RFP.docx
DOCX document 110 KB Posted
- Attached to
- DNR Gitchi Gami State Trail – Tofte Gap Segment
- Solicitation number
- 2000016014
- Issued by
- Cook County, Minnesota
About this file
This document is a Request for Proposal (RFP) issued by the Minnesota Department of Natural Resources (MnDNR) Operations Services Division (OSD) and the Division of Parks and Trails (PAT) for professional engineering services to prepare construction plans and specifications, provide construction inspection, and contract administration services for the Gitchi Gami State Trail (GGST) Tofte Gap Segment in Cook County, Minnesota. The proposed 0.3-mile trail segment will have a 10-ft wide paved surface with 2-ft shoulders and is part of the larger GGST trail system extending from Two Harbors to Grand Marais. Responses to this RFP are due by 2:00 PM Central Time on August 6, 2024. The anticipated contract term is from September 2024 through June 2026, with options to extend up to an additional 3 years.
The RFP outlines the scope of services, key deliverables, and a detailed project schedule. It also includes requirements for the work plan, qualifications and experience, diversity and inclusion efforts, and cost proposal. Evaluation criteria include the work plan (45%), qualifications and experience (20%), diversity and inclusion (5%), and cost (30%), with an additional 12% available for targeted group, economically disadvantaged, or veteran-owned business preferences. The contract will be awarded to the respondent providing the best value to the state.
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Other files
| File | Type | Posted |
|---|---|---|
| DNR_Gitchi_Gami_State_Trail_–_Tofte_Gap_Segment.pdf | ||
| Sample_Contract.docx | DOCX document | |
| Attachment_E_Concept_Alignment.pdf | ||
| RFP_Attachments.docx | DOCX document |
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Text version
State of Minnesota Department of Natural Resources
REQUEST FOR PROPOSAL
Gitchi Gami State Trail – Tofte Gap Segment SWIFT Event # 2000016014 Date Posted: July 16, 2024
· Responses must be received not later than 2:00 PM, Central Time, August 6, 2024
· Late responses will not be considered
Minnesota’s Commitment to Diversity and Inclusion The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.
To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296-2600 or go to the Office of Equity in Procurement home page, at www.mn.gov/admin/oep.
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.
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.
TABLE OF CONTENTS
Solicitation Content
| SECTION 1 – INSTRUCTIONS TO RESPONDERS | 4 |
| SECTION 2 – SUMMARY OF SCOPE | 5 |
| SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION | 11 |
| SECTION 4 – PROPOSAL CONTENT | 12 |
| SECTION 5 – EVALUATION PROCEDURE AND CRITERIA | 13 |
| SECTION 6 – SOLICITATION TERMS | 14 |
Solicitation Attachments
· Attachment A: Responder Declarations
· Attachment B: Exceptions to State's Terms and Conditions
· Attachment C: Cost Detail
· Attachment D: Responder Forms
· Veteran-Owned Preference Form [If Applicable]
· Workforce and Equal Pay Declaration Page [Workforce required if anticipated contract and all extensions exceed $100,0000; Equal Pay required if anticipated contract and all extensions exceed $500,000]
· Attachment E: Concept Alignment Sample Contract
· Exhibit A: Contract Terms
· Exhibit B: Insurance Requirements
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:
Julie Johansen, Contract Officer Department of Natural Resources Julie.johansen@state.mn.us Questions should be emailed to the contact seven (7) days prior to event end date.
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.
SECTION 2 – SUMMARY OF SCOPE
Procurement Overview and Goals.
Project Overview The Minnesota Department of Natural Resources (MnDNR) Operations Services Division (OSD) and the Division of Parks and Trails (PAT) request proposals from interested consulting engineering firms for professional services to perform ALL work necessary to prepare construction plans and specifications, provide construction inspection, and contract administration services for the Gitchi Gami State Trail (GGST) Tofte Gap Segment.
The GGST is a non-motorized paved shared use trail that will ultimately extend from Two Harbors to Grand Marais. This segment is approximately 0.3 miles length and is proposed to have a 10 ft. wide paved top with 2-foot shoulders and an urban type section. This segment of trail will begin at the existing terminus of the Gitchi Gami State Trail at Tofte Homestead Drive. The trail alignment will progress Northeast along T.H. 61 and terminate near the existing terminus at Bayview Drive. It will be constructed within MnDOT highway 61 Right of Way (ROW) and construction leases procured by MnDNR. The trail and commercial road crossing’s must be designed to Minnesota Department of Transportation (MnDOT) and/or American Association of State Highway and Transportation Officials (AASHTO) standards. The proposed trail will utilize the existing MnDOT highway ditch for stormwater drainage. It will be necessary to perform hydrologic and hydraulic calculations to design culverts, drainage structures, catch basins, ditching, and entrance crossings to protect the highway and private property from any drainage issues. The project must meet MnDOT requirements to obtain project permitting. The trail must meet accessibility guidelines throughout the entire segment. This project does not utilize state aid funding. The project will be advertised and bid by the Department of Natural Resources.
All survey and CAD work that the MnDNR has completed will be shared with the awarded consultant.
A. Desired typical trail sections B. Preliminary alignment and profile C. Surveyed ROW line, (Autodesk Format)
An overall summary of the infrastructure requested to be designed is as follows:
· 0.3 miles of 10 ft wide bituminous shared use trail.
· Minor drainage structures, less than 48” in diameter, as necessary
· Major drainage structures greater than 48” in diameter, number subject to change as necessary for permitting.
· Concrete pedestrian ramp, crossing markings, and detectable warning panels to ensure accessibility at all public and commercial road crossings.
· Curb and gutter with catch basin outlets
· At grade crossings of TH 61 as required by MnDOT
· Utility relocations as necessary
Goals It is the goal of this Professional Technical Services Contract to provide preliminary engineering, design engineering, construction engineering, construction quality control, construction contract administration, and final construction documentation such that the Tofte Gap segment of the GGST is constructed within full compliance of the contract documents, Minnesota Department of Transportation Bikeway Facility Design Manual, and MnDNR Trail Planning, Design and Development Guidelines, and all Minnesota Department of Transportation requirements. This contractor shall provide all documentation necessary to construct the project from bidding to close out.
Final project will deliver a high quality, safe, shared use recreational trail to the citizens of Minnesota.
Project Standards
· AASHTO Guide for the Development of Bicycle Facilities, Current Edition
· MnDOT Bikeway Facility Design Manual, Current Edition
· MnDNR Trail Planning, Design and Development Guidelines
· ADA Standards for Accessible Design
Scope of Services and Key Deliverables.
Scope of Services Project Kick Off
1. Meet with MnDNR Project Engineer and MnDNR Parks and Trails staff, meeting can be held virtually or in person at the Two Harbors MnDNR office.
Preliminary Engineering:
1. Perform all tasks necessary to obtain project permitting, including wetland delineation, Technical Evaluation Panel (TEP) Panel Review, United States Army Corps of Engineers (USACOE) and Wetland Conservation Act (WCA) Permitting application, and source wetland mitigation credits if required. Cultural resources reconnaissance survey is in progress by the MnDNR.
2. Identify all permits required to construct project.
a. MnDNR will secure internal MnDNR permits.
b. Assign responsibility for other permits whether MnDNR, consultant, or construction contractors as is typical of the industry. MnDNR will assist in assignment as necessary. MnDNR will sign as the owner the wetland permits required by the US Army Corps of Engineers.
3. Perform geotechnical work necessary for design and construction.
a. Identify areas where rock excavation may be required. Conduct rock probes up to 24” in depth in areas of suspected rock excavation for quantity calculation.
4. Collect topographic field survey information as needed for the following:
a. Trail design
b. Hydraulics on necessary drainage structures
c. Channel and bedrock survey of all major drainage locations (Greater than 48”)
d. Delineate wetlands for a distance of 50 ft on either side of the interface of the concept alignment.
e. Boundary surveys of impacted parcel property lines by a Registered Land Surveyor for property acquisition.
f. All utilities within the project area
g. Note that the area was surveyed by the MnDNR in 2023 for topo and utilities. These survey points will be provided as a .dwg file and can be utilized as needed but should be verified prior to use. The State right of way was surveyed in 2023 and based on maps provided by MnDOT.
5. Design a trail profile with grading corridor within AASHTO Bikeway Standards, with a maximum running grade of 5%.
a. The concept alignment provided in Attachment E of the RFP has the purpose of defining the general corridor of the proposed trail. The engineered alignment can, and may, deviate from this concept alignment within the available right of way to allow the trail to be designed with the standards above.
6. Conduct a 50% walkthrough review of the proposed alignment with the MnDNR prior to moving to the final design phase of preparing contract documents.
a. At the 50% stage of the review, after the walkthrough of the proposed alignment, the MnDNR reserves the right to make one set of alignment modifications for accessibility, wetland avoidance, cultural resources, rare and endangered plants, and resource impact. After the 50% review, project walkthrough, and the set of alignment modifications mentioned above are delivered to the contractor and incorporated, the alignment shall be considered fixed for design purposes.
7. Facilitate and attend Tofte Township coordination meeting to present concept design.
8. Identify and resolve conflicts with existing utilities. Propose relocation options as necessary.
Design Engineering:
1. Submit to MnDNR for MnDOT approval all documents necessary to proceed with the project.
2. Prepare and distribute 50% and 90% plans for review,
a. Prepare cost estimate for each review.
b. Allow MnDNR two weeks for each review.
c. Conduct a review meeting at the end of the review period, if necessary. Meeting remotely via the internet is allowable.
3. Prepare bid documents and final cost estimate so MnDNR can advertise and bid project.
a. Provide technical specifications and/or Special Provisions for construction.
b. Basis for the contract shall be Minnesota Department of Transportation Standard Specifications for Construction, Current Edition.
c. Allow MnDNR two weeks for review and approval.
4. The project will be let thru the MnDNR.
5. Answer Contractor questions during bidding.
6. Prepare all addendums for distribution by MnDNR.
7. Assist as necessary with bid opening and evaluation of bid abstract and recommendation of award.
8. Coordination with MnDOT and revisions necessary to obtain project permitting.
9. Coordination with local sewer district about potential concurrent sewer installation.
10. Coordination with impacted landowners, particularly local resort owners.
Construction Engineering
1. Perform all construction staking. Prepare and deliver a digital file for the use of the contractor during construction.
2. Provide full time Onsite inspection, base hours on construction operations taking place for 50 hours per calendar week for up to 12 weeks.
3. Complete and submit weekly progress reports.
4. Conduct weekly progress meetings with MnDNR and construction contractor.
Construction Quality Control
1. This project will require full time construction observation. For the purposes of providing a uniform cost breakdown amongst respondents, the proposer shall base the inspection hours on construction operations taking place for 50 hours per calendar week for up to 12 weeks.
2. Provide materials testing and monitor test results for compliance with the contract specifications.
a. Schedule all material testing operations with the contractor.
b. Provide for transportation to testing laboratory and MnDOT testing laboratory for all material samples.
c. Notify contractor of non-compliant work and coordinate for remedies/correction.
d. Provide copies of material testing reports.
3. Maintain records documenting the work progress.
4. Collect digital photographs of constructed facilities or key operations to support written documentation.
5. Review, and forward the MnDNR Engineer when appropriate, all required project submittals for approval.
Construction Contract Administration
1. Coordinate with the contractor and all stakeholders to schedule a preconstruction meeting, with tasks to include:
a. Prepare preconstruction meeting agenda and notify attendees.
b. Facilitate preconstruction meeting and keep minutes.
c. Distribute copies of meeting minutes to attendees and key stakeholders.
d. Receive and route all submittals for the project.
2. Provide for full tracking of material utilization, partial payment preparation, and final payment preparation.
a. Actively track and monitor all material utilization and accounting of materials used on the project.
b. Prepare monthly estimates of completed work for partial progress payments. Submit estimates to the MnDNR for approval and processing.
c. Prepare change order and supplemental agreement forms and submit to the MnDNR for processing.
d. Prepare Final Payment based on the computed quantities of work completed.
3. Prepare agendas, facilitate progress meetings, and prepare regular meeting minutes.
a. Conduct virtual weekly construction meetings with the MnDNR, contractor, and stakeholders during active construction.
b. Communicate regularly with the Contractor to monitor changed field conditions and identify potential change orders or supplemental agreements.
c. Communicate promptly and regularly with the MnDNR Engineer to keep informed of current change orders or supplemental agreements.
d. Conduct the following special onsite meetings: Utility Locate Meeting prior to excavation, Pre-installation meetings for native seeding and bituminous operations.
4. Perform all work necessary to ensure the construction contractor follows Federal and State Prevailing Wage requirements.
a. Receive with pay applications copies of certified payrolls from construction contractor.
b. Conduct reviews, payroll tracking, payroll documentation, field interviews, and all else necessary to meet Federal and State requirements.
5. Identify occurrences of unforeseen events, changed field conditions, or design inconsistencies. Evaluate these situations based on the contract documents. When appropriate, obtain cost proposals from the Contractor and provide recommendations to the MnDNR to adjust the construction work.
6. Perform Final inspection, recommend final payment.
7. Prepare and sign Certificate of Substantial Completion for MnDNR and Contractor to sign.
Final Construction Documentation
1. Submit final quantities to the contractor for review within four weeks after final inspection. Perform final inspections and prepare a punch list for final approval.
2. Perform a record survey of the trail when construction is completed.
a. The record survey will identify the following features: slope toes, center of trail & road, elevation profile of trail & road, and culvert pipes.
b. Provide an electronic copy of the record survey in AutoCAD format.
c. Place all redline field notes electronically on record survey.
d. Provide 11 x17 paper hardcopy drawings of the record survey.
3. Provide copies of correspondence, meeting minutes, contract changes, materials' test reports, quantity calculations, diaries, reports, certifications, pay requests, MnDOT finals forms, "redline" plans depicting field changes, and project close out.
4. Assist the project manager in closeout documentation.
5. Prepare National Pollutant Discharge Elimination System (NPDES) Notice of Termination for MnDNR signature.
Key Deliverables
1. Wetland Delineation report with impacts of individual wetlands.
2. Bid Documents, in pdf format for advertising.
a. Complete final construction plans on 11” x 17” signed and certified by an Engineer Licensed in Minnesota and signed by all other approving entities in the MnDNR and MnDOT.
b. Complete final specifications/special provisions and proposal (MS Word).
c. Electronic copy of bid documents; drawings in AutoCAD Civil 3D, version 2023.
3. Electronic copy of work reports, change orders, payments, and all correspondence during construction.
4. As-built drawings on 11” x 17” certified by the Project Engineer. Required in hard and electronic format.
a. Electronic format must be AutoCAD Civil 3D, version 2023.
5. Final project documentation for project closeout. Provide in electronic format.
Project Schedule
1. The contract will commence upon full execution of the contract documents and issuance of the Notice to Proceed. For Work Plan and Gant Chart preparation, assume the contract will be executed by September 1, 2024.
2. Kickoff meeting within 10 days of notice to proceed (NTP).
3. Wetland delineation report submitted to the MnDNR by October 31, 2024.
4. 50% review submitted to MnDNR by December 1, 2024.
a. Allow for two-week review.
b. Start MnDOT Limited Use Permit (LUP) application.
5. 90% review submitted to MnDNR by February 1, 2025.
a. Allow for two-week review.
6. Final plans submitted to MnDNR by March 25, 2025.
7. Bid documents complete by May 1, 2025.
8. Anticipated Project Bid on May 20, 2025.
9. Construction completed by October 31, 2025.
SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION
1. Anticipated Contract Term.
The term of this contract is anticipated to be from September 2024 – June 2026 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.
Additional Tasks or Activities.
Responders are encouraged to propose additional tasks, activities, or goods above and beyond the scope of what is requested in this solicitation if they will substantially improve the results of this procurement. Any costs associated with these additional tasks, activities, or goods should be clearly marked and separated from costs associated with the tasks, activities, or goods specifically requested under this solicitation. Because cost is a factor in the evaluation of responses to this solicitation, failure to separate costs for additional tasks, activities, or goods may result in those costs being included in a responder's cost proposal and result in a lower cost score for that proposal.
SECTION 4 – PROPOSAL CONTENT
Please submit the following information:
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, as well as the basis for invoicing. This document should NOT list cost detail. If cost detail is included in this document, the State may disqualify the proposal as non-responsive. Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract, and what makes the Responder uniquely suited for this work.
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. 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.
Work is to be performed by or under the direct supervision of an engineer licensed to practice in the State of Minnesota.
Diversity, Equity, and Inclusion.
· Describe how responder’s policies and practices promote diversity, equity, and inclusion in areas such as:
· hiring practices,
· subcontracting, etc.
· Detail the responder’s demographic breakdown and any other information pertinent to efforts in this area.
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. Veteran-Owned Preference Form (If Applicable)
b. Workforce and Equal Pay Declaration Page (Workforce required if anticipated contract and all extensions exceed $100,0000; Equal Pay required if anticipated contract and all extensions exceed $500,000)
DO NOT INCLUDE Non-Public/Trade Secret data (as defined by Minn. Stat. § 13.37).
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:
· Responses must be received by the due date and time specified in this RFP.
Phase 2 - Evaluate Responses Only those responses found to have met Phase 1 criteria will be considered in Phase 2.
The factors and weighting on which responses will be evaluated are:
| 1. Work Plan for Deliverables | 450 points |
| 2. Qualifications and Experience | 200 points |
| 3. Diversity, Equity & Inclusion | 50 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.
Phase 3 - Select Finalist(s) Only those responses that have been evaluated under Phase 2 shall be eligible for Phase 3.
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 21, 2024.
SECTION 6 – SOLICITATION TERMS
1. 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.
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 Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37.
In the event trade secret data are submitted, Responder must defend any action seeking release of data it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the State in favor of the party requesting the data, and any and all costs connected with that defense.
The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.
A responder may present and discuss trade secret information during an interview or demonstration with the State, if applicable.
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 651.296.2600.
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.
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