ALIMS_RFP_Final.docx
DOCX document 116 KB Posted
- Attached to
- MNIT/HLB ALIMS Support
- Solicitation number
- 2000018403
- Issued by
- Minnesota
About this file
This is a Request for Proposal (RFP) issued by the Minnesota Department of Information Technology (MNIT) on behalf of 16 Health Licensing Boards seeking a vendor to provide ongoing customization, modification, support, and maintenance services for ALIMS (Automated Licensing and Information Management System). ALIMS is a regulatory management software platform designed to manage licensing and regulatory business processes for health practitioners across boards including medical practice, nursing, pharmacy, social work, physical therapy, occupational therapy, and others. The system operates on a shared core codebase with board-specific customizations and features configurable functions that support new and renewed license applications, complaint and discipline management, continuing education tracking, facility licensing, and public-facing services. The vendor will be responsible for bug fixes, hosting environment updates, code deployments, feature enhancements, security compliance, accessibility improvements, staff training, and knowledge transfer. Responses must be submitted through the SWIFT Supplier Portal by 2:00 pm Central Time on July 7, 2026. The anticipated contract term is August 1, 2026 through July 31, 2028, with an option to extend up to an additional three years in increments determined by the State.
The State will employ a two-tier evaluation process using pass/fail requirements in Tier 1, followed by scoring on approach (300 points), qualifications and experience (500 points), accessibility (100 points), and cost detail (100 points), with qualified responders advancing to Tier 2 for interview and demonstration (600 points) and final cost evaluation (400 points). Responders must demonstrate a minimum of five years' experience developing Microsoft.NET applications and must be capable of working with the existing technology stack including .NET, SQL Server, IIS, C#, Angular, and PrimeNG. The State anticipates making a single award resulting in a master contract under which work orders will be issued as needed for individual Board projects, with fixed-price quotes required for each project. All storage and processing of information must be performed within the United States, and no foreign outsourcing is permitted. Targeted group, economically disadvantaged, and veteran-owned businesses are eligible for preference points equal to 12 percent of total available points. The evaluation, negotiation, and selection process is anticipated to be completed by July 31, 2026.
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Other files
| File | Type | Posted |
|---|---|---|
| MNIT_HLB_ALIMS_Support.pdf | ||
| Attachment_E_Support_and_Maintenance.docx | DOCX document | |
| Addendum__2.pdf | ||
| Addendum__5.pdf | ||
| RFP_Attachments__POST.docx | DOCX document | |
| Sample_Master_Contract.docx | DOCX document | |
| Addendum__6.pdf | ||
| Addendum__3.pdf | ||
| Addendum__4.pdf | ||
| Attachment_C_FINAL.docx | DOCX document | |
| Addendum__1.docx | DOCX document |
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Text version
State of Minnesota Minnesota Department of Information Technology
REQUEST FOR PROPOSAL
INVITATION TO NEGOTIATE
Health Licensing Boards ALIMS Customization, Modification, Support, and Maintenance SWIFT Event ID: 2000018403
· Responses must be received not later than 2:00 pm, Central Time, July 7, 2026
· Late responses will not be considered
· As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Sec. 45.
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 651.201.2402 or go to the Office of Equity in Procurement home page, at https://mn.gov/admin/business/vendor-info/oep/.
SPECIAL NOTICE: This is a request for proposal. It does not obligate the State of Minnesota to award a contract or complete the proposed program, and the State reserves the right to cancel this solicitation if it is considered in its best interest.
This Solicitation requires proposals to be submitted through the SWIFT Supplier Portal. Please note the security changes below that may impact responders from submitting a timely response.
SWIFT SUPPLIER PORTAL SECURITY CHANGES
There are new security measures that the Minnesota Management and Budget implemented on October 16, 2022. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal. The goal of MFA is to create a layered defense that makes it more difficult for unauthorized system access to occur.
For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.
If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.
You are strongly encouraged to set your MFA during business hours of 8:00 A.M. to 4:00 P.M., Central Time, Monday through Friday. You may experience delay setting your MFA after hours.
TABLE OF CONTENTS
Solicitation Content
| SECTION 1 – INSTRUCTIONS TO RESPONDERS | 4 |
| SECTION 2 – SUMMARY OF SCOPE | 6 |
| SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION | 7 |
| SECTION 4 – PROPOSAL CONTENT | 8 |
| SECTION 5 – EVALUATION PROCEDURE AND CRITERIA | 11 |
| SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS | 14 |
Solicitation Attachments
· Attachment A: Responder Declarations
· Attachment B: Exceptions to State's Terms and Conditions
· Attachment C: Cost Detail
· Attachment D: Responder Form
· Attachment E: Support and Maintenance System Requirements
Sample Contract
1. Exhibit A: Contract Terms
2. Exhibit B: Insurance Requirements
3. Exhibit C: Specifications, Duties, and Scope of Work
4. Exhibit D: Pricing
SECTION 1 – INSTRUCTIONS TO RESPONDERS
Invitation to Negotiate
This solicitation is an Invitation to Negotiate (ITN). An ITN begins with an evaluation of proposals and results in an invitation to the highest-scoring Responders to negotiate proposals with the State. See additional detail in SECTION 5 – EVALUATION PROCEDURE AND CRITERIA.
| Steps for Completing Your Response |
| Follow the steps below to complete your response to this Solicitation: |
Step 1: Read the solicitation documents and ask questions, if any Step 2: Write your response Step 3: Submit your response
| Incomplete Submittals |
| A response must be submitted along with any required additional documents. Incomplete responses 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
The contact person for questions is:
Haylie Heil Contracts Attorney Haylie.Heil@state.mn.us
Include the following email subject line for all questions: “HLB ALIMS Support RFP 2000018403” Questions should be emailed to the contact by June 23, 2026 Other personnel are not authorized to answer questions regarding this Solicitation.
STEP 2 – WRITE YOUR RESPONSE
The Response Content section is in this link to Section 4. Prepare a written response and supply all requested content. Responses should address the requested information and documents detailed in Section 4. DO NOT INCLUDE Non-Public/Trade Secret data (as defined in this link to Minn. Stat. § 13.37).
Review, sign, and include the Responder Declarations with your response.
STEP 3 –SUBMIT YOUR RESPONSE
Where to Send Your Response
All responses to this solicitation (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (https://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above. Fax, e-mail, and printed responses will not be accepted or considered. All costs incurred in responding to this solicitation will be borne by the responder.
Late responses will not be considered. Responses received after End Date above will not be considered, even if errors or delays were caused by issues outside of responders’ control. If you need assistance please contact the SWIFT Vendor Assistance Helpline at 651-201-8100, Option 1, and then Option 1.
By submitting a response, your company is making a binding legal offer for the period of time set forth below in Section 6, Conditions of Offer.
SECTION 2 – SUMMARY OF SCOPE
Procurement Overview and Goals.
1.1 Purpose
The Minnesota Department of Information Technology Services (MNIT) is the central information technology hub for all State of Minnesota departments, boards, offices, and other state-run governmental entities. MNIT's mission is to deliver secure and reliable technology solutions. The agency has the responsibility for the management and delivery of executive branch information technology. MNIT, on behalf of the Minnesota Health Licensing Boards (Boards), is seeking to contract with a vendor to assist the Boards with their internally developed custom licensing application referred to as the Automated Licensing and Information Management System (ALIMS). ALIMS is designed to manage and support the Boards’ licensing and regulatory business processes.
This solicitation is seeking a vendor to provide the following services to support and maintain ALIMS: ongoing development, integration, enhancements, core code updates, and modifications that are necessary to ensure ALIMS functions to meet the needs of each Board, addresses any security concerns, and any state staff training needs surrounding the use of ALIMS.
1.2 Boards Overview
The Boards are a group of state Boards responsible for licensing various types of health practitioners in Minnesota. Each Board is accountable for its own budget and statutory responsibilities. However, the Boards collaborate in several administrative areas such as office space, procurement, human resources, and policy (where appropriate). A group of 16 Boards jointly use ALIMS, a customized licensing system that supports the management of practitioner licensing for each Board. ALIMS processes new and renewed licenses, manages complaints and discipline, tracks online payments, records required continuing education credits, manages facilities licensing, and more.
The Boards currently using ALIMS include:
1. Board of Medical Practice
2. Board of Nursing
3. Board of Pharmacy
4. Board of Social Work
5. Board of Marriage and Family Therapy
6. Board of Behavioral Health
7. Board of Physical Therapy
8. Board of Occupational Therapy
9. Dietetics and Nutrition Board
10. Board of Executives for Long-Term Services and Supports
11. Board of Optometry
12. Board of Veterinary Medicine
13. Board of Podiatric Medicine
14. Board of Chiropractic Examiners
15. Board of Barber Examiners
16. Health Professionals Services Program (not a licensing board, but an internal office that uses ALIMS)
* State reserves the right to expand this list should additional boards or other entities choose to begin utilizing ALIMS. New Boards seeking to access ALIMS may request services/support from the selected Responder.
A shared ALIMS core codebase serves all 16 Boards, with some features within the core codebase are configurable and there are customizations for individual Boards or smaller groups. Certain features are configurable to allow Boards to tailor their use of specific functions.
1.3 ALIMS Overview
ALIMS is a regulatory management software platform owned by the State of Minnesota. The ALIMS v3.0 platform consists of a common core code base with custom extensions developed to meet each board’s unique statutes, rules and procedures. As the platform continues to grow, the Boards recognize the need for a common support infrastructure that can meet the needs of individual boards, maintain commonality of the core system, and allow each Board to benefit from bug fixes, enhancements and new features developed for other boards. They also recognize the need to coordinate efforts among boards to ensure changes for one board do not negatively impact others and that the system as a whole is managed for the benefit of all Boards.
ALIMS Platform The platform consists of four main areas:
1. WebAPI/Entity Framework Data Access
a. A common code base that all agencies share but also has provider based code for each agency to implement agency specific legislation, rules, data access needs, and unique data features.
2. Internal Application (thick client)
a. The internal application provides access to regulatory data through the WebAPI architecture. All agencies have a common User Interface with ability to configure features and functionality for each agency. The agencies’ respective staff are the users of the internal application.
3. Online Application
a. The online application is the public facing portion of the platform, providing services to applicants, licensees, employers, and the public. It provides services through the WebAPI architecture. All services use a wizard approach process that tracks activity and responses from the online user. The online application uses token-based authentication along with a reverse proxy for access. Services provided through the online application include licensure transactions for applicants and licensees, license lookup/verification for employers and the public, and public data retrievals as well as other public facing services. It is also integrated with USBank, the state’s contracted real-time payment vendor.
4. Reporting
a. A reporting environment using Microsoft Reporting Services has been integrated into the internal application and may be used with the online application. Reporting services provides enhanced data retrieval in support of agencies’ operations and will provide data retrieval services to the public.
ALIMS Support Each Board operates under its own enabling legislation, which may impose unique requirements. However, the licensing processes across Boards are similar. Most Boards oversee multiple types of licenses. ALIMS supports the following individuals, facilities, and business processes:
1. Individuals:
a. Submission of new license applications and renewal requests
b. Verification that applicants meet requirements, including:
i. Education
ii. Passing scores from third-party licensing examinations (if applicable)
iii. Continuing education requirements (if applicable)
2. Facilities:
a. Certain Boards license facilities as well (e.g., Pharmacy, Board of Executives for Long-Term Services and Supports).
3. Complaints and Discipline
a. Complaint intake
b. Complaint investigation
c. Referral for discipline when appropriate
d. Board voting on disciplinary actions
4. Continuing Education
a. Entry of confirmed CE credits by CE providers
b. Submission of course and credit documentation by licensees
5. Reporting
a. Reporting within ALIMS is supported by SQL Server Reporting Services (SSRS). SSRS is also used for external and ad-hoc reporting needs.
6. Additional ALIMS Features
a. Integrations
b. Interfaces with national licensing organizations
c. Connections with interstate compact systems for sharing licensing data
d. Integration with an internal background check system
e. Scheduled data sharing (nightly, weekly, monthly) with other state agencies requiring current licensing information
f. Correspondence management, including integration with Microsoft Word
g. Document storage and management
h. Integration with U.S. Bank for electronic payments (PCI/DSS data is not stored in ALIMS)
i. Configurable checklist items used to record task completion dates, notes, and workflow steps Technology Architecture ALIMS is built primarily on Microsoft technologies, including virtual Windows Servers, IIS, SQL Server, .NET, and C#. It incorporates additional frameworks and libraries such as Angular and PrimeNG. Access methods include:
1. Board employees use a thick (local) client for back-office functions.
2. Licensees use public-facing web pages to submit new and renewal applications.
The system is currently hosted in Azure using virtual servers and traditional hosting methods. There may be possible future changes to move off of services that are running on virtual servers to native cloud services (for example, moving IIS services off a server to Azure app services).
1.5 Sample Tasks
Support Requirements The system periodically requires support and maintenance due to bug fixes, hosting environment updates (e.g., MS Word configuration changes, OS patching), and other operational needs. Support may involve collaborating with hosting teams, troubleshooting, and updating or deploying code. See attachment with more information about annual support.
Feature Enhancements The 16 Boards have differing priorities and budgets that drive enhancement requests. As a collaborative group, the Boards evaluate requests to implement features that benefit as many Boards as possible. Some enhancements apply to a single Board; others apply to multiple Boards.
Enhancement requests originate from a variety of places, such as:
1. Boards may be seeking to update their business processes
2. State legislature may pass legislation which gives one or more of the boards new responsibilities which will need to be managed within ALIMS
3. Externally defined security requirement
4. Upgrading versions of underlying technology Enhancement projects follow a standard software development lifecycle, including:
1. Creation of business requirements
2. Vendor input to estimate development costs
3. Establishment of contracts and budgets and workplan
4. Development, testing, and deployment to production tracked with the work plan The Selected Responder will be responsible for providing all services, support, and maintenance to ALIMS necessary to ensure each Board’s individual needs for ALIMS are met. Each project will be addressed via a Work Order Contract. The Selected Responder may be asked to perform any of the tasks outlined below:
1. Meet with Business Analyst and Subject Matter Experts to confirm understanding of requirements.
2. Provide and explain estimates for enhancements/new projects.
3. Meet with and work with State staff that are having problems with ALIMS, determine root cause of the problem and fix the problem.
4. This may be a team effort that includes teams for the MNIT organization.
5. A fix may be updating the ALIMS program and deploying new version, or it may have to do with adjusting the hosting environment.
6. Develop new features by adding to or modifying the existing codebase of ALIMS.
7. Test code changes.
8. Deploy new software versions to test environment for testing, and to production when ready.
9. Track resource billable time against project budgets.
10. Attend project/budget review meetings.
11. Develop and maintain up-to-date documentation
12. Comment code changes to facilitate code future management.
13. When directed, develop enhancements to ensure compliance with State of Minnesota security standards.
14. For more information concerning the State’s security policies: https://mn.gov/mnit/government/policies/security/
15. When directed, develop enhancements to ensure compliance with accessibility standards. (i.e. WCAG2.1 AA)
16. Training State of Minnesota IT staff and end users
17. Provide knowledge transfer
18. Additional tasks necessary for the ALIMS end users to utilize the system to accomplish business priorities Support and Maintenance See Attachment E for more information concerning anticipated support and maintenance service needs.
Master Contract Procedure The State anticipates making a single award resulting from this solicitation. The Selected Responder will be offered a master contract containing the standard contract terms under which work orders will be issued as needed for individual Board projects. MNIT will manage the master contract on behalf of the Boards. The Selected Responder may be asked to perform any of the services described in Section 2 of this solicitation.
Any Board that uses ALIMS may request a work order contract under the master contract. As needs arise, the State will contact the Selected Responder and provide details about the upcoming project. The Selected Responder will then provide a fixed‑price quote for completing the work associated with that project. Fixed price quotes must include anticipated hours required to complete the project and may not include hourly rates that exceed the hourly rates detailed in the master contract.
A work order contract must be fully executed before any work begins.
SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION
1. Anticipated Contract Term.
The term of this contract is anticipated to be from August 1, 2026 – July 31, 2028 with the option to extend up to an additional three years in increments determined by the State.
Question and Answer Instructions.
All questions should be submitted no later than the date and time listed in Section 1, Instructions to Responders. The State is not obligated to answer questions submitted after the question due date and time.
Only personnel listed above are authorized to discuss this solicitation with responders. Contact regarding this solicitation with any personnel not listed above could result in disqualification. This provision is not intended to prevent responders from seeking guidance from state procurement assistance programs regarding general procurement questions.
If a Responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the solicitation, please immediately notify the contact person detailed above in writing of such error and request modification or clarification of the document.
Additional Tasks or Activities.
Responders are encouraged to propose additional tasks, activities, or goods above and beyond the scope of what is requested in this solicitation if they will substantially improve the results of this procurement. Any costs associated with these additional tasks, activities, or goods should be clearly marked and separated from costs associated with the tasks, activities, or goods specifically requested under this solicitation. Because cost is a factor in the evaluation of responses to this solicitation, failure to separate costs for additional tasks, activities, or goods may result in those costs being included in a responder's cost detail and result in a lower cost score for that proposal.
SECTION 4 – PROPOSAL CONTENT
Please submit the following information:
Approach.
Responder should describe their approach to meeting State’s request in a timely manner. Responder should specifically describe how their approach differs when the State requires a more rapid timeline for delivery of services. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract and what makes the Responder uniquely suited to perform this work.
Responder should provide a description of the activities and processes that ensure the quality of deliverables. Responder should also provide information on how they verify quality and identify deliverables that are sub-standard.
Describe any safeguards you have in place to secure sensitive information, non-public, or private data.
Describe your approach to providing support and maintenance services.
This document should NOT list cost detail. If cost detail is included in this document, the State may disqualify the proposal as non-responsive.
Qualifications and Experience.
Responder should provide an outline of background and experience with examples of similar work done by the Responder and a list of personnel who will conduct the project, detailing their training, and work experience. Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to include personal contact information, please clearly indicate in the response that personal contact information is being provided.
Provide an overview of responder’s knowledge and experience developing software using a Microsoft technology stack. (.NET, SQL Server, IIS). Responder must expressly state how responder meets the following minimum requirement: Five years’ experience developing Microsoft.net applications.
Provide an overview of responder’s experience adhering to security compliance and policy requirements.
Accessibility The State of Minnesota requires all digital information technology to conform to the State of Minnesota Digital Accessibility Standard. Please provide responses to the questions below. Responses should detail your organization’s ability to ensure the State fulfills its accessibility responsibilities as outlined in the standard.
Describe how you ensure your staff and contractors have the knowledge and skills to create accessible digital technology within the scope of the project or services requested within this RFP.
Describe your approach to ensuring accessibility for your solution (e.g., strategy, tools, design, testing, ongoing validation).
Include if/how you incorporate accessibility into your development process (e.g., requirements, design, development, testing, maintenance, bug prioritization).
Include how you ensure accessibility post implementation (e.g., future enhancements).
Cost Detail. Complete and submit Attachment C, “Cost Detail,” attached to this solicitation.
Sample Transaction Documents. Prior to award, a potential successful Responder must submit samples of any transaction documents proposed for use under the resulting contract. The State will review the transaction documents to ensure they contain sufficient detail and to review additional terms and conditions contained therein, if any. The State reserves the right to request additional detail in the transaction documents or to reject additional terms and conditions within transaction documents. Once approved by the State, Contractor may not materially change transaction documents unless a change has been approved in writing by the Commissioner of Administration, as delegated to the Office of State Procurement. Any terms and conditions included in transaction documents but not approved by the State are voidable by the State. Any terms and conditions that are in conflict with Minnesota law or in conflict with the terms of the State Contract are void. Failure to void a non-approved term or condition included in a transaction document does not waive the State’s right to void any non-approved term or condition.
License Agreements, Maintenance Agreements, or Other Terms and Conditions.
Responder must provide any license agreements, maintenance agreements, or any other terms and conditions relevant to the work under a resulting contract. Review and approval by the State will be required prior to contract execution. In the event Responder fails to comply with this provision, Responder agrees that it will not seek to enforce terms and conditions of any such agreement against the State. Further, failure to provide any of the pertinent documents upon request may result in the State not agreeing to sign any additional documents, rejecting your response, or cancelling the award.
Submit all requested documentation, including, but not limited to, the following documents:
1. Attachment A: Responder Declarations
2. Attachment B: Exceptions to State's Standard Terms and Conditions
3. Attachment C: Cost Detail
4. Attachment D: Responder Forms
a. Workforce and Equal Pay Declaration Page
b. Equal Pay Certificate Form
DO NOT INCLUDE Non-Public/Trade Secret data (as defined by Minn. Stat. § 13.37).
SECTION 5 – EVALUATION PROCEDURE AND CRITERIA
The State will conduct an evaluation of responses to this Solicitation. The evaluations will be conducted using a two-tier scoring methodology described below.
1. TIER 1
Phase 1 - Responsiveness and Pass/Fail Requirements. The purpose of this phase is to determine if each response complies with mandatory requirements. The State will first review each proposal for responsiveness to determine if the Responder satisfies all mandatory requirements. The State will evaluate these requirements on a pass/fail basis.
Mandatory Requirements. The following will be considered on a pass/fail basis:
1. Five years’ experience developing Microsoft.net applications Phase 2 - Evaluate Responses. Only responses found to have met Phase I criteria will be considered in Phase II.
In Tier 1, responses will be rated as follows:
The factors and weighting on which responses will be judged are:
| 1. Approach | 300 points |
| 2. Qualifications and Experience | 500 points |
| 3. Accessibility | 100 points |
| 4. Cost Detail | 100 points |
| 1000 points | |
| 5. Preference Points (if applicable) | 120 points (in addition to 1,000 available) |
Preferences points are described under Solicitation Terms and will be applied to the total score after points have been awarded. Each Responders’ total score in Tier 1 will consist of the technical score, cost score, and preference points, if applicable.
Phase 3: Shortlist. Each Responder will be ranked based on each Responder’s Tier 1 total score. The State will shortlist the highest scoring Responders by determining the natural break in Responders’ scores. Only the highest scoring Responders in Tier 1 will advance to Tier 2.
TIER 2
Phase 1 - Evaluate Responders. All Responders’ scores will be re-set to zero prior to beginning Tier 2.
In Tier 2, Responders will be rated as follows:
The factors and weighting on which responses will be judged are:
| 1. Interview/Demonstration | 600 points |
| 2. Cost Detail | 400 points |
| 1000 points | |
| 3. Preference Points (if applicable) | 120 points (in addition to 1,000 available) |
Preferences points are described under Solicitation Terms and will be applied to the total score after points have been awarded. Each Responders’ total score in Tier 2 will consist of the technical score, cost score, and preference points, if applicable.
Phase 2 - Select Finalist(s). The State will make its selection based on best value, as determined by this evaluation process. Each Responder will be ranked based on each Responder’s Tier 2 total score. The State will begin negotiating with the highest scoring Responder in Tier 2. The State reserves the right to pursue negotiations on any exception taken to the State’s standard terms and conditions. In the event that negotiated terms cannot be reached, the State reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder. If the State anticipates multiple awards, the State reserves the right to negotiate with more than one Responder.
Invitation to Negotiate. The State will invite the highest-scoring Responders (“Finalists”) to negotiate based on best value as determined by this evaluation process. The State will engage Finalists in individual negotiations to determine which finalist provides the best value to the State.
The State and a Finalist may negotiate any aspect of a Finalist’s proposal. The State may terminate negotiations with a Finalist at any time if in its sole discretion the Finalist’s proposal does not provide best value to the State. At the conclusion of negotiations the State will document its rationale and make an award to the Finalist whose negotiated proposal represents the best value to the State. The rationale will at a minimum consider cost, technical capabilities/quality, security, risk, timeframe, and accessibility. The State reserves the right to award to multiple Finalists if in the best interest of the State.
It is anticipated that the evaluation, negotiation, and selection will be completed by July 31, 2026.
SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS
Unenforceable Terms As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Section 45.
Unenforceable terms
(a) A contract entered into by the state shall not contain a term that:
| (1) | requires the state to defend, indemnify, or hold harmless another person or entity, unless specifically authorized by statute; |
| (2) | binds a party by terms and conditions that may be unilaterally changed by the other party; |
| (3) | requires mandatory arbitration; |
| (4) | attempts to extend arbitration obligations to disputes unrelated to the original contract; |
| (5) | construes the contract in accordance with the laws of a state other than Minnesota; |
| (6) | obligates state funds in subsequent fiscal years in the form of automatic renewal as defined in section 325G.56; or |
| (7) | is inconsistent with chapter 13, the Minnesota Government Data Practices Act. |
(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term shall be void and the contract is enforceable as if it did not contain that term.
Solicitation Terms
1. Competition in Responding The State desires open and fair competition. Questions from responders regarding any of the requirements of the Solicitation must be submitted in writing to the Solicitation Administrator listed in the Solicitation before the due date and time. If changes are made the State will issue an addendum.
Any evidence of collusion among responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.
Addenda to the Solicitation Changes to the Solicitation will be made by addendum with notification and posted in the same manner as the original Solicitation. Any addenda issued will become part of the Solicitation.
Content and Form of Solicitation By submitting a response to this solicitation, Responder consents to the form and content of this solicitation.
Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.
Joint Ventures The State allows joint ventures among groups of responders when responding to the solicitation. However, one responder must submit a response on behalf of all the others in the group. The responder that submits the response will be considered legally responsible for the response (and the contract, if awarded).
Withdrawing Response A responder may withdraw its response prior to the due date and time of the Solicitation. For solicitations in the SWIFT Supplier Portal, a responder may withdraw its response from the SWIFT Supplier Portal. For solicitations done any other way, a responder may withdraw its response by notifying the Solicitation Administrator in writing of the desire to withdraw.
After the due date and time of this Solicitation, a responder may withdraw a response only upon showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to Solicitation Administrator within a reasonable time and prior to the State’s detrimental reliance on the response.
Rights Reserved The State reserves the right to:
· 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.
Samples and Demonstrations Upon request, Responders are to provide samples to the State at no charge. Except for those destroyed or mutilated in testing, the State will return samples if requested and at the Responder’s expense. All costs to conduct and associated with a demonstration will be the sole responsibility of the Responder.
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.
Trade Secret Information Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37.
In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the State in favor of the party requesting the data, and any and all costs connected with that defense.
The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.
A responder may present and discuss trade secret information during an interview or demonstration with the State, if applicable.
Conditions of Offer Unless otherwise approved in writing by the State, Responder’s cost detail and all terms offered in its response that pertain to the completion of professional and technical services and general services will remain firm for 180 days, until they are accepted or rejected by the State, or they are changed by further negotiations with the State prior to contract execution.
Award Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. The State reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State, providing each Responder is in compliance with all terms and conditions of the solicitation. The State 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.
Requirements Prior to Contract Execution Prior to contract execution, a responder receiving a contract award must comply with any submittal requests. A submittal request may include, but is not limited to, a Certificate of Insurance.
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 651.201.2402.
Reciprocity State shall comply with Minn. Stat. § 16C.06, subd. 7, as that applies to a non-resident vendor. This paragraph does not apply for any project in which federal funds are expended.
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