Solicitation_Attachments_-_Event_18532_8-26.pdf

Rev. April 2025

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:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

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.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

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 Exhibit D: Price Schedule for Backup Generator Maintenance attached to this Solicitation. The Exhibit D must be completed by the Responder and uploaded with your solicitation response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use Exhibit D may be cause for rejection. Responders must provide a price for all line items available on the Exhibit D to be considered for an award.

All submitted pricing must account for the cost of all insurance coverages listed in Exhibit B: Insurance Requirements.

2. For the four High Voltage 3512 Caterpillar Generators, two (2) located at MCF-Moose Lake and two (2) located at MSOP-Moose Lake, a Step Down Transformer is required. On the Exhibit D: Price Schedule provide pricing for load bank testing that includes the Step Down Transformer for the 3512 Caterpillar Generators.

3. Installation Services. A responder must not charge a separate fee for installation. The price for all services, includes all installation costs. The price offered must include everything needed so the unit is complete and ready for immediate use. If a responder adds a fee for installation to the Price Schedule, the State reserves the right to delete that item from the Price Schedule or to reject the response in its entirety.

4. 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 Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

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

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

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.

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.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

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:

□ 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

Comments:

3. Service Performance Time Frame. Responder must enter a service performance time frame after receipt of order (ARO) in the space below.

Rev. 9.01.2021

ATTACHMENT F: RESPONDER QUALIFICTION FORM

RESPONDER NAME: ____________________________________________

This form must be submitted with your response to the Solicitation. If the Solicitation response is received without the Qualification Form the response may be rejected.

Each Responder must answer all of the questions and provide all requested information contained herein. Because answering all of the questions and providing all of the requested information is a requirement, any Respondent failing to meet this requirement may be deemed to be non-responsive at the sole discretion of the State. If a responder is deemed to be non-responsive, their response may be rejected.

Before an award is made the State reserves the right to clarify/verify qualification by obtaining information to determine that all qualifications listed below have been met.

If the qualification requirements listed below are not met, either on the face of the submitted information or after such clarification/verification as the State may request, then the Contractor’s response may be rejected.

1. Answer the following questions by checking “YES” or “NO.”

____ YES ____NO My Company has been in business providing Preventative Maintenance Services and repairs on Natural Gas and Diesel Generator Sets for a minimum of three (3) years from the due date stated in the Request for Proposal.

____ YES ____NO My Company has been in business providing Preventative Maintenance Services and repairs on Natural Gas and Diesel Generator Sets that are 1600 KW or larger for a minimum of three

(3) years.

____ YES ____NO My company employs, not subcontracts, technicians for preventative maintenance and repairs and a sufficient number of technicians who are trained, certified, and each have a minimum of three (3) years’ experience servicing and repairing Generator Sets that are 1600 KW or larger.

____ YES ____NO My company has an On Call Operations Center staffed 24-hours a day, 7-days a week, 365-days a year. This Operations Call Center has the ability to dispatch on-call technicians and connect them with the Facility Representative by phone in real time. The technicians have the experience and ability to diagnose problems over the phone and, if needed, dispatch a response team of technicians and equipment to the site within four (4) hours of the call coming into the center.

____ YES ____NO My company has the ability to provide Standby/Rental Generator Sets that are 1600 KW or greater and is capable of providing immediate back-up generation in the event of loss of utility power during the period of time the engine-generator is being serviced and is unavailable to provide back-up generation. The back-up generator will be test run and wired into the emergency service panel provided by the State before any service work is started.

____ YES ____NO My company has company employed technicians that have the ability to perform the Preventative Maintenance Services as outlined in Exhibit C: Specifications, Duties and Scope of Work. The Preventative Maintenance Services may not be subcontracted.

____ YES ____NO My company has the ability to perform the repair services for this contract or it has listed in the response subcontractor(s) for repairs in the event that the repair cannot be performed by our company employed technician. Only State approved subcontractors may be utilized.

Only Factory Authorized Technicians that have access to the Proprietary Tools, Equipment and Software will be allowed for subcontracting repairs.

____ YES ____NO My company has the ability to perform troubleshooting/service/repairs associated with the Programmable Logic Controlling of the Transfer Switching devices or it has listed in the response subcontractor(s) for such work. Any work associated with the high voltage switching side must be done by an approved State of Minnesota electrical contractor hired by the State outside this Contract.

____ YES ____NO My company has the ability to maintain and update remote monitoring software; that runs on fully supported operating systems.

____ YES ____NO To reduce the vulnerabilities, my company has the ability to update software to current versions and apply security patches on a timely basis.

2. Requirement: The Responder will only be allowed to subcontract repairs in the event that the repair cannot be performed by their employed technician. Only Factory Authorized Technicians who have access to proprietary tools, equipment and software will be allowed for subcontracting repairs. List the company names (including electricians) of all the subcontractors that you intend to use for this Contract. Electricians approved as a subcontractor by the State will be allowed to perform work, such as Standby Rental Generator electrical hookups, under the awarded Contract.

List here the company names of all of the subcontractors (including electricians) that you intend to use for repairs other than Switchgear Repairs for this Contract: (If required, attach additional sheets to the response):

If, during the Contract term, the Responder needs a subcontractor, and if the Responder does not list a subcontractor, or does not have an approved subcontractor, the State reserves the right to contract directly with other vendors for the needed services.

3. Requirement: Responder must list any factory authorized subcontractor(s) for Programmable Logic Controlled Switch Gear Repairs.

List here the company names of all of the subcontractors that you intend to use for Programmable Logic Controlled Switch Gear Repairs:

If, during the Contract term, the Responder needs a subcontractor and if the Responder does not list a subcontractor, or does not have an approved subcontractor, the State reserves the right to contract directly with other vendors for the needed services.

4. References Requirement: Upon request, within three business days of the request, the Responder shall provide a minimum of three references with the following information for which its company has provided Preventative Maintenance Services and Repairs. The references must have a minimum of three 1600KW or larger Generator Sets which were all maintained at the same time since May 1, 2023.

*Property Owner

Property Owner’s Contact Person

Contact Person’s Telephone number and Fax number

Contact Persons Email Address

Types of Generator Sets

Date Range of when the work described above was performed

Type of Work

*The term “Property Owner” means the person or entity identified as the Owner of the property wherein the above referenced work was performed.

CERTIFICATION:

By submitting this form, I certify that the information provided above is accurate and will not change during the course of the contract without prior written approval from the State of Minnesota.

6. Business Information