35260_2025_mmcap_infuse_multisource_pharma_and_otc_rfp_1.pdf

State of Minnesota

MMCAP INFUSE

OFFICE OF STATE PROCUREMENT

REQUEST FOR PROPOSAL

for Generic/Multisource Pharmaceuticals and Over the Counter Products

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.

Request for Proposals for Generic/Multisource Pharmaceuticals and Over the Counter Products

Proposal Due Date: March 5, 2025, 2 p.m. Central Time

RFP Release Date January 15, 2025 Cutoff Date for Questions February 21, 2025, 2 p.m. Central Time Proposal Due Date March 5, 2025, 2 p.m. Central Time Contract Effective Date July 1, 2025

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 may 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 sent via email to those who have logged in to ePro to view their bid worksheet or downloaded a copy of this RFP through the State of Minnesota website:

https://osp.admin.mn.gov/GS-auto

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 (listed in the Vendor Response Form) 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.

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project:

MMCAP Infuse is requesting proposals for multisource pharmaceutical and multisource over the counter (OTC) products from manufacturers. MMCAP Infuse is required to conduct a public solicitation using fair and open competition to contract with Responders. Contracts awarded for Products 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 (Cencora), Cardinal Health 110 and 112, 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 very limited situations, additional MMCAP Infuse-contracted distributors may honor contract pricing through a chargeback mechanism. 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 in 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, 2025. If the product is not available by May 15, 2025, MMCAP Infuse reserves the right to withdraw the award and re-award the product to the next Responder providing the best value, or to dual award the product.

Products excluded from this solicitation include, but are not limited to:

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 D. Brand name or proprietary pharmaceuticals

2. Product Distribution:

Unless approved by MMCAP Infuse for direct sales or an alternate distribution model, Responder must have a contractual relationship with two of the 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, 2025, 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. Product loading and stocking is solely the responsibility of the Responder.

3. Contract Information and Duration:

• New Responders:

MMCAP Infuse anticipates the terms and conditions resulting from this RFP will last up to four

(4) years (Agreement) with an initial term of two (2) years.

Exceptions, alterations, and/or additions to the Sample Agreement is only required if

Responder does not hold a current agreement with MMCAP Infuse

• Incumbent Responders:

The terms and conditions are active until the expiration date listed in the Agreement and the product awards will be amended into your current Agreement.

Should an incumbent Responder not win any product awards as a result of this solicitation, it may lose its vendor status with MMCAP Infuse depending on the expiration date of its Agreement.

• All Responders:

This RFP requires products and pricing to be submitted into ePro from both new AND incumbent Responders.

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 directly with MMCAP Infuse, as opposed to the company the Responder represents.

4. Reporting to Authorized Wholesalers:

INCUMBENT RESPONDERS: Responders must notify the MMCAP Infuse Authorized Wholesalers of the removal of all products on Responder’s current Attachment A expiring on June 30, 2025. If the Responder is awarded the ability to offer Products and Pricing from this RFP, these will go into effect July 1, 2025, after an amendment is signed removing and replacing the Attachment A in the currently held Agreement. Responders must report awards as soon as they are announced and agreed upon by both parties to allow adequate time for auditing.

NEW RESPONDERS must report contract awards from this RFP to Authorized Wholesalers as soon as the Agreement is signed.

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, 2026). Fixed pricing terms are defined in Article 1.2 in the Sample Agreement Terms and Conditions (Exhibit A)

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%

Preference Points (if applicable) Preference points are described under the General Solicitation 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 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 new contract as a result of this RFP, MMCAP Infuse reserves the right to amend the current Agreement to include the scope of this RFP rather than issue a brand-new document.

6. MMCAP Infuse Rights Reserved

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

• Family awards

• Product formulations (e.g., alcohol free/sugar free, flavor, product, size)

• Packaging type based on facility need (e.g., non-metal tubes for correctional facilities, etc.)

• Products not carried by all of MMCAP Infuse Authorized Wholesalers

• Look-alike/sound-alike products

• Tall-man letters

• Unit-of-use bar coding and/or other patient safety features

• Unit-dose products

• Member-specific needs, such as flavor and color

• The product’s appearance on the current FDA/ASHP Drug Shortages List

• Products that do not have an NDC listed in First DataBank

• Products defined as having a narrow therapeutic index

• 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

Additional 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 may be considered in the evaluation process;

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

• The State reserves the right to request additional information ; and

• 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.

SECTION 3 – VENDOR RESPONSE FORM

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

1. Company and 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 110 and 112, 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.

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, 2025 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, 2025.

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

Responders should use the below checklist that is applicable to its current contract status with MMCAP Infuse prior to sending their responses to ensure a complete response is submitted:

Submission Requirements for New Responders Submission Requirements for Incumbent Responders

Section 3: Vendor Response Form Exhibit A: Exceptions to the MMCAP Infuse

Sample Agreement Terms and Conditions, submitted in Microsoft Word using “track changes,” unlocked and unrestricted for editing

Solicitation Form 1: General Solicitation Requirements (Read)

Solicitation Form 2: Certification Regarding Lobbying Form (submitted in PDF)

Solicitation Form 3: Workforce and Equal Pay Declaration Page (submitted in PDF)

Solicitation Form 4: Veteran Owned Preference (submitted in PDF, only if applicable)

Section 4: Products and Pricing, consisting of:

Electronic submission via ePro, at https://mmcap.buyspeed.com Email Response consisting of:

> Exhibit B: The completed Excel document that was submitted in ePro which contains proposed products and pricing.

> Exhibit C: If applicable, additional Proposed Products (submitted in the provided Excel document)

> Exhibit D: For each product being proposed, list the manufacturing facility location(s) where the product is manufactured (save an extra copy of Exhibit B and create a column for this information)

Section 3: Vendor Response Form Section 4: Products and Pricing, consisting of:

Electronic submission via ePro, at https://mmcap.buyspeed.com Email Response consisting of:

> Exhibit B: The completed Excel document that was submitted in ePro which contains proposed products and pricing.

> Exhibit C: If applicable, additional Proposed Products (submitted in the provided Excel document)

> Exhibit D: For each product being proposed, list the manufacturing facility location(s) where the product is manufactured (save an extra copy of Exhibit B and create a column for this information)

Additional information regarding the requirements above are located within the RFP document and should be reviewed thoroughly before submitting questions.

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

5. Alterations or Additions to the State’s Agreement (Required for ALL RESPONDERS)

If you wish to take an exception to the MMCAP Infuse Sample 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.

- 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.

- ePro will automatically shut down on the due date and time of the proposal and it will reject responses submitted after that time, even if it is in progress. Responses may not be considered if submitted via email after the deadline.

- Responders are asked to 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. If you do not follow the exact directions outlined in the submission instructions, your response will not be recorded properly and/or ePro will reject your response.

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

Please refer to the submission instructions for further details.

B. Email Submission Requirements

MMCAP Infuse requires all Responders to submit the list of documents in the Vendor Response Form to be submitted via email to MMCAP_Infuse.RFP@state.mn.us by the deadline. Responders who submit proposals that do not include all required documents via email may not be considered.

C. It is the sole responsibility of all Responders to submit an on-time proposal, regardless of technology challenges. Please plan accordingly.

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, Responder may propose these products using Exhibit C. If Responder does not utilize an 11-digit NDC, the UPC 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 November 1, 2023, and October 31, 2024. All totals are Members’ indirect purchases made through the MMCAP Infuse Authorized Wholesalers and do not include direct purchases, limited distribution network products, or specialty pharmacy products unless these products are distributed through the MMCAP Infuse Authorized Wholesalers and are available to MMCAP Infuse

Members. Usage data that is presented in this RFP is based upon twelve (12) months’ of rolling data within the timeframe above. The totals should only be considered an estimate of future usage based on Members’ previous purchases. MMCAP Infuse does not guarantee future purchase volume based on these estimates.

C. NDC Numbers

Each product proposed in ePro must have an 11-digit NDC code that is registered with First Databank, Inc. (FDB). The ePro system uses NDC labeler codes (the first five digits of an NDC) from FDB to generate a Responder-specific 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 item list or you see labeler codes that Responder does not have the 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 to identify products Responder does not intend to bid in the RFP. Please ensure that there are NO LEADING ZEROES 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. Responders who submit pricing in “eaches” will be asked to resubmit their bid. For example, if the package size is 1ML x 25, you must submit pricing for the entire package of 25, NOT the price for 1 vial.

E. Pricing Types

MMCAP Infuse accepts the following options for bid pricing type:

1. Fixed price (this price will be fixed for one year based on the terms of the Agreement)

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)

F. Changes to Products and Pricing

Price increases on multisource products after the RFP 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 Authorized Wholesalers accordingly.

G. Wholesale Acquisition Cost (WAC) The ePro system 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.

H. Awards from this RFP will be announced on or before May 15, 2025.

I. New Responders must submit their initial exceptions, additions, and/or alterations (redlines) to the MMCAP Infuse Sample Agreement (Exhibit A) with their RFP response. No communication regarding redlines will be permitted prior to the closing of this solicitation.

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 Responder 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 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 the MMCAP Infuse for investigation and appropriate action.

Certification Regarding Lobbying

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

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

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

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

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

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

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

Workforce and Equal Pay Declarations Page Rev. /1/2023

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)

Workforce and Equal Pay Declaration Page

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

Select all that apply:

We are a certificate holder:

Workforce Certificate under the name:

Workforce Certificate not applicable – MMCAP Infuse Vendor with NO direct sales or distribution

Equal Pay Certificate under the name: Not applicable – MMCAP Infuse WESA exemption memo dated 12/17/2018

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

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

Workforce Certificate not applicable – MMCAP Infuse Vendor with NO direct sales or distribution Equal Pay Certificate Application date (MM/DD/YYYY): Not applicable – MMCAP Infuse WESA exemption memo dated 12/17/2018

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 Certificate and, if applicable, Equal Pay Certificate, or approved exemption by the Minnesota Department of Human Rights is required before a contract can be executed.

We are Exempt:

We attest to the Minnesota Department of Human Rights that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in wh we have our primary place of business. The Minnesota Department of Human Rights 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.

We believe our company is exempt because .

The Minnesota Department of Human Rights will review and determine if your company is exempt.

Business Information Vendor/Supplier ID Vendor Email

Business Name Name of Contracting Agency

Administration/MMCAP Infuse

Authorized Signatory Name Title Date

Signature Email Phone

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.