Solicitation_Content-Event_18460.pdf

Rev. 07.01.2025

State of Minnesota Department of Administration

REQUEST FOR PROPOSAL

PRESCRIPTION GLASSES (LENSES, FRAMES AND ASSOCIATED MATERIALS)

SWIFT Event G0210-2000018460

Date Posted: July 10, 2026

• Responses must be received not later than 3:00PM, Central Time, July 31, 2026

• Late responses will not be considered

• As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article 2, Sec. 45.

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 651.201.2402 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.

https://www.revisor.mn.gov/laws/2025/0/Session+Law/Chapter/39/ https://mn.gov/admin/business/vendor-info/oep/

This Solicitation requires proposals to be submitted through the SWIFT Supplier Portal. Please note the security changes below that may impact responders from submitting a timely response.

SWIFT SUPPLIER PORTAL SECURITY CHANGES

There are new security measures that the Minnesota Management and Budget implemented on October 16, 2022. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal. The goal of MFA is to create a layered defense that makes it more difficult for unauthorized system access to occur.

For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.

If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.

You are strongly encouraged to set your MFA during business hours of 8:00 A.M. to 4:00 P.M., Central Time, Monday through Friday. You may experience delay setting your MFA after hours.

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL2d1ZXN0LnN1cHBsaWVyLnN5c3RlbXMuc3RhdGUubW4udXMvcHNjL2Ztc3N1cGFwL1NVUFBMSUVSL0VSUC9jL05VSV9GUkFNRVdPUksuUFRfTEFORElOR1BBR0UuR0JMPyYifQ.i-HI1goSFhyukO6-tDKJ950RA0248ccp4eK29Xzz01Y/s/349718272/br/146252762755-l http://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf http://mn.gov/mmb-stat/documents/swift/training/trainingguides/swift-sup-portal-mfa.pdf

TABLE OF CONTENTS

Solicitation Content

SECTION 1 – INSTRUCTIONS TO RESPONDERS

SECTION 2 – SUMMARY OF SCOPE

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

SECTION 4 – PROPOSAL CONTENT

SECTION 5 – EVALUATION PROCEDURE AND CRITERIA

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Solicitation Attachments

• Attachment A: Responder Declarations

• Attachment B: Exceptions to State's Terms and Conditions

• Attachment C: Cost Detail

• Attachment D: Responder Forms o Workforce and Equal Pay Declaration Page

• Attachment E: Additional Information

• Attachment F: 2024 and 2025 Minnesota and Wisconsin

• Attachment G: Third Party Insurance Vision Plans

• Attachment H: Governmental Agency List and Scope of Work Provided

Sample Contract

• Exhibit A: Contract Terms

• Exhibit B: Insurance Requirements

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

• Exhibit D: Pricing o Exhibit D, Supplement 1: Sample Invoice and Quote

SECTION 1 – INSTRUCTIONS TO RESPONDERS

Steps for Completing Your Response

Follow the steps below to complete your response to this Solicitation:

Step 1: Read the solicitation documents and ask questions, if any Step 2: Write your response Step 3: Submit your response

Incomplete Submittals

A response must be submitted along with any required additional documents. Incomplete responses that materially deviate from the required format and content may be rejected.

STEP 1 – READ THE SOLICITATION DOCUMENT & ASK QUESTIONS, IF ANY

How to Ask Questions

The contact person for questions is:

Jeffrey Combs, Solicitation Administrator Department of Administration Jeffrey.Combs@state.mn.us

Questions should be emailed to the contact by July 20, 2026.

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

STEP 2 – WRITE YOUR RESPONSE

The Response Content section is in this link to Section 4. Prepare a written response and supply all requested content. Responses should address the requested information and documents detailed in Section 4. DO NOT INCLUDE Non-Public/Trade Secret data (as defined in this link to Minn. Stat. § 13.37).

Review, sign, and include the Responder Declarations with your response.

STEP 3 –SUBMIT YOUR RESPONSE

Where to Send Your Response

All responses to this solicitation (termed an “Event” within SWIFT) must be submitted through SWIFT using the Supplier portal (https://mn.gov/supplier). Training and documentation on how to submit your response is available through the Supplier portal link above. Fax, e-mail, and printed responses will not be accepted or considered. All costs incurred in responding to this solicitation will be borne by the responder.

Late responses will not be considered. Responses received after End Date above will not be considered, even if errors or delays were caused by issues outside of responders’ control. If you need assistance please contact the SWIFT Vendor Assistance Helpline at 651-201-8100, Option 1, and then Option 1.

By submitting a response, your company is making a binding legal offer for the period of time set forth below in Section 10, Conditions of Offer.

mailto:Jeffrey.Combs@state.mn.us https://www.revisor.mn.gov/statutes/cite/13.37 https://mn.gov/supplier

SECTION 2 – SUMMARY OF SCOPE

Procurement Overview and Goals.

The purpose of this solicitation is to receive responses and award a Contract(s) to provide prescription eyeglasses (lenses, frames and associated materials), to the State of Minnesota for the Minnesota Health Care Programs (MHCP), including Medical Assistance (MA) and MinnesotaCare, State of Minnesota (lead State), other State agencies and participants in the State of Minnesota’s Cooperative Purchasing Venture (CPV) program, and other states that may wish to participate. The products will be purchased on an as needed basis.

SECTION 3 – PROPOSAL INSTRUCTIONS AND ADDITIONAL INFORMATION

Anticipated Contract Term.

The State currently has a contract in place that runs through August 31, 2026. If the State awards a contract to the existing Contractor, the Contract term will begin on September 1, 2026, or on the date of contract execution, whichever is later, to August 31, 2027, or 12 months after the date of contract execution, with the option to extend up to 48 months, upon agreement by both parties.

If the State awards a contract to a new Contractor, it is estimated the Contract term will begin on September 1, 2026, or on the date of contract execution, whichever is later, to August 31, 2027, or 12 months after the date of contract execution, with the option to extend up to 48 months, upon agreement by both parties.

The Contract start date of September 1, 2026, is to allow for a seamless program transition, if required, from the current Contractor to the awarded Contractor. The actual program start date, when orders will be received by the Contractor and invoicing may occur, will begin on November 1, 2026.

Other Participating State’s contract period. If other states choose to participate in the Prescription Eyeglass Volume Purchase Program, they may reserve the right to establish the starting date of the Contract with the Contractor, based on the time the state will require to execute the program state-wide with the state’s authorized ophthalmologist or optometrist and/or instrument dispensers.

Estimated Amount.

The estimated total dollar value of the contract for one year for Minnesota is $750,000 (combined total of MHCP fee-for-service (FFS) programs, other State agencies and CPV members). The estimated total dollar value of the Contract for one year for the State of Wisconsin is $900,000. 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.

There were approximately 24,000 eyeglass frame orders in State Fiscal Year (SFY) 2024, and approximately 24,000 eyeglass frame orders in SFY 2025 for Minnesota paid under the Volume Purchase Contract. There were approximately 35,800 eye glass frame orders in SFY 2024 and 34,500 in SFY 2025 for Wisconsin. Volume Purchase Contract eyeglass materials utilization for SFY 2024 and SFY 2025 for Minnesota and Wisconsin are shown on Solicitation Attachment F.

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.

Other States The State of Wisconsin expects to be a participating member of the resulting contract. Information on Wisconsin’s vision care program and its Vision Online Handbook is available at:

https://www.forwardhealth.wi.gov/WIPortal/Online%20Handbooks/Display/tabid/152/Default.aspx?ia=1&p=1&sa=64& s=2&c=61. The details for program provisions, contract compliance, terms and conditions for the State of Wisconsin shall be determined in the Participating Addendum in accordance with the specifications of this Contract.

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.

https://www.forwardhealth.wi.gov/WIPortal/Online%20Handbooks/Display/tabid/152/Default.aspx?ia=1&p=1&sa=64&s=2&c=61 https://www.forwardhealth.wi.gov/WIPortal/Online%20Handbooks/Display/tabid/152/Default.aspx?ia=1&p=1&sa=64&s=2&c=61 https://mn.gov/admin/osp/

SECTION 4 – PROPOSAL CONTENT

Please submit the following information:

1. Cost Detail. Responders must review the pricing information and instructions in Attachment C: Cost Proposal before completing and submitting the Exhibit D: Price Schedule attached to this solicitation.

2. Specifications. Responder must offer first quality impact-resistant lenses that meet the specifications detailed in Exhibit C: Specifications, Duties, and Scope of Work in the Sample Contract.

3. Frame Chart. A frame chart including a minimum of 200 frame styles (not including color selection) must be included in the Proposal. These frame styles will be presented to a selection committee including experienced opticians and Department representatives for approval of at least 100 frames for coverage, of which 40 – 50 will be selected for the sample kit. Frames must be manufactured by at least four (4) different companies.

A suggested selection of frames would include 100 adult, 10 infant, 20 toddler, 40 child, 10 oversize adult, 10 adult half-eyes, 5 safety and 5 sport. At least 30 adult frames and 15 child frames must be deluxe frames.

All of the frames for infants and toddlers may be deluxe but must be clearly labeled as such. Specialty frames must be included in addition to the standard and deluxe frames. If the Contractor chooses to include entire product lines of specialty frames, those product lines may be listed rather than pictured (e.g. “all frames from the ‘Erin’s World’ product line from Specs4Us”). The submitted frame chart must clearly indicate with frames are considered deluxe and/or specialty.

4. Transition and Exit Plan. The State’s current Contract will expire on August 31, 2026. Transition to a new Contractor must be performed in a seamless fashion and may not cause any disruption of service. The new Contractor and the incumbent Contractor will coordinate and work together to streamline this effort and will keep the MHCP Liaison advised of all relevant target dates.

The Contractor must provide a detailed work plan that identifies how the major tasks are to be accomplished. The work plan should provide sufficient information to be used as a scheduling and managing tool, with specific and realistic target dates for each step of implementation, including transitioning from the current supplier and an exit plan to ensure a seamless transition to a new supplier at the end of the contract term, if required.

5. Customer References. The Contractor should complete Attachment H: Governmental Agency List providing a list of at least three (3) recent or current governmental agencies for which it has provided an equivalent level of service including a brief description of the Scope of Work provided to the customer.

6. Financial References. It is crucial that the State locate reliable suppliers to serve MHCP recipients. Contractors should include sufficient documentation to establish their financial stability. The Contractor should provide financial information which may include its profit and loss statement, financial history such as bankruptcy filings within the past three (3) years, bank references and a current Dun and Bradstreet combined credit rating, or any other information that may be required.

7. Accessibility of Services or Products. The responder should complete, in an accessible format, the Voluntary Product Accessibility Template (VPAT®) 2.5 (April 2025) for all software, hardware, and websites (as applicable) as proposed in response to the solicitation. Vendors can use the VPAT form from the ITIC VPAT site. Vendors should complete the Section 508 and WCAG 2.1A and AA sections. The EN 301 549 section can be left blank or deleted. Attach it to the proposal as Attachment H. For systems with multiple interfaces (such as an admin and user interface), report on each interface whether in the same or separate VPATs. These documents will be scored according to the solicitation evaluation.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.itic.org%2Fpolicy%2Faccessibility%2Fvpat&data=05%7C02%7CJeffrey.Combs%40state.mn.us%7C3c8ae113967b4d3674e108dedd04c23a%7Ceb14b04624c445198f26b89c2159828c%7C0%7C0%7C639191209655503370%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=HF80aXyrJzGTZ2dsKynNcxHJjc7jI5XOOBRhO0vpx00%3D&reserved=0

Responders are encouraged to reference the “Vendor VPAT Guidance” in the “Products” tab on the Accessible IT Procurement page (https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp) for information and instructions on completing the VPATs. Respondents should also review the related guidance documents on the same site for solicitation reviewers to understand expectations. The responder is strongly encouraged to provide remarks and explanation that both support compliance and detail any deficiencies, as even if you claim “supports” unless there are remarks and explanations, you may score low.

8. Sample Transaction Documents. Prior to award, a potential successful Responder must submit samples of any transaction documents (sample quote and sample invoice to be used by non-Medicaid entities, and sample order form to be used for all written orders) 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.

9. Website and Online Ordering Accessibility. Responders must submit a letter describing the following:

9.1 Describe how you ensure that your staff and contractors have the knowledge and skills to ensure that all materials are accessible within the scope of this solicitation.

9.2 Describe how you ensure that your staff and contractors have the knowledge and skills to create accessible digital technology.

9.3 Provide an example of your workflow that ensures accessible deliverables.

10. 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 above 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. Workforce Certification and Equal Pay Declaration Page

4. Attachment E: Additional Information

5. Attachment F: Fiscal Year 2024 and 2025 Minnesota and Wisconsin Usage

6. Attachment G: Third Party Insurance Vision Plans

7. Attachment H: Governmental Agency List and Scope of Work Provided

DO NOT INCLUDE Non-Public/Trade Secret data (as defined by Minn. Stat. § 13.37).

https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp https://mn.gov/mnit/about-mnit/accessibility/it-procurement.jsp

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)

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.

• Active National Provider Identification Number (NPI) documented and submitted with proposal.

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:

1. Acceptance of State’s Terms and Conditions 50 points

2. Vendor Capabilities 200 points

3. Scope of Work 100 points

4. Eyeglass Frame Selection 100 points

5. Claims/Billing/Payment Procedures/Reports 100 points

6. Accessibility 50 points

7. Cost 400 points

1000 points

8. Preference Points (if applicable) 120 points (in addition to 1,000 available)

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

Phase 3 - Select Finalist(s) Only those responses that have been evaluated under Phase 2 shall be eligible for Phase 3.

The State will make its selection based on best value, as determined by this evaluation process. The State reserves the right to pursue negotiations on any exception taken to the State’s standard terms and conditions. In the event that negotiated terms cannot be reached, the State reserves the right to terminate negotiations and begin negotiating with the next highest scoring responder or take other actions as the State deems appropriate. If the State anticipates multiple awards, the State reserves the right to negotiate with more than one Responder.

It is anticipated that the evaluation and selection will be completed by July 31, 2026.

SECTION 6 – UNENFORCEABLE TERMS AND SOLICITATION TERMS

Unenforceable Terms

As of July 1, 2025, certain terms are unenforceable in state contracts. See Session Laws, 2025 Regular Session, Chapter 39, Article2, Section 45.

Unenforceable terms

(a) A contract entered into by the state shall not contain a term that:

(1) requires the state to defend, indemnify, or hold harmless another person or entity, unless specifically authorized by statute;

(2) binds a party by terms and conditions that may be unilaterally changed by the other party;

(3) requires mandatory arbitration;

(4) attempts to extend arbitration obligations to disputes unrelated to the original contract;

(5) construes the contract in accordance with the laws of a state other than Minnesota;

(6) obligates state funds in subsequent fiscal years in the form of automatic renewal as defined in section

325G.56; or

(7) is inconsistent with chapter 13, the Minnesota Government Data Practices Act.

(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term shall be void and the contract is enforceable as if it did not contain that term.

Solicitation Terms

Competition in Responding The State desires open and fair competition. Questions from responders regarding any of the requirements of the Solicitation must be submitted in writing to the Solicitation Administrator listed in the Solicitation before the due date and time. If changes are made the State will issue an addendum.

Any evidence of collusion among responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

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

Joint Ventures The State allows joint ventures among groups of responders when responding to the solicitation. However, one responder must submit a response on behalf of all the others in the group. The responder that submits the response will be considered legally responsible for the response (and the contract, if awarded).

Withdrawing Response A responder may withdraw its response prior to the due date and time of the Solicitation. For solicitations in the SWIFT Supplier Portal, a responder may withdraw its response from the SWIFT Supplier Portal. For solicitations done any other way, a responder may withdraw its response by notifying the Solicitation Administrator in writing of the desire to withdraw.

After the due date and time of this Solicitation, a responder may withdraw a response only upon showing that an obvious error exists in the response. The showing and request for withdrawal must be made in writing to Solicitation Administrator within a reasonable time and prior to the State’s detrimental reliance on the response.

Rights Reserved The State reserves the right to:

• Reject any and all responses received;

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

• Negotiate with the highest scoring Responder[s];

• Terminate negotiations and select the next response providing the best value for the State;

• Consider documented past performance resulting from a State contract may be considered in the evaluation process;

• Short list the highest scoring Responders;

• Require Responders to conduct presentations, demonstrations, or submit samples;

• 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 request additional information; and

• The State reserves the right to use estimated usage or scenarios for the purpose of conducting pricing evaluations. The State reserves the right to modify scenarios, and to request or add additional scenarios for the evaluation.

Samples and Demonstrations Upon request, Responders are to provide samples to the State at no charge. Except for those destroyed or mutilated in testing, the State will return samples if requested and at the Responder’s expense. All costs to conduct and associated with a demonstration will be the sole responsibility of the Responder.

Responses are Nonpublic during Evaluation Process All materials submitted in response to this Solicitation will become property of the State. During the evaluation process, all information concerning the responses submitted will remain private or nonpublic and will not be disclosed to anyone whose official duties do not require such knowledge. Responses are private or nonpublic data until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the State having completed negotiating a contract with the selected responder. The State will notify all responders in writing of the evaluation results.

Trade Secret Information

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

8.2 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.

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

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

Conditions of Offer Unless otherwise approved in writing by the State, Responder’s cost proposal and all terms offered in its response that pertain to the 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.

Award Any award that may result from this solicitation will be based upon the total accumulated points as established in the solicitation. The State reserves the right to award this solicitation to a single Responder, or to multiple Responders, whichever is in the best interest of the State, providing each Responder is in compliance with all terms and conditions of the solicitation. The State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re-issue the solicitation, whichever is in the best interest of the State.

Requirements Prior to Contract Execution Prior to contract execution, a responder receiving a contract award must comply with any submittal requests. A submittal request may include, but is not limited to, a Certificate of Insurance.

Targeted Group, Economically Disadvantaged Business, Veteran-Owned and Individual Preference Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, businesses that are eligible and certified by the State as targeted group (TG) businesses, economically disadvantaged (ED) businesses, and veteran-owned (VO) 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 651.201.2402.

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.

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.

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.

Prohibited Substances Contractor shall not provide any goods containing triclosan, coal tar, or polybrominated diphenyl ether to the State.

Amara’s Law (Minn. Stat. § 116.943) will take effect in Minnesota January 1, 2025, and applies all products sold or distributed under the contract; it prohibits the sale or distribution of some products with intentionally added PFAS within Minnesota.

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:

https://mn.gov/admin/business/vendor-info/oep/ https://www.revisor.mn.gov/statutes/cite/116.943#stat.116.943

• 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.

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.