DOC_OMS_RFP_FINAL.pdf

Rev. July 2023

State of Minnesota

Department of Information Technology Services partnering with the Department of Corrections

REQUEST FOR PROPOSAL

Operations Management System (OMS) for MN Department of Corrections

SWIFT Event #2000015368

Date Posted: March 14, 2024

• Responses must be received not later than 2:00 PM, Central Time, May 6, 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 www.mn.gov/admin/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.

file://ADM-MMD-SRV-1.admin.state.mn.us/SHARE/OSP%20Assets/APPROVED%20Forms,%20Policies,%20Templates/PT/Templates/www.mn.gov/admin/oep

Rev. July 2023 Page 2 of 17

TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS

SECTION 2 – SUMMARY OF SCOPE

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

SECTION 4 – PROPOSAL CONTENT

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

SECTION 6 – SOLICITATION TERMS

Solicitation Attachments

• Attachment A: Responder Declarations

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

• Attachment C-1: Cost Detail Single Implementation

• Attachment C-2: Cost Detail Module Implementation

• Attachment D: Responder Forms o Veteran-Owned Preference Form o Workforce and Equal Pay Declaration Page

Solicitation Appendicies

• Appendix A-1 – Project and Implementation Approach for Single Implementation

• Appendix A-2 – Project and Implementation Approach for Module Implementation

• Appendix B – Functional Requirements

• Appendix C – Non-functional Requirements

• Appendix D – Interface Requirements

• Appendix E – Project Gates and Deliverable Acceptance

• Appendix F – OMS Applications

• Appendix G – Project Management

• Appendix H – Data and Infrastructure

• Appendix I – On-Going Support and Training

• Appendix J – Accessibility Narrative

Sample Contract

• Exhibit A: Contract Terms

• Exhibit B: Insurance Requirements

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

• Exhibit D: Pricing

Rev. July 2023 Page 3 of 17

SECTION 1 – INSTRUCTIONS TO RESPONDERS

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:

IT Procurement Minnesota Department of Information Technology Services IT.Procurement@state.mn.us

Questions should be emailed to the contact by April 1, 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

Proposals should be submitted to it.procurement@state.mn.us by the Date/Time listed in the SWIFT posting. Email attachments are limited 25 MB. Responders may send multiple emails if required. Responders should use the file naming listed in the various response sections.

Late responses will not be considered. Proposals must be received by the End Date/Time listed in the SWIFT posting. Submission Date/Time will be indicated by email timestamp. All costs incurred in responding to this RFP will be borne by the Responder. Fax or printed proposals will not be accepted or considered. Responses received after the due date will not be considered.

The State shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the State.

https://www.revisor.mn.gov/statutes/cite/13.37

Rev. July 2023 Page 4 of 17

SECTION 2 – SUMMARY OF SCOPE

Procurement Overview and Goals.

The Minnesota Department of Information Technology Services (MNIT) partnering with Minnesota Department of Corrections (DOC), collectively the State, will select a market leading commercial off-the-shelf (COTS) Corrections Operations Management System (OMS)1 cloud-based application to replace the functionality currently provided through the collection of programs and legacy technologies encompassing DOC’s existing Corrections Operations Management System (COMS) application. The new OMS should be a flexible, scalable platform that can support future operational growth and business transformation.

Under this scope of work, the State is seeking a vendor who has the resources, know-how, and capabilities to support the design, development, and implementation of an OMS solution in a modern, cloud enabled, CJIS compliant secure environment.

The State understands the typical implementation of an OMS system is to use a model where the entire system is cut over at once, but in keeping with the Minnesota mission to modernize our systems using an innovative, product rather than project approach, the State is interested in an alternate, modular, or agile based approach. This approach will help the State think holistically about the services that we provide, and how we align our people, processes, technology, and policies to improve the way services are delivered. For more information on MN’s approach and the product versus project approach see Office of Transformation and Strategy Delivery / Minnesota IT Services (mn.gov). Responders may choose to submit a response to one or both paths outlined.

The vendor shall provide all products and services to modernize OMS, including software licensing, software as a service, platform as a service, and contracted services to act as the single system integrator for the entire scope of this Project.

Contracted services shall include, but not be limited to, project management, business requirements analysis, process reengineering, system design and architecture, quality assurance, implementation, deployment, and ongoing technical support. The result shall be a modernized solution OMS using one or more software products and services that are fully integrated into a single turn-key solution and that meets DOC’s business needs. The Responder should propose a solution strategy that it considers to be optimally effective and in the best interest of the State. The strategy may include various solutions, including, but not limited to, cloud-based and integrated to provide the least total cost of ownership over 10 years.

The State expects the successful Responder to provide operational services in accordance with the American Correctional Association (ACA) standards as they currently exist and/or may be amended.

The following section provides further context around the business and technology needs the OMS must meet. It also aims to gives Responders a picture of the work that lies ahead. This endeavor is more than a new technology solution – it is a transformation/modernization of DOC’s approach to IT that will enable the transformative approach the DOC is taking with corrections.

Background

With the unprecedented increases in demand for information for use in all aspects of corrections, there is a pressing opportunity to broaden the scope and purpose of agency and statewide criminal justice information. This responds to

1 The most common industry acronym for a system that manages corrections operations and inmates is Offender Management System (OMS), thus for convenience this RFP uses the term OMS throughout the document. However, DOC elects to use language such as Client / Incarcerated person (IP), instead of terms such as offender, and thus the terms underlying the OMS acronym in this document refers to the DOC Operations Management System.

https://mn.gov/mnit/about-mnit/transformation/

Rev. July 2023 Page 5 of 17 program and services needs of the at-risk justice involved individuals at the heart of State rehabilitation goals. Beyond the critical need to link charge information with criminal history records, there is an opportunity to link community corrections agents with education providers, housing and social services, and work programs. The result is to ensure incarcerated individuals under State jurisdiction and upon reentering society, are given the best chance to succeed, reconnect with communities, and contribute positively to the neighborhoods they rejoin.

Key drivers for change:

• The State has a significant backlog of primarily custom developed legacy technology that are challenging to maintain and enhance with a small inhouse technical team who provides support, resulting in organizational risks.

• The custom applications footprint has grown beyond the scope of current staffing and funding levels with current capacity barely sufficient to keep the production systems in service and respond to critical support requests, resulting in a significant growing IT backlog despite efforts by staff.

• The skills and experience required to support the legacy technology are limited and difficult to replace.

• Dependence on antiquated technology leaves the State vulnerable to system outages and in turn reduced operational efficiency and puts safety of State personnel and inmates at risk.

• Existing systems cannot meet increasing expectations and demand for data from partner agencies as well as for

DOC’s own operational needs.

• The current system’s lack of flexibility hinders improvement of business processes, making efficiency gains, improving the services provided, and taking advantage of external partnerships.

• Operational efficiency and the quality of services provided to the public are significantly impacted by the current system’s administrative overhead, limited data integration, and duplicative manual data entry processes.

Technology Environment

Corrections Operations Management System (COMS) is maintained in-house by State employees. COMS is a collection of more than 90 interrelated custom developed applications covering all aspects of corrections operations (see Appendix F:

OMS Applications). The State has determined COMS is not sustainable as the options for enhancement are limited and the pool of skilled resources needed to continue supporting COMS is shrinking. As a result, the OMS project is expected to replace a significant number of the stand-alone/line-of-business custom developed applications.

Appendix F includes a list of applications which are candidates for replacement in a new OMS. It is anticipated the OMS vendor will operate as a custodian and manage a master record of all business applications to be replaced while ensuring agreed upon functional requirements (see Appendix B: Functional Requirements) are integrated with the OMS application.

The successful Responder will also be expected to provide open standard industry aligned application program interfaces (API(s)) to support sharing of information and interfacing with third-party products (see Appendix D: Interface Requirements) and the enterprise reporting and analytics platform. If custom interfaces cannot use the OMS API(s), a custom solution within the Digital Integration Hub (DIH) will be the preferred solution.

IT Transformation Program

The OMS project is one of several within the IT Transformation Program (Program) and will require the OMS successful Responder to collaborate effectively with the State, its agencies and partners, and other vendors/consultants. Parallel end-state solutions and department strategies include:

• Minnesota Rehabilitation and Reinvestment Act/Strategy: The Minnesota Rehabilitation and Reinvestment Act (MRRA) will shift focus from how much time people spend in prison, to how people spend their time.

https://mn.gov/doc/about/legislative-info/mrra/ https://mn.gov/doc/about/legislative-info/mrra/

Rev. July 2023 Page 6 of 17

The MRRA creates incentives for people in the custody of the Department of Corrections to participate in and make progress toward individualized goals they are deeply involved in setting when they start their time in prison. Though the MRRA passed and became law during the 2023 legislative session, it will take quite some time before it is fully up and running. The DOC will be working over the next months and years to carefully design and implement these complex policy changes to ensure program success. It is expected the OMS project and related technology transformation initiatives will support the overall MRRA operational policy and program needs through enhanced data tracking and decision-making tools, applied business rules and other innovative technology enhancements.

• The Data Integration Hub (DIH): Project running in parallel with OMS, providing opportunities for the creation and maturity of specific analytics and decision support dashboards, self-service data and information products, intelligent automation services to streamline redundant processes, a scalable information sharing platform, industry standard exchange packet definition, and standardized information interfaces (API’s). The State is contracting separately for a vendor partner to provide implementation services to develop the DIH and related services.

• One or many specialist Corrections COTS products integrated through open API: The State will also augment capabilities not addressed by the new core OMS. In this case, the State will go out to the market to source capabilities outside this RFP after initial assessment of core OMS capabilities. Examples could include specialist education and training solution providers, health assessment capabilities, victim services, etc.

which will augment overall core capabilities in line with the strategic direction for the State.

• Cloud Management Capabilities: The cloud readiness initiative will augment existing skills and resources at MNIT to support DOC’s transition to cloud technologies. The initiative will define standards, practices, and policies for support and maintenance across all DOC related cloud technologies and service providers (OMS, data, integration etc.). The workstream will lead migration and validation of environments, tools, and infrastructure in the new DOC Cloud operating environment.

Desired Program Outcomes

• Following the initial phase of this effort, improved criminal justice data will cause a value change by expanded information sharing for the DOC, individuals, participants, stakeholders, and communities.

• Through increased access to more accurate and consistent information, the change in related processes will redefine how programs and support systems contribute to the rehabilitation of involved individuals.

• The technology and information success will be measured by the change in the number of state and federal criminal justice organizations providing source data as well as using the curated information.

• The change in accuracy, consistency, and availability of criminal justice information will happen through a transformed data foundation and expanded participation at the DOC and state levels.

• A change in outcomes for at-risk individuals and related support organizations and services.

Sample Tasks and Deliverables.

The following sections represent the high-level tasks and deliverables for this request which are broken into four phases:

Inception, Elaboration, Construction, and Transition. For a more detailed description of the phases and expected deliverables see Appendix E: Project Gates and Deliverable Acceptance, Part 2 – Requirements and Descriptions. The high-level descriptions are as follows:

Inception and Elaboration

The State will engage in in-depth discussions with the successful Responder to conduct a fit-gap analysis against a list of functional, non-functional, integration, and solution implementation requirements. The successful Responder will:

• Conduct discovery assessments to understand and evaluate the State’s existing architecture.

Rev. July 2023 Page 7 of 17

• Consider the core applications that DOC uses today to replace with a modern configurable COTS OMS product.

• Consider the need for integration with existing agency services and applications as well as any specific tools or services required for data conversion, training, and other implementation specific activities.

• Provide an overview of the proposed OMS product including descriptions of the key modules and capabilities and relevant features that can enhance the overall usability and functionality of the product.

• Recommend a detailed project plan, with tasks and activities, to implement an OMS.

Construction

During Construction, the successful Responder will:

• Replace target set of existing applications with a modern configurable COTS OMS product.

• Refine the detailed project plan [with tasks and activities] to implement an OMS solution.

• Implement environments necessary to support the overall project approach.

• Provide open standard industry aligned API(s) to support sharing of information with third-party products and the enterprise reporting and analytics platform.

• Integrate with existing agency services and applications.

• Implement application using the latest version of the OMS Contractor Hosted environment (Cloud).

• Provide configuration, test, and data conversion services to support DOC with successful implementation and transition to the OMS product.

Transition

During Transition, the successful Responder will:

• Provide train-the-trainer training and knowledge management to support transition to the new OMS product.

• Provide ongoing Maintenance service and support for the Cloud hosted OMS product.

• Provide regular security and maintenance enhancement in line with a published product roadmap strategy.

• Continue to maintain appropriate environments necessary to support the overall product management approach (including Production, Fail-over, Test, Training, and a DOC Data Development environment).

• Work with the State to ensure a plan is in place to access data in a non-proprietary format.

• Provide access to all DOC data through industry standard API’s and data accessibility tools.

• Provide help desk and support services as per agreed upon SLA’s

Reminder: If a responder chooses a module approach, the State recognizes responders will need to modify how Construction and Transition phases occur.

Rev. July 2023 Page 8 of 17

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

Anticipated Contract Term.

The term of this contract is anticipated to be from August 2024 to July 2029. For a single implementation, it is anticipated the initial implementation, go live, and year-one support would be the contract. The State expects to seek a second contract for ongoing support and maintenance through a single source. For a product approach implementation, the contract would include multiple implementations with incremental go live events, with support and maintenance added for modules as they go live. The State expects to seek a second contract for ongoing support and maintenance through a single source.

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, goods, or value-add service offerings 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.

State Partner.

MNIT is engaging with an external partner, Gartner, in its work with the MN Department of Corrections on modernization of their offender management processes. Gartner is not eligible to respond to this RFP.

Rev. July 2023 Page 9 of 17

SECTION 4 – PROPOSAL CONTENT

Submit the following information:

Background, Resources, and Experience.

Responder should provide detailed information on their services and capabilities, background, management, company history, and their development, delivery, and on-going support of technology systems, services, solutions, and maintenance supporting the OMS for a statewide correctional department(s). The following should be included in a document labeled RFP Section 4.1:

• Organization Information o Company Name o Address o Telephone Number o Company Headquarter Location o Contact Name & Role o Contact Telephone Number o Contact E-mail Address

• Company History o Information on the company's services and capabilities, background, and history (including acquisitions, bankruptcies, and reorganizations).

o An outline of the company’s organization structure, including key principles and executive management and oversight.

• Qualifications and Experience o A list of key personnel who will conduct the project, detailing their training, and relevant work experience. Resumes or other information about key project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses.

o Describe similar projects that have been successfully completed and the critical success factors for such projects. Indicate major roadmaps releases for long-term installations. Active and ongoing projects should be included.

• Prior Work o A comprehensive list of all installations and engagements of the proposed solution provided within the past ten years, including information regarding the size and scope of the installations/engagements.

• Diversity and Inclusion o Describe how Responder’s policies and practices promote diversity, equity, and inclusion in areas such as:

hiring practices, supply chain management, subcontracting, etc.

o Detail the Responder’s demographic breakdown and any other information pertinent to efforts in this area.

Rev. July 2023 Page 10 of 17

Project and Implementation Approach.

For a Single Implementation: Responder should review Appendix A-1: Project and Implementation Approach Single Implementation and respond to each section following the response instructions in the appendix. All sections should be completed and included as part of the proposal.

For a Module Implementation: Responder should review Appendix A-2: Project and Implementation Approach Module Implementation and respond to each section following the response instructions in the appendix. All sections should be completed and included as part of the proposal.

Functional Requirements.

Responder should complete Appendix B. A detailed list of the functional requirements, with space for responses is provided in Appendix B: Functional Requirement to describe how your solution would address that requirement. All sections should be completed and included as part of the proposal.

Non-functional Requirements.

Responder should complete Appendix C. A detailed list of the non-functional requirements, with space for responses is provided in Appendix C Non-Functional Requirements to describe how your solution would address that requirement. All parts should be completed and included as part of the proposal.

Accessibility of Services or Products.

The Responder should complete, in an accessible format,

• Appendix J – Accessibility Narrative

• 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. Responders 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.

For a Single Implementation: Complete and submit Attachment C-1, “Cost Detail Single Implementation,” attached to this solicitation.

For a Module Implementation: Complete and submit Attachment C-2, “Cost Detail Module Implementation,” 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 https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.itic.org%2Fpolicy%2Faccessibility%2Fvpat&data=02%7C01%7Celizabeth.randa%40state.mn.us%7Ce0e5c0e26b4b4c7ae34f08d7727e5f20%7Ceb14b04624c445198f26b89c2159828c%7C0%7C0%7C637103759390119689&sdata=sbqUy4ECq7IOBn98KgDxXnxXitIejHNQrGay8uHYE1Y%3D&reserved=0 https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp

Rev. July 2023 Page 11 of 17 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.

The State may require Responder to 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 a request under 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.

Rev. July 2023 Page 12 of 17

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-1: Cost Detail Single Implementation

4. Attachment C-2: Cost Detail Module Implementation

5. Attachment D: Responder Forms

a. Veteran-Owned Preference Form

b. Workforce and Equal Pay Declaration Page

DO NOT INCLUDE Non-Public/Trade Secret data (as defined by Minn. Stat. § 13.37).

Rev. July 2023 Page 13 of 17

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.

TIER 1

1.1 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.

1.2 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. Background, Resources and Experience 100 points

2. Appendix A-1 or A-2: Project and Implementation Approach 400 points

3. Appendix B: Functional Requirements 250 points

4. Appendix C: Non-Functional Requirements 50 points

5. Accessibility of Services or Products 100 points

6. Cost Detail 100 points

1000 points

7. 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.

1.3 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

2.1 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. Interviews 250 points

2. Demonstration 350 points

3. Cost Detail 400 points

1000 points

4. Preference Points (if applicable) 120 points (in addition to 1,000 available)

Rev. July 2023 Page 14 of 17

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.

2.2 Phase 2 - Select Finalist(s). Each Responder will be ranked based on each Responder’s Tier 2 Phase 1 total score. The State will shortlist the highest scoring Responders by determining the natural break in Responders’ scores. Only the highest scoring Responder(s) in Tier 2 may be invited to the Invitation to Negotiate selection process.

Invitation to Negotiate (Optional) The State may invite the highest-scoring Responders (“Finalists”) to negotiate based on best value as determined by this evaluation process. The State may 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 State reserves the right to award to multiple Finalists if in the best interest of the State.

It is anticipated that the evaluation, negotiation, selection, and contract execution will be completed by August 2024.

Rev. July 2023 Page 15 of 17

SECTION 6 – SOLICITATION TERMS

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.

Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information will 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 who 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.

Rev. July 2023 Page 16 of 17

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

9.1 Responders must not submit as part of their response trade secret material, as defined by Minn. Stat.

§ 13.37.

9.2 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.

9.3 The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.

9.4 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 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.

Rev. July 2023 Page 17 of 17

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.

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