C-952_RFP.docx

State of Minnesota Department of Administration

REQUEST FOR PROPOSAL

Construction Solicitation Virtual Plan Room

SWIFT: G0210-2000015626

Date Posted: March 28, 2024

· Responses must be received not later than 3:00 PM, Central Time, May 16, 2024

· Late responses will not be considered

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 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

Solicitation Attachments

· Attachment A: Responder Declarations

· Attachment B: Exceptions to State's Terms and Conditions

· Attachment C: Cost Detail

· Attachment D: Responder Forms

· Veterans Preference Form (If Applicable)

· Workforce and Equal Pay Declaration Page

· Attachment E: Additional Information

· Attachment F: Functionality Grids

· Attachment G: Transition Plan

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

· Exhibit C: Specifications, Duties, and Scope of Work

· Exhibit D: Pricing

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Step 1: Read the solicitation documents and ask questions, if any Step 2: Write your response Step 3: Submit your response

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

How to Ask Questions

The contact person for questions is:

Doug Heeschen, Procurement Coordinator Director Department of Administration, Office of State Procurement mailto:Doug.Heeschen@state.mn.us Questions should be emailed to the contact by April 12, 2024.

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.

The State of Minnesota (the State) is in need of a Contractor to provide a Construction Solicitation Document Management System to;

· Advertise and collect online bidding submittals for construction projects,

· Post “Construction Manager at Risk Request for Clarifications/Request for Proposals,”

· Distribute construction documents related to the bid to prospective bidders,

· Maintain the Plan Holders List,

· Distribute addenda to all Plan Holders, and

· Design and Host a webpage for the Office of State Procurement construction solicitations for most state agency and CPV member postings as well as a second website for Minnesota Department of Transportation (MNDOT) construction solicitations for projects for which the Owner is MnDOT.

The State seeks a commercial off-the-shelf (COTS) demonstrable solution, which is currently being utilized.

This Request for Proposal (RFP) describes a relationship to be established between the State and a responder to provide a Construction Solicitation Document Management System. The RFP also specifies contractual conditions and details the basis for the responses, the subsequent review, and the final selection process.

Detailed Contract obligations and measures of performance will be defined in the final negotiated Contract(s). The RFP shall not be construed to limit the State’s right to issue or not issue any Contract, to reject all proposals, or to negotiate with more than one responder. Specific rights are detailed elsewhere in this RFP.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from November 1, 2024, to November 1, 2029. The contract may be extended for up to an additional 5 years, in increments as determined by the State, through a duly executed amendment.

Estimated Amount.

The estimated total dollar value of the contract for one year is $200,000.00. However, this shall not be construed as either the minimum or maximum amount. It shall also be understood and accepted by the responder that any quantities shown in this solicitation are estimated quantities only and impose no obligation upon the State either minimum or maximum.

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 proposal and result in a lower cost score for that proposal.

Dispute Resolution Procedures.

Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to the contact person for this solicitation prior to the solicitation opening due date and time. Any issue a responder has with the Contract award must be submitted in writing to the contact person for this solicitation within five business days from the time the intent to award or the Contract award date is made public. This public notice may be made by any of the following methods: notification by letter or email, posted on the OSP website, https://mn.gov/admin/osp/, or electronic notification by our electronic procurement system, SWIFT. The State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: the contact person for this solicitation, the Office of State Procurement (OSP) Acquisitions Manager, and the OSP Director.

SECTION 4 – PROPOSAL CONTENT

SPECIFICATIONS

BACKGROUND

The Department of Administration is requesting proposals for a Construction Solicitation Virtual Plan Room to advertise construction bids, post Construction Manager at Risk Request for Qualifications/Request for Proposals, distribute construction documents related to the bid to prospective bidders, maintain the Plan Holder’s List, and distribute addenda to all Plan Holders. The State seeks a commercial off-the-shelf (COTS) demonstrable solution currently being utilized.

The Contractor will work with the State to Design and Host a webpage for the Office of State Procurement construction solicitations for most state agency and CPV member postings as well as a second website for Minnesota Department of Transportation (MNDOT) construction solicitations for projects for which the Owner is MnDOT. These will allow the State, its agents, and CPV Members to post construction documents to the Contractor’s website. The Contractor will provide this service at no-cost to the State; however, the Contractor may charge a fee to customers who request construction documents. The Contractor must be able to provide project documents requested electronically to customers. The Contractor will record all required information about each customer in order to maintain a Plan Holder’s List to be provided to the State. The Construction Solicitation Virtual Plan Room will be implemented and maintained by Contractor. The Construction Solicitation Virtual Plan Room must link back to the State Agency’s or CPV Member’s designated websites. Links must provide customers the ability to view plans without a charge from the State Agency’s or CPV Member’s designated websites. This will allow customers to preview documents to determine if their company will want to bid. The State will also gather information about optional features, including: 1) whether the Construction Solicitation Virtual Plan Room can manage responses to a non-scored Request for Information, and 2) whether the Construction Solicitation Virtual Plan Room has the capability to be used for accepting construction solicitation responses in a secure and effective way.

USAGE

The State intends for the Construction Solicitation Virtual Plan Room to be used by all State agencies; however, the State reserves the right not to post all projects on the Construction Solicitation Virtual Plan Room. The number of downloaded projects from the existing Contractor’s site in 2023 was 298. The numbers of projects posted to the site in 2023 by State Agency’s or CPV Members are as follows:

DEFINITIONS

Agency or State Agency: Department of Administration or any other agency of the State of Minnesota, as defined by Minnesota Statutes §16C.02 Subd. 2.

Addenda: Additional or revised plan sheets, specifications or special provisions issued after initial advertisement of a project, correcting or supplementing information in the construction documents.

Business Hours: 8:00 a.m. to 4:30 p.m. Central time, Monday through Friday, excluding State holidays listed in Minnesota Statutes §645.44.

Construction Documents: All documents related to advertising a construction project to the public including, but not limited to: plans, drawings, proposals, solicitations, addenda.

Construction Solicitation Virtual Plan Room: Internet vendor-based solution to advertise opportunities, deliver construction documents and addenda to bidders, and maintain Plan Holder’s List of construction projects for the State.

Contractor: The responder who is awarded the contract resulting from this solicitation, also referred to as Contractor.

CPV Member: Cooperative Purchasing Venture (CPV) members are primarily local units of government (cities and counties), school districts, and Minnesota State colleges and universities (MinnState). The current listing of members may be found here: https://mn.gov/admin/osp/other-purchasers/cpv/cpv-list.jsp.

Customer: Any party (for example a construction contractor, subcontractor, construction document bid distributor or material supplier) seeking access to the State’s construction documents for bidding purposes.

Plan: A construction plan, drawing and proposal with specifications and special provisions developed by the State, or its agent, for purposes of seeking bids to construct a structure or other public works.

Plan Holders: Any party that has downloaded plans as part of a per-transaction fee or as part of an annual subscription. Interchangeable with subscriber or purchaser.

Plan Holders List: List of the Customers who have downloaded construction documents for a project from the Web Based Construction Document Management System.

State SWIFT Events: Announcements of one-time and term contract solicitations for goods and services, and solicitations for small construction contracts. See Link: https://mn.gov/admin/osp/vendors/solicitations-and-contract-opportunities/.

State’s Agent: Includes participating consulting architects and design consultants and any other entities hired by the State to perform work on its behalf.

User: User shall be a State Agency, the State’s Agent, or a CPV member.

MANDATORY AND DESIRED ITEMS

Responder shall include a narrative (as separate attachment) as part of their response for each item listed below. Narratives shall be numbered in the same order as items listed below, or your response may be rejected.

Requests for clarification or question regarding these items should be submitted before the question due date and time indicated above.

(M) = MANDATORY – These items need to be checked yes for proposal to be considered responsive and provide detail on how your company meets this requirement

(D) = DESIRED – These items should have a narrative providing detail on how your Company meets this desired item.

Note: If no responder can satisfy a Mandatory specification, the State reserves the right to treat that specification as Desired and to score each response to that specification based on the narrative provided.

Ensure your response includes the current, requested and emerging functionality documents attached to this Request for Proposal.

RESPONSE CONTENT

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.

Accessibility of Services or Products. The responder should complete, in an accessible format, the Section 508 and Web Content Accessibility Guidelines (WCAG) sections in a Voluntary Product Accessibility Template (VPAT®) for all software, hardware, and websites (as applicable) as proposed in response to the solicitation. Vendors can use the VPAT form from the ITIC VPAT site. (Under “Resources,” select the “508” option, as it contains both 508 and WCAG forms.) For systems with multiple interfaces (such as an admin and user interface), complete a VPAT for each interface. These documents will be scored according to the solicitation evaluation.

Responders are encouraged to reference the “Vendor VPAT Guidance” in the “Products” tab on the Accessible IT Procurement page (https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp) for information and instructions on completing the VPATs. Respondents should also review the related guidance documents on the same site for solicitation reviewers to understand expectations. The responder is strongly encouraged to provide remarks and explanation that both support compliance and detail any deficiencies, as even if you claim “supports” unless there are remarks and explanations, you may score low.

Cost Detail. Complete and submit Exhibit D Price Schedule attached to the sample contract.

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.

Product Documentation. Responder must provide equipment sales literature, technical data or specifications, a user manual, or other documentation about the product upon request by the State, and at no cost to the State. Product documentation should include items such as, but are not limited to, product information, product functionality, and operation instructions. Product documentation may be provided digitally unless the State requires the documentation be provided in print.

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 Proposal

4. Attachment D: Responder Forms

a. Veterans Preference Form (If Applicable)

b. Workforce Certification and Equal Pay Declaration Page

5. Attachment E: Additional Information

6. Attachment F: Functionality Grids

7. Attachment G: Transition Plan

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 in three phases:

Phase 1 - Review responses for responsiveness and pass/fail requirements Phase 2 - Evaluate responses Phase 3 - Select finalist(s)

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:

· Responses must be received by the due date and time specified in this RFP.

· System meets PCI Data Security Standard (“PCIDSS”).

· System meets all requirements in Attachment F – Functionality Grids that are marked M for Mandatory.

Phase 2 - Evaluate Responses Only those responses found to have met Phase 1 criteria will be considered in Phase 2.

The factors and weighting on which responses will be evaluated are:

Preference points are described under Solicitation Terms and will be applied to the total score after points have been awarded.

Phase 3 - Select Finalist(s) Only those responses that have been evaluated under Phase 2 shall be eligible for Phase 3.

The State will make its selection based on best value, as determined by this evaluation process. 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 or take other actions as the State deems appropriate. If the State anticipates multiple awards, the State reserves the right to negotiate with more than one Responder.

It is anticipated that the evaluation and selection will be completed by June 30, 2024.

SECTION 6 – 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.

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;

· Award by location or item, including category, by groups of items, or all items (therefore, the responder is encouraged to offer a response for all locations or items.)

· 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 proposal and all terms offered in its response that pertain to the prices and terms offered in its response pertaining to the sale of goods or 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 651.296.2600.

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.

DEED and DHS Preference.

In accordance with Minn. Stat. § 16C.155, eligible DEED/DHS providers will receive points equal to 6% percent of the total points available.

Specifications Response will be held to strict compliance with the specifications. If a response deviates from the specifications, the deviation must be clearly noted, and the State reserves the right to reject the response. All specifications are for new items unless otherwise noted in the solicitation. When brand name or manufacturer’s name or numbers are stated in the specifications, they are intended to establish a standard only and are not restrictive unless the solicitation states: “No Substitute.” Responses may be considered on other alternate makes, models, or brands having comparable quality, style, and performance characteristics. Any alternates included in a response are subject to State approval.

Distributor or Manufacturer’s Representative If your company is a distributor or manufacturer’s representative, as defined in MN Rules 1230.0150, and you are submitting an offer on behalf of the Original Equipment Manufacturer (OEM), your company must either:

· Be listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative, or

· You must provide a letter from the OEM, on the OEM letterhead, stating the Responder is authorized to sell the specific product listed in the Solicitation, or the OEM’s full line of products, and that all OEM equipment warranties are applicable. (This requirement may be met by attaching the OEM letter to the Solicitation response.)

The Responder shall be the single point of contact through which customers will arrange warranty work that is still covered under the original equipment manufacturer’s warranty on the equipment that is purchased.

Pursuant to MN Rules 1230.0150, responses from brokers will not be accepted.

Prompt Payment Discounts Offered If a responder offers a discount for a payment made in less than 30 days, this discount will not be considered in the evaluation of the response. A prompt payment discount will be calculated from the date of acceptance of an undisputed invoice or upon the date a disputed invoice is resolved.

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