PTRFP-8986_PT201_PTRFP_Genetic_Testing_BA-DSA_3.18.24.docx

Minnesota Department of Human Services Child Support Division

Request for Proposals for a Contractor(s) to Provide Genetic Testing and Other Associated Services in Title IV-D Cases

Date of Publication in SWIFT: March 27, 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 1 of 2 Rev. 12.7.2023

Table of Contents

1. INTRODUCTION

1.1 Objective of RFP Page 4

1.2 Proposal Due Date

1.3 Background

2. SCOPE OF WORK

3. PROPOSAL FORMAT

3.1 Proposal Contents……………………………………………………………………………………................ Page 11

3.2 Proposal Requirements

3.3 Required Statements and Forms Page 13

4. RFP PROCESS

5. PROPOSAL EVALUATION AND SELECTION

5.1. Overview of Evaluation Methodology Page 16

5.2. Evaluation Team

5.3. Evaluation Phases

5.4. Contract Negotiations and Unsuccessful Responder Notice Page 17

6. REQUIRED CONTRACT TERMS AND CONDITIONS Page 18

7. SOLICITATION TERMS

ATTACHMENT A Responder Declarations………………………………………………………………………..Page 53 ATTACHMENT B Exceptions to Terms and Conditions……………………………………………………..Page 55 ATTACHMENT C Cost Proposal Page 56

RFP Summary

Important Dates:

Proposals Due: SWIFT EVENT END Anticipated Selection of Successful Responder(s): May 15, 2024 Anticipated Start of Contract: July 1, 2024 Anticipated End of Contract: June 30, 2026 Anticipated Extensions: up to an additional three (3) years, ending June 30, 2029

STATE Contact(s):

Linda Koskela, Contracts Management Analyst Operations and Grants Management Linda.Koskela@state.mn.us Child Support Division/CFS PO Box 64946 444 Lafayette Rd., St. Paul, MN 55164-0946

1. Introduction

1.1. Objective of RFP

The Minnesota Department of Human Services, through its Child Support Division (STATE), is seeking Proposals from qualified Responders to provide genetic testing and other associated services in Title IV-D paternity cases. The primary goal of this RFP is to identify laboratories that provide accurate, reliable, legally admissible parentage tests and court testimony in Title IV-D paternity cases at competitive prices. The resulting contract(s) will require the successful Responders (or Contractors) to make the services set forth in this RFP available to Minnesota counties at the prices negotiated in that contract. Contractors with whom the STATE contracts will be the only laboratories eligible to perform these services for Minnesota counties.

It is anticipated that the STATE will contract with at least two (2) genetic testing laboratories as a result of this RFP.

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, using one (1) or two (2) year amendments following the initial contract period.

Pursuant to Minnesota 2023 Session Laws - Chapter 70, the Department of Children, Youth, and Families (DCYF) is established effective July 1, 2024, and Chapter 70, article 12, section 30 specifies that the STATE program issuing this RFP will transfer from the Department of Human Services (DHS) to DCYF. Therefore, pursuant to Minn. Stat. § 15.039, subd. 5 and 5a, any contracts resulting from this RFP executed on or after July 1, 2024 will name DCYF as the state agency.

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

42 U.S.C. § 666(a)(5)(F) requires that the STATE have in place procedures which require the admission into evidence, for purposes of establishing paternity, the results of any genetic test that is “…of a type generally recognized as reliable by accreditation bodies designated by the Secretary; and performed by a laboratory approved by such an accreditation body.” To facilitate paternity establishment, 45 C.F.R. § 303.5(c) mandates that the STATE identify through competitive procurement laboratories that perform, at reasonable costs, legally and medically acceptable genetic tests for Title IV-D paternity cases.

In Minnesota, the Title IV-D Child Support Program is supervised by the STATE and administered by the state’s eighty-seven (87) counties through seventy-eight (78) separate county Child Support Program offices (“County” or “Counties”). Ten (10) of Minnesota’s eighty-seven (87) counties participate in County Alliances that share services. Upon execution of contracts, a list of approved genetic testing laboratories will be made available to each County. In addition to Counties, the STATE’s list of successful genetic testing laboratories will also be made available to the courts, law enforcement officials, and to the public upon request.

Any awards of contracts pursuant to this RFP will not guarantee any amount of work or business from the STATE or the Counties. Each County will have sole discretion to select which of the approved genetic testing laboratories the County will utilize for paternity testing and expert testimony if needed. Costs for testing will be paid for by the individual Counties and not the STATE. The STATE will have no financial obligation to any laboratory as a result of this RFP or the resulting contract.

2. Scope of Work

2.1. Overview

This RFP provides background information and describes the professional 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

2.2. Responder Qualifications

It is imperative that the Contractors are qualified to perform the services outlined in this RFP which will be required in any resulting contract.

2.3. Tasks and Deliverables

The following tasks and deliverables will be required of the selected Responders:

1. COLLECTION AND TESTING REQUIREMENTS

Contractor must perform the following duties for sample collection and testing.

a. Collect buccal swab samples from persons within the state of Minnesota as requested by Counties and perform necessary tests to determine paternity and probability of paternity.

b. Sample collection sites and procedures vary among the seventy-eight (78) different County offices.

At the request of a County, the selected Contractor must do one of the following:

· Provide the necessary training, and supplies for buccal swab testing.

· Arrange for transportation of samples from the County collection site to the testing facility; or

· Assist the County in securing the services of an independent facility to collect samples.

· It is the Contractor’s responsibility to assure that the personnel employed by an independent facility are qualified to perform sample collection, have the necessary supplies, including an instant camera and sample kits, and that the personnel receive the necessary instructions to assure that a reliable and legal chain of custody is provided.

c. Provide or work with hospitals to provide a procedure to collect samples at the hospital at the time of a child’s birth if the parents choose to do so for the purpose of genetic testing.

i. Provide a fee schedule for testing under this sample collection scenario.

ii. Provide instructions, supplies, and reimbursement of sample collection to identified hospitals throughout the state necessary for the identification, collection, preservation, and transportation of samples to the laboratory for genetic testing in all IV-D cases.

iii. Assure that the hospital personnel are properly informed of the Contractor’s procedures for sample collection, have the necessary supplies, including an instant camera and sample kits, and that hospital personnel receive the necessary instructions to assure that a reliable and legal chain of custody is provided.

d. In the rare cases where the buccal swab testing method is not an option, the Contractor will provide and administer other paternity/relationship testing options, following the AABB’s most recent “Standards for Parentage Testing Laboratories” and other testing protocol required by the AABB’s most recent “Standards for Parentage Testing Laboratories” and other testing protocol required by the AABB at no additional cost to the requesting County.

e. For interstate cases initiated by the County, the Contractor must provide a collection site in the responding state to collect and ship the donor’s samples to the Contractor’s test facility. Whenever possible, the Contractor must schedule sample collection times to assure that the involved donors’ samples arrive at the laboratory at approximately the same time.

f. Contractor must reuse any genetic profile created from a sample submitted by one Minnesota county for retesting in a second Minnesota county’s case upon the second county’s oral request, provided the second county has an open case involving the individual who submitted the original sample, and provided the second county has obtained consent from that individual to reuse the profile.

g. Contractor must have means of identifying each tested person from whom a sample is obtained (e.g., color coding to identify mother, father, and child).

h. The Contractor must, at the time and place of sample collection, assure that the donor’s identity is determined by requiring a photo identification card, and a recognizable photograph of the donor is taken with a camera capable of producing an instant picture. Contractor must provide the camera, film/digital media, and other tools used to document the donor’s identity.

i. The Contractor must have written procedures in place to limit the extent of necessary additional sample collection to no more than five percent (5%) of all individuals swabbed. The reason for any additional sample collection must be included in the resample notice.

j. When problems arise with obtaining an adequate and/or viable sample from any donor, the Contractor must assume all related costs and make all necessary alternative arrangements to assure that the sample is obtained. This includes, but is not limited to, arranging for a physician to collect the sample and coordinate with hospitals to use their facilities. Upon notification of the arrangements, the County will notify the donors to be scheduled for sample collection.

k. Confirm all exclusions of paternity in multiple systems, and, in accordance with Minn. Stat. § 257.62, subd. 5, all inclusions calculated with a prior probability of no more than 0.5 (fifty percent (50%)) must be tested to a minimum of ninety-nine percent (99%) probability of paternity.

l. Arrange for shipment of the samples from the testing site to the testing facility.

m. Report any testing site loss or problem to the requesting County the day of occurrence and, if the testing site must be changed, secure an alternate site agreeable to the County within forty-eight (48) hours.

n. Report any incident concerning genetic testing, which may be construed as unusual or controversial, to any effected County on the day of occurrence.

o. Report to the STATE any contract compliance problems immediately as identified within the company so that the STATE will be informed and available to assist in corrective actions to remedy the problem.

2. TEST RESULT REPORTS

Contractor will:

a. Pursuant to Minnesota Statutes, section 257.62, subdivision 6, the Contractor must provide the Requesting County with a certified report of the facts and results of the laboratory analysis and/or genetic test performed. This report must be prepared and attested to under oath by a qualified expert. The report must be sent via first class mail in a sealed envelope, and in addition to AABB testing requirements, must contain the following:

Contractor must ensure that all completed certified reports are received by the County within twenty-five (25) calendar days of the Contractor’s receipt of the sample collections or the Contractor will waive its testing fees for those test results. If an additional sample collection is needed and the Contractor makes a request to the County within five (5) days of the receipt of the original sample collection, the Contractor must deliver the completed certified report within twenty-five (25) calendar days of the receipt of the last sample collection. If the request for the additional sample collection is not made within five (5) days of receipt of the original sample collection, the Contractor must deliver the completed certified report to the County within twenty-five (25) calendar days of receipt of the original sample collection or its fee is considered waived.

b. All Contractors ) must provide to the STATE, on or before July 15th and December 15th of each year, a County by County summary of testing done during the previous period, including a separate report on tests generated from hospitals. At a minimum, the summary must include:

3. CHAIN OF CUSTODY AND TESTIMONY

4. INVOICING AND PAYMENT

The Contractor will pass along any realized cost savings in testing, materials and/or supplies to the Counties in the form of price reductions for related services.

The Contractor must adhere to the following requirements, and perform the following services in invoicing the County for testing:

a. Provide a separate invoice for each test listing all parties to the case.

b. Number invoices so that references can be made between the County and the Contractor.

c. List each donor’s name on the invoice.

d. List date of service on the invoice.

e. Provide name and address of Contractor on invoice.

f. List Contractor’s contact telephone number on invoice.

g. List genetic tests performed on the invoice.

h. Forward invoices to the County upon completion, not in batch form, listing current amount due.

i. Provide a monthly statement to the County for each unpaid identified account owed by the County, grouped by case number.

j. Attach a copy of the invoice to the certified test results provided to the County.

k. Maintain a record of the test results in accordance with federal, state, local, and AABB requirements and, upon request, furnish a copy to the County at no additional cost.

l. Establish and maintain a separate account number for tests resulting from hospital sample collection.

5. ACCESSIBILITY

a. Web pages that provide user portals for entering orders for genetic tests, viewing results and for payment of services must be designed in an accessible format. See The State of Minnesota Accessibility Standards, which comply with Level AA of the Web Content Accessibility Guidelines.

1. Resources are available online at: https://mn.gov/mnit/assets/Stnd_State_Accessibility_tcm38-61585.pdf, https://mn.gov/mnit/government/policies/accessibility/, and https://www.w3.org/TR/WCAG/.

b. Accessibility must be maintained so that STATE, county and private individual users (customers of the Minnesota Child Support Program) with disabilities can perform essential tasks to access genetic testing services.

c. Discovered accessibility failures must be repaired within two (2) business days to maintain continuous compliance with accessibility standards as required by the STATE.

d. The web pages must provide another contact method to accomplish essential tasks should pages become in-accessible for users having a disability.

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 nonresponsiveness. 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.

Each qualification, deliverable and task described and presented in the scope of work must be clearly addressed in the Responder’s proposal. The proposal should describe how the Responder proposes to perform the work and to satisfy the requirements, tasks and deliverables as presented in the RFP. Failure to adequately describe how the Responder is qualified and will perform the work may result in a lower score. The points allocated to the qualifications and work plan proposed by the Responder are listed in the evaluation section.

Exhibit 1, Responder Qualifications, sets forth the qualifications required of Responders. In order to demonstrate that Responders meet the qualification requirements, Responders must complete and submit Exhibit 1 with their Proposal. In addition, Responders should clearly describe their qualifications and ability to satisfy requirements and to perform required services, in narrative form, as part of the Technical Program Requirements of their Proposal (See section 3.2.1.).

Proposal Components

(Chart or Table) (Attachment C) (Submit as a separate document from the Technical Proposal)

5. Appendix (If Applicable). Any additional information thought to be relevant, but not applicable to the prescribed format, may be included in the Appendix of your 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.

1. Qualification Narrative:

The Responder should provide a sufficiently detailed narrative describing how it meets the requirements and can perform the services listed in Section 2., Scope of Work. Responder should include proposed staffing for the project. Responder should include its risk assessment/management plan.

The narrative should reflect, but not be limited to, Responder’s ability to:

a. Collect and analyze samples for Minnesota Counties;

b. Meet the invoicing and payment requirements in Section 2 (Scope of Work);

c. Meet the collection and testing requirements in Section 2;

d. Meet the reporting requirements in Section 2;

e. Meet the chain of custody and testimony requirements in Section 2; and

f. Complete testing within the turnaround times required.

2. Proposed Work Plan: The Responder should provide a description of the deliverables to be provided along with a detailed work plan that identifies how the major tasks 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. 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.

3. Relevant Responder Experience; Resumes of Lead Responder Staff: 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. 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. Data and Information Security:

a. The Responder should provide information on their methods of protecting health and personal information of clients for whom genetic testing is performed.

b. Responders should demonstrate the capacity to protect private information for all clients throughout the testing and reporting process, and to maintain security of their information systems, including their web pages used to provide, bill and pay services.

c. Each Responder must submit a completed Information and Security Questions Form (see Section 3.3.c.). Answers to questions on information security is part of the Required Statements.

5. Accessibility and VPAT: 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:2] (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. [2: 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:3], under the “Products” tab. [3: https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp]

For this contract, accessibility must be maintained so that STATE, county and private individual users (customers of the Minnesota Child Support Program) with disabilities can perform essential tasks to access genetic testing services. Responders must clearly describe steps that will be taken to ensure that user/customer web pages will be continuously maintained in an accessible format. Another contact method, such as a telephone number, must be included on the web pages to ensure that any customer may obtain needed information.

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.

If the RFP asks for 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.

ii. Equal Pay Certificate: Applies if a resulting contract will be in excess of $500,000). Responders are required to complete and submit the Equal Pay Declaration form[footnoteRef:7] 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:8] [7: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [8: 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’ Questions

Responders’ questions regarding this RFP must be submitted prior to 4:00 p.m. Central Time on April 4, 2024. All questions must be sent via email to: Linda.Koskela@stae.mn.us and CC to Dominique.Jones@state.mn.us, please state “Request for Proposal Response” in the subject line of the email message.

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. Every attempt will be made to provide answers timely, within approximately ten (10) business days following the close of the questions due date.

4.2. 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 three to four (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.

Next page.

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.

At any time during the evaluation phases, the STATE may, at the STATE’s discretion, contact Responders to: (1) provide further or missing information or clarification of their Proposal, (2) provide an oral presentation of their Proposal, or (3) obtain the opportunity to interview the proposed key personnel. There is no guarantee that the STATE will look for information or clarification outside of the submitted written Proposal. Therefore, 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 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.

· Completion and submission of the following Required Statements:

· Responder Information and Declarations (Attachment A)

· Exceptions to Terms and Conditions (Attachment B)

· Information/Data Security Questions Form

· Minnesota Workforce Declaration Page

· Equal Pay Declaration Page

2. Phase II: Evaluation of Technical Requirements of Proposals Only those responses found to have met Phase I criteria will be considered in Phase II.

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

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)

a. Only the Proposals found to be responsive under Phases I and II will be considered in Phase III.

b. The evaluation team will use the Responders’ final scores in making its recommendations of the successful Responder(s).

c. STATE may request a clarification concerning the Proposal(s) from one or more Responders. STATE may require said response to be written, oral, or both. STATE will only use written responses for evaluation purposes.

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 thirty (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.

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.

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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 one hundred eighty days (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.

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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:9]. This includes all storage and processing of information and work performed by subcontractors at all tiers. [9: 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.