RFP_Florida_Creek_Stream_Restoration.docx

State of Minnesota Natural Resources

REQUEST FOR PROPOSAL

Florida Creek Stream Restoration SWIFT Event #2000015362 Date Posted: February 15, 2024

· Responses must be received not later than 2:00 P.M., Central Time, March 19, 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

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]

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

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

· Exhibit D: Pricing

· Exhibit E: Plan Sheets

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:

Monica Hanson, Contract Officer Department of Natural Resources monica.hanson@state.mn.us Questions should be emailed to the contact by one week prior to 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 (DNR) Operations Services Division (OSD) and the Division of Fish and Wildlife (FAW) 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 Florida Creek Stream Restoration project.

The Florida Creek Stream Restoration Project is a partnership between Lac qui Parle Soil and Water Conservation District (SWCD), Lac qui Parle - Yellow Bank Watershed District, and DNR. The project proposes restoring up to approximately 11.2 miles of stream to abandoned channels within the Florida Creek floodplain, primarily by reconnecting the stream to former channels. The project area includes land owned by DNR, US Fish and Wildlife Service (USFWS), and multiple private landowners.

The restoration is anticipated to include the following major elements:

· Channel plugs

· Channel excavation

· Site grading

· Channel grade stabilization structures

· Road crossing modifications

· Streambank stabilization

· Erosion and sediment control

· Vegetation restoration

The DNR has completed a conceptual design for the project, including a floodplain analysis for the proposed design. All available survey and CAD work will be shared with the selected consultant.

The selected consultant will be expected to work closely with the Project Team, which will include representatives from the partnership agencies.

The project will be advertised and bid by DNR.

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 stream restoration project is constructed within compliance of the contract documents. The project should be designed and constructed using established standards of practice, including Natural Channel Design and engineering principals, to restore ecological structure, function, and channel stability (dynamic) to the stream. The project will be completed working in close collaboration with the Project Team.

Sample Tasks and Deliverables

Preliminary Engineering

1. Project kick-off

a. Meet with the Project Team. The meeting will be in Madison, MN with a site visit following the meeting.

b. Review existing information collected by the DNR.

c. Review conceptual design work completed by DNR.

d. Review project goals.

2. Site Assessment

a. Complete a site visit(s) with the Project Team to observe and document existing conditions.

· The DNR will provide topographic survey data collected.

· The consultant will review the provided survey data, identify, and collect any additional survey needs.

b. Complete a geomorphic assessment of Florida Creek within and adjacent to the project site.

· The DNR will provide existing geomorphic survey data. The consultant will collect additional data as necessary.

· Coordinate schedule to allow opportunity for key DNR staff to be present during field work.

c. Develop a restoration approach in collaboration with the Project Team based on the findings of the site visit, geomorphic assessment, hydrologic and hydraulic analysis, and conceptual design.

d. Prepare a draft Design Recommendation Report (DRR) for review and comment.

· Allow ten (10) business days for review.

3. Conceptual Design & Design Recommendation Report

a. Hold regular (every two weeks) online meetings with the design team.

b. Prepare a final Design Recommendation Report based on the comments received on the draft. It is expected that the final DRR will be developed in collaboration with the DNR Project Team.

c. The DRR will be the basis for the design. The DRR shall include:

· Restoration Objectives

· Geomorphic survey results

· Hydrologic model results (if required)

· Hydraulic model results

· CAD drawings

· Analysis of drag, dynamic, shear, moment force, and buoyancy forces

· Analysis of the use of wood, rock riffles, rock weirs and other included restoration practices

· Assumptions used in Formulation of Recommended Design

· Permitting Requirements

· National Pollution Discharge Elimination System (NPDES) permit requirements

· Construction Season Feasibility

· Local and Non-governmental Land Use requirements

· Engineer’s Opinion of Probable Cost

· Allow ten (10) business days for review by the Project Team. The DNR shall provide one (1) written set of comments to the consultant.

d. Prepare Conceptual Design (30%) documents for review by the Project Team

· Include conceptual plans and estimate of probable cost.

· Conduct one Conceptual Review meeting with the Project Team.

· Allow fifteen (15) business days for review by the Project Team. The DNR shall provide one (1) written set of comments to the consultant.

Design Engineering

4. Preliminary Design

a. Hold regular (every other week) online meetings with the design team.

b. Complete hydrologic and hydraulic analysis.

· The DNR will provide HEC-RAS modeling completed as part of the conceptual design.

· The Consultant will review the DNR’s model and complete any changes or updates required.

· Prepare FEMA no-rise certificate.

c. Prepare preliminary engineering design plans in close collaboration with the Project Team. Include plan and profile of the restored stream, a grading plan, design details, estimated quantities, erosion control plans, and typical cross-sections, construction limits, access, and staging areas and OHWL.

d. The Consultant shall delineate the construction limits and the OHWL on the construction plan set. The Consultant shall provide the area of disturbance in acres for the purposes of the NPDES program.

e. Complete wetland delineation of project area.

f. Coordinate the project SWPPP documents in accordance with Minnesota Pollution Control Agency (MPCA) requirements.

· Participate in informal Microsoft Teams SWPPP review meeting with DNR & MPCA.

g. Provide partial written specifications. The DNR will provide Division 00 and 01 Specifications to the consultant to be used in drafting project specifications.

h. Prepare a detailed opinion of probable cost.

i. Prepare a local and native vegetation restoration seeding plan in consultation with the Project Team.

j. Prepare preliminary Design Documentation Report (DDR). The DDR is a continuation of the DRR prepared during preliminary engineering.

k. Provide CAD drawings, models, and calculations for review. Prepare minutes of the meetings and distribute to Project Team.

l. Identify necessary easements and other necessary land use agreements. DNR and/or Local Government Units (LGUs) will secure the agreements.

m. Provide information necessary to complete all permit applications. The DNR will apply for permits using information provided by the consultant.

n. Review the Environmental Assessment Worksheet (EAW) to be completed by the DNR.

o. DNR will complete required cultural and natural resource reviews.

p. Prepare Preliminary Design (60%) documents for review by the Project Team

· Conduct one preliminary review meeting with the Project Team.

· Allow fifteen (15) business days for review by the Project Team. The DNR shall provide one (1) written set of comments to the consultant.

5. Final Design Documents

a. Hold regular (every other week) online meetings with the design team.

b. Consolidate all preliminary design review comments and results of permit review into a final construction document set.

c. Provide final written specifications. The DNR will provide Division 00 and 01 specifications.

d. Prepare Final Design Documentation Report.

e. Prepare Final Design (95%) documents for review by the Project Team

· Conduct one Final Review meeting with the Project Team.

· Allow ten (10) business days for review by the Project Team. The DNR shall provide one (1) written set of comments to the consultant.

6. Construction Documents

a. Project Manual documents shall include signed project plans by a registered engineer in the State of Minnesota and written specifications.

b. Documentation of all necessary permits.

c. Provide final construction cost estimate.

d. Project Manual shall be signed and delivered in PDF format.

e. All models and electronic design files shall be available upon request.

Bidding and Construction Engineering

7. Bidding

a. The DNR will advertise and bid the project.

b. Consultant will prepare responses to all bid questions.

c. DNR will Prepare addenda to the plans and specifications as necessary.

d. Recommend bid award.

8. Construction Engineering

a. Complete and submit weekly progress reports.

b. Conduct weekly progress meeting with the Project Team and construction contractor during active construction. Meeting shall be onsite with a virtual option for those who cannot attend in person.

· Prepare agenda and take minutes of the meeting.

c. Construction contractor is responsible for construction staking and layout. Consultant will be responsible to verify contractors’ grades to ensure compliance with the Project Manual.

d. Contractor’s operations do not extend beyond the construction limits shown in the plans and disturb or encroach on wetlands, public waters, and archeological sites.

9. Construction Contract Administration

a. The Consultant shall provide consulting services and act as a representative to the State through the Construction Phase of the project. Unless otherwise directed by the State’s Authorized Representative, the Consultant shall have the authority to act on behalf of the State to the extent provided in the AIA General Conditions of construction contracts as modified by the State and incorporated by reference, and in accordance with the duties of this Contract.

b. The Construction Phase shall commence with the written authorization and direction to proceed given by the State’s authorized representative when the official Notice to Proceed is issued to the successful construction bidder(s).

c. The Consultant shall administer the construction contracts in accordance with the provisions of the Construction Documents.

d. Coordinate with the DNR, contractor and all stakeholders to schedule a preconstruction meeting.

e. Provide for full tracking of material utilization, partial payment preparation, and final payment preparation.

· Actively track and monitor all material utilization and accounting of materials used on the project.

· Prepare monthly estimates of completed work for partial progress payments. Submit estimates to the DNR for approval and processing.

· Prepare Final Payment based on the computed quantities of work completed.

f. Prepare agendas, facilitate progress meetings, and prepare regular meeting minutes.

· Conduct weekly construction meetings with the DNR, contractor, and stakeholders during active construction.

· Communicate promptly and regularly with the DNR Engineer to keep them informed of current change orders or supplemental agreements.

· Conduct the following special onsite meetings: Utility Locate Meeting prior to excavation, Pre-installation meetings for native seeding.

10. Construction Quality Control

a. This project will require frequent construction observation during all construction operations. Assume 32 hours onsite per week for 16 weeks.

b. Responsibility. The Consultant shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the construction work and shall not be responsible for the construction contractor’s failure to carry out the work in accordance with the Construction Documents. The Consultant shall:

· Observe, evaluate, record, and inform the State of the progress and quality of the construction work and determine if the work is proceeding in accordance with the Construction Documents.

· Notify contractor of non-compliant work and coordinate for remedies and correction.

· Identify deficiencies in construction work and notify the construction contractor and the DNR in writing promptly when the Consultant observes a deficiency or failure to execute the construction work in accordance with the Construction Documents.

· Inform the DNR when, in its opinion, the work should be stopped. Authority to stop work shall remain with the DNR.

c. Critical construction elements and placement of structures shall be constructed with direct oversight of Neil Haugerud MN DNR or his designee. The contractor shall work closely with DNR staff to prevent schedule conflicts.

d. Maintain records documenting work progress.

e. Collect digital photographs of constructed facilities or key operations to support written documentation. Review, and forward to the DNR Engineer when appropriate, all required project submittals for approval.

f. Change to the Work. The Consultant shall prepare all reasonable changes to the Construction Documents as required for the successful completion of the project as requested by the DNR. The Consultant shall notify the DNR of additional services, if any, required by the DNR’s request. The Consultant shall:

· Communicate regularly with the Contractor to monitor changed field conditions and identify potential change orders or supplemental agreements.

· Prepare change order and supplemental agreement forms and submit to the DNR for processing.

· Obtain the DNR’s written approval on all construction contract changes prior to communicating the change to the construction contractor and prior to the execution of the change order or supplemental agreement.

· Communicate all construction contract changes to the construction contractor in writing via a written order in a form prescribed by the DNR.

· Review construction contractor and subcontractor pricing to ensure labor and material costs are submitted in units of labor, units of materials, and cost or price of units to ensure overhead and profit percentages are in accordance with the terms of the construction contract.

· Review, analyze, and communicate to the DNR all construction contractor claims and costs, including delay claims and associated costs.

g. 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 DNR to adjust the construction work.

11. Final Construction Documentation

a. Perform a substantial completion inspection with the Project Team and Contractor.

· Prepare a substantial completion punch list.

· Prepare a Certificate of Substantial Completion

b. Perform a final completion inspection with the Project Team and Contractor.

· Prepare a punch list (if necessary) for final approval.

c. Submit final quantities for review within two weeks after final inspection.

d. Provide copies of correspondence, meeting minutes, contract changes, materials' test reports, quantity calculations, diaries, reports, certifications, pay requests, and project close out.

e. Monitor NDPES compliance during vegetation establishment.

f. Prepare NPDES Notice of Termination documentation.

g. Conduct drone flights to capture georeferenced imagery, video, and still photos.

· Photos – 12 megapixel (MP) minimum resolution, 20 MP preferred.

· Video – Captured in 4K resolution. Edited videos delivered in 1080p.

· Conduct one fight at end of construction to document as-built conditions.

· Conduct a second flight at the time of NPDES permit termination.

Key Deliverables:

1. Design Recommendation Report

2. Wetland delineation report with impacts to individual wetlands.

3. 30%, 60%, and 95% design review documents.

4. 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.

b. Complete final specifications/special provisions and proposal (MS Word).

c. Electronic copy of bid documents; drawings in AutoCAD Civil 3D, version 2021 format.

d. Permit application data

5. Electronic copy of work reports, change orders, payments, photos, and all correspondence during construction.

6. High resolution drone imagery, video, and still photos.

7. As-built drawings on 11” x 17” certified by the Project Engineer. Required in electronic format.

a. Electronic format must be AutoCAD Civil 3D (version 2021 or later) and pdf.

8. Electronic design calculations and hydrologic and hydraulic models.

9. Design Documentation Report

10. Final project documentation for project closeout. Provide in electronic format.

Project Schedule

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from April 2024 to December 2026, with the option to extend up to an additional 2 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.

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)

c. Equal Pay Certificate Form (If Proposal Exceeds $500,000, Including Extension Options)

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:

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 April 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.

Rev. July 2023

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