, fees and expenses related to the State being a named beneficiary under the

Escrow Agreement. The State shall treat the Source Code Escrow Package as

Contractor’s confidential information. Under all circumstances, the Source

Code Escrow Package shall remain the property of Contractor. The State shall

only use the Source Code Escrow Package as contemplated in the Contract

(including, but not limited to confidentiality provisions and usage restrictions).

The Escrow Agent shall maintain the Source Code Escrow Package in a

repository located in the United States.

B. In the event that the Escrow Agent either ceases providing escrow services to

Contractor or Contractor determines in its reasonable business judgment that

the Escrow Agent is no longer providing acceptable services, Contractor shall

replace the Escrow Agent with another escrow agent, using an agreement

which provides the State with rights no less advantageous than those in the

Escrow Agreement. In such case, the new escrow agent shall be substituted in

all ways for the incumbent Escrow Agent with respect to Section 3.15.3.A

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 57 of 146

above and all references herein to Escrow Agent shall be deemed to include

such substitute escrow agent.

C. Contractor shall inform the State of the availability of an escrow for any third-

party software solutions it provides to the State.

D. In addition to the rights and obligations contained in the Escrow Agreement

referenced in Section 3.15.3.A, the State shall have the Software Escrow

Package released by the Escrow Agent to the State’s possession immediately

upon any voluntary or involuntary filing of bankruptcy or any other insolvency

proceeding, including but not limited to a general assignment for the benefit of

including but not limited to a general assignment for the benefit of creditors,

the appointment of a receiver for business or assets; creditors, the appointment

of a receiver for business or assets; Contractor’s dissolution or liquidation,

voluntary or otherwise; the State has compelling reasons to believe that such

events will cause Contractor to fail to meet its obligations in the foreseeable

future; or Contractor’s discontinuance of support or failure to support in

accordance with the Contract any software system or if the Contractor is

otherwise unable or unwilling to provide the Source Code Escrow Package.

This condition will also be considered met if after repeated e-mail and phone

requests by the State for service, the State makes a request for service in

writing to the Contractor's last known address served by certified signed receipt

required mail delivery by U.S. Post Office or by a nationally recognized (in the

United States) overnight carrier, and the Contractor remains unresponsive,

meaning that the Contractor is unable to acknowledge message receipt,

unwilling or otherwise unable to satisfy the request for a period longer than 45

days from attempt to deliver the written request.

3.15.7 Purchasing and Recycling Electronic Products

This section does not apply to this solicitation.

3.15.8 Change Control and Advance Notice

A. Unless otherwise specified in an applicable Service Level Agreement, the

Contractor shall give seven (7) days advance notice to the State of any

upgrades or modifications that may impact service availability and

performance.

B. Contractor may not modify the functionality or features of any SaaS provided

hereunder if such modification materially degrades the functionality of the

SaaS.

3.15.9 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable

purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced

effect on human health and the environment when compared with competing goods or services

that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to

fulfill this contract, to the greatest extent practicable.

3.15.10 No-Cost Extensions

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 58 of 146

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on

the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to

extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the

base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of

work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be

added to the Contract in connection with any such extension.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 59 of 146

4 Procurement Instructions

4.10 Pre-Proposal Conference

4.10.1 A Pre-proposal conference (Conference) will be held at the date, time, and location indicated on

the Key Information Summary Sheet.

4.10.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend

in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE

goal, failure to attend the Conference will be taken into consideration as part of the evaluation of

an offeror’s good faith efforts if there is a waiver request.

4.10.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the

Conference to ensure that all parties understand the requirements of the contract and the MBE

Goal.

4.10.4 MBE subcontractors are encouraged to attend the Conference to market their participation to

potential prime contractors.

4.10.5 Following the Conference, the attendance record and summary of the Conference will be

distributed via the same mechanism described for amendments and questions (see Section 4.2.1

eMMA)

4.10.6 Those wishing to attend the web conference may request a meeting invitation by emailing Sherida

Studwood at sherida.studwood1@maryland.gov no later than 2:00 PM on July 28, 2022. An

invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email,

the Procurement Officer will reply with a registration email with a link that may be used to

4.11 eMaryland Marketplace Advantage (eMMA)

4.11.1 eMMA is the electronic commerce system for the State of Maryland. The RFP, Conference

summary and attendance sheet, Offerors’ questions and the Procurement Officer’s responses,

addenda, and other solicitation-related information will be made available via eMMA.

4.11.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then

follow the prompts.

4.12 Questions

4.12.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals,

shall identify in the subject line the Solicitation Number and Title (OCMP-22-18251 - Electronic

Health Records (EHR) Software as a Service (SaaS)), and shall be submitted in writing via e-mail

to the Procurement Officer no later than the date and time specified the Key Information

Summary Sheet. The Procurement Officer, based on the availability of time to research and

communicate an answer, shall decide whether an answer can be given before the Proposal due

date.

4.12.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via

the same mechanism as for RFP amendments and posted on eMMA.

4.12.3 The statements and interpretations contained in responses to any questions, whether responded to

verbally or in writing, are not binding on the Department unless it issues an amendment in

writing.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 60 of 146

4.13 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR

21.05.03. Late Proposals, Withdrawals, and Modifications. Any proposal, withdrawal, or modification

received after the established due date and time at the place designated for receipt of proposals is late and

may only be considered in accordance with COMAR 21.05.02.10D.

4.14 Proposal Due (Closing) Date and Time

4.14.1 Proposals, in the number and form set forth in Section 5 Proposal Format, must be received by

the Procurement Officer no later than the Proposal due date and time indicated on the Key

Information Summary Sheet in order to be considered.

4.14.2 Requests for extension of this date or time shall not be granted.

4.14.3 Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by

the Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10,

Proposals received after the due date and time listed in the Key Information Summary Sheet will

not be considered.

4.14.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-

mail address indicated on the Key Information Summary Sheet.

4.14.5 Proposals may be modified or withdrawn by written notice received by the Procurement Officer

before the time and date set forth in the Key Information Summary Sheet for receipt of Proposals.

4.14.6 Proposals may not be submitted by e-mail or facsimile. Proposals will not be opened publicly.

4.14.7 Potential Offerors not responding to this solicitation are requested to submit the “Notice to

Vendors” form, which includes company information and the reason for not responding (e.g., too

busy, cannot meet mandatory requirements).

4.15 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted.

4.16 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise

description of the Offeror’s Proposal to meet the requirements of this RFP.

4.17 Public Information Act Notice

4.17.1 The Offeror should give specific attention to the clear identification of those portions of its

Proposal that it considers confidential and/or proprietary commercial information or trade secrets,

and provide justification why such materials, upon request, should not be disclosed by the State

under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4 (See also

RFP Section 5.3.2.B “Claim of Confidentiality”). This information should be identified by page

and section number and placed after the Title Page and before the Table of Contents in the

Technical Proposal and if applicable, separately in the Financial Proposal.

4.17.2 Offerors are advised that, upon request for this information from a third party, the Procurement

Officer is required to make an independent determination whether the information must be

disclosed.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 61 of 146

4.18 Award Basis

A Contract shall be awarded to the responsible Offeror(s) submitting the Proposal that has been

determined to be the most advantageous to the State, considering price and evaluation factors set forth

in this RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP.

See RFP Section 6 for further award information.

4.19 Oral Presentation

Offerors may be required to make oral presentations to State representatives. Oral presentations are

considered part of the Technical Proposal. Offerors must confirm in writing any substantive oral

clarification of, or change in, their Proposals made in the course of discussions. Any such written

clarifications or changes then become part of the Offeror’s Proposal. The Procurement Officer will

notify Offerors of the time and place of oral presentations.

4.20 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 180 days

following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the

date any protest concerning this RFP is finally resolved. This period may be extended at the

Procurement Officer’s request only with the Offeror’s written agreement.

4.21 Revisions to the RFP

4.21.1 If the RFP is revised before the due date for Proposals, the Department shall post any addenda to

the RFP on eMMA and shall endeavor to provide such addenda to all prospective Offerors that

were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP.

It remains the responsibility of all prospective Offerors to check eMMA for any addenda issued

prior to the submission of Proposals.

4.21.2 Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date

shall be included in the Transmittal Letter accompanying the Offeror’s Technical Proposal.

4.21.3 Addenda made after the due date for Proposals will be sent only to those Offerors that remain

under award consideration as of the issuance date of the addenda.

4.21.4 Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be

in the manner specified in the addendum notice.

4.21.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with

the terms, additions, deletions, or corrections set forth in the addendum, and may cause the

Proposal to be deemed not reasonably susceptible of being selected for award.

4.22 Cancellations

4.22.1 The State reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or

in part, received in response to this RFP, waive or permit the cure of minor irregularities, and

conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to

serve the best interests of the State.

4.22.2 The State reserves the right, in its sole discretion, to award a Contract based upon the written

Proposals received without discussions or negotiations.

4.22.3 In the event a government entity proposes and receives the recommendation for award, the

procurement may be cancelled, and the award processed in accordance with COMAR

21.01.03.01.A(4).

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 62 of 146

4.22.4 If the services that are the subject of the RFP are currently being provided under an interagency

agreement with a public institution of higher education and the State determines that the services

can be provided more cost effectively by the public institution of higher education, then the RFP

may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

4.23 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a

Proposal, in making an oral presentation, providing a demonstration, or performing any other activities

related to submitting a Proposal in response to this solicitation.

4.24 Protest/Disputes

Any protest or dispute related to this solicitation, or the Contract award shall be subject to the provisions

of COMAR 21.10 (Administrative and Civil Remedies).

4.25 Offeror Responsibilities

4.25.1 Offerors must be able to provide all goods and services and meet all of the requirements

requested in this solicitation and the successful Offeror shall be responsible for Contract

performance including any subcontractor participation.

4.25.2 All subcontractors shall be identified and a complete description of their role relative to the

Proposal shall be included in the Offeror’s Proposal. If applicable, subcontractors utilized in

meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified

as provided in the appropriate Attachment(s) to this RFP (see Section 4.26 “Minority

Participation Goal” and Section 4.27 “VSBE Goal”).

4.25.3 If the Offeror is the subsidiary of another entity, all information submitted by the Offeror,

including but not limited to references, financial reports, or experience and documentation (e.g.,

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall

pertain exclusively to the Offeror, unless the parent organization will guarantee the performance

of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed

by an authorized representative of the parent organization, stating that the parent organization will

guarantee the performance of the subsidiary.

4.25.4 A parental guarantee of the performance of the Offeror under this Section will not automatically

result in crediting the Offeror with the experience or qualifications of the parent under any

evaluation criteria pertaining to the actual Offeror’s experience and qualifications. Instead, the

Offeror will be evaluated on the extent to which the State determines that the experience and

qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the

parent to be directly involved in the performance of the Contract, and the value of the parent’s

participation as determined by the State.

4.26 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to

have accepted the terms and conditions of this RFP and the Contract, attached hereto as Attachment M.

Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the

Technical Proposal. All exceptions will be taken into consideration when evaluating the Offeror’s

Proposal. The Department reserves the right to accept or reject any exceptions.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 63 of 146

4.27 Proposal Affidavit

A Proposal submitted by the Offeror must be accompanied by a completed Proposal Affidavit. A copy of

this Affidavit is included as Attachment C of this RFP.

4.28 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror

will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational

purposes as Attachment N of this RFP. This Affidavit must be provided within five (5) Business Days of

notification of recommended award. For purposes of completing Section “B” of this Affidavit

(Certification of Registration or Qualification with the State Department of Assessments and Taxation), a

business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.29 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will

comply with all federal, State, and local laws applicable to its activities and obligations under the

Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the

payment of any obligations due and owing the State, including the payment of taxes and employee

benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.30 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of

Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West

Preston Street, Baltimore, Maryland 21201. For registration information, visit

https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Offeror complete registration prior to the Proposal due date

and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise

successful Offeror from final consideration and recommendation for Contract award.

4.31 False Statements

Offerors are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as

follows:

4.31.1 In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device.

B. Make a false or fraudulent statement or representation of a material fact.

C. Use a false writing or document that contains a false or fraudulent statement or entry of a

material fact.

4.31.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

4.31.3 A person who violates any provision of this section is guilty of a felony and on conviction is

subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.32 Payments by Electronic Funds Transfer

By submitting a Proposal in response to this solicitation, the Offeror, if selected for award:

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 64 of 146

4.32.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The

successful Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

4.32.2 Any request for exemption must be submitted to the State Comptroller’s Office for approval at

the address specified on the COT/GAD X-10 form, must include the business identification

information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

4.33 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt

Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs

(GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and

Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and

21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction

procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in

the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M). Additional information is

available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

4.34 Electronic Procurements Authorized

4.34.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct

procurement transactions by electronic means, including the solicitation, proposing, award,

execution, and Department of a contract, as provided in Md. Code Ann., Maryland Uniform

Electronic Transactions Act, Commercial Law Article, Title 21.

4.34.2 Participation in the solicitation process on a procurement contract for which electronic means has

been authorized shall constitute consent by the Offeror to conduct by electronic means all

elements of the procurement of that Contract which are specifically authorized under the

solicitation or Contract. In the case of electronic transactions authorized by this RFP, electronic

records and signatures by an authorized representative satisfy a requirement for written

submission and signatures.

4.34.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic,

wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer,

specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data

interchange.

4.34.4 In addition to specific electronic transactions specifically authorized in other sections of this

solicitation (e.g., RFP § 4.23 describing payments by Electronic Funds Transfer), the following

transactions are authorized to be conducted by electronic means on the terms as authorized in

COMAR 21.03.05:

A. The Procurement Officer may conduct the procurement using eMMA or e-mail to issue:

1. The RFP

2. Any amendments and requests for best and final offers

3. Pre-Proposal conference documents

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 65 of 146

4. Questions and responses

5. Communications regarding the solicitation or Proposal to any Offeror or potential

Offeror

6. Notices of award selection or non-selection; and

7. The Procurement Officer’s decision on any Proposal protest or Contract claim.

B. The Offeror or potential Offeror must use eMMA:

1. Submit Proposals

C. The Offeror or potential Offeror may use email to:

1. Ask questions regarding the solicitation

2. Reply to any material received from the Procurement Officer by electronic means that

includes a Procurement Officer’s request or direction to reply by e-mail or through

eMMA, but only on the terms specifically approved and directed by the Procurement

Officer and

3. Submit a "No Proposal Response" to the RFP.

D. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day

Contract Department, except as outlined in Section 4.25.5 of this subsection, utilizing e-mail

or other electronic means if authorized by the Procurement Officer or Contract Monitor.

4.34.5 The following transactions related to this procurement and any Contract awarded pursuant to it

are not authorized to be conducted by electronic means:

A. Submission of initial Proposals, except through eMMA

B. Filing of protests

C. Filing of Contract claims

D. Submission of documents determined by the Department to require original signatures (e.g.,

Contract execution, Contract modifications); or

E. Any transaction, submission, or communication where the Procurement Officer has

specifically directed that a response from the Contractor or Offeror be provided in writing or

hard copy.

4.34.6 Any e-mail transmission is only authorized to the e-mail addresses for the identified person as

provided in the solicitation, the Contract, or in the direction from the Procurement Officer or

Contract Monitor.

4.35 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.36 VSBE Goal

There is no VSBE subcontractor participation goal for this procurement.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 66 of 146

4.37 Living Wage Requirements

A. Maryland law requires that contractors meeting certain conditions pay a living wage to

covered employees on State service contracts over $100,000. Maryland Code Ann., State

Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at

the Maryland Department of Labor requires that a contractor subject to the Living Wage law

submit payroll records for covered employees and a signed statement indicating that it paid a

living wage to covered employees; or receive a waiver from Living Wage reporting

requirements. See COMAR 21.11.10.05.

B. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law

requirements, including but not limited to reporting requirements in COMAR 21.11.10.05.

Contractor understands that failure of Contractor to provide such documents is a material

breach of the terms and conditions and may result in Contract termination, disqualification by

the State from participating in State contracts, and other sanctions. Information pertaining to

reporting obligations may be found by going to the Maryland Department of Labor website

http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

C. Additional information regarding the State’s living wage requirement is contained in

Attachment F. Offerors must complete and submit the Maryland Living Wage Requirements

Affidavit of Agreement (Attachment F-1) with their Proposals. If the Offeror fails to

complete and submit the required documentation, the State may determine the Offeror to not

be responsible under State law.

D. Contractors and subcontractors subject to the Living Wage Law shall pay each covered

employee at least the minimum amount set by law for the applicable Tier area. The specific

living wage rate is determined by whether a majority of services take place in a Tier 1 Area or

a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority

of services take place in a Tier 1 Area or Tier 2 Area of the State.

1. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and

Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State

not included in the Tier 1 Area. In the event that the employees who perform the services

are not located in the State, the head of the unit responsible for a State Contract pursuant

to §18-102(d) of the State Finance and Procurement Article shall assign the tier based

upon where the recipients of the services are located. If the Contractor provides more than

50% of the services from an out-of-State location, the State agency determines the wage

tier based on where the majority of the service recipients are located. In this circumstance,

the Contract will be determined to be a Tier 2 Contract.

2. The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on

the location(s) from which the Contractor provides 50% or more of the services. The

Offeror must identify in its Proposal the location(s) from which services will be provided,

including the location(s) from which 50% or more of the Contract services will be

provided.

3. If the Contractor provides 50% or more of the services from a location(s) in a Tier 1

jurisdiction(s) the Contract will be a Tier 1 Contract.

4. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2

jurisdiction(s), the Contract will be a Tier 2 Contract.

E. If the Contractor provides more than 50% of the services from an out-of-State location, the

State agency determines the wage tier based on where the majority of the service recipients are

located. See COMAR 21.11.10.07.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 67 of 146

F. The Offeror shall identify in the Proposal the location from which services will be provided.

G. NOTE: Whereas the Living Wage may change annually, the Contract price will not change

because of a Living Wage change or a change in the State minimum wage.

4.38 Federal Funding Acknowledgement

This Contract does not contain Federal funds.

4.39 Conflict of Interest Affidavit and Disclosure

4.39.1 The Offeror shall complete and sign the Conflict-of-Interest Affidavit and Disclosure

(Attachment H) and submit it with its Proposal.

4.39.2 By submitting a Conflict-of-Interest Affidavit and Disclosure, the Contractor shall be construed

as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as

defined in COMAR 21.05.08.08A.

4.39.3 Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are

without conflicts of interest prior to providing services << under OR individual Task Orders

issued under >> the Contract. For policies and procedures applying specifically to Conflict of

Interests, the Contract is governed by COMAR 21.05.08.08.

4.39.4 Participation in Drafting of Specifications: Disqualifying Event: Offerors are advised that Md.

Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an

individual who assists an executive unit in the drafting of specifications, an invitation for bids, a

request for proposals for a procurement, or the selection or award made in response to an

invitation for bids or a request for proposals, or a person that employs the individual, may not: (1)

submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or

indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a

Proposal in violation of this provision shall be classified as “not responsible.” See COMAR

21.05.03.03.

4.40 Non-Disclosure Agreement

4.40.1 Non-Disclosure Agreement (Offeror)

Certain documentation may be available for potential Offerors to review at a reading room at 201 W.

Preston Street, 4

Floor, Baltimore, MD 21201. Offerors who review such documentation will be required

to sign a Non-Disclosure Agreement (Offeror) in the form of Appendix 3. Please contact the Procurement

Officer to schedule an appointment.

4.40.2 Non-Disclosure Agreement (Contractor)

All Offerors are advised that this solicitation and any Contract(s) are subject to the terms of the Non-

Disclosure Agreement (NDA) contained in this solicitation as Attachment I. This Agreement must be

provided within five (5) Business Days of notification of recommended award; however, to expedite

processing, it is suggested that this document be completed and submitted with the Proposal.

4.41 HIPAA - Business Associate Agreement

Based on the determination by the Department that the functions to be performed in accordance with this

solicitation constitute Business Associate functions as defined in the Health Insurance Portability and

Accountability Act of 1996 (HIPAA), the recommended awardee shall execute a Business Associate

Agreement as required by HIPAA regulations at 45 C.F.R. §164.500 et seq. and set forth in Attachment

J. This Agreement must be provided within five (5) Business Days of notification of proposed Contract

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 68 of 146

award. However, to expedite processing, it is suggested that this document be completed and submitted

with the Proposal. Should the Business Associate Agreement not be submitted upon expiration of the five

(5) Business Day period as required by this solicitation, the Procurement Officer, upon review of the

Office of the Attorney General and approval of the Secretary, may withdraw the recommendation for

award and make the award to the responsible Offeror with the next highest overall-ranked Proposal.

4.42 Nonvisual Access

4.42.1 The Offeror warrants that the information technology offered under this proposal:

1. Provides equivalent access for effective use by both visual and nonvisual means

consistent with the standards of § 508 of the federal Rehabilitation Act of 1973

and Code of Maryland Regulations 14.33.02;

2. Provides an individual with disabilities with nonvisual access in a way that is

fully and equally accessible to and independently usable by the individual with

disabilities so that the individual is able to acquire the same information, engage

in the same interactions, and enjoy the same services as users without disabilities,

with substantially equivalent ease of use;

3. Will present information, including prompts used for interactive communications,

in formats intended for both visual and nonvisual use;

4. If intended for use in a network, can be integrated into networks for obtaining,

retrieving, and disseminating information used by individuals who are not blind or

visually impaired; and

5. Is available, whenever possible, without modification for compatibility with

software and hardware for nonvisual access. The Offeror further warrants that the

cost, if any, of modifying the information technology for compatibility with

software and hardware used for nonvisual access will not increase the cost of the

information technology by more than 15 percent.

4.42.2 If the information technology procured under this solicitation does not meet the nonvisual

access standards set forth in the Code of Maryland Regulations 14.33.02, the State will

notify the Offeror in writing that the Offeror, at its own expense, has 12 months after the

date of the notification to modify the information technology in order to meet the

nonvisual access standards. If the Offeror fails to modify the information technology to

meet the nonvisual access standards within 12 months after the date of the notification, the

Offeror may be subject to a civil penalty of a fine not exceeding $5,000 for a first offense,

and a fine not exceeding $10,000 for a subsequent offense.

4.42.3 The Offeror shall indemnify the State for liability resulting from the use of information

technology that does not meet the applicable nonvisual access standards.

4.42.4 For purposes of this regulation, the phrase ‘equivalent access' means the ability to receive,

use, and manipulate information and operate controls necessary to access and use

information technology by nonvisual means. Examples of equivalent access include

keyboard controls used for input and synthesized speech, Braille, or other audible or

tactile means used for output.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 69 of 146

4.43 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a

component.

4.44 Location of the Performance of Services Disclosure

The Offeror is required to complete the Location of the Performance of Services Disclosure. A copy of

this Disclosure is included as Attachment L. The Disclosure must be provided with the Proposal.

4.45 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.46 Small Business Reserve (SBR) Procurement

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

4.47 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should

be aware of how this Act could affect your potential contract award with the State of Maryland. See the

Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act

Information: http://dllr.maryland.gov/paidleave/.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 70 of 146

5 Proposal Format

5.10 Two Part Submission

Offerors shall submit Proposals in separate volumes (or envelopes):

1. Volume I –Technical Proposal

2. Volume II – Financial Proposal

5.11 Proposal Delivery and Packaging

5.11.1 Proposals delivered by facsimile and e-mail shall not be considered.

5.11.2 Provide no pricing information in the Technical Proposal. Provide no pricing information on the

media submitted in the Technical Proposal.

5.11.3 Offerors must submit Proposals through the State’s internet based electronic procurement system,

eMMA.

5.11.4 The Procurement Officer must receive all electronic Proposal material by the RPF due date and

time specified in the Key Information Summary Sheet. Requests for extension of this date or

time will not be granted. Except as provided in COMAR 21.05.03.02F, Proposals received by the

Procurement Officer after the due date will not be considered.

5.11.5 Offerors shall provide their Proposals in two separate envelopes through eMMA following the

Quick Reference Guides (QRG) labelled “5 - eMMA QRG Responding to Solicitations (RFP)”

for double envelope submissions.

5.11.6 Two Part Submission:

A. Technical Proposal consisting of:

1. Technical Proposal and all supporting material in Microsoft Word format, version 2007

or greater,

2. Technical Proposal in searchable Adobe PDF format,

A second searchable Adobe copy of the Technical Proposal, with confidential and

proprietary information redacted (see Section 4.8), and

B. Financial Proposal – Attachment B consisting of:

1. Financial Proposal entered into the price form spreadsheet within eMMA and all

supporting material in Excel format,

2. Financial Proposal in searchable Adobe PDF format,

3. A second searchable Adobe copy of the Financial Proposal, with confidential and

proprietary information removed (see Section 4.8).

5.12 Volume I - Technical Proposal

NOTE: ALL pricing information must be omitted from the Technical Proposal (Volume I). Include

pricing information Attachment B-1 ONLY in the Financial Proposal (Volume II).

5.12.1 In addition to the instructions below, responses in the Offeror’s Technical Proposal shall

reference the organization and numbering of Sections in the RFP (e.g., “Section 2.2.1 Response . .

.; “Section 2.2.2 Response . . .,”). All pages of both Proposal volumes shall be consecutively

numbered from beginning (Page 1) to end (Page “x”).

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 71 of 146

5.12.2 The Technical Proposal shall include the following documents and information in the order

specified as follows. Each section of the Technical Proposal shall be separated by a TAB as

detailed below:

A. Title Page and Table of Contents (Submit under TAB A)

The Technical Proposal should begin with a Title Page bearing the name and address of the

Offeror and the name and number of this RFP. A Table of Contents shall follow the Title

Page for the Technical Proposal, organized by section, subsection, and page number.

B. Claim of Confidentiality (If applicable, submit under TAB A-1)

Any information which is claimed to be confidential and/or proprietary information should

be identified by page and section number and placed after the Title Page and before the

Table of Contents in the Technical Proposal, and if applicable, separately in the Financial

Proposal. An explanation for each claim of confidentiality shall be included (see Section 4.8

“Public Information Act Notice”). The entire Proposal cannot be given a blanket

confidentiality designation - any confidentiality designation must apply to specific sections,

pages, or portions of pages of the Proposal and an explanation for each claim shall be

included.

C. Offeror Information Sheet and Transmittal Letter (Submit under TAB B)

The Offeror Information Sheet (see Appendix 2) and a Transmittal Letter shall accompany

the Technical Proposal. The purpose of the Transmittal Letter is to transmit the Proposal

and acknowledge the receipt of any addenda to this RFP issued before the Proposal due date

and time. Transmittal Letter should be brief, be signed by an individual who is authorized

to commit the Offeror to its Proposal and the requirements as stated in this RFP.

D. Executive Summary (Submit under TAB C)

The Offeror shall condense and highlight the contents of the Technical Proposal in a

separate section titled “Executive Summary.”

In addition, the Summary shall indicate whether the Offeror is the subsidiary of another

entity, and if so, whether all information submitted by the Offeror pertains exclusively to the

Offeror. If not, the subsidiary Offeror shall include a guarantee of performance from its

parent organization as part of its Executive Summary (see Section 4.16 “Offeror

Responsibilities”).

The Executive Summary shall also identify any exceptions the Offeror has taken to the

requirements of this RFP, the Contract (Attachment M), or any other exhibits or

attachments. Acceptance or rejection of exceptions is within the sole discretion of the State.

Exceptions to terms and conditions, including requirements, may result in having the

Proposal deemed unacceptable or classified as not reasonably susceptible of being

selected for award.

E. Minimum Qualifications Documentation (If applicable, Submit under TAB D)

The Offeror shall submit any Minimum Qualifications documentation that may be required, as

set forth in RFP Section 1. If references are required in RFP Section 1, those references shall

be submitted in this section and shall contain the information described in both Section 1 and

Section 5.3.2.I.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 72 of 146

F. Offeror Technical Response to RFP Requirements and Proposed Work Plan (Submit

under TAB E)

1. The Offeror shall address each RFP requirement (RFP Section 2 and Section 3) in its Technical

Proposal with a cross reference to the requirement and describe how its proposed goods and

services, including the goods and services of any proposed subcontractor(s), will meet or exceed

the requirement(s). If the State is seeking Offeror agreement to any requirement(s), the Offeror

shall state its agreement or disagreement. Any paragraph in the Technical Proposal that responds

to an RFP requirement shall include an explanation of how the work will be performed. The

response shall address each requirement in Section 2 and Section 3 in order and shall contain a

cross reference to the requirement.

2. Technical Architecture: The Offeror shall provide an EHR technical infrastructure which fully

meets all of the functional and non-functional requirements in the RTMs. The Offeror shall

complete the information below for their proposed technical architecture solution and include it in

their Technical Proposal:

A. Production Architecture

1. Provide a schematic diagram of the Offeror’s solution depicting the locations, facilities

and features that are proposed to hold the State’s data; provide schematic diagram of

the EHR SaaS Solution.

2. Describe the security layers, associated policies, procedures, certifications and

assessments of the Offeror’s solution; describe any and all customer specific

components and associated security layers.

3. Provide an architectural diagram depicting each major component of the Offeror’s

proposed technical architecture and the relationships between the components and

scalability of the architecture.

4. Describe the capability of the Offeror’s proposed technical infrastructure to meet the

State’s requirements for high availability, redundancy, scalability, performance,

reliability and failover; identify the largest number of concurrent users that have been

successfully implemented on the Offeror’s proposed data center for the production

landscape; provide performance metrics for the last two years of infrastructure

provisioning.

5. Identify any other tools/components including the model number/version number

required to implement, operate and maintain the EHR SaaS Solution including any

additional hardware or software components.

6. Describe in detail all and any customer specific monitoring and procedures to ensure

stable performance during peak usage.

7. Describe Offeror’s disaster recovery plan and disaster testing cycles.

8. List technological improvements implemented in the last 5 years to take advantage of

advances in technology to keep the system “state of the art”.

9. Will the proposed solution require any hardware or software?

B. Non-Production Landscape

Identify and describe the various non-production environments the Offeror is proposing

to support project development activities from initiation through the entire contract

duration. Provide a diagram depicting these non-production environments.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 73 of 146

C. Data Management

1. Describe Offeror’s ability to handle data and associated media identified as sensitive

and secure.

2. Describe Offeror’s approach to handling the State’s legacy data considering the fact

that the State wishes to decommission the legacy systems being replaced by the EHR

SaaS Solution.

3. Describe the Offeror’s solution for data retention, archiving, purging and availability

of historical data for reporting purposes.

D. Configuration Management

1. Describe the Offeror’s proposed approach to configuration management of EHR SaaS

Solution configurations and custom objects both during the project and post go-live

including any proposed configuration management tools.

2. Describe the Offeror’s approach to applying patches, fixes and upgrade; describe the

QA and testing methodologies.

E. Integration and Interfaces

1. Identify and describe the Offeror’s proposed data integration tools to support

conversions, interfaces and the transformation of data into the EHR SaaS Solution.

F. Development of Custom Objects

1. Describe the Offeror’s proposed approach for developing custom extensions to the

proposed solution suite to meet the State’s functional requirements and the steps the

Offeror will take to assure these custom extensions shall be upgradeable in future

upgrades/releases.

2. Describe the Offeror’s proposed approach for developing required custom workflows,

business process maps and the steps the Offeror will take to assure these custom

extensions shall be upgradeable in future upgrades/releases.

G. Legacy Reporting

1. Describe the Offeror’s approach for addressing legacy data given that all legacy

systems being replaced will be decommissioned.

2. Describe the Offeror’s solution for data retention, archiving, purging and availability

of historical data for reporting purposes.

3. Describe the Offeror’s proposed approach for developing federated analytical reports.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 74 of 146

H. Testing Tools

Describe Offeror’s automated application testing tools offering to address the testing needs

such as but not limited to business process testing, regression testing and user acceptance

testing.

1. Hosting and Support: Requirements within the Facilities

Offeror shall describe the IT infrastructure and equipment that MDH healthcare

systems must have in place to access and use the new EHR system efficiently,

effectively, and securely. Offeror should specify the required or recommended

levels of bandwidth; types of devices for end-user access and transactions; types and

numbers of printers or other devices in addition to end-user computers; capabilities

for data security; and any other considerations that Offeror deems from its

experience to be a necessary enabler for the MDH healthcare facilities and

headquarter offices to be ready to access and use the EHR system efficiently,

effectively, and securely.

2. The Offeror shall give a definitive section-by-section description of the proposed

plan to meet the requirements of the RFP, i.e., a Work Plan. The Work Plan shall

include the specific methodology, techniques, and number of staff, if applicable, to

be used by the Offeror in providing the required goods and services as outlined in

RFP Section 2, Contractor Requirements: Scope of Work. The description shall

include an outline of the overall management concepts employed by the Offeror and

a project management plan, including project control mechanisms and overall

timelines. Project deadlines considered contract deliverables must be recognized in

the Work Plan.

3. Implementation Schedule - Offeror shall provide the proposed implementation

schedule with its Proposal.

4. The Offeror shall identify the location(s) from which it proposes to provide services,

including, if applicable, any current facilities that it operates, and any required

construction to satisfy the State’s requirements as outlined in this RFP.

5. The Offeror shall provide a draft Problem Escalation Procedure (PEP) that includes,

at a minimum, titles of individuals to be contacted by the Contract Monitor should

problems arise under the Contract and explains how problems with work under the

Contract will be escalated in order to resolve any issues in a timely manner. Final

procedures shall be submitted as indicated in Section 3.8.

6. The Offeror shall provide a Backup solution/ strategy recommendation as part of its

Proposal.

7. Disaster Recovery and Security Model description - For hosted services, the Offeror

shall include its DR strategy, and for on premise, a description of a recommended

DR strategy.

8. The Offeror shall include a deliverable description and schedule describing the

proposed Deliverables as mapped to the State SDLC and the Deliverables table in

Section 2.4.4. The schedule shall also detail proposed submission due

date/frequency of each recommended Deliverable.

9. The Offeror shall include an SLA as identified in Section 2.9, including service

level metrics offered and a description how the metrics are measured, any SLA

credits should the service level metrics not be met, and how the State can verify the

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 75 of 146

service level. The Offeror shall describe how service level performance is reported

to the State.

10. Description of technical risk of migrating from the existing system.

11. Product Requirements:

a. Details for each offering: The Offeror shall provide the following information for

each offering:

i. Offering Name

ii. Offeror relationship with manufacturer (e.g., manufacturer, reseller,

partner);

iii. Manufacturer

iv. Short description of capability

v. Version (and whether version updates are limited in any way)

vi. License type (e.g., user, CPU, node, transaction volume)

vii. Subscription term (e.g., annual)

viii. License restrictions if any

ix. Operational support offered (e.g., customer support, help desk, user

manuals online or hardcopy), including description of multiple support

levels (if offered), service level measures and reporting

x. Continuity of operations and disaster recovery plans for providing service

at 24/7/365 level

xi. Ability of the offering to read and export data in existing State enterprise

data stores. Offerors in their Proposals shall describe the interoperability of

data that can be imported or exported from the Solution, including

generating industry standard formats

xii. Any limitations or constraints in the offering, including any terms or

conditions (e.g., terms of service, ELA, AUP, professional services

agreement, master agreement).

xiii. Compatibility with the State’s existing single sign-on system, SecureAuth

or other single sign-on approaches

xiv. APIs offered, and what type of content can be accessed and consumed

xv. Update / upgrade roadmap and procedures, to include planned changes in

the next 12 months, frequency of system update (updates to software

applied) and process for updates/upgrades

xvi. Frequency of updates to data services, including but not limited to, datasets

provided as real-time feeds, and datasets updated on a regular basis (e.g.,

monthly, quarterly, annually, one-time)

xvii. What type of third-party assessment (such as a SOC 2 Type II audit) is

performed, the nature of the assessment (e.g., the trust principles and scope

of assessment), and whether the results of the assessment pertinent to the

State will be shared with the State. See also Section 3.9.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 76 of 146

xviii. Offeror shall describe its security model and procedures supporting

handling of State data. If more than one level of service is offered, the

Offeror shall describe such services. Include, at a minimum:

1. procedures for and requirements for hiring staff (such as background

checks),

2. any non-disclosure agreement Contractor Personnel sign,

3. Certifications such as FedRAMP,

4. Third party security auditing, including FISMA,

5. Published Security Incident reporting policy, and

6. Cybersecurity insurance, if any, maintained.

G. Experience and Qualifications of Proposed Staff (Submit under TAB F)

1. Include individual resumes for Key Personnel, including Key Personnel for any

proposed subcontractor(s), who are to be assigned to the project if the Offeror is

awarded the Contract. Each resume should include the amount of experience the

individual has had relative to the Scope of Work set forth in this solicitation.

2. Include letters of intended commitment to work on the project, including letters from

any proposed subcontractor(s). Offerors should be aware of restrictions on substitution

of Key Personnel prior to RFP award (see Substitution Prior to and Within 30 Days

After Contract Execution in Section 3.11.5).

3. Provide an Organizational Chart outlining Personnel and their related duties. The

Offeror shall include job titles and the percentage of time each individual will spend on

his/her assigned tasks. Offerors using job titles other than those commonly used by

industry standards must provide a crosswalk reference document.

H. Offeror Qualifications and Capabilities (Submit under TAB G)

The Offeror shall include information on past experience with similar projects and services

including information in support of the Offeror Experience criteria in Section 3.10.1. The

Offeror shall describe how its organization can meet the requirements of this RFP and shall

also include the following information:

1) The number of years the Offeror has provided the similar goods and services

2) The number of clients/customers and geographic locations that the Offeror currently

serves

3) The names and titles of headquarters or regional management personnel who may be

involved with supervising the services to be performed under the Contract

4) The Offeror’s process for resolving billing errors; and

5) An organizational chart that identifies the complete structure of the Offeror including

any parent company, headquarters, regional offices, and subsidiaries of the Offeror.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 77 of 146

I. References (Submit under TAB H)

At least three (3) references are requested from customers who are capable of documenting the

Offeror’s ability to provide the goods and services specified in this RFP. References used to

meet any Minimum Qualifications (see RFP Section 1) may be used to meet this request. Each

reference shall be from a client for whom the Offeror has provided goods and services within

the past five (5) years and shall include the following information:

1) Name of client organization

2) Name, title, telephone number, and e-mail address, if available, of point of contact for

client organization; and

3) Value, type, duration, and description of goods and services provided.

The Department reserves the right to request additional references or utilize references not

provided by the Offeror. Points of contact must be accessible and knowledgeable regarding

Offeror performance.

J. List of Current or Prior State Contracts (Submit under TAB I)

Provide a list of all contracts with any entity of the State of Maryland for which the Offeror is

currently performing goods and services or for which services have been completed within the

last five (5) years. For each identified contract, the Offeror is to provide:

1) The State contracting entity

2) A brief description of the goods and services provided

3) The dollar value of the contract

4) The term of the contract

5) The State employee contact person (name, title, telephone number, and, if possible, e-

mail address); and

6) Whether the contract was terminated before the end of the term specified in the original

contract, including whether any available renewal option was not exercised.

Information obtained regarding the Offeror’s level of performance on State contracts will be

used by the Procurement Officer to determine the responsibility of the Offeror and considered

as part of the experience and past performance evaluation criteria of the RFP.

K. Financial Capability (Submit under TAB J)

The Offeror must include in its Proposal a commonly accepted method to prove its fiscal

integrity. If available, the Offeror shall include Financial Statements, preferably a Profit and

Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited

preferred).

In addition, the Offeror may supplement its response to this Section by including one or more

of the following with its response:

1) Dun & Bradstreet Rating

2) Standard and Poor’s Rating

3) Lines of credit

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 78 of 146

4) Evidence of a successful financial track record; and

5) Evidence of adequate working capital.

L. Certificate of Insurance (Submit under TAB K)

The Offeror shall provide a copy of its current certificate of insurance showing the types and

limits of insurance in effect as of the Proposal submission date. The current insurance types

and limits do not have to be the same as described in Section 3.6. See Section 3.6 for the

required insurance certificate submission for the apparent awardee.

M. Subcontractors (Submit under TAB L)

The Offeror shall provide a complete list of all subcontractors that will work on the Contract if

the Offeror receives an award, including those utilized in meeting the MBE and VSBE

subcontracting goal(s), if applicable. This list shall include a full description of the duties each

subcontractor will perform and why/how each subcontractor was deemed the most qualified

for this project. If applicable, subcontractors utilized in meeting the established MBE or VSBE

participation goal(s) for this solicitation shall be identified as provided in the appropriate

attachment(s) of this RFP.

N. Legal Action Summary (Submit under TAB M)

This summary shall include:

1) A statement as to whether there are any outstanding legal actions or potential claims

against the Offeror and a brief description of any action

2) A brief description of any settled or closed legal actions or claims against the Offeror

over the past five (5) years

3) A description of any judgments against the Offeror within the past five (5) years,

including the court, case name, complaint number, and a brief description of the final

ruling or determination; and

4) In instances where litigation is ongoing and the Offeror has been directed not to

disclose information by the court, provide the name of the judge and location of the

court.

O. Economic Benefit Factors (Submit under TAB N)

1) The Offeror shall submit with its Proposal a narrative describing benefits that will

accrue to the Maryland economy as a direct or indirect result of its performance of the

Contract. Proposals will be evaluated to assess the benefit to Maryland’s economy

specifically offered. The economic benefit offered should be consistent with the

Offeror’s Total Proposal Price from Attachment B-1, the Financial Proposal Form. See

COMAR 21.05.03.03A (3).

2) Proposals that identify specific benefits as being contractually enforceable

commitments will be rated more favorably than Proposals that do not identify specific

benefits as contractual commitments, all other factors being equal.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 79 of 146

3) Offerors shall identify any performance guarantees that will be enforceable by the State

if the full level of promised benefit is not achieved during the Contract term.

4) As applicable, for the full duration of the Contract, including any renewal period, or

until the commitment is satisfied, the Contractor shall provide to the Procurement

Officer or other designated agency personnel reports of the actual attainment of each

benefit listed in response to this section. These benefit attainment reports shall be

provided quarterly, unless elsewhere in these specifications a different reporting

frequency is stated.

5) In responding to this section, the following do not generally constitute economic

benefits to be derived from the Contract:

a) generic statements that the State will benefit from the Offeror’s superior

performance under the Contract

b) descriptions of the number of Offeror employees located in Maryland other than

those that will be performing work under the Contract; or

c) tax revenues from Maryland-based employees or locations, other than those that

will be performing, or used to perform, work under the Contract.

6) Discussion of Maryland-based employees or locations may be appropriate if the Offeror

makes some projection or guarantee of increased or retained presence based upon being

awarded the Contract.

7) Examples of economic benefits to be derived from a contract may include any of the

following. For each factor identified below, identify the specific benefit and contractual

commitments, and provide a breakdown of expenditures in that category:

a) The Contract dollars to be recycled into Maryland’s economy in support of the

Contract, through the use of Maryland subcontractors, suppliers and joint

venture partners. Do not include actual fees or rates paid to subcontractors

or information from your Financial Proposal

b) The number and types of jobs for Maryland residents resulting from the

Contract. Indicate job classifications, number of employees in each

classification and the aggregate payroll to which the Offeror has committed,

including contractual commitments at both prime and, if applicable, subcontract

levels; and whether Maryland employees working at least 30 hours per week and

are employed at least 120 days during a 12-month period will receive paid leave.

If no new positions or subcontracts are anticipated as a result of the Contract, so

state explicitly

c) Tax revenues to be generated for Maryland and its political subdivisions as a

result of the Contract. Indicate tax category (sales taxes, payroll taxes, inventory

taxes and estimated personal income taxes for new employees). Provide a

forecast of the total tax revenues resulting from the Contract

d) Subcontract dollars committed to Maryland small businesses and MBEs; and

e) Other benefits to the Maryland economy which the Offeror promises will result

from awarding the Contract to the Offeror, including contractual commitments.

Describe the benefit, its value to the Maryland economy, and how it will result

from, or because of the Contract award. Offerors may commit to benefits that

are not directly attributable to the Contract, but for which the Contract award

may serve as a catalyst or impetus.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 80 of 146

P. Technical Proposal - Required Forms and Certifications (Submit under TAB O)

1. All forms required for the Technical Proposal are identified in Table 1 of Section 7 –

RFP Attachments and Appendices. Unless directed otherwise by instructions within an

individual form, complete, sign, and include all required forms in the Technical Proposal,

under TAB O.

2. Offerors shall furnish any and all agreements and terms and conditions the Offeror

expects the State to sign or to be subject to in connection with or in order to use the

Offeror’s services under this Contract. This includes physical copies of all agreements

referenced and incorporated in primary documents, including but not limited to any

software licensing agreement for any software proposed to be licensed to the State under

this Contract (e.g., EULA, Enterprise License Agreements, Professional Service

agreement, Master Agreement) and any AUP. The State does not agree to terms and

conditions not provided in an Offeror’s Technical Proposal and no action of the State,

including but not limited to the use of any such software, shall be deemed to constitute

acceptance of any such terms and conditions. Failure to comply with this section renders

any such agreement unenforceable against the State.

3. For each service, hardware or software proposed as furnished by a third-party entity,

Offeror must identify the third-party provider and provide a letter of authorization or such

other documentation demonstrating the authorization for such services. In the case of an

open-source license, authorization for the open source shall demonstrate compliance with

the open-source license.

4. A Letter of Authorization shall be on letterhead or through the provider’s e-mail. Further,

each Letter of Authorization shall be less than twelve (12) months old and must provide

the following information:

i) Third-party POC name and alternate for verification

ii) Third-party POC mailing address

iii) Third-party POC telephone number

iv) Third-party POC email address

v) If available, a Re-Seller Identifier

5.13 Volume II – Financial Proposal

The Financial Proposal shall contain all price information in the format specified in Attachment B. The

Offeror shall complete the Financial Proposal Form only as provided in the Financial Proposal

Instructions and the Financial Proposal Form itself. Do not amend, alter, or leave blank any items on the

Financial Proposal Form or include additional clarifying or contingent language on or attached to the

Financial Proposal Form. Failure to adhere to any of these instructions may result in the Proposal being

determined to be not reasonably susceptible of being selected for award and rejected by the Department.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 81 of 146

6 Evaluation and Selection Process

6.1 Evaluation Committee

Evaluation of Proposals will be performed in accordance with COMAR 21.05.03 by a committee

established for that purpose and based on the evaluation criteria set forth below. The Evaluation

Committee will review Proposals, participate in Offeror oral presentations and discussions, and provide

input to the Procurement Officer. The Department reserves the right to utilize the services of individuals

outside of the established Evaluation Committee for advice and assistance, as deemed appropriate.

During the evaluation process, the Procurement Officer may determine at any time that a particular

Offeror is not susceptible for award.

6.2 Technical Proposal Evaluation Criteria

The State prefers the Offeror’s Technical Proposal to illustrate a comprehensive understanding of work

requirements and mastery of the subject matter, including an explanation of how the work will be

performed. Proposals which include limited responses to work requirements such as “concur” or “will

comply” will receive a lower ranking than those Proposals that demonstrate similar past experience and

an understanding of the work requirements and include plans to meet or exceed them.

The criteria to be used to evaluate each Technical Proposal are listed below in descending order of

importance. Unless stated otherwise, any sub-criteria within each criterion have equal weight.

6.2.1 Offeror’s Technical Response to Requirements and Work Plan (See RFP § 5.3.2.F)

Offeror’s Technical Response to Requirements and Work Plan, including but not limited to the following:

1. The proposed solution’s ability to meet and exceed the requirements listed in the RFP and

Appendix 4 to meet the objectives stated in the RFP

2. technical capabilities of the solution, including any inherent risk;

3. Implementation plan, including strategy and timeline

4. Service Level Agreement.

5. Offeror Experience Capabilities and Qualifications (See RFP § 5.3.2.H)

6.2.2 Offeror Qualifications and Capabilities, including proposed subcontractors and proposed

staff (See RFP § 5.3.2.G)

6.2.3 Economic Benefit to State of Maryland (See RFP § 5.3.2.O)

6.2.4 References submitted (See RFP § 5.3.2.I), past performance with state contracts (See RFP §

5.3.2.J) and any information obtained publicly or privately by MDH in connection with the

Offeror.

6.3 Financial Proposal Evaluation Criteria

ALL Qualified Offerors (see Section 6.5.2.D) will be ranked from the lowest (most advantageous) to the

highest (least advantageous) price based on the Total Evaluated Proposal Price within the stated

guidelines set forth in this RFP as submitted on Attachment B-1 - Financial Proposal Form.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 82 of 146

6.3.1 Financial Proposal – LABOR RATES Evaluation Criteria

Labor rates amounts shall be fully burdened Labor rates (Loaded Labor Rate must include the Laborers

hourly rate plus employee benefits, capital expenses, and other overhead.) No overtime amounts will

be paid. Although rates may not be the most important factor pertaining to the RFP, they are very

important to the Maryland Department of Health. Offerors should refer to Appendix 5 - Labor Categories

within the RFP for minimum education and experience requirements for each Labor Category.

Labor Rates must be submitted on Attachment B-Tab labeled "LABOR RATES" ONLY. Labor Rates are

not a part the Total Evaluated Proposed Price for this solicitation. Unless stated otherwise in the RFP,

MDH does not guarantee a minimum or maximum number of Labor Hours in the performance of the

Contract.

A. Market Review

MDH reserves the right to ensure that Offeror’s pricing is competitive as

compared to, market pricing in the industry and the pricing of other Offerors.

MDH will be utilizing the GSA Federal Acquisition Service Website located at

https://calc.gsa.gov/?q=senior%20systems%20engineer%2C%20%7C to review

market rates for each and/or closest matching labor category meeting the

minimum education and experience requirements as stated in Appendix 5.

B. Evaluated Proposed Labor Rate(s) Criteria

MDH will use the following formula to EVALUATE Labor Rates –Sum of

Hourly Labor Rates (LR) Per Year (5 base years+2 option years) = Overall

Total Average Labor Rate for 1-7 Years (Example: Yr. 1- $275.00/hr., Yr. 2-

395.00/hr., and Yr. 3- $200.00/hr. = Overall Total Evaluated Average Labor

Rate of $290.00/hr.)

ALL Qualified Offerors (see Section 6.5.2.D) will be ranked from the lowest (most

advantageous) to the highest (least advantageous) price based on the criteria listed in the

above guidelines set forth in this RFP as submitted on Attachment B - Financial Proposal

Form.

Sample Evaluation

Name of

Offeror(s)

Evaluated Labor Rates

Ranking

Offeror 1

1 – (Lowest Overall Total Average Labor Rate)

Offeror 2

2 – (2nd Lowest Overall Total Average Labor

Rate)

6.4 Reciprocal Preference

6.4.1 Although Maryland law does not authorize procuring agencies to favor resident Offerors in

awarding procurement contracts, many other states do grant their resident businesses preferences

over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a

reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Offeror

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 83 of 146

B. The most advantageous Proposal is from a responsible Offeror whose principal

office, or principal base of operations is in another state

C. The other state gives a preference to its resident businesses through law, policy,

or practice; and

D. The preference does not conflict with a federal law or grant affecting the

procurement Contract.

6.4.2 The preference given shall be identical to the preference that the other state, through law, policy,

or practice gives to its resident businesses.

6.5 Selection Procedures

6.5.1 General

A. The Contract will be awarded in accordance with the Competitive Sealed

Proposals (CSP) method found at COMAR 21.05.03. The CSP method allows

for the conducting of discussions and the revision of Proposals during these

discussions. Therefore, the State may conduct discussions with all Offerors that

have submitted Proposals that are determined to be reasonably susceptible of

being selected for contract award or potentially so. However, the State reserves

the right to make an award without holding discussions.

B. With or without discussions, the State may determine the Offeror to be not

responsible or the Offeror’s Proposal to be not reasonably susceptible of being

selected for award at any time after the initial closing date for receipt of

Proposals and prior to Contract award.

6.5.2 Selection Process Sequence

A. A determination is made that the MDOT Certified MBE Utilization and Fair

Solicitation Affidavit (Attachment D-1A) is included and is properly

completed if there is an MBE goal. In addition, a determination is made that the

VSBE Utilization Affidavit and subcontractor Participation Schedule

(Attachment E-1) is included and is properly completed, if there is a VSBE

goal.

B. Technical Proposals are evaluated for technical merit and ranked. During this

review, oral presentations and discussions may be held. The purpose of such

discussions will be to assure a full understanding of the State’s requirements

and the Offeror’s ability to perform the services, as well as to facilitate arrival

at a Contract that is most advantageous to the State. Offerors will be contacted

by the State as soon as any discussions are scheduled.

C. Offerors must confirm in writing any substantive oral clarifications of, or

changes in, their Technical Proposals made in the course of discussions. Any

such written clarifications or changes then become part of the Offeror’s

Technical Proposal. Technical Proposals are given a final review and ranked.

D. The Financial Proposal of each Qualified Offeror (a responsible Offeror

determined to have submitted an acceptable Proposal) will be evaluated and

ranked separately from the technical evaluation. After a review of the Financial

Proposals of Qualified Offerors, the Evaluation Committee or Procurement

Officer may again conduct discussions to further evaluate the Offeror’s entire

Proposal.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 84 of 146

E. When in the best interest of the State, the Procurement Officer may permit

Qualified Offerors to revise their initial Proposals and submit, in writing, Best

and Final Offers (BAFOs). The State may make an award without issuing a

request for a BAFO.

6.5.3 Award Determination

Upon completion of the Technical Proposal and Financial Proposal evaluations and rankings, each

Offeror will receive an overall ranking. The Procurement Officer will recommend award of the Contract

to the responsible Offeror that submitted the Proposal determined to be the most advantageous to the

State. In making this most advantageous Proposal determination, technical factors will receive greater

weight than financial factors.

6.6 Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall

complete and furnish the documents and attestations as directed in Table 1 of Section 7 – RFP

Attachments and Appendices.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 85 of 146

7 RFP ATTACHMENTS AND APPENDICES

Instructions Page

A Proposal submitted by the Offeror must be accompanied by the completed forms and/or affidavits

identified as “with Proposal” in the “When to Submit” column in Table 1 below. All forms and

affidavits applicable to this RFP, including any applicable instructions and/or terms, are identified in the

“Applies” and “Label” columns in Table 1.

For documents required as part of the Proposal:

1. For e-mail submissions, submit one (1) copy of each with signatures.

2. For paper submissions, submit two (2) copies of each with original signatures. All signatures

must be clearly visible.

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful

Offeror will be required to complete certain forms and affidavits after notification of recommended

award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When

to Submit” column.

For documents required after award, submit three (3) copies of each document within the appropriate

number of days after notification of recommended award, as listed in Table 1 below in the “When to

Submit” column.

Table 1: RFP ATTACHMENTS AND APPENDICES

Applies?

When to Submit

Label

Attachment Name

Before Proposal

Pre-Proposal Conference Response Form

With Financial Proposal

- Volume II

Financial Proposal Instructions and Form

With Technical Proposal

- Volume I

Bid/Proposal Affidavit (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/AttachmentC-

Bid_Proposal-Affidavit.pdf)

N/A

MBE Forms D-1A (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/AttachmentDMBE-

Forms-1.pdf)

IMPORTANT: If this RFP contains different

Functional Areas or Service Categories. A separate

Attachment D-1A is to be submitted for each Functional

Area or Service Category where there is a MBE goal.

N/A

MBE Forms D-1B, D-1C,D-2, D-3A, D-3B (see link at

http://procurement.maryland.gov/wp-

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 86 of 146

Applies?

When to Submit

Label

Attachment Name

content/uploads/sites/12/2018/05/AttachmentDMBE-

Forms-1.pdf)

Important: Attachment D-1C, if a waiver has been

requested, is also required within 10 days of

recommended award.

N/A

MBE Forms D-4A, D-4B, D-5 (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/AttachmentDMBE-

Forms-1.pdf)

N/A

Veteran-Owned Small Business Enterprise (VSBE)

Form E-1A (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/AttachmentE-

VSBEForms.pdf)

IMPORTANT: If this RFP contains different

Functional Areas or Service Categories. A separate

Attachment E-1A is to be submitted for each Functional

Area or Service Category where there is a VSBE goal.

N/A

VSBE Forms E-1B, E-2, E-3 (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/AttachmentE-

VSBEForms.pdf)

Important: Attachment E-1B, if a waiver has been

requested, is also required within 10 days of

recommended award.

With Technical Proposal

- Volume I

Maryland Living Wage Requirements for Service

Contracts and Affidavit of Agreement (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/AttachmentF-

LivingWageAffidavit.pdf)

N/A

Federal Funds Attachments (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/AttachmentG-

FederalFundsAttachment.pdf)

With Technical Proposal

- Volume I

Conflict of Interest Affidavit and Disclosure (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/AttachmentH-Conflict-

of-InterestAffidavit.pdf)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 87 of 146

5 Business Days after

recommended award –

However, suggested

with Proposal

Non-Disclosure Agreement (Contractor) (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Attachment-I-Non-

DisclosureAgreementContractor.pdf)

5 Business Days after

recommended award –

However, suggested

with Proposal

HIPAA Business Associate Agreement (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Attachment-J-

HIPAABusinessAssociateAgreement.pdf)

N/A

Mercury Affidavit (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Attachment-K-

MercuryAffidavit.pdf)

With Technical Proposal

- Volume I

Location of the Performance of Services Disclosure (see

link at http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Attachment-L-

PerformanceofServicesDisclosure.pdf)

5 Business Days after

recommended award

Sample Contract (included in this RFP)

5 Business Days after

recommended award

Contract Affidavit (see link at

https://procurement.maryland.gov/wp-

content/uploads/sites/12/2020/03/Attachment-N-

Affidavit.pdf)

5 Business Days after

recommended award

DHS Hiring Agreement (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Attachment-O-

DHSHiringAgreement.pdf)

Appendices

Applies?

When to Submit

Label

Attachment Name

N/A

Abbreviations and Definitions (included in this RFP)

With Technical Proposal

- Volume I

Offeror Information Sheet (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/04/Appendix2-

Bidder_OfferorInformationSheet.pdf)

Before Proposal, as

directed in the RFP.

Non-Disclosure Agreement (Offeror) (see link at

http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/Appendix-3-Non-

Disclosure-Agreement-Offeror-1.dotx)

With Technical Proposal

- Volume I

Functional and Business Requirements tab titled

Training Requirements.

N/A

Labor Categories

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 88 of 146

With Technical Proposal

- Volume I

Labor Classification Personnel Resume Summary (See

link at http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/Appendix-xx-Labor-

Resume-Form.dotx)

10 Business Days after

recommended award

PEP; 1 copy

With deliverables

Deliverable Product Acceptance Form (DPAF) (see

online at

http://doit.maryland.gov/contracts/Documents/_pro

curementForms/DeliverableProductAcceptanceFor

m-DPAFsample.pdf

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 89 of 146

Attachment A. Pre-Proposal Conference Response Form

Solicitation Number OCMP-22-18251

Electronic Health Records (EHR) Software as a Service (SaaS)

A Pre-Proposal conference will be held on July 29, 2022, at 11:00 am EST Local Time via Web

conference.

Please return this form by July 28, 2022, 2:00 EST Local Time advising whether or not your firm plans to

attend. The completed form should be returned via e-mail to the Procurement Officer at the contact

information below:

Sherida Studwood

MDH

E-mail: [email protected]

Please indicate:

Yes, the following representatives will be in attendance.

Attendees (Full Name/Organization/Email Address/Firm/Phone Number/MBE Yes

or No)

No, we will not be in attendance.

Please specify whether any reasonable accommodations are requested (see RFP § 4.1“Pre-Proposal

conference”):

Offeror:

Offeror Name (please print or type)

By:

Signature/Seal

Printed Name:

Printed Name

Title:

Title

Date:

Date

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 90 of 146

Attachment B. Financial Proposal Instructions & Form

B-1 Financial Proposal Instructions

In order to assist Offerors in the preparation of their Financial Proposal and to comply with the

requirements of this solicitation, Financial Proposal Instructions and a Financial Proposal Form have been

prepared. Offerors shall submit their Financial Proposal on the Financial Proposal Form in accordance

with the instructions on the Financial Proposal Form and as specified herein. Do not alter the Financial

Proposal Form or the Proposal may be determined to be not reasonably susceptible of being selected for

award. The Financial Proposal Form is to be signed and dated, where requested, by an individual who is

authorized to bind the Offeror to the prices entered on the Financial Proposal Form.

The Financial Proposal Form is used to calculate the Offeror’s TOTAL Proposal PRICE. Follow

these instructions carefully when completing your Financial Proposal Form:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make

your decimal points clear and distinct.

B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service

identified in this RFP and may not be contingent on any other factor or condition in any manner.

C) All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35.

D) Any goods or services required through this RFP and proposed by the vendor at No Cost to the

State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E) Every blank in every Financial Proposal Form shall be filled in. Any changes or corrections made

to the Financial Proposal Form by the Offeror prior to submission shall be initialed and dated.

F) Except as instructed on the Financial Proposal Form, nothing shall be entered on or attached to

the Financial Proposal Form that alters or proposes conditions or contingencies on the prices. Alterations

and/or conditions may render the Proposal not reasonably susceptible of being selected for award.

G) It is imperative that the prices included on the Financial Proposal Form have been entered

correctly and calculated accurately by the Offeror and that the respective total prices agree with the

entries on the Financial Proposal Form. Any incorrect entries or inaccurate calculations by the Offeror

will be treated as provided in COMAR 21.05.03.03.F and may cause the Proposal to be rejected.

H) If option years are included, Offerors must submit pricing for each option year. Any option to

renew will be exercised at the sole discretion of the State and comply with all terms and conditions in

force at the time the option is exercised. If exercised, the option period shall be for a period identified in

the RFP at the prices entered in the Financial Proposal Form.

I) All Financial Proposal prices (including Labor Rates) entered below are to be fully loaded prices

that include all costs/expenses associated with the provision of services as required by the RFP. The

Financial Proposal price shall include, but is not limited to, all: labor, profit/overhead, general operating,

administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation.

No other amounts will be paid to the Contractor. Note:

J) Unless stated otherwise in the RFP, MDH does not guarantee a minimum or maximum number of

units or usage in the performance of the Contract.

K) Failure to adhere to any of these instructions may result in the Proposal being determined not

reasonably susceptible of being selected for award.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 91 of 146

B-1 Financial Proposal Form

The Financial Proposal Form shall contain all price information in the format specified on these pages.

Complete the Financial Proposal Form only as provided in the Financial Proposal Instructions. Do not

amend, alter or leave blank any items on the Financial Proposal Form. If option years are included,

Offerors must submit pricing for each option year. Failure to adhere to any of these instructions may

result in the Proposal being determined not reasonably susceptible of being selected for award.

See separate Excel Financial Proposal Form labeled, “Attachment B-1 - MDH EHR Pricing

Sheet”.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 92 of 146

Attachment C. Proposal Affidavit

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-

Bid_Proposal-Affidavit.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 93 of 146

Attachment D. Minority Business Enterprise (MBE) Forms

This solicitation does not include a Minority Business Enterprise (MBE) subcontractor participation goal.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 94 of 146

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

This solicitation does not include a Veteran-Owned Small Business Enterprise goal.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 95 of 146

Attachment F. Maryland Living Wage Affidavit of Agreement for

Service Contracts

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF-

LivingWageAffidavit.pdf to complete the Affidavit.

A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and

Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and

Industry (Commissioner). The Living Wage generally applies to a Contractor or subcontractor

who performs work on a State contract for services that is valued at $100,000 or more. An

employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the

duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at

least one-half of the employee’s time during any work week on the State Contract.

B. The Living Wage Law does not apply to:

(1) A Contractor who:

(a) Has a State contract for services valued at less than $100,000, or

(b) Employs 10 or fewer employees and has a State contract for services valued at less

than $500,000.

(2) A subcontractor who:

(a) Performs work on a State contract for services valued at less than $100,000,

(b) Employs 10 or fewer employees and performs work on a State contract for services

valued at less than $500,000, or

B(1)(b) above, or B (3) or C below.

(3) Service contracts for the following:

(a) Services with a Public Service Company

(b) Services with a nonprofit organization

government and is authorized by law to enter into a procurement (“Unit”); or

(d) Services between a Unit and a County or Baltimore City.

C. If the Unit responsible for the State contract for services determines that application of the Living

Wage would conflict with any applicable Federal program, the Living Wage does not apply to the

contract or program.

D. A Contractor must not split or subdivide a State contract for services, pay an employee through a

third party, or treat an employee as an independent Contractor or assign work to employees to

avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement

Article, Title 18.

E. Each Contractor/subcontractor, subject to the Living Wage Law, shall post in a prominent and

easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates,

employee rights under the law, and the name, address, and telephone number of the Commissioner.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 96 of 146

F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any,

in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan

area, or any successor index, for the previous calendar year, not later than 90 days after the start

of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the

Division of Labor and Industry’s website. An employer subject to the Living Wage Law must

comply with the rate requirements during the initial term of the contract and all subsequent renewal

periods, including any increases in the wage rate, required by the Commissioner, automatically

upon the effective date of the revised wage rate.

G. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s

share of the health insurance premium, as provided in Md. Code Ann., State Finance and

Procurement Article, §18-103(c), shall not lower an employee’s wage rate below the minimum

wage as set in Md. Code Ann., Labor and Employment Article, §3-413. A

Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s

share of health insurance premium shall comply with any record reporting requirements

established by the Commissioner.

H. A Contractor/subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance

and Procurement Article, §18-103(a), by no more than 50 cents of the hourly cost of the

employer’s contribution to an employee’s deferred compensation plan. A

Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s

contribution to an employee’s deferred compensation plan shall not lower the employee’s wage

rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413.

I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner

determines that the Contractor/subcontractor violated a provision of this title or regulations of the

Commissioner, the Contractor/subcontractor shall pay restitution to each affected employee, and

the State may assess liquidated damages of $20 per day for each employee paid less than the

Living Wage.

J. Information pertaining to reporting obligations may be found by going to the Division of Labor

and Industry website http://www.dllr.state.md.us/labor/prev/livingwage.shmtl and clicking on

Living Wage for State Service Contracts.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 97 of 146

Attachment G. Federal Funds Attachments

This solicitation does not include a Federal Funds Attachment.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 98 of 146

Attachment H. Conflict of Interest Affidavit and Disclosure

See link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentH-

Conflict-of-InterestAffidavit.pdf

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 99 of 146

Attachment I. Non-Disclosure Agreement (Contractor)

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-I-Non-

DisclosureAgreementContractor.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 100 of 146

Attachment J. HIPAA Business Associate Agreement

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-J-

HIPAABusinessAssociateAgreement.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 101 of 146

Attachment K. Mercury Affidavit

This solicitation does not include the procurement of products known to include mercury as a component.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 102 of 146

Attachment L. Location of the Performance of Services Disclosure

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-L-

PerformanceofServicesDisclosure.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 103 of 146

Attachment M. Contract

Maryland Department of Health (MDH)

“Electronic Health Records (EHR) Software as a Service (SaaS)”

OCMP-22-18251

THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 20___ by and between

________________ (the “Contractor”) and the STATE OF MARYLAND, acting through the Maryland

Department of Health (“MDH” or the “Department”).

In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of

which are hereby acknowledged by the parties, the parties agree as follows:

1. Definitions

In this Contract, the following words have the meanings indicated:

1.1 “COMAR” means Code of Maryland Regulations.

1.2 “Contractor” means the entity first named above whose principal business address is (Contractor’s

primary address) and whose principal office in Maryland is (Contractor’s local address), whose

Federal Employer Identification Number or Social Security Number is (Contractor’s FEIN), and

whose eMaryland Marketplace Advantage vendor ID number is BPM030665.

1.3 “Financial Proposal” means the Contractor’s [pick one: Financial Proposal or Best and Final Offer

(BAFO)] dated _________(Financial Proposal date or BAFO date).

1.4 “Future Activities” – Future activities refers to potential tasks not currently identified that fall

under the Scope of Work outlined in the RFP.

1.5 “Future Work” - Future work refer to Work Orders to be utilized in support of the SOW detailed

in this RFP that cannot be wholly identified prior to the award of this Contract.

1.6 Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR

21.01.02.01B (54) which is certified by the Maryland Department of Transportation under COMAR

21.11.03.

1.7 “RFP” means the Request for Proposals for Electronic Health Records (EHR) Software as a Service

(SaaS), Solicitation # OCMP-22-18251, and any amendments, addenda, and attachments thereto

issued in writing by the State.

1.8 “State” means the State of Maryland.

1.9 “Technical Proposal” means the Contractor’s Technical Proposal dated. ____________ (Technical

Proposal date), as modified and supplemented by the Contractor’s responses to requests

clarifications and requests for cure, and by any Best and Final Offer.

1.10 “Veteran-owned Small Business Enterprise” (VSBE) means A business that is verified by the

Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs

as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

1.11 Capitalized terms not defined herein shall be ascribed the meaning given to them in the RFP.

2. Scope of Contract

2.1 The Contractor shall perform in accordance with this Contract and Exhibits A-D, which are listed

below and incorporated herein by reference. If there is any conflict between this Contract and the

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 104 of 146

Exhibits, the terms of the Contract shall control. If there is any conflict among the Exhibits, the

following order of precedence shall determine the prevailing provision:

Exhibit A – The RFP

Exhibit B – The Contract Affidavit, executed by the Contractor and dated (date of

Attachment C)

Exhibit C – The Technical Proposal

Exhibit D – The Financial Proposal – Attachment B and Labor Categories Rates

2.2 The Procurement Officer may, at any time, by written order, make unilateral changes in the work

within the general scope of the Contract. No other order, statement, or conduct of the Procurement

Officer or any other person shall be treated as a change or entitle the Contractor to an equitable

adjustment under this section. Except as otherwise provided in this Contract, if any change under

this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the

performance of any part of the work, whether or not changed by the order, an equitable adjustment

in the Contract price shall be made and the Contract modified in writing accordingly. The

Contractor must assert in writing its right to an adjustment under this section within thirty (30) days

of receipt of written change order and shall include a written statement setting forth the nature and

cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under

this Contract. Failure to agree to an adjustment under this section shall be a dispute under the

Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the

Contract as changed.

2.3 Without limiting the rights of the Procurement Officer under Section 2.2 above, the Contract may

be modified by mutual agreement of the parties, provided: (a) the modification is made in writing;

(b) all parties sign the modification; and (c) all approvals by the required agencies as described in

COMAR Title 21, are obtained.

3. Period of Performance

3.1 The term of this Contract begins on the date the Contract is signed by the Department following

any required prior approvals, including approval by the Board of Public Works if such approval is

required (the “Effective Date”) and shall continue until Five (5) year base period (“Initial Term”).

3.2 In its sole discretion, the Department shall have the unilateral right to extend the Contract for Two

(2), successive Twelve (12) Month renewal options (each a “Renewal Term”) at the prices

established in the Contract. “Term” means the Initial Term and any Renewal Term(s).

3.3. The Contractor’s performance under the Contract shall commence as of the date provided in a

written NTP.

3.4 The Contractor’s obligation to pay invoices to subcontractors providing products/services in

connection with this Contract, as well as the audit; confidentiality; document retention; patents,

copyrights & intellectual property; warranty; indemnification obligations; and limitations of

liability under this Contract; and any other obligations specifically identified, shall survive

expiration or termination of the Contract.

4. Consideration and Payment

4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the

Department shall pay the Contractor in accordance with the terms of this Contract and at the prices

quoted in the Financial Proposal. Unless properly modified (see above Section 2), payment to the

Contractor pursuant to this Contract, including the Initial Term and any Renewal Term, shall not

exceed the Contracted amount.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 105 of 146

For Labor Contracts, IDIQ Contracts, or Contracts which include either or both a time and materials

or IDIQ element(s), total payments to the Contractor pursuant to this Contract for the time and

materials and IDIQ portion(s) may not exceed $_________________ (the “NTE Amount”), which

includes $_______________ for the Initial Term and $_____________ for the Renewal Term(s).

Contractor shall notify the Contract Monitor, in writing, at least sixty (60) days before payments

reach the NTE Amount. After notification by the Contractor, if the State fails to increase the

Contract amount, the Contractor shall have no obligation to perform under this Contract after

payments reach the stated amount; provided, however, that, prior to the stated amount being

reached, the Contractor shall: (a) promptly consult and work in good faith with the Department to

establish a plan of action to assure that every reasonable effort is undertaken by the Contractor to

complete State-defined critical work in progress prior to the date the NTE Amount will be reached;

and (b) when applicable secure databases, systems, platforms, and applications on which the

Contractor is working in an industry standard manner so as to prevent damage or vulnerabilities to

any of the same due to the existence of any such unfinished work.

4.2 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments

to the Contractor pursuant to this Contract shall be made no later than 30 days after the Department’s

receipt of a proper invoice from the Contractor as required by RFP section 3.3.

The Contractor may be eligible to receive late payment interest at the rate of 9% per

annum if:

(1) The Contractor submits an invoice for the late payment interest within thirty

days after the date of the State’s payment of the amount on which the interest

accrued; and

(2) A contract claim has not been filed under State Finance and Procurement

Article, Title 15, Subtitle 2, Annotated Code of Maryland.

The State is not liable for interest:

(1) Accruing more than one year after the 31st day after the agency receives the

proper invoice; or

(2) On any amount representing unpaid interest. Charges for late payment of

invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State

Finance and Procurement Article, Annotated Code of Maryland, or by the

Public Service Commission of Maryland with respect to regulated public

utilities, as applicable.

Final payment under this Contract will not be made until after certification is received

from the Comptroller of the State that all taxes have been paid.

Electronic funds transfer shall be used by the State to pay Contractor pursuant to this

Contract and any other State payments due Contractor unless the State

Comptroller’s Office grants Contractor an exemption.

4.3 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.

4.4 Payment of an invoice by the Department is not evidence that services were rendered as required

under this Contract.

5. Rights to Records

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 106 of 146

5.1 The Contractor agrees that all documents and materials including, but not limited to, software,

reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics,

mechanical, artwork, computations, and data prepared by the Contractor for purposes of this

Contract shall be the sole property of the State and shall be available to the State at any time. The

State shall have the right to use the same without restriction and without compensation to the

Contractor other than that specifically provided by this Contract.

5.2 The Contractor always agrees that during the term of this Contract and thereafter, works created as

a Deliverable under this Contract (as defined in Section 7.2), and services performed under 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 under this Contract are not works made for hire

for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights,

title, and interest (including all intellectual property rights) to all such products created under this

Contract, and will cooperate reasonably with the State in effectuating and registering any necessary

assignments.

5.3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or

claim of copyright infringement received by the Contractor with respect to all data delivered under

this Contract.

5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other

materials provided to the State hereunder and if such markings are affixed, the State shall have the

right at any time to modify, remove, obliterate, or ignore such warnings.

5.5 Upon termination or expiration of the Contract, the Contractor, at its own expense, shall deliver any

equipment, software or other property provided by the State to the place designated by the

Procurement Officer.

6. Exclusive Use

6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, information,

documents, records, or results, in whole or in part, in any manner for any purpose whatsoever, that

may be created or generated by the Contractor in connection with this Contract. If any material,

including software, is capable of being copyrighted, the State shall be the copyright owner and

Contractor may copyright material connected with this project only with the express written

approval of the State.

6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub-lease,

assign, give, or otherwise transfer to any third party any other information or material provided to

Contractor by the Department or developed by Contractor relating to the Contract, except as

provided for in Section 8. Confidential or Proprietary Information and Documentation.

7. Patents, Copyrights, and Intellectual Property

7.1. All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing

prior to the Effective Date of this Contract shall belong to the party that owned such rights

immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If any design, device,

material, process, or other item provided by Contractor is covered by a patent or copyright or which

is proprietary to or a trade secret of another, the Contractor shall obtain the necessary permission

or license to permit the State to use such item or items pursuant to its rights granted under the

Contract.

7.2 Except for (1) information created or otherwise owned by the Department or licensed by the

Department from third parties, including all information provided by the Department to Contractor;

(2) materials created by Contractor or its subcontractor(s) specifically for the State under the

Contract (“Deliverables”), except for any Contractor Pre-Existing Intellectual Property included

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 107 of 146

therein; and (3) the license rights granted to the State, all right, title, and interest in the intellectual

property embodied in the solution, including the know-how and methods by which the solution is

provided and the processes that make up the solution, will belong solely and exclusively to

Contractor and its licensors, and the Department will have no rights to the same except as expressly

granted in this Contract. Any SaaS Software developed by Contractor during the performance of

the Contract will belong solely and exclusively to Contractor and its licensors. For all Software

provided by the Contractor under the Contract, Contractor hereby grants to the State a nonexclusive,

irrevocable, unlimited, perpetual, non-cancelable, and non-terminable right to use and make copies

of the Software and any modifications to the Software. For all Contractor Pre-Existing Intellectual

Property embedded in any Deliverables, Contractor grants to the State a license to use such

Contractor Pre-Existing Intellectual Property in connection with its permitted use of such

Deliverable. During the period between delivery of a Deliverable by Contractor and the date of

payment therefor by the State in accordance with this Contract (including throughout the duration

of any payment dispute discussions), subject to the terms and conditions contained herein,

Contractor grants the State a royalty-free, non-exclusive, limited license to use such Deliverable

and to use any Contractor Materials contained therein in accordance with this Contract.

7.3. Subject to the terms of Section 10, Contractor shall defend, indemnify and hold harmless the State

and its agents and employees, from and against any and all claims, costs, losses, damages, liabilities,

judgments and expenses (including without limitation reasonable attorneys’ fees) arising out of or

in connection with any third-party claim that the Contractor-provided products/services infringe,

misappropriate or otherwise violate any third-party intellectual property rights. Contractor shall not

enter into any settlement involving third party claims that contains any admission of or stipulation

to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or

interests, without the State’s prior written consent.

7.4 Without limiting Contractor’s obligations under Section 5.3, if an infringement claim occurs, or if

the State or the Contractor believes such a claim is likely to occur, Contractor (after consultation

with the State and at no cost to the State): (a) shall procure for the State the right to continue using

the allegedly infringing component or service in accordance with its rights under this Contract; or

(b) replace or modify the allegedly infringing component or service so that it becomes non-

infringing and remains compliant with all applicable specifications.

7.5 Except as otherwise provided herein, Contractor shall not acquire any right, title or interest

(including any intellectual property rights subsisting therein) in or to any goods, Software, technical

information, specifications, drawings, records, documentation, data or any other materials

(including any derivative works thereof) provided by the State to the Contractor. Notwithstanding

anything to the contrary herein, the State may, in its sole and absolute discretion, grant the

Contractor a license to such materials, subject to the terms of a separate writing executed by the

Contractor and an authorized representative of the State as well as all required State approvals.

7.6 Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors

shall use any Software or technology in a manner that will cause any patents, copyrights or other

intellectual property which are owned or controlled by the State or any of its affiliates (or for which

the State or any of its subcontractors has received license rights) to become subject to any

encumbrance or terms and conditions of any third party or open source license (including, without

limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical)

(each an “Open Source License”). These restrictions, limitations, exclusions and conditions shall

apply even if the State or any of its subcontractors becomes aware of or fails to act in a manner to

address any violation or failure to comply therewith. No act by the State or any of its subcontractors

that is undertaken under this Contract as to any Software or technology shall be construed as

intending to cause any patents, copyrights or other intellectual property that are owned or controlled

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 108 of 146

by the State (or for which the State has received license rights) to become subject to any

encumbrance or terms and conditions of any open-source license.

7.7 The Contractor shall report to the Department, promptly and in written detail, each notice or claim

of copyright infringement received by the Contractor with respect to all Deliverables delivered

under this Contract.

7.8 The Contractor shall not affix (or permit any third party to affix), without the Department’s consent,

any restrictive markings upon any Deliverables that are owned by the State, and if such markings

are affixed, the Department shall have the right at any time to modify, remove, obliterate, or ignore

such warnings.

8. Confidential or Proprietary Information and Documentation

8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without

limitation, HIPAA, the HI-TECH Act, and the Maryland Medical Records Act and regulations

promulgated pursuant thereto, all confidential or proprietary information and documentation

relating to either party (including without limitation, any information or data stored within the

Contractor’s computer systems or cloud infrastructure, if applicable) shall be held in confidence by

the other party. Each party shall, however, be permitted to disclose, as provided by and consistent

with applicable law, relevant confidential information to its officers, agents, and Contractor

Personnel to the extent that such disclosure is necessary for the performance of their duties under

this Contract. Each officer, agent, and Contractor Personnel to whom any of the State’s confidential

information is to be disclosed shall be advised by Contractor provided that each officer, agent, and

Contractor Personnel to whom any of the State’s confidential information is to be disclosed shall

be advised by Contractor of the obligations hereunder, and bound by, confidentiality at least as

restrictive as those of set forth in this Contract.

8.2 The provisions of this section shall not apply to information that: (a) is lawfully in the public

domain; (b) has been independently developed by the other party without violation of this Contract;

party lawfully in possession thereof and legally permitted to further disclose the information; or (e)

which such party is required to disclose by law.

9. Loss of Data

9.1 In the event of loss of any State data or records where such loss is due to the act or omission of the

Contractor or any of its subcontractors or agents, the Contractor shall be responsible for restoring

or recreating, as applicable, such lost data in the manner and on the schedule set by the Contract

Monitor. The Contractor shall ensure that all data is backed up and recoverable by the Contractor.

At no time shall any Contractor actions (or any failures to act when Contractor has a duty to act)

damage or create any vulnerabilities in data bases, systems, platforms, and applications with which

the Contractor is working hereunder.

9.2 In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss

of non-public data as directed in RFP Section 3.7.

9.3 Protection of data and personal privacy (as further described and defined in RFP Section 3.8) shall

be an integral part of the business activities of the Contractor to ensure there is no inappropriate or

unauthorized use of State information at any time. To this end, the Contractor shall safeguard the

confidentiality, integrity and availability of State information and comply with the conditions

identified in RFP Section 3.7.

10. Indemnification and Notification of Legal Requests

10.1. At its sole cost and expense, Contractor shall (i) indemnify and hold the State, its employees and

agents harmless from and against any and all claims, demands, actions, suits, damages, liabilities,

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 109 of 146

losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and

costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s,

or any of its subcontractors’, performance of this Contract and (ii) cooperate, assist, and consult

with the State in the defense or investigation of any such claim, demand, action or suit. Contractor

shall not enter into any settlement involving third party claims that contains any admission of or

stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s

rights or interests, without the State’s prior written consent.

10.2. The State has no obligation: (i) to provide legal counsel or defense to the Contractor or its

subcontractors in the event that a suit, claim or action of any character is brought against the

Contractor or its subcontractors as a result of or relating to the Contractor’s obligations or

performance under this Contract, or (ii) to pay any judgment or settlement of any such suit, claim

or action. Notwithstanding the foregoing, the Contractor shall promptly notify the Procurement

Officer of any such claims, demands, actions, or suits.

10.3. Notification of Legal Requests. In the event the Contractor receives a subpoena or other validly

issued administrative or judicial process, or any discovery request in connection with any litigation,

requesting State Pre-Existing Intellectual Property, of other information considered to be the

property of the State, including but not limited to State data stored with or otherwise accessible by

the Contractor, the Contractor shall not respond to such subpoena, process or other legal request

without first notifying the State, unless prohibited by law from providing such notice The

Contractor shall promptly notify the State of such receipt providing the State with a reasonable

opportunity to intervene in the proceeding before the time that Contractor is required to comply

with such subpoena, other process or discovery request. .

11. Non-Hiring of Employees

No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, §

5-101, whose duties as such official or employee include matters relating to or affecting the subject

matter of this Contract, shall, during the pendency and term of this Contract and while serving as an

official or employee of the State, become or be an employee of the Contractor or any entity that is a

subcontractor on this Contract.

12. Disputes

This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement

Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending

resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in

accordance with the Procurement Officer’s decision. Unless a lesser period is provided by

applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with

the Procurement Officer within thirty (30) days after the basis for the claim is known or should have

been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of

a notice of claim, but no later than the date of final payment under the Contract, the Contractor must

submit to the Procurement Officer its written claim containing the information specified in COMAR

21.10.04.02.

13. Maryland Law Prevails

13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State of

Maryland.

13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title

22 of the Annotated Code of Maryland) does not apply to this Contract or any purchase order, task

order, or Notice to Proceed issued thereunder, or any software, or any software license acquired

hereunder.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 110 of 146

13.3 Any and all references to the Maryland Code, annotated and contained in this Contract shall be

construed to refer to such Code sections as are from time to time amended.

14. Nondiscrimination in Employment

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for

employment because of race, color, religion, creed, age, sex, sexual orientation, gender

identification, marital status, national origin, ancestry, genetic information, or any otherwise

unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in

nature and extent so as to reasonably preclude the performance of the employment, or the

individual’s refusal to submit to a genetic test or make available the results of a genetic test; (b) to

include a provision similar to that contained in subsection (a), above, in any underlying subcontract

except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause

subcontractors to post in conspicuous places available to employees and applicants for employment,

notices setting forth the substance of this clause.

15. Contingent Fee Prohibition

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or

other entity, other than a bona fide employee or agent working for the Contractor to solicit or secure

the Contract, and that the Contractor has not paid or agreed to pay any person, partnership,

corporation, or other entity, other than a bona fide employee or agent, any fee or any other

consideration contingent on the making of this Contract.

16. Non-Availability of Funding

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for

continued performance for any fiscal period of this Contract succeeding the first fiscal period, this

Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were

not appropriated or otherwise made available; provided, however, that this will not affect either the

State’s or the Contractor’s rights under any termination clause in this Contract. The effect of

termination of the Contract hereunder will be to discharge both the Contractor and the State from

future performance of the Contract, but not from their rights and obligations existing at the time of

termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs

incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon

as it has knowledge that funds may not be available for the continuation of this Contract for each

succeeding fiscal period beyond the first.

17. Termination for Default

If the Contractor fails to fulfill its obligations under this Contract properly and on time, fails to

provide any required annual and renewable bond 30 days prior to expiration of the current bond then

in effect, or otherwise violates any provision of the Contract, the State may terminate the Contract

by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as

cause for termination. All finished or unfinished work provided by the Contractor shall, at the

State’s option, become the State’s property. The State shall pay the Contractor fair and equitable

compensation for satisfactory performance prior to receipt of notice of termination, less the amount

of damages caused by the Contractor’s breach. If the damages are more than the compensation

payable to the Contractor, the Contractor will remain liable after termination and the State can

affirmatively collect damages. Termination hereunder, including the termination of the rights and

obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

18. Termination for Convenience

The performance of work under this Contract may be terminated by the State in accordance with this

clause in whole, or from time to time in part, whenever the State shall determine that such

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 111 of 146

termination is in the best interest of the State. The State will 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 shall not be reimbursed for

any anticipatory profits that have not been earned up to 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).

19. Delays and Extensions of Time

19.1 The Contractor agrees to prosecute the work continuously and diligently and no charges or claims

for damages shall be made by it for any delays or hindrances from any cause whatsoever during the

progress of any portion of the work specified in this Contract.

19.2 Time extensions will be granted only for excusable delays that arise from unforeseeable causes

beyond the control and without the fault or negligence of the Contractor, including but not restricted

to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual

capacity, acts of another Contractor in the performance of a contract with the State, fires, floods,

epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or

suppliers arising from unforeseeable causes beyond the control and without the fault or negligence

of either the Contractor or the subcontractors or suppliers.

20. Suspension of Work

The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any

part of its performance for such period of time as the Procurement Officer may determine to be

appropriate for the convenience of the State.

21. Pre-Existing Regulations

In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article,

Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland

Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this

Contract.

22. Financial Disclosure

The Contractor shall comply with the provisions of Section13-221 of the State Finance and

Procurement Article of the Annotated Code of Maryland, which requires that every business that

enters into contracts, leases, or other agreements with the State or its agencies during a calendar year

under which the business is to receive in the aggregate, $200,000 or more, shall within 30 days of

the time when the aggregate value of these contracts, leases or other agreements reaches $200,000,

file with the Secretary of State of Maryland certain specified information to include disclosure of

beneficial ownership of the business.

23. Political Contribution Disclosure

The Contractor shall comply with Election Law Article, Title 14, Annotated Code of Maryland,

which requires that every person that enters into a procurement contract with the State, a county, or

a municipal corporation, or other political subdivision of the State, during a calendar year in which

the person receives a contract with a governmental entity in the amount of $200,000 or more, shall

file with the State Board of Elections statements disclosing: (a) any contributions made during the

reporting period to a candidate for elective office in any primary or general election; and (b) the

name of each candidate to whom one or more contributions in a cumulative amount of $500 or more

were made during the reporting period. The statement shall be filed with the State Board of

Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other

political subdivision of the State, and shall cover the 24 months prior to when a contract was

awarded; and (b) if the contribution is made after the execution of a contract, then twice a year,

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 112 of 146

throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending

April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional

information is available on the State Board of Elections website:

http://www.elections.state.md.us/campaign_finance/index.html.

24. Retention of Records

The Contractor and subcontractors shall retain and maintain all records and documents in any way

relating to this Contract for (i) three (3) years after final payment by the State hereunder, or (ii) any

applicable federal or State retention requirements (such as HIPAA) or condition of award, ,

whichever is longer, and shall make them available for inspection and audit by authorized

representatives of the State, as designated by the Procurement Officer, at all reasonable times. The

Contractor shall provide copies of all documents requested by the State, including, but not limited to

itemized billing documentation containing the dates, hours spent, and work performed by the

Contractor and its subcontractors under the Contract. All records related in any way to the Contract

are to be retained for the entire time provided under this section.

25. Right to Audit

25.1 The State reserves the right, at its sole discretion and at any time, to perform an audit of the

Contractor’s performance under this Contract. An audit is defined as a planned and documented

independent activity performed by qualified personnel, including but not limited to State and federal

auditors, to determine by investigation, examination, or evaluation of objective evidence from data,

statements, records, operations and performance practices (financial or otherwise) the Contractor’s

compliance with the Contract, including but not limited to adequacy and compliance with

established procedures and internal controls over the services performed pursuant to the Contract.

25.2 Upon three (3) Business Days’ notice, the State shall be provided reasonable access to Contractor’s

records to perform any such audits. The Department may conduct these audits with any or all of its

own internal resources or by securing the services of a third-party accounting or audit firm, solely

at the Department’s election. The Department may copy any record related to the services

performed pursuant to the Contract. The Contractor agrees to fully cooperate and assist in any audit

conducted by or on behalf of the State, including, by way of example only, making records and

employees available as, where, and to the extent requested by the State and by assisting the auditors

in reconciling any audit variances. Contractor shall not be compensated for providing any such

cooperation and assistance.

25.3 The right to audit shall include any of the Contractor’s subcontractors including but not limited to

any lower tier subcontractor(s). The Contractor shall ensure the Department has the right to audit

such subcontractor(s).

26. Compliance with Laws

The Contractor hereby represents and warrants that:

a. It is qualified to do business in the State and that it will take such action as, from time-to-time

hereafter, may be necessary to remain so qualified

b. It is not in arrears with respect to the payment of any monies due and owing the State, or any

department or unit thereof, including but not limited to the payment of taxes and employee

benefits, and that it shall not become so in arrears during the Term

c. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its

activities and obligations under this Contract; and

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 113 of 146

d. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any,

necessary to the performance of its obligations under this Contract.

27. Cost and Price Certification

27.1 The Contractor, by submitting cost or price information certifies that, to the best of its knowledge,

the information submitted is accurate, complete, and current as of the date of its Proposal.

27.2 The price under this Contract and any change order or modification hereunder, including profit or

fee, shall be adjusted to exclude any significant price increases occurring because the Contractor

furnished cost or price information which, as of the date of its Proposal, was inaccurate, incomplete,

or not current.

28. Subcontracting; Assignment

The Contractor may not subcontract any of its obligations under this Contract without obtaining the

prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or

any of its rights or obligations hereunder, without the prior written approval of the Procurement

Officer, each at the State’s sole and absolute discretion; provided, however, that a Contractor may

assign monies receivable under a contract after written notice to the State. Any subcontracts shall

include such language as may be required in various clauses contained within this Contract, exhibits,

and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits

are completed and properly registered. The State shall not be responsible for fulfillment of the

Contractor’s obligations to its subcontractors.

29. Limitations of Liability

29.1 Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions

of Contractor, its subcontractors, agents or employees as follows:

(a) For infringement of patents, trademarks, trade secrets and copyrights as provided in

Section 7 “Patents, Copyrights, Intellectual Property” of this Contract

(b) Without limitation for damages for bodily injury (including death) and damage to

real property and tangible personal property; and

related to this Contract and regardless of the basis on which the claim is made,

Contractor’s liability shall not exceed <<two (2) >>times the total value of the

Contract or $1,000,000, whichever is greater. The above limitation of liability is

per incident.

(d) In no event shall the existence of a subcontract operate to release or reduce the

liability of Contractor hereunder. For purposes of this Contract, Contractor agrees

that all subcontractors shall be held to be agents of Contractor.

29.2 Contractor’s indemnification obligations for Third party claims arising under Section 10

(“Indemnification”) of this Contract are included in this limitation of liability only if the State is

immune from liability. Contractor’s indemnification liability for third party claims arising under

Section 10 of this Contract shall be unlimited if the State is not immune from liability for claims

arising under Section 10.

29.3. In no event shall the existence of a subcontract operate to release or reduce the liability of Contractor

hereunder. For purposes of this Contract, Contractor agrees that it is responsible for performance

of the services and compliance with the relevant obligations hereunder by its subcontractors.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 114 of 146

30. Commercial Nondiscrimination

30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply

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. As part of such compliance,

Contractor may not discriminate on the basis of race, color, religion, ancestry, 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 or on the basis of disability,

or otherwise unlawful forms of discrimination in the solicitation, selection, hiring, or commercial

treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor

retaliate against any person for reporting instances of such discrimination. Contractor shall provide

equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector

and private sector subcontracting and supply opportunities, provided that this clause does not

prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have

occurred or are occurring in the marketplace. Contractor understands that a material violation of

this clause shall be considered a material breach of this Contract and may result in termination of

this Contract, disqualification of Contractor from participating in State contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights,

and only after the filing of a complaint against Contractor under Title 19 of the State Finance and

Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor

agrees to provide within 60 days after the request a complete list of the names of all subcontractors,

vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that

were undertaken within the State of Maryland, including the total dollar amount paid by Contractor

on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation

conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth

under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland,

and to provide any documents relevant to any investigation that are requested by the State.

Contractor understands that violation of this clause is a material breach of this Contract and may

result in Contract termination, disqualification by the State from participating in State contracts,

and other sanctions.

30.4 The Contractor shall include the language from 30.1, or similar clause approved in writing by the

Department, in all subcontracts.

31. Prompt Pay Requirements

31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor, the Department,

at its option and in its sole discretion, may take one or more of the following actions:

(a) Not process further payments to the Contractor until payment to the subcontractor is

verified

(b) Suspend all or some of the Contract work without affecting the completion date(s)

for the Contract work

otherwise due or that may become due to the Contractor

(d) Place a payment for an undisputed amount in an interest-bearing escrow account; or

(e) Take other or further actions as appropriate to resolve the withheld payment.

31.2 An “undisputed amount” means an amount owed by the Contractor to a subcontractor for which

there is no good faith dispute. Such “undisputed amounts” include, without limitation: (a) retainage

which had been withheld and is, by the terms of the agreement between the Contractor and

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 115 of 146

subcontractor, due to be distributed to the subcontractor; and (b) an amount withheld because of

issues arising out of an agreement or occurrence unrelated to the agreement under which the amount

is withheld.

31.3 An act, failure to act, or decision of a Procurement Officer or a representative of the Department

concerning a withheld payment between the Contractor and a subcontractor under this section 31,

may not:

(a) Affect the rights of the contracting parties under any other provision of law

(b) Be used as evidence on the merits of a dispute between the Department and the

Contractor in any other proceeding; or

31.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with

respect to subcontractors that have contracted pursuant to the MBE program.

31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may,

consistent with COMAR 21.11.03.13, take the following measures:

(a) Verify that the certified MBEs listed in the MBE participation schedule actually are

performing work and receiving compensation as set forth in the MBE participation

schedule. This verification may include, as appropriate:

i. Inspecting any relevant records of the Contractor

ii. Inspecting the jobsite; and

iii. Interviewing subcontractors and workers.

Verification shall include a review of:

i. The Contractor’s monthly report listing unpaid invoices over thirty (30) days

old from certified MBE subcontractors and the reason for nonpayment; and

ii. The monthly report of each certified MBE subcontractor, which lists payments

received from the Contractor in the preceding thirty (30) days and invoices for

which the subcontractor has not been paid.

(b) If the Department determines that the Contractor is not in compliance with certified

MBE participation goals, then the Department will notify the Contractor in writing

of its findings and will require the Contractor to take appropriate corrective action.

Corrective action may include, but is not limited to, requiring the Contractor to

compensate the MBE for work performed as set forth in the MBE participation

schedule.

MBE Contract provisions and refuses or fails to take the corrective action that the

Department requires, then the Department may:

i. Terminate the Contract

ii. Refer the matter to the Office of the Attorney General for appropriate action;

iii. Initiate any other specific remedy identified by the Contract, including the

contractual remedies required by any applicable laws, regulations, and

directives regarding the payment of undisputed amounts.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 116 of 146

(d) Upon completion of the Contract, but before final payment or release of retainage or

both, the Contractor shall submit a final report, in affidavit form under the penalty

of perjury, of all payments made to, or withheld from, MBE subcontractors.

32. Living Wage

If a Contractor subject to the Living Wage law fails to submit all records required under COMAR

21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and

Regulation, the Department may withhold payment of any invoice or retainage. The Department

may require certification from the Commissioner on a quarterly basis that such records were

properly submitted.

33. Use of Estimated Quantities

Unless specifically indicated otherwise in the State’s solicitation or other controlling documents

related to the Scope of Work, any sample amounts provided are estimates only and the Department

does not guarantee a minimum or maximum number of units or usage in the performance of this

Contract.

34. Risk of Loss; Transfer of Title

Risk of loss for conforming supplies, equipment, materials, and Deliverables furnished to the State

hereunder shall remain with the Contractor until such supplies, equipment, materials, and

Deliverables are received and accepted by the State, following which, title shall pass to the State.

35. Effect of Contractor Bankruptcy

All rights and licenses granted by the Contractor under this Contract are and shall be deemed to be

rights and licenses to “intellectual property,” and the subject matter of this Contract, including

services, is and shall be deemed to be “embodiments of intellectual property” for purposes of and as

such terms are used and interpreted under § 365(n) of the United States Bankruptcy Code (“Code”)

(11 U.S.C. § 365(n) (2010)). The State has the right to exercise all rights and elections under the

Code and all other applicable bankruptcy, insolvency, and similar laws with respect to this Contract

(including all executory statement of works). Without limiting the generality of the foregoing, if the

Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the

State’s rights of election, all rights and licenses granted to the State under this Contract shall

continue subject to the respective terms and conditions of this Contract; and (b) the State shall be

entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual

property and embodiments of intellectual property, and the same, if not already in the State’s

possession, shall be promptly delivered to the State, unless the Contractor elects to and does in fact

continue to perform all of its obligations under this Contract.

36. Miscellaneous

36.1 Any provision of this Contract which contemplates performance or observance subsequent to any

termination or expiration of this Contract shall survive termination or expiration of this Contract

and continue in full force and effect.

36.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or

unenforceable in any respect, in whole or in part, such term shall be severed from this Contract, and

the remaining terms contained herein shall continue in full force and effect, and shall in no way be

affected, prejudiced, or disturbed thereby.

36.3 The headings of the sections contained in this Contract are for convenience only and shall not be

deemed to control or affect the meaning or construction of any provision of this Contract.

36.4 This Contract may be executed in any number of counterparts, each of which shall be deemed an

original, and all of which together shall constitute one and the same instrument. Signatures provided

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 117 of 146

by facsimile or other electronic means, e.g., and not by way of limitation, in Adobe .PDF sent by

electronic mail, shall be deemed to be original signatures.

37. Contract Monitor and Procurement Officer

37.1 The State representative for this Contract who is primarily responsible for Contract Department

functions, including issuing written direction, invoice approval, monitoring this Contract to ensure

compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance,

and achieving completion of the Contract on budget, on time, and within scope. The Contract

Monitor may authorize in writing one or more State representatives to act on behalf of the Contract

Monitor in the performance of the Contract Monitor’s responsibilities. The Department may change

the Contract Monitor at any time by written notice to the Contractor.

37.2 The Procurement Officer has responsibilities as detailed in the Contract and is the only State

representative who can authorize changes to the Contract. The Department may change the

Procurement Officer at any time by written notice to the Contractor.

38. Notices

All notices hereunder shall be in writing and either delivered personally or sent by certified or

registered mail, postage prepaid, as follows:

If to the State:

Shakira Tell

201 W. Preston St., Baltimore, MD 21201

Phone Number: 559-679-3999

E-Mail: shakira.tell@maryland.gov

Subhan Turlapaty

201 W. Preston St., Baltimore, MD 21201

Phone Number: 443-990-0219

E-Mail: subhan.turlapa[email protected]>

With a copy to:

Jim Beauchamp

Maryland Department of Health (MDH)

201 W. Preston St., Baltimore, MD 21201

Phone Number: 410-767-0974

E-Mail: jim.beaucha[email protected]

If to the Contractor:

(Contractor’s Name)

(Contractor’s primary address)

Attn: __________________

[[Delete the following if a parent company guarantee is inapplicable:]]

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 118 of 146

Parent Company Guarantor

Contact: _______________________________

Attn: __________________

39. Parent Company Guarantee (If applicable)

If a Contractor intends to rely on its Parent Company in some manner while performing on the State

Contract, the following clause should be included and completed for the Contractor’s Parent Company to

guarantee performance of the Contractor. The guarantor/Contractor’s Parent Company should be named

as a party and signatory to the Contract and should be in good standing with SDAT.

(Corporate name of Contractor’s Parent Company) hereby guarantees absolutely the full, prompt,

and complete performance by (Contractor) of all the terms, conditions and obligations contained in

this Contract, as it may be amended from time to time, including any and all exhibits that are now or

may become incorporated hereunto, and other obligations of every nature and kind that now or may

in the future arise out of or in connection with this Contract, including any and all financial

commitments, obligations, and liabilities. (Corporate name of Contractor’s Parent Company) may

not transfer this absolute guaranty to any other person or entity without the prior express written

approval of the State, which approval the State may grant, withhold, or qualify in its sole and

absolute subjective discretion. (Corporate name of Contractor’s Parent Company) further agrees that

if the State brings any claim, action, lawsuit or proceeding against (Contractor), (Corporate name of

Contractor’s Parent Company) may be named as a party, in its capacity as Absolute Guarantor.

40. Compliance with federal Health Insurance Portability and Accountability Act (HIPAA) and

State Confidentiality Law

The Contractor agrees to keep information obtained in the course of this Contract confidential in

compliance with _________________________________________________________. The

Contractor agrees further to comply with any applicable State and federal confidentiality

requirements regarding collection, maintenance, and use of health, personally identifiable, and

financial information. This includes, where appropriate, the federal Health Insurance Portability and

Accountability Act (HIPAA), 42 U.S.C. §§ 1320d et seq., and implementing regulations at 45

C.F.R. Parts 160 and 164, and the Maryland Confidentiality of Medical Records Act (MCMRA),

Md. Code Ann. Health-General §§ 4-301 et seq. This obligation includes providing training and

information to employees regarding confidentiality obligations as to health, personally identifiable,

and financial information and securing acknowledgement of these obligations from employees to be

involved in the Contract. This obligation further includes restricting use and disclosure of the

records, generally providing safeguards against misuse of information, keeping a record of any

disclosures of information, providing all necessary procedural and legal protection for any

disclosures of information, promptly responding to any requests by the Department for information

about its privacy practices in general or with respect to a particular individual, modifying

information as may be required by good professional practice as authorized by law, and otherwise

providing good information management practices regarding all health, personally identifiable, and

financial information.

41. Limited English Proficiency

The Contractor shall provide equal access to public services to individuals with limited English

proficiency in compliance with Md. Code Ann., State Government Article, §§ 10-1101 et seq., and

Policy Guidance issued by the Office of Civil Rights, Department of Health and Human Services,

and MDH Policy 02.06.07.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 119 of 146

SIGNATURES ON NEXT PAGE

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 120 of 146

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

Contractor

State of Maryland

Maryland Department of Health (MDH)

By:

By: <<agencyContractSigner>>,

<<agencyContractSignerTitle>>

Date

PARENT COMPANY (GUARANTOR) (if

applicable)

By:

___________________________________

By:

Date

___________________________________

Date

Approved for form and legal sufficiency

this ____ day of _____________, 20___.

______________________________________

Assistant Attorney General

APPROVED BY BPW: _________________ _____________

(Date) (BPW Item #)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 121 of 146

Attachment N. Contract Affidavit

See link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2020/03/Attachment-

N-Affidavit.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 122 of 146

Attachment O. DHS Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 123 of 146

Appendix 1. – Abbreviations and Definitions

For purposes of this RFP, the following abbreviations or terms have the meanings indicated below:

A. Acceptable Use Policy (AUP) - A written policy documenting constraints and practices that a

user must agree to in order to access a private network or the Internet.

B. Access – The ability or the means necessary to read, write, modify, or communicate

data/information or otherwise use any information system resource.

C. Additional Abbreviations/Acronym

Abbreviation /

Acronym

Description

AIMS

Assurance and Improvement in Medications Safety

ALU

Assisted Living Unit

OYRX

Specific Joint Commission requirements

MARs

Medication Administration Record

CAO

Centralized Admissions Office

CFAP

Community Forensic Aftercare Program

CIRP

Court Involved Residence Program

CMS

Center for Medicare and Medicaid Services

CRISP

Chesapeake Regional Information System for our Patients

CPT-4

Current Procedural Terminology, 4

edition

DCAR

Division of Cost Accounting and Reimbursements

HMIS

Healthcare Management Information System

ICD-10

International Statistical Classification of Diseases and Related Health

Problems, 10

edition

DSM-V

Standard Classification of Mental Disorders

CPOE

Computerized Physician Order Entry

SASSI

Substance Abuse Subtle Screening Inventory

OCEP

Office Court Ordered Evaluations and Placements

Physical Therapy

AHFS

Drug classification

PAR

Psychological Assessment Resources

SIG code

Prescription abbreviations

NDC

National Drug Code

LOINC

Standard language for health measurements, observations, and documents

D. Application Program Interface (API) – Code that allows two software programs to

communicate with each other.

E. Alternate Living Unit (ALU) – Alternate living unit are designed to enable adults with

disabilities to enjoy the independence of having a home of their own near family and friends.

Individuals may share a home with others who need similar support to ensure their wellbeing.

F. Business Day(s) – The official working days of the week to include Monday through Friday.

Official working days excluding State Holidays (see definition of “Normal State Business

Hours” below).

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 124 of 146

G. Centers for Medicare & Medicaid Services (CMS) - A federal agency within the United States

Department of Health and Human Services that administers the Medicare program and works

in partnership with state governments to administer Medicaid, the Children’s Health Insurance

Program, and health insurance portability standards.

H. Change Management Plan- Plan that defines and outlines activities and roles to manage and

control the change during the execute and control phases of the project. (PMBOK reference).

I. Change Control Board (CCB)- The MDH committee consisting of subject matter experts and

managers who decide whether to implement proposed changes to a project.

J. COMAR – Code of Maryland Regulations available on-line at

http://www.dsd.state.md.us/COMAR/ComarHome.html.

K. Contract – The Contract awarded to the successful Offeror pursuant to this RFP. The Contract

will be in the form of Attachment M.

L. Contract Monitor – The State representative for this Contract who is primarily responsible for

Contract Department functions, including issuing written direction, invoice approval,

monitoring this Contract to ensure compliance with the terms and conditions of the Contract,

monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget,

on time, and within scope. The Contract Monitor may authorize in writing one or more State

representatives to act on behalf of the Contract Monitor in the performance of the Contract

Monitor’s responsibilities. The Department may change the Contract Monitor at any time by

written notice to the Contractor.

M. Contract Termination for Convenience- COMAR 21.07.01.12 - The performance of work

under this contract may be terminated by the State in accordance with this clause in whole, or

from time to time in part, whenever the State shall determine that such termination is in the

best interest of the State. Termination hereunder, including the determination of the rights and

obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

N. Contract Termination for Default-COMAR 21.07.01.11 - If the Contractor fails to fulfill its

obligation under this contract properly and on time, fails to provide any required annual and

renewable bond 30 days prior to expiration of the current bond then in effect, or otherwise

violates any provision of the contract, the State may terminate the contract by written notice to

the Contractor. 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

O. Contractor – The selected Offeror that is awarded a Contract by the State.

P. Contractor Personnel – Employees and agents and subcontractor employees and agents

performing work at the direction of the Contractor under the terms of the Contract awarded

from this RFP.

Q. Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or

other Sensitive Data.

R. eMMA – eMaryland Marketplace Advantage (see RFP Section 4.2).

S. Enterprise License Agreement (ELA) – An agreement to license the entire population of an

entity (employees, on-site contractors, off-site contractors) accessing a software or service for

a specified period of time for a specified value.

T. Future Work - Future work refer to Work Orders to be utilized in support of the SOW detailed

in this RFP that cannot be wholly identified prior to the award of this Contract.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 125 of 146

U. Information System – A discrete set of information resources organized for the collection,

processing, maintenance, use, sharing, dissemination, or disposition of information.

V. Information Technology (IT) – All electronic information-processing hardware and software,

including: (a) maintenance; (b) telecommunications; and (c) associated consulting services.

W. Key Personnel – All Contractor Personnel identified in the solicitation as such that are

essential to the work being performed under the Contract. See RFP Sections 3.10.

X. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless

otherwise specified, all stated times shall be Local Time, even if not expressly designated as

such.

Y. Maryland Department of Health or (MDH or the “Department”).

Z. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR

21.01.02.01B (54) which is certified by the Maryland Department of Transportation under

COMAR 21.11.03.

AA. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday

through Friday except State Holidays, which can be found at: www.dbm.maryland.gov –

keyword: State Holidays.

BB. Not to Exceed (NTE) - The maximum amount for which the Contractor has agreed to provide

services under the Financial Proposal Tab - Labor Categories & Rates and Section 4.1 of the

contract.

CC. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the

Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date.

The NTP Date is the start date of work under the Contract, project, Task Order or Work Order.

Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor

regarding the start date for any service included within this solicitation with a delayed or non-

specified implementation date.

DD. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work

Order to begin.

EE. Offeror – An entity that submits a Proposal in response to this RFP.

FF. Personally, Identifiable Information (PII) – Any information about an individual maintained

by the State, including (1) any information that can be used to distinguish or trace an

individual identity, such as name, social security number, date and place of birth, mother’s

maiden name, or biometric records; and (2) any other information that is linked or linkable to

an individual, such as medical, educational, financial, and employment information.

GG. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State

for purposes of this solicitation. After Contract award, the Procurement Officer has

responsibilities as detailed in the Contract (Attachment M) and is the only State

representative who can authorize changes to the Contract. The Department may change the

Procurement Officer at any time by written notice to the Contractor.

HH. Project Management Plan-The PMBOK practices, methodologies, techniques, and tools used

to describe how the Contractor’s proposed solution in response to this RFP will be planned,

executed, monitored, controlled, and closed, as well as all of the detailed subsidiary plans

integrated into a single comprehensive body of work.

II. Proposal – As appropriate, either or both of the Offeror’s Technical or Financial Proposal.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 126 of 146

JJ. Protected Health Information (PHI) – Information that relates to the past, present, or future

physical or mental health or condition of an individual; the provision of health care to an

individual; or the past, present, or future payment for the provision of health care to an

individual; and (i) that identifies the individual; or (ii) with respect to which there is a

reasonable basis to believe the information can be used to identify the individual.

KK. Request for Proposals (RFP) – This Request for Proposals issued by the Maryland Department

of Health (Department), with the Solicitation Number and date of issuance indicated in the

Key Information Summary Sheet, including any amendments thereto.

LL. Requirements Traceability Matrix (RTM)- A document used to assist in determining the

completeness of a relationship by correlating any two baselined documents using a many-to-

many relationship comparison.

MM. Risk Mitigation Management Plan- Plan to describe the process of developing options

and actions to enhance opportunities and reduce threats to project objectives (PMBOK

definition)

NN. Security Incident – A violation or imminent threat of violation of computer security policies,

Security Measures, acceptable use policies, or standard security practices. “Imminent threat of

violation” is a situation in which the organization has a factual basis for believing that a

specific incident is about to occur.

OO. Security or Security Measures – The technology, policy, and procedures that a) protects and b)

controls access to networks, systems, and data.

PP. Sensitive Data - Means PII;PHI; other proprietary or confidential data as defined by the State,

including but not limited to “personal information” under Md. Code Ann., Commercial Law §

14-3501(e) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to

disclosure under the Public Information Act, Title 4 of the General Provisions Article; and

information about an individual that (1) can be used to distinguish or trace an individual‘s

identity, such as name, social security number, date and place of birth, mother‘s maiden name,

or biometric records; or (2) is linked or linkable to an individual, such as medical, educational,

financial, and employment information.

QQ. Service Level Agreement (SLA) - Commitment by the Contractor to the Department that

defines the performance standards the Contractor is obligated to meet.

RR. SLA Activation Date - The date on which SLA charges commence under this Contract, which

may include, but to, the date of (a) completion of Transition in, (b) a delivery, or (c) releases

of work.

SS. Software - The object code version of computer programs licensed pursuant to this Contract.

Embedded code, firmware, internal code, microcode, and any other term referring to software

that is necessary for proper operation is included in this definition of Software. Software

includes all prior, current, and future versions of the Software and all maintenance updates and

error corrections. Software also includes any upgrades, updates, bug fixes or modified

versions or backup copies of the Software licensed to the State by Contractor or an authorized

distributor.

TT. Software as a Service (SaaS) - A software licensing and delivery model in which software is

licensed on a subscription basis and is centrally hosted. For the purposes of this RFP, the

terms SaaS and PaaS are considered synonymous, and the term SaaS will be used throughout

this document.

UU. Solution - All Software, deliverables, services, and activities necessary to fully provide and

support the RFP scope of work. This definition of Solution includes all System

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 127 of 146

Documentation developed as a result of this Contract. Also included are all Upgrades, patches,

break/fix activities, enhancements and general maintenance and support of the Solution and its

infrastructure.

VV. State – The State of Maryland.

WW. Source Code – Executable instructions for Software in its high level, human readable

form which are in turn interpreted, parsed and/or compiled to be executed as part of a

computing system.

XX. System Availability – The period of time the Solution works as required excluding non-

operational periods associated with planned maintenance.

YY. System Documentation – Those materials necessary to wholly reproduce and fully operate the

most current deployed version of the Solution in a manner equivalent to the original Solution

including, but not limited to:

1) Source Code: This includes source code created by the Contractor or subcontractor(s)

and source code that is leveraged or extended by the Contractor for use in the Contract

2) All associated rules, reports, forms, templates, scripts, data dictionaries and database

functionality

3) All associated configuration file details needed to duplicate the run time environment

as deployed in the current deployed version of the system

4) All associated design details, flow charts, algorithms, processes, formulas, pseudo-

code, procedures, instructions, help files, programmer’s notes, and other

documentation

5) A complete list of Third Party, open source, or commercial software components and

detailed configuration notes for each component necessary to reproduce the system

(e.g., operating system, relational database, and rules engine software)

6) All associated user instructions and/or training materials for business users and

technical staff, including maintenance manuals, administrative guides, and user how-

to guides; and

7) Operating procedures.

ZZ. Task Order=A subset of work authorized by the Contract Monitor performed under the

general scope of this RFP, which is defined in advance of Contractor fulfillment, and which

may not require a Contract Modification. Except as otherwise provided, any reference to the

Contract shall be deemed to include reference to a Task Order.

AAA. Technical Safeguards – The technology and the policy and procedures for its use that protect

State Data and control access to it.

BBB. Third Party Software – Software and supporting documentation that:

1) are owned by a third party, not by the State, the Contractor, or a subcontractor

2) are included in, or necessary or helpful to the operation, maintenance, support, or

modification of the Solution; and

3) are specifically identified and listed as Third-Party Software in the Proposal.

CCC. Total Proposal Price - The Offeror’s total price for goods and services in response to this

solicitation, included in Financial Proposal Attachment B – Financial Proposal Form.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 128 of 146

DDD. Upgrade - A new release of any component of the Solution containing major new features,

functionality and/or performance improvements.

EEE. Veteran-owned Small Business Enterprise (VSBE) – A business that is verified by the

Center for Verification and Evaluation (CVE) of the United States Department of Veterans

Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR)

21.11.13.

FFF. Weekly Status Reports- Weekly status reports should provide a summary of the status of

project objectives, deliverables, tasks, results, challenges, and action items.

GGG. Work Order– A subset of work authorized by the Contract Monitor performed under the

general scope of this RFP, which is defined in advance of Contractor fulfillment, and which

may not require a Contract Modification. Except as otherwise provided, any reference to the

Contract shall be deemed to include reference to a Work Order.

HHH. Work Plan- A specific methodology, techniques, and number of staff, if applicable, to be

used by the Offeror in providing the required goods and services as outlined in RFP.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 129 of 146

Appendix 2. – Offeror Information Sheet

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Appendix2-

Bidder_OfferorInformationSheet.pdf.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 130 of 146

Appendix 3. – Non-Disclosure Agreement (Offeror)

See Link Non-Disclosure Agreement (Offeror) (see link at http://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/Appendix-3-Non-Disclosure-Agreement-Offeror-1.dotx)

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 131 of 146

Appendix 4. – Electronic Health Records SaaS – Functional Requirements

See separate Excel Financial Proposal Form labeled “Appendix 4 – MDH EHR RFP OCMP -

22-19320 Appendix 4 – Functional and Business Requirements”.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 132 of 146

Appendix 5. - Labor Categories

A. Application Architect (Senior)

Position Description: The Application Architect (Senior) manages major projects that involve providing

professional support services and/or the integration, implementation, and transition of large, complex

systems. This individual is responsible for performing the following tasks:

1. Providing design and development of e-government solutions, and taking responsibility for

technical design and implementation of the architecture

2. Designing, developing, and maintaining infrastructure and backend applications

3. Providing expertise on defining the role of broadband and wireless applications

4. Providing definition of current State architecture blueprints

5. Providing expertise with web servers, gateways, application servers, and content management

systems

6. Providing experience in web application technologies and middleware solutions

7. Researching new technologies and products for their applicability to business processes

8. Comparing various solutions and determining the most suitable; and

9. Ensuring that development efforts are well-planned and in compliance to standards.

Education: This position requires a bachelor’s degree from an accredited college or university in

Engineering, Computer Science, Mathematics, or a related scientific or technical discipline. (Note: A

Master’s degree is preferred.)

General Experience: The proposed candidate must have at least ten (10) years of experience planning,

designing, building, and implementing IT application systems. This individual must have led or been

chief architect in a major IT applications implementation effort. This individual must also have a strong

background in software engineering principles and techniques.

Specialized Experience: The proposed candidate must have at least six (6) years of experience in

designing medium to large-scale sites, and management of at least five Internet projects.

B. Applications Programmer

Position Description: The Applications Programmer analyzes functional business applications and

design specifications for functional areas such as finance, accounting, personnel, manpower, logistics, and

contracts. His/her responsibilities include performing the following tasks:

1. Develops block diagrams and logic flowcharts

2. Translates detailed design into computer software

3. Tests, debugs, and refines the computer software to produce the required product

4. Prepares required documentation, including both program-level and user-level documentation

5. Enhances software to reduce operating time or improve efficiency

6. Provides technical direction to programmers as required to ensure program deadlines are met.

Education: This position requires a Bachelor's Degree from an accredited college or university with a

major in Computer Science, Information Systems, Engineering, Business, or other related scientific or

technical discipline or three (3) years of equivalent experience in a related field. A Master's Degree is

preferred.

General Experience: The proposed candidate must have five (5) years of computer experience in

information systems design.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 133 of 146

Specialized Experience: The proposed candidate must have at least three (3) years as an application

programmer on large-scale DBMS, knowledge of computer equipment, and ability to develop complex

software to satisfy design objectives.

C. Application Development Expert

Position Description: The Applications Development Expert provides design recommendations based on

long-term IT organization strategy. The position shall use a variety of platforms to provide automated

systems applications to customers. This individual will be viewed both internally and externally as a

technical expert and critical technical resource across multiple disciplines. His/her responsibilities include

performing the following tasks:

1. Developing enterprise level application and custom integration solutions including major

enhancements and interfaces, functions, and features

2. Providing expertise regarding the integration of applications across the business

3. Determining specifications, then plans, designs, and developing the most complex and business

critical software solutions, utilizing appropriate software engineering processes (either individually

or in concert with a project team)

4. Assisting in the most difficult support problem

5. Developing programming and development standards and procedures as well as programming

architectures for code reuse

6. Understanding and consistently applying the attributes and processes of current application

development methodologies

7. Researching and maintaining knowledge in emerging technologies and possible application to the

business; and

8. Acting as an internal consultant, advocate, mentor and change agent.

Education: This position requires a Bachelor’s in Computer Science, Information Systems, or a related

field or equivalent work experience. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of IT and

business/industry work experience.

Specialized Experience: The proposed candidate must have at least three (3) years as a technical expert

in an IT organization. This individual coaches and mentors the junior technical staff. The position will

also provide technical input into the most complex and high impact IT decisions. This individual will be

accountable for the most complex enterprise-wide applications and issues, translating highly complex

concepts for peers and customers. The position must have in-depth knowledge of state-of-the art

programming languages and object-oriented approach in designing, coding, testing and debugging

programs.

D. Computer Specialist (Senior)

Position Description: Must be able to determine costs for converting computers systems from one

language or machine to another by using compilers, simulators, emulators, and/or language translators,

and recommend better utilization of operating systems capabilities for improving system efficiency.

His/her responsibilities shall include the following:

1. Develops, manages, maintains, and evaluates current state-of-the-art computer hardware, software,

and software development tools

2. Evaluates their ability to support specific requirements and interface with other equipment and

systems

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 134 of 146

3. Determines potential and actual bottlenecks proposes recommendations for their elimination; and

4. Makes recommendations for systems improvements that will result in optimal hardware and

software use.

Education: Education: A Bachelor's Degree from an accredited college or university with a major in

Computer Science, Information Systems, Engineering, Business, or other related scientific or technical

discipline or three (3) years of equivalent experience in a related field. A Master's Degree is preferred.

General Experience: Must have eight (8) years of computer experience in at least two of the following

disciplines: system analysis, system programming, application programming, and equipment analysis.

Specialized Experience: At least five (5) years of experience either as a computer hardware or systems

software specialist or as a systems analyst with duties relating to the evaluation of third and fourth

generation of current state-of-the-art computer hardware and software and its ability to support specific

requirements for hardware and software evaluation, system management, or large-scale system

development and maintenance.

E. Computer Software/Integration Analyst (Senior)

Position Description: Must be knowledgeable in implementing computer systems in a phased approach

of requirements analysis and conceptual design, site survey, system design review, critical design review,

installation, integration, and testing. Must be knowledgeable in performing requirements analysis for a

wide range of users in areas such as office automation, and finance and accounting. Must be able to

present system designs for user approval at formal reviews. Must be capable of performing configuration

management, software integration, interpreting software test results, and recommending solutions for

unsatisfactory test results. Must be knowledgeable in life-cycle support, including maintenance,

administration, and management. Must be able to provide solutions to identified software problem

reports.

Education: A Bachelor's Degree from an accredited college or university with a major in Computer

Science, Information Systems, Engineering, Business, or other related scientific or technical discipline. A

Master's Degree is preferred.

General Experience: Must have eight (8) years of progressive working experience as a computer

specialist or a computer systems analyst.

Specialized Experience: At least five (5) years of experience as a Computer Systems Analysts

F. Database Manager

Position Description: The Database Manager shall manage the development of database projects. This

individual is responsible for performing the following tasks:

1. Planning and budgeting staff and data resources

2. Supporting application developers in planning preparation, load analysis, and backup and recovery

of data

3. Reallocating resources to maximize benefits, when necessary

4. Preparing and delivering presentations on DBMS concepts

5. Providing daily supervision and direction to support staff; and

6. Monitoring performance and evaluating areas to improve efficiency.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 135 of 146

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is

preferred.)

General Experience: The proposed candidate must have at least seven (7) years of experience in the

development and maintenance of database systems.

Specialized Experience: The proposed candidate must have at least five (5) years of experience with

database management systems, system design and analysis, operating systems software, and internal and

data manipulation languages.

G. Database Management Specialist (Junior)

Position Description: The Database Management Specialist (Junior) must be capable of providing highly

technical expertise and support in the use of DBMS. Must also be able to evaluate and recommend

available DBMS products to support validated user requirements. This individual is responsible for

performing the following tasks:

1. Defines file organization, indexing methods, and security procedures for specific user

applications

2. Develops, implements, and maintains database back-up and recovery procedures for the

processing environments

3. Ensures that data integrity, security, and recoverability are built into the DBMS applications.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in Computer Science, Information Systems, Engineering, Business, or other related scientific or

technical discipline or three (3) years of equivalent experience in a related field.

General Experience: Must have three (3) years of experience in DBMS systems analysis and

programming.

Specialized Experience: At least one (1) years of experience in using current DBMS technologies,

application design utilizing various database management systems and experience with DBMS internals.

H. Help Desk Manager

Position Description: The Help Desk Manager shall be responsible for provides daily supervision and

direction to staff who are responsible for phone and in-person support to users in the areas of e-mail,

directories, standard Windows desktop applications, and other network services. This individual is

responsible for performing the following tasks:

Manages personnel who serve as the first point of contact for troubleshooting hardware and software PC

and printer problems.

Education: A Bachelor's Degree from an accredited college or university with a major in Computer

Science, Information Systems, Engineering, Business, or other related scientific or technical discipline or

three (3) years of equivalent experience in a related field. A Master's Degree is preferred.

General Experience: This position requires a minimum of seven (7) years of experience in the

management of a Help Desk. General experience includes information systems development, network and

other work in the client/server field, or related fields.

Specialized Experience: At least five (5) years of specialized experience includes management of help

desks in a multi-server environment, comprehensive knowledge of PC operating systems (e.g., DOS,

Windows), networking and mail standards, and supervision of help desk employees. Demonstrated ability

to effectively communicate orally and in writing and to have a positive customer service attitude.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 136 of 146

I. Help Desk Specialist (Senior)

Position Description: The Help Desk Specialist (Senior) shall provide telephone and in-person support to

users in the areas of directories, standard Windows desktop applications, and applications developed

under this Contract or predecessors. Serves as the initial point of contact for troubleshooting

hardware/software PC and printer problems.

Education: A Bachelor's Degree from an accredited college or university with a major in Computer

Science, Information Systems, Engineering, Business, or other related scientific or technical discipline or

three (3) years of equivalent experience in a related field.

General Experience: This position requires a minimum of seven (7) years of experience in a business IT

environment with emphasis on PC computer hardware and applications. General experience includes, but

is not limited to information systems development, work in the client/server field, or related fields.

Specialized Experience: At least five (5) years comprehensive knowledge of PC operating systems, e.g.,

DOS, Windows, as well as work on a help desk. Demonstrated ability to effectively communicate orally

and in writing and to have a positive customer service attitude.

J. Help Desk Specialist (Junior)

Position Description: The Help Desk Specialist (Junior) shall serve as the initial point of contact for

troubleshooting hardware/software PC and printer problems.

Provide telephone and in-person support to users in the areas of directories standard Windows desktop

applications, and applications developed under this Contract or predecessors.

Education: A Bachelor's Degree from an accredited college or university with a major in Computer

Science, Information Systems, Engineering, Business, or other related scientific or technical discipline or

three (3) years of equivalent experience in a related field.

General Experience: This position requires a minimum of five (5) years of experience in business IT

environments with emphasis on PC hardware and applications. General experience includes information

systems development, work in the client/server field, or related fields.

Specialized Experience: At least two (2) years comprehensive knowledge of PC operating systems, e.g.,

DOS, Windows, as well as work on a help desk. Demonstrated ability to communicate orally and in

writing and to have a positive customer service attitude.

K. Quality Assurance Specialist

Position Description: The Quality Assurance Specialist must be able to determine the resources required

for quality control and maintain the level of quality throughout the software life cycle. This individual is

responsible for performing the following tasks:

1. Develop software quality assurance plans

2. Must be capable of maintaining and establishing a process for evaluating software and associated

documentation

3. Participate in formal and informal reviews at predetermined points throughout the development

life cycle to determine quality

4. Examine and evaluate the software quality assurance (SQA) process and recommends

enhancements and modifications

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 137 of 146

5. Develops quality standard

Education: A Bachelor's Degree from an accredited college or university with a major in Computer

Science, Information Systems, Engineering, Business, or other related scientific or technical discipline.

General Experience: Must have five (5) years of experience working with quality control methods and

tools.

Specialized Experience: At least three (3) years of experience in verification and validation, software

testing and integration, software metrics, and their application to software quality assessment, and a

demonstrated knowledge of system and project life cycles.

L. Systems Engineer

Position Description: The Systems Engineer shall be responsible for analyzing information

requirements. This individual will evaluate system problems of workflow, organization, and planning.

This individual shall also develop appropriate corrective action.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline; or three (3) years of equivalent experience in a related field.

General Experience: The proposed candidate must have at least three (3) years of experience in systems

engineering.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in

demonstrated use of interactive, interpretative systems with on-line, real-time acquisition capabilities.

M. Systems Engineer (Senior)

Position Description: The Senior Systems Engineer must be able to analyze information requirements,

evaluate problems in workflow, organization, and planning. The individual in this role develops

appropriate corrective action and provides daily supervision and direction to staff.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or other related scientific or

technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience in systems

engineering.

Specialized Experience: The proposed candidate must have at least three (3) years of experience in the

supervision of system engineers, and demonstrated use of interactive, interpretative systems with on-line,

real-time acquisition capabilities.

N. Testing Specialist

Position Description: The Testing Specialist shall design and execute IT software tests and evaluate

results to ensure compliance with applicable regulations. This individual prepares test scripts and all

required test documentation and must be able to design and prepare all needed test data. The Testing

Specialist analyzes internal security within systems, reviews test results, and evaluates for conformance to

design.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline; or three (3) years of equivalent experience in a related field. (Note: A Master’s degree is

preferred.)

General Experience: The proposed candidate must have at least four (4) years of experience in computer

software development.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 138 of 146

Specialized Experience: The proposed candidate must have at least two (2) years of software testing

experience (integration and acceptance).

O. Technical Writer/Editor

Position Description: The Technical Writer/Editor assists in collecting and organizing information for

preparation of user manuals, training materials, installation guides, proposals, and reports. Must

demonstrate the ability to work independently or under only general direction. This individual is

responsible for performing the following tasks:

1. Edits functional descriptions, system specifications, user manuals, special reports, or any other

customer deliverables and documents

2. Conducts research and ensures the use of proper technical terminology

3. Translates technical information into clear, readable documents to be used by technical and non-

technical personnel

4. For applications built to run in a Windows environment, uses the standard help compiler to

prepare all on-line documentation.

5. Assists in performing financial and administrative functions

P. Training Specialist/Instructor

Position Description: The Training Specialist/Instructor conducts the research necessary to develop and

revise training courses and prepares appropriate training catalogs. This individual shall prepare all

instructor materials (course outline, background material, and training aids) and student materials (course

manuals, workbooks, handouts, completion certificates, and course critique forms). This individual is

responsible for training personnel by conducting formal classroom courses, workshops, and seminars.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in Education/Training in the areas of computer science, information systems, engineering, business,

or a related scientific or technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least four (3) years of experience in

information systems development, training, or related fields.

Specialized Experience: The proposed candidate must have at least two (2) years of experience in

developing and providing IT and end user training on computer hardware and application software.

Q. Subject Matter Expert

Position Description: The Subject Matter Expert defines the problems and analyzes and develops plans

and requirements in the subject matter area for moderately complex-to-complex systems. This position

performs the following tasks: Coordinates and manages the preparation of analysis, evaluations, and

recommendations for proper implementation of programs and systems specifications including, but not

limited to information technology, health care, education, public safety, social services, human resources,

transportation, and environment.

Education: This position requires a Bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or other related scientific or

technical discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least seven (7) years of experience in the IT

field.

Specialized Experience: The proposed candidate must have at least five (5) years of combined new and

related older technical experience in the IT field directly related to the required area of expertise.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 139 of 146

R. Subject Matter Expert (Senior)

Position Description: The Subject Matter Expert (Senior) defines requirements, performs analyses, and

develops plans and requirements for systems. The area of expertise may be related to a specific discipline

required by the State agency including, but not limited to information technology, health care, education,

public safety, social services, human resources, transportation, and environment. Requires expertise in the

formulation of specifications and in the execution of technical initiatives in vertical areas.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in the specific discipline required by the State. (Note: A Master’s degree or Ph. D. degree is

preferred.)

General Experience: The proposed candidate must have at least twelve (12) years of relevant industry

experience in the discipline is required.

Specialized Experience: The proposed candidate must have at least ten (10) years of combined new and

related older technical experience in the IT field directly related to the required area of expertise.

S. Project Manager, Functional

Position Description: The Functional Project Manager performs day-to-day management of activities

pertaining to the functional deliverables of the project. This individual is responsible for performing the

following Position Description:

1. Facilitating State agency and Master Contractor discussions / meetings

2. Identifying issues and risks, and recommending possible issue and risk mitigation strategies

3. Identifying critical paths, tasks, dates, testing, and acceptance criteria

4. Ensuring that performance is within scope, consistent with requirements, and delivered on time and

within budget

5. Providing solutions to improve efficiency (e.g., reducing costs while maintaining or improving

performance levels)

6. Monitoring issues and providing resolutions for up-to-date status reports; and

7. Demonstrating excellent writing and oral communications skills.

Education: This position requires a Bachelor’s degree from an accredited college or university in

Engineering, Computer Science, Information Systems, Business or a related discipline. Candidates must

possess a PMP certification from the PMI.

General Experience: The proposed candidate must have at least five (5) years of experience in project

management.

Specialized Experience: The proposed candidate must have at least five (5) years of experience

managing IT related projects. This individual must have experience in a leadership role for at least three

(3) successful projects that were delivered on time and within budget, including a project similar in size to

the State of Maryland enterprise-wide implementation. In addition, he/she must have at least three (3)

years of experience in managing projects with an organizational change management component that

involve working with stakeholder groups across the organization. The candidate must possess at least five

(5) years of experience using PMI's PMBOK methodologies and artifacts.

T. Information Technology Architect (Senior)

Position Description: The Information Technology Architect (Senior) shall provide expertise in the most

current principles and practices of architecture data management systems and experience in large system

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 140 of 146

designs, and with data modeling in the information management arena. This individual provides expertise

in modeling and organizing information to facilitate support of projects or information architectures. The

individual also provides guidance on how and what to data and process model. The position primarily

deals with transition planning from legacy to modern systems by concentrating on information flows, data

exchange, and data translation standardization services.

Education: Bachelor’s Degree from an accredited college or university with a major in Engineering,

Computer Science, Mathematics, or a related field. Master’s degree preferred.

General Experience: At least ten (10) years of experience planning, designing, building, and

implementing IT systems.

Specialized Experience: At least five (5) years of the required ten (10) years of experience must be in the

direct supervision and management of major projects that involve providing professional support services

and/or the integration, implementation and transition of large complex system and subsystem

architectures. Must have led or been chief architect in major IT implementation efforts. Must demonstrate

a broad understanding of client IT environmental issues and solutions and be a recognized expert within

the IT industry. Must demonstrate advanced abilities to team and mentor and possess demonstrated

excellence in written and verbal communication skills.

U. Systems Design Architect

Position Description: The Systems Design Architect shall lead the team in developing application,

development, network, and technical architectures for mid-range client/server and mainframe

applications. This individual is responsible for gathering and defining the architecture requirements, and

for ensuring that the architectures are compatible and in compliance with the appropriate IT organization

and project standards.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least six (6) years of experience planning,

designing, building, and implementing mid-range IT systems.

Specialized Experience: The proposed candidate must have at least four (4) years of experience

developing application, development, network, and technical architectures for mid-range client/server and

mainframe applications. This individual must have demonstrated ability to develop and execute

architecture strategies, and to perform feasibility studies and integration analyses. This individual must be

experienced in supervising and providing guidance in implementing various mid-range architectures and

supporting implementation of large-scale applications.

V. Information Security Engineer

Position Description: The Information Security Engineer analyzes and defines security requirements for

information protection. This individual must define and develop security policies. This individual also

analyzes the sensitivity of information and performs vulnerability and risk assessments on the basis of

defined sensitivity and information flow.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline. (Note: A Master’s degree is preferred.)

General Experience: The proposed candidate must have at least eight (8) years of experience in

information protection.

Specialized Experience: The proposed candidate must have at least five (5) years of experience in

defining security programs or processes for the protection of sensitive or classified information.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 141 of 146

W. Network Security Engineer

Position Description: The Network Security Engineer designs, develops, engineers, and implements

solutions for projects such as biometrics, smart cards, Secure remote access, VPN, Intrusion detection,

port scanning, web security, and vulnerability assessments and remediation.

Education: This position requires a bachelor’s degree from an accredited college or university with a

major in computer science, information systems, engineering, business, or a related scientific or technical

discipline. A Master's Degree in one of the above disciplines is equal to one (1) year of specialized and

two (2) years of general experience. An additional year of specialized experience may be substituted for

the required education.

General Experience: The proposed candidate must have at least eight (8) years of computer-related

experience.

Specialized Experience: The proposed candidate must have at least five (5) years of specialized

experience in defining computer security requirements for high-level applications, evaluation of approved

security product capabilities, and security management.

X. Network Administrator

Position Description: The Network Administrator performs a variety of network management functions

related to the operation, performance, or availability of data communications networks. This individual is

responsible for performing the following tasks:

1. Analyzing client LANs/WANs, isolating the source of problems, and recommending

reconfiguration and implementation of new network hardware to increase performance

2. Modifying command language programs and network startup files, assigning/reassigning network

device logical, and participating in load balancing efforts throughout the network to achieve

optimum device utilization and performance

3. Establishing new user accounts on the network, granting access to required network files and

programs

4. Managing network Email functions

5. Establishing mailboxes and monitoring mail performance on the network

6. Troubleshooting network/user problems, and presenting resolutions for implementation; and

7. Preparing a variety of network resource reports.

Education: This position requires an Associate's degree from an accredited college or university in

Computer Science, Information Systems, Engineering or a related field; or two (2) years of college or

university study in Computer Science, Information Systems, Engineering or a related field. If applicable,

the candidate should be certified as a network administrator for a specific network operating system as

defined by the State. Certification criteria are determined by the network operating system vendor. Two

(2) additional years of specialized experience may be substituted for the required education.

General Experience: The proposed candidate must have at least two (2) years of experience in a

computer-related field. This individual must have advanced knowledge of network operating systems.

Specialized Experience: The proposed candidate must have at least one (1) year of experience in one or

more of the following areas: data communications engineering, data communications hardware or

software analysis, network administration or management, data communications equipment installation

and maintenance, or computer systems and management. This individual must also have experience with

cable/LAN meters, protocol analyzers, SNMP' and RMON based software products. Additionally, he/she

must have knowledge of Ethernet, FDDI and high-speed WANs and routers.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 142 of 146

Y. Network Manager

Position Description: The Network manager performs a variety of network management functions in

support of MIS services related to the operation, performance, or availability of data communications

networks. This individual shall serve as an LAN/WAN consultant skilled in network analysis, integration,

and tuning. His/her responsibilities include performing the following tasks:

1. Modifying command language programs and network startup files, assigning/re-assigning network

device logical, analyzing network performance, and recommending adjustments to wide variety of

complex network management functions with responsibility for overall performance and

availability of networks

2. Analyzing client LANs/WANs, isolating source of problems, and recommending reconfiguration

and implementation of new network hardware to increase performance

3. Conducting load balancing efforts to achieve optimum device utilization and network performance

4. Managing network Email functions

5. Establishing mailboxes and monitoring mail performance on the network

6. Coordinating with communications engineering to resolve hardware problems; and

7. Working with customer and operations staff in scheduling preventive and emergency maintenance

activities.

Education and Other Requirements: This position requires a Bachelor’s degree from an accredited

college or university with a major in Computer Science, Information Technology, Engineering, or a

related discipline. If applicable, the candidate must be certified as a network engineer for the specific

network operating system as defined by the State. The certification criteria are determined by the network

operating system vendor.

General Experience: The proposed candidate must have at least twelve (12) years of experience in a

computer-related field. This individual must have a working knowledge of network operating systems.

Specialized Experience: The proposed candidate must have at least ten (10) years of experience in one.

The candidate must have knowledge of cable including FDDI, FOIRL, and 10Base T. In addition, the

candidate must have a working knowledge of Ethernet, high speed WANs, routers, bridges, and switches.

Experience working with IBM's system network architecture (SNA), with knowledge of the MVS

operating system and SNA protocols. This individual must have experience with cable/LAN meters,

protocol analyzers, Simple Network Management Protocol (SNMP) and Remote Monitoring (RMON)

based software products.

Z. Computer Systems Analyst (Junior)

Position Description: Develops requirements for information systems from a project’s inception to

conclusion. Develops required specifications for simple to moderately complex systems. Assists senior

computer systems analyst in preparing input and test data for the proposed system.

Education and Other Requirements: Education: A Bachelor's Degree from an accredited college or

university with a major in Computer Science, Information Systems, Engineering, Business, or other

related scientific or technical discipline or three (3) years of equivalent experience in a related field.

General Experience: Must have three (3) years of computer experience in assignments of a technical

nature working under close supervision and direction.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 143 of 146

Specialized Experience: At least one (1) year of experience in analyzing and programming applications

on large-scale or mid-tier computers (or LAN-based) with a minimum of one (1) year of design and

programming of moderately complex IT systems.

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 144 of 146

Appendix 6. - Labor Classification Personnel Resume Summary

INSTRUCTIONS:

1. For each person proposed, complete one Labor Category Personnel Resume Summary to

document how the proposed person meets each of the minimum requirements.

For example: If you propose John Smith, who is your subcontractor, and you believe he meets the

requirements of the Group Facilitator, you will complete the top section of the form by entering

John Smith’s name and the subcontractor’s company name. You will then complete the right side

of the Group Facilitator form documenting how the individual meets each of the requirements.

Where there is a time requirement such as three months’ experience, you must provide the dates

from and to showing an amount of time that equals or exceeds mandatory time requirement; in

this case, three months.

2. Additional information may be attached to each Labor Category Personnel Resume Summary

that may assist a full and complete understanding of the individual being proposed.

3. Form may also be found at https://procurement.maryland.gov/wp-

content/uploads/sites/12/2018/05/Appendix-xx-Labor- Resume-Form.dotx

Labor Classification Personnel Resume Summary

RFP # OCMP-22-18251

Instructions: Enter resume information in the fields below; do not submit other resume formats. Submit one

resume for each proposed resource

Candidate Name:

Contractor:

(Bidder/OfferorCompanyName)

Education / Training

Institution Name / City / State

Degree /

Certification

Year

Completed

Field Of Study

Relevant Work Experience

Describe work experience relevant to the Duties / Responsibilities and Minimum Qualifications

described in the RFP. Starts with the most recent experience first; do not include non-relevant

experience.

[Organization]

[Title / Role]

[Period of Employment /

Work]

[Location]

[Contact Person (Optional

if current employer)]

Description of Work…

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 145 of 146

[Organization]

[Title / Role]

[Period of Employment /

Work]

[Location]

[Contact Person]

Description of Work…

Employment History

List employment history, starting with the most recent employment first

Start and End Dates

Job Title or Position

Organization Name

Reason for Leaving

Personnel Resume Summary (Continued)

*“Candidate Relevant Experience” section must be filled out. Do not enter “see resume” as a

response.

References

List persons the State may contact as employment references

Reference Name

Job Title or Position

Organization Name

Telephone / E-mail

**PO Authors: Update the Section Numbers on the left side of table**

Proposed Individual’s Name/Company Name:

How does the proposed individual meet each

requirement?

LABOR CATEGORY TITLE:

Bidder/Offeror to Enter the Labor Category Name

Requirement (See Section <<XXX>>

Candidate Relevant Experience *

Education:

[Insert the education description from Section

<<x.x>>for the applicable labor category]

Education:

Experience:

[Insert the experience description from Section

<<x.x>>for the applicable labor category]

Experience:

Duties:

[Insert the duties description from Section

<<x.x>>for the applicable labor category]

Duties:

Electronic Health Records (EHR) Software as a Service (SaaS)

Solicitation #: OCMP-22-18251

RFP Document

RFP for Maryland Department of Health Page 146 of 146

The information provided on this form for this labor category is true and correct to the best of my

knowledge:

Contractor Representative:

Proposed Individual:

Signature

Printed Name:

Printed Name

Date

Sign each Form