Event_16840_RIF_912_RFP_Attachments.pdf

Rev. July 2023

ATTACHMENT A: RESPONDER DECLARATIONS

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

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

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

C. Non-Collusion Certification.

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

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

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

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

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

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

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

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

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

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

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

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

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

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

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

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

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

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

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

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

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

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

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

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

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

Responders must download and use the Exhibit D Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with your solicitation response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use Price Schedule may be cause for rejection.

Responders must provide a price for all line items available on the Price Schedule to be considered for an award.

If a responder needs assistance with entering their proposal, they may contact the Vendor Assistance Help Desk at

(651) 201-8100, option #1, and then option #1 again.

2. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

ATTACHMENT D: RESPONDER FORMS

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.

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 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/

Attachment E: Additional Information

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

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Email Address

Telephone Number

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ Other

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

Comments:

3. Sample Invoice and Quote. Did you submit a sample invoice and quote with your response that complies with the requirements listed in Exhibit D, Supplement 1?

� Yes � No

4. Specifications. Are the services offered under your response able to meet all the specifications as defined in this solicitation? Refer to Exhibit C: Specifications, Duties, and Scope of Work with the solicitation document Sample Contract and Exhibits.

� Yes � No

5. Scope of Work. Our company has read, understands, and comply to all requirements outlined in the Scope of Work in Exhibit C of the Sample Contract and Exhibits.

� Yes � No

6. Vendor Requirements.

6.1. Our Company understands that any employee from our company must have a valid Driver’s License to drive on and/or work on State owned property.

6.2 Our Company is familiar with and will comply with all applicable laws, whether local, county, State, or federal in performing the scope of work and requirements of the solicitation.

6.3 Our Company understands that we are solely responsible for the protection of the property and the health and safety of our employees concerning matters related to the nature of the work.

6.4 Our Company understands that it is our responsibly to provide all equipment needed to perform all work and services detailed under the Exhibit C: Specifications, Duties and Scope of Work of the Sample Contract and Exhibits of this Solicitation. Our Company understands that if awarded a Contract we must have the minimum equipment listed in this Solicitation.

� Yes � No

6.5 If awarded a contract our company will provide a certificate of insurance with the coverage and in the amounts called for in the solicitation prior to the start of any contract.

� Yes � No

6.6 Our Company has a current Minnesota commercial fishing license, and is good standing with the Department of Natural Resources for inland and border waters.

� Yes � No

6.7 The Responder, and all potential employees of the Responder, will submit and pass a criminal background check.

All subsequent hires will also be subject to a criminal background check and be approved prior to starting work.

� Yes � No

7. Price Schedule. Did you complete and submit Exhibit D: Price Schedule to respond to all locations listed in Exhibit C:

Specifications, Duties and Scope of Work of the Sample Contract?

8. Site Conditions. Did you review and understand the locations requirements requested under 1.1.1 through 1.1.3 of Exhibit C: Specifications, Duties and Scope of Work under the Sample Contract?

If after reviewing your company needs further information it is highly recommended your company reference the contact under Section 2 – Summary of Scope of the Request for Proposal Document. Responders are to note in regard to pricing, no extras will be allowed because of the Responder’s misunderstanding as to the amount of work entailed, or lack of knowledge of existing conditions.

9.

I understand that if I answer “No” to any of the above requirements, my response may be rejected.

Attachment F: Prime Contractor Response Qualification Form

Prime Contractor Response Qualification Form must be submitted with your solicitation response. A solicitation response received without this form, or with an outdated version, may be rejected. Prime contractors are responsible for checking all addenda for the final version of this form.

Each responder must answer every question and provide all information requested on this form. Failure to meet this requirement may result in the rejection of the entire solicitation response as non-responsive.

The State reserves the right to clarify the required qualification information submitted on this form before an award is made. The solicitation response will be rejected if qualifications are not met.

Qualification Requirements.

Requirement No.1. Responding company has completed as a Prime Contractor, not as a subcontractor, the work for at least 3 contracts which have achieved Substantial Completion since January 2010 for commercial fishing of invasive carp, (bighead, silver, grass and/or black) or commercial fish species. Each of these contracts MUST have had a contract value of $80,000 or greater. and must have included working on the Upper Mississippi River Pools 2-9, St. Croix River (or water body with similar limnology) and Minnesota River (or water body with similar limnology). Contracts must have included fishing gillnet, beach seine, purse seine and under-ice seining.

Fill in the required information for your previous projects relating to Qualification Requirement #1. Only provide fill-in blanks for the number of referenced projects requested.

*Contracting Entity #1:

Contract Contact Person:

Contact Person’s Telephone #:

Dollar Amount of Contract: Substantial Completion Date:

Contract substantially completed under (check one): ☐ Current Company Name

☐ Previous Company Name

Primary Location(s) of Work:

Primary Gear(s) Fished:

Species targeted (check one): ☐ Commercial fish species ☐ Invasive Carp

*Contracting Entity #2:

Contract substantially completed under (check one): ☐ Current Company Name

*Contracting Entity #3:

Contract substantially completed under (check one): ☐ Current Company Name

*The term “Contracting Entity” means the person, Lake Association or Agency soliciting the commercial fishing.

The State (or its representative) reserves the right to contact the references listed above for Qualification Requirement #1 or to request the Responder to provide additional reference projects for review. The solicitation response will be rejected if the State, in its sole discretion, receives information that indicates the responder is non-responsible. Information considered includes, but is not limited to: 1) project milestones (meeting substantial and final completion dates); 2) communication with project owner and subcontractors; 3) on-site supervision; 4) coordination of subcontractors; 5) violation of Minnesota prevailing wage law; and 6) nonpayment of subcontractors.

Requirement No. 2. Responding company has completed as a Prime Contractor, since January 2010 at least one contract of targeted commercial fishing and/or removal of invasive carp (bighead, silver, grass and/or black). Contractor must provide projects totaling at least 5 years of experience fishing for invasive carp as the primary species targeted, not captured as by-catch.

Fill in the required information for your previous projects relating to Qualification Requirement #2. Only provide fill-in blanks for the number of referenced projects requested.

*Contracting Entity #1:

Contract Contact Person: Contact Person’s Telephone #:

Start Date of Contract: Substantial Completion Date:

Contract substantially completed under (check one): ☐ Current Company Name

Primary Location of Work:

Primary Gear Fished:

Species targeted:

Dollar Amount of Contract:

*Contracting Entity 2:

Contract Contact Person: Contact Person’s Telephone #:

Start Date of Contract: Substantial Completion Date:

Contract substantially completed under (check one): ☐ Current Company Name

*Contracting Entity #3:

Contract Contact Person: Contact Person’s Telephone #:

Start Date of Contract: Substantial Completion Date:

Contract substantially completed under (check one): ☐ Current Company Name

*The term “Contracting Entity” means the person, Lake Association or Agency soliciting the commercial fishing.

The State (or its representative) reserves the right to contact the references listed above for Qualification Requirement #1 or to request the Responder to provide additional reference projects for review. The solicitation response will be rejected if the State, in its sole discretion, receives information that indicates the responder is non-responsible. Information considered includes, but is not limited to: 1) project milestones (meeting substantial and final completion dates); 2) communication with project owner and subcontractors; 3) on-site supervision; 4) coordination of subcontractors; 5) violation of Minnesota prevailing wage law; and 6) nonpayment of subcontractors.

Requirement No.3. Primary contractor must have experience coordinating netting with government agencies. If the primary contractor does not have coordinating experience with government agencies, please list coordinating experience with other commercial fishers.

Agency/Commercial fisher Type of Work (contracted/coordinated effort) Agency contact

Requirement No.4. MN DNR will require 4 crews to be deployed to multiple locations at the same time. Primary contractor must provide crew leads and crews for 4 crews (crews can be 3-6 people). Primary contractor may be considered one of the 4 crew leads. Each Crew lead or subcontractor responsible for this project must have at least 3 years of experience with commercial fishing similar in scope to this project. Crew leads will be required to pass a background check.

Crew Lead or Subcontractor Name (1)_____________________________________________________ List below the required information for individuals who will be responsible for this project:

Years of Experience Type of Work In What Capacity

Crew Lead or Subcontractor Name (2) _____________________________________________________

Crew Lead or Subcontractor Name (3)_____________________________________________________

Crew Lead or Subcontractor Name (4)_____________________________________________________

The following requirements are optional along with any additional requirements the Project Manager and Contract Administrator determine are needed for this project prior to executing the contract.

5. Has your Company been found in default or had a contract terminated for cause in the last 36 months?

It is required that your company has not had this occur.

NOTE: If this question is answered as “yes”, your solicitation response will be rejected.

☐YES ☐NO

6. Has your Company received from OSHA any willful or repeated safety citations for which a final order has been issued within the last 36 months?

It is required that your company has not had this occur.

NOTE: If this question is answered as “yes”, your solicitation response will be rejected.

☐YES ☐NO

Certification

By signing this form, I certify the information provided is complete and accurate.

Authorized Signature: ___________________________________________ Date:_______________________________

Printed Name: _________________________________________________ Title:_______________________________

Company Name: _______________________________________________ Phone #: ___________________________

Attachment G: Required Equipment

Responders are to submit details for required equipment that meet the requirements highlighted in Exhibit C:

Specifications, Duties, and Scope of Work.

Commercial Fishing Boat 1

Length: ____________________________ Depth (Height from bottom to gunwales): ________________________

Motor Horsepower: _____________________ Weight Capacity: __________________

Material (aluminum, fiberglass, etc.): _______________________________

Boat Registration number: ____________________________________ Rent or Own? ______________________

Commercial Fishing Boat 2

Length: ____________________________ Depth (Height from bottom to gunwales): ________________________

Motor Horsepower: _____________________ Weight Capacity: __________________

Material (aluminum, fiberglass, etc.): _______________________________

Boat Registration number: ____________________________________ Rent or Own? ______________________

Transport Vehicle

Year: _________________ Make: _____________________________ Model: ________________________

Rent or Own? ___________________________

Gillnets

Mesh Type: _________________ Length: _________________________ Depth: ________________________

Age: ___________________________

Purse Seine Equipment (purse seine specs at 2,000’ by 40’)

Pulling/Hauling Rig HP Mounted in boat used for Seining: ___________________________________________________

Model: _______________________________________

6. Business Information