C-1183_RFP_attachments_FINAL.pdf

Rev. July 2023

ATTACHMENT A: RESPONDER DECLARATIONS

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

A. Response 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

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. 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

2. 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 Minnesota Attorney General for investigation and appropriate action.

D. 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 an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. 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 organizational 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.

E. 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:

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 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.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, 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.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

A price proposal document will not be used for this solicitation. Responders must enter the total “Percentage Plan” of their proposal in SWIFT at the unit line level. If a responder needs assistance with entering their proposal, they may contact the Vendor Assistance Help Desk at (651) 201-8100, option #1, and then option #1 again.

ATTACHMENT D: RESPONDER FORM

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.

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Contractor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

2. Indicate the quantity of rental equipment available for use at Annie Battle Lake by filling in the number of items you can provide for each category along with the make and model:

____ Canoes, Make and Model ___ _

____ Solo Kayaks, Make and Model ___ _

____ Tandem Kayaks, Make and Model ___ _

____ Stand-up Paddleboards, Make and Model ___ _

____ Hydro Bikes, Make and Model ___ _

3. Indicate the quantity of rental equipment available for use at Molly Stark Lake by filling in the number of items you can provide for each category along with the make and model:

____ Canoes, Make and Model ___ _

4. Indicate the quantity of rental equipment available for use within Glendalough State Park by filling in the number of items you can provide for each category along with the make and model:

____ Adult Bikes, Make and Model _

____ Youth Bikes, Make and Model __

____ Electric Assist Bikes, Make and Model _

____ Child Carrier Attachments, Make and Model _

____ Youth Tag-Along Attachment, Make and Model _

____ Weehoo Bike Trailer Attachment, Make and Model _

____ Six Passenger Surrey Bikes, Make and Model _

____ Three Passenger Surrey Bikes, Make and Model _

Rev. 9.01.2021

____ Electric Assist Bikes, Make and Model _

____ Dual Trike, handicap accessible, Make and Model _

5. Indicate which DNR owned equipment and how many the contractor plans to use to meet the minimum requirements.

____ Row Boats

____ Canoes

____ Tandem Kayak

____ Paddle Boat

____ Park Rescue Motorboat

6. Are you able to provide all required safety equipment for all rental equipment offered? Mark either yes or no below.

Yes____ No____

7. Provide your rental equipment pricing and discounts offered that are applicable to each rental item below:

Glendalough State Park Equipment Type Hourly Price ½ Day Price Full Day Price Discount Canoes $ $ $ Solo Kayaks $ $ $ Tandem Kayak $ $ $ Stand Up Paddleboards $ $ $ Hydro Bikes $ $ $ Row Boat $ $ $

Adult Bikes $ $ $ Youth Bikes $ $ $ Electric Assist Bikes $ $ $ Child Carrier Attachments $ $ $ Youth Tag Along and Weehoo Attachments

6 Passenger Surrey Bikes $ $ $ 3 Passenger Surrey Bikes $ $ $ Dual Trike $ $ $

Additional Options: $ $ $

8. Provide a schedule that outlines detailed hours of operation and staff hours for each of the following periods.

8.1 Pre-Memorials Day Season: Service and staff hours from the first full weekend in May until the Thursday before Memorial Day weekend.

8.2 Memorial Day to Labor Day: Service and staff hours from the Friday of Memorial Day weekend through Labor Day.

8.3 Post-Labor Day Season: Service and staff hours from the Tuesday after Labor Day until the third weekend in October.

8.4 Holiday Weekends and Holidays: Service and staff hours for major holiday weekends and holidays (Memorial Day /4th of July/Labor Day).

8.5 Inclement Weather Conditions: Service hours and staff hours during periods of inclement weather.

9. Provide a sample of the monthly gross receipt’s documentation. These reports are due monthly to the park manager, by the 15th of the month preceding months rentals. Refer to Sample Contract and Exhibits, Exhibit D, Supplement 1: Reporting Requirements.

9.1 Transaction Reports. This could be a till tape or a printout of transactions.

This report must include at a minimum the following items:

9.1.1. Sales of food, ice, and refreshments

9.1.2. Resale items sold

9.1.3. Equipment rentals and revenue categorized by type: bicycles, bicycle attachments, canoes, kayaks, rowboats, paddleboards, paddleboats, etc.

9.1.4. Total revenue

9.1.5. Total sales tax collected

9.1.6. Total staff hours worked

As the Responder, have you uploaded the above sample transaction documentation as required? Mark either yes or no below.

Yes _____ No _____

10. Subcontracting. Are you subcontracting? Mark either no or yes below. If yes, indicate what services and provide point of contact information below.

No _ ___ Yes____ , the following services will be subcontracted: ____________________ _____

Subcontractor’s Legal Name Address

Contact Person (Contract) Email Address Telephone Number

11. Experience. Responders must provide the number of consecutive years they have been in business and have a minimum of at least (3) three years’ experience providing similar requirements as those referenced in Exhibit C:

Specifications, Duties, and Scope of Work under the Sample Contract and Exhibits.

10.1 Does your business have at least 3 years of providing product with similar requirements as found in Exhibit C: Specifications, Duties and Scope of Work? Mark either yes or no below.

Yes ______ No ______

10.2 Indicate your company’s years of experience. ____________Years.

12. Concessionaire Food. Responders are to indicate if their response will include either pre-packaged, onsite prepared food or a combination of pre-packaged and onsite prepared food.

☐My business is going to offer pre-packaged food under the contract

☐My business is going to offer onsite prepared food under the contract.

☐My business is going to offer a combination of pre-packaged and onsite prepared food under the contract.

In the event of offering onsite pre-prepared food Responders must provide with their response or agree to obtain a valid MN Department of Health license.

☐My business holds a valid MN Department of Health license, and I have uploaded a copy with my response.

☐My business plans to apply for a license with the MN Department of Health. Once I have a valid license I will provide a copy to the contract administrator.

☐I don’t plan on serving food that would require a valid MN Department of Health license.

13. Reservation. Responders shall confirm that they have a website that allows Minnesota residents and visitors of Glendalough State Park to access and reserve equipment specified under the contract. Provide website address below:

14. Merchandise and Food for Resale. Responders shall provide a list of all items they plan to sell within the concessionaire space located within the Glendalough State Park facility: