dscsa_rfp_final.pdf

State of Minnesota

MMCAP INFUSE

OFFICE OF STATE PROCUREMENT

Request for Proposals (RFP) For

DSCSA Compliance Storage Solution

SPECIAL NOTICE: This is a request for proposal. It does not obligate the State of Minnesota or MMCAP Infuse to award a contract or complete the proposed program, and the State of Minnesota reserves the right to cancel this solicitation if it is considered in its best interest.

Minnesota’s Commitment to Diversity and Inclusion The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296-2600 or go to www.mn.gov/admin/oep.

http://www.mn.gov/admin/oep

Request for Proposals for DSCSA Compliance Storage Solution

Proposal Due Date: April 3, 2024 by 2:00pm Central Time

RFP Release date Cutoff Date for Questions Final RFP Answers Posted Proposal Due Date Central Time Contract Effective Date

February 26, 2024 March 13, 2024, 2 pm Central Time March 15, 2024 April 3, 2024, 2 pm Central Time Negotiable

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

Follow the steps below to complete your response to this RFP:

Step 1: Read the solicitation document and ask questions, if any Step 2: Write your response Step 3: Sign and submit your response

Incomplete Submittals

A proposal must be submitted along with any required additional documents. Incomplete proposals that materially deviate from the required format and content may be rejected.

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

How to Ask Questions

Questions must be emailed to MMCAP_Infuse.RFP@state.mn.us by March 13, 2024 at 2pm Central Time.

Questions will be responded to, via an addendum to this RFP, in batches as they arrive and will not be attributed to the asking entity. Similar questions may be combined with a single answer.

Other personnel are not authorized to answer questions regarding this RFP.

STEP 2 – WRITE YOUR RESPONSE

Request for Proposals

(RFP)

In Section 3, insert your response to the questions as asked or provide content as requested.

By signing this response, your firm is making a legal, binding offer for a contract to provide services to the State of Minnesota.

STEP 3 – SIGN & SUBMIT YOUR RESPONSE

Documents making up a complete proposal

Section 3:

o Vendor Response o Pass/Fail Criteria o Technical Proposal

Section 4:

o Cost Proposal (submitted in the Cost Proposal Worksheet and separate from RFP Response) (Submit in Microsoft Excel or PDF) Section 5:

o Responder Certifications Acknowledgment o Exhibit A: State’s General Requirements (read and acknowledgement in Section 2.7 of the RFP document) o Exhibit B: Agreement Template (submitted in Microsoft Word unlocked, track changes and unrestricted for editing and separate from RFP Response) (Submit in Microsoft Excel or PDF) o Exhibit C: Certification Regarding Lobbying (submit in PDF) o Exhibit D: Workforce and Equal Pay Declaration Page (submit in PDF) o If applicable, Exhibit E: Veteran Owned Preference (submit in PDF) o Exhibit F: Customer Reference Form o Exhibit G: Customer Termination Form o Exhibit H: Reporting Requirements

Where to Send Responses

Email your responses to MMCAP_Infuse.RFP@state.mn.us with “[Company Name] DSCSA RFP Response” in the Subject line. If your email is larger than the maximum allowed size, send your response in multiple emails. Use “[Company Name] DSCSA RFP Response Part [#] of [#]” in the Subject line.

Mailed responses will not be accepted at this time.

Faxed responses will not be accepted

Response Submission Deadline

Must be received no later than April 3, 2024, at 2pm Central Time as indicated by a notation made by the email timestamp. Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the responder.

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project

MMCAP Infuse (MMCAP Infuse) is a governmental cooperative serving thousands of state and local government facilities across the United States. MMCAP Infuse is operated by the State of Minnesota (State) Department of Administration’s Office of State Procurement (OSP) and is governed by Minnesota laws and procurement policies.

MMCAP Infuse Members (Members or Membership) are state agencies and political subdivisions throughout the United States. Membership is available to government-operated facilities, and the extent to which a member participates in the program is voluntary. Members include but are not limited to the following classes of trade:

correctional facilities, psychiatric treatment facilities, public hospitals, school/college/university student health systems, public health, long term care facilities, skilled nursing facilities, and clinics For more information on MMCAP Infuse and its membership, visit www.infuse-mn.gov.

MMCAP Infuse is currently seeking qualified Responders that offer services for compliant DSCSA storage solutions. Proposals for this RFP will be provided to the entire MMCAP Infuse membership. Responders should be able to demonstrate knowledge and expertise related to the complexities of DSCSA requirements.

Responses will be used to establish contract(s) that comply with all regulatory aspects related to DSCSA storage.

2. Desired Capabilities

• Provide the necessary tools and solutions to meet the requirements for DSCSA compliance storage.

• Offer a competitive pricing structure.

• Proven ability and capability of working with MMCAP Infuse authorized wholesalers (Authorized

Wholesalers) (currently AmerisourceBergen, Cardinal Health, and Morris & Dickson).

• Ability to accommodate flexible payment terms due to the complexity of government operations.

• Show a strong understanding of the supply chain industry with a detailed understanding of government facilities’ procurement procedures to assist in the success of resulting contracts.

• Provide training and education on how to use DSCSA storage solutions to MMCAP Infuse Members.

• Demonstrate a willingness to offer customizable DSCSA solutions to meet Member needs.

• Provide exceptional customer service and support.

3. Agreement Duration

• It is anticipated that MMCAP Infuse will enter into agreements for an initial two (2) year term with an option to extend in increments determined by MMCAP Infuse, in compliance with Minnesota law.

4. Minimum Qualifications Required (Pass/Fail)

• Proposals were received on or before the due date and time specified in this RFP.

• Responder must have been in business for a minimum of three (3) years.

• Responder will comply and complete the Minnesota IT Services SLM (Security Lifecycle Management)

Workbook Template if awarded a contract.

SLM Workbook Template is attached separately, please download document on the OSP website:

https://osp.admin.mn.gov/GS-auto labeled as Addendum 1 http://www.infuse-mn.gov/ https://osp.admin.mn.gov/GS-auto

5. Response Evaluation

Responses will first be reviewed to confirm compliance with the minimum qualifications identified above.

Responses that meet all the minimum qualifications will be further evaluated in accordance with the following:

Factors Percentage Technical Proposal Experience & Background 5% Customer Service & Payment 10% Regulatory 10% Data Storage & Security 15% Services Offered 20% Administrative Fee 5% Reporting & Data Requirement 5% Cost Proposal 30%

Preference Points (if applicable) Preference points are described under the State’s General Requirements and will be applied to the total score after points have been awarded.

• 12% Minnesota Certified Targeted Group/Economically Disadvantaged Preference

• 12% Veteran-owned Preference

• Minnesota Resident Vendor Preference

Responses will be evaluated by a team of MMCAP Infuse staff, MMCAP Infuse advisory board members, and/or staff from Members. Each evaluator will read all proposals that have passed all the minimum qualifications.

MMCAP Infuse reserves the right to require a demonstration of capabilities and/or ordering systems via in-person meetings, webinar, or other such mechanism.

Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. MMCAP Infuse reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State and MMCAP Infuse, providing each Responder is in compliance with all terms and conditions of the solicitation. MMCAP Infuse 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 and MMCAP Infuse. If a Responder with an active contract with MMCAP Infuse is an awarded bid as a result of this RFP, MMCAP Infuse reserves the right to amend the active contract to include the scope of this RFP rather than issue a brand-new document.

6. MMCAP Infuse Rights Reserved

• Reject any and all responses received;

• Waive or modify any informalities, irregularities, or inconsistencies in the responses received;

• Negotiate with the highest scoring Responder[s];

• Terminate negotiations and select the next response providing the best value for the State;

• Consider documented past performance resulting from a State contract may be considered in the evaluation process;

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

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

• The State reserves the right to use estimated usage or scenarios for the purpose of conducting pricing evaluations. The State reserves the right to modify scenarios, and to request or add additional scenarios for the evaluation.

7. Alterations or Additions to the State’s General Terms

If you wish to take an exception to the State’s General Terms (see Exhibit A), please indicate that below and attach any appropriate documentation.

☐None

☐See attached document detailing proposed alterations and/or additions to the State’s General Terms.

By signing, 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.

Signature: ____________________________________________________

Printed Name: _________________________________________________

Title: ________________________________

Date:________________________________

SECTION 3 – VENDOR RESPONSE

INSTRUCTIONS: Fill in the information requested below.

1. Responder’s Contact Information

Company’s Full Legal Name:

Business Address:

Company Website:

Federal Employer Identification Number:

Primary Contact Person’s Name:

Title:

Telephone Number:

E-Mail Address:

Alternate Contact Person:

Title:

Telephone Number:

E-Mail Address:

Admin Fee Contact Person:

Telephone Number:

E-Mail Address:

Membership Contact Person:

Telephone Number:

E-Mail Address:

2. Pass/Fail Criteria

Does Responder comply with each term?

Yes No Term Proposals were received on or before the due date and time specified in this RFP Responder must have been in business for a minimum of three (3) years Responder will comply and complete the Minnesota IT Services SLM (Security

Lifecycle Management) Workbook Template if awarded a contract.

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

3. Technical Proposal

Provide a detailed description of Responder’s proposed services. Any pricing information submitted in this section may be grounds for disqualification; if pricing is submitted in this section, it will not have a bearing on points received for a Cost Proposal. Any links provided in the technical proposal will NOT be considered. All documents referenced in your response must be submitted with the proposal to be considered.

Experience & Background

1. Provide a brief history of Responders organization overall and the history specific to Responder’s ability to provide DSCSA services. Indicate the length of time Responder has been in business, any previous business names Responder has operated under, and the location of corporate office(s).

2. How does Responder stay up to date on relevant regulatory changes regarding DSCSA? Please identify the level of involvement Responder currently has or has had during the DSCSA implementation period with relevant professional organizations or trade groups.

3. What experience does Responder have working with government entities?

a. Provide a minimum of three (3) references of Responder’s customers, preferably of a similar size, scope, and class of trade to an MMCAP Infuse Member using the Customer Reference Form (Exhibit F).

4. Have you ever lost any customers to your competition? If so, why do customers leave?

a. Use the “Customer Termination Form” (Exhibit G) to provide details for a minimum of two (2) customers, preferably of a similar size, scope, and class of trade to an MMCAP Infuse Member.

5. Do you currently contract with any other GPOs/buying groups for your DSCSA services? If so, how does your contract provide value to the GPO/buying group as an overall organization? Is the service uniquely structured to service individual members or do you provide the service to the GPO/buying group to receive product information on behalf of all its members? Describe any different contracting models you would propose or have implemented in other agreements.

Customer Service & Payment

6. Provide the location and hours of operation for Responder’s customer service center. Does

Responder provide services in all 50 states? What is your standard response time during business hours?

7. Describe Responder’s after-hours/ emergency customer service procedure and capabilities. What is your standard response time and guaranteed response time after-hours?

8. Describe the experience and credentials of Responder’s dedicated staff to manage the MMCAP Infuse agreement and to work directly with Members. How will this staff work collaboratively with technical support departments within Member facilities and at the Member’s enterprise level?

9. How will Responder identify MMCAP Infuse Members at onboarding and ensure they are attached to a resulting contract?

10. How would Responder address MMCAP Infuse Members that are already customers of the Responder? How and when would these accounts be transitioned to a resulting contract with MMCAP Infuse?

11. Describe the timeline of key milestones in the onboarding process for Members. Include details of what is expected of the Member throughout the onboarding process. Provide any forms which are required for onboarding.

12. What resources or assistance does Responder expect or anticipate MMCAP Infuse to provide to Responder for a successful implementation of a resulting contract?

13. Explain Responder’s dispute resolution process and escalation procedure for issues that can’t be resolved in a timely manner. What is the typical turnaround time for dispute resolution?

14. List all forms of payment that are accepted for Responder’s products and services. What are the expected payment terms? Are any additional prompt pay, autopay, multi-subscription, or other discounts available?

15. Provide a sample of Responder’s invoice. Are invoices customizable? What additional fields are able to be customized? How quickly are invoices provided to the customer?

Regulatory

16. Explain how Responder’s data storage solution provides full compliance with DSCSA requirements.

17. Describe how Responder will be able to assist a Member in storing their 3T paper data from before the electronic, interoperable requirement took effect. If a Member utilizes Responder’s system for data storage, who owns the data?

18. Describe how Responder complies with federal regulations pertaining to DSCSA requirements.

19. Describe how Responder is able to address any differing regulations by state. What if a Member has a ship-to in a different state other than the state they reside?

20. Describe any training that is offered to or required of Responder’s employees as it relates to

DSCSA. Is training required on a set cadence (i.e., semi-annually, annually, etc.)?

21. Describe how regulatory changes will be communicated to MMCAP Infuse and its Members to ensure all parties are kept informed of changes that may affect them.

22. Describe how Responder’s solution will alert a Member if a product’s serialized data does not match during the scanning process. If there is an error/exception found, describe the process as to how a Member would resolve the error/exception.

23. What tools are available to the Member to provide purchase data according to a regulatory request within the legal timeframe required?

24. How will Responder’s proposal assist Members in completing FDA Form 3911 if a product is deemed to be illegitimate?

25. Describe how Responder will ensure that a Member’s purchase data will not be shared with any non-regulatory agency without the consent of the Member and/or MMCAP Infuse.

26. What process is in place to notify the Member or MMCAP Infuse should a regulatory agency request purchase data from Responder?

27. Disclose any investigations, lawsuits, assessed fines, or judgements Responder has been involved in within the last 5 years.

28. Will Responder share purchase data with MMCAP Infuse on behalf of Members? If so, under what circumstances?

Data Storage & Security

29. What resources does Responder have to address and manage stringent government Members’ security requirements at both onboarding and on an ongoing basis?

30. What systems and security measures does Responder have in place to ensure data is not lost, stolen, or accessed by unauthorized individuals? Explain how data will be backed up.

31. Has Responder ever experienced a cybersecurity incident or data breach? If so, describe what happened, what steps were taken to mitigate the impact to the customers, and what changes have been implemented to prevent future incidents.

32. Describe Responder’s vulnerability testing. How often is testing done? Describe the process if a vulnerability is discovered during testing.

33. What type of insurance does Responder carry for cybersecurity/ransomware? What are the coverage limits?

34. Describe Responder’s process for ensuring all physical access to information systems is controlled and restricted to only those with a need to physically access these systems.

35. Is the data server physically stored in the United States or outside the country? On what type of server is it stored?

36. Is any data storage outsourced? If yes, please list facility location or vendors used for this service.

37. Describe Responder’s process for maintaining and running anti-malware software on all systems.

38. Describe Responder’s ability to manage and verify Authorized Trading Partner status of any distributor or manufacturer a Member might use.

39. Describe Responder’s process to ensure data is only being exchanged with Authorized Trading

Partners. Provide a list of Authorized Trading Partners that Responder currently exchanges data with.

40. Explain the process of how a member will access their data. Is data storage and retrieval password protected?

41. Describe Responder’s process of data handling after the six-year requirement of DSCSA is met.

Do Members have the ability to store this data longer than six years?

42. Explain Responder’s disaster recovery plan.

43. Describe how a Member would be able to upload or transfer their data to another vendor if they terminate their contract with Responder.

44. Describe Responder’s process of handling transactions that are discrepant (e.g. insufficient data) but aren’t suspect or illegitimate.

45. What percent of Responder’s data transactions have data errors or exceptions? How does

Responder feel this compares to others in the industry?

Services Offered

46. Describe any training offered to new Members. Is training offered on an ongoing basis? Is training done onsite or online? Will Responder travel to each Member state if requested by the Member for in-person systems training?

47. Describe Responder’s ability to perform enhancements to its storage solution products on an ongoing basis to keep up with the ever-evolving world of Information Technology. What are some of the more recent enhancements that would benefit Members?

48. How will Responder provide data to the Member in an easy to utilize format? What is expected of the Member throughout the contract period?

49. Describe any reporting capabilities that Responder offers. Please provide a sample of all reports currently available. Are Members able to request specialized reporting?

50. Explain how Responder’s data storage solution differs from their competitors. What sets Responder apart from its competition?

51. Describe Responder’s current ability to interface their solution with existing electronic health records. Which electronic health record systems does Responder currently interface with? Describe how Responder’s system is able to interface with existing pharmacy inventory management systems. Which pharmacy inventory management systems does Responder currently interface with?

52. Describe how Responder’s system would assist Members to validate orders upon receipt from a distributor.

53. Describe how inventory is updated in a Members system? Is it updated in real-time or what is the delay?

54. How will Responder’s system help Members to manage expiration dates in their inventory?

Describe how Responder’s system will help a Member manage a recall.

55. How would Responder’s system benefit a Member who is licensed as a distributor or repackager?

56. How would Responder’s system allow Members to identify suspicious ordering patterns or assist with staff diversion?

57. How is Responder’s system able to assist Members in sharing/selling product with a nearby hospital in a shortage situation or performing inter-store product transfers?

58. Describe Responder’s ability to formulate standard operating procedures pertaining to DSCSA requirements on a Member’s behalf.

59. Does Responder have an app for mobile devices to utilize Responder’s solution? If so, please describe the capabilities and limitations of the app compared to Responder’s web-based solution.

60. List all other DSCSA solutions providers that Responder currently works with and what capacity?

List any DSCSA solutions providers that Responder can NOT work with.

61. What is the process and timeline for Responder to set up an EPCIS data feed with new Authorized Trading Partners and is there a cost to the Responder for this? Does Responder pass that cost on to the Member?

62. How would Members notify Responder of additions or removals to their list of Authorized Trading Partners? How quickly would a change be applied to their account?

63. Is Responder currently enrolled in the National Association of Boards of Pharmacy (NABP) Pulse interoperable partner program? If so, describe the value this enrollment will provide to the Members? If Responder is not enrolled in this program, why not?

64. How would Responder’s solution assist Members that distribute product within the same organization? Would each facility require its own account? Does an account correspond to one Global Location Number (GLN)?

65. Describe Responder’s ability to have a super-user with the ability to access rolled up data and reporting for members that have multiple facilities.

66. Describe the process of how Responder utilizes Electronic Product Code Information Services (EPCIS) on inbound and outbound data. How is this process used for tracking and tracing purposes?

67. How quickly is serialized data uploaded for a Member to view?

68. Describe the process of how Responder utilizes Verification Router Service (VRS)?

69. Describe Responder’s ability to integrate its service with the FDA CDER NexTGen Portal to better equip a Member to respond to a request from the FDA.

70. Are there any additional related services Responder offers that would provide additional value to the Members? Please describe in detail. All pricing should be outlined in the Cost Proposal.

Administrative Fee

71. Is Responder agreeable to a three percent (3%) administrative fee on all services provided? If not, please explain.

Reporting and Data Requirement

72. Responder must adhere to MMCAP Infuse reporting requirements as outlined in Exhibit H. Please describe Responders ability to meet these requirements and any changes that would be required of internal processes to meet this requirement.

SECTION 4 – COST PROPOSAL

Follow the instructions below when completing your cost proposal. Your cost proposal must be submitted in a separate file in the email. No cost information should be provided in Section 3.

Responder must submit a cost proposal that details the proposed cost structure to Members. Any additional costs proposed MUST be included on the cost proposal. Costs that are not included on the cost proposal will NOT be considered during contract negotiations if Responder is awarded a contract. Proposals will be evaluated on “best value”, meaning the cost proposal will not be opened by the review committee until after the qualifications are scored.

Cost Proposal attached separately, please download document on the OSP website:

https://osp.admin.mn.gov/GS-auto labeled as Addendum 2

SECTION 5 – RESPONDER CERTIFICATIONS

Responder must check each box to certify to the conditions required under this RFP. Please note that some certifications may require the submission of additional information. Sign below to finalize response.

1. Required ☐ I have read and am aware of the State’s General Requirements as attached as Exhibit A.

☐ I have COMPLETED and ATTACHED:

☐ Exhibit C - Certification Regarding Lobbying.

☐ Exhibit D - Workforce and Equal Pay Declaration Page

☐ That I am the Responder (if the Responder is an individual), a partner in the company (if the Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation).

☐ That the proposal submitted in response to the RFP has been arrived at by the Responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with, any other Responder of materials, supplies, equipment, or services described in the RFP, designed to limit fair and open competition.

☐ That the contents of the proposal 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 such persons prior to the official opening of the proposals.

☐That I am fully informed regarding the accuracy of the statements made in the proposal.

2. If Applicable ☐ I am a certified veteran-owned business, in accordance with Minn. Stat. § 16C.16, subd. 6a and

§ 16C.19 (d). Please Complete Exhibit E

By signing here, I warrant that the information provided in this proposal 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 contract award and may subject me/my company to suspension or debarment proceedings, as well as other remedies available to the State, by law.

Signature Title Date

EXHIBIT A

General Requirements

Conflicts of Interest

Responder must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. This includes any conflict of interests the Responder may have with a Member. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

Organizational Conflicts of Interest

To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, A. vendor is unable or potentially unable to render impartial assistance or advice to the State;

B. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or C. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to 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 organization 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.

Proposal 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.

Responses are Nonpublic during Evaluation Process

All materials submitted in response to this Solicitation will become property of the State. During the evaluation process, all information concerning the responses submitted will remain private or nonpublic and will not be disclosed to anyone whose official duties do not require such knowledge. Responses are private or nonpublic data until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the State having completed negotiating a contract with the selected responder. The State will notify all responders in writing of the evaluation results.

The State will not consider the prices submitted by the Responder to be proprietary or trade secret materials.

Notwithstanding the above, if the State contracting party is part of the judicial branch, the release of data shall be in accordance with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time.

Contingency Fees Prohibited Pursuant to Minnesota Statutes Section 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Administrative Fee. In consideration for the administrative support and other services provided by MMCAP

Infuse, the Responder agrees to pay an Administrative Fee of three percent (3%) on all purchases of products and services.

Reimbursements

Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor as a result of the contract will be in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the commissioner of Minnesota Management and Budget will not be made for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference.

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 12% percent of the total points available as preference.

For TG/ED/VO certification and eligibility information visit the Office of Equity in Procurement website at https://mn.gov/admin/business/vendor-info/oep/ or call the Division’s Helpline at 651.296.2600.

Work Force Certification For all contracts estimated to be in excess of $100,000, responders are required to complete the attached Affirmative Action Data page and return it with the response. As required by Minnesota Rule 5000.3600, “It is hereby agreed between the parties that Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 -

5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 - 5000.3600 are available upon request from the contracting agency.”

Non-Collusion Certification.

A. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

B. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the MMCAP Infuse for investigation and appropriate action.

Certification Regarding Lobbying

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

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

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

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

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

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

EXHIBIT B

Agreement Template & Example Statement of Work Attached Separately

Please download document on the OSP website: https://osp.admin.mn.gov/GS-auto labeled as Addendum 3

EXHIBIT C

CERTIFICATION REGARDING LOBBYING

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

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

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

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

Organization Name

Name and Title of Official Signing for Organization

By:_______________________________________

Signature of Official

Date

Workforce and Equal Pay Declarations Page Rev. 11/7/2022

Workforce and Equal Pay Declaration Page

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

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce

Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________

☐ Equal Pay Certificate under the name: __________________________________________________________

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

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

☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

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

Administration/MMCAP Infuse

(If applicable)

Not applicable - MMCAP Infuse WESA exemption memo dated Dec, 17, 2018

Not applicable - MMCAP Infuse WESA exemption memo dated Dec, 17, 2018

EXHIBIT D

https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ NXiong1 Highlight

EXHIBIT E

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.

EXHIBIT F

Customer Reference Form

Instructions: Complete a minimum of three (3) Customer Reference Forms for Responder’s customers for whom similar services as detailed in this RFP have been provided.

Responder’s Name: ________________________________________________

Customer Name:

(Full name of private, non-profit, or public sector customer)

Customer Contact Information:

Contact Name: ______________________________ Contact Title: ______________________________ Direct Telephone Number: ______________________________ Direct E-mail Address: ______________________________

Onboard Date: ___________________________________________________

Briefly describe the services provided, including your Responder’s contribution to the success of the customer, and how this experience is relevant to this RFP.

EXHIBIT G

Customer Termination Form

Instructions: Complete a minimum of two (2) Customer Termination Forms for Responder’s customers that have terminated their service with Responder within the last 3 years.

Responder’s Name: ________________________________________________

Customer Name:

(Full name of private, non-profit, or public sector customer)

Customer Contact Information:

Contact Name: ______________________________ Contact Title: ______________________________ Direct Telephone Number: ______________________________ Direct E-mail Address: ______________________________

Termination Date: ___________________________________________________

Briefly describe the circumstances surrounding the termination or cancellation of services from this customer and what modifications Responder has made as a result.

EXHIBIT H

Reporting Requirements

Excel Column Required Data Field Full Name for Sales Data Report A MMCAP Infuse-assigned Member ID B MMCAP Infuse Member Name C Vendor Distribution Center Code

D Vendor-assigned Account number for MMCAP Infuse Member (this should be the ship-to account number)

E Invoice Number F Invoice Line Number G Purchase Order Number H Invoice date (MMDDYYYY)

I Buyer name or equivalent of buyer ID for person submitting the invoices (if available)

J Vendor's (distributor) SKU item number

K NDC of purchased product (11 digits leading zeros) (Required for pharmaceutical Products)

L Product Description M Unit Dose (Required for pharmaceutical Products) N Pack Size O Unit P Case Size Q Dose (Required for pharmaceutical Products) R Strength (Required for pharmaceutical Products) S Route (Required for pharmaceutical Products) T Unit Price (99999.9999)

U Quantity Ordered (not Vendor repackaged or re-bundled quantity)(99999.9999)

V Quantity Shipped (not Vendor repackaged or re-bundled quantity)(99999.9999)

W Extension (unit price multiplied by the quantity shipped) EXTENDED

PRICE (99999.9999)

X

Type of transaction (MMCAP Infuse contract purchase, other contract purchase (340B, PHS), not on contract purchase) 1=contract item, 2=other contract, 3=not on contract

Y Bill to Address 1 Z Bill to City AA Bill to State (2 alpha postal code) AB Bill to Zip (standard 5-4 format, no dash necessary) AC Ship to Address 1 AD Ship to City AE Ship to State (2 alpha postal code) AF Ship to Zip (standard 5-4 format, no dash necessary) AG Service Fee (9999.9999) AH MMCAP Infuse Agreement Number (MMS2300XXX) AI Admin Fee AJ Credit Indicator (C for credit)

AK

MMCAP Infuse- Assigned Vendor Code (Code will be assigned to during implementation period of the contract)

AL Manufacturer Name (MFG Name) AM Class of Trade (May be left blank) AN 340B Purchase (l=True, 0=False) AO Category AP Manufacturer Part Number AQ List Price AR UNSPSC Code (XXXXXXXX) AS UNSPSC Description

AT GLN

AU GTIN