Minnesota Department of Children, Youth, and Families, Child Care Services Division

Request for Proposals for a Contractor to Provide a Cost of Child Care Analysis

Date of Publication in SWIFT: October 7, 2026 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) Page 2 Rev. 7.3.2024

Table of Contents

1. INTRODUCTION

1.1 Objective of RFP

1.2 Proposal Due Date

1.3 Background

2. SCOPE OF WORK

2.1 Overview……………………………………………………………………………………………………………..…

2.2 Tasks/Deliverables

3. PROPOSAL FORMAT

3.1 Proposal Contents……………………………………………………………………………………

3.2 Proposal Requirements

3.3 Required Statements and Forms

4. RFP PROCESS

4.1. Responders’ Questions

4.2. Proposal Submission

5. PROPOSAL EVALUATION AND SELECTION

5.1. Overview of Evaluation Methodology

5.2. Evaluation Team

5.3. Evaluation Phases

5.4. Contract Negotiations and Unsuccessful Responder Notice

6. REQUIRED CONTRACT TERMS AND CONDITIONS

7. SOLICITATION TERMS

APPENDIX A Sample Professional Technical Contract ATTACHMENT A Responder Information and Declarations ATTACHMENT B Exceptions to State’s Terms and Conditions ATTACHMENT C Cost Proposal ATTACHMENT D Reference Form RFP Summary

Important Dates:

RFP Published: October 7, 2026 Questions Due:October 12, 2026 4PM CST Proposals Due: SWIFT EVENT END

Anticipated Selection of Successful Responder(s): November 18, 2026 Anticipated Start of Contract: Winter 2026 Anticipated End of Contract: June 30, 2028 Anticipated Extensions: July 1, 2029; July 1, 2030; July 1, 2031

State Contact: Linda Vang, linda.vang@state.mn.us

Request for Proposals Page 2

1. Introduction

1.1 Objective of RFP

The Minnesota Department of Children, Youth, and Families, through its Child Care Services Division (STATE), is seeking proposals from qualified Responders to conduct an analysis of the estimated cost of providing child care in Minnesota. 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

The STATE is responsible for administering the Child Care Assistance Program (CCAP), funded in part through the Child Care and Development Block Grant (CCDBG) Act and the Child Care and Development Fund (CCDF). Subsidies provided through CCAP assist families in paying for child care so that low-income parents can work or attend training and education programs.

CCDBG and CCDF rules require states to either replace or augment market rate surveys with alternative cost-based methodologies such as cost-estimation models or cost studies. States are required to include the use of alternative methodologies, including a narrow cost analysis, when setting payment rates, and to demonstrate that their payment rates consider the costs associated with higher-quality care. States have historically set reimbursement rates for child care subsidies based on market prices obtained via market rate surveys. Child care market prices, however, often do not reflect the actual costs of providing care, especially high-quality care. Financial constraints of parents prevent child care providers from setting their prices to cover the full cost of providing high-quality child care, which is unaffordable for many families. As a result, a market rate survey may not provide sufficient information to assess the actual cost of quality care. Cost estimation models, including a narrow cost analysis, provide additional information that can be used to fill in gaps in knowledge about how much it costs child care providers to deliver the high-quality care needed to promote healthy child development.

Cost estimation models or cost calculators are designed to account for the true cost of care, as it may vary by quality level, program type, age groups, program size, geographic location, and other factors. Cost data can be collected through a variety of sources, including surveys, interviews, focus groups, early care and education wage scales, and secondary data sources.

Resources related to Minnesota’s child care market prices and costs:

· Minnesota Child Care Cost Modeling Report is Minnesota’s 2023 published cost analysis.

· Child Care Assistance and Cost-Based Rate Setting report is a legislative report developed to outline how Minnesota might use cost analysis data to inform child care subsidy rates.

· Final Report for the 2024 Child Care Market Price Analysis is a summary of Minnesota’s child care market rate survey process and the 2024 results.

· Child Care and Early Education Professional Wage Scale and Comparable Competencies legislative report, which provides recommendations for the structure and implementation of an early care and education wage scale that could be used to help inform child care subsidy payment rates.

· ACF-OCC-CCDF-PI-25-04 is 2025 Program Instruction from the Office of Child Care that provides guidance for Lead Agencies on using cost-based methods to set subsidy payment rates.

· A Narrow Cost Analysis Tip Sheet is list of resources regarding narrow cost analyses, including a non-exhaustive list of methodology options provided by the federal Office of Child Care.

· Current standard maximum subsidy rates were established on January 6, 2025. These rates are based on the 75th percentile of the 2024 Market Rate Survey. More information on the recent rate increase can be found in this document of Frequently Asked Questions.

· Fifteen and twenty percent quality differential maximums established on January 6, 2025, can be paid to providers holding some accreditations or educational credentials and those with 3 or 4 star ratings from Parent Aware, Minnesota’s child care quality rating and improvement system.

· General information on the Child Care Assistance Program for families and providers. The program is administered and the child care market rate survey is conducted in accordance with Minnesota Statutes, Chapter 142E, Child Care Assistance Program.

· Information on the legislative directive to combine Minnesota’s Child Care Assistance Program and Early Learning Scholarships program under the Great Start Scholarships Program, by July 1, 2028.

2. Scope of Work

2.1 Overview

In accordance with federal guidelines, the selected Responder will conduct an analysis of the estimated cost of child care in Minnesota, taking into consideration the cost of higher-quality care. STATE expects the selected Responder to plan for a new study, and collect and analyze new data on time during the contract period, including potential contract extensions.

The selected Responder will prepare a report on the results of the analysis. Analysis and reporting related to legislative, policy, or financial requests can occur at any time during the contract period. During years that the selected Responder does not collect and analyze new data, contract duties may require the selected Responder to analyze previous data sets. The selected Responder must have sufficient statistical and methodological expertise as well as deep knowledge of the child care market in Minnesota. The selected Responder must also have sufficient reporting expertise to provide integrated results in a variety of formats.

The selected Responder must ensure that the cost study produces statistically valid and reliable results, providing complete and current data and using rigorous data collection procedures that reflect variation by geography, type of care, ages served, and quality of care. The selected Responder must include information on costs tied to providing services to families who are economically disadvantaged or are racially/ethnically diverse, including special considerations for Tribal Nations.

2.2 Tasks and Deliverables

The selected Responder will conduct an analysis of the estimated cost of providing child care including any variation by geographic location, type of care, age of child, and quality of care. The analysis will estimate costs tied to providing child care services to families who are economically disadvantaged and expenditures targeted at closing achievement gaps, serving children who are racially/ethnically diverse, or meeting the cultural and linguistic needs of children in Minnesota. The analysis will include costs experienced by Tribally-licensed or Tribally-operated child care programs. The analysis will estimate the direct and indirect costs necessary to support child care providers’ implementation of health and safety standards, staffing requirements, the provision of quality care, and other expenditures. Potential methods for collecting data are cost surveys, cost models or calculators, or a hybrid approach. The selected Responder will provide recommendations for improving the approach to analyzing and reporting on cost data, and may suggest innovative methods to capture child care provider costs and revenues. The selected Responder will offer expertise on how cost data can be used to inform maximum reimbursement rates for the Child Care Assistance Program.

STATE will use the reports generated through any contract resulting from this RFP to: (1) meet the requirements of Minnesota’s federal Child Care and Development Fund plan; (2) help evaluate the maximum rates that the Child Care Assistance Program can pay to child care providers, including specific rates that the STATE could use in cost-based rate setting; and (3) respond to legislative data requests, evaluate policy proposals, and review administrative practices.

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 sections. 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 (Qualifications/experience of personnel working on the project)

c. Diversity, Equity, and Inclusion

3. Statements and Forms

a. Responder Information and Declarations (Attachment A)

b. Exceptions to State’s Terms and Conditions (Attachment B)

5. 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 in providing the requested services. This component of the Proposal must include previous experiences and current working relationships with Minnesota’s child care community 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 include personal contact information, please clearly indicate in the response that personal contact information is being provided.

3. Diversity, Equity, and Inclusion: The Responder should demonstrate an understanding of the structural inequities in the child care sector and integration of equity principles into the cost modeling methodology. Responder should demonstrate consideration of historically marginalized groups (including small providers, rural programs, family child care programs, and providers of color) in outreach strategies and analysis plans. This includes plans for culturally-responsive engagement with child care providers (e.g., language access, compensation for participation, et cetera).

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 (search for the form numbers referenced below at the eDocs[footnoteRef:1] link, or paste the form file path name found in the footnotes below to your browser) 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. [1: http://mn.gov/dhs/general-public/publications-forms-resources/edocs/index.jsp]

a. Responder Information and Declarations DHS-7020-ENG[footnoteRef:2] (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. [2: https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7020-ENG ]

b. Exceptions to Sample Contract and RFP Terms DHS-7019-ENG[footnoteRef:3] (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. [3: https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7019-ENG ]

c. Human Rights Compliance:

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 ]

d. References Form (Attachment D):

Responder must complete and submit “Attachment D: Reference Form” with its Proposal. Responder should submit a minimum of three references and ensure that each reference company answers every question and provides all information requested on the reference form. Failure to meet this requirement may result in the rejection of the entire solicitation response as non-responsive.

The STATE reserves the right to verify the information submitted on Attachment D before an award is made. The STATE reserves the right to contact the references listed in Attachment D. 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 October 12, 2026. All questions must be sent via email to: Linda Vang, linda.vang@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 seven business 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.

· Completed Responder Information and Declarations (Attachment A)

· Completed Exceptions to Terms and Conditions (Attachment B)

· Three Completed References (Attachment D)

· Minnesota Workforce Declaration Page (Affirmative Action)

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

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

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 two weeks 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. Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.

D. 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.

E. 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).

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. Resulting Contracts Any contract 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 contract with a single Responder or 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.

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

N. 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:6]. This includes all storage and processing of information and work performed by subcontractors at all tiers. [6: 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 Children, Youth, and Families 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 Children, Youth, and Families, Click here to enter division name 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 142A.03, subdivision 2(e)(6) Click here to enter additional authority, 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: Click here to enter services.

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

STATE will share the following Protected Information:

STATE’s purpose for Sharing Protected Information and Expected Outcomes is:

STATE is permitted to share Protected Information with CONTRACTOR in accordance with Minnesota Statutes, section 13.46.

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. Duties. 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 Minnesota State Accessibility Standard (mn.gov),[footnoteRef:7] as updated on July 1, 2024. This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 (Level AA) and Section 508 of the Rehabilitation Act of 1973. [7: 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.

☐ [OPTION B:] Withholding payment on invoices at the beginning of this CONTRACT until the withheld amount equals ten percent (10%) of the total obligation amount. Once the withheld payments equal ten percent (10%) of the total obligation amount, future invoices related to this CONTRACT will be paid in full after STATE’S Authorized Representative approves the work associated with each invoice. The retained balance due will be paid when STATE determines that CONTRACTOR has satisfactorily fulfilled all the terms of this CONTRACT.

Pass-through requirements. CONTRACTOR acknowledges that, if it is a subrecipient of federal funds under this CONTRACT, CONTRACTOR may be subject to certain compliance obligations. CONTRACTOR can view these obligations in the Health and Human Services Grants Policy Statement,[footnoteRef:9] in addition to specific public policy requirements related to the federal funds here. To the degree federal funds are used in this CONTRACT, STATE and CONTRACTOR agree to comply with all pass-through requirements, including each party’s auditing requirements as stated in 2 C.F.R. § 200.332 (Requirements for pass-through entities)[footnoteRef:10] and 2 C.F.R. §§ 200.501-521 (Subpart F – Audit Requirements).[footnoteRef:11] [9: https://www.hhs.gov/sites/default/files/hhs-grants-policy-statement-october-2024.pdf] [10: https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR031321e29ac5bbd/section-200.332] [11: https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-F/subject-group-ECFRfd0932e473d10ba?toc=1

1. CONTRACTOR (subrecipient) Name: Click here to enter name (Must match the name associated with the Unique Entity Identifier.)

2. CONTRACTOR Unique entity identifier (UEI). CONTRACTOR’s UEI is Click here to enter number. Effective April 4, 2022, the Unique Entity Identifier is the 12-character alphanumeric identifier established and assigned at SAM.gov to uniquely identify business entities and must match CONTRACTOR’s name.

3. Federal Award Identification Number (FAIN): Click here to enter number

4. Federal Award Date: Click here to enter date (The date of the award to the MN Dept. of Human Services.)

5. CONTRACT (Subaward) Period of Performance: Start date: See Section 1.1 above. End date: See Section 1.2 above.

6. CONTRACT (Subaward) Budget Period Start and End Date: Click here to enter date.

7. Amount of federal funds obligated to CONTRACTOR (subrecipient) in this CONTRACT: $Click here to enter amount

8. Total Amount of federal funds obligated to CONTRACTOR (subrecipient) by STATE, including the current CONTRACT: $Click here to enter amount

9. Total Amount of the Federal Award from which the funds to the CONTRACTOR (subrecipient) are drawn: $Click here to enter amount

10. Federal Award Project description: Click here to enter text

11. Name:

a. Federal Awarding Agency: Click here to enter text

b. Pass through entity: MN Dept. of Human Services (DHS)

c. Name and Contact information of DCYF’s awarding official: Click here to enter name and contact information of authorized representative

12. Assistance Listings Number & Name: (formerly known as CFDA No.) Click here to enter number, Click here to enter title, Click here to enter total amount made available at time of disbursement

13. Is this federal award related to research and development?: ☐ Yes ☐ No

14. Indirect Cost Rate for this federal award is: Click here to enter rate including if the de minimis rate is charged.

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; and 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. TERMINATION.

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

6.2. Insufficient funds.