31632-MMCAP_RFP for WholesalersDistofMedSupplies.pdf

State of Minnesota

MMCAP INFUSE, OFFICE OF STATE

PROCUREMENT

Request for Proposals (RFP)

For Wholesalers/Distributors of Medical Supplies

SPECIAL NOTICE: This is a request for proposal. It does not obligate the State of Minnesota or MMCAP Infuse to award a contract or complete the proposed program, and the State of Minnesota reserves the right to cancel this solicitation if it is considered in its best interest.

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.mn.gov/admin/oep.

http://www.mn.gov/admin/oep

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

Follow the steps below to complete your response to this RFP:

Step 1: Read the solicitation document and ask questions, if any

Step 2: Write your response Step 3: Sign and submit your response

Incomplete

Submittals

A proposal must be submitted along with any required additional documents.

Incomplete proposals that materially deviate from the required format and content may be rejected.

STEP 1 – READ THE SOLICITATION DOCUMENT & ASK QUESTIONS, IF ANY

How to Ask

Questions

Questions must be emailed to MMCAP_Infuse.HPSRFP@state.mn.us by June 10, 2022, at 2 pm Central Time.

Questions will be responded to, via an addendum to this RFP, in batches as they arrive and will not be attributed to the asking entity. Similar questions may be combined with a single answer.

Other personnel are not authorized to answer questions regarding this RFP.

STEP 2 – WRITE YOUR RESPONSE

Request for

Proposals

(RFP)

In Section 3, insert your response to the questions as asked or provide content as requested.

By signing this response, your firm is making a legal, binding offer for a contract to provide services to the State of Minnesota.

STEP 3 – SIGN & SUBMIT YOUR RESPONSE

Documents making up a complete proposal

Where to Send

Your

Response

❑ Vendor Response Form (Section 3) ❑ Vendor Technical Response (Section 3) ❑ Pricing Analysis (in a separate document from the product/service proposal) (submitted in Microsoft Excel) (Section 4) ❑ Exhibit B Certification Regarding Lobbying (submitted in PDF) ❑ Exhibit C Workforce Certificate Form (submitted in PDF) ❑ Required business applications or forms to do business with

Responder ❑ If applicable, Exhibit D, Veteran Owned Preference (submitted in PDF)

Email your responses to MMCAP_Infuse.HPSRFP@state.mn.us with “[Company] Wholesalers/Distributors of Medical Supplies” in the Subject line.

If your email is larger than the maximum allowed size, send your response in multiple emails. Use “[Company] Wholesalers/Distributors of Medical Supplies Part [1…N] of [N]” in the Subject line.

Mailed responses cannot be accepted at this time.

Faxed responses will not be accepted.

Response

Submission

Deadline

Must be received not later than July 11, 2022, at 4PM Central Time as indicated by a notation made by the Receptionist or email timestamp. Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the

Responder.

mailto:MMCAP_Infuse.HPSRFP@state.mn.us mailto:MMCAP_Infuse.HPSRFP@state.mn.us

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project

MMCAP Infuse is a governmental cooperative serving thousands of state and local government facilities across the United States. MMCAP Infuse is operated by the State of Minnesota (State) Department of Administration’s

Office of State Procurement (OSP) and is governed by Minnesota laws and procurement policies. MMCAP Infuse

Members are state agencies and political subdivisions throughout the United States. For more information on

MMCAP Infuse and its membership, visit www.infuse-mn.gov (Members or Membership).

MMCAP Infuse is requesting proposals from medical wholesalers/distributors to provide medical devices and services to its Membership. Before the pandemic, the annual collective purchasing power of the Membership exceeded $200 million amongst five (5) vendors. We expect the program to continue to grow as the industry normalizes over the next five (5) years. The goal is expected that Responders will provide their entire catalog to the Membership except for the following product and services categories: Pharmaceuticals (Over-the-Counter and Prescription), Vaccines, Diabetic Products; Drug Testing; Condoms; Dental; Incontinence, Nutritionals, and

Waste Disposal (Excluded Products/Services). Pricing and product offerings will be broken into three categories: (1) Core; (2) Non-Core; and (3) MMCAP Infuse Products. Core will be a set of line-item products that a Responder offers fixed pricing for a year; Non-Core will be general product categories (dictated by UNSPSC) where the Responder offers a discount; and MMCAP Infuse Products are items MMCAP Infuse has solicited for and awarded agreements directly with manufacturers. Responders cannot sell Excluded Products/Services to its Membership without prior approval of MMCAP Infuse.

If a Responder desires to offer Pharmaceuticals, Diabetic Products, Condoms, Incontinence, Nutritionals, and

Waste Disposal products to our Membership under an award, the Responder must load MMCAP Infuse pricing and show evidence of a contractual arrangement with the manufacturer (able to issue “chargebacks”). Under a limited basis where a Responder has been named by a manufacturer as a sole and/or exclusive distributor of a pharmaceutical product, MMCAP Infuse may award distribution rights to the Responder. MMCAP Infuse expects the Responder will load MMCAP Infuse pricing without a markup for pharmaceuticals.

Under this solicitation, if there is a Responder that specialize in a narrow spectrum of medical devices and/or services or is only available to a limited class of trade (i.e. EMS), the Responder may be evaluated separately under Section 3 of this RFP. However, the Responder must be able to serve the entire Membership and still answer all the inquiries within this RFP.

Awarded Responders will be asked to provide a “best and final offering” of a proposed Core Listing for the final agreement. The Core will not be scored as part of the initial evaluation; however, it may impact the final agreement negotiations.

2. Agreement and Duration

We anticipate the terms and conditions resulting from this RFP will last up to five (5) years (Agreement).

Agreement extensions beyond the originating term may be offered on an extremely limited basis. MMCAP Infuse will provide a draft of an Agreement to the awarded Responders. At this time, MMCAP Infuse will also request a final product listing and “best and final” offers.

3. Minimum Qualifications Required (Pass/Fail)

• Responder will need to provide evidence of domestic operations for at least four (4) years with an average of $400,000 in monthly sales OR average 750 active monthly “ship-to” locations during those four (4) years.

• Responder will provide evidence they are able to supply at least ten (10) states.

• Responder will need to show they are able to facilitate chargebacks with manufactures.

• Responder will need to show they have a secure online catalog and can accept online orders.

http://www.infuse-mn.gov/

4. Response Evaluation

Responses will first be reviewed to confirm compliance with the minimum qualifications identified above.

Responses that meet all the minimum qualifications will be further evaluated in accordance with the following:

Factors Percentage

Technical Proposal 70%

Pricing Analysis 30%

Preferences 6% Minnesota Certified Targeted Group/Economically Disadvantaged Preference 6% Veteran-owned Preference Minnesota Resident Vendor Preference

Responses will be evaluated by a team of MMCAP Infuse staff, MMCAP Infuse advisory board members, and/or staff from Members. Each evaluator will read all proposals that have passed all the minimum qualifications.

MMCAP Infuse reserves the right to require a demonstration of capabilities and/or ordering systems via in-person meetings, webinar, or other such mechanism.

Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. MMCAP Infuse reserves the right to award this solicitation to a single Responder, or to multiple

Responders, whichever is in the best interest of the State and MMCAP Infuse, providing each Responder is in compliance with all terms and conditions of the solicitation. MMCAP Infuse 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 and MMCAP Infuse. If a Responder with an active contract with MMCAP Infuse is an awarded bid as a result of this RFP, MMCAP Infuse reserves the right to amend the active contract to include the scope of this RFP rather than issue a brand-new document.

5. Additional MMCAP Infuse Rights Reserved

A. Reject any and all responses received;

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

C. Negotiate with the highest scoring Responder[s];

D. Require Responders to conduct presentations, demonstrations, or submit samples;

E. Award by item (including category, location, etc.), by groups of items, or all items, therefore, the

Responder is encouraged to offer a response for all items

F. If an identifiable targeted need for MMCAP Infuse’s membership is met by one or more

Respondents, offer an additional targeted award distinct from the general nationwide medical supply distribution award;

G. Interview key personnel or references; and

H. Request a best and final offer from one or more Responders.

I. Expand or reduce the Excluded Products/Services list at anytime, including the duration of the agreement.

By signing, I acknowledge that the above-named Responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

Signature: ____________________________________________________

Printed Name: _________________________________________________

Title: ________________________________

Date:________________________________

SECTION 3 – VENDOR RESPONSE

INSTRUCTIONS: Fill in the information requested below.

1. Responder’s Contact Information and Interest

Company’s Full Legal Name:

Business Address:

Company Website:

Federal Employer Identification Number:

Primary Contact Person’s Name:

Title:

Telephone Number:

E-Mail Address:

Alternate Contact Person:

Title:

Telephone Number:

E-Mail Address:

Admin Fee Contact Person:

Telephone Number:

E-Mail Address:

Membership Contact Person:

Telephone Number:

E-Mail Address:

Responder’s Interest/Capability

Yes No Criteria (Can add further pages to answer and it will not count against the page limit)

Responder views itself as a specialty distributor. Identify the specialty:

Responder has been named as an exclusive distributor for a product(s) by manufacturer(s). Identify.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for Incontinence Products.

Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for Nutritionals. Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for Condoms. Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for Diabetic Products.

Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for over-the-counter pharmaceuticals. Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for prescription pharmaceuticals. Identify the manufacturers.

Responder can load MMCAP Infuse pricing/has chargeback arrangements for waste disposal. Identify the manufacturers.

2. Pass/Fail Criteria

Does Responder comply with each term? Provide supporting evidence to each question; this will not count toward the page limit.

Yes No Criteria

Responder provided evidence of domestic operations for at least four (4) years with an average of $400,000 in monthly sales OR average 750 active monthly “ship-to” locations during those four (4) years.

Responder can supply at least ten (10) states.

Responder can facilitate chargebacks with manufactures.

Responder has a secure online product catalog and ordering system.

Responders that have not completed each section will not be further considered.

3. Technical Proposal

It is encouraged for Responders to exercise restraint and be concise, answering each question individually.

Responses to the technical questions will be limited to sixty (60) pages, using at least ten (10) point commonly utilized font. Responses that exceed the sixty (60) page limit will not be scored beyond page number sixty (60).

However, Responders should strive to provide all their answers using forty-five (45) pages or less.

1. Experience

A. Provide detailed description of Responder’s company, including history, accreditations, current volume of products sold, current classes of trade serviced, and its industry market share.

B. Describe Responder’s experience and qualifications in providing Medical Device Distribution to governmental entities (e.g., those governed by a state, county, city, or other governmental unit).

C. Provide a detailed description of the service area for which the Responder is proposing and how would you serve MMCAP Members on a national or regional basis. (e.g., list the states covered).

D. Provide a complete breakdown of the Responder’s subsidiaries that would be providing services and products to our Membership. If the Responder also manufactures products or partners with manufacturers to offer “house brands,” please elaborate.

E. Disclose any involvement by the Responder in any business litigation within the last 5 years involving governmental entities and/or Responder’s ability to provide services and products to MMCAP Infuse and its Members.

F. Has the Responder, including any of its officers, agents or employees been disciplined, admonished, warned, or had a license, registration, certification, or any similar authorization to do business, suspended or revoked for any reason?

G. Has Responder been involved (either in the past or currently) in litigation pertaining to the federal anti-kickback laws, Stark Laws, or anti-trust laws?

H. If the Responder manufactures products that are offered in this RFP, has any federal regulatory agency issued any warning letters, alerts, or actions against the Responder within the last three years? If so, provide the following details: number and description of Product involved; date of incident/letter; summary of the incident/letter action(s), taken by Responder to resolve regulatory issues.

I. If applicable: during the past three years, has Responder entered into and operated under, or been relieved from, a consent decree with the FDA for products it manufactures offered in its proposal?

2. Products & Price Management

A. In general, MMCAP Infuse breaks down pricing and products into two categories: (i) Core and (ii)

Non-Core.

i. Core: Products disclosed on a line-item basis and have a fixed price for all Members.

Generally, no further pricing negotiations are required with individual Members.

a. Is the Responder willing to commit to fixed Core pricing for a year?

b. On a year-over-year basis, is the Responder willing to place all products in MMCAP

Infuse’s top 50% line-item purchases year-over-year (normalized to account for

COVID19 spikes) under Core?

ii. Non-Core: Generally, these are all the other offerings in a vendor’s catalog that are not included in the Core. Typically, items are grouped into sub-categories and receive a discount percentage off catalog. Occasionally, vendors choose to offer further savings to individual

Members.

a. How will the Responder be transparent to ensure the Member is receiving the correct discount off catalog?

b. How would the Responder breakdown the sub-categories?

c. What further information would the Responder offer to allow Members to audit to ensure the Non-Core purchase was assigned the proper category and received the appropriate discount at the time of ordering/purchase?

iii. Does the Responder have an alternative pricing proposal?

B. Describe Responder’s procedure to ensure that all MMCAP Members are attached to agreement and receiving pricing.

C. If a verified Member has not been receiving pricing, what is the procedure and timeline for re-attaching that Member to MMCAP Infuse pricing? How are previous purchases handled?

D. Can the Responder provide all applicable products with a listed shelf life of at least 6 months after the date of purchase? Please describe.

E. Does Responder have a product usage monitoring system?

F. How will the Responder notify MMCAP Infuse and its Members of potential product backorders and shortages? How will the Responder attempt to remedy shortages? How does Responder allocate items that are on widespread backorder?

G. Is the Responder able to acquire and provide substitute products for Members as an alternative to temporarily out of stock products? Also state the expected time frame that it will take for it to obtain and deliver the equivalent products.

H. Is the Responder willing to offer further volume discounts if Member(s) want to purchase item(s) in bulk or spend certain dollar amounts?

I. Beyond Core and Non-Core, MMCAP Infuse enters into arrangements with manufactures. What is the Responder’s ability to load and distribute those products?

i. What would be the Responder’s markup? If it varies, please identify for each product grouping you selected at the top of Section 3 of this RFP.

ii. Are there any product categories that the Responder would not load MMCAP Infuse pricing?

Please list all, including categories beyond MMCAP Infuse’s current arrangements.

iii. How would the Responder differentiate and manage these products to the other products the

Responder would be offering?

iv. If the manufacturer offers different price tiers based on commitment programs that require the

Member to sign a form, how does the Responder manage this process of collecting the forms to provide different price points?

J. How does the Responder ensure Excluded Products/Services are not offered to the Membership without MMCAP Infuse’s prior approval?

3. Product Ordering System

Listed below are the typical product ordering methods currently used by MMCAP Infuse Members. Please provide a brief but detailed response regarding the Responder’s capability to provide products utilizing product ordering systems described below.

A. Ordering Methods: Provide a brief response regarding the Responder’s ability to accept order in the following manner:

i. Telephone

ii. E-mail

iii. Vendor provided internet-based ordering containing the product catalogs

iv. EDI transactions/Punch-Out

B. Payment Methods: Does the Responder accept the following payment methods: ETF, Check, Credit

Card, or P-Card?

C. EDI Transactions/Punch-Out Systems: Many MMCAP Infuse Members are utilizing a “Punch-Out” that allows MMCAP Infuse Members to order directly from their state or agency E-Procurement

System, which connects to the Responder’s online ordering system. If your company can currently provide this ordering method, please respond to the questions below.

i. What e-procurement interfaces does your Punch-Out system currently work with?

ii. How long does it take to implement the system and what is the typical implementation schedule?

iii. How will the Punch-Out system attach pricing and MMCAP Infuse Member transactions?

iv. How will these transactions translate to the sales report? At a minimum, awarded vendors will need to provide monthly reports to MMCAP Infuse identifying all users/purchasers under the agreement and their purchase volume.

v. Are there additional costs? If so, how will the Responder ensure the costs only impact the requesting Member rather than the entire Membership?

D. Purchase Orders

i. Does the Responder have an ordering system which will allow for the processing of a purchase order from an MMCAP Infuse Member?

ii. Does the Responder have the ability to provide a purchase order confirmation number on the same day the order is placed by the Member?

iii. Will the order status report include related product order information, including the turn-around time from the placement of the order and expected delivery date? Will it identify items on back order?

iv. Provide an example of the purchase order confirmation report that Responder currently provides to its customers. In addition, provide any other details regarding the order status report.

4. Delivery

A. What does the typical purchasing process look like from the time of order placement to delivery?

B. How far in advance does a Member need to place an order to receive it by a specific delivery date?

What is the cut off time for next day delivery?

C. How many deliveries per week is the Responder able to ship to Members?

D. If a Member needs deliveries at a certain time window, how would the Responder accommodate this request? Are there additional costs to the applicable Member?

E. Describe if same-day delivery will be provided for Member and what criteria will be used in determining which Members are eligible for this service. Are there additional costs?

F. What are the Responder’s shipping terms and costs?

G. Does the Responder have their own shipping provider or subcontract to a courier/delivery service?

H. Once at the location, where is the Responder willing to deliver the products?

I. Describe how Responder handles products lost in transit.

J. How does the Responder handle returns?

5. Customer Service

A. Does the Responder have a dedicated customer service department that can respond to phone calls, emails, and/or electronic message inquiries? Please explain.

B. Does the Responder offer a call center with operational hours that cover all the U.S. time zones, including Alaska and Hawaii, during normal business hours? What are the normal business hours?

C. What is the Responder’s approach to customer service inquiries during non-operational hours, and how does it respond to them?

D. Provide a brief summary of Responder’s policies/procedures on resolving complaints, disputes, and grievances, arising from MMCAP Infuse and its Members.

E. How would the Responder evaluate its own performance in meeting the needs of MMCAP Infuse and its Members during the life of the agreement?

6. Sales Data & Reporting

A. Provide a list of contacts and their roles dedicated to MMCAP Infuse and its Members regarding data and reporting.

B. Does the Responder have the capability of providing reports from an online database to MMCAP

Infuse? Please list and describe them.

C. Is the Responder willing to provide monthly sales data and weekly contract file reporting to MMCAP

Infuse?

D. If during a review, MMCAP Infuse discovers discrepancies in sales and/or Member attachment, how would the Responder address the issue?

E. If MMCAP Infuse discovers that a Responder has not been attributing Member sales to the MMCAP

Infuse program, how far of a “clawback” would Respondent allow?

F. How would the Responder ensure that non-MMCAP Infuse Members would be prevented from receiving MMCAP Infuse benefits and pricing?

7. Supply Chain

A. Provide a description of the Responder’s supply chain and distribution capabilities. Include the distribution center locations, area serviced by each location, and any product limitations/exclusions at each location.

B. How does the Responder evaluate and select its suppliers? Does the Responder enter into exclusive relationships with its suppliers that may impact its ability to find alternatives in an emergency?

C. If the Responder manufacturers products and/or has its own brand label, is production domestic or international? If it varies by product line, please specify.

D. How does the Responder evaluate the subcontractors it uses for products and services? What are the minimum standards of acceptance?

E. Does the Responder share a product’s pedigree with buyers?

F. What type of preferences do MMCAP Infuse Members receive relative to Responder’s other customers?

SECTION 4 – PRICING ANALYSIS

Attached in the Pricing Analysis Proposal Form is a list of MMCAP Infuse Member’s top spend items. Follow the instructions as indicated on the first tab of the spreadsheet when completing your pricing analysis. Besides information regarding Mark-Ups, no cost information should be provided in Section 3.

https://www.mmd.admin.state.mn.us/xls/MMCAPInfuse/31632PricingAnalysisMedicalDist.xlsx

SECTION 5 – RESPONDER CERTIFICATIONS

Responder must check each box to certify to the conditions required under this RFP. Please note that some certifications may require the submission of additional information. Sign below to finalize response.

1. Required

☐ I have read and am aware of the State’s General Requirements as attached as Exhibit A.

☐ I have COMPLETED and ATTACHED:

☐ Exhibit B - Certification Regarding Lobbying.

☐ Exhibit C - Workforce Certificate

☐ That I am the Responder (if the Responder is an individual), a partner in the company (if the

Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation).

☐ That the proposal submitted in response to the RFP has been arrived at by the Responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with any other Responder of materials, supplies, equipment, or services described in the RFP, designed to limit fair and open competition.

☐ That the contents of the proposal have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the proposals.

☐ That I am fully informed regarding the accuracy of the statements made in the proposal.

2. If Applicable

☐ I am a certified veteran-owned business, in accordance with Minn. Stat. § 16C.16, subd. 6a and

§ 16C.19 (d). Please Complete Exhibit D

By signing here, I warrant that the information provided in this proposal is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from contract award and may subject me/my company to suspension or debarment proceedings, as well as other remedies available to the State, by law.

Signature Title Date

EXHIBIT A

General Requirements Conflicts of Interest

Responder must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. This includes any conflict of interests the Responder may have with a Member. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

Organizational Conflicts of Interest

To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, A. vendor is unable or potentially unable to render impartial assistance or advice to the State;

B. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or C. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organization conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

Proposal Contents The information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law.

Responses are Nonpublic during Evaluation Process All materials submitted in response to this Solicitation 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.

The State will not consider the prices submitted by the Responder to be proprietary or trade secret materials.

Notwithstanding the above, if the State contracting party is part of the judicial branch, the release of data shall be in accordance with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time.

Contingency Fees Prohibited

Pursuant to Minnesota Statutes Section 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Administrative Fee. In consideration for the administrative support and other services provided by MMCAP

Infuse, the Responder agrees to pay an Administrative Fee of up to three percent (3%) on all purchases of products and services.

Reimbursements

Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor as a result of the contract will be in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the commissioner of Minnesota Management and Budget will not be made for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference.

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 6% percent of the total points available as preference.

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

Work Force Certification For all contracts estimated to be in excess of $100,000, Responders are required to complete the attached Affirmative Action Data page and return it with the response. As required by Minnesota Rule 5000.3600, “It is hereby agreed between the parties that Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 -

5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 - 5000.3600 are available upon request from the contracting agency.”

Non-Collusion Certification.

A. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

B. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the MMCAP Infuse for investigation and appropriate action.

Certification Regarding Lobbying

For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Insurance Requirements

1. Notice. The Responder is required to submit Certificates of Insurance acceptable to MMCAP Infuse as evidence of insurance coverage requirements prior to commencing work under an awarded contract.

Responder will not commence work under a contract until they have obtained all the insurance described below and MMCAP Infuse has approved such insurance. Responder shall maintain such insurance in https://mn.gov/admin/business/vendor-info/oep/ force and effect throughout the term of a contract. The failure of MMCAP Infuse to obtain a Certificate of Insurance, for the policies required under a contract or renewals thereof, or failure of the insurance company to notify MMCAP Infuse of the cancellation of policies required under and awarded contract shall not constitute a waiver by MMCAP Infuse to the Responder to provide such insurance. MMCAP Infuse reserves the right to immediately terminate a contract if the Responder is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Responder.

All insurance policies must be open to inspection by MMCAP Infuse and copies of policies must be submitted to MMCAP Infuse. The Responder’s insurance company(ies) waives its right to assert the immunity of the State of Minnesota as a defense to any claims made under said insurance.

2. Additional Insurance Conditions.

A. Responder’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to MMCAP Infuse with respect to any claim arising out of Responder’s performance under this Agreement;

B. If Responder receives a cancellation notice from an insurance carrier affording coverage herein, Responder agrees to notify MMCAP Infuse within five (5) business days with a copy of the cancellation notice, unless Responder’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to MMCAP Infuse;

C. Responder is responsible for payment of Agreement related insurance premiums and deductibles;

D. If Responder is self-insured, a Certificate of Self-Insurance must be attached;

E. Responder’s policy(ies) shall include legal defense fees in addition to its liability policy limits;

F. Responder’s insurance companies must either (1) have an AM Best rating of A- (minus) and a

Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they are not rated by AM Best; and

G. An Umbrella or Excess Liability insurance policy may be used to supplement the Responder’s policy limits to satisfy the full policy limits required by the Agreement.

3. Responder is required to maintain and furnish satisfactory evidence of the following insurance policies:

A. Workers’ Compensation Insurance: Except as provided below, Responder must provide

Workers’ Compensation insurance for all its employees and, in case any Responder is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts Responder from Workers’ Compensation insurance or if the Responder has no employees in the State of Minnesota, Responder must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Responder from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Responder becomes eligible for Workers’ Compensation, the Responder must comply with the Workers’ Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance.

B. Commercial General Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the contract whether the operations are by the Responder or by a subcontractor or by anyone directly or indirectly employed by the Responder under the contract. Insurance minimum limits are as follows:

$5,000,000 – per occurrence $5,000,000 – annual aggregate $5,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:

Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability State of Minnesota named as an Additional Insured, to the extent permitted by law

C. Commercial Automobile Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the Responder will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows:

$2,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile

D. Network Security and Privacy Liability Insurance, Including Ransomware (or equivalent):

Responder will maintain insurance to cover claims which may arise from failure of Responder’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data including but not limited to confidential or private information, transmission of a computer virus or denial of service. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E. Professional/ Technical, Errors and Omissions, and or Miscellaneous Liability Insurance: This policy will provide coverage for all claims the Responder may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Responder’s services required under the Agreement. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E-Verify Certification (In accordance with Minn. Stat. §16C.075)

By submission of a proposal for services in excess of $50,000, Responder certifies that as of the date of services performed on behalf of the State, Responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. In the event of contract award, Responder shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Responder and made available to the State upon request.

Certification of Nondiscrimination (In accordance with Minn. Stat. § 16C.053)

The following term applies to any contract for which the value, including all extensions, is $50,000 or more:

Responder certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Diverse Spend Reporting

If the total value of the awarded contract may exceed $500,000 in the State, including all extension options, the Vendor must track and report, on a quarterly basis, the amount paid to diverse businesses both: (A) directly to subcontractors performing under the Agreement, and (B) indirectly to diverse businesses that provide supplies/services to your company (in proportion to the revenue from the awarded contract compared to your company’s overall revenue). When this applies, you will be set up in a free portal to help report the Tier 2 diverse spend, and the requirement continues as long as the contract is in effect.

http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc

EXHIBIT B

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Organization Name

Name and Title of Official Signing for Organization

By:_______________________________________

Signature of Official

Date

EXHIBIT C

STATE OF MINNESOTA – WORKFORCE CERTIFICATE INFORMATION

Information required for ALL bids or proposals that could exceed $100,000

Complete Box A or B of this form, and sign and return it with your bid or proposal. A Workforce

Certificate or exemption from the Minnesota Department of Human Rights (MDHR) is required to execute a contract in excess of $100,000 under Minn. Stat. §363A.36.

Signature

By signing this statement, I certify that the information provided is accurate and that I am authorized to sign on behalf of the company.

Name of Company Authorized Signature

Date Printed Name

Phone Number Title

For assistance with this form, contact:

Minnesota Department of Human Rights

Web: http://mn.gov/mdhr/ Toll Free: 1-800-657-3704

Email: compliance.mdhr@state.mn.us MN Relay: 711/ 1-800-627-3529

Rev. 7/21

BOX A – COMPANIES that have employed 40 or more full-time employees in this state or a state where the business has its primary place of business on any single working day during the previous

12 months, check one option below:

Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights (MDHR).

Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on

(date).

☐ Our company does not yet have a Workforce Certificate, but we acknowledge that a Workforce Certificate is required before a contract in excess of $100,000 can be executed with the State of Minnesota or other covered entities.

BOX B – EXEMPT COMPANIES that have not employed 40 or more full-time employees on a single working day in Minnesota or any state where it has its primary place of business during the previous 12 months, check option below if applicable:

We attest to MDHR that we are exempt. If our company is awarded a contract, upon request, we will submit to MDHR within 5 business days after the contract is fully signed, the names of our employees during the previous 12 months, the date of separation, if applicable, and the state in which the persons were employed.

Send to compliance.MDHR@state.mn.us.

http://mn.gov/mdhr/ mailto:compliance.mdhr@state.mn.us mailto:compliance.MDHR@state.mn.us

EXHIBIT D

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the state will award a 6% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

Veteran-Owned Preference Requirements - See Minn. Stat. § 16C.19(d):

1) The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

2) The principal place of business is in Minnesota AND the United States Department of Veterans Affairs verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74 (Supported By Documentation).

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference.

Claim the Preference

By signing below, I confirm that:

My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. By making this claim, I verify that:

• The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

• My company’s principal place of business is in Minnesota and the United States Department of Veteran’s Affairs verifies my company as being a…