Minnesota Department of Human Services Behavioral Health Administration

Request for Proposals for a Contractor to Provide Working Group Facilitation, Project Management, and Implementation Support for Minnesota’s 1115 Reentry Demonstration Waiver

Date of Publication in SWIFT: September 10, 2026 Americans with Disabilities Act (ADA) Statement:

This information is available in accessible formats for people with disabilities by calling 651-431-3612 or by using your preferred relay service. For other information on disability rights and protections, contact your agency’s Americans with Disabilities Act (ADA) coordinator.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 www.mmd.admin.state.mn.us/mn02001.htm.

PT RFP (PT201) Rev. 7.9.2024

Contents

APPENDIX A: SAMPLE PROFESSIONAL TECHNICAL CONTRACT

RFP Summary

Important Dates:

RFP Published: September 10, 2026 Questions Due: September 23, 2026 Proposals Due: SWIFT EVENT END

Anticipated Selection of Successful Responder(s): November 30, 2026 Anticipated Start of Contract: February 1, 2027 Anticipated End of Contract: June 30, 2028 Anticipated Extensions: up to 5 years

State Contact: Alissa Hawks, alissa.hawks@state.mn.us

1. Introduction

1.1 Objective of RFP

The Minnesota Department of Human Services, through its Behavioral Health Administration (STATE), is seeking proposals from qualified Responders to provide working group facilitation, project management, and implementation support for Minnesota’s Section 1115 Medical Assistance Reentry Demonstration. This initiative represents a complex, multi-agency effort involving the Department of Human Services (DHS), Department of Corrections (DOC), counties, Tribal Nations, managed care organizations (MCOs), community-based providers, and other partners in the Reentry Services Working Group as identified in Minnesota Statutes, section 256B.0761, subd. 7. The successful Responder will serve as a strategic implementation partner, supporting the STATE in transitioning from planning to execution while establishing the infrastructure, governance, and operational models required for scalable statewide implementation. See the RFP summary page for the start and end date and the anticipated initial length of the contract. STATE may extend the contract up to a total of five (5) years.

1.2 Proposal due date

The official response to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP. This RFP does not obligate the STATE to award a contract or complete the project, and the STATE reserves the right to cancel the solicitation if it is considered to be in its best interest. All costs incurred in responding to this RFP will be borne by the Responder.

This RFP provides background information and describes the services desired by the STATE. It delineates the requirements for this procurement and specifies the contractual conditions required by the STATE. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

1.3 Background

Historically, Medicaid funding was not available to support health care services for individuals during incarceration.[footnoteRef:1] However, this changed with the release of the State Medicaid Director Letter (SMDL) #23-003 by the Centers for Medicare & Medicaid Services (CMS) in April 2023. This pivotal guidance—"Opportunities to Test Transition-Related Strategies to Support Community Reentry and Improve Care Transitions for Individuals Who Are Incarcerated"—authorized states to utilize Section 1115 Demonstration waivers to cover certain Medicaid services for eligible individuals during the critical 90-day period prior to release from incarceration.[footnoteRef:2] [1: Social Security Act § 1905(a), 42 U.S.C. § 1396d(a)(29)(A). (n.d.). Inmate exclusion policy. Retrieved from https://www.ssa.gov/OP_Home/ssact/title19/1905.htm] [2: Centers for Medicare & Medicaid Services. (2023, April 17). State Medicaid Director Letter #23-003: Opportunities to test transition-related strategies to support community reentry and improve care transitions for individuals who are incarcerated. https://www.medicaid.gov/federal-policy-guidance/downloads/smd23003.pdf]

In response to this federal policy shift, Minn. Stat., section 256B.0761 was enacted, mandating the STATE to pursue a Medicaid demonstration project aimed at improving access to medical assistance for justice-involved populations. Minnesota’s Section 1115 Reentry Demonstration—with a particular emphasis on Substance Use Disorder (SUD) services—was designed to provide a continuum of care bridging incarceration to community reentry. To meet this legislative directive, the STATE submitted an application to CMS for a Medicaid Section 1115 demonstration to provide targeted Medicaid services to eligible individuals at participating facilities.

Upon CMS approval, implementation will begin with eight pilot sites, including three state correctional facilities, four county jails, and one tribally managed jail facility. The information learned from implementing the demonstration in these pilot sites will inform operational feasibility and guide a structured statewide expansion strategy. Given the complexity of cross-system coordination, regulatory compliance, and operational variation across jurisdictions, the STATE is seeking external expertise to support:

· External partner facilitation

· Project management and execution

· Cross-agency coordination

· Implementation planning and statewide scaling strategy

Minn. Stat., section 256B.0761, subd. 7 directs DHS and the Department of Corrections (DOC) to convene the 1115 Reentry Services Working Group (working group) to support implementation of the Section 1115 Reentry Demonstration. The working group will consider ways to improve the demonstration and related policies for justice-involved individuals by:

· Advising on the waiver implementation, monitoring, evaluation, and reinvestment plans

· Recommending strategies to improve processes that ensure notifications of the individual’s release date, current location, and other relevant information are provided to state, county, and Tribal eligibility systems and managed care organizations

· Considering the value of expanding, replicating, or adapting the components of the demonstration to additional populations

· Consider information technology and other implementation needs of participating correctional facilities

· Recommend ideas to fund expanded reentry services

The working group is composed of balanced representations, including:

· People with lived experience

· Community health care providers

· Tribal nations

· The Minnesota Sheriff’s Association

· The Minnesota Association for County Social Services Administrators

· The Association of Minnesota Counties

· The Minnesota Juvenile Detention Association

· The Office of Addiction and Recovery

· NAMI Minnesota

· The Minnesota Association of Resources for Recovery and Chemical Health

· The Minnesota Alliance of Recovery Community Organizations.

The working group is established and currently meeting monthly. The STATE will facilitate the transition of the working group to the Responder selected through this RFP process.

2. Scope of Work

2.1 Overview

The primary goal of this contract is to facilitate the working group in alignment with Minn. Stat., section 256B.0761, subd. 7. Additionally, the successful Responder will provide project management to support the STATE in transitioning from planning through implementation while establishing the operational, technical and governance foundation required for statewide expansion. All work must support scalable and sustainable workflows that can be implemented across Minnesota’s diverse state, county and Tribal correctional systems.

At this time, the STATE is anticipating CMS approval of the reentry demonstration waiver in the fall of 2026. The STATE is currently working on the facility readiness assessment, implementation plan, evaluation design plan, monitoring protocol, and other processes necessary to roll out the demonstration upon CMS approval. The successful Responder will support the STATE in moving from the planning phase into the implementation phase of the waiver and prepare for future statewide implementation accordingly:

· Identify and implement strategies to support the working group in achieving the intended purpose of improving the demonstration and related policies for justice-involved individuals.

· Interpret CMS requirements, present the requirements to the working group to apply a Minnesota specific lens, and provide recommendations to STATE on implementation.

· Facilitate and support consensus-building across state agencies, Tribal nations, counties, and stakeholders.

· Support the working group in developing standardized operational guidance for Medicaid enrollment, billing, care coordination, and service delivery.

· Ensure components comply with CMS Standard Terms and Conditions (STCs) and federal requirements, as applicable.

· Inform statewide rollout readiness, including identification of infrastructure, policy, and operational needs.

· Provide project management support to STATE in implementing the recommendations from the working group and execution of the CMS-approved implementation plan.

2.2 Tasks and Deliverables

The Successful Responder will serve as a strategic partner responsible for coordinating project activities across all workstreams and ensuring alignment with federal CMS requirements and Minnesota law.

2.2.1 Working Group Facilitation

The Successful Responder will coordinate and facilitate the monthly Reentry Services Working Group to include:

· In collaboration with STATE, determine meeting schedule, location, and format.

· Meetings are anticipated to be approximately 2 hours in length but may vary based on planned activities.

· Meetings will be hybrid, with an in-person option. The STATE will coordinate the meeting room.

· Review of existing working group documents, including meeting notes and outputs, charter, process maps, definitions documents, and project trees.

· Maintain and update guiding documents related to the working group, as needed.

· In collaboration with STATE, identify meeting topics to achieve the overall strategic goals of the working group pursuant to Minn. Stat., section 256B.0761, subd. 7.

· Develop meeting agendas and disseminate to attendees at least 48 hours prior to the meetings.

· Coordinate and communicate with speakers or subject matter experts who are joining as featured guests to address identified topics.

· Issue payment to eligible members for participation in the working group meetings. Approximately eight (8) eligible members, each compensated at $55 per meeting.

· Identify and implement engagement and facilitation strategies during meetings.

· Create or refine detailed documents and tools to utilize during meetings.

· Develop comprehensive supporting materials, as needed.

· Take meeting notes and track attendance.

· Send a meeting summary to all attendees, including notes, follow-up items, and recommendations.

· Engage in targeted analysis of outputs or findings from working group meetings.

· Synthesize group discussions into insights, recommendations, and actionable next steps to support future meetings and implementation of the reentry demonstration waiver.

The STATE will:

· Coordinate the logistics of the meeting, including sending meeting invitations to attendees, creating and distributing meeting links, and coordinating in-person facilities, as needed.

· Ensure membership of the working group aligns with Minn. Stat, section 256B.0761, subd. 7.

· Provide current versions of project documents after contract start date.

· Assist with transitioning facilitation responsibilities to the successful Responder.

Successful Responder Deliverables

· Update guiding documents, as needed.

· Monthly working group meetings.

· Meeting summary submitted to STATE within 5 business days of each working group meeting.

· Quarterly report submitted to STATE synthesizing insights, recommendations, and actionable next steps.

2.2.2. Project Management

The successful Responder will provide project management support to STATE in implementing the recommendations from the working group and execution of the CMS-approved implementation plan, including:

· Review of existing project planning and management documents such as:

· Project plans, charter, governance structure, roles and responsibilities matrix, and maintenance and operations road map.

· Application, implementation plan, reinvestment plan, and facility readiness assessment.

· Maintain and update project planning and management documents, as needed.

· Create and maintain a document repository.

· Maintain a project tracker.

· Support the STATE in addressing any feedback from CMS on the implementation and reinvestment plans.

· May include bringing items to the working group, pilot sites, or convening other groups of partners for review and discussion.

· For each recommendation from the working group:

· Create a project plan with actionable steps to implement the recommendation.

· Document strengths and weaknesses of the recommendation.

· Present recommendation, project plan, and strengths and weaknesses to STATE and assist STATE in determining feasibility of implementing the recommendation.

· Support STATE in implementing the recommendation.

· Support the STATE in executing the implementation plan upon approval from CMS. This may include:

· Collaborating with internal and external partners.

· Utilize a continuous improvement framework to ensure efficient and effective execution of the implementation plan.

· Engagement with state correctional facilities, county jails, and Tribal Nations to support implementation and identify and address issues and gaps.

· Maintain a project risk and issues log.

· Developing plans to address risks and issues as they are identified.

· Assist the STATE in preparing for statewide expansion of the waiver, which may include:

· Developing onboarding documents for state correctional facilities, county jails, and Tribal Nations.

· Enhancing processes and systems to support increased utilization.

The STATE will:

· Provide current versions of project documents and CMS approved Standard Terms and Conditions after contract start date.

· Facilitate connections with needed partners.

Successful Responder Deliverables:

· Updates to guiding documents, as needed.

· Document repository.

· Project Tracker.

· Project Plans, as applicable.

· Project Risk and Issues log.

· Quarterly reports submitted to STATE summarizing project activities completed.

All deliverables must:

· Align with CMS requirements, Minnesota’s Reentry Waiver Demonstration Standard Terms and Conditions, and applicable federal and state statutes.

· Meet accessibility requirements as identified in RFP Section 3.2.4.

2.3 Preferred Qualifications

Preferred qualifications of Responders include:

· Project management and coordination on a complex, statewide initiative.

· Stakeholder facilitation and engagement.

· Technical writing, policy development, and operational documentation.

· Knowledge of the correctional system.

· Knowledge of behavioral health systems, including substance use disorder treatment services.

· Familiarity with Medicaid and 1115 Demonstration Waivers.

3. Proposal Requirements Proposals must conform to all instructions, conditions, and requirements included in this RFP. Responders are expected to examine all documentation and other requirements. Failure to observe the terms and conditions in completion of the proposal is at the Responder’s risk and may, at the discretion of the STATE, result in disqualification of the Proposal for non-responsiveness. Acceptable Proposals should address all services identified in Section 2, “Scope of Work,” agree to the contract conditions specified throughout the RFP, and include all of the items referenced in the Required Statements and Applicable Forms sections. Responder must also agree to the terms and conditions in the attached sample contract unless specifically making an exception pursuant to Required Form specified in 3.3b.

3.1 Proposal Contents

Responses to this RFP must consist of all following components. The Cost Proposal must be submitted in SWIFT as a separate document from the Technical Proposal.

Proposal Components

1. Table of Contents

2. Technical Proposal Requirements

a. Proposed Work Plan for Working Group Facilitation

b. Proposed Project Management Approach

c. Relevant Responder Experience/Resumes of Lead Responder Staff (Qualifications/experience of personnel working on the project)

d. References (Attachment A)

e. Accessibility, Policy Driven Adoption for Accessibility (PDAA), and Voluntary Product Accessibility Template (VPAT)

3. Statements and Forms

a. Responder Information and Declarations (Attachment B)

b. Exceptions to Terms and Conditions (Attachment C)

c. Information Security Questions Form (Attachment D)

5. Cost Proposal (Attachment G) (Submit as a separate document from the Technical Proposal)

3.2 Technical Proposal Requirements

The following will be considered minimum requirements of the technical part of the Proposal. The emphasis should be on completeness and clarity of content.

1. Proposed Work Plan for Working Group Facilitation: Responder should provide a description of the deliverables to be provided along with a detailed work plan that identifies how the major tasks identified in Section 2.2.1., Working Group Facilitation, are to be accomplished. The work plan should provide sufficient information to be used as a scheduling and managing tool, as well as the basis for invoicing. This document should NOT list cost details. If cost details are 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. Responder should include proposed staffing for the project.

2. Proposed Project Management Approach. Responder should describe their approach to providing activities outlined in Section 2.2.2., Project Management, and meeting STATE’s requests in a timely manner. Responder should specifically describe how their approach differs when the STATE requires a more rapid timeline for delivery of services. 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. This document should NOT list cost details. If cost details are included in this document, the STATE may disqualify the proposal as non-responsive.

3. Relevant Responder Experience; Resumes of Lead Responder Staff: The Responder should demonstrate the length, depth, and applicability of prior experience in providing the requested services. This component of the Proposal must include previous experiences that will demonstrate the Responder's ability to deliver the services requested in this RFP, including experience as identified in Section 2.3. Preferred Qualifications. Responder should also provide a narrative description of the actual services that Responder has experience with. Describe what role, if any, staff proposed for this project had in the referenced service.

The Responder should also demonstrate the skill and experience of proposed lead staff by submitting their resumes. Resumes should describe the education, professional affiliations, and other relevant background of the lead staff to be assigned to this project. No change in the successful Responder’s personnel assigned to this project will be permitted without the prior approval of the State Program Manager. 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.

4. Reference Form (Attachment A): Responder should complete and submit “Attachment A: Reference Form” for each reference it provides with its Proposal. Responder should submit 3 reference forms with each reference’s company name and contact information. Once Responder’s Proposal is received, the RFP Administrator will send the same form to each of Responder’s reference(s) for each reference to answer the provided questions and return to the RFP Administrator.

The STATE reserves the right to verify the information submitted in Attachment A before an award is made. The STATE reserves the right to contact the references listed in Attachment A. 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.

5. Accessibility, PDAA, and VPAT Information: Any information systems, tools, information content, and/or work products, including the response to this solicitation/contract, applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial off-the-shelf (COTS) or custom, purchased or developed, must comply with the State of Minnesota Accessibility Standard effective September 1, 2010, as updated on July 1, 2024. This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 (Level AA) and Section 508 of the Rehabilitation Act of 1973.

Information technology deliverables and services offered must comply with the State of Minnesota Accessibility Standard.[footnoteRef:3] (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration. [3: https://mn.gov/mnit/about-mnit/accessibility/]

a. Policy Driven Adoption for Accessibility (PDAA) worksheet: Each Responder must complete the PDAA worksheet to rate their commitment to effectively incorporate accessibility best practices into their work. Information about the PDAA and PDAA templates can be found at the MN.IT Procurement Accessibility website2, under the “Professional Services” tab.

b. Voluntary Product Accessibility Template (VPAT): For both information technology deliverables/services and for commercial, off-the-shelf software (COTS), Responders should submit copies of or links to the VPAT for its product, as well as additional relevant information to aid in evaluating how Responders address accessibility. Information about the VPAT and VPAT templates can be found at the MN.IT Procurement Accessibility website[footnoteRef:4], under the “Products” tab. [4: https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp]

3.3 Required Statements and Forms

The following forms are required statements that must be completed and included with your Proposal. Submit the completed forms, as required, in the “Required Statements and Forms” section of your Proposal. Failure to submit a Required Statement or to use the most current forms found in eDocs or attached to this RFP is at the Responder’s risk and may, at the discretion of STATE, result in disqualification of the proposal for non-responsiveness.

a. Responder Information and Declarations (Attachment B): Complete and submit the “Responder Information and Declarations” form, which includes non-collusion and lobbying provisions. If you are required to submit additional information as a result of the declarations, include the additional information as part of this form. The Responder may fail the Required Statements Review in the event that the Responder does not affirmatively warrant to any of the warranties in the Responder Information and Declarations. Additionally, STATE reserves the right to fail a Responder in the event the Responder does not make a necessary disclosure in the Responder Information and Declarations or makes a disclosure which evidences a conflict of interest.

b. Exceptions to Sample Contract and RFP Terms (Attachment C): The contents of this RFP and the Proposal(s) for the successful Responder(s) may become part of the final contract if a contract is awarded. Responders who object to any condition of this RFP or STATE’s sample contract terms and conditions (attached as Appendix A) must note the objection(s) on the Exceptions to Sample Contract and RFP Terms and Conditions form. Much of the language reflected in the sample contract is required by statute. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

c. Information Security Questions Form (Attachment D): Each Responder must complete the Information Security Questions form (DHS-7895-ENG) and submit with its Proposal. STATE’s Office of Information Security may ask for additional information from successful Responders based on this form.

d. Human Rights Compliance - Workforce and Equal Pay Declaration Page(Attachment E): Responders are required to complete and submit the Workforce and Equal Pay Declaration Page[footnoteRef:5] with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain a Workforce Certificate from MDHR prior to contract execution. Minnesota Department of Human Rights’ (MDHR) Workforce Certificate instructions and Application Form can be obtained at this link.[footnoteRef:6] [5: https://mn.gov/mdhr/assets/Workforce%20and%20Equal%20Pay%20Declaration%20Page_tcm1061-519001.pdf] [6: https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.]

e. Veteran-Owned Preference Form (Attachment F): Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the STATE will award 12% preference points for certified small businesses that are majority owned and operated by veterans.

4. RFP Process

4.1 Responders’ Questions

Responders’ questions regarding this RFP must be submitted prior to Wednesday, September 23, 2026, at 4:00 p.m. Central Time. All questions must be sent via email to: alissa.hawks@state.mn.us Other personnel are NOT authorized to discuss this RFP with Responders before the Proposal submission deadline. Contact regarding this RFP with any STATE personnel not listed above could result in disqualification. STATE will not be held responsible for oral responses to Responders.

Questions will be addressed in writing and distributed to all identified prospective Responders via an addendum to the RFP in SWIFT. Every attempt will be made to provide answers timely. Responses will be posted no later than Thursday, October 1, 2026.

4.2 Proposal Submission

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (http://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

Interested Responders may begin preparing and entering their response into SWIFT as soon as they have downloaded the RFP. Electronic submissions to the STATE will be accepted beginning on the SWIFT Start Date for this RFP. Cost information must be loaded into the system as a separate document(s) from Responder’s technical response.

All Proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above will not be considered. The STATE shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the STATE.

NOTE: Responders must be registered in the Statewide Integrated Financial Tool (SWIFT) system in order to submit a response to this RFP. Responders can register as a responder by going to http://www.mmb.state.mn.us/respondersresources. For new responders, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a responder ID or completing the registration process, please call 651-201-8100, Option 1.

Late proposals will not be considered. All costs incurred in responding to this RFP will be borne by the Responder.

5. Proposal Evaluation and Selection

5.1 Overview of Evaluation Methodology

1. All responsive Proposals received by the deadline will be evaluated by STATE. Proposals will be evaluated on “best value” as specified below. The evaluation will be conducted in four phases:

2. During the evaluation process, all information concerning the Proposals submitted, except for the name of the Responder(s), will remain non-public and will not be disclosed to anyone whose official duties do not require such knowledge.

5.2 Evaluation Team

1. An evaluation team will be selected to evaluate Responder Proposals.

2. STATE and professional staff, other than the evaluation team, may also assist in the evaluation process. This assistance could include, but is not limited to, the initial review of Proposals for responsiveness and pass/fail requirements, contacting of references, or answering technical questions from evaluators.

3. STATE reserves the right to alter the composition of the evaluation team and their specific responsibilities.

5.3 Evaluation Phases

It is important that the Responder ensure that all sections of the Proposal have been completed to avoid the possibility of failing an evaluation phase or having their score reduced for lack of information.

1. Phase I: Responsiveness and pass/fail requirements The purpose of this phase is to determine if each Proposal 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.

· Required Statements and Forms as identified in Section 3.3.

2. Phase II: Evaluation of Technical Requirements of Proposals Only those responses found to have met Phase 1 criteria will be considered in Phase 2.

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

The evaluation team will review the components of each responsive Proposal submitted. Each component will be evaluated on the Responder's understanding and the quality and completeness of the Responder's approach and solution to the problems or issues presented.

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

3. Phase III: Selection of the Successful Responder(s)

d. The STATE reserves the right to conduct a Best and Final Offer. The total scores for those Responders selected to submit additional information under the Best and Final Offer process may be revised as a result of the new information.

e. The evaluation team will make its recommendation based on the above-described evaluation process. The successful Responder(s), if any, will be selected by November 30, 2026.

5.4 Contract Negotiations and Unsuccessful Responder Notice

The STATE will make its selection based on best value, as determined by the evaluation process described above. 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.

If a Responder(s) is selected, STATE will notify the successful Responder(s) in writing of their selection and STATE’s desire to enter into contract negotiations. Until STATE successfully completes negotiations with the selected Responder(s), all submitted Proposals remain eligible for selection by STATE. Data created or maintained by the STATE as part of the evaluation process will be public data when contract negotiations have been successfully completed. If the STATE determines that it is unlikely that a Responder will be selected for contract negotiations, the STATE may, as a courtesy, notify the Responder that it has not been selected for contract negotiations. After STATE and chosen Responder(s) have successfully negotiated a contract, STATE will notify the unsuccessful Responders in writing that their Proposals have not been accepted. All public information within Proposals will then be available for Responders to review, upon request.

6. Required contract Terms and Conditions All Responders must be willing to comply with all state and federal legal requirements regarding the performance of the contract. The requirements are set forth throughout this RFP and in the sample, contract attached as Appendix A. The attached sample contract should be reviewed for the terms and conditions that will likely govern any resulting contract from this RFP. Although this RFP establishes the basis for Responder Proposals, the detailed obligations and additional measures of performance will be defined in the final negotiated contract.

7. Solicitation Terms A. Competition in Responding The STATE desires open and fair competition. Questions from Responders regarding any of the requirements of the RFP must be submitted in writing to the RFP Administrator as described in section 4.2 of this RFP. If changes are made to the RFP, 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.

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

C. Preparation Costs STATE is not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contract will be done only to the extent the Responder voluntarily assumes risk of non-payment.

D. Joint Ventures The STATE allows joint ventures among groups of Responders when responding to the RFP. 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).

E. Withdrawing Response A Responder may withdraw its response prior to the due date and time of the RFP. 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 RFP Administrator in writing of the desire to withdraw.

After the due date and time of this RFP, 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 RFP Administrator within a reasonable time and prior to the STATE’s detrimental reliance on the response.

F. Rights Reserved The STATE reserves the right to:

· Reject any and all responses received;

· Cancel the RFP at any time and for any reason with no cost or penalty to STATE.

· Not be liable for any errors in the RFP or other responses related to the RFP.

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

· Duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal;

· 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;

· Request additional information; and

· Use estimated usage or scenarios, modify scenarios and request or add additional scenarios for the purpose of conducting pricing evaluations.

G. 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.

H. Responses are Nonpublic during Evaluation Process All materials submitted in response to this RFP 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.

I. Trade Secret Information Responders must not submit trade secret material as part of their response, 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 judgements awarded against the STATE in favor of the party requesting the data, and any and all costs connect 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.

J. 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.

K. Award Any award that may result from this RFP will be based upon the total accumulated points as established in the RFP. The STATE reserves the right to award this RFP 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 RFP. 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.

L. 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.

M. 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/responders-info/oep/ or call the Division’s Helpline at 651.296.2600.

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

O. Geographical Location of Work All services under this contract shall be performed within the borders of the United States, except as may be otherwise required by the World Trade Organization Government Procurement Agreement of 1996[footnoteRef:7]. This includes all storage and processing of information and work performed by subcontractors at all tiers. [7: The World Trade Organization Government Procurement Agreement of 1996 (WTO-GPA), signed by the United States and 27 other countries, is designed to open up as much business as possible to international competition. To that end, the member nations have agreed that they and their sub-central governments (states, provinces, prefectures, departments) will not discriminate against foreign products or suppliers of services when those products or services exceed an agreed upon threshold amount, which is currently $558,000. In the case of this RFP, a contract would have to exceed the threshold amount ($558,000) in order to be subject to the WTO-GPA requirement.

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ATTACHMENT A: REFERENCE FORM

Responder/Company Name:

Contact Name:

Address:

Email:

Phone Number:

1. Description of project(s):

2. Dates of Engagement:

3. Were the project(s) completed on budget? If not, please explain.

4. Were the project(s) complete on time? If not, please explain.

5. What went well with the project(s)?

6. What could have gone better with the project(s)?

ATTACHMENT B: RESPONDER INFORMATION AND DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law.

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other responders designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person, not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a responder is unable or potentially unable to render impartial assistance or advice to the State;

2. the responder’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the responder has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

F. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

ATTACHMENT C: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The STATE presumes a responder agrees to the terms and conditions of this solicitation unless a responder makes specific exception to one or more of the conditions on this form.

The STATE reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to STATE’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below. Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

By signing this form, I acknowledge that the above-named Responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

Signature:

Printed Name:

Title:

Date:

Attachment D: Information Security Questions Form

Attachment E: Workforce and Equal Pay Declaration Page

ATTACHMENT F: Veteran-owned Preference Form Unless a greater preference is applicable and allowed…