MR_LK_Sampling_for_NPC_Revision_ptrfp_final.pdf

Rev. 07.01.2024

State of Minnesota Minnesota Department of Natural Resources

REQUEST FOR PROPOSAL

Marsh and Lake Sampling for Native Plant Communities Revision

SWIFT Event #2-16562

Date Posted: January 15, 2025

• Responses must be received not later than 2:00PM, Central Time, February 5, 2025

• Late responses will not be considered.

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 the Office of Equity in Procurement home page, at www.mn.gov/admin/oep.

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

file://ADM-MMD-SRV-1.admin.state.mn.us/SHARE/OSP%20Assets/APPROVED%20Forms,%20Policies,%20Templates/PT/Templates/www.mn.gov/admin/oep

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

SWIFT SUPPLIER PORTAL SECURITY CHANGES

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

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

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

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

https://guest.supplier.systems.state.mn.us/psc/fmssupap/SUPPLIER/ERP/c/NUI_FRAMEWORK.PT_LANDINGPAGE.GBL?& https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf https://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf

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TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS

SECTION 2 – SUMMARY OF SCOPE

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

SECTION 4 – PROPOSAL CONTENT

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

SECTION 6 – SOLICITATION TERMS

Solicitation Attachments

• Attachment A: Responder Declarations

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

• Attachment C: Cost Detail

• Attachment D: Responder Forms o Veteran-Owned Preference Form [If Applicable]

Sample Contract

• Exhibit A: Contract Terms

• Exhibit B: Insurance Requirements

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

• Exhibit D: Pricing

• Exhibit E: Optional

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SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

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

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

Incomplete Submittals

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

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

How to Ask Questions

The contact person for questions is:

Felicia Barnes, Accounting Officer Principal DNR Ecological and Water Resources felicia.barnes@state.mn.us

Questions should be emailed to the contact by 9 calendar days (by 4:30PM) prior to the Event end date. A Q&A Addendum will be added to SWIFT within 2 business days of the question deadline.

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

STEP 2 – WRITE YOUR RESPONSE

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

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

STEP 3 –SUBMIT YOUR RESPONSE

Where to Send Your Response

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

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

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

https://www.revisor.mn.gov/statutes/cite/13.37 https://mn.gov/supplier

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SECTION 2 – SUMMARY OF SCOPE

Procurement Overview and Goals.

The Minnesota Biological Survey (MBS), a program in the Minnesota Department of Natural Resources (DNR), requests proposals for qualified people to delineate, collect vegetation plot data and digitally map examples of Marsh (MR) and Lake (LK) Native Plant Communities (NPCs) at 32 sites in support of revisions to the Native Plant Community Classification (NPC) Guides. The target systems for data collection are MR and LK systems bordering 32 lakes in the Laurentian Mixed Forest (LMF) Province of Northern Minnesota (Table 1; see attached shapefile).

These data will support improvements of plant and landscape indicators to distinguish MRn Classes—Northern Mixed Cattail Marsh (MRn83) and Northern Bulrush-Spikerush Marsh (MRn93), and to better document inland LKi NPCs. Surveyors are expected to be skilled in the field identification of herbaceous species common in wetlands and lakes of the LMF Province of northeast Minnesota (Figure 1). This work may take place over the course of two field seasons: summers 2025 and 2026. Respondents should describe their preferred data collection schedule across both seasons in Section 3, question 3: Approach to the Project. Vegetation plot data will be collected using the Minnesota DNR's Relevé Method and Field Form (available here), or variations of that method agreed upon in consultation with DNR staff. Coordination with DNR staff to determine final project methods and field schedule is required prior to starting data collection.

https://www.dnr.state.mn.us/eco/mbs/vegetation_sampling.html

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Table 1. Locations of Target Wetland Basins to be Sampled 2025-2026

Lake Basin Name Lake Number County ECS Subsection Aitkin 1004000 Aitkin St. Louis Moraines Big Sandy 1006200 Aitkin St. Louis Moraines Camp 1003200 Aitkin St. Louis Moraines Diamond 1017100 Aitkin St. Louis Moraines Elm Island 1012300 Aitkin St. Louis Moraines Hanging Kettle 1017000 Aitkin St. Louis Moraines Hickory 1017900 Aitkin St. Louis Moraines Horseshoe 1003400 Aitkin St. Louis Moraines Pine 1000100 Aitkin Mille Lacs Uplands Ripple 1014600 Aitkin St. Louis Moraines Section Ten 1011500 Aitkin St. Louis Moraines Unnamed 1031400 Aitkin St. Louis Moraines Andrusia 4003800 Beltrami Chippewa Plains Big 4004900 Beltrami Chippewa Plains Beuber 11035300 Cass Pine Moraines & Outwash Plains Big Portage 11030800 Cass Pine Moraines & Outwash Plains Boy 11014300 Cass Pine Moraines & Outwash Plains Island 11036000 Cass Pine Moraines & Outwash Plains Lomish 11013600 Cass Pine Moraines & Outwash Plains Platte 18008800 Crow Wing Mille Lacs Uplands Knife 33002800 Kanabec Mille Lacs Uplands Clark 38064700 Lake North Shore Highlands Cougar 38076700 Lake Laurentian Uplands Greenwood 38065600 Lake Laurentian Uplands Marble 38065000 Lake North Shore Highlands North McDougal 38068600 Lake Laurentian Uplands Sand 38073500 Lake Laurentian Uplands Thomas 38075100 Lake Laurentian Uplands Roy 44000100 Mahnomen Chippewa Plains Sullivan 49001600 Morrison/Crow Wing Mille Lacs Uplands First 58009900 Pine Mille Lacs Uplands Upper Pine 58013000 Pine Mille Lacs Uplands

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Figure 1. Target Work Area with selected Lakes or Wetlands within the LMF

Figure 2. Emergent and Floating- Leaf plant mapping

Sample Tasks and Deliverables.

All field surveys and Native Plant Community mapping must meet the standards of the MBS program. The contractor will survey a total of 32 locations bordering lakes for both MR and LK NPCs. Target locations for this project are within the LMF province of northern Minnesota. They were identified by reviewing the DNR Hydrography - Lakes, Ponds and River Features, EWR Aquatics mapping (Floating and Emergent Lake Plants layer), MBS Native Plant Community mapping and MBS Sites of Biodiversity Significance (Figures 1 and 2 above).

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For each potential MR or LK NPC found at a target location, the contractor will delineate a minimum of one and maximum of three examples of each of the wetland NPCs and collect vegetation plot data (typically via relevés) to document those occurrences. Some of the lakes may have variable examples of LK/MR NPCs present and may require multiple relevés to document the patterns of variation for these communities. In addition to the identified target locations for NPCs, supplemental examples of MR and LK NPCs if found within drainages or other connected wetlands not more than one mile from the target locations, may be added to or substituted in the initial target locations after consultation with DNR staff.

Activity 1: Delineation of target locations

Prior to field work, Native Plant Community polygons must be accurately screened in ArcGIS using multiple GIS layers including review of color-infra red and true color aerial photography, soils, LiDAR hillshade and historical photography layers. For at least 18 lakes, DNR biologists have previously delineated emergent and floating-leaf plant stands and categorized polygons by dominant taxa; these GIS polygons may be useful to identify potential relevé sites (see example Fig. 2). Review of historical photography will be necessary to detect the seasonal change in upper and lower shoreline boundaries of these communities. MBS staff will be available to the contractor to provide guidance, such as setting up an ArcGIS project in ArcMap 10.8, and later in the project on properly using a Native Plant Community polygon template for recording polygon attributes and quality control.

The contractor will create preliminary NPC polygons to use as part of field planning. These polygons will be refined after vegetation data has been collected.

Activity 2: Vegetation data collection

The contractor will need to understand the phenology of the MR and LK NPC species and be prepared to conduct a ground survey of the target locations multiple times (as needed) to capture the composition of these communities given the potential cyclic drawdown of water levels. The contractor will evaluate the range of NPCs present at each target area (as compared to the in-office GIS mapping) by traversing the target location. The ground survey will be supported by GPS waypoints, field notes, and placement of relevé vegetation plots.

Refinement of in-office NPC delineations will likely be needed as the number of relevé vegetation plots is determined to characterize each NPC. The contractor is not expected to map the entirety of NPCs surrounding the wetland or lake, but rather target examples of MR and LK NPCs which may require up to three relevés per target area. Relevé plots may be modified from standard methods if needed to capture the nature of these NPCs. For example, the standard size and shape (10x10 meters) of a relevé plot may be adjusted to be narrower (e.g., 5x20 meters) to fit a linear NPC. Or the relevé method may be applied to an entire delineated area for particularly small NPCs. The contractor will be required to review appropriate modifications with DNR staff in-field prior to data collection. Additionally, the contractor will consult with the project manager as needed to address any uncertainties that arise in appropriate modifications of methods. The contractor will submit properly pressed voucher specimens for unknown or difficult species such as macroalgae (or high-quality photos of diagnostic features for uncollectable occurrences with a fully annotated herbarium label).

The contractor will provide DNR with spatial data (GPS points and GIS point layers) marking the start and end points of all transects traversed for delineation of NPCs, and all four corners of all sampled relevé plots. Spatial data should use a sub-meter accuracy geographic positioning system (GPS) set to UTM Zone 15 (North American Datum 1983). The spatial data should be attributed appropriately such that they can be matched to the corresponding vegetation data collected for each. The contractor will provide field data that may have been collected at waypoints while delineating NPC boundaries such as data documenting plant species lists with abundances, general site descriptions, and landscape settings.

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Activity 3: Native Plant Community Mapping

After field work is completed, the contractor will then refine their delineations of the NPC polygons (if needed) in ArcGIS to accurately map and classify the MR and LK Native Plant Communities found. The minimum mapping polygon size for this project is half an acre. The contractor will enter digitized native plant communities into the Native Plant Community Polygon database or provide mapping in a format that will be compatible with the MN DNR NPC Polygon database using the appropriate domain codes. The contractor will complete quality control steps for accurate polygon boundaries, correct attributes, and correct map topology. The spatial data should be attributed appropriately such that they can be matched to the corresponding vegetation data collected as instructed with a template that will be provided to the contractor. Finally, the contractor will provide completed mapped polygons as per the template to the designated DNR contact.

Access

The majority of the target locations can be directly accessed from designated public water accesses (boat ramp or canoe access). In some locations, the best access may be obtained from the water. Nine waterbodies (locations) do not have a designated public access. If crossing private land, the contractor will be responsible for obtaining permission from private landowners.

Equipment

It is up to the contractor to create maps as needed to efficiently locate sites. The contractor is responsible for providing their own sub-meter accuracy GPS units, tape measures, maps, motorboat, canoes or kayaks and any other equipment necessary to successfully complete the contract.

The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site.

If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The contractor shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite.

The contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters.

All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.

Transportation and Lodging

The contractor will be responsible for arranging and supplying their own transportation and lodging. They can include those expenses in their cost proposal.

Constraints

Unpredictable weather, such as high precipitation events, may make access to sites difficult or inundate the target areas, making it challenging to capture the full breadth of plant composition for these NPCs. It may be necessary to come back to certain sites at later times or the next year. We recognize that these circumstances are beyond the contractor’s control.

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The contractor should describe in their Work Plan, 1) how they determine the best timing for survey work in MR and LK systems to capture the useful indicator plants for classification purposes, and 2) how they will adapt to unpredictable weather or other similar constraints to complete the work within two field seasons.

Timeline

Deadline Task

May 30, 2025 2025 Field Work Preparation and Pre-Data Collection Consultation with

DNR

September 30, 2025 Field Surveys for 2025 Season

October 30, 2025 2025 Deliverables for Activities 1 & 2 Submitted to DNR

December 30, 2025 2025 Deliverable for Activity 3 - NPC Mapping for Field Surveys Complete and Submitted to the DNR

May 30, 2026 2026 Field Work Preparation DNR

September 30, 2026 Field Surveys for 2026 Season

October 30, 2026 2026 Deliverables for Activities 1 & 2 Submitted to DNR

December 30, 2026 2026 Deliverable for Activity 3 - NPC Mapping for Field Surveys Submitted to the DNR

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SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

Anticipated Contract Term.

The term of this contract is anticipated to be from April 1, 2025, to October 30, 2026.

Question and Answer Instructions.

All questions should be submitted no later than 9 calendar days (by 4:30PM) prior to the Event end date as listed in Section 1, Instructions to Responders. The State is not obligated to answer questions submitted after the question due date and time.

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

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

Additional Tasks or Activities.

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

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SECTION 4 – PROPOSAL CONTENT

Please submit the following information:

1. Work Plan. Provide a description of a work plan for each activity, including the tentative weeks you would conduct in office work and in field surveys and a description of the deliverables to be provided. The work plan should identify an understanding of the tasks to be accomplished within the project’s timeline. The work plan may be used as a scheduling and managing tool, as well as the basis for invoicing. At minimum, a brief summary of work performed must be submitted with each invoice. This document should NOT list cost detail. If cost detail is included in this document, the State may disqualify the proposal as non-responsive. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract.

2. Qualifications and Experience. Responder should provide an outline of background of the Responder and all personnel who will conduct the work, detailing their training, experience, and qualifications for items 2.1-2.5 below.

Provide examples of similar work done by each person. Resumes or other information about project personnel should not, if possible, contain personal telephone numbers, home addresses, or home email addresses. If it is necessary to include personal contact information, please clearly indicate in the response that personal contact information is being provided.

2.1 Number of years’ experience as a botanist collecting and identifying aquatic and wetland native plants in Minnesota. Experience in identifying the native plants in MR and LK NPCs in the Laurentian Mixed Forest (LMF) preferred. Minimum three years’ field experience required working as a botanist.

2.2 Number of years’ experience with in-field classification of aquatic and wetland plant communities.

Experience with using the Minnesota Native Plant Community Classification Field Guides to identify MR and LK NPCs preferred.

2.3 Number of years’ experience with in-field relevé data collection methods, and spatial mapping using submeter GPS to document field data.

2.4 Number of years’ experience in mapping complex vegetation in ArcGIS. Experience in Native Plant Community mapping in ArcGIS using DNR’s database for mapping native plant communities with Minnesota Biological Standards preferred. Minimum of 2 years’ experience required mapping native plant communities.

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

4. License Agreements, Maintenance Agreements, or Other Terms and Conditions.

The State may require Responder to provide any license agreements, maintenance agreements or any other terms and conditions relevant to the work under a resulting contract. Review and approval by the State will be required prior to contract execution. In the event Responder fails to comply with a request under this provision, Responder agrees that it will not seek to enforce terms and conditions of any such agreement against the State. Further, failure to provide any of the pertinent documents upon request may result in the State not agreeing to sign any additional documents, rejecting your response, or cancelling the award.

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

1. Attachment A: Responder Declarations

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

3. Attachment C: Cost Proposal

4. Attachment D: Responder Forms

a. Veteran-Owned Preference Form (If Applicable)

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

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SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

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

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

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

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

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

• Three years’ field experience required working as a botanist.

• Minimum two years’ experience mapping native plant communities.

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

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

1. Expressed understanding of project objectives 100 points

2. Deliverables, work plan and project mgmt. approach 200 points

3. Qualifications and Experience 400 points

4. Cost Detail 300 points

1000 points

5. Preference Points (if applicable) 120 points (in addition to 1,000 available)

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

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

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

It is anticipated that the evaluation and selection will be completed by February 28, 2025.

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SECTION 6 – SOLICITATION TERMS

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

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

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

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

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

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

Rights Reserved The State reserves the right to:

• Reject any and all responses received;

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

• Negotiate with the highest scoring Responder[s];

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

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

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

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

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

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

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

Trade Secret Information

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

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

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

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

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

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

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

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

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

Reciprocity State shall comply with Minn. Stat. § 16C.06, subd. 7, as that applies to a non-resident vendor. This paragraph does not apply for any project in which federal funds are expended.

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