32145_MMCAPInfusePharmaceuticalandOTCProd. - 2023 ePro.pdf

State of Minnesota

MMCAP INFUSE

OFFICE OF STATE PROCUREMENT

Request for Proposals (RFP) for Pharmaceuticals and Over the Counter Products

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

Request for Proposals for Pharmaceuticals and Over the Counter Products

Proposal Due Date: March 15, 2023, 2 p.m. Central Time

RFP Release Date January 18, 2023 Cutoff Date for Questions March 8, 2023, 2 p.m. Central Time Final RFP Answers Posted March 10, 2023 Proposal Due Date March 15, 2023, 2 p.m. Central Time Contract Effective Date July 1, 2023

MMCAP Infuse (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 (Members) are state agencies and political subdivisions throughout the United States.

Membership is available to government-operated facilities, and the extent to which a Member participates in the program is voluntary. Members can include but are not limited to the following classes of trade: correctional facilities, psychiatric treatment facilities, student health services, public health services, nursing homes, and public hospitals. For more information on MMCAP Infuse, visit www.infuse-mn.gov.

SECTION 1 – INSTRUCTIONS TO RESPONDERS

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

How to Ask Questions

Questions must be emailed to MMCAP_Infuse.RFP@state.mn.us by the Cutoff Date for Questions listed in this RFP. MMCAP Infuse staff will not respond to any material questions regarding the scope of the RFP after the Cutoff Date for Questions. MMCAP Infuse Members must not be contacted regarding this RFP.

Questions will be answered in batches as they arrive. Answers will not be attributed to the entity asking the question. Repetitive questions will be batched, summarized, and answered with a single response. The final posting of answers will be no later than 4:30 p.m., Central Time on the Final RFP Answers Posted date listed in this RFP.

For the duration of this solicitation, MMCAP Infuse will post answers to questions on an ongoing basis. Answers will be issued as an addendum. Addendum Notifications will be automatically e-mailed to those who downloaded a copy of this RFP through the State of Minnesota portal: http://www.mmd.admin.state.mn.us/process/admin/postings.asp and will be available for download. Responders will not receive automatic notice of addenda when obtaining this RFP from any other source.

http://www.infuse-mn.gov/ mailto:MMCAP_Infuse.RFP@state.mn.us http://www.mmd.admin.state.mn.us/process/admin/postings.asp

STEP 2 – ACCESS and SUBMIT to ePro ePro

MMCAP Infuse uses Periscope’s ePro (formerly BuySpeed) to conduct its RFPs.

Responders should access ePro at https://mmcap.buyspeed.com as soon as possible. If Responders have any trouble accessing ePro, email MMCAP_Infuse.RFP@state.mn.us.

If you do not have an ePro account already, MMCAP Infuse will create one for Responders when the below information is sent to MMCAP_Infuse.RFP@state.mn.us. Accounts will be set up on a first come, first served basis, and may take up to 48 hours.

• Company name

• Full address

• Primary contact name and title

• Primary contact phone number

• Primary contact email address

• Contact responsible for submitting the RFP name and title, if different

• Contact responsible for submitting the RFP phone number

• Contact responsible for submitting the RFP email address

• Federal Employer Identification Number (FEIN)

Responders will utilize the same ePro Login ID from last year’s RFP. If a responder does not have this information, they must request it via email from MMCAP_Infuse.RFP@state.mn.us. Responders who cannot remember their passwords should use the ePro Login Assistance feature to reset the password.

STEP 3 – WRITE YOUR RESPONSE

Request for Proposals (RFP)

Insert your response to the questions as asked or provide content as requested. By signing this response, your Company is making a legal, binding offer for a contract to provide services to the State of Minnesota.

STEP 4 – SIGN & SUBMIT YOUR RESPONSE

Submitting your proposal

Please refer to the checklist(s) on the Vendor Response Form (Section 3) for the required documents for a complete proposal. A physical signature or an official eSignature (such as DocuSign) is required.

Where to Send Your Response

Responder must submit their products and pricing in ePro and send an email response of the completed proposal documents above to MMCAP_Infuse.RFP@state.mn.us with “[Vendor Name] Pharmaceutical RFP Response” in the subject line. If the attachments are too large to submit, you can send your response in multiple emails. Please indicate how many total emails we are to expect to determine all submission items are received.

Response Submission Deadline

Responses must be received no later than the Proposal Due Date and time listed in this RFP as indicated by the email timestamp to be considered. All costs incurred in responding to this RFP will be borne by the responder.

Responders are encouraged to prepare and submit proposals prior to the due date, as late proposals may not be considered.

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.

https://mmcap.buyspeed.com/ mailto:MMCAP_Infuse.RFP@state.mn.us

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project:

MMCAP Infuse is requesting proposals for pharmaceutical and over the counter (OTC) products from manufacturers and suppliers. MMCAP Infuse is required to conduct a public solicitation using fair and open competition to contract with Responders. Products awarded as a result of this solicitation will be ordered through and delivered to Members using MMCAP Infuse-contracted pharmaceutical wholesalers. The current MMCAP Infuse pharmaceutical wholesalers are AmerisourceBergen Drug Corporation, Cardinal Health, and Morris & Dickson Co. (Authorized Wholesalers). MMCAP Infuse reserves the right to work with its Authorized Wholesalers during the RFP process to verify information related to Responders’ proposals. In certain limited or restricted alternate distribution models, FFF Enterprises, or other MMCAP Infuse-contracted distributors may also serve as wholesalers or suppliers.

Direct sales from contracted vendors to members are not the preferred method of delivery but may be permitted at the discretion of MMCAP Infuse.

All products proposed for this RFP must be available in the marketplace, as well as loaded and viewable in the MMCAP Infuse Authorized Wholesalers’ ordering systems, by May 15, 2023. If the product is not available by May 15, 2023, MMCAP Infuse reserves the right to withdraw the award and re-award the product to the next Responder providing the best value.

Products excluded from this solicitation include:

A. Pharmaceuticals compounded under Section 503B of the Federal Food, Drug, and Cosmetic Act

B. Oral, metabolic, infant formula, and enteral nutritional supplement products C. Homeopathic products without an active pharmaceutical ingredient

2. Product Distribution:

Unless approved by MMCAP Infuse for direct sales or an alternate distribution model, Responder must have a contractual relationship with two out of three Authorized Wholesalers. In the event of a pre-approved alternate distribution model outside of the Authorized Wholesalers, MMCAP Infuse reserves the right to dual award those products. By May 15, 2023, the MMCAP Infuse Authorized Wholesalers will be given the names of awarded Vendors, the awarded products, and the contract prices. MMCAP Infuse requires written confirmation that products and pricing have been reported to its Authorized Wholesalers prior to the product effective dates. While MMCAP Infuse will work with Authorized Wholesalers to stock awarded products, product stocking is solely the responsibility of the awarded Responder.

3. Contract Information and Duration:

• For newly awarded Responders, we anticipate the terms and conditions resulting from this RFP will last up to one (1) year (Agreement)

• For incumbent Responders, the duration will align with the current agreement

• Agreement extensions beyond the originating term may be offered on an extremely limited basis and only when both MMCAP Infuse and the awarded vendor agree to the term and/or extension

• MMCAP Infuse multisource vendors who hold a current agreement are contractually required to refresh products and pricing on an annual basis. This RFP serves as the annual solicitation for incumbent generic vendors to refresh products and pricing and allows new responders to submit responses to potentially become a contracted vendor with MMCAP Infuse. Should an incumbent responder not win awards as a result of this solicitation, it will not lose its vendor status with MMCAP Infuse

• This RFP cannot be used as a procurement vehicle by which the Responder and member enter into their own stand-alone agreement

• For Responders that are responding on behalf of another company, MMCAP Infuse reserves the right to ask the Responder to contract with MMCAP Infuse, as opposed to the company Responder represents

4. Reporting to Authorized Wholesalers:

Responders who do not have a current Agreement: Responders must report contract awards from this RFP to Authorized Wholesalers as soon as contracts are signed.

Responders who have a current Agreement: Unless otherwise noted in the contract, all products listed on the Responder’s current Attachment A will expire on June 30, 2023. Responders must notify the MMCAP Infuse Authorized Wholesalers of the removal of all products on Attachment A expiring on June 30, 2023. A new Attachment A with products and pricing awarded from this RFP will go into effect July 1, 2023 and will be added to the contract via amendment. Responders must report contract awards from this RFP to Authorized Wholesalers as soon as Attachment A amendments are signed.

MMCAP Infuse staff will assist both new and incumbent vendor partners on timeline and next steps throughout the process.

5. 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 Agree to fixed pricing for the term of the contract (through June 30, 2024). Fixed pricing terms are defined in Articles 1.2 through 1.5 in the Sample Agreement Terms and Conditions

10%

Ability to completely comply with Administrative Fee Data Format listed in Article 7 of the MMCAP Infuse Sample Agreement Terms and Conditions (e.g., Responder’s ability to produce requested reports in the desired format) as evidenced by a sample report due with the Proposal submission

5%

Communication with the MMCAP Infuse Authorized Wholesalers via EDI (electronic data interchange) for chargebacks, contract load and product loading.

5%

Agree to 3% Administrative Fee on all contracted items 5% Price 75%

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

This RFP does not obligate MMCAP Infuse to award a contract or complete the project, and the State reserves the right to cancel the solicitation if it is in its best interest.

If a Responder with an Agreement with MMCAP Infuse is awarded a contract as a result of this RFP, MMCAP Infuse reserves the right to amend the active agreement to include the scope of this RFP rather than issue a brand-new document.

6. Additional MMCAP Infuse Rights Reserved

MMCAP Infuse typically makes awards to one Responder (sole awards) per drug, strength, and pack size. MMCAP Infuse reserves the right to either not award or dual/multi award products based on the following:

A. Family awards B. Product formulations (e.g., alcohol free/sugar free, flavor, product, size) C. Packaging type based on facility need (e.g., non-metal tubes for correctional facilities, etc.)

D. Products not carried by the MMCAP Infuse Authorized Wholesalers E. Look-alike/sound-alike products F. Tall-man letters G. Unit-of-use bar coding and/or other patient safety features H. Unit-dose products I. Member-specific preferences, such as flavor and color J. The product’s appearance on the current FDA/ASHP Drug Shortages List K. Products that do not have an NDC listed in First DataBank L. Products defined as having a narrow therapeutic index M. Additional award decisions will be made when, in the opinion of MMCAP Infuse, therapeutic response, patient compliance, product availability, quality, and/or patient safety may be adversely affected if a single manufacturer’s product line (all strengths and package sizes) is awarded

SECTION 3 – VENDOR RESPONSE FORM

INSTRUCTIONS: Fill in the information requested below, sign, and submit with your response.

1. Responder’s Contact Information

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:

E-Mail Address:

Admin Fee Contact

E-Mail Address:

Membership Contact

Reporting/Data Contact

2. Pass/Fail Criteria

Does Responder comply with each term?

Yes No Term cGMP Responder certifies it is compliant with the Food and Drug Administration’s current

“Good Manufacturing Practices” (cGMP) (as codified in 21 C.F.R. § 201-211) and the current United States Food, Drug, and Cosmetic Act, if applicable

Drug Supply Chain Security Act (DSCSA) Responder is compliant with all currently applicable sections of the Drug Quality and Security Act Title II.

Authorized Wholesalers/Chargeback System Responder has products available from at least two of MMCAP Infuse’s three Authorized Wholesalers (AmerisourceBergen, Cardinal Health, and Morris & Dickson) AND has a chargeback system in place with these wholesalers. If Responder checks “No,” an explanation must be provided in Responder’s submission.

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

3. Scored Criteria (Preferences further defined in section 2.5 of this RFP document)

Yes No Term Price Increases Responder agrees to fixed pricing for the term of the contract, through June 30, 2024 as defined in Articles 1.2 through 1.5 in the Sample Agreement Terms and Conditions.

Administrative Fee Data Responder will provide data in the format and timeframe defined in Article 7 of the MMCAP Infuse Sample Agreement Terms and Conditions Administrative Fee Responder agrees to offer a 3% administrative fee on all products through June 30, 2024.

Communication via Electronic Data Interchange (EDI) Responder’s chargebacks, contract product, and contract pricing communication with MMCAP Infuse’s Authorized Wholesalers is via EDI.

4. Requirements for a complete submission The documents listed below are required for a complete proposal. Instructions are split into two groups, Responders that do not have a current contract and Responders who have a current pharmaceutical contract whose Attachment A (listing of contracted products) expires on June 30, 2023.

Responders should use the following checklist(s) prior to sending their responses to ensure a complete response is submitted:

New Responders:

Solicitation Form 1: General Solicitation Requirements (Read) Vendor Response Form, Section 3 (this document) Exceptions to the MMCAP Infuse Sample Agreement Terms and Conditions, Exhibit A, submitted in

Microsoft Word unlocked and unrestricted for editing. If you are downloading this RFP from ePro, the Sample Agreement Terms and Conditions, Exhibit A, is attached in a separate document.

Solicitation Form 1: General Solicitation Requirements (Read) Solicitation Form 2: Certification Regarding Lobbying Form (submitted in PDF) Solicitation Form 3: Workforce Certificate (submitted in PDF) If applicable, Solicitation Form 4: Veteran Owned Preference (submitted in PDF) Products and Pricing, Section 4, consisting of:

Electronic submission via ePro, at https://mmcap.buyspeed.com Electronic Excel spreadsheet via email, of products and pricing that is submitted by Responder in ePro. Name this Excel spreadsheet Exhibit B and include it with your response.

If applicable, Exhibit C, Additional Proposed Products (submitted in Excel)

For each product being proposed, list the manufacturing facility location(s) where the product is manufactured

Incumbents:

Solicitation Form 1: General Solicitation Requirements (Read) Vendor Response Form, Section 3 Products and Pricing, Section 4, consisting of:

Electronic submission via ePro: https://mmcap.buyspeed.com Electronic Excel spreadsheet via email, of products and pricing that is submitted by Responder in ePro. Name this Excel spreadsheet Exhibit B and include it with your response

If applicable, Exhibit C, Additional Proposed Products (submitted in Excel) For each product being proposed, list the manufacturing facility location(s) where the product is manufactured

5. Alterations or Additions to the State’s Agreement (Responders who DO NOT have a current contract)

If you wish to take an exception to the State’s Agreement (Exhibit A), please indicate that below and attach any appropriate documentation.

☐None

☐See attached document detailing proposed alterations and/or additions to the State’s General Terms.

The following signature requires a physical signature or official eSignature (such as DocuSign) By signing, I acknowledge that the 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 4 – Products and Pricing Proposal

Submission Requirements

A. Electronic Submission Via ePro MMCAP Infuse uses ePro (https://mmcap.buyspeed.com) for receiving and evaluating Products and Pricing Proposals submitted in response to this RFP. All Responders must use this web-based system. Products and Pricing Proposals submitted in any other manner may not be considered. Your Responder-specific bid worksheet is accessed via ePro. Please refer to the MMCAP Infuse Pharmaceutical RFP Submission Instructions for further guidance.

IMPORTANT NOTES REGARDING YOUR ePro SUBMISSION:

- Entering and submitting your bid will take a considerable amount of time if instructions are not precisely followed

- Be sure to follow the submission steps in order. Submission instructions are included with the Attachments in ePro. For assistance with ePro, email MMCAP_Infuse.RFP@state.mn.us or call the MMCAP Infuse ePro helpdesk at 651-201-3320

- Responders are asked to kindly ensure that no leading zeroes are missing from the bid worksheet.

This includes (but is not limited to) the NDC column and the GCN Seq Number column

- It is recommended that Responders submit proposals a minimum of 48 hours prior to the Proposal Due Date to allow for any submission errors that may require assistance

- Late proposals will be rejected by ePro and will not be considered if submitted via email after the deadline unless the ePro Helpdesk determines that there is no other way to submit your proposal

- Responders are asked to kindly ensure that no leading zeroes are missing from the bid worksheet.

This includes (but is not limited to) the NDC column and the GCN Seq Number column. Please refer to the submission instructions for further details on how to download, save, and upload the bid worksheet

- Once submitted in ePro, quotes can be withdrawn and resubmitted until the Proposal Due Date.

Follow the instructions in the MMCAP Infuse Pharmaceutical RFP Submission Instructions to withdraw and submit another quote

B. Email Submission Requirements

MMCAP Infuse requires a copy of Responder’s completed Products and Pricing Proposal be submitted via email. All Responders must send a copy of the Excel (.xlsx format) document of their proposal to MMCAP_Infuse.RFP@state.mn.us. . Please refer to the checklist in the Vendor Response Form (Section 3) for the additional required documents to complete your submission. Products and Pricing Proposals that do not submit the required documents via email may not be considered.

Additional Information:

A. Additional Proposed Products (Exhibit C) In the event a Responder wishes to include any products in its proposal that are not available on their bid worksheet, and they cannot be added to your bid worksheet by contacting MMCAP Infuse, they may propose these products using Exhibit C. If Responder does not have 11-digit NDCs, the UPCs and/or SKUs with a detailed description of the product(s) must be submitted via Exhibit C to be considered.

Exhibit C is available with the RFP documents in ePro.

B. Usage data

Product usage data, which is available in your bid worksheet, reflects MMCAP Infuse Members’ purchases between December 1, 2021 and November 30, 2022. All totals are Members’ indirect purchases made through AmerisourceBergen Drug Corporation, Cardinal Health, and Morris & Dickson Co. and do not include direct purchases, limited distribution network products, or specialty pharmacy https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmmcap.buyspeed.com%2F&data=02%7C01%7Csara.turnbow%40state.mn.us%7C96e13222704b472ecf0908d7a3400755%7Ceb14b04624c445198f26b89c2159828c%7C0%7C0%7C637157367699749000&sdata=qInvOlOyeycmPnkePMHEz8nMsom8Ox%2BijU%2FjVeekcV0%3D&reserved=0 products unless these products are distributed through the aforementioned MMCAP Infuse authorized wholesalers and are available to MMCAP Infuse members.

C. NDC Numbers Each product proposed in ePro must have an 11-digit NDC code that is registered with First Databank, Inc. (FDB). ePro uses NDC labeler codes (the first five digits of an NDC) from FDB to generate a Responder-specific bid item list that Responders use to submit their Product and Pricing proposals. If you do not see your labeler code included in your ePro-generated bid item list or you see labeler codes that you don’t have authority to offer, it may be possible to add or remove labeler codes to your profile by contacting MMCAP_Infuse.RFP@state.mn.us. Do not add/delete any rows or columns from your ePro-generated bid worksheet. Doing so will result in an error message when uploading your bid. Please follow the MMCAP Infuse Pharmaceutical RFP Submission Instructions to properly utilize the No-Bid column in your bid worksheet. Please ensure that NO LEADING ZEROES are missing in the NDC column and the GCN Seq Number column prior to uploading your bid worksheet to ePro.

If Responder receives an award, it is expected that the 11-digit NDC numbers and UPCs/SKUs submitted to MMCAP Infuse in this proposal will be reported to MMCAP Infuse’ Authorized Wholesalers in the same format.

D. Product Pricing

Provide the price per package (saleable unit) as described by the NDC. Extend prices two decimal places only.

E. Pricing Types

MMCAP Infuse accepts the following options for bid pricing type:

1. Fixed price (this price will be fixed for one year with no exceptions)

2. Non-fixed, with a minimum 30-day notice of price increase to MMCAP Infuse

3. Non-fixed, with a minimum 60-day notice of price increase to MMCAP Infuse

4. Non-fixed, with a minimum 90-day notice of price increase to MMCAP Infuse

5. Percentage off Wholesale Acquisition Cost (e.g., 5% off WAC)

6. Fixed discount off WAC (e.g., $10.00 off WAC)

For Responders that have a current contract, pricing type submitted must match Responder’s current contract terms and conditions, which are found in Article 1 of the Agreement (Exhibit A). No changes to contract terms are permitted without an amendment to the contract. If you wish to change your pricing structure, please contact MMCAP_Infuse.RFP@state.mn.us to discuss further options.

F. Changes to Pricing Price increases on multisource products after the bid closes and prior to the contract start date may be subject to re-award. It is the vendor’s sole responsibility to notify MMCAP Infuse of any price changes and report changes to the wholesalers accordingly.

G. Wholesale Acquisition Cost (WAC) ePro utilizes First Databank (FDB) as its source of product information, including WAC. Pricing must be consistent with the packaging indicated by the NDC. FDB’s WAC may not always be consistent with the packaging indicated by the NDC. There is no need to modify WAC in your proposal, as MMCAP Infuse will clarify inconsistent pricing. Responders will have the opportunity to review their list of product awards prior to signing contracts or amendments.

SOLICITATION FORM 1

General Solicitation 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 Minnesota’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 Responder was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, Minnesota may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

Proposal Contents By submission of a proposal, Responder warrants that 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.

Required Reporting. During the length of the contract, Responder agrees to provide the required data and metrics in the format that MMCAP Infuse will provide to the awarded Responders.

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.

https://mn.gov/admin/business/vendor-info/oep/

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.

SOLICITATION FORM 2

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

Workforce and Equal Pay Declarations Page Rev. 11/7/2022

Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce

Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________

☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________

☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us

Administration/MMCAP Infuse

(If applicable)

Not applicable - MMCAP Infuse WESA exemption memo dated Dec, 17, 2018

Not applicable - MMCAP Infuse WESA exemption memo dated Dec, 17, 2018

SOLICITATION FORM 3

https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

SOLICITATION FORM 4

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 veteran-owned or service-disabled veteran-owned small business (Supported By Attached Documentation)

Name of Company: _____________________________ Date: _________________________

Authorized Signature: _____________________________ Telephone: ___________________

Printed Name: _____________________________ Title: _______________________

Attach documentation, sign, and return this form with your solicitation response to claim the veteran-owned preference.