rfp_attachments_Togo_2.docx

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

Signature:

Printed Name:

Title:

Date:

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.

Responders must download and use the Attachment H: Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection. Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

2. Installation Services.

A responder must apply a charge as a separate line item for installation or mounting services. The price for equipment, attachments, or options does not include installation or mounting costs unless otherwise indicated in the Contract or Price Schedule. If installation services are not available or not applicable, enter “N/A” on the Price Schedule. A responder should carefully examine the Price Schedule for installation pricing instructions.

3. 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

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the Commissioner of Administration will award up to a 12% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

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

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

or

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

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

Claim the Preference By signing below I confirm that:

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

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

or

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

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

Workforce and Equal Pay Declaration Page This form is required for all businesses executing government contracts under the following:

1. Select one:

Select all that apply:

2. We are a Certificate holder:

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

4. 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.

5. 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.

6. Business Information

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

ATTACHMENT E: MANDATORY SPECIFICATIONS

Contractor’s system must meet all the specifications listed herein.

1. Television Service.

1.1 Contractor shall provide subscription television channels without continued interruption.

1.2 Contractor shall not offer nor deliver any free or promotional programming without prior written authorization from the State’s Authorized Representative.

1.4 Television services must support closed captioning and secondary audio programming (SAP) and any encoders or other transmission systems must not block transmission of captions.

2. Channel Selection.

2.1 Available channel selections will be listed in Exhibit E: Channels, of any final contract.

2.2 The following channel is required: First Nations Experience.

2.3 Contractor must give seven (7) days’ written notice to the facility before any changes are made in the channel lineup.

2.4 The State reserves the right to work with the Contractor to block and/or filter certain channels based on content which may be deemed inappropriate for clients. The blocking of certain channels shall not cause degradation of other channel selections.

2.5 Contractor must allow additional channels to be added to the channel lineup, upon request by the State, through a duly executed amendment to the contract.

3. Active Drops.

3.1 The initial contract shall be for a total of 17 drops, per month unless otherwise negotiated by the parties.

3.1.1 16 drops are located in individual cells, one drop per cell (High Definition preferred). The cells are located in the same room. Each drop must have its own television, hookup, and remote that works only for assigned television. 1 drop is located in a common area (High Definition preferred).

3.1.2 The number of active drops shall remain firm for the first year of the contract.

3.1.3 Contractor will have the opportunity to audit the current occupancy count, on an annual basis, to determine whether the number of active drops should be increased.

3.1.3.1 If the State and the Contractor are unable to come to an agreement regarding the number of drops for the subsequent year, the State’s interpretation of the number of drops shall prevail.

4. Equipment Installation.

4.1 The Contractor must provide service to the facility by installing any equipment that is required to provide the television service.

4.2 Responder must identify any additional equipment required to provide the offered television service in Attachment F: Narrative Response, below.

4.3 All equipment required to provide television services offered by Contractor must be installed by the Contractor or approved subcontractor.

4.4 Responder must provide installation timelines, in Attachment F: Narrative Response, below.

4.4.1 If Contractor becomes aware that they are unable to comply with their proposed timeline, the Contractor must notify the State and provide the State with a new proposed timeline, in writing, within seven (7) calendar days from the day the Contractor becomes aware that they are unable to comply with the initial proposed timeline.

4.5 All equipment paid for by the State and installed under this contract will become property of the State.

4.6 All drops are required to be enclosed by metal conduit. Metal conduit must go from television back to designated secured area leaving no exposed wires.

5. Warranty.

5.1 All installed equipment must include a one (1) year warranty. See Sections 8 and 9 of Exhibit A of the Sample Contract.

6. Maintenance.

6.1 Contractor shall provide maintenance services on any State-owned equipment and any Contractor-owned equipment, as agreed upon by the parties, unless otherwise negotiated with the State:

6.1.1 Equipment shall be checked for proper operation twice a year, each occasion at least five (5) months from the last occasion.

6.1.2 Provide on-site support service during regular business hours of 8:00 AM to 5:00 PM CT, Monday through Friday.

6.1.3 Provide replacement parts necessary to keep the system in reasonable working condition. Additional charges for new equipment may be accepted by the State through a duly executed amendment to the contract.

6.1.4 Contractor must provide replacement parts necessary to keep the system in reasonable working condition.

ATTACHMENT F: NARRATIVE RESPONSE

You must use this form when responding to this solicitation. A Word version of this document is attached to the solicitation for your convenience. You may provide supplemental information with your response, but failure to use this form to respond may result in the State rejecting your response. You may add lines, pages, or additional information to this attachment as necessary.

Do not include any information about pricing on this form. Please use Attachment H: Price Schedule, attached to the event, for all price information.

1. Mandatory Specifications.

7. Do you meet or exceed the State’s mandatory specifications for this Contract as shown in Attachment E: Mandatory Specifications? If so, check ‘Yes.’ If not, check ‘No.’ You should check only one (1) box. The State reserves the right to clarify with the Responder regarding their correct response if the Responder fails to check a box or checks both boxes.

☐ Yes ☐ No

2. Active Drops.

2.1 How do you verify the number of active drops for which the State is billed?

Response:

2.2 What is your proposed process for increasing the number of active drops for which the State is billed?

Response:

2.3 What is your proposed process for decreasing the number of active drops for which the State is billed?

Response:

2.4 How frequently will you allow the number of active drops to be increased or decreased on an annual basis?

Response:

3. Equipment.

3.1 List any equipment, cabling, and infrastructure that is required for the TV service you are offering.

Note: any equipment, cabling and infrastructure paid for by the State will become the property of the State after successful installation.

Response:

3.1.1 Of the items you listed in response to question 3.1, are any of them available to be leased rather than purchased outright? If so, list the items that can be leased.

Do not include any pricing information. Use Attachment H: Price Schedule, attached to the event, for all price information.

Note: any equipment, cabling and infrastructure installed and leased, but not leased to own, will remain property of the Contractor. Any equipment, cabling and infrastructure installed and leased to own will become the property of the State after successful installation and final payment by the State.

Response:

3.1.2 For items listed in response to question 3.1, provide an approximate timeline to install all items listed.

Response:

3.2 List equipment, cabling, and infrastructure that would be beneficial, but not required for the TV service you are offering. If you do not have suggestions, state “none” below and move on to Section 4.

Note: any equipment, cabling and infrastructure added and paid for by the State will become the property of the State after successful installation.

Response:

3.2.1 Of the items you listed in response to question 3.2, are any of them available to be leased rather than purchased outright? If so, list the equipment that can be leased.

Do not include any pricing information. Use Attachment H: Price Schedule, attached to the event, for all price information.

Response:

3.2.2 For items listed in response to question 3.2, provide an approximate timeline to install all items listed.

Response:

4. Service Implementation.

4.1 How soon after the effective date of the Contract can you implement the TV service at MCF Togo? State if the TV service implementation depends on your installation of any equipment included within Section 3.1, above.

Response:

5. Operation and Outage.

5.1 If one of your customers complained of poor signal quality, briefly describe how you would remedy the situation.

Response:

5.2 What has been your company’s longest continuous outage within Minnesota since May 1, 2021? List the approximate date and approximately how long the service was out.

Response:

5.2.1 List the steps your company took to remedy this outage.

Response:

5.2.2 Did your company take any additional steps after this outage was remedied to help safeguard your system from having any future outages? If your company did, briefly describe the additional steps taken and whether this has affected the number of service outages within Minnesota.

Response:

5.3 Will you send out notifications about planned outages for the service you are proposing? If you will not, state “no” below and move on to Section 5.4.

Response:

5.3.1 How far in advance will these notifications be sent prior to the planned outage?

Response:

5.4 Will you send out notifications about unplanned outages that impact the services you are proposing? If you will not, state “no” below and move on to Section 5.5.

Response:

5.4.1 How quickly will these notifications be generated and sent after you are aware of the outage?

Response:

5.5 What has your historical uptime been since May 1, 2021? Note that the State may request data to verify your response.

Response:

5.6 Do you include guaranteed levels of uptime in your contracts?

☐ Yes ☐ No If you responded YES, what guaranteed uptime levels have you promised since May 1, 2021?

Response:

6. Customer Service and Maintenance.

6.1 Will you provide a dedicated customer service representative whom the State may contact for technical support?

Response:

6.2 Describe your customer support process when technical support is required.

Response:

6.3 Describe the maintenance service you offer.

Response:

6.3.1 Describe how you will charge for repair and maintenance services. Do not include any specific pricing here: include all price information in Attachment H: Price Schedule, attached to the solicitation.

Response:

6.4 Do you offer non-business hour or emergency maintenance services? For purposes of clarity, non-business hour service includes service during the hours of 5:01 PM to 7:59 AM Central Time, each Monday through Friday; anytime on a State observed holiday; or anytime on a Saturday or Sunday.

☐ Yes ☐ No If you responded YES, provide details about the non-business hour or emergency maintenance service that you provide. Note that any non-business hour or emergency maintenance service would only be authorized to be provided upon the State’s request.

Response:

7. Additional Information. Please provide the additional information requested below.

7.1 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)

Email Address

Telephone Number

Contact Person (Solicitation Questions)

Email Address

Telephone Number

8. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply; if “other,” specify terms in the comment section below:

Rev. July 2023 Rev. July 2023

· 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:

ATTACHMENT G: Channels List The following channels are a list of what the facility requires and desires. Responders are required to indicate by checking “yes” or “no” if their proposal includes the channel listed. Responders may propose a substitute channel (“approved equal”) in the space provided, but the State reserves the right to make final determination on what constitutes an approved equal, and negotiate or reject a specific substitute channel. Failure to indicate compliance for each channel listed, or failing to include a substitute channel, may be cause for rejection of the entire response. The State reserves the right to select channels for any resulting contract, regardless of whether the resulting contract includes all channels listed below.

1. Required Channels

Desired Channels

Rev. 12/19 Page 1 of 15

Rev. 9.01.2021