MDE_Alternative_Dispute_Resolution_(ADR)_Services_RFP.pdf
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- Attached to
- MDE Alternative Dispute Resolution RFP
- Solicitation number
- 2000018548
- Issued by
- Minnesota
About this file
This is a Request for Proposal (RFP) issued by the Minnesota Department of Education (MDE) for Alternative Dispute Resolution (ADR) services to establish a master contract program providing special education mediation and facilitation services. MDE seeks to develop a roster of pre-qualified contractors to provide mediators and facilitators who can assist parents, school district representatives, and other agencies in resolving special education disputes through mediation and facilitation. Services will be delivered both virtually and in-person, with mediators required to travel throughout Minnesota as needed. The RFP was posted on August 6, 2026, with a response deadline of 12:00 p.m. Central Time on September 4, 2026. The anticipated contract term extends through June 30, 2027, with options to extend up to two additional years in increments determined by MDE. Multiple master contract awards are anticipated, though issuance of a master contract does not guarantee work assignments. Work will be distributed on a random rotational basis according to MDE's needs through individual work order contracts. Evaluation is anticipated to be completed by October 31, 2026.
Responders must possess a minimum of 200 hours of mediation experience and be listed as a qualified neutral under Rule 114 of the Minnesota General Rules of Practice for the District Courts. Desired qualifications include more than 200 hours of mediation experience, bachelor's degree, advanced degree, and special education mediation experience. Responders must submit a technical proposal addressing qualifications and experience, an approach to work statement, and a cost proposal with separate maximum hourly rates for services and round-trip travel time. The maximum hourly rate must include all travel-related expenses such as meals and hotel costs; mileage and other travel-related expenses will not be reimbursed separately. Travel-related expenses for mandatory MDE training will be reimbursed only if the contractor must travel more than 60 miles round trip. Contractors awarded master contracts must accept at least 30 percent of all engagement requests per state fiscal year and respond to engagement requests within 24 hours. Evaluation will be conducted on a three-phase basis with Phase 1 assessing mandatory requirements on a pass/fail basis, Phase 2 evaluating responses on qualifications and experience (500 points), approach to work (200 points), and cost (300 points), plus up to 120 preference points for targeted group, economically disadvantaged, or veteran-owned businesses. All responses must be submitted through the SWIFT Supplier Portal; fax, email, and printed responses will not be accepted.
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| File | Type | Posted |
|---|---|---|
| ADR_Solicitation_Attachments.docx | DOCX document | |
| MDE_Alternative_Dispute_Resolution_RFP.pdf | ||
| ADR_Solicitation_Attachments.pdf | ||
| ADR_sample_master_contract_and_work_order_contract.docx | DOCX document |
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Text version
Rev. 07.01.2025
MDE CON-2201
State of Minnesota Minnesota Department of Education (“MDE”)
REQUEST FOR PROPOSAL (“RFP”)
SPECIAL EDUCATION ALTERNATIVE DISPUTE
RESOLUTION (“ADR”) SERVICES MASTER CONTRACT
SWIFT Event #2000018548
Date Posted: August 6, 2026
• Responses must be received not later than 12:00 p.m., Central Time, September 4, 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.
https://www.revisor.mn.gov/laws/2025/0/Session+Law/Chapter/39/ https://mn.gov/admin/business/vendor-info/oep/
Rev. 07.01.2025, MDE CON-2201 Page 2 of 15
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.
https://guest.supplier.systems.state.mn.us/psc/fmssupap/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?& https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf
Rev. 07.01.2025, MDE CON-2201 Page 3 of 15
TABLE OF CONTENTS
Solicitation Content
SECTION 1 – INSTRUCTIONS TO RESPONDERS
SECTION 2 – SUMMARY OF SCOPE
SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION
SECTION 4 – PROPOSAL CONTENT
SECTION 5 – EVALUATION PROCEDURE AND CRITERIA
SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS
Solicitation Attachments
• Attachment A: Responder Declarations
• Attachment B: Exceptions to State's Terms and Conditions
• Attachment C: Cost Proposal
• Attachment D: Responder Form o Veteran-Owned Preference Form o Workforce and Equal Pay Declaration Page
Sample Master Contract and Work Order Contract
• Exhibit A: Contract Terms
• Exhibit B: Insurance Requirements
• Exhibit C: Specifications, Duties, and Scope of Work
• Exhibit D: Sample Work Order Contract
• Exhibit E: Sample Invoice
Rev. 07.01.2025, MDE CON-2201 Page 4 of 15
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:
Jennifer Fleckner, SPA-Principal Minnesota Department of Education (MDE) Jennifer.Fleckner@state.mn.us
Subject line: ADR RFP Questions
Questions should be emailed to this contact by 12:00 p.m. Central Time on August 14, 2026.
Questions will be answered via an addendum posted to the Statewide Integrated Financial Tools (“SWIFT”) Strategic Sourcing event.
Other personnel, except for APEX Accelerator staff, 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.
mailto:Jennifer.Fleckner@state.mn.us https://www.revisor.mn.gov/statutes/cite/13.37 https://mn.gov/supplier
Rev. 07.01.2025, MDE CON-2201 Page 5 of 15
RFP Assistance for Minnesota Based Vendors
Minnesota based vendors can reach out to APEX Accelerator at apexaccelerator.adm@state.mn.us for assistance with the RFP process and submission documents. Their website www.mn.gov/admin/apexaccelerator has a list of counselors and a place to “Request Services”.
If there are SWIFT specific questions then please reach out to the SWIFT Vendor Assistance Helpline at 651-201-8100, Option 1, and then Option 1.
mailto:apexaccelerator.adm@state.mn.us http://www.mn.gov/admin/apexaccelerator
Rev. 07.01.2025, MDE CON-2201 Page 6 of 15
SECTION 2 – SUMMARY OF SCOPE
Procurement Overview and Goals.
The Minnesota Department of Education (“MDE” or “State”) is seeking proposals from qualified and experienced individuals to serve as special education mediators and facilitators within a master contract program (“Program”) to be utilized by MDE. Selected individuals will be awarded a Master Contract and placed on a roster of pre-qualified vendors. Vendors will be selected for project work based on agency needs.
This Request for Proposal (“RFP”) will result in multiple master contract awards to qualified responders that provide the services requested below. The successful responders will be placed on a roster of pre-qualified contractors for the Program. The issuance of a master contract does not guarantee work under this Program. MDE will issue work based on a random rotation basis based on MDE’s needs.
The goal of this project is to develop a roster of pre-qualified contractors to provide MDE with a quick means of purchasing special education mediation and facilitation services.
Sample Tasks and Deliverables.
MDE utilizes alternative dispute resolution (“ADR”) mediators and facilitators who have, or can acquire, knowledge of special education program requirements. Special education mediators, through mediation and facilitation, will assist parents/legal guardians, school district representatives, and other agencies providing special education services to students in resolving conflicts and building working relationships so that students’ needs can be met without the use of litigation.
ADR services are provided virtually and in-person. Responders must have or be able to obtain the technical ability to provide ADR services via a virtual platform approved by MDE. Mediators must be willing to travel throughout the state as well as lead a virtual meeting. MDE will accommodate ADA needs should the mediator physically be unable to travel.
1. Sample Tasks. Responders awarded a master contract may be requested to perform duties including, but not limited to:
a. Meet with disputing families, school staff and other individuals providing special education services in a special education mediation session and assist in the resolution of the dispute.
b. Explain the mediation process to participating parties.
c. If mediation is successful, assist the parties in drafting a concise written agreement as required by Code of Federal Regulations, Title 34, Section 300.506 and Minnesota Statutes, Section 125A.091.
d. Facilitate a special education team meeting between families, school staff and other individuals providing special education services, and assist with communications, while keeping a focus on the education program process and student needs to help resolve conflicts.
e. Assist teams in writing an individualized education program (“IEP”) that all parties find acceptable.
f. Assist teams in creating mutual understanding and developing an effective communication plan.
g. Follow any procedures as directed by MDE’s Office of General Counsel in developing, scheduling, mediating, facilitating or submitting case evaluation reports.
h. Attend an initial, one full day of training at MDE to gain knowledge of regulations and laws related to the provision of special education services to students.
i. Attend at least one (1) full day of training per state fiscal year provided by or approved by the MDE
Project Manager, to build capacity and knowledge about recent regulations and laws related to the provision of special education services to students. Contractor is eligible to receive $900 in compensation for attending this training provided by MDE. All compensation will be made on a reimbursement basis.
i. The state fiscal year runs from July 1 through June 30 each calendar year.
Rev. 07.01.2025, MDE CON-2201 Page 7 of 15
j. Obtain and maintain equipment (hardware and/or software) and ability to lead meetings in a remote (as opposed to in-person) setting and take reasonable steps to ensure that all private information remains private and secure while leading meetings in a remote setting.
k. Accept at least 30% of all engagement requests per state fiscal year.
l. Respond to engagement requests within 24 hours.
m. Possess a laptop and portable printer to allow for instant document creation and/or printing at meetings.
n. Maintain an active email account throughout the course of the Program.
o. Limit billable preparation time to no more than two (2) hours per engagement, unless given prior approval from the MDE Project Manager.
p. Limit billable “closeout” time to no more than one (1) hour per engagement, unless given prior approval from the MDE Project Manager.
q. Comply with Rule 114 of the Minnesota General Rules of Practice for the District Courts and the Code of Ethics.
NOTE: Duties will not include providing legal services to the State within the meaning of Minnesota Statutes section 8.06.
Rev. 07.01.2025, MDE CON-2201 Page 8 of 15
SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION
Anticipated Contract Term.
The term of this Master Contract Program is anticipated to be through June 30, 2027, with the option to extend up to an additional two years in increments determined by MDE.
Question and Answer Instructions.
Prospective responders who have any questions regarding this RFP may email the contact below:
Jennifer Fleckner, SPA-Principal Minnesota Department of Education Jennifer.Fleckner@state.mn.us
The subject line of the email should state “ADR RFP Questions”, and the email should include applicable contact information.
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.
Questions will be answered via an addendum posted to the Statewide Integrated Financial Tools (SWIFT) Strategic Sourcing event no later than Thursday August 20, 2026, by 12:00 p.m. CST.
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, which includes staff with APEX Accelerator, 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.
Program Administration This solicitation will result in multiple master contract awards to qualified responders that provide the services requested in this RFP. The successful responders will be placed on a roster of pre-qualified contractors for the Program.
The issuance of a master contract does not guarantee work under this Program. MDE will issue work based on a random rotational basis based on MDE’s needs.
For each engagement or case assignment, MDE will send an email detailing the specific case assignment which sets forth pertinent information about the engagement. Prior to the commencement of work, the contractor and MDE will enter into a Professional Technical Work Order Contract that details the project tasks, including duties and cost.
No work is authorized to proceed under this Program in the absence of a fully executed work order contract. The issuance of a master contract does not guarantee work under this Program.
To assure all the goals and expectations of the Program are met, MDE will regularly monitor and evaluate the Program and its contractors. Contractors regularly failing to meet minimum standards may be removed from the Program.
MDE reserves the right to make changes to its administrative procedures as the Program evolves.
mailto:Jennifer.Fleckner@state.mn.us
Rev. 07.01.2025, MDE CON-2201 Page 9 of 15
MDE reserves the right to reopen this solicitation and add additional contractors to the Program. Any additions to the Program will be based on the same criteria as detailed in this RFP.
Rev. 07.01.2025, MDE CON-2201 Page 10 of 15
SECTION 4 – PROPOSAL CONTENT
Responders must submit the following information as part of the technical proposal:
1. Technical Proposal.
a. Contact Information.
i. Individual/Business’ Full Legal Name:
ii. Business Address:
iii. Contact Person’s Name:
iv. Telephone Number:
v. Fax Number:
vi. Email Address:
b. Qualifications/Experience of Personnel Working on the Project. Responders are requested to provide straightforward and concise descriptions of their ability to perform the tasks identified under the “Sample Tasks” in Section 2 - Summary of Scope. Please provide detailed information on your qualifications and experience in providing the requested services. Expand as necessary.
i. Minimum Qualifications. Please include documentation or a description of the following minimum qualifications.
1. No less than 200 hours of mediation experience; and
2. Listed as a qualified neutral under Rule 114 of the Minnesota General Rules of Practice for the District
Courts.
ii. Desired Qualifications. Please include documentation or a description of the following desired qualifications.
1. More than 200 hours of mediation experience;
2. Bachelor’s degree;
3. Advanced degree; and
4. Special education mediation experience.
iii. Describe your qualifications as a special education mediator. Include any relevant training and education, including course topics, dates of training received and number of hours.
iv. Describe any work experience in a related field such as advocate, educator, special education director, special education coordinator, or school district administrator.
c. Approach to Work. Describe your approach to special education mediation including your style (facilitative, evaluative, transformative), goals (reaching agreement, repairing relationships, skill building), and philosophy (interest-based, distributive bargaining, humanistic), etc.
2. Cost Proposal.
Complete and submit Attachment C, “Cost Proposal,” that is attached to this solicitation. Provide one (1) copy of the Cost Proposal in a separate document. The Cost Proposal must be submitted as a separate document(s), using the format provided in Attachment C – Cost Proposal.
Responders should list their maximum hourly rate for providing the requested service and a separate hourly rate for round trip travel time to the engagement. The two (2) hourly rates will reflect the maximum amount a responder would charge for work under this Program. Dependent upon the complexity of the engagement, responders can charge a rate below the maximum rate indicated in their response, but will not be allowed to charge above the maximum rate listed.
Rev. 07.01.2025, MDE CON-2201 Page 11 of 15
The maximum hourly rate should include any and all applicable travel expenses, which would include meals, hotel costs, etc. when traveling. Travel expenses should not be separated from the maximum hourly rate.
Travel time begins when the contractor leaves their home office or the engagement and ends when they arrive at the engagement or home office. When travel time is less than 1 hour, travel time will be prorated by 15 minute increments.
The contractor will not be reimbursed for mileage or other travel-related expenses like meals or hotel reimbursement.
The contractor should include all travel related expenses in their maximum hourly rate.
Travel related to MDE mandatory training (as described in Section 2 - Summary of Scope under item 1.i.), will be reimbursed as follows: MDE will only reimburse a contractor for travel time if contractor must travel more than 60 miles round trip to attend the training.
Responders should consider the cost of travel related expenses and the cost of insurance premium(s) in their cost proposal maximum hourly rate. Responders should carefully review the insurance options listed under the Sample Master Contract and Work Order Contract Exhibit B: Insurance Requirements under clause 4. The Responder should detail any exceptions to either the Sample Master Contract and/or Sample Work Order Contract in the Solicitation Attachments Attachment B: Exceptions to State’s Terms and Conditions document, which would include any requests to change the insurance requirements.
Submit all requested documentation with the completed technical proposal, 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. Veteran-Owned Preference Form (If Applicable)
b. 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).
Rev. 07.01.2025, MDE CON-2201 Page 12 of 15
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)
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:
• Proposals must be received on or before the Event End Date and time specified in the SWIFT Event Details applicable to this RFP;
• Responder must have no less than 200 hours of mediation experience; and
• Responder must be listed as a qualified neutral under Rule 114 of the Minnesota General Rules of Practice for the District Courts.
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. Qualifications and Experience 500 points
2. Approach to Work 200 points
3. Cost Detail 300 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 31, 2026.
Rev. 07.01.2025, MDE CON-2201 Page 13 of 15
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
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.
Rev. 07.01.2025, MDE CON-2201 Page 14 of 15
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
9.1 Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37.
9.2 In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the State in favor of the party requesting the data, and any and all costs connected with that defense.
9.3 The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.
9.4 A responder may present and discuss trade secret information during an interview or demonstration with the State, if applicable.
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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.
Sample Contract Responders should be aware of the State’s standard contract terms and conditions in preparing your response. A sample State of Minnesota Professional/Technical Services Master Contract and sample Work Order Contract are attached for your reference. Much of the language reflected in the contract is required by statute. If you take exception to any of the terms, insurance requirements, conditions or language in the contract, you must indicate those exceptions in your response to the RFP; certain exceptions may result in your proposal being disqualified from further review and evaluation. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.
https://mn.gov/admin/business/vendor-info/oep/
| 1. Procurement Overview and Goals. |
| 2. Sample Tasks and Deliverables. |
| 1. Anticipated Contract Term. |
| 2. Question and Answer Instructions. |
| 3. Program Administration |
| 1. Phase 1 – Responsiveness and Pass/Fail Requirements |
| 2. Phase 2 - Evaluate Responses |
| 3. Phase 3 - Select Finalist(s) |
| 1. Competition in Responding |
| 2. Addenda to the Solicitation |
| 3. Data Security - Foreign Outsourcing of Work is Prohibited |
| 4. Joint Ventures |
| 5. Withdrawing Response |
| 6. Rights Reserved |
| 7. Samples and Demonstrations |
| 8. Responses are Nonpublic during Evaluation Process |
| 9. Trade Secret Information |
| 9.1 Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37. |
| 9.2 In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the Stat... |
| 9.3 The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37. |
| 9.4 A responder may present and discuss trade secret information during an interview or demonstration with the State, if applicable. |
| 10. Conditions of Offer |
| 11. Award |
| 12. Requirements Prior to Contract Execution |
| 13. Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference |
| 14. Sample Contract |
File details come from the government source that posted it. Updated .