3-Stop Loss RFP Final.pdf

METROPOLITAN AIRPORTS COMMISSION

Minneapolis – Saint Paul International Airport

6040 – 28th Avenue South, Minneapolis, MN 55450-2799 Phone (612) 726-8100

REQUEST FOR PROPOSALS

Stop Loss Administration

Date Issued: July 15, 2026

Questions/Request for Addendum must be received by: July 22, 2026

PROPOSALS MUST BE RECEIVED BY: August 3, 2026

The Metropolitan Airports Commission is an affirmative action employer.

Reliever Airports:

AIRLAKE * ANOKA COUNTY/BLAINE * CRYSTAL * FLYING CLOUD * LAKE ELMO * SAINT PAUL

DOWNTOWN

TABLE OF CONTENTS

Contents

I. INTRODUCTION

II. NATURE OF SERVICES REQUIRED

A. Scope of Work B. Key Business Terms C. Minimum Qualifications D. Evaluation Criteria E. Pricing/Selection Process F. Insurance G. References H. Certificate of Compliance I. Equal Pay Certificate [For contracts anticipated to be in excess of $500,000]

III. ESTIMATED PROJECT TIMELINE

IV. GENERAL TERMS AND CONDITIONS

Exhibit A – Proposal Acknowledgement Form Exhibit B– MAC Affidavit of Non-Collusion Exhibit C– Reference Form Attachment 1: Response Documents Attachment 2: Intent to Bid Instructions Attachment 3: Non-Public Data Forms Attachment 4: Insurance Requirements Attachment 5: W-9 Tax ID Form Attachment 6: MAC Standard Contract Provisions

Stop Loss Administration RFP

I. INTRODUCTION

The Metropolitan Airports Commission (MAC) was created by the Minnesota State Legislature in 1943 as a public corporation. Its purpose is to promote air navigation and transportation in and through Minnesota, promote the efficient, safe and economical handling of air commerce, assure the inclusion of the state in national and international programs of air transportation and, to those ends, develop the full potentialities of the Twin Cities metropolitan area as an aviation center. It has the responsibility to assure residents minimal environmental impact from air navigation and transportation, promote the overall goals of the state’s environmental policies and minimize the public’s exposure to noise and safety hazards around airports.

MAC owns and operates one of the nation’s largest airport systems. It includes Minneapolis-St. Paul International and six (6) general aviation airports. The MAC’s airports connect the region to the world and showcase Minnesota’s extraordinary culture to millions of passengers from around the globe who arrive or depart through MSP each year. Though a public corporation of the state of Minnesota, the organization is not funded by income or property taxes. Instead, the MAC’s operations are funded by rents and fees generated by users of its airports.

MAC is governed by a board of fifteen commissioners. The Governor of the State of Minnesota appoints eight commissioners from designated districts within the Twin Cities metropolitan area. The Governor also appoints four commissioners from outside the metropolitan area and the board chair. The mayors of St. Paul and Minneapolis have seats on the board with the option to appoint a representative to serve in their place.

More detailed information about MAC can be found at its web site, www.metroairports.org.

II. NATURE OF SERVICES REQUIRED

A. Scope of Work

The MAC is soliciting proposals for stop loss insurance coverage on our medical & pharmacy plan administered through BCBS. Currently, MAC has a specific stop loss deductive of $350,000 and an excess corridor of $100,000. The aggregate stop loss attachment point is 125%. Stop loss is currently structured on a per contract basis (not per member). No laser provisions apply and there is a terminal liability option.

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 http://www.metroairports.org/

Both medical and Rx are included and the annual maximum is unlimited. There are currently 2378 members under the medical plan consisting of employees, retirees, commissioners and their eligible dependents.

As a public entity, Metropolitan Airports Commission (MAC) is required to go out to bid at least every 5 years on their stop loss contracts. MAC has retained Holmes Murphy to assist in preparing a Request for Proposal (RFP) to obtain formal quotes for the 2027 contract period.

MAC welcomes submittals from all proposers meeting the enclosed RFP prerequisites. There is no requirement that a vendor have previous work experience with the MAC, and the review team will conduct an unbiased evaluation of all submittals.

Background

The MAC currently has medical plan administration through BCBSMN and Prime Therapeutics for pharmacy administration. BCBS currently provides stop loss insurance. In addition, all medical enrollees have EyeMed vision benefits and employees have access to Nice Healthcare to help reduce the cost of claims.

Coverage is currently offered on a single and family basis, but MAC is considering offering coverage on a four-tier basis for 2027.

B. Key Business Terms

The beginning date of this contract is to be January 1, 2027. The term of this contract will be three (3) years, with an option to renew for an additional two (2) years at the direction of MAC and subsequent Commission approval. Vendor's pricing must be firm for a one-year time period and pricing of subsequent years or any renewal will be negotiated between MAC and the vendor. If MAC and the selected vendor are unable to negotiate subsequent years pricing to both parties’ satisfaction, MAC may elect to terminate the agreement irrespective of the three-year contract term.

Each subsequent year and any renewal will be based upon the same terms and conditions as the original, except for pricing and performance guarantees.

Performance guarantee results will be reviewed each year and may be revised by mutual agreement.

Other contract terms and conditions changes must be made by mutual agreement.

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C. Minimum Qualifications To be considered, the proposer must outline in their proposal how they meet the following minimum qualifications:

1. Have 8 or more years of experience providing stop loss insurance.

2. Have “A” level financial ratings (S&P, Moody’s, or similar service).

D. Evaluation Criteria

The evaluation criteria are outlined below and should be reflected in your response via answers in the attached Stop Loss Insurance Spreadsheet and your written proposal. The weight to score each proposal will include:

Business Profile (20 Points) Effectively providing stop loss coverage to other parties. History of partnering with

BCBS.

Compatibility with Health Plan (40 Points) Timing of reimbursement, overall coordination, audit rights, etc.

Fees & Contract Structure/Business Terms (140 Points) Total cost and provisions. Reimbursement and billing structure, etc.

E. Pricing/Selection Process Each proposal will be evaluated according to the following process, to determine how well it meets the Evaluation Criteria outlined in II.D. Evaluation Criteria are for the purpose of the Review Team in evaluating the proposals and in making a recommendation to the Commission.

1. Minimum Qualifications The first step is to determine whether the proposal meets the Minimum Qualifications found in section II.C, including completeness, format, and content, may be rejected without further evaluation.

2. Dissemination of Non-Public Information As part of this RFP, MAC will distribute non-public medical information for the purpose of informing your proposal. To access this information proposers must:

a. Indicate intent to bid on the Bonfire portal, by following the instructions outlined in Attachment 2: Intent to Bid Instructions.

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b. Fill out and return the required forms present in Attachment 3: Non- Public Data Forms.

Please note: Claims data through May 2026 will be available immediately upon release of this RFP. Claims data for June 2026 will not be available until July 20, 2026. Once available, the June data will be sent to all proposers who have completed and submitted the required forms using the process outlined above.

3. Evaluation/Scoring All information presented in the proposal may be verified and substantiated during the course of the evaluation process. Proposers may be asked to revise, clarify, and/or provide additional information during the proposal review process. These requests will require prompt action by Proposers.

Those proposals not rejected will be evaluated by the Review Team according to the criteria found in section II.D.

4. Review Team Recommendations

Each Proposal will be scored by the Review Team. Proposers may be asked to revise, clarify, and/or provide detailed information in an effort to complete evaluation.

Any and all attempts made by the Proposer (not initiated by the Review Team or MAC) to materially alter a proposal during the Review Team’s evaluation, recommendation, or award portion of this process may result in the removal of that proposal from consideration. The Commission will not accept any changes to a proposal once submitted unless the MAC initiates or approves the proposed changes in an effort to negotiate an Agreement.

The Review Team will make its recommendation based on the review criteria and weighted points assigned to each criteria. The Review Team will recommend the award(s) to the Operations, Finance & Administration (OF&A) Committee. The recommendation memo to the OF&A Committee is mailed to the Committee and posted on MAC’s web site approximately one

(1) week before the meeting.

5. Commission Decision

Based on the recommendation of the Review Team for each batch, the OF&A Committee will make its recommendation to the full Commission. The full Commission makes the final selection decision. Neither the OF&A Committee nor the full Commission are obligated to follow the recommendation of the Review Team. The Commission may award to any proposer it sees fit. Any Proposer may request to speak at the OF&A Committee meeting and/or at the full Commission meeting.

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

6. Award of Agreement

Once the full Commission has made a final determination, MAC will notify the successful Proposers in writing and the successful Proposer and MAC will begin negotiations to execute a contract. MAC may consider proposed modifications to the Agreement submitted by Proposer, but Proposer’s failure to execute an Agreement within a reasonable time, as determined exclusively by MAC, may result in the withdrawal of the award and selection of another Proposer.

F. Insurance MAC will require the Insurance limits and coverages as laid out in Attachment 4:

Insurance Requirements.

G. References Please complete and submit Exhibit C – Reference Form to include 4 references, one of which no longer does business with you and has ended within the past 3 years.

For each reference please provide:

a) Company Name

b) Contact Person and Title

c) Address

d) Phone Number

e) Length of time with the company

H. Certificate of Compliance

Prior to award of this contract, the proposer or proposer(s) selected must demonstrate compliance with the requirements of the Minnesota Department of Human Rights as outlined in Minn. Stat. §473.144 and Minnesota Rules, parts

5000.3400 to 5000.3600. If you currently hold a Workforce Certificate of Compliance, please include a copy of your certificate with your proposal submission.

For more information on how to apply for or renew your Workforce Certificate, please visit the Minnesota Department of Human Rights website at https://mn.gov/mdhr/certificates/workforce-certificate/apply.jsp. This form is not included in the page limit outlined above.

Questions regarding the Certificate of Compliance requirements should be directed to the Minnesota Department of Human Rights at compliance.mdhr@state.mn.us or by calling (651) 539-1095.

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 https://mn.gov/mdhr/certificates/workforce-certificate/apply.jsp mailto:compliance.mdhr@state.mn.us

I. Equal Pay Certificate [For contracts anticipated to be in excess of $500,000]

Prior to award of this contract, the proposer or proposer(s) selected must demonstrate compliance with the requirements of the Minnesota Department of Human Rights as outlined in Minn. Stat. §363A.44. If you currently hold a Equal Pay Certificate, please include a copy of your certificate with your proposal submission.

See State of Minnesota – Equal Pay Certificate website at:

https://mn.gov/mdhr/certificates/equalpay/ for more information. This certificate does not need to be submitted with the SOQ.

Questions regarding the Equal Pay Certificate requirements should be directed to the Minnesota Department of Human Rights at compliance.mdhr@state.mn.us or by calling (651) 539-1095.

III. ESTIMATED PROJECT TIMELINE

Request for Proposal Issued July 15, 2026 Vendor Request for Information and Questions Due: July 22, 2026 MAC Addendum Issued: July 24, 2026 Proposals Due August 3, 2026, 4:00PM CST Recommendation for Award Finalist August 25, 2026 Commission Approval September 21, 2026 Contract Signed October 2026

IV. GENERAL TERMS AND CONDITIONS

1. SOLICITATION INQUIRIES:

Vendors shall promptly notify MAC’s Buyer, Laurel Deneen, at:

https://metroairports.bonfirehub.com/portal/?tab=openOpportunities of any ambiguity, inconsistency or error which is discovered upon examination of the solicitation documents no less than seven (7) days prior to the bid due date.

Telephone inquiries or unsolicited visitation by Vendors or their representatives will not be responded to.

2. COMPETITION IN RESPONDING:

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 https://mn.gov/mdhr/certificates/equalpay/ mailto:compliance.mdhr@state.mn.us https://metroairports.bonfirehub.com/portal/?tab=openOpportunities

MAC desires and encourages free and open competition among responsible Vendors. Whenever and wherever possible, MAC specifications, Solicitation terms and conditions are designed to accomplish such competition, consistent with the necessity to satisfy MAC’s needs and the accomplishment of a good economical operation. Any evidence of collusion among Vendors in any form designed to defeat competitive bidding will be reported to appropriate authorities for investigation and appropriate action. Suggestions from Vendors regarding requirements of Solicitation procedures are welcomed and will be given careful consideration.

3. COST OF RESPONSE PREPARATION:

MAC will not reimburse the cost of preparing, presenting, or providing any Response. Responses submitted for consideration should be prepared simply and economically providing adequate information in a straightforward and concise manner.

4. SCOPE OF WORK:

Any deviation from this SOW must be clearly indicated by the Vendor, otherwise the Response will be considered to be in strict compliance, and the Vendor will be held responsible therefore. Alternate Responses must meet or exceed the original specifications.

5. ADDENDUM:

If it is necessary to revise any part of the Solicitation, or if additional data is necessary to enable the exact interpretation of provisions of this Solicitation, an Addendum will be provided to all vendors. Only changes made in writing, via Addendum, will be valid. Questions must be submitted at:

All questions must be submitted on or before 4:00 p.m. MN Time (date).

6. IDENTIFICATION OF OFFER:

Vendors shall indicate brand name, trademark, catalog number, model, etc., as applicable, on the Response Form covering the product they are offering and proposing to furnish. If not indicated, it will be considered that the make and model given as a reference will be supplied.

7. AUTHORIZED SIGNATURE:

The Response must be completed and must be fully and properly executed and signed by an officer or other authorized representative, who shall state his or her title and the name of the firm or business. All lines must be completed.

Proof of authority of the person signing the Response, as described in this paragraph, must be furnished upon request. If the Vendor is a corporation, a secretarial certificate of an excerpt of the corporate minutes showing that the https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 signing officer has authority to contractually obligate the corporation shall be furnished. Where the corporation has designated an attorney-in-fact, the power of attorney shall be furnished. If the Vendor is a partnership, a letter of authorization shall be furnished, signed by one of the general partners. If the Vendor is a proprietor, and the person signing the Response is an individual other than the owner, a letter of authorization signed by the owner shall be furnished.

8. FACSIMILE, ORAL, OR E-MAIL:

Facsimile, oral, e-mail Responses will not be considered unless specifically authorized by MAC in the solicitation.

9. MODIFICATION OR WITHDRAWAL OF RESPONSES:

Responses resulting from this Solicitation may be modified or withdrawn prior to the time set for the opening. After the time is set for the opening, no Response may be modified or withdrawn.

10. PRICES:

Prices shall be submitted in United States currency. Responses shall be irrevocable for 120 days following submission deadline date unless otherwise stated in the Solicitation. This will allow time for MAC to review the Responses and initiate a purchase order or contract accepting the terms and conditions in the Response of the selected Vendor. For each product or service, a unit price and a total price for the quantity must be stated. In case of error in the extension, the unit price prevails. No more than one unit price may be indicated on any one item. Price reductions/rebates shall be granted whenever they become available. Responses containing an “escalation clause” will not be considered unless specifically authorized by MAC in the solicitation. An escalation clause is a provision which permits the adjustment of contract prices by a given amount or percentage if certain specified contingencies occur, such as changes in the Vendor’s raw material or labor costs.

11. CONTRACT PROCESS:

A Response to any Solicitation is an offer to Contract with MAC based upon the terms, conditions, and specifications contained in MAC’s Solicitation. Solicitations or Responses do not become Contracts unless and until MAC’s Purchasing Department executes a purchase order. The purchase order and any contract or agreement will contain the terms and conditions of the Solicitation unless modified by written agreement between MAC’s Purchasing Manager and the Vendor.

12. PAYMENT TERMS:

A prompt pay discount offered by the Vendor for less than 30 days will not be considered in making the award. MAC’s standard payment terms are net 30 days from completion of the job or service, the date merchandise is received or date of https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 invoice, whichever is later. However, Vendor may offer a discount for early payment on the Response form. Also, MAC prefers to make payments via Automated Clearing House (ACH) – electronic payments.

13. SALES/USE TAX:

The MAC is exempt from state sales and use taxes on purchases of goods received or services performed on or after January 1, 2017.

For more details regarding state sales and use taxes see the Sales and Use Tax portion of the Minnesota Department of Revenue’s website:

http://www.revenue.state.mn.us/businesses/sut/Pages/File-and-Pay.aspx

14. PROFESSIONAL LICENSES:

Vendor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Vendor as applicable to the Contract.

15. SUBCONTRACTS:

No subcontract shall be entered into by the successful Vendor after a Contract has been executed without advance written notice given to either the MAC Project Manager or the Purchasing Manager for review and approval. As part of Vendor Responses to the Solicitation, Vendors are asked to list any subcontractors to the project. All subcontracts shall comply with Federal, State, MAC ordinance, and local laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Vendor referred to herein. The Vendor is responsible for Contract performance whether or not subcontractors are used. MAC shall not unreasonably withhold approval and shall notify the vendor of MAC’s position within 15 days of receipt of written request by the Vendor.

16. NON-COLLUSION:

In responding to the Solicitation, the vendor affirms, under penalty of perjury, that their Response has been arrived at independently and has been submitted without collusion, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services as described in Solicitation, designed to limit independent quoting or competition. The contents of the Solicitation have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder or its surety or any bond furnished with their Response and will not be communicated to any such person prior to the official opening of the Request for Response.

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 http://www.revenue.state.mn.us/businesses/sut/Pages/File-and-Pay.aspx

17. INDEMNIFICATION:

To the fullest extent permitted by law, Vendor does hereby covenant and agree to indemnify, defend and hold harmless MAC and its Commissioners, officers, agents and employees (collectively “Indemnitees”) from and against any and all liabilities, losses, damages, suits, actions, claims, charges, judgments, settlements, fines or demands of any person arising by reason of injury or death of any person, or damage to any property, including all reasonable costs for investigation and defense thereof (including, but not limited to, investigative fees, attorney’s fees, court costs and expert fees) of any nature whatsoever arising out of or as a result of Vendor’s operation at or about the Premises and the Airport, or the acts or omissions of Vendor’s officers, agents, employees, contractors, subcontractors, licensees or invitees, regardless of where the injury, death or damage may occur.

MAC shall give Vendor reasonable notice of any such claim or action. In indemnifying or defending an Indemnitee, Vendor shall use legal counsel reasonably acceptable to MAC. MAC, at its option, shall have the right to select its own counsel or to approve joint counsel as appropriate (considering potential conflicts of interest) and any experts for the defense of claims. Vendor, at their expense, shall provide to MAC all information records, statements, photographs, video, or other documents reasonably necessary to defend the parties on any claims.

This provision shall survive expiration or earlier termination of the Agreement. The furnishing of the required insurance hereunder shall not be deemed to limit Vendor’s obligations under this Agreement.

As a distinct and separate indemnification obligation, Vendor shall defend, indemnify and hold MAC harmless from any claims or liabilities as a result of Vendor’s failure to procure and to keep in force the insurance required as part of this Agreement.

Vendor shall not use or permit the Premises to be used in any manner that would void Vendor or MAC’s insurance or increase the insurance risk. Vendor shall comply with all requirements imposed by the insurers for MAC and Vendor.

This indemnification is intended for the indemnified parties and their legal representatives. The provided indemnification is not intended to relieve a primary insurer of its coverage obligations.

18. PATENTS, COPYRIGHTS, ETC:

The successful Vendor shall hold and save MAC, its officers, agents, servants and employees, harmless from liability of any kind of nature, for or on account of, the use of any copyrighted composition, secret process, patented or non-patented invention, article or appliance furnished or used in the performance of this https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Contract. The successful Vendor shall agree with MAC in the event of suit or suits against MAC asserting patent infringement or infringements with respect to said item/material or any part thereof, to defray all costs, disbursements and expenses, including reasonable attorney fees, incurred by MAC in connection with such suit or suits, and to indemnify and save MAC harmless in all such suits. In all above matters, Vendor shall be required to use counsel acceptable to MAC.

19. COMMISSION RESERVATIONS:

a. MAC reserves the right to reject any or all proposals and to waive any minor irregularities, informalities or discrepancies, and to award the Agreement to the Vendor that provides the best value to MAC as determined by the Commission.

b. MAC will not be obligated to respond to any proposal submitted nor shall it be legally bound in any manner whatsoever by the receipt of a proposal.

c. Each Vendor must carefully examine the RFP and related documents, the plans with respect the facilities at MSP. Failure on the part of any Vendor to make such examination and to investigate thoroughly the RFP and related documents will not constitute grounds for declaration by a Vendor that it did not understand the conditions with respect to its proposal.

d. Any and all agreements arising out of proposals submitted (including any negotiations that follow) will not be binding on MAC, its officers, employees, or agents unless duly executed by the Executive Director or his designee following approval by the Commission.

e. MAC reserves the right to postpone the proposal submittal due date and/or agreement start dates.

f. Should the successful Vendor fail to execute and deliver the agreement within the time period as referenced herein, MAC is free to negotiate an agreement with the next best Vendor.

g. MAC’s selection of a successful Vendor, either from among the Vendors responding to this RFP, or otherwise, as herein set forth, will be made solely at its discretion regardless of the data submitted by any Vendor. The Review Team and the Commission will evaluate the criteria listed, and such other factors, as it considers appropriate. MAC may consult all personal, business and financial references familiar with Vendor’s prior operations and management of prior projects. Submission of Vendor’s response to the RFP will constitute permission for MAC to make such inquiries and authorization to third parties to respond thereto.

h. All proposals received shall become MAC’s property and will not be returned. MAC reserves the right to retain or discard proposals following the conclusion of this RFP process.

20. RELATIONSHIP OF PARTIES:

It is understood and agreed that nothing in this specification is intended or should be construed as in any way creating or establishing the relationship of co-partners https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 between the parties hereto or as constituting Vendor as the agent, representative or employee of the MAC for any purpose or in any manner whatsoever. Vendor is to be and shall remain an independent contractor with respect to all services performed under this specification and contract. The Vendor shall agree that all labor provided by individuals to perform the services under this agreement is under the direction and control of the Vendor and such individuals are not considered Common Law Employees of the MAC.

21. ORDINANCE REQUIREMENTS:

The Vendor shall comply with all applicable federal, state and local laws, including MAC ordinances. Ordinances can be found at Documents & Resources | Metropolitan Airports Commission (metroairports.org)

22. GOVERNING LAW:

This Solicitation and any ensuing Contract or purchase order shall be governed by the Laws of the State of Minnesota.

23. NON-EXCLUSIVE:

This contract is non-exclusive unless otherwise stated in the following specifications. If MAC’s need is better met outside of this contract, MAC may proceed in an appropriate manner.

24. DATA PRACTICES LANGUAGE:

A. Treatment of Proposal Data

All data submitted to MAC by proposers are governed by the Minnesota Government Data Practices Act (MGDPA). Under Minn. Stat. § 13.591, once a proposal is opened, the name of the proposer becomes public information. All other information in the proposal does not become public until MAC has completed the negotiation of its agreement with the selected proposer (“completion of the evaluation process”).

After MAC has completed the evaluation process, the evaluative data (data created or maintained by MAC as part of the evaluation process) and all of the information in the proposals become public, with the exception of trade secret data.

A statement by a proposer that his or her data is copyrighted or otherwise protected does not necessarily prevent public access to the data in the proposal at such time that the data would otherwise become public by law.

Prior to the completion of the evaluation process, proposers are not entitled to inspect proposals submitted by other proposers or evaluative data created by https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmetroairports.org%2Fdocuments&data=05%7C02%7CBrad.Johnson%40mspmac.org%7Cccfabb8cef404d721f2a08dc532cbdf9%7C5d7e2cd6db7a47bebcc56bded478bab2%7C1%7C0%7C638476698850955827%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=y0s%2F%2BnyjNT%2FHb7Pg81s%2B0ekP1uDLNydZnH0UB3BSC78%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmetroairports.org%2Fdocuments&data=05%7C02%7CBrad.Johnson%40mspmac.org%7Cccfabb8cef404d721f2a08dc532cbdf9%7C5d7e2cd6db7a47bebcc56bded478bab2%7C1%7C0%7C638476698850955827%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=y0s%2F%2BnyjNT%2FHb7Pg81s%2B0ekP1uDLNydZnH0UB3BSC78%3D&reserved=0

MAC as part of the selection process. During that process, MAC staff, its consultants, and MAC Commissioners may be informed of the data in the proposals and may view the proposals. Also, prior to the mailing of the staff memo, proposers may discuss the proposals with MAC Commissioners, but MAC Commissioners are not able to reveal the contents of the other proposals.

In MAC’s public committee and commission meetings, Commissioners may discuss any trade secret information submitted in the proposals to the extent reasonably necessary to conduct the business at hand. The discussed data, however, retain their classification as private or nonpublic.

If all responses to a proposal solicitation are rejected by the Commission prior to completion of the evaluation process, all proposal data, other than that which was made public at the time of proposal opening, remains private or nonpublic until a re-solicitation of the proposal results in completion of the evaluation process or a determination is made to abandon the process. If the rejection occurs after completion of the evaluation process, the data remain public. If a re-solicitation of proposals does not occur within one year of the proposal opening date, the remaining data then become public.

All of the abovementioned provisions in this section are governed by Minn. Stat.

§ 13.591.

Proposers who believe their proposals may contain data that qualify as trade secret information are directed to the following paragraphs.

In order to qualify for classification as trade secret information, the data must meet all of the provisions set forth in Minn. Stat. § 13.37, subd. 1(b). Trade secret information is defined as:

government data, including a formula, pattern, compilation, program, devise, method, a technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

Proposers who wish to maintain a classification of trade secret information with respect to any data contained in their proposals must submit two versions of their proposal. Each version of the proposal must be conspicuously marked either “PUBLIC” or “NOT PUBLIC” on the cover page. In the not public version, proposer should redact all data claimed to be trade secret information under Minnesota law. In addition, because the MGDPA requires MAC to justify each https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 redaction made to a document prior to its release to the public, MAC requires that proposer provide a redaction-by-redaction justification for the information’s classification as trade secret information. See Minn. Stat. § 13.03, subd. 3(f).

Trade secrets lose their protected status “if they are [not] the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain [their] secrecy … .” Minn. Stat. § 13.37, subd. 1(b). Thus, each trade secret justification should include a description of the internal controls used by proposer to regulate the possession, use, and dissemination of the alleged trade secret. These controls could include: employee non-disclosure agreements, “need to know” access policies, data segregation techniques, etc.

In addition, because trade secret information must “derive[] independent economic value” from its secrecy, each justification should include evidence of the financial value of the alleged trade secret. Evidence of this sort could include: development budgets for the secret, performance benchmarks pertaining to the secret, the secret’s place in proposer’s intellectual property management program, expenses incurred protecting the secret, etc.

Further, MAC requests that redactions of trade secret information be made at the most granular level possible. It will generally not be sufficient for proposer to redact entire pages, paragraphs, or even, in some cases, sentences. The MAC has created several instructions, with examples, for redacting information, which are available upon request.

Finally, because trade secret information must be the subject of reasonable efforts to maintain its secrecy, if MAC does not receive a not public version of the proposal with sufficient justifications for the redactions, MAC may conclude that all data contained in the proposal are public based upon the lack of efforts to maintain secrecy.

B. Acknowledgement

By submitting a proposal, the proposer acknowledges that all information is subject to potential disclosure under the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) and are subject to disclosure upon request ,and agrees that MAC will have no liability for any such disclosure. Any information the responder wishes to claim as non-public must meet the definition of trade secret information as outlined in Minnesota Statute §13.37. If the responder wishes to redact any data that meets these criteria, a separate redacted version of the proposal must be uploaded to the designated online portal for use in responding to data practices requests. If no redacted version is https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 provided, the original proposal will be released in its entirety, without redactions, in response to public data requests.

In addition, the proposer acknowledges that an executed agreement (including a professional services authorization) with MAC is public data in its entirety, unless otherwise noted in the agreement.

C. Data on Individuals

Persons who supply data about themselves in response to this RFP/RFQ are entitled to know the following information under the Minnesota Government Data Practices Act:

1. The information requested will be used to evaluate the proposals;

2. The proposer is not legally required to supply this information;

3. Failure to supply information may result in a determination by MAC that the proposal is non-responsive; and

4. The public is authorized by law to receive information that is not classified by law as private, confidential, or nonpublic data.

25. NON-DISCRIMINATION:

MAC hereby notifies all Vendors that it does not discriminate in the selection of Vendors on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age.

The successful Vendor must agree to comply with all applicable federal, state and local equal opportunity and affirmative action laws, directives and regulations

26. SMALL BUSINESSES:

In accordance with MAC’s policy, MAC acts affirmatively to promote and enter into Contracts with Small Businesses (SBs). “Small Business” means: Certified businesses designated by the Commissioner of Administration (TGBs, EDs, VOs);

certified business in the federal Disadvantaged Business Enterprise (DBE) program;

certified business in the CERT program; or businesses determined to be a “small business” by MAC. The successful Vendor will cooperate with MAC in meeting MAC’s commitments and goals with regard to the maximum utilization of SBs whenever possible in the performance of this Solicitation.

For questions concerning small business certifications, contact Jeffey Weinhagen, Small Business Program Manager at (612)726-8193 or jeffrey.weinhagen@mspmac.org.

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9 mailto:jeffrey.weinhagen@mspmac.org

27. TITLE VI SOLICITATION NOTICE:

The MAC, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.

28. DOCUMENT:

This document and the necessary forms are provided in PDF and Excel formats. No additions to text or inserting language or comments is allowed anywhere within the documents except in places where the templates allow. Inserting or deleting text in the document, other than those designated by the template, will be cause for rejection of the proposal. In the event any items are intentionally or unintentionally changed, this base document constitutes the legal writing unless changed by addendum.

29. RESPONSE:

The Metropolitan Airports Commission’s solicitations process has moved to a new platform, which provides improved functionality for users. The platform streamlines bid submissions and communications between the MAC and bidders. Current users of the MAC’s solicitations system will need to register with the new app via https://metroairports.bonfirehub.com/portal/?tab=openOpportunities , which will also provide users notifications when MAC solicitations are posted. Vendor shall furnish complete response to each required section in same order as provided in RFP document (see Evaluation Criteria).

https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Exhibit A – Proposal Acknowledgement Form

The Proposer acknowledges that it has carefully examined the RFP, Agreement documents, and the proposed locations for its proposed concessions operations.

The Proposer warrants that if its proposal is accepted, Proposer will contract with MAC in the form of an Agreement and comply with the requirements of the RFP and Agreement documents. Proposer agrees to deliver an executed Agreement to MAC within 30 days after receipt of the Agreement. Upon approval of the Agreement by MAC, MAC staff and the Airport Contact will expedite the location approval, design approval, and construction process.

The undersigned guarantees that Proposer’s proposal meets or exceeds specifications contained in the RFP document. Any Exceptions are described in detail and all requested information has been submitted as requested.

I affirm that I have read and understand all the provisions and conditions as set forth in this RFP. By submitting this proposal, Proposer consents to the release or disclosure of proposal data as set forth in the RFP.

I also affirm that I am duly authorized to submit this proposal; that this company, corporation, firm, partnership, or individual has not prepared this proposal in collusion with any other Proposer and that the contents of this proposal as to rent, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other Proposer or to any other person(s) engaged in this type of business prior to the official opening of the proposal.

Name of Proposer

Name of Authorized Person

Title of Authorized Person

Business address of Proposer

Business email address of Proposer

Business phone number of Proposer

Signature of Authorized Person

Date (continued on next page) https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

(continued from previous page)

STATE OF )

) ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 20 , by , the (name) (title) on behalf of .

(name of company/organization)

Notary Public https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Exhibit B– MAC Affidavit of Non-Collusion

STATE OF

COUNTY OF

being first duly sworn deposes and says

Individual only: that he or she is the Proposer and individual doing business under the name of in the City of in the State of

Partnership only: that he or she is the duly authorized representative of the Proposer, a partnership, doing business under the name of

In the City of

In the State of

Corporation only: that he or she is the duly authorized representative of the Proposer, a corporation organized and existing under the laws of the State of and that the Proposer is filing herewith a proposal to the Metropolitan Airports Commission in conformity with the specifications therefore on file with the Commission.

Affiant further says that the proposal filed herewith is not made in the interest of or on behalf of any undisclosed persons, partnership, company, association, organization or corporation; that such proposal is not collusive or sham; that said Proposer has not, directly or indirectly, induced or solicited any other Proposer to put in a sham proposal, and has not, directly or indirectly, colluded, conspired, connived or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that said Proposer has not in any manner, directly or indirectly, by agreement, communication, or conference with anyone, sought to fix the proposal price of said Proposer or of any other Proposer, or to fix any overhead, profit, or cost element of such proposal price or that of any other https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Proposer, or to secure any advantage against the Metropolitan Airports Commission or anyone interested in the proposed contract; that all statements contained in such proposal are true; that said Proposer has not, directly or indirectly, submitted his proposal or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, or paid or agreed to pay, directly or indirectly, any money, or other valuable consideration for assistance or aid rendered or to be rendered https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Exhibit C– Reference Form

Business References (3 required)

1. Name ________________________________________________________________ Title _________________________________________________________________ Organization _________________________________________________________ Address ______________________________________________________________ Phone_____________________ Email_____________________________________

Length of time known Proposer: ________________________________________ Describe how reference knows Proposer ________________________________

2. Name ___________________________________________________________ ____ Title _________________________________________________________________ Organization _________________________________________________________ Address ______________________________________________________________ Phone_____________________ Email_____________________________________

Length of time known Proposer: ________________________________________ Describe how reference knows Proposer ________________________________

3. Name _______________________________________________________________

Organization _________________________________________________________ Address ______________________________________________________________ Phone_____________________ Email_____________________________________

Length of time known Proposer: ________________________________________ Describe how reference knows Proposer ________________________________ https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Reference Previously Active (Past 3 Years) - (1 required)

1. Name _______________________________________________________________

Organization _________________________________________________________ Address ______________________________________________________________ Phone_____________________ Email_____________________________________ https://mspmac-my.sharepoint.com/:w:/r/personal/laurel_deneen_mspmac_org/Documents/Documents/__RFPs/Medical%20-%20Stop%20Loss/Stop%20Loss%20RFP%20Draft.docx?d=w539dc858d8cf48d2b075e59736d09e21&csf=1&web=1&e=Sg1y0f&nav=eyJjIjo2NDE5ODYwMTN9

Attachment 1: Response Documents

SEALED RESPONSES:

The Metropolitan Airports Commission’s solicitations process has moved to a platform, which provides improved functionality for users. The platform streamlines bid submissions and communications between the MAC and bidders. Vendors will need to register at https://metroairports.bonfirehub.com/portal/?tab=openOpportunities.

CHECK LIST OF DOCUMENTS THAT MUST BE SUBMITTED:

It is to our mutual advantage for the vendor’s proposal to be as thorough and detailed as possible to the MAC may properly…