Final_Nursing_Facility_Workforce_Wage_PT_RFP_Word_2003.doc

Minnesota Department of Human Services Grants, Equity, Access and Research Division Request for Proposals for a Contractor to administer the Nursing Home Worker Supplemental Wage Payment Program Date of Publication in SWIFT: September 10, 2026 Americans with Disabilities Act (ADA) Statement This information is available in accessible formats for people with disabilities by calling 651-431-3612 or by using your preferred relay service. For other information on disability rights and protections, contact your agency’s Americans with Disabilities Act (ADA) coordinator 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.mmd.admin.state.mn.us/mn02001.htm.

Table of Contents

1. INTRODUCTION

1.1 Objective of RFP

1.2 Proposal Due Date

1.3 Background

2. SCOPE OF WORK

2.1 Overview……………………………………………………………………………………………………………..…

2.2 Tasks/Deliverables

3. PROPOSAL FORMAT

3.1 Proposal Contents……………………………………………………………………………………

3.2 Proposal Requirements

3.3 Required Statements and Forms

4. RFP PROCESS

4.1. Responders’ Conference

4.2. Responders’ Questions

4.3. Proposal Submission

5. PROPOSAL EVALUATION AND SELECTION

5.1. Overview of Evaluation Methodology

5.2. Evaluation Team

5.3. Evaluation Phases

5.4. Contract Negotiations and Unsuccessful Responder Notice

6. REQUIRED CONTRACT TERMS AND CONDITIONS

7. SOLICITATION TERMS

APPENDIX A Sample Professional Technical Contract ATTACHMENT A Responder Information and Declarations ATTACHMENT B Exceptions to Terms and Conditions ATTACHMENT C Cost Proposal ATTACHMENT D Veteran-Owned Preference Form ATTACHMENT E Reference Form RFP Summary

Important Dates:

RFP Published: September 10, 2026 Responder’s Conference (if applicable): September 22, 2026, 11 AM Questions Due: September 24, 2026, 12 PM Answers Published: September 30, 2026 Proposals Due: October 6, 2026, 4 PM Anticipated Selection of Successful Responder(s): November 6, 2026 Anticipated Start of Contract: December 1, 2026 Anticipated End of Contract: January 1, 2028 State Contact: Carol Anthony; mn.gear.dhs@state.mn.us

1. Introduction

1.1 Objective of RFP

The Minnesota Department of Human Services, through its Grants, Equity, Access and Research Division (STATE), is seeking proposals from qualified Responders to select a qualified contractor (Contractor) to administer all or part of the Nursing Home Worker Supplemental Wage Payment Program established by the 2026 Minnesota Legislature. The program provides one-time supplemental wage payments directly to eligible nursing home workers who worked between January 1, 2026, and June 30, 2026, in accordance with the eligibility criteria established in state law.

Pursuant to Laws of Minnesota 2026, https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/121/ Article 9, Section 47. [256R.60] NURSING FACILITY WORKFORCE WAGE SUPPLEMENT PROGRAM Chapter 121, the Commissioner of Human Services is authorized to contract with a third party to implement part or all of the application and payment processes for the Nursing Home Worker Supplemental Wage Payment Program. Through this Request for Proposals (RFP), STATE seeks a Contractor to provide end-to-end administrative and operational support for the program, including employee and employer data collection and validation, application intake, eligibility verification support, multilingual customer assistance, payment administration, reporting, audit support, and program integrity activities. The Contractor will work collaboratively with STATE to implement a secure, efficient, transparent, and equitable program while ensuring compliance with all applicable statutes, data privacy requirements, and contractual obligations. The Commissioner of Human Services retains sole authority for establishing program policy, making eligibility determinations, authorizing payment amounts, and interpreting all statutory requirements See the RFP summary page for the start and end date and the anticipated initial length of the contract. STATE may extend the contract up to a total of five (5) years.

1.2 Proposal due date

The official response to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP. This RFP does not obligate the STATE to award a contract or complete the project, and the STATE reserves the right to cancel the solicitation if it is considered to be in its best interest. All costs incurred in responding to this RFP will be borne by the Responder.

This RFP provides background information and describes the services desired by the STATE. It delineates the requirements for this procurement and specifies the contractual conditions required by the STATE. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

1.3 Background

During the 2026 legislative session, the Minnesota Legislature established the Nursing Home Worker Supplemental Wage Payment Program to provide one-time supplemental wage payments to eligible nursing home workers whose wages were impacted by the implementation of the January 1, 2026, nursing home wage standards. The program recognizes the important contributions of Minnesota's nursing home workforce and provides financial assistance to eligible workers who earned wages below the applicable wage standards during the period of January 1, 2026, through June 30, 2026. The Minnesota Department of Human Services (DHS), Grants, Equity, Access, and Research (GEAR) Division, is responsible for implementing the program in accordance with Laws of Minnesota 2026, https://www.revisor.mn.gov/laws/2026/0/Session+Law/Chapter/121/ Article 9, Section 47. [256R.60] NURSING FACILITY WORKFORCE WAGE SUPPLEMENT PROGRAM. The law authorizes the Commissioner of Human Services to contract with a third party to implement part or all of the application and payment processes.

2. Scope of Work

2.1 Overview

Through this RFP, STATE seeks a qualified Contractor that will provide comprehensive administrative and operational support to implement the Nursing Home Worker Supplemental Wage Payment Program on behalf of STATE. Services include application development, ongoing customer service support, data collection and validation, application intake and processing, eligibility verification support, multilingual customer assistance, payment administration, reporting, audit completion recoupment, and program integrity activities. The Contractor will collaborate closely with STATE to ensure the program is administered efficiently, securely, equitably, and in compliance with all applicable statutory and contractual requirements.

Total Funding Available The Minnesota legislature has allocated $9.5 million dollars in funding for Nursing Home Worker Supplemental Wage Payment Program to provide one-time supplemental wage payments to eligible nursing home workers whose wages were impacted by the implementation of the January 1, 2026, nursing home wage standards. DHS will review proposals received and reserves the right to award one or more awards.

2.2 Tasks and Deliverables- Contractor Duties and Eligibility Determination The Contractor shall provide administrative, technical, customer service, data management, eligibility verification support, payment administration, and reporting services necessary to implement the program. DHS retains sole authority for all program policy decisions, eligibility determinations, and payment approvals.

The Contractor shall perform the following duties:

1. Program Administration

a) Develop and implement all operational processes necessary to administer the Supplemental Wage Payment Program.

b) Develop and maintain a project management plan, implementation timeline, staffing plan, and risk management plan.

c) Coordinate all implementation activities with STATE.

d) Maintain sufficient staffing and operational capacity throughout the contract period.

e) Ensure compliance with all applicable state and federal laws, Minnesota Statutes, DHS policies, and data privacy and security requirements.

2. Employer Data Collection and Validation The Contractor shall, in conjunction with STATE, be primarily responsible for collecting, validating, and maintaining employer-submitted wage and hour information.

Responsibilities include:

a) Develop secure processes for collecting employer wage and hour data.

b) Receive, review, validate, and maintain employer-submitted data for covered employees.

c) Identify missing, duplicate, or inconsistent records.

d) Assist STATE in requesting and tracking additional information from employers when necessary to validate reported data.

e) Maintain complete audit trails documenting all data modifications and validations.

f) Produce reports identifying incomplete or questionable submissions.

g) Provide technical assistance to employers regarding reporting requirements.

3. Application Administration The Contractor shall develop and administer an accessible and secure application process.

Responsibilities include:

a) Develop and maintain an online application portal and alternative application methods approved by STATE.

b) Accept applications in the form and manner established by STATE.

c) Ensure applicants certify that they are covered employees and meet statutory eligibility requirements including working with STATE to verify.

d) Track application status from receipt through final determination.

e) Notify applicants of incomplete applications and assist applicants in resolving deficiencies.

f) Prevent duplicate applications and duplicate payments.

g) Maintain secure applicant records and documentation.

4. Eligibility Verification and Review Support The Contractor shall provide administrative and technical support to assist STATE in determining applicant eligibility consistent with Minnesota Statutes and program requirements.

The Contractor shall:

a) Verify that each applicant meets the statutory definition of a covered employee, including confirmation that the applicant:

1) Worked for a covered employer between January 1, 2026, and June 30, 2026;

2) Worked at least 260 hours during the eligibility period; and

3) Meets all other eligibility requirements established by STATE, and by statute.

b) Verify, using employer-submitted wage and hour data and other information approved by STATE, whether an applicant:

1) Worked in a position impacted by the January 1, 2026, wage standards described in Minnesota Rules, parts 5200.2060 through 5200.2090; and

2) Was paid an hourly wage below the applicable January 1, 2026, wage standards during the eligibility period.

c) Compare applicant information with employer-submitted wage and hour records.

d) Conduct data matching and validation activities.

e) Identify discrepancies, incomplete records, duplicate applications, or inconsistencies requiring additional review.

f) Request additional information from applicants, when authorized by STATE.

g) Maintain documentation supporting each eligibility recommendation.

h) Prepare eligibility recommendations and payment category recommendations for STATE review.

i) Flag applications requiring manual review by STATE.

The Contractor shall establish quality assurance procedures to ensure:

1) Consistent application of eligibility requirements;

2) Accurate verification of employment, hours worked, and wages;

3) Prevention of duplicate applications and payments;

4) Complete documentation supporting eligibility recommendations; and

5) Compliance with all STATE policies and procedures.

5. Multilingual Applicant Assistance The Contractor shall establish and operate comprehensive multilingual applicant support services, including:

a) A temporary multilingual customer service help line.

b) Telephone, email, and other customer support channels approved by STATE.

c) Interpretation services for applicants with limited English proficiency.

d) Translation of applications, instructions, notices, and other program materials into languages approved by STATE.

e) Tracking customer inquiries, response times, and resolutions.

f) Development of frequently asked questions and applicant guidance materials.

6. Employer Communications The Contractor shall assist STATE in developing and implementing employer communications, including:

a) Employer notification materials approved by STATE.

b) Communication toolkits and guidance regarding employer reporting responsibilities.

c) Technical assistance to employers regarding program implementation.

d) Documentation of employer communications and outreach activities.

7. Payment Administration Upon written authorization from STATE, the Contractor shall:

a) Prepare approved payment files.

b) Process payments to eligible applicants.

c) Maintain payment documentation and reconciliation records.

d) Prevent duplicate payments.

e) Issue payment confirmations.

f) Coordinate payment processing with STATE financial staff.

g) Produce payment reconciliation and financial reports.

8. Data Security and Privacy The Contractor shall:

a) Maintain secure systems that comply with State of Minnesota information security standards.

b) Protect all personally identifiable information and confidential data.

c) Restrict system access to authorized personnel.

d) Encrypt sensitive data during transmission and storage.

e) Maintain disaster recovery and business continuity procedures.

f) Immediately report any security incident or data breach to STATE.

9. Reporting The Contractor shall submit reports in the format and frequency specified by STATE, including:

a) Employer reporting status.

b) Application volume and processing status.

c) Eligibility review outcomes.

d) Payment summaries.

e) Customer service metrics.

f) Language access metrics.

g) Fraud prevention activities.

h) Operational performance measures.

i) Financial reconciliation reports.

j) Other reports requested by STATE.

10. Audit Support and Program Integrity The Contractor shall:

a) Maintain complete program records for the period required by law and the contract.

b) Assist STATE with audits conducted for up to six years following payment issuance.

c) Support STATE in identifying and documenting improper payments.

d) Assist STATE with recoupment activities related to ineligible or overpaid applicants.

e) Implement procedures to detect and prevent fraud, waste, abuse, and duplicate payments.

f) Immediately report suspected fraud or misuse of program funds to STATE.

11. Quality Assurance The Contractor shall develop and implement a Quality Assurance Plan that includes:

a) Internal quality control procedures.

b) Data accuracy reviews.

c) Eligibility verification reviews.

d) Payment accuracy verification.

e) Customer service monitoring.

f) Corrective action procedures.

g) Continuous process improvement activities.

12. Deliverables At a minimum, the Contractor shall provide:

a) Project Management Plan.

b) Implementation Plan.

c) Secure employer data collection system.

d) Online application portal.

e) Multilingual applications, instructions, and notices.

f) Multilingual customer help line.

g) Employer communication materials.

h) Eligibility verification and recommendation reports.

i) Payment processing system.

j) Weekly implementation status reports.

k) Monthly operational and financial reports.

l) Final program report.

m) Audit support documentation.

n) Complete program records and contract closeout documentation.

13. STATE Authority The Contractor acknowledges that:

a) STATE retains sole authority to establish program policies and procedures.

b) STATE retains sole authority to determine applicant eligibility and payment amounts.

c) The Contractor shall not approve, deny, or modify an applicant's eligibility or payment amount without written authorization from STATE.

d) Eligibility determinations and payment decisions made by STATE are final and not subject to appeal, as provided by statute.

14.

Advancing Equity The State of Minnesota is committed to advancing equitable access to programs and services. As part of its response, the Responder must describe how it will incorporate equity into the administration and implementation of the Nursing Facility Wage Supplemental Payment program.

3. Proposal Requirements Proposals must conform to all instructions, conditions, and requirements included in this RFP. Responders are expected to examine all documentation and other requirements. Failure to observe the terms and conditions in completion of the proposal is at the Responder’s risk and may, at the discretion of the STATE, result in disqualification of the Proposal for non-responsiveness. Acceptable Proposals should address all services identified in Section 2, “Scope of Work,” agree to the contract conditions specified throughout the RFP, and include all of the items referenced in the Required Statements and Applicable Forms sections. Responder must also agree to the terms and conditions in the attached sample contract unless specifically making an exception pursuant to Required Form specified in 3.3b.

3.1 Proposal Contents

Responses to this RFP must consist of all following components. Each of these components must be separate from the others and identified with labeled tabs. The Cost Proposal must be submitted in SWIFT as a separate document from the Technical Proposal.

Proposal Components

1. Table of Contents

2. Technical Proposal Requirements

a. Proposed Work Plan (Deliverables, work plan, and project management approach)

b. Relevant Responder Experience/Résumés of Lead Responder Staff (Qualifications/experience of personnel working on the project)

c. Accessibility and VPAT

d. References (Attachment E )

3. Statements and Forms

a. Responder Information and Declarations (Attachment A)

b. Exceptions to Terms and Conditions (Attachment B)

c. Accessibility and VPAT

d. Information Security Questions Form (Attachment xx) e.

References (Attachment E) f.

Minnesota Workforce Declaration Page (Affirmative Action) g.

Equal Pay Declaration Page h.

Veteran-Owned Preference Form (Attachment D ) 5.

Cost Proposal (Attachment C) (Submit as a separate document from the Technical Proposal)

3.2 Technical Proposal Requirements

The following will be considered minimum requirements of the Technical part of the Proposal. The emphasis should be on completeness and clarity of content.

1. Proposed Work Plan: The Responder should provide a description of the deliverables to be provided along with a detailed work plan that identifies how the major tasks are to be accomplished. The work plan should provide sufficient information to be used as a scheduling and managing tool, as well as the basis for invoicing. This document should NOT list cost detail. If cost detail is included in this document, the STATE may disqualify the proposal as non-responsive. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract. Responder should include proposed staffing for the project.

2. Relevant Responder Experience; Resumes of Lead Responder Staff: The Responder should demonstrate the length, depth, and applicability of prior experience in providing the requested services. This component of the Proposal must include previous experiences that will demonstrate the Responder's ability to deliver the services requested in this RFP. Responder should also provide a narrative description of the actual services that Responder has experience with. Describe what role, if any, staff proposed for this project had in the referenced service.

The Responder should also demonstrate the skill and experience of proposed lead staff by submitting their resumes. Resumes should describe the education, professional affiliations, and other relevant background of the lead staff to be assigned to this project. No change in the successful Responder’s personnel assigned to this project will be permitted without the prior approval of the State Program Manager. Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to included personal contact information, please clearly indicate in the response that personal contact information is being provided.

3. Advancing Equity:

The State of Minnesota is committed to advancing equitable access to programs and services. As part of its response, the Responder must describe how it will incorporate equity into the administration and implementation of the Nursing Facility Wage Supplemental Payment program.

The responder should demonstrate:

1. Equitable Access: how the eligible nursing facilities and covered employees have equitable access to information and participation in the program, including facilities and workers that may experience geographic, linguistic, cultural, technological, or other barriers.

2. Outreach and Communication: the approach to providing clear, accessible, and culturally and linguistically appropriate communications regarding eligibility, application or participation requirements, payment processes, and timelines.

3. Identification and Reduction of Barriers: how it will identify and address barriers that could result in eligible employees being underserved or excluded from the program.

4. Relevant Experience: experience administering programs or projects involving diverse populations, underserved communities, nursing facilities, long-term care workers, or similar populations.

5. Monitoring Equity: how it will use available data, feedback, or other measures to identify disparities in program participation or implementation and recommend corrective actions when appropriate.

3.3 Required Statements and Forms

The following forms are required statements that must be completed and included with your Proposal. Submit the completed forms, as required, in the “Required Statements and Forms” section of your Proposal. Failure to submit a Required Statement or to use the most current forms found in eDocs or attached to this RFP is at the Responder’s risk and may, at the discretion of STATE, result in disqualification of the proposal for non-responsiveness.

a. Responder Information and Declarations (Attachment A): Complete and submit the “Responder Information and Declarations” form, which includes non-collusion and lobbying provisions. If you are required to submit additional information as a result of the declarations, include the additional information as part of this form. The Responder may fail the Required Statements Review in the event that the Responder does not affirmatively warrant to any of the warranties in the Responder Information and Declarations. Additionally, STATE reserves the right to fail a Responder in the event the Responder does not make a necessary disclosure in the Responder Information and Declarations or makes a disclosure which evidences a conflict of interest.

b. Exceptions to Sample Contract and RFP Terms (Attachment B): The contents of this RFP and the Proposal(s) of the successful Responder(s) may become part of the final contract if a contract is awarded. Responders who object to any condition of this RFP or STATE’s sample contract terms and conditions (attached as Appendix A) must note the objection(s) on the Exceptions to Sample Contract and RFP Terms and Conditions form. Much of the language reflected in the sample contract is required by statute. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

c. Accessibility and VPAT Information Any information systems, tools, information content, and/or work products, including the response to this solicitation/contract, applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial off-the-shelf (COTS) or custom, purchased or developed, must comply with the State of Minnesota Accessibility Standard effective September 1, 2010, as updated on July 1, 2024. This standard requires in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 (Level AA) and Section 508 of the Rehabilitation Act of 1973.

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard . (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration.

(The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration.

For both information technology deliverables/services and for commercial, off-the-shelf software (COTS), Responders should submit copies of or links to the Voluntary Product Accessibility Template (VPAT) for its product, as well as additional relevant information to aid in evaluating how Responders address accessibility. Information about the VPAT and VPAT templates can be found at the MN.IT Procurement Accessibility website2, under the “Products” tab.

Responders must demonstrate a commitment to and engage in accessibility within their own organization by submitting the Policy Driven Adoption for Accessibility (PDAA) Worksheet. Information about the PDAA and PDAA templates can be found at the MN.IT Procurement Accessibility website

HYPERLINK "https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp" \t "_blank" [2], under the “Professional Services” tab.

d. Information Security Questions Form (DHS-7895-ENG) If the RFP asks for the creation or hosting of an external website or application, each Responder must complete the Information Security Questions form and submit with its Proposal. STATE’s Office of Information Security may ask for additional information from successful Responders based on this form.

e. Human Rights Compliance:

i. Workforce Certificate Information: (Applies if a resulting contract will be in excess of $100,000). Responders are required to complete and submit the Workforce Certificate Declaration form with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain a Workforce Certificate from MDHR prior to contract execution. Minnesota Department of Human Rights’ (MDHR) Workforce Certificate instructions and Application Form can be obtained at this link.

ii. Equal Pay Certificate: Responders are required to complete and submit the Equal Pay Declaration form with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate from MDHR prior to contract execution. MDHR’s Equal Pay Certificate instructions and Application Form can be obtained at this link.

f. Veteran-Owned Preference Form (Attachment D): Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the STATE will award 12% preference points for certified small businesses that are majority owned and operated by veterans.

g. References Form (Attachment E):

Responder should complete and submit “Attachment E: Reference Form” for each reference it provides with its Proposal. Responder should submit reference forms with each reference’s company name and contact information. Once Responder’s Proposal is received, the RFP Administrator will send the same form to each of Responder’s reference(s) for each reference to answer the provided questions and return to the RFP Administrator.

Responder must complete and submit “Attachment E: Reference Form” with its Proposal. Responder should ensure that each reference company answers every question and provides all information requested on the reference 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 verify the information submitted on Attachment E before an award is made. The STATE reserves the right to contact the references listed in Attachment E. The solicitation response will be rejected if the STATE, in its sole discretion, receives information that indicates the Responder is non-responsible or non-responsive.

4. RFP Process

4.1 Responders’ Conference

A Responders’ Conference will be held on September 22, 2026, at 11:00 AM Central Time virtually via Microsoft Teams meeting : https://teams.microsoft.com/meet/266130551929638?p=hGOu01qU9gfb2bu9hQ Meeting ID: 266 130 551 929 638 Passcode: mY6CQ2LT

Dial in by phone

+1 651-395-7448,,32097266# United States, Minneapolis

Find a local number

Phone conference ID: 320 972 66#

The conference will serve as an opportunity for Responders to ask specific questions of STATE staff concerning the project. Attendance at the Responders’ Conference is not mandatory but is recommended. Responders may attend via conference call (contact STATE contact for this RFP for more information about attending by conference call). Oral answers given at the conference will be non-binding. Written responses to questions asked at the conference will be posted in SWIFT as an addendum to the RFP.

4.2 Responders’ Questions

Responders’ questions regarding this RFP must be submitted prior to 4:00 p.m. Central Time on September 24, 2026. All questions must be sent via email to: mn.gear.dhs@state.mn.us Other personnel are NOT authorized to discuss this RFP with Responders before the Proposal submission deadline. Contact regarding this RFP with any STATE personnel not listed above could result in disqualification. STATE will not be held responsible for oral responses to Responders.

Questions will be addressed in writing and distributed to all identified prospective Responders via an addendum to the RFP in SWIFT. Every attempt will be made to provide answers timely, within 3 business days of receiving the question.

4.3 Proposal Submission

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (http://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

Interested Responders may begin preparing and entering their response into SWIFT as soon as they have downloaded the RFP. Electronic submissions to the STATE will be accepted beginning on the SWIFT Start Date for this RFP. Cost information must be loaded into the system as a separate document(s) from Responder’s technical response.

All Proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above 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.

NOTE: Responders must be registered vendors in the Statewide Integrated Financial Tool (SWIFT) system in order to submit a response to this RFP. Responders can register as a vendor by going to http://www.mmb.state.mn.us/vendorresources. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651-201-8100, Option 1.

Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the Responder.

5. Proposal Evaluation and Selection

5.1 Overview of Evaluation Methodology

1. All responsive Proposals received by the deadline will be evaluated by STATE. Proposals will be evaluated on “best value” as specified below. The evaluation will be conducted in three phases:

a. Phase I Review Proposals for responsiveness and pass/fail requirements

b. Phase II Evaluation of Proposal requirements

c. Phase III Selection of the successful Responder(s)

2. During the evaluation process, all information concerning the Proposals submitted, except for the name of the Responder(s), will remain non-public and will not be disclosed to anyone whose official duties do not require such knowledge.

5.2 Evaluation Team

1. An evaluation team will be selected to evaluate Responder Proposals.

2. STATE and professional staff, other than the evaluation team, may also assist in the evaluation process. This assistance could include, but is not limited to, the initial review of Proposals for responsiveness and pass/fail requirements, contacting of references, or answering technical questions from evaluators.

3. STATE reserves the right to alter the composition of the evaluation team and their specific responsibilities.

5.3 Evaluation Phases

It is important that the Responder ensure that all sections of the Proposal have been completed to avoid the possibility of failing an evaluation phase or having their score reduced for lack of information.

1. Phase I: Responsiveness and pass/fail requirements The purpose of this phase is to determine if each Proposal 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.

· Responders must "pass" each of the requirements identified in section 3.3 “Required Statements and Forms” to move to Phase II2. Phase II: Evaluation of Technical Requirements of Proposals Only those responses found to have met Phase 1 criteria will be considered in Phase 2.

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

The evaluation team will review the components of each responsive Proposal submitted. Each component will be evaluated on the Responder's understanding and the quality and completeness of the Responder's approach and solution to the problems or issues presented.

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

3. Phase III: Selection of the Successful Responder(s) a.

Only the Proposals found to be responsive under Phases I and II will be considered in Phase III.

b.

The evaluation team will use the Responders’ final scores in making its recommendations of the successful Responder(s).

c.

STATE may request a clarification concerning the Proposal(s) from one or more Responders. STATE may require said response to be written, oral, or both. STATE will only use written responses for evaluation purposes.

d. The STATE reserves the right to conduct a Best and Final Offer. The total scores for those Responders selected to submit additional information under the Best and Final Offer process may be revised as a result of the new information.

e.

The evaluation team will make its recommendation based on the above-described evaluation process. The successful Responder(s), if any, will be selected approximately 30 Days after the Proposal submission due date.

5.4 Contract Negotiations and Unsuccessful Responder Notice

The STATE will make its selection based on best value, as determined by the evaluation process described above. The STATE reserves the right to pursue negotiations on any exception taken to the STATE’s standard terms and conditions. In the event that negotiated terms cannot be reached, the STATE reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder or take other actions as the STATE deems appropriate. If the STATE anticipates multiple awards, the STATE reserves the right to negotiate with more than one Responder.

If a Responder(s) is selected, STATE will notify the successful Responder(s) in writing of their selection and STATE’s desire to enter into contract negotiations. Until STATE successfully completes negotiations with the selected Responder(s), all submitted Proposals remain eligible for selection by STATE. Data created or maintained by the STATE as part of the evaluation process will be public data when contract negotiations have been successfully completed. If the STATE determines that it is unlikely that a Responder will be selected for contract negotiations, the STATE may, as a courtesy, notify the Responder that it has not been selected for contract negotiations. After STATE and chosen Responder(s) have successfully negotiated a contract, STATE will notify the unsuccessful Responders in writing that their Proposals have not been accepted. All public information within Proposals will then be available for Responders to review, upon request.

6. Required contract Terms and Conditions All Responders must be willing to comply with all state and federal legal requirements regarding the performance of the contract. The requirements are set forth throughout this RFP and in the sample contract attached as Appendix A. The attached sample contract should be reviewed for the terms and conditions that will likely govern any resulting contract from this RFP. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

7. Solicitation Terms A. Competition in Responding The STATE desires open and fair competition. Questions from Responders regarding any of the requirements of the RFP must be submitted in writing to the RFP Administrator as described in section 4.2 of this RFP. If changes are made to the RFP, 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.

B. Addenda to the RFP Changes to the RFP will be made by addendum with notification and posted in the same manner as the original RFP. Any addenda issued will become part of the RFP.

C. Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.

D. Preparation Costs. STATE is not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contact will be done only to the extent the Responder voluntarily assumes risk of non-payment.

E. Joint Ventures The STATE allows joint ventures among groups of Responders when responding to the RFP. However, one Responder must submit a response on behalf of all the others in the group. The Responder that submits the response will be considered legally responsible for the response (and the contract, if awarded).

F. Withdrawing Response A Responder may withdraw its response prior to the due date and time of the RFP. 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 RFP Administrator in writing of the desire to withdraw.

After the due date and time of this RFP, 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 RFP Administrator within a reasonable time and prior to the STATE’s detrimental reliance on the response.

G. Rights Reserved The STATE reserves the right to:

· Reject any and all responses received;

· Cancel the RFP at any time and for any reason with no cost or penalty to STATE.

· Not be liable for any errors in the RFP or other responses related to the RFP.

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

· Duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal;

· 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;

· Request additional information; and

· Use estimated usage or scenarios, modify scenarios and request or add additional scenarios for the purpose of conducting pricing evaluations.

H. 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.

I. Responses are Nonpublic during Evaluation Process All materials submitted in response to this RFP 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.

J. Trade Secret Information Responders must not submit trade secret material as part of their response, as defined by Minn. Stat. § 13.37.

In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the STATE, its agents and employees, from any judgements awarded against the STATE in favor of the party requesting the data, and any and all costs connect with that defense.

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

A Responder may present and discuss trade secret information during an interview or demonstration with the STATE, if applicable.

K. 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.

L. Award Any award that may result from this RFP will be based upon the total accumulated points as established in the RFP. The STATE reserves the right to award this RFP 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 RFP. 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.

M. 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.

N. 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.

O. 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.

P. Geographical Location of Work All services under this contract shall be performed within the borders of the United States, except as may be otherwise required by the World Trade Organization Government Procurement Agreement of 1996 . This includes all storage and processing of information and work performed by subcontractors at all tiers.

Remainder of the page intentionally left blank. (Appendix and Attachments follow) Appendix A: Sample State Professional technical Contract

Minnesota Department of Human Services Professional Technical Contract This Contract, and all amendments and supplements to the contract (“CONTRACT”), is between the State of Minnesota, acting through its Department of Human Services, Grants, Equity, Access, and Research GEAR) Division (“STATE”) and Click here to contractor name, an independent contractor, not an employee of the State of Minnesota, located at Click here to enter physical address (“CONTRACTOR”).

RECITALS

Under Minnesota Statutes, sections 15.061 and 256.01, subdivision 2(a)(6) Click here to enter additional authority, the STATE has authority to enter into contracts to provide services and engage in activities as necessary to carry out its mission.

STATE is in need of the following services: to administer the Nursing Home Worker Supplemental Wage Payment Program .

CONTRACTOR represents that it is duly qualified and willing to perform the services set forth in this CONTRACT to the satisfaction of STATE.

STATE will share the following Protected Information:

STATE’s purpose for Sharing Protected Information and Expected Outcomes is:

STATE is permitted to share Protected Information with CONTRACTOR in accordance with Minnesota Statutes, section 13.46.

The parties agree as follows:

CONTRACT:

1. CONTRACT TERM AND SURVIVAL OF TERMS.

1.1. Effective date: This CONTRACT is effective on Click here to enter date, or the date that STATE obtains all required signatures under Minnesota Statutes, section 16C.05, subdivision 2, whichever is later. CONTRACTOR may not begin work under this CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been obtained and CONTRACTOR is notified to begin work by STATE's Authorized Representative.

1.2. Expiration date. This CONTRACT is valid through Click here to enter date, or until all obligations set forth in this CONTRACT have been satisfactorily fulfilled, whichever occurs first.

1.3. No performance before notification by STATE. CONTRACTOR may not begin work under this CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been obtained per Minn. Stat. § 16C.05, subd. 2, and CONTRACTOR is notified to begin work by STATE's Authorized Representative.

1.4. Survival of terms. CONTRACTOR shall have a continuing obligation after the expiration of CONTRACT to comply with the following provisions of CONTRACT: Indemnification; Information Privacy and Security; Intellectual Property Rights; State audits; Contractor Data Disclosure; Publicity; and Jurisdiction and Venue.

1.5. Time is of the essence. CONTRACTOR will perform its duties within the time limits established in CONTRACT unless it receives written approval from STATE. In performance of CONTRACT, time is of the essence.

2. CONTRACTOR'S DUTIES.

2.1. CONTRACTOR shall perform duties in accordance with Attachment A, Work Plan, which is attached and incorporated into this CONTRACT.

2.2. Accessibility. Any information systems, tools, content, and work products produced under this CONTRACT, including but not limited to software applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial, off-the-shelf (COTS) or custom, purchased or developed, must comply with the Minnesota State Accessibility Standard (mn.gov),[1] as updated on July 1, 2024. This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 (Level AA) and Section 508 of the Rehabilitation Act of 1973.

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard and any documents, reports, communications, etc. contained in an electronic format that CONTRACTOR delivers to or disseminates for the STATE must be accessible.