UPDATED_RFP_Housing_services_1.16.25.pdf

Minnesota Department of Human Services Direct Care and Treatment, Minnesota Sex Offender Program

Request for Proposals for a Contractor to Provide One or Both of the Following Services: (1) Housing/Residential Community Placements, and (2) Sex Offender-Specific Treatment

Date of Publication in SWIFT: January 30, 2025

Americans with Disabilities Act (ADA) Statement:

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

Minnesota’s Commitment to Diversity and Inclusion. The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities.

Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651- 296-2600 or go to www.mmd.admin.state.mn.us/mn02001.htm.

http://www.mmd.admin.state.mn.us/mn02001.htm%20or%20call%20651-296-2600

PT RFP (PT201) Page 1 Rev. 7.5.2023

TABLE OF CONTENTS

1. INTRODUCTION

1.1 Objective of RFP

1.2 Proposal Due Date

1.3 Background

2. SCOPE OF WORK

2.1 Overview……………………………………………………………………………………………………………..…

2.2 Tasks/Deliverables

3. PROPOSAL FORMAT

3.1 Proposal Contents……………………………………………………………………………………

3.2 Proposal Requirements

3.3 Required Statements and Forms

3.4 Potentially Required Statements

4. RFP PROCESS

4.1 Responders’ Questions

4.2 Proposal Submission

5. PROPOSAL EVALUATION AND SELECTION

5.1. Overview of Evaluation Methodology

5.2. Evaluation Team

5.3. Evaluation Phases

5.4. Contract Negotiations and Unsuccessful Responder Notice

6. REQUIRED CONTRACT TERMS AND CONDITIONS

7. SOLICITATION TERMS

ATTACHMENT A Responder Information and Declarations ATTACHMENT B Exceptions to Terms and Conditions ATTACHMENT C Cost Proposal ATTACHMENT D Veteran Owned Preference Form ATTACHMENT E Responders Work Plan Agreement APPENDIX A Sample Professional Technical Master Contract and Work Order

Request for Proposals Page 2

RFP SUMMARY

Important Dates:

RFP Published: January 30, 2025

Questions Due: February 4, 2025

Proposals Due: SWIFT EVENT END February 6, 2025

Anticipated Selection of Successful Responder(s): February 13, 2025

Anticipated Start of Contract: March 1, 2025

Anticipated End of Contract: December 31, 2025

Anticipated Extensions: Possible up to December 31, 2028

State Contact: Lisa Leskey, lisa.leskey@state.mn.us

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1. INTRODUCTION

1.1 Objective of RFP

The Minnesota Department of Human Services, through its Human Services, through its Direct Care and Treatment Division, Minnesota Sex Offender Program (MSOP or STATE), is seeking proposals from qualified Responders to provide one or both of the services described herein to individuals who are committed to the Commissioner of Human Services under the Minnesota Statutes § 253B and are court-ordered into a setting other than State-run treatment facilities (which are located in St. Peter and Moose Lake).

The State seeks proposals from qualified public and private Responders to provide one or both of the following services:

Category 1. Housing/residential community placements Category 2. Sex offender-specific treatment

See Section 2 for detailed overview of the scope of work.

Responders may submit proposals for either Category or both Categories. Responders must clearly indicate which Category(ies) it is applying to. Responders applying for multiple Categories can submit one response to this RFP indicating all services they propose to provide. DCT will review proposals received in each Category and execute master contracts with the successful responders. DCT reserves the right to award multiple master contracts in each Category to meet its needs. Successful responders may only provide services in the Category(ies) they are awarded a master contract in. The issuance of a master contract does not guarantee work under this program.

Work will be distributed through executed work order contracts. As specific needs arise, DCT will share the opportunity with all approved master contract holders in the applicable Category through an engagement request. Eligible master contract holders who are interested should respond to the engagement request. DCT will evaluate the responses and determine which master contract holder to award the work order to based on program and client needs. The total for all work order contracts per master contract holder is not anticipated to exceed $2,500,000 per fiscal year.

The term of any resulting contract is anticipated to be for two (2) years, from March 1, 2025 until December 31, 2025, with the option to extend for up to five (5) years total.

DCT reserves the right to reopen this solicitation at its sole discretion from time-to-time during the master contract period to add additional master contract holders to the program.

1.2 Proposal due date

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

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1.3 Background

Overview of Minnesota Sex Offender Civil Commitment and MSOP Programming For information on Minnesota’s sex offender civil commitment process and Minnesota Sex Offender Program (MSOP) programming, visit the MSOP website https://mn.gov/dhs/people-we- serve/adults/services/sex-offender-treatment/

Civil commitment has been used in Minnesota for sex offenders since the late 1930s. Starting in the 1990s, sex offender civil commitment has been a significant part of Minnesota’s approach to public safety and treatment of individuals who sexually offend. MSOP receives civilly committed sex offenders at its secure treatment facilities in Moose Lake and Saint Peter. As of October 18, 2023, there were 797 clients committed to MSOP.

2. SCOPE OF WORK

2.1 Overview

All services under this contract shall be performed within the borders of the United States, except as may be otherwise required by the World Trade Organization Government Procurement Agreement of 19961. This includes all storage and processing or information and work performed by subcontractors at all tiers.

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

1. Courts determine the placement of civilly committed individuals. A court order for placement outside of a State-run treatment facility occurs only after the Commitment Appeals Panel has determined that such a placement is appropriate, given an individual’s potential risk to the public and the measures that will be employed to limit that risk. The order subjects the individual to specific requirements for residence, treatment, and supervision. Failure to abide by these conditions results in revocation of the order and placement of the individual in a State-run treatment facility.

1 The World Trade Organization Government Procurement Agreement of 1996 (WTO-GPA), signed by the United States and 27 other countries, is designed to open up as much business as possible to international competition.

To that end, the member nations have agreed that they and their sub-central governments (states, provinces, prefectures, departments) will not discriminate against foreign products or suppliers of services when those products or services exceed an agreed upon threshold amount, which is currently $558,000. In the case of this RFP, a contract would have to exceed the threshold amount ($558,000) in order to be subject to the WTO-GPA requirement.

https://mn.gov/dhs/people-we-https://mn.gov/dhs/people-we-serve/adults/services/sex-offender-treatment/ https://mn.gov/dhs/people-we-serve/adults/services/sex-offender-treatment/

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Contractors will need to work cooperatively with MSOP and other partner agencies to ensure that clients comply with their court orders, receive needed treatment and services, and are appropriately supervised.

2. The State requires a range of housing and residential facilities that are coordinated with community supervision for civilly committed individuals who are court-ordered to reside in community placements other than State-run treatment facilities in Moose Lake or St. Peter.

For most of these individuals, the goal will be to provide sex offender-specific treatment, supervision and other services to prepare the residents for eventual transition into other settings under continued supervision. However, some placements will be long-term, not transitional, and will need to be designed to serve individuals who need ongoing care and supervision in a long-term setting.

3. The State will consider proposals for both new and existing programs.

4. Responders may be public or private entities, including private for-profit businesses, nonprofit organizations, state and local government agencies.

5. Contractors do not need to provide all required services. Responders may propose formal partnerships with specific agencies to provide multiple services but are not expected to do so.

6. Proposals will be accepted for:

• Housing / residential community placements

• Sex offender specific treatment

• Any combination of these services

Responders should clearly state in their proposals which services they intend to provide.

7. Court-ordered placements and services could be for:

• Individuals who have been civilly committed and are approved by the Commitment Appeals Panel to be provisionally discharged; or

• Individuals changing residence while on provisional discharge

8. Civilly committed sex offenders are a very diverse population. Residential community placements and services will need to be specialized to some extent in order to meet the range of needs effectively. The following provides some demographic information about the population to be served:

• Approximate age range of current MSOP population is 20–91 years old.

• Many are able-bodied and capable of working full-time; others are past retirement age.

• Some of the elderly clients are medically frail and require close monitoring and support.

• Some clients have physical disabilities and chronic illnesses that require ongoing health services and support.

• About 100 MSOP clients participate in alternative treatment programming due to cognitive impairments, developmental disabilities, serious mental

Rev. 5/2022 Page 6 of 51 illnesses, traumatic brain injuries and other conditions that make conventional treatment ineffective.

• Some clients have been institutionalized since they were juveniles.

Responders should clearly state in their proposal if their facility or services will be targeted at, or limited to, any specific sub-populations.

9. MSOP Role

a. MSOP is responsible for all individuals who are civilly committed sex offenders regardless of their placement. Because MSOP is accountable for client treatment outcomes, compliance with court orders, and public safety, it will play an active role in overseeing residential services, treatment, and community supervision. A close, ongoing working relationship between MSOP and contractors will be essential.

b. Civilly committed sex offenders will be accountable to both MSOP and its contractors for compliance with program rules and their court order.

c. MSOP has, and will exercise as necessary, the authority to immediately revoke a client who violates the terms of his or her court order or is otherwise presenting a risk to public safety.

d. MSOP will provide training and orientation to the Contractor’s staff, board of directors, and others as requested, in the areas of: civil commitment, public safety, client demographics, MSOP programming, provisional discharge, and supervision and support of clients living in the community.

e. MSOP will assist contractors with public outreach and education of local officials, media, immediate neighbors, and the broader community. All public communications about any client placed by the State in contractors’ care must be reviewed and approved through the State. Any media or other public contacts regarding the State or the clients placed in contractors’ facilities by the State must be forwarded to the State Authorized Representative and shall not be handled solely by the contractors.

2.2 Tasks and Deliverables

CATEGORY 1 HOUSING

1. Residential Facilities. The State seeks a range of residential facility types, located throughout the State that will meet the continuum of needs of a diverse population of civilly committed sex offenders. MSOP will provide community supervision for all clients living in residential facilities. The State will consider services in an existing facility or supporting the creation of a new facility designed to serve civilly committed sex offenders.

A. Mandatory Requirements for all facility types below. Each of these options must:

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i. Provide a safe, sober living environment that offers residential services in a positive and respectful manner.

ii. Be staffed to provide day to day supervision and monitoring of residents, as needed.

iii. Meet all requirements of relevant State licensing, county or city registration agencies and any other regulatory agency requirements.

B. Desired types of Facilities. The State’s housing needs include, but are not limited to, residential community placements such as:

i. Assisted living. Assisted Living (as defined in Minn. Stat. § 144G, “Assisted Living Services”) means a specialized facility for individuals who are physically disabled or medically frail and require 24-hour supervision, medical monitoring, daily living supports, and other services.

ii. Adult foster care. Adult foster care is intended to serve individuals with serious cognitive impairments or mental health diagnoses who need the level of care and supervision provided in an adult foster care or other highly structured and supported setting.

iii. Other licensed group homes and supported apartments. Other licensed group homes and supported apartments are intended to serve individuals with cognitive impairments or mental health diagnoses who are higher functioning than those placed in adult foster care but still need structure, support, and supervision in their day-to-day life.

iv. Halfway house beds. Is intended to be shorter-term placement to allow individuals to identify longer-term housing, needed community services, employment, etc.

v. Sober/supportive housing. Rental apartments in a building that enforces sobriety and offers 24/7 staff supervision.

2. Non-Licensed Housing Options. The State will also need access to non-licensed, non-structured housing located throughout the State that will meet the needs of civilly committed sex offenders who have been provisionally discharged and are approved to live in more independent housing, who are supervised by

MSOP.

Regardless of whether they have a Level 3 designation, all civilly committed sex offenders are subject to community notification by local law enforcement at the time of placement and for each subsequent move according to Minn. Stat. § 253D.32.

CATEGORY 2 TREATMENT

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1. Sex Offender-Specific Treatment. The State will contract with one or more treatment providers to provide sex offender- specific treatment services to civilly committed sex offenders living outside of State-run treatment facilities. Individuals who are transferred from an MSOP facility on provisional discharge may have already participated in primary treatment.

A. Mandatory Requirements for all Treatment providers below.

i. Treatment plans, developed in consultation with MSOP, will be individualized and may include either individual or group sessions, or both. Contractor will conduct assessments and provide quarterly client progress reports to MSOP as requested.

ii. Because MSOP is accountable for client treatment outcomes, compliance with court orders and public safety, it will play an active role in overseeing treatment services and will monitor each client’s progress.

iii. In accordance with a client’s court order, treatment must occur on-site at a residential facility or at a clinician’s office. Other arrangements will be as agreed upon between MSOP and the provider.

B. Desired Types of Treatment.

i. Continuation of sex offender specific treatment services according to individual clinical need and cognitive, functional abilities.

ii. Treatment focus may be primary sex offender treatment, maintenance or aftercare services delivered in a manner consistent with best practices.

iii. May have received treatment at MSOP’s Alternative program due to certain disabilities or impairments and will need ongoing treatment provided in a manner that is understandable, effective, and meaningful for them.

3. Proposal Requirements

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

3.1 Proposal Contents

Responses to this RFP must consist of all of the following components. Each of these components must be separate from the others and identified with labeled tabs. The Cost Proposal must be submitted in SWIFT as a separate document from the Technical Proposal.

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Proposal Components

1. Table of Contents

2. Technical Proposal Requirements

a. Proposed Work Plan Agreement (Utilize template in Attachment E)

b. Relevant Responder Experience/ (Qualifications/experience of personnel working on the project)

3. Required Statements and Forms (Pass/Fail)

a. Responder Information and Declarations (Attachment A)

b. Exceptions to Terms and Conditions (Attachment B)

4. Potentially Applicable Forms

a. Minnesota Workforce Certificate (Affirmative Action) (if proposal is over $100,000)

b. Equal Pay Certificate Form (if proposal is over $500,000)

c. Veteran-Owned Preference Form (Attachment D)

5. Cost Proposal (Attachment C)

3.2 Technical Proposal Requirements

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

1. Proposed Work Plan (Attachment E): The Responder should complete the Responders Work Plan Agreement, which is included in this RFP as Attachment E. As part of the Responders Work Plan Agreement, the Responder may include any additional details it feels would assist the State in evaluating the Responder’s ability to provide the deliverables requested in this RFP. This document should NOT list cost detail. If cost detail is included in this document, the STATE may disqualify the proposal as non-responsive.

Responder should provide a statement of the objectives, goals, and tasks to show or demonstrate the Responder's view and understanding of the nature of the contract.

2. Relevant Responder Experience: The Responder should demonstrate the length, depth, and applicability of prior experience in providing the requested services. This component of the Proposal must include previous experiences that will demonstrate the Responder's ability to deliver the services requested in this RFP. Responder should also provide a narrative description of the actual services. Describe what role, if any, staff proposed for this project had in the referenced service.

3.3 Required Statements and Forms

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

a. Responder Information and Declarations (Attachment A): Complete and submit the “Responder Information and Declarations” form, which includes noncollusion and lobbying provisions. If you are required to submit additional information as a result of the declarations, include the additional information as part of this

Rev. 5/2022 Page 10 of 51 form. The Responder may fail the Required Statements Review in the event that the Responder does not affirmatively warrant to any of the warranties in the Responder Information and Declarations. Additionally, STATE reserves the right to fail a Responder in the event the Responder does not make a necessary disclosure in the Responder Information and Declarations or makes a disclosure which evidences a conflict of interest.

b. Exceptions to Sample Contract and RFP Terms (Attachment B): The contents of this RFP and the Proposal(s) of the successful Responder(s) may become part of the final contract if a contract is awarded.

Responders who object to any condition of this RFP or STATE’s sample contract terms and conditions (attached as Appendix A) must note the objection(s) on the Exceptions to Sample Contract and RFP Terms and Conditions form. Much of the language reflected in the sample contract is required by statute. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

Responders are cautioned that claiming either of the following may result in its Proposal being considered nonresponsive and receiving no further consideration:

1. Exceptions to the terms of the standard STATE contract that give the Responder a material advantage over other Responders;

2. Exceptions to all or substantially all boilerplate contract provisions.

3.4 Potentially Required Statements and Forms

The following forms are required if the indicated conditions are applicable and will either be found in eDocs2 by searching for the form numbers referenced below, or by pasting the form file path name found in the footnotes to your browser, or by referencing the indicated Attachment to this RFP.

a. Human Rights Compliance:

i. Workforce Certificate Information (DHS-7016-ENG)3: (Applies if a resulting contract will be in excess of $100,000). Responders are required to complete and submit the Workforce Certificate Information page with their Proposal. As required by Minnesota Rules, part 5000.3600, Subp. 9, “[i]t is hereby agreed between the parties that Minn. Stat. § 363A.36 and Minnesota Rules, parts 5000.3400 - 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it.

A copy of Minn. Stat. § 363A.36 and Minnesota Rules, parts 5000.3400 - 5000.3600 are available upon request from the contracting agency.” Minnesota Department of Human Rights’ (MDHR) Workforce Certificate instructions and Application Form can be obtained at this link.4

ii. Equal Pay Certificate (DHS -7075-ENG)5: (Applies if a resulting contract will be in excess of $500,000).

Responder must complete and submit this form with its Proposal. It is the Responder’s sole responsibility to provide the information requested and when necessary to obtain an Equal Pay Certificate from MDHR the

2 http://mn.gov/dhs/general-public/publications-forms-resources/edocs/index.jsp 3 https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7016-ENG 4https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20emplo yers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.

5 https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7075-ENG http://mn.gov/dhs/general-public/publications-forms-resources/edocs/index.jsp https://mn.gov/mdhr/certificates/workforce-certificate/ http://mn.gov/dhs/general-public/publications-forms-resources/edocs/index.jsp

Rev. 5/2022 Page 11 of 51 prior to contract execution. This section does not apply to a contract to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I, 256L, and 268A, with a business that has a license, certification, registration, provider agreement, or provider enrollment contract that is prerequisite to providing those goods and services.

Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800- 627-3529 (MN Relay) or email at compliance.MDHR@state.mn.us. Responder must apply for an equal pay certificate by paying a $150 filing fee and submitting an equal pay compliance statement to MDHR. MDHR’s Equal Pay Certificate instructions and Application Form can be obtained at this link.6

It is Responder’s sole responsibility to submit this statement to MDHR and – if required – apply for an equal pay certification before the due date of this Proposal and obtain the certification prior to the execution of any resulting contract.

If a contract is awarded to a business that does not have an equal pay certificate as required by Minnesota Statutes, section 363A.44, or is not in compliance with the laws identified within section 363A.44, MDHR may void the contract on behalf of the state, and the contract may be abridged or terminated by the STATE upon notice that the MDHR has suspended or revoked the certificate of the business.

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

discretion, receives information that indicates the Responder is non-responsible or non-responsive.

4. RFP PROCESS

4.1 Responders’ Questions

Responders’ questions regarding this RFP must be submitted prior to 4:00 p.m. Central Time onFebruary 4, 2025. All questions must be sent via email to: lisa.leskey@state.mn.us

Other personnel are NOT authorized to discuss this RFP with Responders before the Proposal submission deadline. Contact regarding this RFP with any STATE personnel not listed above could result in disqualification. STATE will not be held responsible for oral responses to Responders.

Questions will be addressed in writing and distributed to all identified prospective Responders. Every attempt will be made to provide answers timely, within 2 days of receiving the question or no later than February 6, 2025.

4.2 Proposal Submission

6https://mn.gov/mdhr/certificates/equalpay/#:~:text=An%20Equal%20Pay%20Certificate%20requires%20emplo yers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.

https://mn.gov/mdhr/certificates/equalpay/#:%7E:text=An%20Equal%20Pay%20Certificate%20requires%20employers%20to%20pay,form%20and%20make%20an%20online%20payment%20of%20%24250.

mailto:lisa.leskey@state.mn.us

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

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

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

All Proposals will be automatically time and date stamped internal to the SWIFT system when they are received.

Proposals received after End Date above will not be considered. The STATE shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the STATE.

NOTE: If you are reviewing this RFP in the SWIFT system or downloaded the RFP from the SWIFT system, you are likely already a registered vendor with the STATE. If you are reviewing this RFP in paper form, you may need to register as a vendor by going to http://www.mmb.state.mn.us/vendorresources. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651-201-8100, Option 1.

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

5. PROPOSAL EVALUATION AND SELECTION

5.1 Overview of Evaluation Methodology

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

a. Phase I Required Statements Review

b. Phase II Evaluation of Proposal Requirements

c. Phase III Selection of the Successful Responder(s)

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

3. Nonselection of any Proposals will mean that either another Proposal(s) was determined to be more advantageous to STATE or that STATE exercised the right to reject any or all Proposals.

5.2 Evaluation Team

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

http://mn.gov/supplier

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

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

5.3 Evaluation Phases

At any time during the evaluation phases, STATE may, at STATE’s discretion, contact Responders to (1) provide clarification of their Proposals, (2) provide oral presentations of their Proposals, or (3) obtain the opportunity to interview the proposed key personnel. Reference checks may also be made at this time. However, there is no guarantee that STATE will look for information or clarification outside of the submitted written Proposal.

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

1. Phase I: Required Statements and Forms Review

The Required Statements will be evaluated on a pass or fail basis. Responders must "pass" each of the requirements identified in section 3.3 to move to Phase II.

2. Phase II: Evaluation of Technical Requirements of Proposals

a. Points have been assigned as follows to each of the component areas described in Section 3.2 of this RFP:

Proposal Components Possible Points

1. Work Plan Agreement 400

2. Qualifications and Experience 300

3. Cost Proposal 300

Total: 1000 points

4. Preference Points (if applicable) 120 points (max)

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

NOTE: Preference points are described under Solicitation Terms and will be applied to the total score after points have been awarded. 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 651.296.2600.

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

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a. Only the Proposals found to be responsive under Phases I and II will be considered in Phase III.

b. The evaluation team will review the scoring in making its recommendations of the successful Responder(s).

c. STATE may submit a list of detailed comments, questions, and concerns to one or more Responders after the initial evaluation. STATE may require said response to be written, oral, or both. STATE will only use written responses for evaluation purposes. The total scores for those Responders selected to submit additional information may be revised as a result of the new information.

d. The evaluation team will make its recommendation based on the above-described evaluation process.

The successful Responder(s), if any, will be selected approximately seven days after the Proposal submission due date.

5.4 Contract Negotiations and Unsuccessful Responder Notice

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

If a Responder(s) is selected, STATE will notify the successful Responder(s) in writing of their selection and STATE’s desire to enter into contract negotiations. Until STATE successfully completes negotiations with the selected Responder(s), all submitted Proposals remain eligible for selection by STATE. Data created or maintained by the STATE as part of the evaluation process (except trade secret data as defined and classified in Minn. Stat. § 13.37) will be public data when contract negotiations have been successfully completed. If the STATE determines that it is unlikely that a Responder will be selected for contract negotiations, the STATE may, as a courtesy, notify the Responder that it has not been selected for contract negotiations.

In the event contract negotiations are unsuccessful with the selected Responder(s), the evaluation team may recommend another Responder(s).

After STATE and chosen Responder(s) have successfully negotiated a contract, STATE will notify the unsuccessful Responders in writing that their Proposals have not been accepted. All public information within Proposals will then be available for Responders to review, upon request.

6. REQUIRED CONTRACT TERMS AND CONDITIONS

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

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B. Governing Law/Venue. This RFP and any subsequent contract must be governed by the laws of State of Minnesota. Any and all legal proceedings arising from this RFP or any resulting contract in which STATE is made a party must be brought in the State of Minnesota, District Court of Ramsey County. The venue of any federal action or proceeding arising here from in which STATE is a party must be the United States District Court for the State of Minnesota in Ramsey County.

C. Contingency Fees Prohibited. Pursuant to Minn. Stat. § 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

D. Accessibility Standards. Any information systems, tools, information content, and/or work products, including the response to this solicitation/contract, applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial off-the-shelf (COTS) or custom, purchased or developed, must comply with the Minnesota IT Accessibility Standards effective September 1, 2010, as updated on June 14, 2018. This standard requires in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D.

Information technology deliverables and services offered must comply with the MNIT Services Accessibility Standards. (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and may not receive further consideration.

E. License. If federal funds are used in funding a contract that results from this RFP, in accord with 45 C.F.R. § 92.34, for Works and Documents created and paid for under the contract, the U.S. Department of Health and Human Services will have a royalty free, non-exclusive, perpetual and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the Works or Documents created and paid for under a resulting contract for federal government purposes.

F. Term. The STATE may extend the contract, in increments determined by STATE, not to exceed a total contract term of five years.

7. SOLICITATION TERMS

A. Competition in Responding The STATE desires open and fair competition. Questions from Responders regarding any of the requirements of the RFP must be submitted in writing to the RFP Administrator before the RFP 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.

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

C. Data Security - Foreign Outsourcing of Work is Prohibited https://mn.gov/mnit/about-mnit/accessibility/ https://mn.gov/mnit/about-mnit/accessibility/

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All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.

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

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

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

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

G. Rights Reserved The STATE reserves the right to:

• Reject any and all responses received;

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

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

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

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

• Negotiate with the highest scoring Responder(s);

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

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

• Short list the highest scoring Responders;

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

• Interview key personnel or references;

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

• Request additional information; and

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

H. 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.

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

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

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

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

A Responder may present and discuss trade secret information during an interview or demonstration with the STATE, if applicable.

K. Conditions of Offer Unless otherwise approved in writing by the STATE, Responder’s cost proposal and all terms offered in its response that pertain to the completion of professional and technical services and general services will remain firm for 180 days, until they are accepted or rejected by the STATE, or they are changed by further negotiations with the STATE prior to contract execution.

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

M. Requirements Prior to Contract Execution

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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.

N. 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

O. 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.

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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

Rev. 5/2022 Page 20 of 51 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,…