2000015460_CustomizedLiving_RFP.docx

Minnesota Department of Human Services Disability Services Division

Request for Proposals for a Contractor to Administer Grants to Eligible Home and Community-Based Services Providers

Date of Publication in SWIFT: March 25, 2024 Americans with Disabilities Act (ADA) Statement:

This information is available in accessible formats for people with disabilities by calling 651-431-3612 or by using your preferred relay service. For other information on disability rights and protections, contact your agency’s Americans with Disabilities Act (ADA) coordinator.Minnesota’s Commitment to Diversity and Inclusion. The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296-2600 or go to www.mmd.admin.state.mn.us/mn02001.htm.

PT RFP (PT201) Rev. 12.7.2023

Table of Contents _Toc162007383

RFP Summary

Important Dates:

RFP Published: March 25, 2024 Questions Due: April 4, 2024 Proposals Due: SWIFT EVENT END

Anticipated Selection of Successful Responder(s): April 25, 2024 Anticipated Start of Contract: May 6, 2024 Anticipated End of Contract: June 30, 2027 Anticipated Extensions: None

State Contact: colin.stemper@state.mn.us

Request for Proposals

1. Introduction

1.1 Objective of RFP

The Minnesota Department of Human Services, through its Disability Services Division (STATE), is seeking proposals from qualified Responders to administer all aspects of a grant program that supports small assisted living providers that are transitioning to new services. See the RFP summary page for the start and end date and the anticipated initial length of the contract. STATE may extend the contract up to a total of five (5) years.

1.2 Proposal due date

The official response to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP. This RFP does not obligate the STATE to award a contract or complete the project, and the STATE reserves the right to cancel the solicitation if it is considered to be in its best interest. All costs incurred in responding to this RFP will be borne by the Responder.

This RFP provides background information and describes the services desired by the STATE. It delineates the requirements for this procurement and specifies the contractual conditions required by the STATE. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

1.3 Background

From July 1, 2022 to December 31, 2023, an exception to the moratorium on corporate foster care settings was available to eligible, small providers licensed as assisted livings. This exception allowed eligible settings to transition from delivering customized living services to community residential services and/or corporate adult foster care. In addition to this moratorium exception, providers could consider transitioning to the newly-available integrated community supports service.

In recognition of the costs of adapting a service provider’s physical plan or business practices to deliver these different services, the 2023 Minnesota Legislature passed a temporary grant to support providers through this transition (2023 Laws of Minnesota, Chapter 61, Article 1, Section 75). In order to be eligible for this grant, providers must meet both of the following qualifications:

a) Operate a setting that is in the process of transition, or has transitioned, from customized living or 24-hour customized living, to community residential services or integrated community supports on or after June 30, 2021.

b) The customized living setting must have served six or fewer people in a single-family home.

One-time grants to support transition activities are available to eligible providers in amounts up to $50,000 per eligible setting.

2. Scope of Work

2.1 Overview

This RFP provides background information and describes the services desired by STATE. It describes the requirements for this procurement and specifies the contractual conditions required by the STATE. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

The STATE is seeking an organization to manage all aspects of the customized living provider transition grants. The STATE is seeking a Responder who will:

· Develop an application process that allows eligible service providers to apply for transition grants up to $50,000 per setting. The application process must close on June 30, 2024.

· Use information provided by STATE to determine eligibility of each service provider and setting that applies for the grant.

· Negotiate grant contracts with eligible service providers.

· Complete provider site visits to confirm grant contract work is completed as described.

· Pay contracted providers according to terms identified in each grant contract.

· Provide quarterly reports to STATE that include critical information related to ongoing administration of the transition grant program.

As part of the transition grant program, the STATE will:

· Work collaboratively with the selected Responder to ensure contract requirements are met.

· Provide information to the selected Responder to assist in determining service provider eligibility for transition grants.

· Provide guidance to the selected Responder if questions related to administration of the grant program arises.

· Review reports submitted by the selected Responder.

2.2 Tasks and Deliverables

Responders should address the following tasks and deliverables in their proposal and include how they will achieve these outcomes. The selected Responder shall implement the customized living provider transition grants. This includes:

· Develop and implement an online application process that allows eligible service providers to apply for transition grants.

· The application will require applicants to:

· Attest that they meet grant eligibility criteria.

· Identify the number of settings they are applying for and the address of those settings.

· Describe what grants funds will be used for, including itemized costs.

· Provide a timeline and workplan for the identified activities.

· Respond to questions in a timely manner from potential applicants during the open application process.

· Review applications on a rolling basis through June 30, 2024. Successful applications will:

· Include settings that are eligible as identified on the STATE-provided list.

· Identify activities that will either:

· Allow the identified setting to achieve compliance with physical plan licensing requirements; or

· Support the provider in modifying business practices when transitioning from customized living services to community residential services, adult foster care, or integrated community supports.

· Provide cost estimates that reflect realistic costs associated with the activities described in the application.

· Provide a realistic timeline and workplan to complete the activities described in the application.

· Negotiate grant contracts with eligible service provider that apply and comply with all state of Minnesota procurement requirements. Grants can be entered into by Responder, on behalf of the State, on a rolling basis.

· Complete one site visit with each contractor to ensure that work was completed successfully and as described.

· Render payment to contractors as described in each grant contract.

· Write and submit quarterly reports to STATE. Reports will provide, at minimum:

· Identification of successful applicants.

· A brief description of each successful applicant’s grant activities.

· The amount of funding awarded to each successful applicant.

· The amount of funding paid to each successful applicant.

· Identification of applicants that applied, but were not approved, as well as the justification for the non-approval.

3. Proposal Requirements Proposals must conform to all instructions, conditions, and requirements included in this RFP. Responders are expected to examine all documentation and other requirements. Failure to observe the terms and conditions in completion of the proposal is at the Responder’s risk and may, at the discretion of the STATE, result in disqualification of the Proposal for nonresponsiveness. Acceptable Proposals should address all services identified in Section 2, “Scope of Work,” agree to the contract conditions specified throughout the RFP, and include all of the items referenced in the Required Statements and Applicable Forms sections. Responder must also agree to the terms and conditions in the attached sample contract unless specifically making an exception pursuant to Required Form specified in 3.3b.

3.1 Proposal Contents

Responses to this RFP must consist of all following components. Each of these components must be separate from the others and identified with labeled tabs. The Cost Proposal must be submitted in SWIFT as a separate document from the Technical Proposal.

Proposal Components

1. Table of Contents

2. Technical Proposal Requirements

a. Proposed Work Plan (Deliverables, work plan, and project management approach)

b. Relevant Responder Experience/Résumés of Lead Responder Staff

3. Statements and Forms

a. Responder Information and Declarations (Attachment A)

b. Exceptions to Terms and Conditions (Attachment B)

c. Accessibility and VPAT

d. Information Security Questions Form (DHS-7895-ENG)

4. Cost Proposal (Attachment C) (Submit as a separate document from the Technical Proposal)

3.2 Technical Proposal Requirements

The following will be considered minimum requirements of the Technical part of the Proposal. The emphasis should be on completeness and clarity of content.

1. Proposed Work Plan: The Responder should provide a description of the deliverables to be provided along with a detailed work plan that identifies how the major tasks are to be accomplished. The work plan should provide sufficient information to be used as a scheduling and managing tool, as well as the basis for invoicing. This document should NOT list cost detail. If cost detail is included in this document, the STATE may disqualify the proposal as non-responsive. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract. Responder should include proposed staffing for the project.

2. Relevant Responder Experience; Resumes of Lead Responder Staff: The Responder should demonstrate the length, depth, and applicability of prior experience with the State’s grant process. This component of the Proposal must include previous experiences that will demonstrate the Responder's ability to deliver the services requested in this RFP. Responder should also provide a narrative description of the actual services that Responder has experience with. Describe what role, if any, staff proposed for this project had in the referenced service.

The Responder should also demonstrate the skill and experience of proposed lead staff by submitting their resumes. Resumes should describe the education, professional affiliations, and other relevant background of the lead staff to be assigned to this project. No change in the successful Responder’s personnel assigned to this project will be permitted without the prior approval of the State Program Manager. Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to included personal contact information, please clearly indicate in the response that personal contact information is being provided.

3.3 Required Statements and Forms

The following forms are required statements that must be completed and included with your Proposal. Submit the completed forms, as required, in the “Required Statements and Forms” section of your Proposal. Failure to submit a Required Statement or to use the most current forms found in eDocs or attached to this RFP is at the Responder’s risk and may, at the discretion of STATE, result in disqualification of the proposal for nonresponsiveness.

a. Responder Information and Declarations (Attachment A): Complete and submit the “Responder Information and Declarations” form, which includes noncollusion and lobbying provisions. If you are required to submit additional information as a result of the declarations, include the additional information as part of this form. The Responder may fail the Required Statements Review in the event that the Responder does not affirmatively warrant to any of the warranties in the Responder Information and Declarations. Additionally, STATE reserves the right to fail a Responder in the event the Responder does not make a necessary disclosure in the Responder Information and Declarations or makes a disclosure which evidences a conflict of interest.

b. Exceptions to Sample Contract and RFP Terms (Attachment B): The contents of this RFP and the Proposal(s) of the successful Responder(s) may become part of the final contract if a contract is awarded. Responders who object to any condition of this RFP or STATE’s sample contract terms and conditions (attached as Appendix A) must note the objection(s) on the Exceptions to Sample Contract and RFP Terms and Conditions form. Much of the language reflected in the sample contract is required by statute. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

c. Accessibility and VPAT Information Any information systems, tools, information content, and/or work products, including the response to this solicitation/contract, applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial off-the-shelf (COTS) or custom, purchased or developed, must comply with the State of Minnesota Accessibility Standard effective September 1, 2010, as updated on June 14, 2018. This standard requires in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D.

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard.[footnoteRef:1] (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration. [1: https://mn.gov/mnit/about-mnit/accessibility/]

For both information technology deliverables/services and for commercial, off-the-shelf software (COTS), Responders should submit copies of or links to the Voluntary Product Accessibility Template (VPAT) for its product, as well as additional relevant information to aid in evaluating how Responders address accessibility. Information about the VPAT and VPAT templates can be found at the MN.IT Procurement Accessibility website[footnoteRef:2], under the “Products” tab. [2: https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp]

d. Information Security Questions Form (DHS-7895-ENG)[footnoteRef:3]: [3: https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7895-ENG]

Each Responder must complete the Information Security Questions form and submit with its Proposal. STATE’s Office of Information Security may ask for additional information from successful Responders based on this form.

e. Human Rights Compliance:

i. Workforce Certificate Information: (Applies if a resulting contract will be in excess of $100,000). Responders are required to complete and submit the Workforce Certificate Declaration form[footnoteRef:4] with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain a Workforce Certificate from MDHR prior to contract execution. Minnesota Department of Human Rights’ (MDHR) Workforce Certificate instructions and Application Form can be obtained at this link.[footnoteRef:5] [4: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [5: https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.]

ii. Equal Pay Certificate: Applies if a resulting contract will be in excess of $500,000). Responders are required to complete and submit the Equal Pay Declaration form[footnoteRef:6] with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate from MDHR prior to contract execution. MDHR’s Equal Pay Certificate instructions and Application Form can be obtained at this link.[footnoteRef:7] [6: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [7: https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.]

f. Veteran-Owned Preference Form (Attachment D): Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the STATE will award 12% preference points for certified small businesses that are majority owned and operated by veterans.

g. References Form (Attachment E):

Responder should complete and submit “Attachment E: Reference Form” for each reference it provides with its Proposal. Responder should submit reference forms with each reference’s company name and contact information. Once Responder’s Proposal is received, the RFP Administrator will send the same form to each of Responder’s reference(s) for each reference to answer the provided questions and return to the RFP Administrator.

The STATE reserves the right to verify the information submitted on Attachment E before an award is made. The STATE reserves the right to contact the references listed in Attachment E. The solicitation response will be rejected if the STATE, in its sole discretion, receives information that indicates the Responder is non-responsible or non-responsive.

4. RFP Process

4.1 Responders’ Questions

Responders’ questions regarding this RFP must be submitted prior to 4:00 p.m. Central Time on April 4, 2024. All questions must be sent via email to: colin.stemper@state.mn.us Other personnel are NOT authorized to discuss this RFP with Responders before the Proposal submission deadline. Contact regarding this RFP with any STATE personnel not listed above could result in disqualification. STATE will not be held responsible for oral responses to Responders.

Questions will be addressed in writing and distributed to all identified prospective Responders via an addendum to the RFP in SWIFT. Every attempt will be made to provide answers timely, within 5 days of receiving the question.

4.2 Proposal Submission

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (http://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

Interested Responders may begin preparing and entering their response into SWIFT as soon as they have downloaded the RFP. Electronic submissions to the STATE will be accepted beginning on the SWIFT Start Date for this RFP. Cost information must be loaded into the system as a separate document(s) from Responder’s technical response.

All Proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above will not be considered. The STATE shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the STATE.

NOTE: Responders must be registered vendors in the Statewide Integrated Financial Tool (SWIFT) system in order to submit a response to this RFP. Responders can register as a vendor by going to http://www.mmb.state.mn.us/vendorresources. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651-201-8100, Option 1.

Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the Responder.

5. Proposal Evaluation and Selection

5.1 Overview of Evaluation Methodology

1. All responsive Proposals received by the deadline will be evaluated by STATE. Proposals will be evaluated on “best value” as specified below. The evaluation will be conducted in three phases:

2. During the evaluation process, all information concerning the Proposals submitted, except for the name of the Responder(s), will remain non-public and will not be disclosed to anyone whose official duties do not require such knowledge.

5.2 Evaluation Team

1. An evaluation team will be selected to evaluate Responder Proposals.

2. STATE and professional staff, other than the evaluation team, may also assist in the evaluation process. This assistance could include, but is not limited to, the initial review of Proposals for responsiveness and pass/fail requirements, contacting of references, or answering technical questions from evaluators.

3. STATE reserves the right to alter the composition of the evaluation team and their specific responsibilities.

5.3 Evaluation Phases

It is important that the Responder ensure that all sections of the Proposal have been completed to avoid the possibility of failing an evaluation phase or having their score reduced for lack of information.

1. Phase I: Responsiveness and pass/fail requirements The purpose of this phase is to determine if each Proposal complies with mandatory requirements. The STATE will first review each proposal for responsiveness to determine if the Responder satisfies all mandatory requirements. The STATE will evaluate these requirements on a pass/fail basis.

Mandatory Requirements. The following will be considered on a pass/fail basis:

· Responses must be received by the due date and time specified in this RFP.

· Required Statements and Forms as listed in Section 3.3.

2. Phase II: Evaluation of Technical Requirements of Proposals Only those responses found to have met Phase 1 criteria will be considered in Phase 2.

The factors and weighting on which responses will be evaluated are:

b. The evaluation team will review the components of each responsive Proposal submitted. Each component will be evaluated on the Responder's understanding and the quality and completeness of the Responder's approach and solution to the problems or issues presented.

NOTE: Preference points are described under Solicitation Terms and will be applied to the total score after points have been awarded.

3. Phase III: Selection of the Successful Responder(s)

d. The STATE reserves the right to conduct a Best and Final Offer. The total scores for those Responders selected to submit additional information under the Best and Final Offer process may be revised as a result of the new information.

e. The evaluation team will make its recommendation based on the above-described evaluation process. The successful Responder(s), if any, will be selected approximately 30 days after the Proposal submission due date.

5.4 Contract Negotiations and Unsuccessful Responder Notice

The STATE will make its selection based on best value, as determined by the evaluation process described above. The STATE reserves the right to pursue negotiations on any exception taken to the STATE’s standard terms and conditions. In the event that negotiated terms cannot be reached, the STATE reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder or take other actions as the STATE deems appropriate. If the STATE anticipates multiple awards, the STATE reserves the right to negotiate with more than one Responder.

If a Responder(s) is selected, STATE will notify the successful Responder(s) in writing of their selection and STATE’s desire to enter into contract negotiations. Until STATE successfully completes negotiations with the selected Responder(s), all submitted Proposals remain eligible for selection by STATE. Data created or maintained by the STATE as part of the evaluation process will be public data when contract negotiations have been successfully completed. If the STATE determines that it is unlikely that a Responder will be selected for contract negotiations, the STATE may, as a courtesy, notify the Responder that it has not been selected for contract negotiations. After STATE and chosen Responder(s) have successfully negotiated a contract, STATE will notify the unsuccessful Responders in writing that their Proposals have not been accepted. All public information within Proposals will then be available for Responders to review, upon request.

6. Required contract Terms and Conditions All Responders must be willing to comply with all state and federal legal requirements regarding the performance of the contract. The requirements are set forth throughout this RFP and in the sample contract attached as Appendix A. The attached sample contract should be reviewed for the terms and conditions that will likely govern any resulting contract from this RFP. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

7. Solicitation Terms A. Competition in Responding The STATE desires open and fair competition. Questions from Responders regarding any of the requirements of the RFP must be submitted in writing to the RFP Administrator as described in section 4.2 of this RFP. If changes are made to the RFP, the STATE will issue an addendum.

Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

B. Addenda to the RFP Changes to the RFP will be made by addendum with notification and posted in the same manner as the original RFP. Any addenda issued will become part of the RFP.

C. Preparation Costs. STATE is not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contact will be done only to the extent the Responder voluntarily assumes risk of non-payment.

D. Joint Ventures The STATE allows joint ventures among groups of Responders when responding to the RFP. However, one Responder must submit a response on behalf of all the others in the group. The Responder that submits the response will be considered legally responsible for the response (and the contract, if awarded).

E. Withdrawing Response A Responder may withdraw its response prior to the due date and time of the RFP. For solicitations in the SWIFT Supplier Portal, a Responder may withdraw its response from the SWIFT Supplier Portal. For solicitations done any other way, a Responder may withdraw its response by notifying the RFP Administrator in writing of the desire to withdraw.

After the due date and time of this RFP, a Responder may withdraw a response only upon showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to RFP Administrator within a reasonable time and prior to the STATE’s detrimental reliance on the response.

F. Rights Reserved The STATE reserves the right to:

· Reject any and all responses received;

· Cancel the RFP at any time and for any reason with no cost or penalty to STATE.

· Not be liable for any errors in the RFP or other responses related to the RFP.

· Waive or modify any informalities, irregularities, or inconsistencies in the responses received;

· Duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal;

· Negotiate with the highest scoring Responder(s);

· Terminate negotiations and select the next response providing the best value for the STATE;

· Consider documented past performance resulting from a STATE contract may be considered in the evaluation process;

· Short list the highest scoring Responders;

· Require Responders to conduct presentations, demonstrations, or submit samples;

· Interview key personnel or references;

· Request a Best and Final Offer from one or more Responders;

· Request additional information; and

· Use estimated usage or scenarios, modify scenarios and request or add additional scenarios for the purpose of conducting pricing evaluations.

G. Samples and Demonstrations Upon request, Responders are to provide samples to the STATE at no charge. Except for those destroyed or mutilated in testing, the STATE will return samples if requested and at the Responder’s expense. All costs to conduct and associated with a demonstration will be the sole responsibility of the Responder.

H. Responses are Nonpublic during Evaluation Process All materials submitted in response to this RFP will become property of the STATE. During the evaluation process, all information concerning the responses submitted will remain private or nonpublic and will not be disclosed to anyone whose official duties do not require such knowledge. Responses are private or nonpublic data until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the STATE having completed negotiating a contract with the selected Responder. The STATE will notify all Responders in writing of the evaluation results.

I. Trade Secret Information Responders must not submit trade secret material as part of their response, as defined by Minn. Stat. § 13.37.

In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the STATE, its agents and employees, from any judgements awarded against the STATE in favor of the party requesting the data, and any and all costs connect with that defense.

The STATE does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.

A Responder may present and discuss trade secret information during an interview or demonstration with the STATE, if applicable.

J. Conditions of Offer Unless otherwise approved in writing by the STATE, Responder’s cost proposal and all terms offered in its response that pertain to the completion of professional and technical services and general services will remain firm for 180 days, until they are accepted or rejected by the STATE, or they are changed by further negotiations with the STATE prior to contract execution.

K. Award Any award that may result from this RFP will be based upon the total accumulated points as established in the RFP. The STATE reserves the right to award this RFP to a single Responder, or to multiple Responders, whichever is in the best interest of the STATE, providing each Responder is in compliance with all terms and conditions of the RFP. The STATE reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re-issue the solicitation, whichever is in the best interest of the STATE.

L. Requirements Prior to Contract Execution Prior to contract execution, a Responder receiving a contract award must comply with any submittal requests. A submittal request may include, but is not limited to, a Certificate of Insurance.

M. Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the STATE as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 12% percent of the total points available as preference.

For TG/ED/VO certification and eligibility information visit the Office of Equity in Procurement website at https://mn.gov/admin/business/vendor-info/oep/ or call the Division’s Helpline at 651.296.2600.

N. Reciprocity STATE shall comply with Minn. Stat. § 16C.06, subd. 7, as that applies to a non-resident vendor. This paragraph does not apply for any project in which federal funds are expended.

O. Geographical Location of Work All services under this contract shall be performed within the borders of the United States, except as may be otherwise required by the World Trade Organization Government Procurement Agreement of 1996[footnoteRef:8]. This includes all storage and processing of information and work performed by subcontractors at all tiers. [8: The World Trade Organization Government Procurement Agreement of 1996 (WTO-GPA), signed by the United States and 27 other countries, is designed to open up as much business as possible to international competition. To that end, the member nations have agreed that they and their sub-central governments (states, provinces, prefectures, departments) will not discriminate against foreign products or suppliers of services when those products or services exceed an agreed upon threshold amount, which is currently $558,000. In the case of this RFP, a contract would have to exceed the threshold amount ($558,000) in order to be subject to the WTO-GPA requirement.

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Appendix A: Sample State Professional technical Contract

Minnesota Department of Human Services Professional Technical Contract This Contract, and all amendments and supplements to the contract (“CONTRACT”), is between the State of Minnesota, acting through its Department of Human Services, Disability Services Division (“STATE”) and Click here to contractor name, an independent contractor, not an employee of the State of Minnesota, located at Click here to enter physical address (“CONTRACTOR”).

RECITALS

Under Minnesota Statutes, sections 15.061 and 256.01, subdivision 2(a)(6) and 2023 Laws of Minnesota, Chapter, 61, Article 1, Section 75, the STATE has authority to enter into contracts to provide services and engage in activities as necessary to carry out its mission.

STATE is in need of the following services: Administration of all aspects of a grant program that supports small assisted living providers that are transitioning to new services.

CONTRACTOR represents that it is duly qualified and willing to perform the services set forth in this CONTRACT to the satisfaction of STATE.

The parties agree as follows:

CONTRACT:

1. CONTRACT TERM AND SURVIVAL OF TERMS.

1.1. Effective date: This CONTRACT is effective on Click here to enter date, or the date that STATE obtains all required signatures under Minnesota Statutes, section 16C.05, subdivision 2, whichever is later. CONTRACTOR may not begin work under this CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been obtained and CONTRACTOR is notified to begin work by STATE's Authorized Representative.

1.2. Expiration date. This CONTRACT is valid through Click here to enter date, or until all obligations set forth in this CONTRACT have been satisfactorily fulfilled, whichever occurs first.

1.3. No performance before notification by STATE. CONTRACTOR may not begin work under this CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been obtained per Minn. Stat. § 16C.05, subd. 2, and CONTRACTOR is notified to begin work by STATE's Authorized Representative.

1.4. Survival of terms. CONTRACTOR shall have a continuing obligation after the expiration of CONTRACT to comply with the following provisions of CONTRACT: Indemnification; Information Privacy and Security; Intellectual Property Rights; State audits; Contractor Data Disclosure; Publicity; and Jurisdiction and Venue.

1.5. Time is of the essence. CONTRACTOR will perform its duties within the time limits established in CONTRACT unless it receives written approval from STATE. In performance of CONTRACT, time is of the essence.

2. CONTRACTOR'S DUTIES.

2.1. CONTRACTOR shall perform duties in accordance with Attachment A, Work Plan, which is attached and incorporated into this CONTRACT.

2.2. Accessibility. Any information systems, tools, content, and work products produced under this CONTRACT, including but not limited to software applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial, off-the-shelf (COTS) or custom, purchased or developed, must comply with the State of Minnesota Accessibility Standard,[footnoteRef:9] as updated on June 14, 2018. This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D. [9: https://mn.gov/mnit/about-mnit/accessibility/]

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard and any documents, reports, communications, etc. contained in an electronic format that CONTRACTOR delivers to or disseminates for the STATE must be accessible. (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and STATE may withhold payment pursuant to clause 3.2(a) of CONTRACT.

3. CONSIDERATION AND TERMS OF PAYMENT.

3.1 Consideration. STATE will pay for all services satisfactorily provided by CONTRACTOR under this CONTRACT.

3.2. Payment.

☐ Ten percent (10%) of the total amount of each invoice submitted by CONTRACTOR for payment. The retained balance due will be paid when the STATE determines that the CONTRACTOR has satisfactorily fulfilled all the terms of this contract.

3.3. Payments to subcontractors. (If applicable) As required by Minn. Stat. § 16A.1245, CONTRACTOR must pay all subcontractors, within ten (10) calendar days of CONTRACTOR’s receipt of payment from STATE for undisputed services provided by the subcontractor(s) and must pay interest at the rate of 1-1/2 percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).

4. CONDITIONS OF PAYMENT.

All services provided by CONTRACTOR pursuant to this CONTRACT shall be performed to the satisfaction of STATE, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations including business registration requirements of the Office of the Secretary of State. CONTRACTOR shall not receive payment for work found by STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation.

5. AUTHORIZED REPRESENTATIVES AND RESPONSIBLE AUTHORITY.

5.1. STATE. STATE's authorized representative for the purposes of administration of this CONTRACT is Click here to enter name or successor. Phone and email: Click here to enter text. This representative shall have final authority for acceptance of CONTRACTOR's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to clause 3.2.a.

5.2. CONTRACTOR. CONTRACTOR’s Authorized Representative is Click here to enter name or successor. Phone and email: Click here to enter text If CONTRACTOR’s Authorized Representative changes at any time during this CONTRACT, CONTRACTOR must immediately notify STATE.

5.3. Information Privacy and Security. (If applicable) CONTRACTOR’s responsible authority for the purposes of complying with data privacy and security for this CONTRACT is Click here to enter name or successor. Phone and email: Click here to enter text.

6. CANCELLATION.

6.1. For cause or convenience. This CONTRACT may be canceled by the STATE or the Minnesota Commissioner of Administration at any time, with or without cause, upon thirty (30) days written notice to the CONTRACTOR. In the event of such a cancellation, CONTRACTOR will be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed.

6.2. Insufficient funds. STATE may immediately terminate this CONTRACT if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination will be by written notice to CONTRACTOR. STATE is not obligated to pay for any services that are provided after the effective date of termination. CONTRACTOR will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. STATE will not be assessed any penalty if the CONTRACT is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. STATE must provide CONTRACTOR notice of the lack of funding within a reasonable time of STATE’s receiving that notice.

6.3. Breach. Notwithstanding clause 6.1, upon STATE’s knowledge of a curable material breach of the CONTRACT by CONTRACTOR, STATE shall provide CONTRACTOR written notice of the breach and ten (10) days to cure the breach. If CONTRACTOR does not cure the breach within the time allowed, CONTRACTOR will be in default of this CONTRACT and STATE may cancel the CONTRACT immediately thereafter. If CONTRACTOR has breached a material term of this CONTRACT and cure is not possible, STATE may immediately terminate this CONTRACT.

7. INDEMNIFICATION.

In the performance of this CONTRACT by CONTRACTOR, or CONTRACTOR’s agents or employees, CONTRACTOR must indemnify, save, and hold harmless the STATE, its agents and employees, from any claims or causes of action, including attorney’s fees incurred by STATE, to the extent they are caused by CONTRACTOR’s:

a. Intentional, willful, or negligent acts or omissions;

b. Actions that give rise to strict liability; or

c. Breach of contract or warranty.

The indemnification obligations of this clause do not apply in the event the claim or cause of action is the result of STATE’s sole negligence. This clause will not be construed to bar any legal remedies CONTRACTOR may have for STATE’s failure to fulfill its obligation under this CONTRACT.

8. INFORMATION PRIVACY AND SECURITY.

1. It is expressly agreed that STATE will not be disclosing or providing information protected under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) as “not public data” on individuals to CONTRACTOR under this Contract. “Not public data” means any data that is classified as confidential, private, nonpublic, or protected nonpublic by statute, federal law or temporary classification. Minn. Stat. § 13.02, subd. 8a.

2. It is expressly agreed that CONTRACTOR will not create, receive, maintain, or transmit "protected health information", as defined in the Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. § 160.103, on behalf of STATE for a function or activity regulated by 45 C.F.R. 160 or 164. Accordingly, CONTRACTOR is not a "business associate" of STATE, as defined in HIPAA, 45 C.F.R. § 160.103 as a result of, or in connection with, this CONTRACT. Therefore, CONTRACTOR is not required to comply with the privacy provisions of HIPAA as a result of, or for purposes of, performing under this CONTRACT. If CONTRACTOR has responsibilities to comply with the Data Practices Act or HIPAA for reasons other than this CONTRACT, CONTRACTOR will be responsible for its own compliance.

3. Notwithstanding paragraph a. and b., in its capacity as CONTRACTOR under this CONTRACT, CONTRACTOR must comply with the provisions of the Data Practices Act as though it were a governmental entity as defined by the Data Practices Act. CONTRACTOR will be performing functions of a government entity under Minn. Stat. § 13.05, subd. 11, and thus any data created, collected, received, stored, used, maintained or disseminated by CONTRACTOR in performing its duties under this contract is subject to the protections of the Data Practices Act. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Data Practices Act, Minn. Stat., ch. 13, by either CONTRACTOR or STATE.

4. In its capacity as CONTRACTOR under this contract, CONTRACTOR is being made an agent of the “welfare system” as defined in Minn. Stat.