RFP_Attachments.pdf

Rev. April 2025

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:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

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.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

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.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

Paul Thomas Highlight

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

1.1 Responders must download and use the Exhibit D: Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If the Exhibit D: Price Schedule is not returned with your solicitation response or is incomplete, your response may be rejected, either in part or in its entirety. Responders are strongly encouraged to provide the requested information for all line items within the Exhibit D: Price Schedule. The State reserves the right to reject responses, either in part, or in its entirety, that do not supply sufficient line items.

For the purposes of evaluation, if a responder leaves blank or enters "No Bid" into a line item blank the State may enter the highest price or least competitive offer received from all responders for that line item.

1.2 Responders must also include all catalog(s) or pricelist(s) that they’ve identified within their Exhibit D: Price Schedule as separate attachment(s) in their response to the event. For clarity, each catalog or pricelist should be labeled at the top with the same identifiers used in section 1.1.2 (Pricelist/Catalog ID) and 1.1.3 (Pricelist/ Catalog Date) of the Exhibit D: Price Schedule. Failure to provide the required catalog(s) or pricelist(s) may result in your response being rejected, either in part or in its entirety.

2. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

Attachment D: Responder Forms: Workforce and Equal Pay Declaration Page

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

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

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

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

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

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

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

We have not applied for one or both certificates:

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

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

We are Exempt:

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

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

Attachment E: Additional Information

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Usage Report Contact Person (See Exhibit A, 27. Usage Reports within the Sample Contract provided within the solicitation for more information )

Payment Terms. What payment terms do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ Other

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

Comments:

Delivery Terms. How many days After Receipt of Order (ARO) will the equipment be delivered?

Original Equipment Manufacture/Authorized Distributor or Manufacturer’s Representative.

9.1 Please check the box(es) that applies to your company:

☐ We (the company) are the Original Equipment Manufacturer (OEM) for the products identified in our response.

OR

☐ We (the company) are an Authorized Distributor or Manufacturer’s Representative for the products identified in our response.

9.2 If you are an Authorized Distributor or Manufacture’s Representative, check the box below that applies. If you are manufacturer, skip 8.2 and proceed to 9:

☐ Attached as part of our response is a letter from the manufacture which clearly states that:

1. We (the company) are authorized to sell the specific products listed in our response to the Solicitation, or the OEM’s full line of products.

AND

2. That all OEM equipment warranties are applicable.

OR

☐ We (the company) are listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative.

Usage Report Requirements

I have reviewed the usage reporting requirements in Section 27, Exhibit A of the Sample Contract. I understand and attest that, if awarded a Contract, I will track and report usage data for the State and its CPV members, submit all Usage Reports to osp.usagereports@state.mn.us, and include the State Contract Number along with required spend (i.e., invoiced sales) information. I agree to submit a Usage Report annually or submit any requested reports within thirty days of the State’s request and provide a final report within thirty days of Contract expiration or termination. I understand that failure to provide Usage Reports may result in cancellation of the Contract and that this obligation survives Contract expiration or termination.

☐ Yes.

☐ No. If no, explain:

https://mn.gov/admin/osp/other-purchasers/cpv/cpv-list.jsp mailto:osp.usagereports@state.mn.us

Exhibit D: Price Schedule

I have completed the provided Exhibit D: Price Schedule included in the Event. I understand that failure to use the Exhibit D: Price Schedule or failure to complete it in its entirety may result in my response being rejected. I understand that, if awarded, the Exhibit D: Price Schedule included in my response may be used for incorporation into the Contract subject to any revisions required by the State.

Pricelist/Catalogs

I have provided all pricelist(s) and catalog(s) that I wish to have evaluated as part of my response to this event. The pricelist(s)/catalog(s) submitted contain all products and pricing I am proposing under this solicitation. I understand that pricing in my submitted pricelist(s)/catalog(s) reflects the amounts before applying the percentage discount entered in Section 1.2 of the Exhibit D: Price Schedule. I understand that failure to submit a pricelist/catalog with my response may result in my response being rejected. I further understand that, if awarded, the pricelist/catalog(s) included in my response may be incorporated into the Contract, subject to any revisions required by the State.

Pricelist/Catalog ID and Pricelist/Catalog Date

I have entered a unique Pricelist/Catalog ID and Pricelist/Catalog Date onto every individual pricelist or catalog submitted as part of my response to this event. I have also ensured that the same identification information is used in Sections 1.1.2 and 1.1.3 of Exhibit D: Price Schedule so it is clear which Price Schedule corresponds to each Pricelist/Catalog provided in my response.

Exhibit D: Price Schedule Instructions

I have read all instructions provided to me within the Exhibit D: Price Schedule and do not have any questions. I understand that questions must be asked by emailing: paul.thomas@state.mn.us before the Q&A deadline specified in the event.

mailto:paul.thomas@state.mn.us

Sample Invoice and Sample Quote I have included (1) a Sample Invoice and (2) a Sample Quote in my response that meet all requirements listed in Exhibit D, Supplement 1 of the Sample Contract provided to me as part of this solicitation event. I understand that, if awarded, the Sample Invoice and Sample Quote included in my response may be used for incorporation into the Contract as Exhibit D, Supplement 1 subject to any revisions required by the State.

Pressure Washers, Deicing Systems, and Vegetation Sprayers The proposed equipment offered in my response meets all equipment requirements and specifications (as applicable) outlined in Exhibit C of the Sample Contract provided for this solicitation event. I certify that I understand and will comply with all other requirements and obligations identified in the Contract if receiving an award.

Online, Network, or internet-enabled Products, Equipment, Software, Or Product Features.

I attest that the equipment proposed in my response to this event is free of any hardware components, firmware, or software features that enable or require internet connectivity. Furthermore, I attest there is no integrated or latent capability that exists for internet communication via wired, wireless, or cloud-based methods, including but not limited to Ethernet, Wi-Fi, Bluetooth, cellular, satellite, or proprietary communication technologies. I further attest that no optional or ancillary equipment offered includes any capability, whether active or dormant, that enables or requires connection to the internet. I understand that this prohibition applies to all equipment, accessories, modules, optional features, or add-on components proposed or delivered under this contract.

Lastly, I attest, that all such items were removed from the catalog(s) or pricelist(s) included with my response prior to submission if applicable. I understand that if any prohibited products are identified during evaluation or after award, that my response may be rejected, or the Contract may be subject to termination.

Insurance Requirements I have reviewed the insurance requirements outlined in Exhibit B of the Sample Contract provided as part of this solicitation event. I understand that, if awarded a Contract, I must provide a Certificate of Insurance, demonstrating compliance with these insurance requirements within a reasonable timeframe. I further understand that if I fail to provide the required Certificate of Insurance within a reasonable timeframe, as determined by the State, after award, the State may rescind the award. Additionally, I acknowledge that I am required to maintain all required insurance policies for the duration of the Contract, and that failure to maintain the necessary insurance coverages may result in the Contract being placed on hold or terminated by the State.