S-1116_RFP_Attachments_A_G_2024.08.29.docx

ATTACHMENT A: RESPONDER 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 vendor 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 vendor is unable or potentially unable to render impartial assistance or advice to the State;

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

3. the vendor 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. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. 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.

G. 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 B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes 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. This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

Responders must download and use the Attachment I: Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection. Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

2. Installation Services. A responder must apply a charge as a separate line item for installation or mounting services if such service is requested in writing by the ordering entity. The price for equipment, attachments, or options does not include installation or mounting costs unless otherwise indicated in the Contract or Price Schedule. A responder should include an hourly labor rate on the Price Schedule attached as Exhibit D to the Sample Contract. If installation services are NOT AVAILABLE, enter “N/A” on the Price Schedule. A responder should carefully examine the Price Schedule for installation pricing instructions.

3. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

ATTACHMENT D: RESPONDER FORMS

STATE OF MINNESOTA

VETERAN-OWNED PREFERENCE FORM

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. §16C.16, subd. 6a, the Commissioner of Administration will award up to a 12% preference on state procurement to certified small businesses that are majority owned and operated by veterans.

Veteran-Owned Preference Requirements - See Minn. Stat. § 16C.19(d):

1) The business has been certified by the Office of Equity in Procurement (OEP) as being a veteran-owned or service-disabled veteran-owned small business.

or

2) The principal place of business is in Minnesota AND the US Small Business Administration verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 13, part 128.

Statutory requirements and appropriate documentation must be met by the solicitation response due date and time to be awarded the veteran-owned preference. For Bids, the preference applies only to the first $2,000,000.

Claim the Preference By signing below I confirm that:

My company is claiming the veteran-owned preference afforded by Minn. Stat. § 16C.16, subd. 6a. By making this claim, I verify that:

· The business has been certified by the Office of Equity in Procurement (OEP) as being a veteran-owned or service-disabled veteran-owned small business.

or

· My company’s principal place of business is in Minnesota and the US Small Business Administration verifies my company as being a veteran-owned or service-disabled veteran-owned small business.

Sign and return this form with your solicitation response to claim the veteran-owned preference.

Workforce and Equal Pay Declaration Page This form is required for all businesses executing government contracts under the following:

1. Select one:

Select all that apply:

2. We are a Certificate holder:

3. We are applying/have applied for the following certificate(s):

4. We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

5. We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

6. Business Information

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Email Address

Telephone Number

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

Rev. July 2023 Rev. July 2023

· 1% in 30

· 2% in 30

· 3% in 30

· 1% in 10, Net 30

· 2% in 10, Net 30

· 3% in 10, Net 30

· 5% in 10, Net 30

· Other 1% in 15, Net 30

· 2% in 15, Net 30

· 3% in 15, Net 30

· 1% in 20, Net 30

· 2% in 20, Net 30

· 3% in 20, Net 30

· Net 30

ATTACHMENT F: MANDATORY SPECIFICATIONS

Contractor’s system must meet all the requirements listed herein.

1. Television Service.

1.1. Contractor shall provide subscription, television channels via cable or satellite, or State approved equal, without continued interruption.

1.2. Contractor shall neither offer nor deliver any free or promotional programming.

1.3. Contractor must provide standard definition (SD).

1.4 Television services must support closed captioning and secondary audio programming (SAP) and any encoders or other transmission systems must not block transmission of captions.

2. Channel Selection.

2.1. Available channel selections will be listed in Exhibit E: Channel List, of any final contract.

2.2. Contractor must give seven (7) days’ notice to MCF-OPH before any changes are made in the channel lineup.

2.3. The State reserves the right to work with the Contractor to block and/or filter certain channels based on content which may be deemed inappropriate for the end users. The blocking of certain channels shall not cause degradation of other channel selections.

2.4. Additional channels may be added upon request by the State through a duly executed amendment to the contract.

3. Active Drops.

3.1. The initial contract shall be for a total of 350 drops per month accessing the TV signal with SD unless otherwise negotiated by the parties.

3.1.1 The number of active drops shall remain firm for the first year of the contract.

3.1.2 Contractor will have the opportunity to audit the current occupancy count, on an annual basis, to determine whether the number of active drops should be increased.

3.1.2.1 If the State and the Contractor are unable to come to an agreement regarding the number of drops for the subsequent year, the State’s interpretation of the number of drops shall prevail.

4. Equipment Installation.

4.1. Contractor should utilize the existing equipment currently installed at the facility.

4.2. Contractor must identify any additional equipment required to provide the television services offered by Contractor in Attachment G: Narrative Response.

4.3. All equipment required to provide any optional television services offered by Contractor must be installed by the Contractor, or approved subcontractor, except cabling which will be installed by facility staff.

4.4. Contractor must include the cost to hook up the television services to the existing State-owned equipment (or to install Contractor equipment as necessary) as part of their installation cost.

4.5. Responders must provide installation timelines, in Attachment G: Narrative Response.

4.5.1 If Contractor becomes aware that they are unable to comply with their proposed timeline, the State must be notified, and the parties must agree upon a new proposed timeline within seven (7) days.

4.6. Contractor must install any additional equipment which may enhance the television services offered by Contractor if the State elects for such additional equipment to be installed under this contract.

4.7. All equipment paid for by the State and installed under this contract will become property of the State.

5. Warranty.

5.1. All installed equipment must include a one (1) year warranty. See Sections 8 and 9 of Exhibit A of the Sample Contract.

6. Maintenance.

6.1. Contractor shall provide maintenance services on all State-owned equipment necessary for the TV service system, equipment that has been installed under this contract, and any Contractor owned equipment, as detailed below:

ATTACHMENT G: NARRATIVE RESPONSE

Responders must use this form when responding to this solicitation. You may provide supplemental information with your response, but failure to use this form to respond may result in the State rejecting your response. You may add lines, pages, or additional information to this attachment as necessary. Narrative responses provided here will be used to negotiate additional provisions pertaining to the services and scope of work of any awarded, final contract with the State.

Do not include any information about pricing on this form. Please use Attachment I: Price Schedule that is attached to the RFP/Event (Solicitation) for all price information.

Mandatory Specifications.

1. A detailed list of the State’s mandatory specifications is listed in Attachment F: Mandatory Specifications. All requirements must be met. Do you meet or exceed all the State’s mandatory specifications for this Contract as shown in Attachment F: Mandatory Specifications? If so, check ‘Yes.’ If not, check ‘No.’ You may check only one (1) box. Not checking any boxes, or checking both boxes, will be scored as if you had responded ‘No.’

□ YES □ NO

Active Drops.

2. How do you verify the number of active drops for which the State is billed for?

Response:

3. What is your process for increasing or decreasing the number of active drops for which the State is billed?

Response:

4. How frequently will you allow the number of active drops to be increased or decreased on an annual basis?

Response:

Equipment.

The State owns the equipment currently installed throughout the Oak Park Heights Correctional Facility. The following list of equipment is currently installed.

There will be cabling in the building to deliver the signal to all the drops. The facility will provide the televisions.

The current Contract Vendor provides a headend and sets up the signal to the facility. The agency maintains the signal within the institution. The current Contract Vendor provides equipment to inject channels onto the cable network. Past that point the agency provides all equipment wiring, amplifiers, splitters, and connections.

5. Please identify and list any other equipment, cabling, and infrastructure that is required for the TV service that you are offering.

Response:

5.1. Of the equipment that you listed for question 5, is any of it available to be leased rather than purchased outright? If so, please list the equipment that can be leased. If not, or if you did not list any equipment under question 5, please state “not applicable” below.

Response:

5.2. If you listed equipment for question 5, please provide an approximate installation timeline to install all equipment listed.

Response:

6. Please identify and list any other equipment, cabling, and infrastructure that would be beneficial for the TV service that you are offering.

Response:

6.1 Of the equipment that you listed for question 6, is any of it available to be leased rather than purchased outright? If so, please list the equipment that can be leased. If not, or if you did not list any equipment under question 6, please state “not applicable” below. Please do not include any pricing information. Please use Attachment I: Price Schedule for all price information.

Response:

6.2 If you listed equipment for question 6, please provide an approximate installation timeline to install all equipment listed.

Response:

Operation and Outages.

7. The State desires that the service you are proposing has been functional and operating for over 95% of the time in the past 3 years. Please state whether the service you are proposing is compliant with this desire. The State may ask for documentation to prove compliance.

Response:

8. Please state whether you send out notifications about planned outages for the service you are proposing. If you send out notifications, please state how far in advance these notifications are sent prior to the planned outage. If you do not send out notifications, please state “not applicable” below.

Response:

9. Please state whether you send out notifications about unplanned outages for the service you are proposing. If you send out notifications, please state how quickly these notifications can be generated and sent after you are aware of the outages. If you do not send out notifications, please state “not applicable” below.

Response:

10. What has been your historical uptime throughout the last three (3) years? Note that the State may request data to verify your response.

Response:

10.1. Do you include guaranteed levels of uptime in your contracts?

☐ YES ☐ NO

If you responded YES, what guaranteed uptime levels have you promised throughout the past three (3) years?

Response:

10.2 If one of your customers complained of poor signal quality, please briefly describe how you would remedy the situation.

Response:

10.3 What has been your company’s longest continuous outage within Minnesota in the past five (5) years? Please be sure to include the approximate date and approximately how long the service was out.

Response:

10.4 Please list the steps your company took to remedy this outage.

Response:

10.5 Please indicate whether, after this outage was remedied, your company took any additional steps to help safeguard your system from having any future outages. If your company did, please briefly describe the additional steps taken and whether this has affected the number of service outages within Minnesota.

Response:

Customer Service and Maintenance.

11. Will you provide a dedicated customer service representative whom the State may contact for technical support?

Response:

12 Please describe your customer support process when technical support is required.

Response:

13. Please describe the maintenance you offer.

Response:

14. The State requires Contractor to acknowledge a Major Outage within eight (8) hours of notice and acknowledge a Minor Outage within twenty-four (24) hours of notice. The State requires Contractor to provide on-site support within twenty-four (24) hours of receipt of notice of a Major Outage, and within forty-eight (48) hours of receipt of notice of a Minor Outage. See section 6.2 of Attachment F above for more detail. Can you acknowledge an outage or provide on-site support more quickly than required in Attachment F: Section 6.2?

☐ YES ☐ NO

14.1 If you responded YES, please provide details about how quickly you can acknowledge an outage or provide on-site support.

Response:

Optional Online Content Streaming Capabilities

15. Streaming television is a generic term for viewing television channels over an Internet, network LAN, or wireless data connection. Provide options for online streaming if available.

15.1 What online streaming capabilities are available with your service?

Response:

15.2 Does this require additional hardware?

Response:

15.3 Does this feature also allow for On-Demand playback or DVR services for educational television?

Response:

Additional Minnesota Correctional Facilities.

☐ YES ☐ NO

16.2 Please list all potential facilities for which you could currently provide service.

Note that the responder reserves the right to amend this list later should the responder’s service availability change. Response:

16.3 Please provide a brief overview of the steps that would be necessary to add an additional facility to any resulting contract.

Response:

16.4 Are you willing to extend the same terms and conditions and same or lower pricing to any additional facility that is added to any resulting contract?

Response:

ATTACHMENT H: DESIRED CHANNELS

The following channels are intended as a “standard channel listing” for the MCF-OPH. Responders are required to indicate by checking “yes” or “no” in the respective columns provided if their proposal includes the channels listed. Responders may propose an alternative or substitute channel (“approved equal”) in the space provided.

The State reserves the right to make the final determination as to what constitutes an approved equal. Failure to indicate compliance for each channel listed or, alternatively, listing an alternate or substitute channel may be cause for rejection of the entire response. The State reserves the right to select channels for any final contract, regardless of whether the final contract includes all channels listed within this attachment.

You must use the below form when responding to this RFP/Event (Solicitation).

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