RFP-_Final.docx

State of Minnesota Minnesota Department of Natural Resources

REQUEST FOR PROPOSAL

Magazine fulfillment services for Minnesota Conservation Volunteer Magazine SWIFT Event #2000018474 Date Posted: August 17, 2026

· Responses must be received not later than 2:00PM, Central Time, September 09, 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.

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/.

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

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: Fiscal Year 2026 MCV Fulfillment Counts

· Attachment G: Sample Data Sharing Agreement

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

· Exhibit C: Specifications, Duties, and Scope of Work

· Exhibit D: Pricing

SECTION 1 – INSTRUCTIONS TO RESPONDERS

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

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

How to Ask Questions

The contact person for questions is:

Charles Schuman, Contract Officer Department of Natural Resources charles.schuman@state.mn.us Questions should be emailed to the contact by September 02, 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.

SECTION 2 – SUMMARY OF SCOPE

Procurement Overview and Goals.

This is a Request for Proposal to contract with the Minnesota Department of Natural Resources (DNR or Publisher) to perform magazine fulfillment services for Minnesota Conservation Volunteer (MCV) magazine.

Minnesota Conservation Volunteer magazine is an 86-year-old award-winning magazine published by the Department of Natural Resources for the State of Minnesota. This nonprofit, digest-sized, bimonthly publication is mailed to residents of Minnesota, schools, and state agencies. However, as the magazine is solely dependent on contributions for support, there are active campaigns to solicit reader support through annual contributions. The publisher needs the flexibility to set rules for contributing readers, non-contributing readers, gift subscriptions, bulk subscriptions, renewal notices and donor acknowledgement notices. The publisher is seeking proposals from companies who can provide a solution to the unique magazine fulfillment operations of the magazine Goals Full-service magazine fulfillment services for Minnesota Conservation Volunteer, Minnesota Department of Natural Resources, including data entry, donation/payment processing, customer service, lettershop, e-commerce, and marketing reports.

Tasks and Deliverables.

POSTAGE COSTS AND ADVISORY:

· The Responder will mail regular and gift renewal notices, an annual holiday renewal, back issues requests, regular donor acknowledgement letters and gift acknowledgment letters with the gift card sets using the best postal sortation possible such as co-mingling with other mailers. If needed, the DNR can pay for an estimated one month’s postage in advance. Each invoice will reconcile actual postage used against the postage estimate.

· The Responder will pro-actively communicate changes concerning postal regulations to the MCV authorized representative. Changes may affect the overall cost as well as provide savings (i.e., address change services (ACS) processing, intelligent mail bar-code on ink jet labels, etc).

DEADLINES/DEFAULT:

· An annual label run and renewal schedule will be provided by MCV authorized representative. Responder will review and confirm the ability to meet the due dates and deadlines stated in this schedule.

· Service levels for data entry and mailings shall be upon mutual agreement of the MCV authorized representative and the Responder. The Responder shall meet all data entry, mail schedule, and established performance standards. If more than three service performance standards are missed in any 90-day period, a charge of $2,500 per month will be imposed until the agreed upon deadlines have been met.

· Responder liability: The Responder shall be liable for lost or damaged records, magazines, or other MCV products in storage. The Responder shall make full restitution for damages. Payments will not be made for monthly services until the DNR receives restitution.

ORDER ENTRY SERVICES INTO RESPONDERS DATABASE:

· Overview: The Responder will receive most orders, donations, cancellation requests and address changes for MCV. These orders may arrive at the designated PO Box at the local post office of the Responder or via email, telephone, or from online order pages. Orders and donations still arrive at the MCV office. The checks will be processed by DNR and the orders will be forwarded to Responder for data entry. All credit card orders must be processed daily. All orders received by mail must be entered within two business days of receipt. During key times of year (October - December and before address files are sent to the printer), all transactions should be processed as soon as possible to meet these deadlines. For charitable tax deduction purposes all transactions received before year-end (December 31) should be processed with a payment date for the year received, so that donor acknowledgements are processed correctly. There will also be a cutoff date for data entry before an address file is sent to the printer for the main and supplemental mailings of the magazine.

· Services: The Responder will provide accurate entry of names, addresses, email addresses, telephone numbers, credit card information/payment information, customer record ID #, and other standard subscriber fields. There will also be unique demographic and data fields, as specified by MCV, which could include, but not limited to, the following: birth year, outdoor interest, category, subscriber types, opt out flag to not receive the magazine, reinstated date after cancellation, anonymous donor flag, first donation date, most recent donation date and amount, total donation amount, honoree coding (memorial or living honor) with honoree and ‘contributed by’ names, etc.

· Data retention and ownership: Contents of all disks, films, computer media, and other materials provided to the Responder for services for MCV shall remain the property of the DNR, and shall be archived and returned at the DNR’s request or at the end or termination of the Contract.

Note: Awarded responder will be required to sign a data sharing agreement with the State prior to contract execution. See Attachment G (Sample Data Sharing Agreement)

The Responder will store customer records in a searchable and retrievable electronic format. Records may need to be accessed for postal or other audits, and contributions must be linked to payment source so that proof of payment and customer-order information can be retrieved together. Responder must retain all records (paper, email, and electronic) for four years plus current year.

· Responder liability: The Responder will be liable for all expenses to notify subscribers of any data breach. In the case of breaches involving credit card data or other personal financial data, the Responder shall also pay for credit monitoring services for each customer affected by the breach for three years after the breach. The Responder will make full restitution for damages. Payments will not be made for monthly services until the DNR receives restitution.

· Schedule/forecasting: The Responder will meet a monthly schedule for order entry, special processing, daily deposits, credit card processing, donor recognition/acknowledgement mailings/lists, and delivery of activity reports. An annual schedule to meet this requirement shall be reached by the mutual agreement of the Responder and MCV.

· Seasonality & order fluctuations: The Responder will accommodate uneven order entry and donor recognition timelines. Data entry volumes for contributions can range from approximately 2,000 orders per month to 7,000 per month (average 4200 per month). This includes a large number of gift subscription orders with multiple gift recipients during the holiday season (November to mid-January).

WEB SERVICES:

· The Responder will house e-commerce web order forms on their server to receive web orders directly. Customers of MCV must be able to subscribe without donating, donate one-time, monthly (recurring), auto-renew annual donations, renew their subscriptions, give gift subscriptions, order classroom/bulk subscriptions, report missing or damaged issues, update credit card information for a recurring and auto-renew account, and change their addresses on self-service web pages.

· All web pages must provide secure e-commerce and be Payment Card Industry (PCI) compliant.

· All transactions on these web page will trigger an automatic popup confirming the transaction and then a “Thank You” email will be deployed when donations are made.

· Web pages must be accessible to people with disabilities throughout the life of the contract. Specifically, they must be in compliance with Section 508 of the Rehabilitation Act of 1973, which includes the Web Content Accessibility Guidelines (WCAG) 2.1, level A and AA. Responders are encouraged to reference Minnesota IT Services website for information and instructions on meeting the State’s Accessibility Standards.

· If any issues arise due to nonconformance with the above-mentioned Accessibility Standards, the Responder agrees to provide alternative solutions upon request at no additional charge to the DNR.

ACCOUNT RECEIVABLE SERVICES:

· Bank deposits: Checks and cash accepted by the Responder will be deposited into a State-owned bank account. Checks will be endorsed, scanned, and deposited to the State-owned bank account DAILY per agreed-upon process. The Responder will balance all payments received and prepare a daily bank deposit as required per State of Minnesota statute M.S. 16A.275. Responder will provide a file with deposit and payment detail data to be transmitted to MCV daily. The DNR may require a unique file specification (file name, specific numbering scheme, etc). The file format will be agreed upon by the DNR and Responder. Approximately 40,000 checks are received annually.

· Responder must be PCI compliant for credit card processing and follow all Local, State, and Federal requirements. Responder will allow credit card payments from State authorized providers, currently VISA, MasterCard, Discover, and American Express. Credit card payments will be processed using the DNR’s merchant account (Evalon) and approved verification service (Authorize.net). Daily credit card reports that have been reconciled will be provided to MCV. Credit card data will be transferred daily upon completion of deposit; Responder will provide a file with data to be transmitted. The file format to be agreed upon by MCV and Responder. Costs associated with credit card sales processed by the MCV’s contracted virtual terminal and bank shall be borne by the MCV. Monthly summaries, which include any adjustments made for rejected credit card orders or refunds, will also be provided to MCV.

· Credit card payments accepted by MCV staff will be processed using the DNR’s internal merchant account and approved verification service and forwarded to Responder for data entry.

· Approximately 10,000 credit card orders are processed annually.

· Within 24 hours, deliver via insured overnight courier service any donation payments equal to or greater than $10,000 that are sent to the Responder. Notify MCV immediately should such a payment arrive because the DNR requires a gift acceptance voucher.

· Numerous companies match employee contributions or allow employee giving to MCV. These matching gift contributions should be processed as received

· Work closely with MCV representative to process any money received as a result of an estate, grant, etc.

WAREHOUSE REQUIREMENTS:

· The Responder will provide storage of letterheads, envelopes, gift card components, documents, magazines, and other MCV property. Total storage will not exceed two pallets. When storage exceeds two pallets, items in excess will be shipped to MCV offices, at MCV’s expense.

· The Responder will provide all services required to send replacement copies or sample copies of MCV.

· The Responder will provide for and be liable for the safe storage of documents, magazines, promotional materials, and other items as required to provide services to MCV. After the end, cancellation, or termination of the Contract, the Responder will return all materials requested by MCV without an additional labor charge. MCV will pay for freight or postage necessary to return materials.

· The Responder will be liable for lost or damaged records, magazines, or other MCV products in storage. The Responder will make full restitution for damages. Payments will not be made for monthly services until the MCV receives restitution.

· The Responder will meet a schedule and service requirements agreements for the mailing of weekly donor acknowledgements, weekly renewal promotions and replacement/sample magazines.

CUSTOMER SERVICE REQUIREMENTS FOR MINNESOTA CONSERVATION VOLUNTEER MAGAZINE:

· The Responder will provide access to customer files for look-up in the MCV office.

· The Responder will answer telephone, postal mail, and email inquiries from customers. The Responder will maintain PCI-compliant, accessible internet order pages to receive online contributions and self-service customer transactions such as gift subscriptions, address corrections, renewals, and missing or damaged issue complaints.

· The Responder will allow the representative from MCV to listen to customer service calls, or Responder to provide recordings of conversations when requested.

· The Responder will provide copies of all email correspondence. The Responder will forward all phone calls that are outside their services. Emails for inquiries that are not handled by the Responder will be forwarded the same business day they are received to MCV staff.

· The Responder will provide a report of all phone calls and emails received during each month.

· The Responder will notify MCV of any unusual customer service activity, such as higher-than-normal volumes of damaged issue reports, or complaints of website problems.

BACK ISSUE FULFILLMENT SERVICES:

· The Responder will replace issues reported as damaged or missing by customers. The magazines requested will be placed in an envelope provided by MCV and mailed by the next business day.

· As each new issue arrives at the Responder’s facility, the remaining copies of that issue from 12 months ago will be destroyed unless MCV staff requests they be sent return to MCV, at the magazine’s expense. Responder will keep a 1 years’ worth of issues (6 issues) on hand, ie: when May-June 2026 copy arrives, the May-June 2025 issue is destroyed/ recycled.

MAGAZINE LABEL & SUBSCRIBER SERVICES:

· Create magazine address file and send via ftp or upload to designated site of publication printer as directed by MCV. Responder will be provided with an annual production schedule for six bi-monthly issues.

· Provide capability to split address file based on location, number of copies, subscriber donation history or other criteria. This would allow MCV the ability to have two different campaign cover wraps on the magazine and provide labels for US, Canadian, foreign, bulk & special orders.

· Provide files to printer for supplemental label runs between main label runs as directed by MCV staff.

· Provide National Change of Address (NCOA) services for subscription file.

· Facilitate Address Change Service/Address Element Correction (ACS/AEC) programs with USPS and apply address changes to subscription file.

· Maintain expiration date for subscribers and remove and add subscribers based on criteria provided by MCV.

· Link gift donor (Bill To account) to gift recipient in file, both for subscribing and non-subscribing donors.

· Provide demographic information determined by MCV staff for each account.

· Maintain single-copy, bulk-copy, and snowbird subscription records.

· Provide reporting capability to MCV to run ad hoc queries and customer list selections in real time, such as list of active emails, current donors, or donors with date of last donation, or by multiple demographics (such as category, type, expire issue, etc.). An example is a list of all donors within a given timeframe to be acknowledged in the magazine or the annual report. Results should be downloadable in Excel and/or PDF format.

· Produce reports upon request, by established schedule, or provide remote online access to reports, including: label reports, financial reports, renewal reports, promotion reports, production reports.

· Provide export files to MCV with the information needed for magazine “Thank You” donor listings and annual report. Other ad hoc files as requested.

PROMOTION SERVICES:

· Using plain white stock and supplied outer and reply envelopes, the Responder shall address, insert, and mail regular and gift renewal notices when requested by MCV. These will be mailed as nonprofit standard pieces and enter into US postal system for delivery to subscribers.

· Using supplied stock (forms, reply envelopes and outer envelopes) for this project, the Responder shall address, insert, and mail an annual holiday gift renewal notice when requested by MCV. These will be mailed as nonprofit standard pieces and enter into US postal system for delivery to subscribers.

· The Responder will create weekly contribution acknowledgement files for 1) donations of $49 or less, 2) donations of $50 - $249, 3) records giving gifts, 4) recurring payments, and 5) donations (regular and gift) $250 or more.

· Using supplied stock (letterhead and envelopes), the Responder will create, insert and mail contribution acknowledgement letters on a weekly basis. Create letters to donors that act as official tax receipts in addition to thanking them for their contribution. Letters must state amount given, payment date, name & address of donor, and other data specific to their contribution (memorial, living honor, anonymous, etc). Acknowledgements are mailed first class.

· The Responder will address, insert and mail gift acknowledgement letters, with gift card sets on a weekly basis and more frequently in December for the holidays. There will be a regular gift card to use from January-October and a holiday gift card to use with November & December gift acknowledgement letters.

· The Responder will deploy regular and gift renewal eblasts as scheduled by MCV.

· The Responder will deploy marketing eblasts as scheduled by MCV. Approximately 15-20 per year.

· If needed, MCV can maintain an estimated one-month advance deposit of postage for purposes of paying for co-mingled renewal notices, acknowledgement letters, and gift cards and Responder will bill MCV for actual postage used on a monthly basis.

CONTRACT PRICING:

· With the exception of postage and freight, prices shall be firm for the initial two-year term of the Contract. After the initial two-year term of the Contract, escalation of the overall Contract may be allowed based up demonstrable industry-wide or regional increase in the Responder’s costs such as mandated minimum wage increases. Any increase after the two years will be negotiated. The amount of any increase is not to exceed ten (10) percent for any commodity/service over the life of the Contract.

Attached to this Request for Proposal are the MCV fulfillment counts from Fiscal Year 26 (Attachment F).

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from January 2027 to January 2029, 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:

Service Levels. Provide how much time it takes for normal service levels such as document processing time from receipt to deposit, mailing replacement/back issue copies, mailing contribution acknowledgement letters, renewal letters, etc.

Reporting Capabilities. Provide examples of access to subscriber information: viewing customer data; financial standard reports (bank deposits, postage costs, marketing, donation history, etc.); subscriber standard reports (data entry process, warehouse inventory, proof of mailing, marketing); ad hoc reporting capabilities including ability to download customer data in Excel or equivalent format; describe how reports & data are accessed (email, web portal, etc.)

Provide samples of renewal efforts and average response rates Banking Services. Provide information regarding the process used to make check deposits into State bank (US Bank) including Image Cash Letter (ICL), if applicable. If ICL isn’t possible, supply information regarding your preferred method of depositing checks daily.

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.

References. Responder should complete and submit “Attachment E: Reference Form” with their response. Responder should submit (2) 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.

Responder must complete and submit “Attachment E: Reference Form” with their response. Responder should answer every question and provide all information requested on the reference form. Failure to meet this requirement may result in the rejection of the entire solicitation response as non-responsive.

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.

Accessibility of Services or Products. Please describe your approach to ensuring your web services will be digitally accessible. (e.g., strategy, tools, design, testing, ongoing validation).

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

5. Attachment E: Reference Form

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.

· Responder must submit (2) completed reference forms 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:

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 September 30, 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:

(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

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 651.201.2402.

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.

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