MMCAP Infuse RFP Pharmacy_related_supplies_final.pdf

State of Minnesota

MMCAP INFUSE, OFFICE OF STATE

PROCUREMENT

Request for Proposals (RFP)

For Pharmacy Related Supplies

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

Minnesota’s Commitment to Diversity and Inclusion

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

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

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

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

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

• Step 1: Read the solicitation document and ask questions, if any

• Step 2: Write your response

• Step 3: Sign and submit your response

Incomplete Submittals

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

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

How to Ask Questions

• Questions must be emailed to MMCAP_Infuse.RFP@state.mn.us by November 27, 2023 at 2 pm Central Time.

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

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

STEP 2 – WRITE YOUR RESPONSE

Documents required for a complete proposal

Section 2.7: Alterations or Additions to the State’s General Terms (signature required) Section 3:

� Vendor Response and Proposal � Exhibit G: References (submitted in PDF) � Reporting and Administrative Fees

Section 4:

� Exhibit E: Cost Proposal (submitted in the provided Cost Proposal excel document entitled “Exhibit E: Cost Proposal”) with Additional Offerings (if applicable)

Section 5:

� Exhibit A and Section 2.7: Alterations or Additions to the State’s General Terms

(signature required) � Exhibit A2: Sample Agreement and Standard Contract Sample Exceptions

(submitted in Microsoft Word with “Track Changes” enabled) � Exhibit B: Certification Regarding Lobbying (submitted in PDF) � Exhibit C: Workforce Certificate Form (submitted in PDF) � Required business applications or forms to do business with Responder

(submitted in PDF) � If applicable, Exhibit D: Veteran Owned Preference (submitted in PDF)

STEP 3 – SIGN & SUBMIT YOUR RESPONSE

Where to Send Responses

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

• Email your responses to MMCAP_Infuse.RFP@state.mn.us with

• “[Company Name] Pharmacy Supplies RFP Response” in the Subject line. If your email is larger than the maximum allowed size, send your response in multiple emails. Use “[Company Name] Pharmacy Supplies RFP Response Part [#] of [#]” in the Subject line.

• Mailed responses will not be accepted

• Faxed responses will not be accepted

Response Submission Deadline

Must be received no later than November 30, 2023 at 2PM Central Time as indicated by a notation made by the email timestamp. Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the Responder.

mailto:MMCAP_Infuse.RFP@state.mn.us

SECTION 2 – RFP PROJECT INFORMATION

1. Description of Project

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

MMCAP Infuse Members are state agencies and political subdivisions throughout the United States. For more information on MMCAP Infuse and its Membership, visit www.infuse-mn.gov (Members or Membership).

Membership is available to government-operated facilities, and the extent to which a Member participates in the program is voluntary. Members can include but are not limited to the following classes of trade: correctional facilities, psychiatric treatment facilities, student health services, public health services, nursing homes, and public hospitals and clinics. One single contract with MMCAP Infuse may eliminate the need for companies to respond to individual facility solicitations that often result in many individual contracts to manage.

MMCAP Infuse is issuing this Request for Proposal (RFP) to establish contract(s) with qualified national suppliers that will provide pharmacy supplies. This Request for Proposal (RFP) is seeking supply products related to the efficient, safe, and lawful operation of a pharmacy.

Examples of items sought include:

• Cold seal blister cards and corresponding equipment

• Heat seal blister cards and corresponding equipment

• Pharmaceutical compounding equipment

• Flavoring agents

• Counting trays and/or spatulas

• Label printers and accessories

• Pill splitters

• Pill crushers

• Medication cups

• Medicine droppers and/or spoons

• Medication organizers

• Labels, leaflets, and/or logbooks

• Plastic chemotherapy, light protected, colored, clear, tamper evident, hazardous, and/or biohazard bags

• Paper prescription dispensing bags

• Temperature monitoring and notification devices

• Auxiliary/warning labels, expiration date guns, and/or error prevention products

• Scanning devices

• Pharmacy shelving, bins, and/or behind the counter storage solutions

• Storage and/or retrieval solutions for front end prescription pick-up

Items that are NOT being sought as stand-alone offerings through this RFP, but may be part of a larger contract award already in place or other programs being planned:

• Automated dispensing cabinets

• Electronic medical record

• Pharmacy dispensing software

• Clinical information systems http://www.infuse-mn.gov/

• Prescription medications or OTC products

• Medical supplies or personal protective equipment

• Prescription copay assistance cards or programs

• Pharmacy Services Administrative Organization (PSAO)

2. Desired Skills and Tasks

A successful Responder should have the following skills and abilities:

A. Identify MMCAP Infuse Members at account set-up and transition current Members with existing accounts to an MMCAP Infuse agreement by attaching them to contract pricing.

B. Manage existing supplier relationships with a wide range of pharmacy supply vendors.

C. Stock products at the MMCAP Infuse pharmaceutical authorized wholesalers (currently

AmerisourceBergen, Cardinal Health, and Morris & Dickson) with the ability for Members to purchase indirectly and for the Responder to perform chargebacks to the contracted price.

D. Offer passthrough billing through the MMCAP Infuse authorized wholesalers if the Responder’s products are not indirectly purchased and distributed through the wholesaler channels.

E. Provide a reliable mechanism of order placement if products are not available through the MMCAP Infuse authorized wholesalers.

F. Maintain sufficient inventory to meet foreseeable demand.

G. Communicate with Members and facilitate delivery and/or installation.

H. Accommodate flexible payment terms realizing the complexity of government operations.

I. Provide ongoing support and account management for Members with regards to service, returns, or recalls J. Provide thorough monthly reporting of sales data and contract usage to MMCAP Infuse for administrative fee processing and reporting to Members, as set forth in Article 8.2 (Reporting) in the Sample Agreement (Exhibit A2).

K. Uphold a strong understanding of the pharmacy supply distribution industry with a detailed understanding of government facilities’ procurement procedures to assist in the success of resulting contracts.

All proposed products must be available in the marketplace at the start of the potential agreement.

Products that are awarded by MMCAP Infuse that are in the marketplace, but not currently stocked with the authorized wholesalers, must be available for distribution to facilities by the start of the potential agreement. If the product is not available by the effective date of the agreement, MMCAP Infuse reserves the right to cancel the award and award the product to the next Responder providing the best value.

Responders are encouraged to propose additional products/services that may improve the results of this project.

The proposed additional products/services, along with their associated cost, must be provided in the Cost Proposal on the second tab, entitled Additional Offerings.

3. Agreement Duration

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

4. Minimum Qualifications Required (Pass/Fail)

• Responders must:

i. Have been in business for five (5) years or

ii. Demonstrate exceptional experience in a relevant line of business being sought from this RFP by confirming a minimum of three (3) group purchasing organizations or federal government contracts.

• Responder must be able to provide at least five (5) of the items listed in Section 2.1 under “Examples of items sought” in this RFP.

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

• Responders must include applicable documents to make a complete proposal, as listed in Section

1, Step 3.

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

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

Factors Percentage

Experience & Background, References (Exhibit G) 10%

Product Offering and Regulatory Requirements 20%

Customer Service, Ordering, Invoicing, Shipping, Delivery, Returns 20%

Reporting and Data 15% Administrative Fee 5% Cost Proposal 30%

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

• 12% Minnesota Certified Targeted Group/Economically Disadvantaged Preference

• 12% Veteran-owned Preference

• Minnesota Resident Vendor Preference

Responses will be evaluated by a team of MMCAP Infuse staff, MMCAP Infuse advisory board members, and/or Members. Each evaluator will read all proposals that have passed all the minimum qualifications. MMCAP Infuse reserves the right to require a demonstration of capabilities and/or ordering systems via in-person meetings, webinar, or other such mechanism.

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

6. MMCAP Infuse Rights Reserved

• Reject any and all responses received;

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

• Negotiate with the highest scoring Responder[s];

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

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

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

• Request additional information; and

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

7. Alterations or Additions to the State’s General Terms and Sample Agreement If you wish to take an exception to the State’s General Terms (see Exhibit A) and Sample Agreement and Standard Contract Sample Exceptions (see Exhibit A2), please indicate that below and attach any appropriate documentation.

☐None

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

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

Signature: ____________________________________________________

Printed Name: _________________________________________________

Title: ________________________________

Date:________________________________

SECTION 3 – VENDOR RESPONSE AND PROPOSAL

INSTRUCTIONS: Fill in the information requested below as an in-line response or through a separate document with appropriate titles for each section. Responses must include all items listed in Section 1 of this RFP or your response may be rejected.

1. Responder’s Contact Information

Company’s Full Legal Name:

Business Address:

Company Website:

Company’s Main Phone Number

Federal Employer Identification Number:

Primary Contact Person’s Name:

Title:

Telephone Number:

E-Mail Address:

Alternate Contact Person:

Title:

Telephone Number:

E-Mail Address:

Admin Fee Contact Person:

Telephone Number:

E-Mail Address:

Membership Contact Person:

Telephone Number:

E-Mail Address:

2. Pass/Fail Criteria Does Responder comply with each term?

Yes No Term Responders must (check one or both):

� Have been in business for five (5) years or � Demonstrate exceptional experience in a relevant line of business being sought from this RFP by confirming a minimum of three (3) group purchasing organization or federal government contracts.

Responder can provide at least five (5) of the items on the list of items sought from this RFP, listed in Section 2.1 of this RFP

Responders’ proposals must be received on or before the due date and time specified in this RFP

Responders must include all applicable items listed in Section 1, Step 3 by an in-line response or separate document

Responders that have not completed each section may not be considered.

Responder should provide detailed information regarding the following:

Experience and Background

1) Provide a brief company history, length of time the Responder has been in business, and location of the corporate office. How are these of value to the Members?

2) Describe the full portfolio of services offered by Responder.

3) Describe the financial status and current economic conditions of the Responder.

4) Provide details on Responder’s ability to provide products indicated in this RFP.

5) Describe any current or past experience that the Responder has or has had with government agencies or government contracts.

References – Exhibit G

6) Responder must be able to demonstrate that within the past 3 years it has supplied pharmacy supplies/sundries related to the efficient, safe, and lawful, and efficient operation of a pharmacy to institutions or corporations of a similar scope as MMCAP Infuse Members. List names, addresses, telephone numbers, and email addresses of two references for which Responder has provided products that are solicited in this RFP and label the document as Exhibit G. References may be contacted by MMCAP Infuse staff during the evaluation process.

Product Offering

7) Describe the process Responder utilizes to contract with other manufacturers to distribute their products Responder does not manufacture itself. What quality and product supply reliability metrics are utilized?

8) Describe how Responder’s packaging and Products are engineered to reduce waste or incorporate recycled material.

a. Indicate which, if any, of Responder’s Products are made of recycled material.

b. Indicate which, if any, of Responder’s Products are recyclable.

9) Describe how any of Responder’s Products are designed to assist patients with disabilities and how they provide ease of use for this patient population.

10) Describe how Responder’s Products may assist to increasing patient medication adherence.

11) Describe any shortages or difficulties with supply Responder has experienced in the last 12 months.

What steps have been taken to mitigate similar situations in the future?

a. How and when are shortages communicated to customers?

12) Describe any qualities that make Responder’s products unique or different from competitors’ products.

13) Identify the types of items the Responder is willing to provide by placing an X in the corresponding Yes or No fields below:

Product Category Yes No Cold seal blister cards and corresponding equipment

Heat seal blister cards and corresponding equipment

Pharmaceutical compounding equipment

Flavoring agents

Counting trays and/or spatulas

Label printers and accessories

Pill splitters

Pill crushers

Medication cups

Medicine droppers and/or spoons

Medication organizers

Labels, leaflets, logbooks

Plastic chemotherapy, light protected, colored, clear, tamper resistant, hazardous, and/or biohazard bags

Paper prescription dispensing bags

Temperature monitoring and notification devices

Auxiliary/warning labels, expiration date guns, and/or error prevention products

Scanning devices Pharmacy shelving, bins, and/or behind the counter storage solutions

Storage and/or retrieval solutions for front end prescription pick up

Regulatory Requirements

14) Describe Responder’s quality control process with its own distribution center, manufacturing locations, and sub-contracted manufacturing locations.

15) Describe how regulatory or quality control issues (including recalls) will be communicated to MMCAP Infuse and its Members to ensure all parties are kept informed of changes that may affect them.

Customer Service

16) Where is Responder’s customer service center and warehouse facility located?

a) List your customer service center’s operational hours. Indicate if the hours account for all U.S.

time zones including Alaska and Hawaii.

b) Describe how Responder’s customer service team has the capability, training, and experience to respond to inquiries.

c) When will customer service issues be escalated?

17) Explain Responder’s dispute resolution process.

18) Explain Responder’s onboarding process for new customers and include all forms Members must complete to order directly or indirectly from the Responder.

19) Describe how Responder would ensure Members are appropriately attached or MMCAP Infuse for thorough reporting and correct contract pricing.

20) Describe how Responder would support the transition of Members who have an existing relationship with Responder to the MMCAP Infuse agreement (i.e., attaching the Member to contract pricing).

21) How would Responder work collaboratively with MMCAP Infuse to inform Members of a resulting agreement to grow sales? What are Responder’s expectations of MMCAP Infuse?

Ordering, Invoicing, Shipping, Delivery, Returns

22) Members need a mechanism to compare like products within the catalog. Are your products identified by a UPC, SKU, and/or NDC? Describe any other organizational system to search for and compare available products.

23) MMCAP Infuse Members have accounts with AmerisourceBergen, Cardinal Health, or Morris & Dickson, depending on the State. Does Responder offer shipment or pass-through billing services through any of these distributors to reduce the number of vendors that MMCAP Infuse Members need to utilize? Are there any product limitations?

24) Describe how Responder will communicate with authorized wholesalers to ensure MMCAP Infuse contracted products are available for Members to purchase via wholesaler ordering portals at the contracted price. Please note if this is not applicable to Responder.

25) If Responder offers direct purchases, list the methods of placing direct orders (e.g. phone, fax, online orders, etc.). What is the order cut off time? Does Responder have interfaces to any eProcurement systems for punch-out ordering? If so, which ones?

26) Indicate if Responder accepts checks, EFT/ACH, Purchasing Cards, and/or Credit Cards for direct order placement and payment. Identify if any additional fees would be invoiced for such purchases (y/n). If additional fees apply, enter specifics in the Cost Proposal (Exhibit E). What are Responder’s standard payment terms?

27) Provide a delivery timeline for a member and note if there are any product exclusions or exceptions to this timeline? What common courier does Responder utilize? Identify and describe any order minimum requirements for direct purchases. Is shipping included when certain minimums are met?

28) Describe any incentives for larger, centralized ordering available to a group of Members, if available.

For example, if Members in a given State ordered products to a single warehouse for further distribution, is there a benefit to certain bulk orders?

29) Provide the Responder’s return policy.

Reporting and Data

30) Responders must adhere to MMCAP Infuse sales data requirements as shown in the Example

Agreement in Article 8.2, (Reporting). Please describe how Responder plans to implement any changes required to their internal data reporting processes to meet these requirements.

Administrative Fees

31) Will the responder offer a 3% administrative fee on sales and adhere to Article 8.1 in the Sample Agreement? If not, please explain.

SECTION 4 – COST PROPOSAL – EXHIBIT E

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

Responder must submit a cost proposal that details the proposed cost structure to Members. Responders should submit pricing in the Excel document provided with this RFP entitled Exhibit E – Cost Proposal. If the pricing basis, as outlined in Articles 1.2-1.4 Pricing Structure, in the sample agreement (Exhibit A2) is not clearly indicated, MMCAP Infuse will assume the prices are fixed and the contract will be written accordingly.

IMPORTANT:

Please provide as much product information as possible in the in your Cost Proposal. For example, some MMCAP Infuse Members’ patients are not permitted to have products that contain metal or glass. Additional examples of information that would be helpful to include are latex content, patient safety features, color, etc.

Providing additional product information allows MMCAP Infuse to make informed decisions -- which may result in additional product awards for the Responder. Throughout the contract, consideration may be given for price adjustments where there has been a significant change in packaging materials or shipping. MMCAP Infuse requires documentation of price increases at least 30 days in advance of actual increase. Such changes may require an amendment to the Agreement.

MMCAP Infuse encourages Responders to include other additional product or service offerings that may be of value to our members. If applicable, include additional offerings and pricing for additional offerings in Exhibit E – Cost Proposal on the second tab entitled “Additional Offerings”.

Product Information:

MMCAP Infuse will determine if the Products submitted by the Respondents meet the specifications of this RFP. The conclusions from MMCAP Infuse are final.

• Identify products by a UPCs, SKUs, Ordering Numbers, Product Numbers, and/or NDCs. Describe any other organizational system of products available. In the event Responder wishes to include any additional products in its proposal, it must list these products in Exhibit F.

• Depending on the distribution method, upon award, an 11-digit NDC number, product code and/or UPC must be reported to the MMCAP Infuse authorized pharmaceutical wholesalers for tracking purposes.

The NDC should be submitted to the authorized wholesalers as it is reported to MMCAP Infuse:

o If the product does not have an NDC number, use the product’s UPC number to create an 11-digit number by adding a zero to the sixth position (e.g., 5-5 [99999-99999] becomes 5-4-2 [99999-0999-99]).

o If the product does not have an NDC number or a UPC code, use the product number with leading zeroes (e.g., product #90024 = 00000-0900-24 for a 5-4-2 format).

• All requested information in Responders’ Cost Proposal should be provided to the best of Responders’ ability

SECTION 5 – RESPONDER CERTIFICATIONS

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

1. Required

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

☐ I have COMPLETED and ATTACHED:

☐ Exhibit B - Certification Regarding Lobbying.

☐ Exhibit C - Workforce Certificate

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

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

☐ That the contents of the proposal have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the proposals.

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

2. If Applicable

☐ I am a certified veteran-owned business, in accordance with Minn. Stat. § 16C.16, subd. 6a and § 16C.19 (d). Please Complete Exhibit D

By signing here, I warrant that the information provided in this proposal is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from contract award and may subject me/my company to suspension or debarment proceedings, as well as other remedies available to the State, by law.

Signature Title Date

EXHIBIT A

General Requirements

Conflicts of Interest

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

Organizational Conflicts of Interest

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

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

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

Proposal Contents The information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law.

Responses are Nonpublic during Evaluation Process

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

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

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

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

Administrative Fee In consideration for the administrative support and other services provided by MMCAP Infuse, the Responder agrees to pay an Administrative Fee of three percent (3%) on all purchases of products and services.

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

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

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned businesses will receive points equal to 6% percent of the total points available as preference.

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

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

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

Non-Collusion Certification.

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

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

Certification Regarding Lobbying

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

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

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

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

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

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

Exhibit A2 Sample Agreement and Standard Contract Sample Exceptions

EXHIBIT B

CERTIFICATION REGARDING LOBBYING

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

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

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

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

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

Organization Name

Name and Title of Official Signing for Organization

By:_______________________________________ Signature of Official

Date

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

Workforce and Equal Pay Declaration Page

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

Select one:

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

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

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

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

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________

☐ Equal Pay Certificate under the name: __________________________________________________________

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

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

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

We have not applied for one or both certificates:

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

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

We are Exempt:

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

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

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

Administration/MMCAP Infuse

(If applicable)

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

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

EXHIBIT C

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

EXHIBIT D

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the state will award a 6% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

Veteran-Owned Preference Requirements - See Minn. Stat. § 16C.19(d):

1) The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

2) The principal place of business is in Minnesota AND the United States Department of Veterans Affairs verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74 (Supported By Documentation).

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference.

Claim the Preference

By signing below, I confirm that:

My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. By making this claim, I verify that:

• The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business.

or

• My company’s principal place of business is in Minnesota and the United States Department of Veteran’s Affairs verifies my company as being a veteran-owned or service-disabled veteran-owned small business (Supported By Attached Documentation)

Name of Company: _____________________________ Date: _________________________

Authorized Signature: _____________________________ Telephone: ___________________

Printed Name: _____________________________ Title: _______________________

Attach documentation, sign, and return this form with your solicitation response to claim the veteran-owned preference.