RFP_S-1119.docx

State of Minnesota Department of Veterans Affairs

REQUEST FOR PROPOSAL

SERVICE: TELEVISION SERVICES – LUVERNE VETERANS HOME ONLY

SWIFT Event # 2000016479 Date Posted: Friday November 22, 2024

· Responses must be received not later than 3:00 PM Central Time Friday December 13, 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 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 AM to 4:00 PM, 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

· Veterans Preference Form

· Workforce and Equal Pay Declaration Page

· Attachment E: Additional Information

· Attachment F: Channel Card

· Attachment G: Narrative Response

Sample Contract

· Exhibit A: Contract Terms

· Exhibit B: Insurance Requirements

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

· Exhibit D: Pricing

· Exhibit D, Supplement 1: Price Schedule

· Exhibit D, Supplement 2: Sample Invoice and Quote

· Exhibit E: (If Needed)

· Exhibit F: Construction Terms (If Applicable)

· Exhibit F, Supplement 1: Responsible Contractor First-Tier Subcontractor List

· Exhibit F, Supplement 2: Additional Subcontractor List

· Exhibit F, Supplement 3, Construction Insurance Requirements

· Exhibit F, Supplement 4: Construction Contract Pricing

· Exhibit F, Supplement 5: Minnesota Department of Labor and Industry Prevailing Wages for State Funded Construction Projects

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

Mandatory Site Visit The contact person for questions is:

David Sisk, Buyer III Office of State Procurement David.Sisk@state.mn.us Questions should be emailed to the contact by 3:00 PM CT, Friday, December 6, 2024.

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

A mandatory site visit registration is due by 4:00 PM Central Time on Monday, December 2, 2024.

A site visit will take place on Tuesday, December 3, 2024 at 10:00 AM CT, at the Minnesota Veterans Home - Luverne, 1300 N Kniss Ave, Luverne, MN 56156. Attendance is mandatory. See Subsections 3 and 4 of Section 3, below, for additional information.

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.

The Minnesota Department of Administration, on behalf of the Minnesota Department of Veterans Affairs (MDVA), seeks proposals for television programming services for the Minnesota Veterans Home located at 1300 N Kniss Ave, Luverne, MN 56156 (hereinafter MVH Luverne). Some construction may be necessary to deliver television services to all required locations within the facility.

Sample Tasks and Deliverables.

The Contract Vendor must be able to provide television services and support to MVH Luverne continuing throughout the initial contract period. To prevent interruptions of current TV service, the State desires (but does not require) Contractor to begin delivering new TV services by Friday, January 31, 2025. Responses that are able to meet this start date may receive additional points during evaluation scoring. This period includes installing and configuring all equipment needed to deliver services, as well as completing any construction that may be necessary. The State reserves the right to award this contract to Responders that can begin delivering new TV services by Friday, January 31, 2025.

The Contractor must provide television services to MVH Luverne locations utilizing the infrastructure currently installed, or by installing any additional equipment that is required to provide the television services. If additional equipment is required to provide programming and the cost for the required equipment and installation is passed on to the State, these equipment and installation costs must be identified in Exhibit D, Supplement 1: Price Schedule, attached to this solicitation. These costs will be taken into account when determining which responder offers the best value for the State. Upon completion of the installation of any equipment purchased by the State under this contract, the equipment will become the property of the State. Any changes made to the scope of the Contract shall be done through an amendment process, with mutual agreement between the State of Minnesota and the Contract Vendor.

MVH Luverne currently delivers services via coaxial cable to a variety of television sets, both smart and non-smart, ranging in viewable size from 32” to 75”. Services must be provided to 64 residential connections (in single- and double-occupancy rooms) and also in up to 25 public area connections (lounges, front desk, meeting rooms, etc.). There are two (2) TV equipment closets in use at MVH Luverne, one in each of two residential wings. Transcoders are required to make all televisions work with the desired services. It will be Contractor’s responsibility to maintain the equipment, cabling, and other infrastructure that is currently in place at the facility and necessary for the TV service. Contractor must also maintain any additional equipment, cabling, and other infrastructure installed by the Contractor and necessary for the TV service system. All maintenance costs must be included on the price schedule. Responders are to submit a price per drop per month based on 89 drops (64 residential, 25 public).

All transmission systems, including transcoders, shall pass through CC and SAP signals. All equipment supplied will support closed captioning (CC) and Secondary Audio Programming (SAP). All remotes and/or on-screen menus shall make it simple and intuitive to activate and deactivate CC and SAP.

MVH Luverne staff want to select a maximum of sixty (60) channels from the attached list (see Attachment F, Channel Card). All local news stations, as well as coverage of all Minnesota-based professional sports teams, must be included. Additionally, MVH Luverne staff require an in-house private channel. This channel would be facilitated by MVH Luverne staff, to be used for delivering special programming to residents and visitors. This private channel must be available 24/7 to all residential and public TV sets in the facility.

As needs change, MVH Luverne staff require the ability to update channel selections for their facility within 2 business days of making the request, at no additional cost. The maximum number of sixty channels would not be exceeded. On-site tech support for problems must be provided within 24 hours of initial problem reported to Contractor.

· 64 drops in residential single- and double-occupancy rooms. Not to exceed 25 drops in public areas. 89 total drops maximum. One connection per TV set.

· Transcoders are required.

· All transmission systems, including transcoders, shall pass through CC and SAP signals.

· All equipment supplied will support closed captioning (CC) and Secondary Audio Programming (SAP).

· Sixty (60) channels selected from channel card (see Attachment F, Channel Card).

· All local news channels and all Minnesota-based professional sports teams channels/coverage must be included.

· Community channel for in-house programming.

· Change channel listing at any time, 2 business days turnaround time, at no additional expense. 60 channel maximum would not be exceeded.

· Tech support/repair on site within 24 hours of initial problem report.

· Construction by vendor at no additional cost to build out access to all locations.

· State owns all equipment at termination of contract.

Note: Responders that are proposing installation services as part of a responder’s solution should review and consider the additional Construction Terms attached to the Sample Contract as Exhibit F. The State anticipates that these construction terms may be necessary if a responder needs to perform construction activities, as defined below. Review all terms and conditions included within Exhibit F of the Sample Contract for items related to construction services under this solicitation.

Construction Activities – Work on the erection, construction, remodeling, or repairing of a public building or other public work financed in whole or part by State funds which uses the skill sets of any trades covered by Labor Code and Class under prevailing wages set by the Minnesota Department of Labor and Industry (DLI). Refer to http://www.dli.mn.gov/LS/PrevWageDef.asp for DLI’s definitions of construction types.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

1. Anticipated Contract Term.

The term of this contract is anticipated to be from February 2025 to February 2027, with the option to extend up to an additional three (3) years in increments determined by the State.

2. Estimated Amount.

The estimated total dollar value of the contract for one year is $60,000. However, this shall not be construed as either the minimum or maximum amount. It shall also be understood and accepted by the responder that any quantities shown in this solicitation are estimated quantities only and impose no obligation upon the State, either minimum or maximum.

3. Mandatory Site Visit.

A mandatory site visit will take place at the date and location listed. Responders must attend the site visit prior to submitting their response. Responses received from responders that did not attend the site visit will be rejected.

MANDATORY SITE VISIT

The site visit format will adhere to social distancing and other guidance provided by the Minnesota Department of Health (MDH) and Centers for Disease Control and Prevention (CDC) in an effort to reduce the spread of COVID-19 (https://www.health.state.mn.us/diseases/coronavirus/index.html). Attendees are responsible to bring their own face coverings. Prospective attendees exhibiting any cold or flu-like symptoms will not be admitted. These requirements may change; Responders are responsible for sending attendees who meet the requirements in effect at the time of the pre-bid meeting.

4. Registration.

Responders must register to attend the mandatory site visit as soon as possible. Responders must register by 4:00 PM CT, Monday, December 2, 2024. To register for the mandatory site visit, contact David Sisk, Buyer III, at 651.201.3169 or by email at David.Sisk@state.mn.us. Responders that do not register for the mandatory site visit will not be admitted into the facility.

5. 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.

6. 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.

7. Dispute Resolution Procedures.

Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to the contact person for this solicitation prior to the solicitation opening due date and time. Any issue a responder has with the Contract award must be submitted in writing to the contact person for this solicitation within five business days from the time the intent to award or the Contract award date is made public. This public notice may be made by any of the following methods: notification by letter or email, posted on the OSP website, https://mn.gov/admin/osp/, or electronic notification by our electronic procurement system, SWIFT. The State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: the contact person for this solicitation, the Office of State Procurement (OSP) Acquisitions Manager, and the OSP Director.

SECTION 4 – PROPOSAL CONTENT

Please submit the following information:

Attachment G, Narrative Response. Attachment G includes three sections: G1, Mandatory Requirements; G2, Desired (Preferred) Capabilities, and G3, Responder Statement. Responder must answer all questions in this Attachment G and return it with the response to the solicitation. By completing and including this Attachment with its response, the responder certifies that the information contained in the response is accurate to the best of the responder’s knowledge. This document should NOT list cost detail. If cost detail is included in this document, the State may disqualify the proposal as non-responsive. G3, Responder Statement, should provide a narrative statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract.

Cost Detail. Review Attachment C, “Cost Proposal,” attached to this solicitation, and complete and submit Exhibit D, Supplement 1: Price Schedule, attached to the Sample Contract.

Sample Transaction Documents. Prior to award, a potential successful Responder must submit samples of any transaction documents proposed for use under the resulting contract. The State will review the transaction documents to ensure they contain sufficient detail and to review additional terms and conditions contained therein, if any. The State reserves the right to request additional detail in the transaction documents or to reject additional terms and conditions within transaction documents. Once approved by the State, Contractor may not materially change transaction documents unless a change has been approved in writing by the Commissioner of Administration, as delegated to the Office of State Procurement. Any terms and conditions included in transaction documents but not approved by the State are voidable by the State. Any terms and conditions that are in conflict with Minnesota law or in conflict with the terms of the State Contract are void. Failure to void a non-approved term or condition included in a transaction document does not waive the State’s right to void any non-approved term or condition.

Product Documentation. Responder must provide equipment sales literature, technical data or specifications, a user manual, or other documentation about the product upon request by the State, and at no cost to the State. Product documentation should include items such as, but are not limited to, product information, product functionality, and operation instructions. Product documentation may be provided digitally unless the State requires the documentation be provided in print.

License Agreements, Maintenance Agreements, or Other Terms and Conditions. Responder must provide any license agreements, maintenance agreements, or any other terms and conditions relevant to the work under a resulting contract. Review and approval by the State will be required prior to contract execution. In the event Responder fails to comply with this provision, Responder agrees that it will not seek to enforce terms and conditions of any such agreement against the State. Further, failure to provide any of the pertinent documents upon request may result in the State not agreeing to sign any additional documents, rejecting your response, or cancelling the award.

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 D: Responder Forms

a. Veterans Preference Form

b. Workforce and Equal Pay Declaration Page

4. Attachment E: Additional Information

5. Attachment F: Channel Card

6. Attachment G: Narrative Response

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.

· Responses from vendors who attended the mandatory site visit will receive a ‘Pass’ and will be evaluated further (see Section 3, “Proposal Instructions and Additional Information,” item #3, above). Responses from vendors who did not attend the mandatory site visit will receive a ‘Fail’ and may be rejected.

2. 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.

3. 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 January 15, 2025.

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.

2. 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.

3. 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).

4. 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.

4. 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;

· Award by location or item, including category, by groups of items, or all items (therefore, the responder is encouraged to offer a response for all locations or items.)

· Interview key personnel or references;

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

· 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.

5. 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.

6. 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.

7. Trade Secret Information

7.1 Responders must not submit as part of their response trade secret material, as defined by Minn. Stat. § 13.37.

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

7.3 The State does not consider cost or prices to be trade secret material, as defined by Minn. Stat. § 13.37.

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

8. 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 prices and terms offered in its response pertaining to the sale of goods or 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. DEED and DHS Preference In accordance with Minn. Stat. § 16C.155, eligible DEED/DHS providers will receive points equal to 6% percent of the total points available.

14. Specifications Response will be held to strict compliance with the specifications. If a response deviates from the specifications, the deviation must be clearly noted and the State reserves the right to reject the response. All specifications are for new items unless otherwise noted in the solicitation. When brand name or manufacturer’s name or numbers are stated in the specifications, they are intended to establish a standard only and are not restrictive unless the solicitation states: “No Substitute.” Responses may be considered on other alternate makes, models, or brands having comparable quality, style, and performance characteristics. Any alternates included in a response are subject to State approval.

15. Distributor or Manufacturer’s Representative If your company is a distributor or manufacturer’s representative, as defined in MN Rules 1230.0150, and you are submitting an offer on behalf of the Original Equipment Manufacturer (OEM), your company must either:

· Be listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative, or

· You must provide a letter from the OEM, on the OEM letterhead, stating the Responder is authorized to sell the specific product listed in the Solicitation, or the OEM’s full line of products, and that all OEM equipment warranties are applicable. (This requirement may be met by attaching the OEM letter to the Solicitation response.)

The Responder shall be the single point of contact through which customers will arrange warranty work that is still covered under the original equipment manufacturer’s warranty on the equipment that is purchased.

Pursuant to MN Rules 1230.0150, responses from brokers will not be accepted.

16. Prompt Payment Discounts Offered If a responder offers a discount for a payment made in less than 30 days, this discount will not be considered in the evaluation of the response. A prompt payment discount will be calculated from the date of acceptance of an undisputed invoice or upon the date a disputed invoice is resolved.

17. Construction Solicitation Terms – Installation Only (if applicable)

17.1 Building Construction Contractor Registration. Per Minn. Stat. § 326B.701, unless exempt, any person, as defined by Minn. Stat. § 181.723, subd. 1(a), who performs public or private construction services must register with the Department of Labor and Industry (DLI). Registration is required prior to receiving a contract award.

17.1.1 Building construction contractors, including independent contractors, subcontractors, and business entities providing public or private sector commercial or residential building construction or improvement services must be registered with DLI.

17.1.2 The registration requirement does not apply to workers and businesses that are already licensed, registered, or certified with the Department of Labor and Industry, nor does it apply to employees.

17.1.3 General or Prime Contractors will be able to verify that subcontractors are registered on the searchable Department of Labor and Industry Contractor Look-up website.

17.1.4 The law provides for penalties for failure to register, hiring unregistered contractors, misclassifying employees, and coercing others to form a business entity.

17.1.5 For additional information and to register go to www.dli.mn.gov/register or contact the Department of Labor and Industry at 651.284.5074 or email: dli.register@state.mn.us.

17.2 Non - Minnesota Contractors. Minn. Stat. § 290.9705 requires public entities to deduct and withhold eight (8) percent of cumulative calendar year payments to Non-Minnesota Contractors which exceed $50,000. The statute allows for an exemption of this requirement under specific circumstances that are listed in the “Reason for Exemption” section of the Exemption from Surety Deposits for Non-Minnesota Contractors Form (see link below). The Contractor must file a separate application for exemption for each contract.

In order to formalize this exemption you must, prior to being sent a Contract, complete this Form available at https://www.revenue.state.mn.us/sites/default/files/2022-03/sde_21.pdf, and submit to Minnesota Revenue. If approved, provide the ordering entity with a copy executed by Minnesota Revenue. The address to send the form for execution is:

Minnesota Revenue Mail Section 5410 St. Paul, MN 55146-5410

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