MMS20250002 Pharmacy_automation_solutions_and_supplies_rfp.pdf

State of Minnesota

MMCAP INFUSE

OFFICE OF STATE PROCUREMENT

REQUEST FOR PROPOSAL

for

PHARMACY AUTOMATION SOLUTIONS AND

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.

Request for Proposals (RFP) for

PHARMACY AUTOMATION SOLUTIONS AND SUPPLIES

RFP Release date Cutoff Date for Questions Proposal Due Date Contract Effective Date

January 17, 2025 January 31, 2025, 2 pm Central Time February 28, 2025, 2 pm Central time Negotiable

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 January 31, 2025 at 2pm 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

Request for Proposals

(RFP)

In Section 3, insert your response to the questions as asked or provide content as requested.

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

STEP 3 – SIGN & SUBMIT YOUR RESPONSE

Documents making up a complete proposal

Section 2: signed RFP Project Information (Microsoft Word or PDF) Section 3:

o Vendor Contact Information o Pass/Fail Criteria o Responder Questions o Exhibit E: Solution Information Sheets one copy for each solution/product family you are proposing (Submit in Microsoft Word or PDF) o Standard Terms of Service or any Required Forms to do business with

Responder, if applicable (submitted in PDF) Section 4:

o Exhibit F: Cost Proposal (submitted in the Cost Proposal Worksheet and separate from RFP Response) (submit in Microsoft Excel or PDF)

Section 5:

o Responder Certifications Acknowledgment o Exhibit A: State’s Contract Sample (read and acknowledgement in

Section 2.7 of the RFP document) o Exhibit B: signed Certification Regarding Lobbying (submit in PDF) o Exhibit C: signed Workforce and Equal Pay Declaration Page (submit in

PDF)

o If applicable, signed Exhibit D, Veteran Owned Preference (submit in

PDF)

Where to Send Responses

Email your responses to MMCAP_Infuse.RFP@state.mn.us with “[Company Name] Rx Automation 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] Rx Automation RFP Response Part [#] of [#]” in the Subject line.

Mailed or Faxed responses will not be accepted.

Response Submission Deadline

Must be received no later than February 28, 2025 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.

SECTION 2 – RFP PROJECT INFORMATION

1. Overview and Goals.

MMCAP Infuse (MMCAP Infuse) is a governmental cooperative serving tens of 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 (Members) are state agencies and political subdivisions throughout the United States.

Membership is available to government-operated facilities through Joint Powers Agreements between the State of Minnesota and procurement offices in each state. 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, public nursing homes, and public hospitals. For more information on MMCAP Infuse, visit www.infuse-mn.gov.

MMCAP Infuse Members are state and local government facilities in all 50 states. The MMCAP Infuse pharmacy program involves over 4,000 Members nationwide purchasing medications in a given month to operate their pharmacies and healthcare facilities. Member facilities can range from very small operations to large, complex systems with a central pharmacy and satellite nursing/med room locations within a given state.

MMCAP Infuse is a government-to-government resource where smaller facilities can use cooperative contracts solicited by professionals in the field, employee networking and idea-sharing. One single contract made with MMCAP Infuse may eliminate the need for companies to respond to individual facility solicitations and manage dozens of individual contracts.

This RFP is seeking products, equipment, and maintenance services related to the safe, lawful, and efficient operation of a pharmacy. It is also seeking solutions for off-site storage, vending, and/or dispensing of prescription or over-the-counter medication. These products may range from shelving to highly complex robotics that interface with pharmacy systems. To best assess the wide range of product categories (Product Categories), please answer the prompts in Section 3 for your company as a whole and then complete an Exhibit E: Solution information sheet for each category proposed.

It is anticipated that MMCAP Infuse will enter into purchasing agreements for up to 5 years in length in increments determined by MMCAP Infuse with the possibility of an additional 5 years for agreements with service options.

These agreements will serve as base contracts and may also enable individual MMCAP Infuse Members to enter into facility-specific purchase agreements or software licensing agreements. MMCAP Infuse has had 3 contracts in place in Categories 1 and 3 with total sales in the program at about $1 Million in a given year. We are looking to expand our offerings to other product categories that will help a broad range of our membership.

Product Categories:

Machinery Category 1: Repackaging machines (blister cards, foil unit dose, adherence pouches, etc.)

Category 2: Vial Filling Machines Category 3: Automated Dispensing Cabinets Category 4: Tabletop Tablet Repackaging Machines Category 5: Tablet Counting Machines Category 6: Medication and Medical Supply Vending Machines Category 7: Prescription Pick-up Kiosks Category 8: Other Machinery, unspecified Stockkeeping and Supplies – as related to other automation Category 9: Shelving and Bins – pick-to-light systems, non-electronic shelving and bins, will-call bags Category 10: Storage and Retrieval Systems – automated carousels Category 11: Tablet Splitters and Crushers

Category 12: Heat or Cold Seal blister card systems (trays, rollers, presses) Category 13: Consumables for automation – labels, ink/toner, cards, blisters, etc.

Category 14: Dispensing/Compounding Equipment – counting trays, mortar and pestle, capsule filling trays, etc.

Category 15: Refrigeration, Temperature, or Environmental Monitoring Category 16: Other Supplies, unspecified Services Category 17: Barcoding software Category 18: Parts and Maintenance for Machinery Category 19: Other services relating to automation and supplies

MMCAP Infuse is not seeking proposals specifically relating to:

• Prescription Vials

• Electronic medical record systems

• Stand-alone pharmacy dispensing software

• Clinical information systems

MMCAP Infuse is issuing this Request for Proposal (RFP) to establish multiple contracts with qualified national suppliers that will provide these technologies and products to Members. MMCAP Infuse Members have diverse needs and therefore individual facilities may elect to use one, several, or none of our contracted suppliers.

MMCAP Infuse currently has pharmaceutical manufacturer, pharmaceutical wholesaler, prescription vials, and medical supplies distribution contracts in place which are not being solicited through this RFP.

2. Sample Tasks The following is a brief overview of expected tasks of a successful vendor. MMCAP Infuse expects each Responder to have mechanisms in place to perform each of these functions. Responders should address their abilities to achieve these sample tasks throughout Responder’s answers to the questions in Section 3.

A. Be able to identify MMCAP Infuse Members at account set-up or transition MMCAP Infuse Members with existing accounts and attach them to MMCAP Infuse contract pricing, if elected

B. Provide a reliable and responsive sales team C. Administer a transparent and simple mechanism of order placement D. Maintain sufficient inventory to meet foreseeable demand, if not custom-built E. Adequately communicate and accommodate delivery, installation, or service with facility staff F. Possess technical expertise (or refer Members to an expert) for product interfacing, optimization, maintenance, repair, or replacement G. Accommodate flexible payment terms realizing the complexity of government operations H. Provide ongoing support and account management for Members with regards to returns or recalls I. Report accurate contract usage to MMCAP Infuse for reporting and administrative fee processing and reporting to Members; if applicable

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 separated from the RFP-required proposal items on the Responder’s cost proposal.

3. Desired Experience / Skills Responders with a strong understanding of the pharmacy supply distribution industry are desired. A detailed understanding of government facilities’ procurement methods will assist in the success of resulting contract(s).

4. Minimum Qualifications Required (Pass/Fail) Responder must propose a solution that fits in Product Category 1 through 7.

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 Evaluation Points

Available Responder Questions (Section 3) 400 Solution Information Sheets 200 Cost Proposal 400

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 (see Exhibit D)

• Minnesota Resident Vendor Preference

Responses will be evaluated by a team of MMCAP Infuse staff, MMCAP Infuse advisory board members, and/or staff from Member locations. 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 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.

7. Alterations or Additions to the State’s Sample Agreement If you wish to take an exception to the State’s General Requirements (see Exhibit A), please indicate that below and attach any appropriate documentation. The Scope of Work in an agreement will need to be negotiated upon contract award based upon Responder’s offering.

☐None

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

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

Signature: ____________________________________________________ Printed Name: _________________________________________________ Title: ________________________________ Date:________________________________

SECTION 3 – VENDOR RESPONSE

INSTRUCTIONS: Fill in the information requested below.

1. Responder’s Contact Information

Company’s Full Legal Name:

Business Address:

Company Website:

Federal Employer Identification Number:

Primary Contact Person’s Name:

Title:

Telephone Number:

E-Mail Address:

Alternate Contact Person:

Title:

Admin Fee Contact Person:

Membership Contact Person:

E-Mail Address:

2. Pass/Fail Criteria

Does Responder comply with each term?

Yes No Term Responder has proposed at least one solution that fits in Product Category 1-7

Responders that have not completed this page will not be further considered.

3. Responder Questions

It is encouraged for Responders to exercise restraint and be concise. Each question shall be included along with the response to each reviewer. Responses to the technical questions will be limited to thirty (30) pages, using at least ten (10) point commonly utilized font. Responses that exceed the thirty (30) page limit may not be scored.

However, Responders should strive to provide all their answers using twenty (20) pages or less. Any links provided in response to the Responder Questions will not be considered in evaluations. The standard agreement requested in in response to question number 15 will not count toward page totals. All documents referenced in your response must be submitted with the proposal to be considered.

A. Experience and Background

1) Provide a brief company history indicating length of time Responder has been in business, any previous business names Responder has operated under, and any ancillary areas of business Responder currently has.

2) Summarize your company in terms of company structure, ownership interests, number of employees, and relevant economic conditions (recent expansion or downsizing).

3) Describe Responder’s experience working with and selling to government facilities. Have government facilities needed anything different than your other customers?

4) What role do you see a buying group or a GPO having in sales of your product? Please characterize any existing buying group relationships.

5) Describe licensing, registrations, or any other compliance measure that Responder maintains in order to maintain continuous compliance with state and national regulations (USP 795/797/800, HIPAA, Network Security, etc., as applicable). Why is continuous compliance important?

6) Describe any certifications currently held from other entities where Responder’s offerings are certified to be in full compliance with another business’s products/services (e.g. certified installer/servicer of ____ equipment).

B. Business Operations

7) Provide an overview of Responder’s supply chain. What aspects are located within the United

States? Please give additional detail on any activity that happens outside of the United States.

What redundancies have been put in place to address global supply chain concerns?

8) Describe Responder’s process for developing new products or service offerings. What are some recent achievements?

9) Describe Responder’s process for sunsetting a product or product line. How are customers notified? What timelines or usability guarantees are available without Responder’s continued support of that specific product?

10) How are product orders accepted (Phone/fax/email/web portal)? How quickly is product shipped after order receipt?

11) What are your proposed payment terms? Who, if any, are your financing partners for lease arrangements? Do you require a credit application for customers? Please only note the existence of prompt payment, bundling, or other discounts. Details must go in the Cost Proposal (Exhibit F)

C. Customer Service

12) Describe any product quality, performance, or satisfaction guarantees from a customer service standpoint. Do your products come with a warranty?

13) Describe an instance where your company has entered into a contract and managed a list of eligible accounts within that contract. How do you proceed if a prospective buyer is not listed on the membership roster?

14) If a service/maintenance agreement is offered for a product, what expectations are in place for responsiveness? What are phone/email service hours and when can a technician be expected?

What type of after-hours support is available?

15) Do you require a service agreement to be signed by the customer? Any ongoing software or licensing subscriptions? If so, how often is this agreement updated? Are the terms negotiable for government entities? Please also provide a Microsoft Word copy of your standard agreement per Item 5, below.

16) Provide a sample invoice. In what ways can invoices be customized for government customers?

How quickly are invoices available or provided to your customers?

D. Reporting and Data

17) How will Responder identify MMCAP Infuse Members at onboarding and ensure they are attached to a resulting contract?

18) How would Responder address MMCAP Infuse Members that are already customers of the

Responder? How and when would these accounts be transitioned to a resulting contract with MMCAP Infuse?

19) Please provide a sample sales report which details sales to multiple different fictitious customers that you could provide to MMCAP Infuse on a scheduled basis. All numbers in this section are assumed to be fictitious and will not be evaluated for pricing.

4. Solution Information Sheets Fill out the attached information sheet(s) (Exhibit E) for the products and services you are proposing. A suggested categorization is on page 4 of this document. Solution information Sheets are available for the categories of Machinery, Stockkeeping and Supplies, and Services. Scored points for RFP evaluation may be awarded by the number of categories a Solution Information Sheet was submitted.

MMCAP Infuse staff reserve the right to assign a category different than what is submitted by Responder. As Member needs are quite varied, product categories will not be directly compared against one another (e.g. auxiliary labels will not be compared to a vial filling robot).

5. Standard Terms of Service or Required Forms For service vendors, proposals requiring software licensing or other larger implementations, please include a Microsoft Word copy of your standard terms of service with your proposal. MMCAP Infuse will use these to identify any problematic areas for government facilities and better inform contracting discussions. Submitted terms and forms will not be scored as part of the evaluation.

SECTION 4 – COST PROPOSAL

Follow the instructions below when completing your cost proposal. Your cost proposal must be submitted in a separate file in the email. No cost information should be provided in Section 3 or any other Section.

Responder should complete the Cost Proposal spreadsheet provided alongside the RFP as “Exhibit F - Cost Proposal – VENDOR NAME”. Please fill in the Vendor name so the appropriate documents can be matched for scoring. Cost proposals will be awarded evaluation points on the Discount Percentage(s) proposed as well as any Volume Discounts proposed. Evaluation points will be awarded on a category-by-category basis. If incomplete or incalculable information is provided, Responders may be awarded a 0 for non-responsive or incalculable categories.

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 attached as Exhibit A.

☐ I have COMPLETED and ATTACHED:

☐ Exhibit B - Certification Regarding Lobbying.

☐ Exhibit C - Workforce and Equal Pay Declaration

☐ 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 and will not be made for travel and subsistence expenses incurred outside Minnesota unless contractor 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 (VO) businesses will receive points equal to 12% percent of the total points available as preference.

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

Workforce 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 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.

Insurance Requirements

1. Notice. The Responder is required to submit Certificates of Insurance acceptable to MMCAP Infuse as evidence of insurance coverage requirements prior to commencing work under an awarded contract.

Responder will not commence work under a contract until they have obtained all the insurance described below and MMCAP Infuse has approved such insurance. Responder shall maintain such insurance in force and effect throughout the term of a contract. The failure of MMCAP Infuse to obtain a Certificate of Insurance, for the policies required under a contract or renewals thereof, or failure of the insurance company to notify MMCAP Infuse of the cancellation of policies required under an awarded contract shall not constitute a waiver by MMCAP Infuse to the Responder to provide such insurance. MMCAP Infuse reserves the right to immediately terminate a contract if the Responder is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Responder. All insurance policies must be open to inspection by MMCAP Infuse and copies of policies must be submitted to MMCAP Infuse. The Responder’s insurance company(ies) waives its right to assert the immunity of the State of Minnesota as a defense to any claims made under said insurance.

2. Additional Insurance Conditions.

A. Responder’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to MMCAP Infuse with respect to any claim arising out of Responder’s performance under this Agreement;

B. If Responder receives a cancellation notice from an insurance carrier affording coverage herein, Responder agrees to notify MMCAP Infuse within five (5) business days with a copy of the cancellation notice, unless Responder’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to MMCAP Infuse;

C. Responder is responsible for payment of Agreement related insurance premiums and deductibles;

D. If Responder is self-insured, a Certificate of Self-Insurance must be attached;

E. Responder’s policy(ies) shall include legal defense fees in addition to its liability policy limits;

F. Responder’s insurance companies must either (1) have an AM Best rating of A- (minus) and a

Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the Minnesota Department of Commerce if they are not rated by AM Best; and

G. An Umbrella or Excess Liability insurance policy may be used to supplement the Responder’s policy limits to satisfy the full policy limits required by the Agreement.

3. Responder is required to maintain and furnish satisfactory evidence of the following insurance policies:

A. Workers’ Compensation Insurance: Except as provided below, Responder must provide

Workers’ Compensation insurance for all its employees and, in case any Responder is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts Responder from Workers’ Compensation insurance or if the Responder has no employees in the State of Minnesota, Responder must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Responder from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Responder becomes eligible for Workers’ Compensation, the responder must comply with the Workers’ Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance.

B. Commercial General Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the contract whether the operations are by the Responder or by a subcontractor or by anyone directly or indirectly employed by the Responder under the contract. Insurance minimum limits are as follows:

$5,000,000 – per occurrence $5,000,000 – annual aggregate $5,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:

Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Other; if applicable, please list__________________________________ State of Minnesota named as an Additional Insured, to the extent permitted by law

C. Commercial Automobile Liability Insurance: Responder is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the Responder will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows:

$2,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile

D. Network Security and Privacy Liability Insurance, Including Ransomware (or equivalent):

Responder will maintain insurance to cover claims which may arise from failure of Responder’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data including but not limited to confidential or private information, transmission of a computer virus or denial of service. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E. Professional/ Technical, Errors and Omissions, and or Miscellaneous Liability Insurance: This policy will provide coverage for all claims the Responder may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Responder’s services required under the Agreement. Insurance minimum limits are as follows:

i. $2,000,000 – per occurrence

ii. $2,000,000 – annual aggregate

E-Verify Certification (In accordance with Minn. Stat. §16C.075)

By submission of a proposal for services in excess of $50,000, Responder certifies that as of the date of services performed on behalf of the State, Responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. In the event of contract award, Responder shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Responder and made available to the State upon request.

Certification of Nondiscrimination (In accordance with Minn. Stat. § 16C.053)

The following term applies to any contract for which the value, including all extensions, is $50,000 or more:

Responder certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Diverse Spend Reporting

If the total value of the awarded contract may exceed $500,000 in the State, including all extension options, the Vendor must track and report, on a quarterly basis, the amount paid to diverse businesses both: (A) directly to subcontractors performing under the Agreement, and (B) indirectly to diverse businesses that provide supplies/services to your company (in proportion to the revenue from the awarded contract compared to your company’s overall revenue). When this applies, you will be set up in a free portal to help report the Tier 2 diverse spend, and the requirement continues as long as the contract is in effect.

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

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

Workforce and Equal Pay Declarations Page Rev. /1/2023

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)

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

Select all that apply:

We are a certificate holder:

Workforce Certificate under the name:

Workforce Certificate not applicable – MMCAP Infuse Vendor with NO direct sales or distribution

Equal Pay Certificate under the name: Not applicable – MMCAP Infuse WESA exemption memo dated 12/17/2018

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

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

Workforce Certificate not applicable – MMCAP Infuse Vendor with NO direct sales or distribution Equal Pay Certificate Application date (MM/DD/YYYY): Not applicable – MMCAP Infuse WESA exemption memo dated 12/17/2018

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 Certificate and, if applicable, Equal Pay Certificate, or approved exemption by the Minnesota Department of Human Rights is required before a contract can be executed.

We are Exempt:

We attest to the Minnesota Department of Human Rights that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in wh we have our primary place of business. The Minnesota Department of Human Rights 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.

We believe our company is exempt because .

The Minnesota Department of Human Rights will review and determine if your company is exempt.

Business Information Vendor/Supplier ID Vendor Email

Business Name Name of Contracting Agency

Administration/MMCAP Infuse

Authorized Signatory Name Title Date

Signature Email Phone

EXHIBIT C

Workforce and Equal Pay Declaration Page

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 Commissioner of Administration will award up to a 12% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

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

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

or

2) The principal place of business is in Minnesota AND the US Small Business Administration verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109- 461 and Code of Federal Regulations, title 13, part 128.

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference. For Bids, the preference applies only to the first $2,000,000.

Claim the Preference By signing below I confirm that:

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

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

or

• My company’s principal place of business is in Minnesota and the US Small Business Administration verifies my company as being a veteran-owned or service-disabled veteran-owned small business.

Name of Company: _____________________________ Date: ________________________________

Authorized Signature: _____________________________ Telephone: ________________________________

Printed Name: _____________________________ Title: ______________________________________

Sign and return this form with your solicitation response to claim the veteran-owned preference.

Exhibit E: Solution Information Sheets Please duplicate as necessary and submit one sheet for each Product Category you are proposing.

A. Machinery

Product Category Number (pg 4-5 of RFP) Product Name Models Available Other Configurations or options

Short (100 words or less) description of what the product does Technical Capabilities (Vials/ Cards per hour, # of medications, etc.)

Older models still being serviced?

Provide model number and year of launch.

Why do you feel this is something MMCAP Infuse Members need? Is there specific applicability to Corrections, Mental Health, Student Health, or Public Health?

Resources needed by facility (240V power, network access, water, compressed air, etc.)

Environmental needs (operating temp range, humidity)

Consumables required, and where to obtain (from Vendor, specific models where available) Is calibration required? By customer or vendor?

Shipping / Distribution options.

Timeline?

Installation by vendor or customer?

Reporting capabilities Service, Maintenance Agreements (length, coverage levels) Other information you think we should know?

B. Stockkeeping and Supplies

Product Name Models Available (may submit catalog) Configurations or options (if for a shelving or pick-to-light system) – may substitute a catalog in lieu of describing each product in detail Short (100 words or less) description of what the product does Capacity Description (e.g. shelf space for 500 medications, or 60 cubic feet of storage) Why do you feel this is something MMCAP Infuse Members need? Is there specific applicability to Corrections, Mental Health, Student Health, or Public Health?

Certified for use with any machines?

Which one(s)?

Shipping / Distribution options.

Timeline?

Installation Available (for shelving or similar)?

Service, Maintenance Agreements (length, coverage levels) Other information you think we should know?

C. Services

What Services regarding automation do you provide?

Where are your service depots?

What turnaround time is expected once a call comes in?

What is the triage procedure?

Call/Email response, virtual…