RFP_Clinical_Supervision_MSOP_7.15.26_FINAL.pdf

Page 1 of 35 Rev. 07.01.2024

State of Minnesota

Direct Care and Treatment, Minnesota Sex Offender Program

(MSOP)

REQUEST FOR PROPOSAL

Request for Proposal for Qualified Contractor(s) to provide Clinical Supervision toward licensure in the following areas:

Licensed Independent Clinical Social Worker (LICSW), Licensed Marriage and Family Therapist (LMFT), Licensed Professional

Clinical Counselor (LPCC), and Licensed Psychologist (LP)

Date Posted: July 15, 2026

• Responses must be received not later than 4:00 pm, Central Time, July 29, 2026

• Late responses will not be considered

• As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular

Session, Chapter 39, Article 2, Sec. 45.

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

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 651.201.2402 or go to the Office of Equity in Procurement home page, at https://mn.gov/admin/business/vendor-info/oep/.

https://www.revisor.mn.gov/laws/2025/0/Session%2BLaw/Chapter/39/ https://mn.gov/admin/business/vendor-info/oep/

Page 2 of 35 Rev. 07.01.2024

This Solicitation requires proposals to be submitted through the SWIFT Supplier Portal.

Please note the security changes below that may impact responders from submitting a timely response.

SWIFT SUPPLIER PORTAL SECURITY CHANGES

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

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

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

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

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

Page 3 of 35 Rev. 07.01.2024

TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS

SECTION 2 – SUMMARY OF SCOPE

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

SECTION 4 – PROPOSAL CONTENT

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Solicitation Attachments

ATTACHMENT A: RESPONDER DECLARATIONS

ATTACHMENT B: EXCEPTIONS TO STATE'S TERMS AND CONDITIONS

ATTACHMENT C: COST DETAIL

ATTACHMENT D: RESPONDER FORM/ WORKFORCE AND EQUAL PAY DECLARATION PAGE

ATTACHMENT E: REFERENCE FORM

ATTACHMENT F: SAMPLE MASTER CONTRACT

Page 4 of 35 Rev. 07.01.2024

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

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

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

Incomplete Submittals

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

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

How to Ask Questions

The contact person for questions is:

Lisa Earl, Contract Administrator Direct Care and Treatment lisa.earl@state.mn.us

Questions should be emailed to the contact by July 22, 2026.

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

STEP 2 – WRITE YOUR RESPONSE

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

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

STEP 3 –SUBMIT YOUR RESPONSE

Where to Send Your Response

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

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

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

mailto:lisa.earl@state.mn.us https://www.revisor.mn.gov/statutes/cite/13.37 https://mn.gov/supplier

Page 5 of 35 Rev. 07.01.2024

SECTION 2 – SUMMARY OF SCOPE

Overview and Goals.

Direct Care and Treatment (DCT), Minnesota Sex Offender Program (MSOP) (State), is seeking Proposals from qualified Responders to provide Clinical Supervision toward licensure in the following areas: Licensed Independent Clinical Social Worker (LICSW), Licensed Marriage and Family Therapist (LMFT), Licensed Professional Clinical Counselor (LPCC), and Licensed Psychologist (LP).

Professional employees who have recently completed their required education often experience barriers to obtaining the clinical supervision required in their pursuit of an independent clinical license. To assist employees to develop professional competency as well as continue to develop therapy skills necessary to provide quality treatment to the program’s unique client population, the Minnesota Sex Offender Program provides an opportunity for license-eligible employees to obtain their professional clinical license. The resulting contract(s) of this RFP will assist the Minnesota Sex Offender Program to provide this opportunity, contributing to the professional development and retention of professional staff.

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.

The State is issuing this RFP solicitation as a master contract solicitation. The master contract will only be available for use by the Direct Care and Treatment, Minnesota Sex Offender Program. Once the master contract program is established, the State will engage all master contract holders based on need and areas of expertise.

Selection and award of work order contracts will be based on availability, areas of expertise, and best value.

Detailed obligations and performance measures will be defined in the final negotiated master contracts and work order contracts.

DCT reserves the right to reopen this solicitation at its sole discretion from time-to-time during the master contract period to add additional master contract holders to the program.

2. Sample Tasks and Deliverables.

Contractor will provide clinical supervision of professional employees at the Minnesota Sex Offender Program toward licensure. Clinical supervision may be in a group or individual setting depending upon State of Minnesota licensing requirements. Clinical supervision can be provided in-person or virtual consistent with licensing board requirements. The clinical supervision may occur at the program’s Moose Lake facility, St. Peter facility, or other location as agreed upon between the contractor and employee. The contractor will provide the Minnesota Sex Offender Program with the number of professional employees they are able to supervise at a given time. During the clinical supervision, the contractor will provide verbal evaluation and direction of the services provided by the professional staff to promote competent and ethical services and the continuing development of the professional employee’s knowledge, skills, and values in the general field of psychotherapy, as well as psychotherapy specific to sexual offender treatment. Contractor will complete any documentation required by the professional employee’s state licensing board to attest to the supervision provided.

Page 6 of 35 Rev. 07.01.2024

3. Minimum Qualifications of Responders.

Qualified responders must hold an active license with their professional board(s) and be able to provide licensure supervision in one or more of the requested areas. To be qualified in a particular area, Responders must have the following qualifications:

1. Be an approved Licensed Professional Clinical Counselor supervisor by the Minnesota Board of Behavioral Health and Therapy;

2. Be an approved Licensed Marriage and Family Therapist supervisor by the Minnesota Board of Marriage and Family Therapy;

3. Meet the requirements of Minnesota Statutes, section 148E.120, subd. 1 to provide supervision towards licensure as a Licensed Independent Clinical Social Worker;

4. Qualified Responders must also have at least 5 years of experience providing sex offense specific treatment.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

Proposals must conform to all instructions, conditions, and requirements included in the RFP. Responders are expected to examine all documentation and other requirements. Failure to observe the terms and conditions in completion of the Proposal are at the Responder’s risk and may, at the discretion of the State, result in disqualification of the Proposal for nonresponsiveness. Acceptable Proposals must offer all services identified in Section 2 Summary of Scope as permitted by their license, which includes one or more of the areas of #1-3 and #4 in Section 2.3 Minimum Qualifications of Responder and agree to the contract conditions specified throughout the RFP.

Anticipated Contract Term.

The term of this contract is anticipated to be from August 15, 2026-June 30, 2028, with the option to extend up to an additional 3 years in increments determined by the State.

Question and Answer Instructions.

All questions should be submitted no later than the date and time listed in Section 1, Instructions to Responders.

The State is not obligated to answer questions submitted after the question due date and time.

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

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

Page 7 of 35 Rev. 07.01.2024

SECTION 4 – PROPOSAL CONTENT

Responses to this RFP must consist of all of the following components and identify which areas responder is qualified in referencing Section 2.3 Minimum Qualifications of Responders. (See following sections for more detail on each component). The Cost Proposal must be submitted in SWIFT as a separately attached document.

Please submit the following information:

1. Work Plan. Responder should provide a description of the deliverables to be provided by the Responder along with a detailed work plan that identifies the major tasks to be accomplished and be used as a scheduling and managing tool. 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, and what makes the Responder uniquely suited for this work.

2. Qualifications and Experience. Responder should provide an outline of background and experience with examples of similar work done by the Responder and a list of personnel who will conduct the project, detailing their training, and work experience with relevance from Section 2.3 Minimum Qualifications of Responders.

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

3. References. Responder should complete and submit “Attachment E: Reference Form” with their response.

Responder should submit two completed reference forms with each reference’s company name and contact information with their response. Once Responder’s response is received, the Solicitation Administrator will send the same form to Responder’s reference(s) for each reference to fill out and return to the Solicitation Administrator.

The State reserves the right to verify the information submitted on Attachment E before an award is made.

The State reserves the right to contact the references listed in Attachment E. The solicitation response will be rejected if the State, in its sole discretion, receives information that indicates the responder is non-responsible or non-responsive.

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

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

1. Attachment A: Responder Declarations

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

3. Attachment C: Cost Proposal

4. Attachment D: Responder Forms

a. Workforce and Equal Pay Declaration Page

b. Equal Pay Certificate Form

5. Attachment E: Reference Form

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

Page 8 of 35 Rev. 07.01.2024

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

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

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

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

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

1. Qualified responders must be able to provide clinical supervision in one or more of the requested areas.

To be qualified in a particular area, Responders must have the following qualifications:

• Be an approved Licensed Professional Clinical Counselor supervisor by the Minnesota Board of

Behavioral Health and Therapy;

• Be an approved Licensed Marriage and Family Therapist supervisor by the Minnesota Board of

Marriage and Family Therapy;

• Meet the requirements of Minnesota Statutes, section 148E.120, subd. 1 to provide supervision towards licensure as a Licensed Independent Clinical Social Worker;

2. Five-years professional experience in the provision of sex offense specific treatment.

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

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

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

1. Work Plan 200 points

2. Qualifications and Experience 400 points

3. References 100 points

4. Cost Detail 300 points

1000 points

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

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

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

Page 9 of 35 Rev. 07.01.2024

The State will make its selection based on best value, as determined by this evaluation process. The State reserves the right to pursue negotiations on any exception taken to the State’s standard terms and conditions.

In the event that negotiated terms cannot be reached, the State reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder or take other actions as the State deems appropriate.

If the State anticipates multiple awards, the State reserves the right to negotiate with more than one Responder.

It is anticipated that the evaluation and selection will be completed by August 1, 2026.

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Unenforceable Terms

As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Section 45.

Unenforceable terms

(a) A contract entered into by the state shall not contain a term that:

(1) requires the state to defend, indemnify, or hold harmless another person or entity, unless specifically authorized by statute;

(2) binds a party by terms and conditions that may be unilaterally changed by the other party;

(3) requires mandatory arbitration;

(4) attempts to extend arbitration obligations to disputes unrelated to the original contract;

(5) construes the contract in accordance with the laws of a state other than Minnesota;

(6) obligates state funds in subsequent fiscal years in the form of automatic renewal as defined in section

325G.56; or

(7) is inconsistent with chapter 13, the Minnesota Government Data Practices Act.

(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term shall be void and the contract is enforceable as if it did not contain that term.

Solicitation Terms

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

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

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

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.

https://www.revisor.mn.gov/laws/2025/0/Session%2BLaw/Chapter/39/

Page 10 of 35 Rev. 07.01.2024

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

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

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

Rights Reserved The State reserves the right to:

• Reject any and all responses received;

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

• Negotiate with the highest scoring Responder[s];

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

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

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

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

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

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

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

The State will notify all responders in writing of the evaluation results.

Trade Secret Information

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

§ 13.37.

Page 11 of 35 Rev. 07.01.2024

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

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

§ 13.37.

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

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

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

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

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

For TG/ED/VO certification and eligibility information visit the Office of Equity in Procurement website at https://mn.gov/admin/business/vendor-info/oep/ or call the Division’s Helpline at 651.201.2402.

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

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

Page 12 of 35 Rev. 07.01.2024

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.

Page 13 of 35 Rev. 07.01.2024

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

Page 14 of 35 Rev. 07.01.2024

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.

Signature:

Printed Name:

Title:

Date:

Page 15 of 35 Rev. 07.01.2024

ATTACHMENT C: COST DETAIL/PROPOSAL

This form must be completed and submitted separately as the Cost Proposal. Do not include this form in the appendix or elsewhere in the Technical Proposal.

The rates identified in the Cost Proposal must include all costs, including but not limited to: travel, overtime, holiday pay, indirect costs, and other charges. The State will not pay separately for 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.

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.

Name Individual Supervision Maximum Hourly Rate

Group Supervision Maximum Hourly Rate

Page 16 of 35 Rev. 07.01.2024

ATTACHMENT D: RESPONDER FORM

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:

☐ Workforce Certificate under the name:

☐ Equal Pay Certificate under the name:

3. 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):

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

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

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

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) mailto:Compliance.MDHR@state.mn.us 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/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/equalpay/

Page 17 of 35 Rev. 07.01.2024

ATTACHMENT E: REFERENCE FORM

Responder/Company Name:

Contact Name:

Address:

Email:

Phone Number:

1. Description of sex offense specific treatment knowledge:

2. Dates of Engagement:

3. Overall clinical supervision skills:

4. Strengths related to providing clinical supervision to clinicians providing sex offense specific treatment in a civil commitment program:

5. Opportunities for growth related to providing clinical supervision to clinicians providing sex offense specific treatment in a civil commitment program:

Page 18 of 35 Rev. 07.01.2024

ATTACHMENT F: SAMPLE MASTER CONTRACT

State of Minnesota Professional and Technical

Services Master Contract

SWIFT Contract Number:

Master Contract T-Number:

This Master Contract is between the State of Minnesota, acting through its NAME OF AGENCY (“State”) and NAME OF CONTRACTOR whose designated business address is CONTRACTOR’S ADDRESS (“Contractor”). State and Contractor may be referred to jointly as “Parties.”

Recitals

1. State issued a solicitation identified as [Solicitation identification] [SWIFT Event No.] on [Solicitation date] for [brief narrative describing purpose of solicitation] (“Solicitation”);

2. Contractor provided a response to the Solicitation indicating its interest in and ability to provide the goods or services requested in the Solicitation; and

3. Subsequent to an evaluation in accordance with the terms of the Solicitation and negotiation, the Parties desire to enter into a contract.

Accordingly, the Parties agree as follows:

Contract

1. Term of Contract

1.1 Effective date. [Spell out full date (e.g., April 1, 2019)], or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. The Contractor must not accept work under this Master Contract until this Master Contract is fully executed and the Contractor has been notified by the State’s Authorized Representative that it may begin accepting Work Order Contracts.

1.2 Work Order Contracts. The term of work under Work Order contracts issued under this Master Contract may not extend beyond the expiration date of this Master Contract.

1.3 Expiration date. [Spell out full date (e.g., March 31, 2020)], or until all obligations have been satisfactorily fulfilled, whichever occurs first. The contract may be extended for up to an additional [## months/years], in increments as determined by the State, through a duly executed amendment.

2. Contractor’s Duties The Contractor shall perform all duties described in this Master Contract to the satisfaction of the State.

Page 19 of 35 Rev. 07.01.2024

The Contractor, who is not a State employee, may be requested to perform any of the following services under individual Work Order Contracts:

The Contractor understand that only the receipt of a fully executed Work Order Contract authorizes the Contractor to begin work under this Master Contract. Any and all effort, expenses, or actions taken before the Work Order Contract is fully executed is not authorized under Minnesota Statutes and is under taken at the sole responsibility and expense of the Contractor. A sample Work Order Contract is attached and incorporated into this Master Contract as Exhibit E.

The Contractor understands that this Master Contract is not a guarantee of a Work Order Contract. The State has determined that it may have need for the services under this Master Contract, but does not commit to spending any money with the Contractor.

3. Representations and Warranties

3.1 Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the State is empowered to engage such assistance as deemed necessary.

3.3 Contractor warrants that it is duly qualified and shall perform its obligations under this Contract in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Contract, to the satisfaction of the State.

3.3 Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms.

4. Time The Contractor must comply with all the time requirements described in this Contract. In the performance of this Master Contract, time is of the essence.

5. Consideration and Payment

5.1 Consideration. The State will pay for all services satisfactorily performed by the Contractor for all Work Order Contracts issued under this Master Contract.

5.1.1 Compensation. The Contractor will be paid [Explain how the Contractor will be paid. For example, “in accordance with the breakdown of costs as set forth in Exhibit D.].

5.1.2 Total obligation. The total obligation of the State for all compensation and reimbursements to the Contractor under this Master Contract will not exceed $ [##]. [This must be the combined total of compensation and travel expenses, if applicable.]

5.2 Payment.

Page 20 of 35 Rev. 07.01.2024

5.2.1 Invoices. The State will promptly pay the Contractor after the Contractor presents an itemized invoice for the goods received or services actually performed, and the State's Authorized Representative accepts the invoiced goods or services. Invoices must be submitted timely and no more frequently than monthly.

5.2.2 Retainage. Under Minn. Stat. § 16C.08, subd. 2 (10), no more than 90 percent of the amount due under this any Work Order Contract may be paid until the final product of the Work Order Contract has been reviewed by the State. The balance due will be paid when the State determines that the Contractor has satisfactorily fulfilled all the terms of the Work Order Contract.

5.2.3 Conditions of payment. All services delivered by the Contractor under a Work Order Contract must be performed to the State’s satisfaction and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Secretary of State. The Contractor will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.

6. Authorized Representative The State's Authorized Representative is [name, title, address, telephone number], or his/her successor or delegate, and has the responsibility to monitor the Contractor’s performance.

The State’s Project Manager will be identified in each Work Order Contract.

Contractor’s Authorized Representative. The Contractor's Authorized Representative is [name, title] at the following business address and telephone number: [insert business address and telephone number], or his/her successor. If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the State.

7. Exhibits The following Exhibits are attached and incorporated into this Contract. In the event of a conflict between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the Contract, and then in the following order:

Exhibit A: Contract Terms Exhibit B: Insurance Terms Exhibit C: Sample Work Order Contract

Page 21 of 35 Rev. 07.01.2024

1. State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05

Print Name:

Signature:

Title: Date:

SWIFT Contract No.

3. State Agency With delegated authority

Print Name:

Title: Date:

2. Contractor The Contractor certifies that the appropriate person has executed the Contract on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances.

Print Name:

Signature:

Title: Date:

4. Commissioner of Administration As delegated to The Office of State Procurement

Print Name:

Title: Date:

Admin ID:

Page 22 of 35 Rev. 07.01.2025

Exhibit A: Contract Terms

Prompt Payment and Invoicing.

1. Prompt Payment. The State will pay the Contractor pursuant to Minn. Stat. § 16A.124, which requires payment within 30 days following receipt of an undisputed invoice, or merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” Notwithstanding the foregoing, the State may pay the Contractor in advance for purchases as allowed pursuant to Minn. Stat.

§16A.065.

The payment for each order will only be made for goods received or services actually performed that have been accepted by the ordering entity, and meet all terms, conditions, and specifications of the Contract and the ordering document.

Assignment, Amendments, Waiver, and Contract Complete.

1. Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Master Contract or any Work Order Contract without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors.

2. Amendments. Any amendment to this Master Contract or any Work Order Contract must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors.

3. Waiver. If the State fails to enforce any provision of this Master Contract or any Work Order Contract, that failure does not waive the provision or its right to enforce it.

4. Contract Complete. This Master Contract and any Work Order Contract contains all negotiations and agreements between the State and the Contractor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

Termination.

1. Termination for Convenience. The State or Commissioner of Administration may cancel this Master Contract and any Work Order Contract at any time, with or without cause, upon 30 days’ written notice to the Contractor. Upon termination for convenience, the Contractor will be entitled to payment, determined on a pro rata basis, for services or goods satisfactorily performed or delivered.

2. Termination for Breach. The State may terminate this Master Contract and any Work Order Contract, with cause, upon 30 days’ written notice to Contractor of the alleged breach and opportunity to cure. If after 30 days, the alleged breach has not been remedied, the State may immediately terminate the Contract.

3. Termination for Insufficient Funding. The State may immediately terminate this Master Contract and any Work Order Contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services addressed within this Contract. Termination must be by written notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that dedicated funds are available. The State will not be assessed any penalty if the Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of funding. This notice will be provided within a reasonable time of the State’s receiving notice.

Page 23 of 35 Rev. 07.01.2025

Force Majeure.

Neither party shall be responsible to the other or considered in default of its obligations within this Master Contract and any Work Order Contract to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable.

Indemnification.

1. In the performance of this Master Contract and any Work Order Contract, the Indemnifying Party must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees incurred by the State, to the extent caused by Indemnifying Party’s:

• Intentional, willful, or negligent acts or omissions; or

• Actions that give rise to strict liability; or

• Breach of contract or warranty.

The Indemnifying Party is defined to include the Contractor,…