34649_drug_and_alcohol_testing_rfp_final.pdf

State of Minnesota

MMCAP INFUSE

OFFICE OF STATE PROCUREMENT

REQUEST FOR PROPOSAL

Drug and Alcohol Testing, Products and Services

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

Request for Proposals for Drug and Alcohol Testing, Products and Services

RFP Release date August 5, 2024 Cutoff Date for Questions August 26, 2024, 2 pm Central Time Proposal Due Date September 19, 2024, 2 pm Central time

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 August 26, 2024 at 2pm 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

Section 3:

o Vendor Response o Technical Proposal o Required business applications or forms to do business with

Responder (submitted in PDF) Section 4:

o Drug and Alcohol Testing, Products and Services Cost Proposal (submitted in the Cost Proposal Worksheet and separate from RFP Response)

Section 5:

o Responder Certifications Acknowledgment o Exhibit A State’s General Requirements (read and acknowledgement in

Section 2.7 of the RFP document) o Exhibit B Certification Regarding Lobbying (submit in PDF) o Exhibit C Workforce and Equal Pay Declaration Page (submit in PDF) o If applicable, Exhibit D, Veteran Owned Preference (submit in PDF)

Where to Send Responses

Email your responses to MMCAP_Infuse.HPSRFP@state.mn.us with “[Company Name] for Drug and Alcohol Testing, Products and Services RFP” in the Subject line.

If your email is larger than the maximum allowed size, send your response in multiple emails. Use “[Company Name] for Drug and Alcohol Testing, Products and Services RFP Part [1/#] of [#]” in the Subject line.

Mailed responses will not be accepted.

Faxed responses will not be accepted.

Response Submission Deadline

Must be received no later than September 19, 2024 at 2pm Central Time as indicated by a notation made by the email timestamp. Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the responder.

SECTION 2 – RFP PROJECT INFORMATION

1. Overview and Goals.

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 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).

Membership is available to government-operated facilities, and the extent to which a Member participates in the program is voluntary.

MMCAP Infuse is seeking proposals from qualified vendors that will provide both Department of Transportation (DOT) and non-DOT regulated drug and alcohol testing, products and services. The program serves MMCAP Infuse Members requiring drug and alcohol testing of existing and prospective employees, as well as potential testing associated with harm reduction efforts nationally.

Proposals may include any combination of testing, products and services related to drug and alcohol testing and/or harm reduction. MMCAP Infuse will evaluate the responder’s capabilities in the technical proposal content. Responders must submit a proposal that services at minimum 10 states. Responders may subcontract to provide a more comprehensive offering of products and services, so long as those arrangements comply with the requirements of this RFP and resulting agreements.

This RFP cannot be used as a procurement vehicle by which the Responder and Member enter into their own stand-alone agreement. Please note the following product categories are already covered by MMCAP Infuse contracts and cannot be included in the drug and alcohol testing program: medical supplies, diabetic supplies, condoms, incontinence products, nutritional supplements, vaccines, and pharmaceutical products, unless specifically requested by MMCAP Infuse for this RFP.

2. Agreement and Duration

We anticipate that MMCAP Infuse will enter into agreements for an initial two (2) year term with an option to extend in increments determined by MMCAP Infuse, in compliance with Minnesota law. MMCAP Infuse will provide a draft of an Agreement to the awarded Responders. MMCAP Infuse will also request a final listing of testing, products, and services with “best and final” offers.

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

3. Scope of Work and Services (SOW)

The Scope of Work (SOW) for this RFP will be developed using the responses to the Technical Proposal Questionnaire. The following categories are examples of the expected tasks that may be generated from the responses to this RFP:

Drug and Alcohol Testing Services

MMCAP Infuse Members may conduct drug and alcohol testing both on employees and non-employees based on agency requirements, as well as state and local law. Positions requiring testing may include:

• Security sensitive positions in law enforcement (corrections, courts, probations and parole programs, police, deputy and state patrol departments);

• Safety-sensitive positions (public works, air and maritime servants, among others);

• Any other positions or programs requiring testing, including but not limited to employee testing, public assistance programs (Children and Family Services among others), Veterans Affairs (VA) homes, and Racing Commissions among others, as established by the State of Minnesota’s Drug and Alcohol Testing Plan, and subsequently, any other requirements by agencies participating from the resulting cooperative Contract(s).

If providing testing services, Vendors must operate as the service agent or Third-Party Administrator (TPA) to provide the following, in accordance with Member and/or Federal requirements:

• Pre-employment/pre-placement testing;

• Random testing (conducted in accordance with Member requirements using a scientifically valid method to determine the randomly selected employees);

• Post-accident testing;

• Reasonable suspicion testing;

• Return-to-duty testing;

• Follow-up testing;

• Confirmation testing; and

• Other related services as proposed.

Federally Regulated DOT Testing

In response to the Omnibus Transportation Employee Testing Act of 1991 (OTETA), the agencies that comprise the US DOT have established regulated testing to be conducted on employees and applicants within non-federal government agencies and authorized non-profit entities who perform safety-sensitive functions. These employees and applicants are subject to testing requirements, as specified by the DOT agencies as follows:

• Federal Aviation Administration (FAA) 14 Code of Federal Regulation (CFR) Part 120;

• Federal Motor Carrier Safety Administration (FMCSA) 49 CFR Part 382;

• Federal Railroad Administration (FRA) 49 CFR Part 219;

• Federal Transit Administration (FTA) 49 CFR Part 655;

• Pipeline & Hazardous Materials Safety Administration (PHMSA) 49 CFR Part 199;

• Department of Homeland Security (United States Coast Guard, USGC) 46 CFR Part 4 and 46

CFR Part 16

All testing based on the requirements of the federal agencies listed above, will be in accordance with DOT Rule 49 CFR Part 40, as amended.

Drug and Alcohol Testing Product Fulfillment

In addition to testing services, Vendors will have the opportunity to supply Members with products and supplies related to drug and alcohol testing, including substance test kits for harm reduction.

Relevant items may include:

• CLIA1 waived drug and alcohol testing devices/kits

• Alcohol detection devices

• Fentanyl, xylazine, and other test strips for harm reduction

• Presumptive field-testing kits

• Impairment detection devices

In addition to the tasks or activities set forth above, the Responders are encouraged to propose additional testing, products and services that may improve the results of this RFP. The proposed additional testing, products and services, along with their associated costs, must be separated from the RFP-required proposal items on the Cost Proposal (Section 4).

4. Minimum Qualifications Required (Pass/Fail)

• Proposals must be received on or before the due date specified in this solicitation.

• Responder must be able to serve/supply at least ten (10) states.

• Responder must have a minimum of three (3) years’ experience providing state and/or local government entities with drug and alcohol testing, and/or related products/services.

• For proposals including Federally regulated DOT testing, responder must also:

o Perform all test collections in accordance with DOT Rule 49 CFR Part 40, as well as to the regulations by each DOT agency.

o Have all laboratories, or subcontractor’s laboratories, certified by the Federal Department of Health and Human Services, under its National Laboratory Certification Program, pursuant to DOT Rule 49 CFR Part 40, Section 40.81, Subpart F.

o Meet required DOT chain-of-custody regulations related to testing, delivery, and reporting.

1 Clinical Laboratory Improvement Amendments of 1988

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.

MMCAP Infuse will consider for award the top scoring proposals among responses that are able to provide: a) DOT-specific testing, b) testing services beyond DOT regulated testing, and c) a substantial offering of drug testing, alcohol testing, and harm reduction products.

Factors Percentage Technical Proposal 70%

• Company Overview 20% of Technical Proposal

• Contract Management 20% of Technical Proposal

• Testing Capabilities and Processes 25% of Technical Proposal

• Ordering Systems, Inventory and Delivery 20% of Technical Proposal

• DOT Testing 15% of Technical Proposal

Cost Proposal 30%

• Testing Services 25% of Cost Proposal

• DOT Testing 25% of Cost Proposal

• Fees and Additional Services 20% of Cost Proposal

• Products 20% of Cost Proposal

• Discounts 10% of Cost Proposal

Preference Points (if applicable) Preference points are described under the State’s General Requirements and will be applied to the total score after points have been awarded.

• 12% Minnesota Certified Targeted Group/Economically Disadvantaged Preference

• 12% 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 awarded a 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.

6. MMCAP Infuse Rights Reserved

• Reject any and all responses received;

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

• Negotiate with the highest scoring Responder(s);

• Terminate negotiations and select the next response providing the best value for the State;

• Consider documented past performance resulting from a State contract in the evaluation process;

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

• Request a best and final offer from one or more Responders;

• The State reserves the right to request additional information;

• The State reserves the right to use estimated usage or scenarios for the purpose of conducting pricing evaluations. The State reserves the right to modify scenarios and to request or add additional scenarios for the evaluation; and

• The State reserves the right to require the removal of a subcontractor within a resulting agreement if the subcontractor is not able to meet the requirements or expectations of MMCAP Infuse or Members.

7. Alterations or Additions to the State’s General Requirements

If you wish to take exception to the State’s General Requirements (see 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 Requirements.

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

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:

Reporting/Data Contact Person:

Telephone Number:

E-Mail Address:

2. Minimum Qualifications Required (Pass/Fail)

The following will be considered on a pass/fail basis. Please take note of the separate Federally regulated DOT testing section, where responses may be Yes, No, or N/A. Responders who are unable to comply with the following criteria will not be considered for further evaluation.

Does Responder comply with each term? (Check yes or no for each requirement.)

Yes No Criteria Proposals must be received on or before the due date specified in this solicitation.

Responder must be able to serve/supply at least ten (10) states.

Please list states served below:

Responder must have a minimum of three (3) years’ experience providing state and/or local government entities with drug and alcohol testing, and/or related products/services.

Specific to Federally regulated DOT testing, does Responder comply with each term? (Check Yes, No, or N/A for each requirement. N/A should only be selected if proposal doesn’t include DOT regulated testing.)

Yes No N/A Criteria Responder must perform all test collections in accordance with DOT Rule 49 CFR

Part 40, as well as to the regulations by each DOT agency.

Responder’s laboratories or subcontractor’s laboratories must be certified by the

Federal Department of Health and Human Services, under its National Laboratory Certification Program, pursuant to DOT Rule 49 CFR Part 40, Section 40.81, Subpart F.

Responder meets required DOT chain-of-custody regulations related to testing, delivery, and reporting.

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

3. Technical Proposal Questionnaire

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

Any links provided in the technical proposal will not be considered. All documents referenced in your response MUST be submitted within the proposal to be considered. Do not include pricing for products or services in this section. Pricing must only be included in the Cost Proposal Worksheet as outlined in section 4.

Company Overview

1. How is your organization qualified to meet the drug and alcohol testing needs of MMCAP Infuse Members? Be sure to include:

a. A detailed description of your company history;

b. Total years’ experience;

c. Number of employees;

d. Current sales volume;

e. Specific examples of experience with states, counties, or cities providing related products and services; and

f. A complete list of all subcontractors or other joint arrangements, their roles (such as

TPA, laboratory), and their relevant qualifications.

2. Responders to this RFP must be capable of serving MMCAP Infuse Members in at least 10 states.

Please detail your service capabilities by state, including designations for in and out of network services as appropriate.

3. How does your team’s training and/or certifications prepare them to serve the MMCAP Infuse Membership, including first responders, mental health facilities, VA homes, correctional facilities, long term care facilities, universities, etc.?

4. What additional sales force training will you conduct internally to promote the MMCAP Infuse program/partnership?

5. Is there any litigation that has been brought forth or resolved over the last five (5) years that may impact your ability to do business in a Member’s jurisdiction?

6. Identify all contracts that have been terminated due to non-performance over the last five (5) years.

7. Disclose any other regulatory actions initiated against your organization or its subcontractors within the last five (5) years related to any of your proposed products and/or services.

Contract Management

8. Explain how you will onboard new Members and transition existing eligible Members to the agreement. Be sure to include the timeline for these processes.

9. MMCAP Infuse posts an updated membership roster daily that is accessible to our vendors.

Describe how you will use this roster to ensure bill-to and ship-to accounts are properly attached to MMCAP Infuse.

10. What steps will you take to ensure Members are receiving correct pricing? If a Member is not receiving the correct pricing, what is the procedure and timeline for attaching or re-attaching that Member? Will the Member receive credits and rebills? If so, how far back will pricing discrepancies be credited?

11. How will you ensure that non-MMCAP Infuse Members are not receiving MMCAP Infuse benefits and pricing?

12. Explain your capabilities to work with individual Members to implement their specific testing program(s).

13. How will you address requests by agencies to provide customized reports of their testing history?

14. Please describe training opportunities (in-person, webinar, etc.) available to Members, including:

a. Industry updates, regulation guidance, and statute interpretation;

b. Specimen collection training;

c. Reasonable suspicion training;

d. Data management software or online ordering system training; and

e. Other opportunities.

15. Describe how your organization will address customer service issues, conduct business reviews, monitor performance, ensure compliance, and respond to price inquiries.

16. Awarded vendors are expected to provide accurate monthly sales data for all products and services sold to Members, as well as prompt administrative fee reporting and payments. (Please see Exhibit E for reporting requirements.) Please describe how your organization is prepared to do so.

17. Describe your customer service hours and availability, including expected response times.

18. How will you resolve concerns brought forth by MMCAP Infuse or our Members? Please include any relevant policies and procedures.

19. Describe your business interruption plan. What alternate sources will you use in the event of a disruption? How will you inform MMCAP Infuse and affected Members?

Testing Capabilities and Processes

20. How are you and any of your associated laboratories abiding by industry standards, guidelines, and regulations, such as those from SAMHSA, OTETA, and ODAPC?2

a. Please include any applicable trainings/certifications from accrediting organizations, such as the Department of Health and Human Services, SAPAA, or NDASA3.

b. Explain how your organization is prepared to incorporate any future requirements.

21. Describe, in detail, your available network of collection sites.

a. Where are these sites located?

b. What are your standard collection hours?

c. How will you meet Member needs for 24/7 access outside of standard hours?

d. What is the response time for collection both within and outside of standard hours?

e. How are you addressing the challenges rural communities face with collection accessibility?

f. How are the collection technicians at these sites able to meet the needs of our

Members?

22. What capabilities do you offer for mobile and/or virtual collection? Please include any limitations such as coverage areas and collection types.

23. How will you meet our Members’ specific drug and alcohol testing requirements, through a documented chain custody process, for the testing scenarios listed below?

a. Pre-employment/pre-placement testing;

b. Random testing, including selection methods;

c. Post-accident testing;

d. Reasonable suspicion testing;

e. Return-to-duty testing;

f. Follow-up testing;

g. Confirmation testing; and

h. Additional testing scenarios that may be required by Members.

2 SAMHSA (Substance Abuse and Mental Health Services Administration), OTETA (Omnibus Transportation Employee Testing Act of 1991), ODAPC (Office of Drug and Alcohol Policy and Compliance) 3 SAPAA (Substance Abuse Program Administrators Association), NDASA (National Drug and Alcohol Screening Association)

24. List all drugs you are capable of testing for. Do not include pricing, as that should only be provided as part of the Cost Proposal Worksheet in section 4. For each drug, please also provide:

a. The accepted sample types for testing (such as urine, hair, blood, saliva/oral fluid, or sweat), and

b. The turnaround time for test results.

25. Describe how you use evidential breath testing (EBT) devices and/or non-evidential breath alcohol screening devices (ASD) for DOT and/or non-DOT screenings.

26. Describe the technologies you are using for testing, such as Enzyme-Linked Immunosorbent Assay

(ELISA), Enzyme Multiplied Immunoassay Technique (EMIT), Cloned Enzyme Donor Immunoassay (CEDIA), etc.

27. What adulterants are you able to detect? What other emerging threats do you see that may compromise accurate results, and how are you addressing these and future threats?

28. Using a diagram, please explain your workflow – starting from donor identification, onward through testing, notification, records storage and retrieval, MRO follow-up, retesting, and any additional processes, such as potential legal challenges. Please indicate which services you will be providing, as well as any actions Members will be responsible to complete themselves.

29. How does your organization utilize chain of custody forms to document the testing process?

a. Is this done via paper or electronically?

b. Are you able to provide Members with chain of custody forms for their own use?

30. Please explain how your organization will provide secured electronic, paper, fax and/or other applicable notifications of test results to each Member’s Designated Employer Representative

(DER)?

31. Members may require customized drug panels for their own programs. Please explain how your organization will add and manage these panels as requested.

32. Describe your data management practices when keeping and maintaining testing records, including:

a. How is the security and reliability of the data ensured?

b. How long are paper and electronic records retained?

c. What destruction processes are employed for the disposal of data?

33. What additional services are you able to offer our Members, either directly or through subcontractor(s)? Without providing specific pricing, please provide a chart of each service you offer, including a brief description of the service, relevant experience, and possible outcomes if applicable. Examples of services may include, but are not limited to:

• Medical Review Officer (MRO) services,

• Review of regulations/policy and associated training,

• Litigation assistance, including legal consultation and technical expert testimony,

• Reasonable suspicion training,

• Mock audits,

• Substance Abuse Professional (SAP) consultation,

• Employee Assistance Programs (EAP),

• Health Insurance Portability and Accountability Act (HIPPA) privacy and security compliance,

• Background checks/screening, or

• Correctional system treatment and counseling.

Ordering Systems, Inventory, and Delivery

34. Do you provide cups or other collection products with temperature or adulteration indicators?

Please describe how these precautions may benefit Members.

35. Describe how your offered products meet regulatory requirements, including those from the Food and Drug Administration (FDA).

36. Are the products you offer manufactured in an International Organization for Standardization (ISO) Certified manufacturing facility?

37. How does your organization ensure stock availability and notify Members of potential backorders?

Please describe your processes and timelines in the event of a backorder, being sure to include any relevant product usage/inventory management systems.

38. What unique indicators (SKUs, item numbers, etc.) do you use to identify specific products and services for the purpose of ordering, invoicing, and auditing?

39. How can you accept orders (phone, fax, mail, email, online ordering, EDI transactions, etc.) and what methods of payment do you take (check, purchasing cards (p-cards), ACH payment, etc.)?

40. If you offer an online catalog:

a. How will Members access this?

b. How quickly are order details accessible, and what reporting capabilities are available?

c. How is current inventory information, including backorders, displayed?

41. Describe your capacity to integrate with “punchout” systems (Member specific e-procurement systems), including:

a. Which platforms you currently work with,

b. Timeline for onboarding a new system, and

c. Steps to ensure systems are appropriately attached to contracted pricing and included within sales reporting to MMCAP Infuse.

42. Without disclosing pricing, detail any volume, prompt pay, or other discounts available to Members for products and/or services. Be sure to detail what criteria determines Member eligibility for each discount.

43. Describe your invoicing process, including any relevant policies or procedures.

44. What is your return policy? Please provide a copy of your policy, if applicable.

45. In the event of a recall, how will you notify Members? Please include any relevant policies and procedures.

46. It is expected that shipping will be Freight on Board (FOB) Destination, Freight Prepaid and

Allowed. What shipping methods are available to Members (standard, expedited, emergency/same-day, etc.)? For each shipping method:

a. How can a Member initiate the order?

b. What cut-off times apply?

c. What is the average timeline from order placement to delivery?

d. What costs will be incurred by the Member?

e. Are there limits to the number of orders that a Member can place weekly?

f. Are there any restrictions to delivery locations (receiving dock, warehouse, residential, etc.)?

Federally Regulated DOT Testing

If your organization will also be providing Federally regulated DOT testing, please make sure you complete the appropriate pass/fail responses in addition to responding to the following questions. If you will not be providing Federally regulated DOT testing, complete questions below with a response of N/A.

47. How does your organization comply with the DOT regulation 49CFR Part 40, and the DOT’s chain custody process including Chain of Custody Form requirements?

48. Please explain how your response to question #46 specifically addresses the requirements of DOT agencies (FAA, FMCSA, FRA, FTA, PHMSA, and the USCG) and their chain of custody processes.

SECTION 4 – COST PROPOSAL

Follow the instructions below when completing your cost proposal. Your cost proposal must be submitted as a separate Microsoft Excel file attached to your email response. No cost information should be provided in Section 3.

For the Cost Proposal Worksheet, follow the instructions as indicated on the first tab of the spreadsheet when completing your pricing analysis. No cost information should be provided in Section 3.

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 and Equal Pay Declaration

☐ 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 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 and 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 (VO) businesses will receive points equal to 12% percent of the total points available as preference.

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

Workforce 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 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.

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

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.

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

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

EXHIBIT C

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/ NXiong1 Highlight

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 Commissioner of Administration will award up to a 12% 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 (OEP) as being a veteran-owned or service-disabled veteran-owned small business.

or

2) The principal place of business is in Minnesota AND the US Small Business Administration 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 13, part 128.

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference. For Bids, the preference applies only to the first $2,000,000.

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 (OEP) 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 US Small Business Administration verifies my company as being a veteran-owned or service-disabled veteran-owned small business.

Name of Company: _____________________________ Date: ________________________________

Authorized Signature: _____________________________ Telephone: ________________________________

Printed Name: _____________________________ Title: ______________________________________

Sign and return this form with your solicitation response to claim the veteran-owned preference.

EXHIBIT E

REPORTING REQUIREMENTS

Required Data Fields for Administrative Fee Data Report

Excel Column Required Data Field Full Name for Administrative Fee Data Report A MMCAP Infuse Assigned Authorized Wholesaler Number B MMCAP Infuse Assigned Manufacturer Number C Direct or Indirect Purchase Indicator (I=Indirect, D=Direct) D Invoice Date (Point of Sale Date)

E Invoice Number F MMCAP Infuse Member G Vendor’s Account Number for the MMCAP Infuse Member H MMCAP Infuse Member DEA Number, if applicable I MMCAP Infuse Member HIN Number, if applicable

J MMCAP Infuse Member Address K MMCAP Infuse Member City

L MMCAP Infuse Member State M Product’s NDC (Use all 11 digits (00076888888)) N Product/Service Name O Credit Indicator (C = credit) P Contracted Units (The number of units purchased on contract.)

Q MMCAP Infuse Contracted Unit Price R Administrative Fee Decimal Percentage (The contracted administrative fee percentage for the NDC number. Report as a decimal (e.g. 0.030)) S Vendor Contracted Sales (Contracted Units * Contracted Unit Price.

Report in dollars) Administrative Fee Payment Amount (Administrative Fee Decimal Percentage * Vendor Contracted Sales. Report in dollars)

Required Data Fields for Sales Data Report

Excel Column Required Data Field Full Name for Sales Data Report

A MMCAP Infuse-assigned Member ID B MMCAP Infuse Member Name C Vendor Distribution Center Code D Vendor-assigned Account number for MMCAP Infuse Member (this should be the ship-to account number) E Invoice Number F Invoice Line Number G Purchase Order Number H Invoice date (MMDDYYYY) I Buyer name or equivalent of buyer ID for person submitting the invoices

(if available) J Vendor's (distributor) SKU item number K NDC of purchased Product as stored in First DataBank, Inc. (Required for pharmaceutical Products) L Label Name/Product/Service Description

M Unit Dose (Required for pharmaceutical Products) N Pack Size O Unit P Case Size Q Dose (Required for pharmaceutical Products).

R Strength (Required for pharmaceutical Products).

S Route (Required for pharmaceutical Products).

T Unit Price (99999.9999) U Quantity Ordered (not Vendor repackaged or re-bundled quantity)(99999.9999) V Quantity Shipped (not Vendor repackaged or re-bundled quantity)(99999.9999) W Extension (unit price multiplied by the quantity shipped) EXTENDED PRICE

(99999.9999) X Type of transaction (Core, Non-core) 1= Core, 2=Non-Core, 3=Non-admin fees sales

Y Bill to Address 1 Z Bill to City

AA Bill to State (2 alpha postal code) AB Bill to Zip (standard 5-4 format, no dash necessary) AC Ship to Address 1 AD Ship to…