Final_RFP.docx

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DNR Silver Bay Marina Fuel System
Solicitation number
2000018571
Issued by
Minnesota

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Summary: Final RFP for DNR Silver Bay Marina Fuel System

This is a Request for Proposals (RFP) issued by the Minnesota Department of Natural Resources (DNR) Operations Services Division and the Division of Parks and Trails for professional engineering consulting services. The project scope encompasses a complete assessment, design, construction planning, and administration for the reconstruction of the fuel system at Silver Bay Marina. The existing system includes two 5,000-gallon above-ground gasoline tanks, one 5,000-gallon above-ground diesel tank, 948 feet of underground piping, 988 feet of dock piping, leak detection systems, and point-of-sale dispensing equipment. The gasoline fuel system is currently disabled due to leak detection failure, while the diesel system remains operational. The project will require the engineering firm to manage complete decommissioning, abandonment, and disposal of the existing infrastructure along with design and construction administration services for the replacement system.

The RFP document establishes the framework for soliciting qualified consulting engineering firms to deliver comprehensive professional services including design engineering, construction plans and specifications development, construction inspection, and contract administration. Specific details regarding pricing terms, proposal submission deadlines, site visit requirements, pre-proposal meetings, contract award dates, and contract term information are detailed within the RFP documentation. The project represents a significant infrastructure rehabilitation initiative for Minnesota DNR facilities serving marine operations at Silver Bay.

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State of Minnesota Natural Resources

REQUEST FOR PROPOSAL

Silver Bay Marina Fuel System SWIFT Event #2000018571 Date Posted: September 10, 2026

· Responses must be received not later than 2:00 PM, Central Time, October 1, 2026

· Late responses will not be considered

· As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Sec. 45.

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 651.201.2402 or go to the Office of Equity in Procurement home page, at https://mn.gov/admin/business/vendor-info/oep/.

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

This Solicitation requires proposals to be submitted through the SWIFT Supplier Portal. Please note the security changes below that may impact responders from submitting a timely response.

SWIFT SUPPLIER PORTAL SECURITY CHANGES

There are new security measures that the Minnesota Management and Budget implemented on October 16, 2022. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal. The goal of MFA is to create a layered defense that makes it more difficult for unauthorized system access to occur.

For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.

If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.

You are strongly encouraged to set your MFA during business hours of 8:00 A.M. to 4:00 P.M., Central Time, Monday through Friday. You may experience delay setting your MFA after hours.

TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS4
SECTION 2 – SUMMARY OF SCOPE6
SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION7
SECTION 4 – PROPOSAL CONTENT8
SECTION 5 – EVALUATION PROCEDURE AND CRITERIA11
SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS14

Solicitation Attachments

· Attachment A: Responder Declarations

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

· Attachment C: Cost Detail

· Attachment D: Responder Form

· Workforce and Equal Pay Declaration Page

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

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

· Exhibit D: Pricing

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response
Follow the steps below to complete your response to this Solicitation:

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

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

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

How to Ask Questions

The contact person for questions is:

Julie Johansen, Lead Contract Officer Department of Natural Resources julie.johansen@state.mn.us Questions should be emailed to the contact ten (10) days prior to event end date.

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

STEP 2 – WRITE YOUR RESPONSE

The Response Content section is in this link to Section 4. Prepare a written response and supply all requested content. Responses should address the requested information and documents detailed in Section 4. DO NOT INCLUDE Non-Public/Trade Secret data (as defined in this link to Minn. Stat. § 13.37).

Review, sign, and include the Responder Declarations with your response.

STEP 3 –SUBMIT YOUR RESPONSE

Where to Send Your Response

All responses to this solicitation (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (https://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above. Fax, e-mail, and printed responses will not be accepted or considered. All costs incurred in responding to this solicitation will be borne by the responder.

Late responses will not be considered. Responses received after End Date above will not be considered, even if errors or delays were caused by issues outside of responders’ control. If you need assistance please contact the SWIFT Vendor Assistance Helpline at 651-201-8100, Option 1, and then Option 1.

By submitting a response, your company is making a binding legal offer for the period of time set forth below in Section 6, Conditions of Offer.

SECTION 2 – SUMMARY OF SCOPE

Procurement Overview and Goals.

The Minnesota Department of Natural Resources (DNR) Operations Services Division (OSD) and the Division of Parks and Trails (PAT) request proposals from interested consulting engineering firms for professional services to perform ALL necessary work to assess, design, prepare construction plans and specifications, provide construction inspection, and contract administration services for the complete reconstruction of the Fuel System at the Silver Bay Marina.

The Silver Bay Marina is located in a fully accessible Small Craft Harbor developed in 1999 in cooperation with the US Army Corps of Engineers (USACOE). The Small Craft Harbor and Marina Infrastructure is owned by the Minnesota DNR and is operated and maintained by the City of Silver Bay. Services at the marina include 68 seasonal slips, 40 transient slips, dock electrical service, restrooms, showers, laundry and pump out.

The existing gasoline fuel system has experienced leak detection failure in the gasoline line and is currently disabled and not in service. The existing diesel fuel system is currently in service and is the same age as the gasoline fuel system. Existing system consists of two, 5000 above ground gasoline tanks; one 5000 above ground diesel tank; 948 ft of underground piping; 988 ft of dock piping; leak detection; and dispensing point of sale. This project will involve engineering design and construction administration for complete decommissioning, abandonment, and disposal of the system.

A relocated fuel system will be designed. Fuel tanks will be relocated adjacent to the existing public boat access. One, 6000-gallon diesel and one 6000-gallon gasoline tank are being proposed. Dispensing will occur immediately in the vicinity of the tanks by means of dispenser with a hose reel. Site work, electrical, foundations, and code compliant fuel dispensing are required to be designed in this contract.

This project is funded through the State of Minnesota Water Recreation Account. All infrastructure designed and constructed must meet accessibility guidelines throughout the entire project. The project will be advertised and bid by the Department of Natural Resources.

It is the goal of this Professional Technical Services Contract to provide preliminary engineering, design engineering, construction engineering, construction quality control, construction contract administration, and final construction documentation such that the fuel system at the Silver Bay Marina is reconstructed within full compliance of the contract documents, accessibility standards, Minnesota Pollution Control Agency (MPCA) Regulations, State Fire Marshall Regulations, and US Coast Guard regulations.

Final project will deliver a high quality, safe, accessible infrastructure to the citizens of Minnesota.

Tasks and Deliverables.

Project Kick Off

1.Meet with DNR Project Engineer and DNR Parks and Trails staff, and City of Silver Bay. Meeting will be held in person at the Silver Bay Marina. External stakeholders, identified by the Division of Parks and Trails, may be present at this meeting.
2.Inventory current system infrastructure.

Preliminary Engineering:

1.Perform all tasks necessary to assess and complete all environmental and regulatory permit applications, including Fire Code review, MPCA Review, USACOE, and Coast Guard review. Cultural resources reconnaissance survey will be completed by the DNR.
2.Identify all permits required to construct project.
a.DNR will secure internal DNR permits.
b.Assign responsibility for other permits, whether DNR, consultant or construction contractors as is typical of the industry. DNR will assist in assignment as necessary.
3.Perform geotechnical work necessary for design and construction.
a.Conduct 2 geotechnical soil borings up to 15 ft in depth at the proposed location of the fuel tanks
b.Conduct any soil sampling necessary for existing system decommissioning
4.Collect topographic field survey information as needed for the following:
a.Topographic survey at tank and dispensing location
5.Conduct a comprehensive review of all State and Federal code, safety, and environmental regulations and best practices related to fuel storage, dispensing, and decommissioning in a marina environment.
6.Design reinforced concrete tank foundation base on geotechnical investigation.
7.Select new tank product for one 6000-gallon diesel tank and one 6000-gallon gasoline tank.
8.Select new fuel dispensing infrastructure including hose, hose reel, and emergency shutoff.
9.Design electrical connections and service to new tank and dispensing location.
10.Detail all necessary product and labor requirements for the decommissioning of existing fuel lines and tanks.
11.Conduct an onsite 50% walkthrough review of the proposed design elements with the DNR prior to moving to the final design phase of preparing contract documents.
a.At the 50% stage of the review, after the walkthrough of the proposed location for fuel infrastructure. The DNR reserves the right to make one set of alignment, placement, and scope modifications for accessibility, operational impact, wetland avoidance, cultural resources, rare and endangered plants, and resource impact.
12.Provide a 50% level cost estimate for the project scope.
13.Assist DNR with one meeting to present the project to external stakeholders.
14.Identify conflicts with existing utilities. Proposed relocation options if necessary.

Design Engineering:

1.Coordinate construction documents to include the design sheets for all design elements in the decommissioning of the existing fuel system and the new fuel system. Incorporate drawings into one master construction document set for the entire project.
2.Prepare and distribute 90% plans for review,
a.Prepare cost estimate for each review.
b.Allow DNR two weeks for each review.
c.Conduct a review meeting at the end of the review period, if necessary. All review meetings shall be in person at the Silver Bay Marina.
3.Prepare bid documents and final cost estimate so DNR can advertise and bid project.
a.Provide technical specifications for construction.
b.Allow DNR two weeks for review and approval.
4.The project will be let through the DNR utilizing the delegated authority from the Department of Administration
5.Answer Contractor questions during bidding.
6.Prepare all addendums for distribution by DNR.
7.Assist as necessary with bid opening and evaluation of bid abstract and recommendation of award.

Construction Engineering

1.Perform all construction staking. Prepare and deliver a digital point file for the use of the contractor during construction.
2.Provide majority time onsite inspection at events in construction that are critical to quality. Full time inspection is not required. Base hours on construction operations taking place for 30 hours per calendar week for up to 4 weeks.
3.Complete and submit weekly progress reports.
4.Conduct weekly progress meetings with DNR and construction contractor.

Construction Quality Control

1.This project will require majority time construction observation by inspectors during all active construction operations. For the purposes of providing a uniform cost breakdown amongst respondents, the proposer shall base the inspection hours on construction operations taking place for 30 hours per calendar week for up to 4 weeks.
a.Inspectors onsite must have technical competence in fuel system construction and code compliance.
b.Inspectors onsite must have a mastery level expertise in accessible facility construction tolerances and requirements.
c.Inspectors should have a rudimentary level of knowledge of fire and building code standards.
2.Provide materials testing and monitor test results for compliance with the contract specifications.
a.Schedule all material testing operations with the contractor.
b.Actively investigate, identify, and notify contractor of non-compliant work and coordinate for remedies/correction.
c.Provide copies of material testing reports.
3.Maintain records documenting the work progress in accordance with DNR Construction Procedures. Construction management with Procore or equivalent software is requested.
4.Collect digital photographs of constructed facilities or key operations to support written documentation.
5.Review, and forward the DNR Engineer when appropriate, all required project submittals for approval.

Construction Contract Administration

1.Coordinate with the contractor and all stakeholders to schedule a preconstruction meeting, with tasks to include:
a.Prepare preconstruction meeting agenda and notify attendees.
b.Facilitate a preconstruction meeting and keep minutes.
c.Distribute copies of meeting minutes to attendees and key stakeholders.
d.Receive and route all submittals for the project.
2.Provide for full tracking of material utilization, partial payment preparation, and final payment preparation.
a.Actively track and monitor all material utilization and accounting of materials used on the project.
b.Prepare monthly estimates of completed work for partial progress payments. Submit estimates to the DNR for approval and processing.
c.Prepare change order and supplemental agreement forms and submit to the DNR for processing.
d.Prepare Final Payment based on the computed quantities of work completed.
3.Prepare agendas, facilitate progress meetings, and prepare regular meeting minutes.
a.Conduct virtual weekly construction meetings with the DNR, contractor, and stakeholders during active construction.
b.Communicate regularly with the Contractor to monitor changed field conditions and identify potential change orders or supplemental agreements.
c.Communicate promptly and regularly with the DNR Engineer to keep him informed of current change orders or supplemental agreements.
d.Conduct the following special onsite meetings: Utility Locate Meeting prior to excavation, Pre-installation meetings for native seeding and bituminous operations.
4.Identify occurrences of unforeseen events, changed field conditions, or design inconsistencies. Evaluate these situations based on the contract documents. When appropriate, obtain cost proposals from the Contractor and provide recommendations to the DNR to adjust the construction work.
5.Schedule, facilitated in person, and communicate with any State or Federal regulatory agency to inspect the new fuel system. Respond and address any deficiencies identified.
6.Perform Final inspection, recommend final payment
7.Prepare and sign Certificate of Substantial Completion for DNR and Contractor to sign.

Final Construction Documentation

1.Submit final quantities to the contractor for review within four weeks after final inspection. Perform final inspections and prepare a punch list for final approval.
2.Perform a record survey of the trail when construction is completed.
a.Provide an electronic copy of the record survey in AutoCAD format.
b.Place all redline field notes electronically on record survey.
c.Provide 11 x17 paper hardcopy drawings of the record survey.

3. Provide copies of correspondence, meeting minutes, contract changes, materials' test reports, quantity calculations, diaries, reports, certifications, pay requests, "redline" plans depicting field changes, and project close out.

Key Deliverables

1. Design Survey Data

2. Code and Permit Review Summary

3. Bid Documents, in pdf format for advertising

a. Complete final construction plans on 11” x 17” signed and certified by an Engineer Licensed in Minnesota and signed by all other approving entities in the DNR.

b. Complete final specifications/special provisions and proposal (MS Word).

c. Electronic copy of bid documents; drawings in AutoCAD Civil 3D, version 2023 format.

4. Electronic copy of work reports, change orders, payments, and all correspondence during construction.

5. As-built drawings on 11” x 17” certified by the Project Engineer. Required in hard and electronic format.

a. Electronic format must be AutoCAD Civil 3D, version 2023

6. Final project documentation for project closeout. Provide in electronic format.

Project Schedule

1. The contract will commence upon full execution of the contract documents and issuance of the Notice to Proceed. For Work Plan and Gant Chart preparation, assume the contract will be executed by October 5th, 2026.

2. Kickoff meeting within 10 days of notice to proceed (NTP).

3. 50% review submitted to DNR by October 9th, 2026.

a. Allow for one week review.

4. 90% review submitted to DNR by November 20th, 2026

a. Allow for two-week review.

5. Final plans and Bid documents submitted to MNDNR by January 1st, 2027

6. Anticipated Project Bid on February 4th, 2027

7. Fuel System Construction complete by May 15, 2027

This contract will begin on the date stated in the contract or upon full execution of the contract, whichever is later, and will be completed by June 30th, 2028

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from October 2026 – October 2028, with the option to extend up to an additional three years in increments determined by the State.

Question and Answer Instructions.

All questions should be submitted no later than the date and time listed in Section 1, Instructions to Responders. The State is not obligated to answer questions submitted after the question due date and time.

Only personnel listed above are authorized to discuss this solicitation with responders. Contact regarding this solicitation with any personnel not listed above could result in disqualification. This provision is not intended to prevent responders from seeking guidance from state procurement assistance programs regarding general procurement questions.

If a Responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the solicitation, please immediately notify the contact person detailed above in writing of such error and request modification or clarification of the document.

Additional Tasks or Activities.

Responders are encouraged to propose additional tasks, activities, or goods above and beyond the scope of what is requested in this solicitation if they will substantially improve the results of this procurement. Any costs associated with these additional tasks, activities, or goods should be clearly marked and separated from costs associated with the tasks, activities, or goods specifically requested under this solicitation. Because cost is a factor in the evaluation of responses to this solicitation, failure to separate costs for additional tasks, activities, or goods may result in those costs being included in a responder's cost proposal and result in a lower cost score for that proposal.

SECTION 4 – PROPOSAL CONTENT

Please submit the following information:

Work Plan. Responder should provide a description of the deliverables to be provided by the Responder along with a detailed work plan that identifies the major tasks to be accomplished and 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, and what makes the Responder uniquely suited for this work.

Qualifications and Experience. Responder should provide an outline of background and experience with examples of similar work done by the Responder and a list of personnel who will conduct the project, detailing their training, and work experience. Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to include personal contact information, please clearly indicate in the response that personal contact information is being provided.

Cost Detail. Complete and submit Attachment C, “Cost Detail,” attached to this solicitation.

Submit all requested documentation, including, but not limited to, the following documents:

1. Attachment A: Responder Declarations

2. Attachment B: Exceptions to State's Standard Terms and Conditions

3. Attachment C: Cost Proposal

4. Attachment D: Responder Forms

a. Workforce and Equal Pay Declaration Page (Workforce required if anticipated contract and all extensions exceed $100,0000; Equal Pay required if anticipated contract and all extensions exceed $500,000)

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

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

The State will conduct an evaluation of responses to this Solicitation. The evaluations will be conducted in three phases:

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

1. Phase 1 – Responsiveness and Pass/Fail Requirements The purpose of this phase is to determine if each response complies with mandatory requirements. The State will first review each proposal for responsiveness to determine if the Responder satisfies all mandatory requirements. The State will evaluate these requirements on a pass/fail basis.

Mandatory Requirements. The following will be considered on a pass/fail basis:

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

· Work must be performed by or under the direct supervision of an engineer licensed to practice in the State of Minnesota.

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

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

1. Work Plan for Deliverables350 points
2. Qualifications and Experience350 points
3. Cost Detail300 points
1000 points
4. Preference Points (if applicable)120 points (in addition to 1,000 available)

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

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

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

It is anticipated that the evaluation and selection will be completed by October 2026

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Unenforceable Terms As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Section 45.

Unenforceable terms

(a) A contract entered into by the state shall not contain a term that:

(1)requires the state to defend, indemnify, or hold harmless another person or entity, unless specifically authorized by statute;
(2)binds a party by terms and conditions that may be unilaterally changed by the other party;
(3)requires mandatory arbitration;
(4)attempts to extend arbitration obligations to disputes unrelated to the original contract;
(5)construes the contract in accordance with the laws of a state other than Minnesota;
(6)obligates state funds in subsequent fiscal years in the form of automatic renewal as defined in section 325G.56; or
(7)is inconsistent with chapter 13, the Minnesota Government Data Practices Act.

(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term shall be void and the contract is enforceable as if it did not contain that term.

Solicitation Terms

1. Competition in Responding The State desires open and fair competition. Questions from responders regarding any of the requirements of the Solicitation must be submitted in writing to the Solicitation Administrator listed in the Solicitation before the due date and time. If changes are made the State will issue an addendum.

Any evidence of collusion among responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

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

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.

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

Withdrawing Response A responder may withdraw its response prior to the due date and time of the Solicitation. For solicitations in the SWIFT Supplier Portal, a responder may withdraw its response from the SWIFT Supplier Portal. For solicitations done any other way, a responder may withdraw its response by notifying the Solicitation Administrator in writing of the desire to withdraw.

After the due date and time of this Solicitation, a responder may withdraw a response only upon showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to Solicitation Administrator within a reasonable time and prior to the State’s detrimental reliance on the response.

Rights Reserved The State reserves the right to:

· Reject any and all responses received;

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

· Negotiate with the highest scoring Responder[s];

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

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

· Short list the highest scoring Responders;

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

· Interview key personnel or references;

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

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

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

Samples and Demonstrations Upon request, Responders are to provide samples to the State at no charge. Except for those destroyed or mutilated in testing, the State will return samples if requested and at the Responder’s expense. All costs to conduct and associated with a demonstration will be the sole responsibility of the Responder.

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

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

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

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

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

Conditions of Offer Unless otherwise approved in writing by the State, Responder’s cost proposal and all terms offered in its response that pertain to the completion of professional and technical services and general services will remain firm for 180 days, until they are accepted or rejected by the State, or they are changed by further negotiations with the State prior to contract execution.

Award Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. The State reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State, providing each Responder is in compliance with all terms and conditions of the solicitation. The State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re-issue the solicitation, whichever is in the best interest of the State.

Requirements Prior to Contract Execution Prior to contract execution, a responder receiving a contract award must comply with any submittal requests. A submittal request may include, but is not limited to, a Certificate of Insurance.

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

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 651.201.2402.

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.

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