PTRFP_8819__ECMH_Consultation_Eval_FY_25_03_06_2024_Final.docx

Minnesota Department of Human Services Behavioral Health, Housing and Hard of Hearing Division

Request for Proposals for a Contractor to evaluate the Early Childhood Mental Health Consultation system.

Date of Publication in SWIFT: March 12, 2024 Americans with Disabilities Act (ADA) Statement:

This information is available in accessible formats for people with disabilities by calling 651-431-3612 or by using your preferred relay service. For other information on disability rights and protections, contact your agency’s Americans with Disabilities Act (ADA) coordinator.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.mmd.admin.state.mn.us/mn02001.htm.

PT RFP (PT201) Page 2 Rev. 12.7.2023

Table of Contents

1. INTRODUCTION

2. SCOPE OF WORK

3. PROPOSAL FORMAT

4. RFP PROCESS

5. PROPOSAL EVALUATION AND SELECTION

6. REQUIRED CONTRACT TERMS AND CONDITIONS 13

7. SOLICITATION TERMS 13

RFP Summary

Important Dates:

RFP Published: March 12, 2024 Responder’s Conference (if applicable): March 27, 2024 Questions Due: March 29, 2024 Proposals Due: SWIFT EVENT END April 9, 2024

Anticipated Selection of Successful Responder(s): May 14, 2024 Anticipated Start of Contract: July 1, 2024 Anticipated End of Contract: June 30, 2026 Anticipated Extensions: Three additional years up to June 30, 2029

State Contact: Teya Dahle, Early Childhood Mental Health Consultation Coordinator

Request for Proposals Page 2

1. Introduction

1.1 Objective of RFP

The Minnesota Department of Human Services, through its Behavioral Health, Housing and Hard of Hearing Division (STATE), is seeking proposals from qualified Responders to evaluate Minnesota’s Early Childhood Mental Health Consultation system. See the RFP summary page for the start and end date and the anticipated initial length of the contract. STATE may extend the contract up to a total of five (5) years.

1.2 Proposal due date

The official response to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP. This RFP does not obligate the STATE to award a contract or complete the project, and the STATE reserves the right to cancel the solicitation if it is considered to be in its best interest. All costs incurred in responding to this RFP will be borne by the Responder.

This RFP provides background information and describes the services desired by the STATE. It delineates the requirements for this procurement and specifies the contractual conditions required by the STATE. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

1.3 Background

Mental Health Consultation is a mental health prevention service focused on building the adults’ capacity to support infant and young children’s emotional development and to prevent, identify, or reduce mental health challenges (Zero to Three, 2017). Mental Health Consultation promotes an early childhood provider’s capacity through:

· using a relational approach involving reflection and professional development;

· attuning to the provider’s needs and feelings;

· helping the provider remain curious about children, families and themselves; and

· supporting the care provider in relating to and regulating with children and families in healthy ways.

Mental Health Consultation thereby nurtures the social and emotional health and wellbeing of not only young children and their families but the providers themselves.

Early Childhood Mental Health Consultation has been a service offered by the State of Minnesota since 2016. State and community Infant and Early Childhood Mental Health leaders developed the program to preventatively address the mental health needs of Minnesota’s youngest children by supporting those who provide care, education and other supports to young children and families. A specific aim of the program is to address implicit bias and race-related disparities present in both our school and child care systems. Minnesota has some of the largest educational gaps by race, ethnicity, and socioeconomic status achievement in the United States (Grunewald, R. & Anusha, N., 2019). A 2019- 2020 survey of Minnesota's child care providers revealed a rate of expelling students from their classrooms higher than the national average (Mondi et al., 2022). Early childhood mental health consultation has been shown to reduce racial relational and discipline disparities (e.g., Shivers et al., 2022) making early childhood mental health consultation a fitting option for our system.

Other known benefits of early childhood consultation include:

· Reducing staff stress and turnover in child-serving agencies

· Research shows that mental health consultation in child care improves child care staff retention and morale. (Shivers, E. M., Guimond, A., Steier, A, 2015).

· Decreasing mental health symptoms, including internalizing and externalizing behavior in young children

· A randomized clinical control trial demonstrated that mental health consultation not only prevented mental health disorders in young children, but it also reduced mental health symptoms in young children demonstrating impulsivity and hyperactivity (Gilliam, W.S., Maupin, A. N., & Reyes, C. R., 2016).

· Other studies show decreases in behavior concerns connected to mental health consultation and/or improvements in social and emotional skills (e.g. Connors Edge, Kyzer, Davis & Whitman, 2022; Reyes & Gilliam, 2021).

· Reducing disparities experienced by children of color

· Research shows mental health consultation can decrease or racial relational and discipline disparities (Shivers, E. M., Guimond, A., Steier, A, 2015; Shivers, E., Faragó, F., & Gal‐Szabo, D., 2022).

· Reducing the risk of expulsion of children from child care and early learning

· Research shows that mental health consultation reduces the expulsion of children from child care (Perry, Dunne, McFadden, Campbell, 2008; Conners Edge NA, Kyzer A, Abney A, Freshwater A, Sutton M, Whitman K, 2021) Initially, Minnesota launched a system to provide early childhood mental health consultation to licensed quality-rated child care sites. Since then, consultation has expanded to include:

· Licensed child care sites;

· Family Friend and Neighbor provider groups;

· Early childhood public school programs; and

· Other early childhood service providers.

The consultation system subcontracts with approximately 60 licensed mental health providers to provide consultation annually to 100 child care sites per year, 20 Family Friend and Neighbor providers groups, and 25 early childhood education sites and groups. It is anticipated that the number of early childhood education sites will grow.

The consultation system is influenced by the models listed below, and consultants receive annual trainings and monthly reflective consultation to integrate these teachings and stances into their work:

· The Consultative Stance – Brinamen & Johnston (2006);

· Consultation FAN (Facilitating Attuned iNteractions) – Erikson Institute https://www.erikson.edu/academics/professional-development/district-infancy-programs/facilitating-attuned-interactions/; and

· The Diversity Informed Tenets – Irving Harris Foundation-https://diversityinformedtenets.org/.

The STATE is currently using the below measures to evaluate its mental health consultation system:

· The Climate of Healthy Interactions for Learning & Development (CHILD) (Gilliam & Reyes, 2018) https://medicine.yale.edu/childstudy/education-and-training/professional-development/child/;

· The Maslach Burn-out Scale for Teachers: https://www.mindgarden.com/117-maslach-burnout-inventory;

· The Preschool Expulsion Risk Measure (Gilliam & Reyes, 2016); and

· A State-crafted consultation satisfaction survey.

Because of challenges with a past data management system, our system’s outcome data is not as robust as expected. There has been a recent transition to a STATE-maintained data management system as a response and Responders are encouraged to address data collection complexities.

2. Scope of Work

2.1 Overview

The STATE is seeking responders to evaluate the Minnesota DHS Early Childhood Mental Health Consultation system. The term of any resulting contract is anticipated to be $300,000 over two years, from July 1, 2024, until June 30, 2026, with the possibility of extending the contract period up to five years for a total of $749,881, pending continued availability of federal funds. The STATE intends to contract with one successful Responder through this solicitation. The amount available for this first year of funding is $149,881 with subsequent years anticipating to be $150,000 per year.

2.1.1. ELIGIBLE RESPONDERS:

Responders are required to meet the following minimum requirements to be considered:

(A) Has at least seven (7) years combined experience in evaluation andresearch in the areas below, and address this in the 3.2.3 Relevant Responder Experience:

a. Research design and implementation; and

b. Use of statistical programs to analyze data such as SPSS, data analysis, and data interpretation and report writing.

(B) Has at least seven (7) years experience in utilizing data to make recommendations related to systems, for enhancement or changes to the system, and address this in the 3.2.3 Relevant Responder Experience.

(C) Responder must have authored a report or publication which promotes social justice, racial equality, or other Diversity, Equity, and Inclusion priority. Address this requirement in the 3.2.4 Diversity, Equity and Inclusion section.

(D) Has at least five (5) years of experience evaluating early childhood mental health consultation systems, as demonstrated by reports or publications.

2.1.2. IDEAL RESPONDERS:

The following criteria are preferred, but not required:

(A) Have experience with Minnesota’s Early Childhood Mental Health Consultation System or other Early Childhood Mental Health consultation programs and familiarity with the following outcome measures:

a. The Climate of Healthy Interactions for Learning & Development (CHILD)- (Gilliam & Reyes, 2018);

b. The Maslach Burn-out Scale for Teachers: https://www.mindgarden.com/117-maslach-burnout-inventory; and

c. The Preschool Expulsion Risk Measure (Gilliam & Reyes, 2016).

(B) Have published or have supported others in publishing research findings in reputable journals or through other professional respected information platforms.

(C) Demonstrate in the proposal that the Responder is a not-for-profit or a public entity.

2.2 Tasks and Deliverables

Responders should address the following tasks and deliverables, and how they will be achieved, in their Proposals:

(A) Within the two months of securing the contract, the Successful Responder will partner with STATE to design a methodology to evaluate the consultation system using existing and new (to our system) data and data collection and evaluation methods.

a. Primary research questions and data collection methods will be developed collaboratively with the STATE and must address race-related disparities in early childhood systems.

(B) Within the first two months of securing the contract, the Successful Responder will work with STATE to learn how to pull or receive data to be analyzed from the STATE.

(C) The Successful Responder will follow STATE requirements pertaining to proposals for conducting research. The Successful Responder will complete the requirements of the STATE’s Internal Review Board (IRB), including but not limited to completing applications, amendments, and annual reviews.

(D) The Successful Responder will pull and analyze the data every six months or on a schedule determined by STATE and inform STATE of data integrity issues immediately. All data will be analyzed using both qualitative methods and quantitative methods as deemed appropriate by STATE.

(E) The Successful Responder will develop and implement data collection methods determined through the collaborative process noted in 2.2.A.

(F) The Successful Responder will produce a report of the data analyzed every six months or on a schedule determined by STATE. The reports must indicate the most recent data pull in addition to an analysis of all the data in the system from the start of the contract. Thus, over the initial two-year period, it is estimated that four reports will be produced.

(G) The Successful Responder will attend Early Childhood Mental Health evaluation-related STATE identified meetings or trainings (e.g. advisory committee; trainings around data collection and/or outcomes; system strategic planning).

3. Proposal Requirements Proposals must conform to all instructions, conditions, and requirements included in this RFP. Responders are expected to examine all documentation and other requirements. Failure to observe the terms and conditions in completion of the proposal is at the Responder’s risk and may, at the discretion of the STATE, result in disqualification of the Proposal for non-responsiveness. Acceptable Proposals should address all services identified in Section 2, “Scope of Work,” agree to the contract conditions specified throughout the RFP, and include all of the items referenced in the Required Statements and Applicable Forms sections. Responder must also agree to the terms and conditions in the attached sample contract unless specifically making an exception pursuant to Required Form specified in 3.3b.

3.1 Proposal Contents

Responses to this RFP must consist of all following components. Each of these components must be separate from the others and identified with labeled tabs. The Cost Proposal must be submitted in SWIFT as a separate document from the Technical Proposal.

Proposal Components

1. Table of Contents

2. Technical Proposal Requirements

a. Statement of Understanding

b. Proposed Work Plan (Deliverables, work plan, and project management approach)

c. Relevant Responder Experience/Résumés of Lead Responder Staff (Qualifications/experience of personnel working on the project)

d. Diversity, Equity and Inclusion

3. Statements and Forms

a. Responder Information and Declarations (Attachment A)

b. Exceptions to Terms and Conditions (Attachment B)

c. Accessibility and VPAT

d. Information Security Questions Form (Attachment xx)

e. Minnesota Workforce Declaration Page (Affirmative Action) and Equal Pay Declaration Page

4. Cost Proposal (Attachment C) (Submit as a separate document from the Technical Proposal)

3.2 Technical Proposal Requirements

The following will be considered minimum requirements of the Technical part of the Proposal. The emphasis should be on completeness and clarity of content. Responder must expressly address the minimum requirements outlined in Section 2.1.1 above. Responders that fail to demonstrate how they satasify all minimum requirements will be disqualified from this solicitation and will not be considered. Responders should also address how they satisfy the preferred qualifications in Section 2.1.2 above.

1. Statement of Understanding: (Statement of Understanding must not exceed two pages) This component of the Proposal should demonstrate the Responder's understanding of the services requested in this RFP, the nature of the contract, and any problems anticipated in accomplishing the work. Specifically, the Proposal should demonstrate the Responder's familiarity with the project elements, a summary of its solution(s) to the problems presented and knowledge of the requested services and/or deliverables.

2. Proposed Work Plan:

a. The Responder should provide a description of the deliverables to be provided along with a detailed work plan that identifies how the major tasks outlined in Section 2.2 are to be accomplished. The work plan should provide sufficient information to be used as a scheduling and managing tool, as well as the basis for invoicing. This document should NOT list cost detail. If cost detail is included in this document, the STATE may disqualify the proposal as non-responsive.

b. 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. Responder should include proposed staffing for the project.

c. Responders are encouraged to propose other measures or tools for consideration, or other methods of data collection, and address data collection complexities.

3. Relevant Responder Experience; Including Resumes of Lead Responder Staff (Relevant Responder Experience must not exceed 5 pages, not including resumes): The Responder should demonstrate the length, depth, and applicability of prior experience in providing the requested services. This component of the Proposal must include previous experiences that will demonstrate the Responder's ability to deliver the services requested in this RFP. Responder should also provide a narrative description of the actual services that Responder has experience with and address “Eligible” and “Ideal” Responders criteria in sections 2.1.1 and 2.1.2. Describe what role, if any, staff proposed for this project had in the referenced service.

The Responder should also demonstrate the skill and experience of proposed lead staff by submitting their resumes. Resumes should describe the education, professional affiliations, and other relevant background of the lead staff to be assigned to this project. No change in the successful Responder’s personnel assigned to this project will be permitted without the prior approval of the State Program Manager. 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 included personal contact information, please clearly indicate in the response that personal contact information is being provided.

4. Diversity, Equity and Inclusion (DEI): The Responder should demonstrate promotion of diversity, equity and inclusion within their organization and through their work efforts, including promoting social justice and racial equality through research and evaluation. Please note, Responders should not include a separate section in their proposal. Just as a person’s identities are integrated in all aspects of life, Responders should integrate responses into requirements 3.2.1, 3.2.2, and 3.2.3.

3.3 Required Statements and Forms

The following forms are required statements that must be completed and included with your Proposal. Submit the completed forms, as required, in the “Required Statements and Forms” section of your Proposal. Failure to submit a Required Statement or to use the most current forms found in eDocs or attached to this RFP is at the Responder’s risk and may, at the discretion of STATE, result in disqualification of the proposal for nonresponsiveness.

a. Responder Information and Declarations (Attachment A): Complete and submit the “Responder Information and Declarations” form, which includes noncollusion and lobbying provisions. If you are required to submit additional information as a result of the declarations, include the additional information as part of this form. The Responder may fail the Required Statements Review in the event that the Responder does not affirmatively warrant to any of the warranties in the Responder Information and Declarations. Additionally, STATE reserves the right to fail a Responder in the event the Responder does not make a necessary disclosure in the Responder Information and Declarations or makes a disclosure which evidences a conflict of interest.

b. Exceptions to Sample Contract and RFP Terms (Attachment B): The contents of this RFP and the Proposal(s) of the successful Responder(s) may become part of the final contract if a contract is awarded. Responders who object to any condition of this RFP or STATE’s sample contract terms and conditions (attached as Appendix A) must note the objection(s) on the Exceptions to Sample Contract and RFP Terms and Conditions form. Much of the language reflected in the sample contract is required by statute. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

c. Accessibility and VPAT Information Any information systems, tools, information content, and/or work products, including the response to this solicitation/contract, applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial off-the-shelf (COTS) or custom, purchased or developed, must comply with the State of Minnesota Accessibility Standard effective September 1, 2010, as updated on June 14, 2018. This standard requires in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D.

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard.[footnoteRef:1] (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration. [1: https://mn.gov/mnit/about-mnit/accessibility/]

For both information technology deliverables/services and for commercial, off-the-shelf software (COTS), Responders should submit copies of or links to the Voluntary Product Accessibility Template (VPAT) for its product, as well as additional relevant information to aid in evaluating how Responders address accessibility. Information about the VPAT and VPAT templates can be found at the MN.IT Procurement Accessibility website[footnoteRef:2], under the “Products” tab. [2: https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp]

d. Information Security Questions Form (DHS-7895-ENG)[footnoteRef:3]: [3: https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7895-ENG]

Because the RFP asks for deliverables and services that may involve the creation or hosting of an external website or application, each Responder must complete the Information Security Questions form and submit with its Proposal. STATE’s Office of Information Security may ask for additional information from successful Responders based on this form.

e. Human Rights Compliance:

i. Workforce Certificate Information: Responders are required to complete and submit the Workforce Certificate Declaration form[footnoteRef:4] with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain a Workforce Certificate from MDHR prior to contract execution. Minnesota Department of Human Rights’ (MDHR) Workforce Certificate instructions and Application Form can be obtained at this link.[footnoteRef:5] [4: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [5: https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.]

ii. Equal Pay Certificate: Responders are required to complete and submit the Equal Pay Declaration form[footnoteRef:6] with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate from MDHR prior to contract execution. MDHR’s Equal Pay Certificate instructions and Application Form can be obtained at this link.[footnoteRef:7] [6: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [7: https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.]

4. RFP Process

4.1 Responders’ Conference

A Responders’ Conference will be held on March 27, 2024, at 10:00 AM Central Time via virtual conference, see information below for details. The conference will serve as an opportunity for Responders to ask specific questions of STATE staff concerning the project. Attendance at the Responders’ Conference is not mandatory but is recommended. Responders may attend via conference call (contact STATE contact for this RFP for more information about attending by conference call). Oral answers given at the conference will be non-binding. Written responses to questions asked at the conference will be posted in SWIFT as an addendum to the RFP.

WebEx Meeting:

https://minnesota.webex.com/minnesota/j.php?MTID=mc9df70cab2d53f2cd4320caf8986e4fa Meeting number (access code): 2495 635 8353 Meeting password: qE4QMM86HH5 Join by phone +1-415-655-0003 United States Toll Global call-in numbers Join from a video system or application Dial 24956358353@minnesota.webex.com You can also dial 173.243.2.68 and enter your meeting number.

4.2 Responders’ Questions

Responders’ questions regarding this RFP must be submitted prior to 4:00 p.m. Central Time on March 29, 2024. All questions must be sent via email to: teya.dahle@state.mn.us Other personnel are NOT authorized to discuss this RFP with Responders before the Proposal submission deadline. Contact regarding this RFP with any STATE personnel not listed above could result in disqualification. STATE will not be held responsible for oral responses to Responders.

Questions will be addressed in writing and distributed to all identified prospective Responders via an addendum to the RFP in SWIFT by April 3, 2024.

4.3 Proposal Submission

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (http://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

Interested Responders may begin preparing and entering their response into SWIFT as soon as they have downloaded the RFP. Electronic submissions to the STATE will be accepted beginning on the SWIFT Start Date for this RFP. Cost information must be loaded into the system as a separate document(s) from Responder’s technical response.

All Proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above will not be considered. The STATE shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the STATE.

NOTE: Responders must be registered vendors in the Statewide Integrated Financial Tool (SWIFT) system in order to submit a response to this RFP. Responders can register as a vendor by going to http://www.mmb.state.mn.us/vendorresources. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651-201-8100, Option 1.

Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the Responder.

5. Proposal Evaluation and Selection

5.1 Overview of Evaluation Methodology

1. All responsive Proposals received by the deadline will be evaluated by STATE. Proposals will be evaluated on “best value” as specified below. The evaluation will be conducted in three phases:

2. During the evaluation process, all information concerning the Proposals submitted, except for the name of the Responder(s), will remain non-public and will not be disclosed to anyone whose official duties do not require such knowledge.

5.2 Evaluation Team

1. An evaluation team will be selected to evaluate Responder Proposals.

2. STATE and professional staff, other than the evaluation team, may also assist in the evaluation process. This assistance could include, but is not limited to, the initial review of Proposals for responsiveness and pass/fail requirements or answering technical questions from evaluators.

3. STATE reserves the right to alter the composition of the evaluation team and their specific responsibilities.

5.3 Evaluation Phases

It is important that the Responder ensure that all sections of the Proposal have been completed to avoid the possibility of failing an evaluation phase or having their score reduced for lack of information.

1. Phase I: Responsiveness and pass/fail requirements The purpose of this phase is to determine if each Proposal complies with mandatory requirements. The STATE will first review each proposal for responsiveness to determine if the Responder satisfies all mandatory requirements. The STATE evaluate these requirements on a pass/fail basis.

Mandatory Requirements. Refer to sections 2.1.1 and 3.3 for requirements that are considered on a pass/fail basis:

2. Phase II: Evaluation of Technical Requirements of Proposals 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:

b. The evaluation team will review the components of each responsive Proposal submitted. Each component will be evaluated on the Responder's understanding and the quality and completeness of the Responder's approach and solution to the problems or issues presented.

3. Phase III: Selection of the Successful Responder(s)

d. The STATE reserves the right to conduct a Best and Final Offer. The total scores for those Responders selected to submit additional information under the Best and Final Offer process may be revised as a result of the new information.

e. The evaluation team will make its recommendation based on the above-described evaluation process. The successful Responder(s), if any, will be selected approximately 30 days after the Proposal submission due date.

5.4 Contract Negotiations and Unsuccessful Responder Notice

The STATE will make its selection based on best value, as determined by the evaluation process described above. 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.

If a Responder(s) is selected, STATE will notify the successful Responder(s) in writing of their selection and STATE’s desire to enter into contract negotiations. Until STATE successfully completes negotiations with the selected Responder(s), all submitted Proposals remain eligible for selection by STATE. Data created or maintained by the STATE as part of the evaluation process will be public data when contract negotiations have been successfully completed. If the STATE determines that it is unlikely that a Responder will be selected for contract negotiations, the STATE may, as a courtesy, notify the Responder that it has not been selected for contract negotiations. After STATE and chosen Responder(s) have successfully negotiated a contract, STATE will notify the unsuccessful Responders in writing that their Proposals have not been accepted. All public information within Proposals will then be available for Responders to review, upon request.

6. Required contract Terms and Conditions All Responders must be willing to comply with all state and federal legal requirements regarding the performance of the contract. The requirements are set forth throughout this RFP and in the sample contract attached as Appendix A. The attached sample contract should be reviewed for the terms and conditions that will likely govern any resulting contract from this RFP. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

7. Solicitation Terms A. Competition in Responding The STATE desires open and fair competition. Questions from Responders regarding any of the requirements of the RFP must be submitted in writing to the RFP Administrator as described in section 4.2 of this RFP. If changes are made to the RFP, 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.

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

C. Data Security - Foreign Outsourcing of Work is Prohibited All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.

D. Preparation Costs. STATE is not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contact will be done only to the extent the Responder voluntarily assumes risk of non-payment.

E. Joint Ventures The STATE allows joint ventures among groups of Responders when responding to the RFP. 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).

F. Withdrawing Response A Responder may withdraw its response prior to the due date and time of the RFP. 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 RFP Administrator in writing of the desire to withdraw.

After the due date and time of this RFP, 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 RFP Administrator within a reasonable time and prior to the STATE’s detrimental reliance on the response.

G. Rights Reserved The STATE reserves the right to:

· Reject any and all responses received;

· Cancel the RFP at any time and for any reason with no cost or penalty to STATE.

· Not be liable for any errors in the RFP or other responses related to the RFP.

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

· Duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal;

· 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, modify scenarios and request or add additional scenarios for the purpose of conducting pricing evaluations.

H. 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.

I. Responses are Nonpublic during Evaluation Process All materials submitted in response to this RFP 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.

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

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

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

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

K. 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.

L. Award Any award that may result from this RFP will be based upon the total accumulated points as established in the RFP. The STATE reserves the right to award this RFP 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 RFP. 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.

M. 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.

N. Geographical Location of Work All services under this contract shall be performed within the borders of the United States, except as may be otherwise required by the World Trade Organization Government Procurement Agreement of 1996[footnoteRef:8]. This includes all storage and processing of information and work performed by subcontractors at all tiers. [8: The World Trade Organization Government Procurement Agreement of 1996 (WTO-GPA), signed by the United States and 27 other countries, is designed to open up as much business as possible to international competition. To that end, the member nations have agreed that they and their sub-central governments (states, provinces, prefectures, departments) will not discriminate against foreign products or suppliers of services when those products or services exceed an agreed upon threshold amount, which is currently $558,000. In the case of this RFP, a contract would have to exceed the threshold amount ($558,000) in order to be subject to the WTO-GPA requirement.

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Appendix A: Sample State Professional technical Contract

ATTACHMENT A: RESPONDER DECLARATIONS

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

A. Response 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.

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. 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

2. 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 Minnesota Attorney General for investigation and appropriate action.

D. 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 an organizational conflict of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. 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 organizational 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.

E. 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:

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 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.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The STATE presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The STATE reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to STATE’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below. Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

By signing this form, 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:

ATTACHMENT C: COST DETAIL/Proposal Responders must submit Attachment C “Cost Detail” form as their Cost Proposal. The rate(s) identified in the Cost Proposal must include all costs, including but not limited to: travel expenses, mass mailings, fees, commissions, compensation, indirect costs, equipment, supplies, and other charges.

Identify the level of the State’s participation in the contract and details of cost allowances for this participation. The State does not make regular payments based solely upon the passage of time; it only pays for services performed or work delivered after it is accomplished.

Submit the Attachment C: Cost Detail as a separate document(s) from your technical response for all copies of the Proposal. Do not include any cost information in the Technical Proposal part of the response. The Proposal must be open for acceptance until a contract is executed, the Solicitation is cancelled, or 180 days after the due date and time of the Solicitation, whichever comes first.

Responder must complete the chart below for each identified deliverable. The State reserves the right to negotiate additional tasks within the scope of this solicitation with the highest scoring responder.