Page 1 REQUEST FOR PROPOSALS (RFP) Minnesota Department of Transportation (MnDOT) Request for Proposal for a Renewable Energy System Central Services Fort Snelling Office Date of Issue: November 19, 2018 Proposal Due Date: December 20, 2018 TABLE OF CONTENTS I. PROJECT OBJECTIVE………………………………………………………... 2 II. PROJECT OVERVIEW………………………………………………………... 2 III. QUESTIONS …………………………………………………………………... 2 IV. RFP SCHEDULE ……………………………………………………………… 2 V. SITE INFORMATION ………………………………………………………… 3 VI. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL ………... 3 VII. SCOPE OF WORK AND DELIVERABLES …………………………………. 3 VIII. PROPOSAL CONTENT ………………………………………………………. 5 IX. MANDAOTRY REQUIREMENTS …………………………………………... 9 X. EVALUATION PROCESS …………………………………………………… 9 XI. RIGHT TO REJECT PROPOSALS……………………...…………………….. 10 XII. AFFIDAVITS ………………………………………………………...………... 11 XIII. GENERAL TERMS AND CONDITIONS……………….……………………. 11 XIV. RFP EXHIBITS …………………………..……………………………………. 21
Transcript
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REQUEST FOR PROPOSALS (RFP) Minnesota Department of Transportation (MnDOT)
Request for Proposal for a Renewable Energy System Central Services Fort Snelling Office
Date of Issue: November 19, 2018
Proposal Due Date: December 20, 2018
TABLE OF CONTENTS
I. PROJECT OBJECTIVE………………………………………………………... 2
II. PROJECT OVERVIEW………………………………………………………... 2
III. QUESTIONS …………………………………………………………………... 2
IV. RFP SCHEDULE ……………………………………………………………… 2
V. SITE INFORMATION ………………………………………………………… 3
VI. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL ………... 3
VII. SCOPE OF WORK AND DELIVERABLES …………………………………. 3
VIII. PROPOSAL CONTENT ………………………………………………………. 5
IX. MANDAOTRY REQUIREMENTS …………………………………………... 9
X. EVALUATION PROCESS …………………………………………………… 9
XI. RIGHT TO REJECT PROPOSALS……………………...…………………….. 10
XII. AFFIDAVITS ………………………………………………………...………... 11
XIII. GENERAL TERMS AND CONDITIONS……………….……………………. 11
XIV. RFP EXHIBITS …………………………..……………………………………. 21
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PROJECT SPECIFIC INFORMATION
I. PROJECT OBJECTIVE
The Minnesota Department of Transportation (MnDOT), hereinafter referred to as the “State”, is soliciting proposals from qualified firms, partnerships, corporations, associations or professional organizations to design and build a solar photovoltaics system (PV system) on State property, and provide power to the State facility referenced below.
Proposals may include any financing and ownership model, including but not limited to a Power Purchase Agreement (PPA), Direct Ownership, or a Lease-to-Own financing model. Responses must be submitted no later than Thursday, December 20th, at 2:00 pm CST.
II. PROJECT OVERVIEW
This RFP contemplates a Solar PV installation to be built on State property, located at 6000 Minnehaha Avenue South, St. Paul, MN 55111. The provider will design and install a PV system, (and operate and maintain the system if provided for in the proposal agreement) to maximize solar resources, taking into account the facility’s electrical demand and load patterns, proposed installation site, installation costs, and other relevant factors.
III. QUESTIONS
Responders who have any questions regarding this RFP must submit questions, by email only, to: [email protected]
Questions regarding this RFP must be received by State no later than Monday, December 10, 2018, 4:00 pm CST. State anticipates posting answers to such questions no later than Monday, December 17, 2018. No other State personnel are allowed to discuss this RFP before the proposal submission deadline. Contact regarding this RFP with any personnel not listed above may result in disqualification.
IV. RFP SCHEDULE
This proposal will remain open from Monday, November 19, 2018 to Thursday, December 20, 2018.
The following schedule and deadlines apply to this solicitation:
Pre-Bid Site Inspection: Date: Wednesday, December 5, 2018 Time: 2:00-4:00 pm CST Location: 6000 Minnehaha Avenue South, St. Paul, MN 55111
Final Submittal of Questions: Date: Monday, December 10, 2018. 4:00 pm. CST Submit Questions to: [email protected]
Request for Proposal Due: Thursday, December 20, 2018, no later than 2:00 pm CST.
Responders must adhere to all terms of this RFP. Late proposals will be considered non-responsive and will not be considered. Fax and e-mail proposals will not be accepted or considered. All costs incurred in responding to this RFP will be the responsibility of the provider.
All proposals must be mailed (United States Postal Service), expressed (UPS, FedEx or other similar express carrier) or dropped off to the attention of:
Kelly Arneson, Contract Administrator Minnesota Department of Transportation 395 John Ireland Blvd.
Saint Paul, MN 55155
All proposals must be received no later than 2:00 p.m. Central Standard Time on Thursday, December 20, 2018. Please note that MnDOT security procedures do not allow non-MnDOT employees to have access to the elevators or the stairs. You should plan enough time and follow these instructions for drop-off:
• Enter through the Rice Street side of the Central Office building (1st Floor). • Once you enter through the doors, you should walk straight ahead to the Information Desk. • Proposals are accepted at the Information Desk only. The receptionist will time stamp the
proposal.
Responders must submit three hard copies of the proposal, along with one copy of the entire response on a flash drive (MnDOT can no longer accept CDs). The proposal must be submitted in a sealed mailing envelope or package, clearly marked “Proposal” on the outside. An authorized member of the firm must sign the response.
V. SITE INFORMATION
The State has determined that a PV system can be successfully installed at the Central Services Fort Snelling Office, located at 6000 Minnehaha Avenue South, St. Paul, MN 55111. This solicitation contemplates a rooftop PV system on a flat ballasted EPDM roof. The average energy and power usage for the building is as follows:
Average Monthly Energy Use: 32,000 kWh/SF Average Monthly Demand: 70-145 kW Xcel Meter Number: 000014050888 Additional site information, including building roof plans, will be provided at the pre-bid inspection, as detailed in Section IV (RFP Schedule).
VI. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL
Each responder to this proposal must fully inform themselves of the conditions relating to the project and employment of labor. Failure to do so will not relieve a successful responder of the obligation to carry out the provisions of the contract. The responder should make every effort to visit the site prior to submitting a proposal to determine the best course of action for the facility.
Before submitting a proposal, responders will have the ability to tour the site; see details in IV (RFP Schedule “Pre-Bid Inspection.”) The Pre-Bid Inspection is not mandatory, but is highly recommended as building roof plans will only be provided during this time.
VII. SCOPE OF WORK AND DELIVERABLES
The successful responder will design, provide, and install the PV system. If provided for in the financing proposal, the successful responder will be responsible for maintenance and operation of the PV System. The scope of this project is all inclusive and includes planning, engineering, labor, materials, delivery,
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tools and equipment, installation, commissioning, and decommissioning (if applicable) as well as all warranties. This includes all structural and utility modifications that are required.
The responder shall include in its proposal all elements necessary for a turn-key project including rebate applications, grid connection agreement, all permits and approvals from governing agencies and all labor, taxes, services and equipment. Responder shall apply for and obtain all necessary permits required by the State, and all regulatory agencies including federal, state, and local jurisdictions. All fees required by the State or other jurisdictions shall be the responsibility of the applicant. The responder shall make the decision on the best location for metering and the numbers of meters required.
All proposed roof mounted solar panels, tracks and anchoring equipment shall not exceed five (5) pounds per square foot. Responder is also responsible for the connection to the local utility line. All installations shall comply with current approved building and electrical codes. A Guaranteed minimum output from the system shall be eighty percent (80%) of the expected performance output from the system.
Materials, supplies, equipment, or services provided shall comply in all respects to all Federal and State environmental laws and regulations, including the U.S. and Minnesota Occupational Safety and Health Act standards.
Responder is responsible for the coordination with the local utility company for the facility interconnection to the power grid. Responder is also responsible for the coordination with the State for all permits, construction, operation, maintenance, repair or upgrade to the facility to assure the facility is operated and maintained without disruption to State operations, except as specifically approved by the State. All work will be done in collaboration and coordination with the State. The State shall approve all work prior to commencement.
Due to the nature of the roof design, only a non-invasive system (i.e. no support roof penetrations, only main feeders shall penetrate roof) will be considered. A ten foot perimeter of free and clear area must be allowed between the PV system and the roof edge for safety and clearance issues. Layout of the PV system shall be fully coordinated, and take into account all items located on the roof, which include, but are not limited to: skylights, mechanical exhaust fans, vents, roof drains, etc. Layout must maintain access by the owner to existing roof mounted equipment.
Final layout and design of the PV system shall be determined by the responder. Layout and design shall comply with required structural performance criteria, including ballast to resist IBC 2006/ASCE-7, 90 MPH wind loading, and exposure C. The design shall uniformly distribute point loads throughout the PV system. Provide structural calculations prepared by a structural engineer registered in the State of Minnesota. Responder shall engage the services of a structural engineer registered in the State of Minnesota to perform loading calculations for the existing building roof based upon direct observations and existing records. Utilizing these calculations, responder’s structural engineer shall make recommendations regarding allowed roof loads for the PV system.
Responder shall engineer and install any additional bracing if required to allow for distributed point loads throughout PV system. Bracing shall be provided at no additional cost to owner. Responder shall provide project specific calculations verifying adequacy of the framing support system and ballast to resist local system component failures as well as designing the global system to resist uplift, sliding and overturning due to wind.
Calculations shall certify that total PV system loads in the final design layout do not exceed the maximum allowable superimposed load on the roof structure.
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Bearing pads or other shim materials (placed between the metal support frame provided by the responder and the existing roofing system) shall be provided by the responder. Pads must be of adequate size, type and configuration such that they allow natural roof drainage to be maintained. Responder shall also verify such bearing pads, and any loads and stresses transferred by them to the roof, will not affect the warranty of the existing roofing system. Responder shall provide a letter certifying that the roofing warranty will not be affected. Responder shall coordinate with the owner or owner’s roofing contractor for the installation of slipsheet or buffer pad installation under the ballasted PV array system as required to maintain the roof warranty.
VIII. PROPOSAL CONTENT
A. Submission Instructions: Proposals should be submitted on 8-1/2” x 11” paper, and is limited to twenty (20) pages per proposal, excluding resumes or sample agreements (including leases), such as power purchase or financing agreements. Text must be a minimum of eleven-point Times New Roman font.
B. Alternative or multiple proposals: Responders to this RFP are welcome to submit alternative or multiple proposals for PV systems. Alternative or multiple proposals must include all required information referred to in this RFP. Responders may include additional information or concerns that State should be made aware of, and may ask question regarding this RFP during the time referenced above. (See RFP Schedule)
Proposals must include the following information:
C. Project Understanding Summary. This is an overview of the principal elements of the proposal, demonstration of an understanding of the project objectives, and description of the responder’s approach to the project. Include in the summary the proposed configuration of the equipment and any additional scope of work tasks the responder feels are necessary for the successful completion of the project, including the use of any subcontractors. Responder may also include any suggestions or special concerns that the State should be made aware of.
D. Work Plan – Project Approach
1. Schematic Design Layout: Responder must provide a system schematic design layout for the systems, including photovoltaic model type and model number, wattage, number of modules, year one (1) production, degradation percentage, inverter type and model, mounting system type, azimuth, tilt, system size AC and DC, and the impact on time demand related charges on the State’s utility bills and daily demand charges at this facility. Responder must describe any use of interior space on site required for installation or maintenance activities.
2. Technical Specifications: The following technical information should be discussed in the responder’s proposal:
• Major equipment manufacturers • Description of technology and configuration • Summary of the commercial operating experience of the equipment used or to be
chosen • Solar system layout of equipment and characteristics • Electrical interconnection and metering/net-metering • Foundation of PV support system • Level of efficiency • Inverter (Efficiency over % rated power output)
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• DC and AC capacity rating • Expected annual energy production in kWh by month • Provide PV Watts output and inputs, see Exhibit A for further guidance on PV
Watts calculations • Communications, control and instrumentation • Facility limitations that may constrain operation • Project Management plan • Quality assurance plans • Start-up and testing • Factory and performance tests • Description of frequency and duration of scheduled maintenance • Design live loading (wind, seismic, etc.): Details here about snow drifting • Design for additional reinforcing of building if required • Provide any information that could impact the cost, construction schedule or output
capability of the project • Proposals shall demonstrate a proven, comprehensive data acquisition system with
current and historical data available remotely through a real-time internet site capable of tracking, but not be limited, to the following:
o Site-specific actual kWh production (average and cumulative totals) o Site-specific instantaneous maximum kWh production o Actual meteorological data o Solar irradiance o Ambient and module temperature o Capacity factor o Degradation
• Proposals shall provide evidence that the proposed technology and equipment would meet or exceed all currently applicable and proposed safety and interconnection standards. All equipment components must be listed or recognized by an appropriate safety laboratory (e.g., Underwriter’s Laboratory [UL]), and meet existing facility structural and fire safety requirements.
• Proposals shall provide evidence that the proposed technology and equipment would meet or exceed all currently applicable and proposed environmental standards.
• Proposals shall provide evidence that the proposed technology and equipment are designed for normal operation in the Minnesota climate.
• Proposals shall provide evidence that the proposed technology does not incorporate proprietary components and that the system design allows for multiple sources of supply and/or repair.
3. Safety and security: The successful responder shall take all necessary and reasonable safety precautions with respect to providing the installation work, renewable energy services, and system operations, and shall comply will all applicable laws pertaining to the health and safety of persons and real and personal property. Responder must address what measures responder will take to ensure security of the system as necessary to prevent injury to persons in the vicinity of the system. State shall not be responsible for any loss of, or damage to, any portion of the system, or any of the responder’s personal property, except to the extent caused by State’s gross negligence or willful misconduct.
4. Operations and Maintenance: If the proposal contemplates a Power Purchase Agreement, or other financing mechanisms that contemplates Operation and Maintenance (O&M), the responder should provide a detailed O&M plan, including staffing, budget, management and control over
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any facility, authority over the O&M budget, and guarantees on O&M costs for the entirety of the lease term(s). If applicable, include any discussion of contracting for outside services.
5. Proposed Agreements: Proposals must include any proposed agreements between State and responder necessary for executing the proposed financial or ownership model. Proposed agreements must include or meet the general terms and conditions found below in section XIV. “General Terms and Conditions.” If responder intends to retain ownership for any time during the operation of the PV system, responder must include a proposed lease. State requires fair market value for rental of any space.
E. Experience and Qualifications
1. Personnel Qualifications: Proposals must clearly demonstrate the capability, academic background, training, certifications and experience of the proposed personnel to perform the work, and must also discuss the availability of the proposed staff.
a. Responder(s) shall possess the following certifications:
1. State of Minnesota Contractor construction licenses; 2. Minnesota Professional Engineering (PE) registration for electrical, structural,
civil and fire protection work; 3. North America Board of Certified Energy Practitioners (NABCEP) Certification; 4. Certified energy manager (CEM) from the Association of Energy Engineers.
b. Responder(s) must provide a list of personnel who will work on the project, including
resumes of proposed project team members that delineates education, current licenses and certificates, prior employment and titles (included as attachments).
2. Project Team Structure: An organizational chart describing the roles and specific responsibilities of each person.
3. Subcontractor and Substitution of Personnel: If subcontractors are to be used on this project, responders must also outline their background and experience, including examples of similar work done by each subcontractor. Responders must also provide a list of the subcontractor’s personnel who will perform work on the project, detailing their training and work experience. No change in personnel assigned to the project will be permitted without the written approval of State’s Project Manager. Responders must be sure to specifically address required and/or desired skills and qualifications listed above, if applicable
4. References: Proposals must include a list of similar projects completed by the responder within
the last five (5) years. To be considered, responders are required to have designed, installed, and completed a minimum of three (3) solar PV projects in the United States that are commercial grid-connected solar PV systems. One of the referenced projects must be with local governments, schools, or state government, and one of the referenced projects must be of a similar scale and type. All three (3) projects must be currently providing the full/ rated solar generation capability. Project references should include a project description, agency or client name, and a contact name with the person, telephone number(s) and email addresses, year completed, and project construction and design cost.
F. Warranties/Guarantees. No module will generate less than 95% of its specified minimum power
when purchased. PV modules shall have a 25-year limited warranty that modules will generate no less than 80% of rated output under STC. PV modules that do not satisfy this warranty condition shall be
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replaced at no cost to the State. Measurement made under actual installation and temperature will be normalized to standard test conditions using the temperature and coefficients published in the module specifications. The entire system must have a 10-year warranty covering all components and system operability. The successful responder is responsible for disposal and recycling of components that are replaced under warranty. The following warranties are required in applicant’s response:
1. Any warranty required to qualify a system for available rebates or incentives; 2. 10 year complete system warranty; 3. 25 year PV panel warranty, with a maximum of 20% degradation; and 4. 10 year complete operational power capacity warranty.
G. 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 Minnesota’s 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 the state’s communities and fosters economic development and equality.
To further this commitment, the Minnesota 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.
Responders must provide details in their response that address diversity and inclusion initiatives responder will take.
H. Other forms:
1. Affidavit of Non Collusion 2. Certificate Regarding Lobbying (if proposal exceeds $100,000, including extension options) 3. Workforce Certification (if proposal exceeds $100,000, including extension options) 4. Equal Pay Certificate Form (if proposals exceeds $500,000, including extension options) 5. Veterans Preference Form (if applicable) 6. Resident Vendor Form (if applicable)
I. Cost Proposal:
Responders must provide, in a separate envelope, one copy of the cost proposal, clearly marked on the outside “Cost Proposal,” along with the responders’ official business name and address. For purposes of completing the cost proposal, State does not make regular payments based upon the passage of time; it only pays for services performed or work delivered after it is accomplished. Terms of the proposal as stated must be valid for the length of the project.
1. Responders must provide in their cost proposal the following applicable information: a. Total project cost to install a ready to operate PV system;
b. Breakdown of total project cost, including cost of labor, materials, equipment, and any
direct and indirect expenses; c. A table showing the estimated production of kWh/year over a 25 year period; and
d. Identification of any assumptions used to develop the cost proposal.
2. If proposing an energy purchase, energy credit, lease-to-own financing model, or some other
alternative model to direct ownership, provide the following:
a. A table showing for each year of the term of the agreement 1) price rate ($/kWh); 2) estimated production (kWh/year); and 3) estimated cost/year;
b. An estimate of the cost to the State to purchase the PV system at the end of the term of the agreement, and any interim purchase offers included;
c. An estimate of any other costs, if any, to be borne by the State;
d. A table of rent to be paid by responder to State for the term of any proposed lease;
e. Describe the assumptions of the ownership of the RECs in the cost and the impact to the
proposed cost, if the State were to retain or acquire the REC ownership; and
f. Identification of any assumptions used to develop the Cost Proposal.
Responders must have the cost proposal signed by an authorized member of the firm. Responders must not include any cost information within the body of the technical proposal.
IX. MANDATORY REQUIREMENTS (Scored as Pass/Fail) The following will be considered on a pass/fail basis.
1. Proposals must be received on or before the due date and time specified in this solicitation. 2. Proposals must be signed by a company official with the power to bind the company in its
proposal. 3. Responder must provide the following certifications in good standing:
a. State of Minnesota’s Contractor construction licenses; b. Minnesota Professional Engineering (PE) registration for photovoltaic / electrical,
structural, civil and fire protection work; c. North American Board of Certified Energy Practitioners (NABCEP) Certification; d. Certified energy manager (CEM) from the Association of Energy Engineers.
4. Responder must provide its company’s bond rating. 5. Responder must provide the following warranties/guarantees in applicant’s response:
a. Any warranty required to qualify a system for available rebates or incentives; b. 10 year complete system warranty; c. 25 year PV panel warranty, with a maximum of 20% degradation; and d. 10 year complete operational power capacity warranty.
Proposals that fail to meet any of the above requirements will be considered non-responsive, and will not be further considered for contract award.
X. EVALUATION PROCESS Representatives of State will evaluate all proposals received by the deadline. In some instances, an interview may be part of the evaluation process. State reserves the right, based on scores of the proposals, to create a short-list of responders to interview. A 100-point scale will be used to create an initial evaluation recommendation. The factors and weighting on which proposals will be judged are broken down in the following table:
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Rating Factor Weighting Percentage
Responder Experience and Qualifications (Company & Key Personnel)
- Minimum Qualifications re: list of personnel and team structure
- References
25%
Work Plan – Project Approach
- Project Understanding Summary - Schematic Design Layout - Alternative or multiple proposals - Safety and security - Technical specifications - Operations and Maintenance - Proposed Agreements
30%
Diversity & Inclusion Plan
- Commitment to Diversity & Inclusion
5%
Cost Detail 40%
The full proposal will be evaluated on a best value basis, 60% technical qualifications and 40% cost considerations. First, the review committee will assign scores for the technical qualifications. Then, the review committee will open the cost proposals. Cost detail points (up to 40 points) will be assigned to each proposal based upon the total net present value to the State.
By submitting a proposal, the responder acknowledges that State retains full discretion over the determination of technical and cost points. By submitting a proposal, the responder also waives any claim it may have against State with respect to the evaluation, scoring, and selection, non-selection, or rejection of its proposal.
State anticipates that the evaluation and selection will be completed by January 10, 2019.
XI. RIGHT TO REJECT PROPOSALS
Right to Reject Proposals: The State reserves the right to reject any or all proposals submitted and no representation made herein that any contract will be awarded pursuant to this RFP or otherwise.
Incurred Expenses: All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the responder. The State will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by the responder.
Cancellation: This RFP does not obligate State to award a contract or complete the project, and State reserves the right to cancel the RFP if it is considered to be in its best interest.
Revisions to RFP by the State: This RFP may only be amended, modified, or supplemented by an instrument in writing by the authorized representative of the State.
Disposition of Responses: All materials submitted in response to this RFP will become property of State and will become public record, in accordance with Minnesota Statutes §13.591, after the evaluation process is completed. Pursuant to the Statute, completion of the evaluation process occurs when State has
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completed negotiating the contract with the successful responder.
If a responder submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes §13.37, the responder must:
Clearly mark all trade secret materials in its response at the time the letter of interest is submitted; Include a statement with its response justifying the trade secret designation for each item; and Defend any action seeking release of the materials it believes to be trade secret, and indemnify and
hold harmless the state, its agents and employees, from any judgments or damages awarded against the state in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives State’s award of a contract. In submitting a letter of interest, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of State. State is required to keep all the basic documents related to its contracts, including responses to RFPs, for a minimum of seven years.
State will not consider any prices submitted, by the successful responder, during the contract negotiation period to be proprietary or trade secret materials.
XII. AFFIDAVITS
A. Conflict of Interest affidavit and Disclosure:
Responders must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this RFP. This list should indicate the name of the entity, the relationship and a discussion of the conflict. Responders must complete the attached “Disclosure of Potential Conflict of Interest” form and submit it as part of their proposal. See Exhibit F.
B. Non-Collusion
Responders must complete the attached “Affidavit of Non-collusion” form and submit it as part of their proposal. See Exhibit E.
C. Certification of good standing with the Minnesota Secretary of State’s office.
XIII. GENERAL TERMS AND CONDITIONS Responders should be aware of MnDOT’s standard contract terms and conditions, listed below, when preparing their proposal. Much of the language reflected in the contract template is required by statute. A responder will be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions.
If a responder does take exception to any of the terms, conditions or language below, they must indicate those exceptions in their proposal. Submission by the responder of its proposed language will not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the State’s terms and conditions.
RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE SPECIAL TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED.
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A material deviation is an exception to the RFP general or special terms and conditions and/or specifications that:
1. Gives the responder taking the exception a competitive advantage over other vendors; or, 2. Gives the State something significantly different from that which the State requested.
A. Jurisdiction
The Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, and both parties consent to the personal jurisdiction of the courts of the State of Minnesota.
B. Trade Secret/Disposition of Responses
All materials submitted in response to this RFP will become property of the State and will become public record after the evaluation process is completed and an award decision made. If the responder submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the responder must:
1. Clearly mark all trade secret materials in its response at the time the response is submitted; 2. include a statement with its response justifying the trade secret designation for each item;
and, 3. Defend any action seeking release of the materials 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 materials, and any and all costs connected with that defense. This indemnification survives the State’s award of a Contract. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the State. The State is required to keep all the basic documents related to its Contracts, including responses to RFP for a minimum of seven years.
4. Only information properly identified will be eligible for Trade Secret designation. This includes but is not limited to any material that may be submitted as part of the RFP response, or in relation to a subsequent Contract. Information labeled “confidential,” “proprietary,” or labeled with similar tags with regard to limiting the State’s disclosure will NOT be eligible for trade secret designation unless the information is property identified and it meets the statutory definition of a trade secret. Information submitted with the response must be placed in the proper Trade Secret file location as designated in the RFP. Information that may be submitted outside of the electronic system must include a proper cover page clearly indicating trade secret designation. By submitting a response you agree that the information that does not follow the trade secret process defined herein or does not meet the statutory definition of trade secret may be released by the State without prior notification to the responder and/or the responder.
The State will not consider the prices submitted by the responder to be trade secret materials.
C. Conduct
All employees of the successful responder(s) shall conduct themselves in a professional and courteous manner at all times. Personnel deemed unacceptable by the State shall be replaced immediately. The State reserves the right to reject any employee.
D. Ownership
1. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the responder in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the State and all such material shall be remitted to the State by the responder upon completion, termination or cancellation of the Contract. The responder shall not
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use, willingly allow or cause to allow such material to be used for any purpose other than performance of the responder’s obligations under this Contract without the prior written consent of the State.
2. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the said documents that the responder conceives or originates, either individually or jointly with others, which arises out of the performance of the Contract, will be the property of the State and are, by the Contract, assigned to the State along with ownership of any and all copyrights in the copyrightable material. The responder also agrees, upon the request of the State, to execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights on such materials. Where applicable, works of authorship created by the responder for the State in performance of the Contract shall be considered “works for hire” as defined in the U.S. Copyright Act.
a. Notwithstanding the above, the State will not own any of the responder’s pre-existing intellectual property that was created prior to the Contract and which the State did not pay the responder to create. The responder grants the State a perpetual, irrevocable, non- exclusive, royalty free license for responder’s pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Contract.
E. Pre-Award Audit
The successful responder will be required to submit pre-award audit information and comply with audit standards. Failure to do so may result in disqualification. The State reserves the right, at its sole discretion and at any time, to perform an audit of the responder’s and/or subcontractor’s performance under this RFP.
The right to audit shall include any of the provider’s subcontractors, including subcontractors that provide essential support. The responder and/or subcontractor shall ensure the State has the right to audit such subcontractors.
The responder and/or subcontractor shall cooperate with State’s designated accountant or auditor and shall provide the necessary assistance for State’s designated accountant or auditor to conduct the audit.
F. Government Data Practices Act
Responder and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by State under any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by responder under the work order contract. The civil remedies of Minnesota Statute §13.08 apply to the release of the data referred to in this clause by either responder or State. If responder receives a request to release the data referred to in this Clause, responder must immediately notify State. State will give responder instructions concerning the release of the data to the requesting party before the data is released.
The responder agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the responder subcontracts any or all of the work to be performed under the Contract, the responder shall retain responsibility under the terms of this paragraph for such work.
G. Prevailing wage
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To meet Minn. Stat. § 177.43 requirements, the successful responder (“contractor” for these prevailing wage provisions) and subcontractor(s) shall submit payroll forms according to MnDOT (Office of Construction, Transportation Building, Mail Stop 650, 395 John Ireland Blvd., St. Paul, MN 55155-1899) requirements.
1. All contractors shall submit a payroll statement to the Department of Transportation, Minn. State. § 177.44, subd. 7. The statement shall be submitted based on the contractor’s payment schedule. If a contractor pays its employees biweekly, a payroll statement shall be submitted biweekly (MnDOT Contract Administration Manual, Section .320). All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer (Minn. Stat. § 181.10). Each Statement submitted shall include all employees that performed work under the contract and provide at a minimum the following information (Minn. Rules 5200.1106, Subpart 10 and Minn. Stat. § 177.30):
• Contractor’s name, address, and telephone number • State project number • Payroll report number • Project location • Workweek ending date • Name, social security number, and home address for each employee • Labor classification(s) and/or three-digit code for each employee • Hourly straight time and overtime wage rates paid to each employee • Daily and weekly hours worked in each labor classification, including overtime hours
for each employee • Authorized legal deductions for each employee • Project gross amount, weekly gross amount and net wages
2. Payroll records may be submitted in any form provided it includes all the information contained
in Subpart A (1-11) of this section. However, contractors needing a payroll form may utilize the “front side” of the U.S. Department of Labor’s, WH-347 Payroll Form. This form is available by visiting the Labor Compliance website (www.dot.state.mn.us/const/labor).
3. All payroll records must be accompanied with a completed and signed MnDOT 21658 – Statement of Compliance Form (Minn. Rules 5200.1106, Subpart 10).
4. The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed. (Minn. Stat. § 177.30(1)(2)(3)(4)).
5. The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued (Minn. Stat. § 177.30(4)).
6. At the end of each pay period, each contractor shall provide every employee, in writing an accurate, detailed earnings statement. (Minn. Stat. § 181.032).
7. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department of Transportation, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with records, deemed appropriate by the requesting agency to determine compliance with these contract provisions. (Minn. Stat. § 177.44, subd. 7 and Minn. Rules 5200.1106, Subpart 10).
8. At the Department of Transportation’s discretion, the project engineer may administer the submission of payroll records according to MNDOT’s Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MnDOT Contract Administration Manual, Section A (4)(d).
9. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the Department of Transportation may implement the actions prescribed in State Funded Construction Contracts Special Provisions Division A – Labor, Section XVI. NON-COMPLIANCE AND ENFORCEMENT available on-line at: http://www.dot.state.mn.us/const/labor/documents/contractdocs/specprovdivastate.pdf
H. Workmanship
The successful responder must employ personnel skilled and experienced for the specific task required. Licensed journeymen shall be employed where required by law. Workmanship shall be of the highest quality and performed in a neat and expeditious manner. Qualified supervision shall be at the site when work is progressing.
I. Right to inspect and require work
Any work performed that is not in conformance with the specifications of the contract, or the legal requirements governing the work, shall be subject to rejection. All rejected work shall be immediately replaced or modified at the successful responder’s expense so as to conform to the contract. If the State, or its authorized representative, judge that the work being performed by the successful responder is not in strict conformance with the contract, the State, or its authorized representative, shall have the right to order the work of the responder wholly or partially stopped, or suspended until any nonconforming work has been corrected. Such stoppage or suspension shall not invalidate or modify any terms of the contract and no extra compensation or reimbursement will be allowed to the successful responder by reason of such stoppage or suspension.
J. Work not permitted/ approval required
Repair work, new installations, or extension of an existing system covered by this contract does not extend to modification of building structural, mechanical, or electrical components, even though this work may be incidental to – or necessary for – repair/modification unless approved in advance by State’s Building Services unit. Should such work be required, immediately notify the facility director/representative to contact the Building Services unit to ensure qualified professional building design resources are involved in undertaking such modifications.
K. Insurance Requirements
Prior to execution of the Contract, the successful responder must provide a certificate of insurance showing that they have each type of insurance coverage below, and the limits required herein. The certificate must be filed with State’s Authorized Representative within 30 days of execution of the contract, and prior to commencing work under the contract. The successful responder must maintain such insurance in full force and effect throughout the term of the contract. Right to Terminate. State reserves the right to immediately terminate the contract if the successful responder is not in compliance with the insurance requirements, and State retains all rights to pursue any legal remedies against the successful responder. All insurance policies must be open to inspection by State and copies of policies must be submitted to State’s Contract Administrator upon written request. 1. Worker’s Compensation Insurance
The successful responder will be required to provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, will require its subcontractor(s) to provide Workers’ Compensation insurance in accordance with the statutory requirements of the state of
Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:
• $100,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $100,000 – Bodily Injury by Accident
2. Commercial General Liability Insurance:
The successful responder will be required to maintain insurance protecting the successful responder from claims for damages for bodily injury, including sickness or disease, death and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the contract whether the operations are by the successful responder or by a subcontractor or by anyone directly or indirectly employed by the successful responder pursuant to the contract. The following coverages must be included:
• Premises and Operations Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket Contractual Liability • Products and Completed Operations Liability • State of Minnesota named as an Additional Insured, to the extent permitted by law
The successful responder will be required to maintain insurance protecting the successful responder from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned automobiles which may arise from operations under the contract, and in case any work is subcontracted the successful responder must require the subcontractor to provide Commercial Automobile Liability insurance. Insurance minimum limits are as follows:
• 2,000,000- per occurrence Combined Single limit for Bodily Injury and Property
Damage. • In addition, the following coverages must be included: • Owned, Hired, and Non-owned Automobile
4. Professional/ Technical, Errors and Omissions, and/ or Miscellaneous Liability Insurance
The successful responder will be required to provide coverage for all claims the successful responder may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the successful responders professional services performed under the contract. Unless otherwise specified within this RFP, the responder will be required to carry the following minimum limits:
• $2,000,000 per claim
• $2,000,000 annual aggregate
Any deductible will be the sole responsibility of the successful responder and may not exceed $50,000 with the written approval of State. If the successful responder desires authority from State have a deductible in a higher amount, the successful responder will be required to make
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such request in writing, specifying the amount of the desired deductible and providing financial documentation, acceptable to State, so that State can ascertain the ability of the successful responder to cover the deductible from its own resources. State will treat such financial statements as non-public data to the extent permitted by the Minnesota Government Data Practices Act.
The retroactive or prior acts date of coverage must not be after the effective date of the contract and the successful responder must maintain such coverage for a period of at least three years following the completion of work. If such insurance is discontinued, then extended reporting period coverage must be obtained by the successful responder to fulfill this requirement.
5. Umbrella Insurance/ Other Insurance Requirements An Umbrella or Excess Liability insurance policy may be used to supplement the successful responder’s policy limits to satisfy the full policy limits required by the contract. The successful responder’s policy will be the primary insurance to any other valid and collectible insurance available to State with respect to any claim arising out of the successful responder performance under this contract. If the successful responder receives a cancellation notice from an insurance carrier affording coverage herein, the successful responder agrees to notify the state of Minnesota within five business days with a copy of the cancellation notice, unless the successful responder’s policy contain a provision that coverage afforded under the policy will not be cancelled without at least 30 days advance written notice to the state of Minnesota. The successful responder is responsible for payment of contract related insurance premiums and deductibles. The successful responder’s policy must include legal defense fees in addition to its liability policy limits. The successful responder must obtain insurance policies from insurance companies having an “AM BEST” rating of “A minus”, a Financial Size Category VII, or better, and authorized to do business in the state of Minnesota. If the successful responder is self-insured, a Certificate of Self-Insurance must be provided to State.
L. Indemnification, Hold Harmless And Limitation Of Liability The Successful responder shall indemnify, protect, save and hold harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the State arising from the performance of the Contract by the responder or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the responder may have with the State’s failure to fulfill its obligations pursuant to the Contract. The State agrees that the responder, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $10,000,000 or the Contract amount, whichever is greater. This limitation of liability does not apply to damages for personal injury or death, or to the responder’s obligation to indemnify, defend and hold the State harmless against intellectual property infringement claims under paragraphs titled and included in this Agreement. This indemnification does not include liabilities caused by the State’s gross negligence or intentional wrongdoing of the State.
M. State’s Non-Indemnification.
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Nothing herein, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Contract Vendor, Contract Vendor’s subcontractors, or Contract Vendor’s agents. This shall extend to all agreements related to the subject matter of this RFP, and to all terms subsequently added, without regard to order of preference.
N. Copyright
The responder shall save and hold harmless the State of Minnesota, its officers, agents, servants and employees, from liability of any kind or nature, arising from the use of any copyrighted or not copyrighted composition, secret process, patented or not patented invention, article or appliance furnished or used in the performance of the Contract.
O. E-Verify Certification.
By submission of a response for services in excess of $50,000, the responder certifies that as of the date of services performed on behalf of the State, the responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. This is required my Minn. Stat. §16C.075. In the event of contract award, the contract vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available on the Department of Administration website. All subcontractor certifications must be kept on file with the contract vendor and made available to the State upon request.
P. Certification of Nondiscrimination
In accordance with Minnesota Statutes §16C.053, the following term applies to any contract for which the value, including all extensions, is $50,000 or more: responders must certify that they do not engage in and have no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, “discrimination” includes, but is not limited to, engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.
Q. Human Rights/Affirmative Action
The State requires affirmative action compliance by its responders in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600.
1. Covered contracts and responders. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the responder employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the responder must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A responder covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A responder covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months
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within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements.
2. Minn. Stat. § 363A.36, subd. 1 requires the responder to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided.
a. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a responder’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.34005000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.35525000.3559.
b. Disabled Workers. Minn. R. 5000.3550 provides the responder must comply with the following affirmative action requirements for disabled workers.
3. Affirmative Action for Disabled Workers a. The responder must not discriminate against any employee or applicant for
employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
b. The responder agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the responder’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
d. The responder agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the responder’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees.
e. The responder must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the responder is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons.
4. Consequences. The consequences of a responder’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a
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certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State.
5. Certification. The responder hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. § 363.36 and Minn. R. 5000.3400 to 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 Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency.
R. Equal Pay Certification If the response to this solicitation could be in excess of $500,000, the responder must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not employed 40 or more full- time employees on any single working day during the previous 12 months in Minnesota or the state where it has its primary place of business. 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 at [email protected].
S. Laws And Regulations
Any and all services, articles or equipment offered and furnished shall comply fully with all State and federal laws and regulations, including Minn. Stat. § 181.59 and Minn. Stat. Ch. 363A prohibiting discrimination and business registration requirements of the Minnesota Secretary of State’s Office.
T. Payment
Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” All goods/services provided by responder under the Contract must be performed to State’s satisfaction as determined by the sole discretion of the State’s Authorized Representative and be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the State’s Office of the Secretary of State. Responder will not receive payment for work found by State to be unsatisfactory or performed in violation of federal, state, or local law.
U. Force Majeure
Neither the State or the responder shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to bring about performance as soon as practicable.
V. Publicity
Any publicity given to the program, publications or services provided resulting from a State Contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the responder, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the State.
The responder shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the State. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices.
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W. State Audit
Pursuant to Minn. Stat. § 16C.05, subd. 5 The books, records, documents, and accounting procedures and practices of the responder or other party that are relevant to the Contract or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Contract or transaction.
The State reserves the right to authorize delegate(s) to audit this contract and transactions.
XIV. RFP Exhibits
A. Twenty-four (24) Months of Utility Bills, Hourly Electrical Consumption Data B. Work Force Certificate Information C. Equal Pay Certificate D. Targeted Group, Economically Disadvantaged and Veteran-Owned Small Businesses Preference Form E. Affidavit of Non-Collusion F. Conflict of Interest Statement
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EXHIBIT A
Twenty-four (24) months of utility bills, hourly electrical consumption data
Time Period: 05/11/2017 – 04/12/2018 Customer Name: MnDOT/Central Svcs Address: 6000 Minnehaha ave. Account Number: 51-6037435-8 City, State, ZIP: Saint Paul, MN 5111-4014 Report Create Date: May 08, 2018
STATE OF MINNESOTA – WORK FORCE CERTIFICATE INFORMATION
(ONLY FOR CONTRACTS THAT COULD EXCEED $100,000)
This form is required by state law for all proposals that could exceed $100,000.00. Complete this form and return it with your proposal. The State of Minnesota is under no obligation to delay proceeding with a contract until a company becomes compliant with the Workforce Certification requirements in Minnesota Statutes §363A.36. http://mn.gov/mdhr/
MINNESOTA COMPANIES that have employed more than 40 full-time employees within this state on any single working day during the previous 12 months, check one option below: ☐ Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights (MDHR). ☐ Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on (date).
NON-MINNESOTA COMPANIES that have employed more than 40 full-time employees on a single working day during the previous 12 months in the state where it has its primary place of business, check one option below: ☐ Attached is our current Workforce Certificate issued by MDHR. ☐ We certify we are in compliance with federal affirmative action requirements. Upon notification of contract
award, you must send your federal or municipal certificate to MDHR [email protected]. If you are unable to send either certificate, MDHR may contact you to request evidence of federal compliance. The inability to provide sufficient documentation may prohibit contract execution.
EXEMPT COMPANIES that have not employed more than 40 full-time employees on a single working day in any state during the previous 12 months, check option below if applicable: ☐ We attest that we are exempt. If our company is awarded a contract, we will submit to MDHR within 5
business days after the contract is fully signed, the names of our employees during the previous 12 months, the date of separation, if applicable, and the state in which the persons were employed. Send to [email protected].
By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of your company.
Name of Company: Date Authorized Signature: Telephone number: Printed Name: Title:
For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services
If your proposal could be in excess of $500,000, complete and submit this form with your submission. It is your sole responsibility to provide the information requested and, when necessary, to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) prior to contract execution. You must supply this document as part of your proposal. Contact MDHR with questions at 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay), or at [email protected].
Option A – If you have employed more than 40 full-time employees on any single working day in one state during the previous 12 months, check the applicable box below:
☐ Attached is our current MDHR Equal Pay Certificate
☐ Attached is MDHR’s confirmation of our Equal Pay Certificate application
Option B – f you have not employed more than 40 full-time employees on any single working day in one state during the previous 12 months, check the box below:
☐ We are exempt. We agree that if we are selected, we will submit to MDHR within five business days of final contract execution, the names of our employees during the previous 12 months, date of separation (if applicable), and the state in which the persons were employed.
The State of Minnesota reserves the right to request additional information from you. If you are unable to check any of the preceding boxes, please contact MDHR to avoid the Commissioner taking action to void your contract.
Your signature certifies that you are authorized to make the representations, the information provided is accurate, the State of Minnesota can rely upon the information provided, and the State of Minnesota may take action to suspend or revoke any contract with you for any false information provided.
☐ The business is an eligible TGB/ED as shown in the Minnesota Department of Administration online directory at: http://www.mmd.admin.state.mn.us/process/search/.
VETERAN-OWNED SMALL BUSINESSES
Unless a greater preference is applicable, and allowed by law, in accordance with Minnesota Statutes §16C.16, subdivision 6a, State will award a 6% preference on state procurement to certified small businesses that are majority owned and operated by veterans. The business is an eligible Veteran-Owned small business owned and operated by either (check the box that applies and attach the certification documents required with your response to this RFP):
Veteran-Owned Preference Requirements – See Minnesota Statutes §16C.19(d):
☐ The business has been certified by the Minnesota Department of Administration’s Office of State Procurement as being a veteran-owned or service-disabled veteran-owned small business.
OR ☐ The principal place of business is in Minnesota AND the United States Department of Veterans Affairs verifies
the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 38, part 74 (Supported By Documentation).
Statutory requirements and appropriate documentation must be met by the RFP response due date and time to be awarded the veteran-owned preference.
CLAIM THE PREFERENCE
You must submit this form, and the documentation required above, as part of your proposal in order to be considered for this preference.
I certify that the information contained herein is true, accurate and complete.
Signed: Proposer or Authorized Representative
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EXHIBIT E
STATE OF MINNESOTA
AFFIDAVIT OF NONCOLLUSION
I swear (or affirm) under the penalty of perjury:
1. That I am the responder (if the responder is an individual), a partner in the company (if the responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the responder is a corporation);
2. That the attached proposal submitted in response to the RFP has been arrived at by the responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with, any other responder of materials, supplies, equipment or services described in the RFP, designed to limit fair and open competition;
3. That the contents of the proposal 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 such persons prior to the official opening of the proposals; and
4. That I am fully informed regarding the accuracy of the statements made in this affidavit.
Authorized Signature:
Responders Firm Name:
Print Authorized Representative Name: Title:
Authorized Signature: Date:
Notary Public Subscribed and sworn to before me this:
day of ,
Notary Public Signature
Commission Expires
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EXHIBIT F
CONFLICT OF INTEREST CHECKLIST AND DISCLOSURE FORM
Purpose of this Checklist: This checklist is provided to assist proposers in screening for potential organizational conflicts of interest. The checklist is for the internal use of proposers and does not need to be submitted to State, however, the “Disclosure of Potential Conflict of Interest” form must be submitted with your proposal.
Definition of “Proposer”: As used herein, the word “proposer” includes both the prime contractor and all proposed subcontractors.
Checklist is not exclusive: Please note that this checklist serves as a guide only, and that there may be additional potential conflict situations not covered by this checklist. If a proposer determines a potential conflict of interest exists that is not covered by this checklist, that potential conflict must still be disclosed.
Use of the Disclosure Form: Proposers must complete the attached disclosure and submit it with their proposal (or separately, as directed by State, for projects not awarded through a competitive solicitation). If the proposer determines a potential conflict of interest exists, it must disclose the potential conflict to State; however, such a disclosure will not necessarily disqualify a proposer from being awarded a contract. To avoid any unfair “taint” of the selection process, the disclosure form should be provided separate from the bound proposal, and it will not be provided to selection committee members. MnDOT’s Contract Management personnel will review the disclosure and the appropriateness of the proposed mitigation measures to determine if the proposer may be awarded the contract notwithstanding the potential conflict. MnDOT’s Contract Management personnel may consult with State’s Project Manager and Department of Administration personnel. By statute, resolution of conflict of interest issues is ultimately at the sole discretion of the Commissioner of Administration.
Material Representation: Proposers are required to submit the attached disclosure form either declaring, to the best of its knowledge and belief, that no potential conflict exists, or identifying potential conflicts and proposing remedial measures to ameliorate such conflict. The proposer must also update conflict information if such information changes after the disclosure. Information provided on the form will constitute a material representation as to the award of this contract. State reserves the right to cancel or amend the resulting contract if the proposer failed to disclose a potential conflict, which it knew or should have known about, or if the proposer provided information on the disclosure form that is materially false or misleading.
Approach to Reviewing Potential Conflicts: State recognizes that proposer’s must maintain business relations with other public and private sector entities in order to continue as viable businesses. State will take this reality into account as it evaluates the appropriateness of proposed measures to mitigate potential conflicts. It is not State’s intent to disqualify proposers based merely on the existence of a business relationship with another entity, but rather only when such relationship causes a conflict that potentially impairs the proposer’s ability to provide objective advice to State. State would seek to disqualify proposers only in those cases where a potential conflict cannot be adequately mitigated. Nevertheless, State must follow statutory guidance on organizational conflicts of interest.
Statutory Guidance: Minnesota Statutes §16C.02, subdivision 10(a) places limits on state agencies ability to contract with entities having an “organizational conflict of interest”. For purposes of this checklist and disclosure requirement, the term “vendor” includes “proposer” as defined above. Pursuant to such statute, “organizational conflict of interest” means that because of existing or planned activities or because of relationships with other persons: (1) the 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 otherwise be impaired; or (3) the vendor has an unfair advantage.
Additional Guidance for Professionals Licensed by the Minnesota Board of Engineering: The Minnesota Board of Engineering has established conflict of interest rules applicable to those professionals licensed by the Board (see Minnesota Rules Part 1805.0300). Subpart 1 of the rule provides “A licensee shall avoid accepting a commission where duty to the client or the public would conflict with the personal interest of the licensee or the interest of another client. Prior to accepting such employment the licensee shall disclose to a prospective client such facts as may give rise to a conflict of interest”.
An organizational conflict of interest may exist in any of the following cases:
☐ The proposer, or its principals, own real property in a location where there may be a positive or adverse impact on the value of such property based on the recommendations, designs, appraisals, or other deliverables required by this contract.
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☐ The proposer, or its principals, in previous work for the state has provided the final design or related services that are directly related to performance of work required under this contract. Comment: this provision will, for example, disqualify a proposer who performed final design for State and now seeks to provide construction administration services for that same project. State believes this is necessary because the firm that prepared the plans may be unable to objectively determine plan errors and omissions. This may cause a situation where: (1) the vendor is unable or potentially unable to render impartial assistance or advice to the state; and (2) the vendor’s objectivity in performing the contract work is or might otherwise be impaired.
☐ The proposer is providing services to another governmental or private entity and the proposer knows or has reason to believe, that entity’s interests are, or may be, adverse to the state’s interests with respect to the specific project covered by this contract. Comment: the mere existence of a business relationship with another entity would not ordinarily need to be disclosed. Rather, this focuses on the nature of services commissioned by the other entity. For example, it would not be appropriate to propose on a MnDOT project if a local government has also retained the proposer for the purpose of persuading State to stop or alter the project plans.
☐ This contract is for right-of-way acquisition services or related services (e.g. geotechnical exploration) and the proposer has an existing business relationship with a governmental or private entity that owns property to be acquired pursuant to this contract.
☐ The proposer is providing real estate or design services to a private entity, including but not limited to developers, whom the proposer knows or has good reason to believe, own or are planning to purchase property affected by the project covered by this contract, when the value or potential uses of such property may be affected by the proposer’s performance of work pursuant to this contract. “Property affected by the project” includes property that is in, adjacent to, or in reasonable proximity to current or potential right-of-way for the project. The value or potential uses of the private entity’s property may be affected by the proposer’s work pursuant to the contract when such work involves providing recommendations for right-of-way acquisition, access control and the design or location of frontage roads and interchanges. Comment: this provision does not presume proposers know nor have a duty to inquire as to all of the business objectives of their clients. Rather, it seeks the disclosure of information regarding cases where the proposer has reason to believe that its performance of work under this contract may materially affect the value or viability of a project it is performing for the other entity.
☐ The proposer has a business arrangement with a current MnDOT employee or immediate family member of such employee, including promised future employment of such person, or a subcontracting arrangement with such person, when such arrangement is contingent on the proposer being awarded this contract. This item does not apply to pre-existing employment of current or former MnDOT employees, or their immediate family members. Comment: this provision is not intended to supersede any MnDOT policies applicable to its own employees accepting outside employment. This provision is intended to focus on identifying situations where promises of employment have been made contingent on the outcome of this particular procurement. It is intended to avoid a situation where a proposer may have unfair access to “inside” information.
☐ The proposer has, in previous work for the state, been given access to “data” relevant to this procurement or this project that is classified as “private” or “nonpublic” under the Minnesota Government Data Practices Act, and such data potentially provides the proposer with an unfair advantage in preparing a proposal for this project. Comment: this provision will not, for example, necessarily disqualify a proposer who performed some preliminary work from obtaining a final design contract, especially when the results of such previous work are public data available to all other proposers. Rather, it attempts to avoid an “unfair advantage” when such information cannot be provided to other potential proposers. Definitions of “government data”, “public data”, “non-public data” and “private data” can be found in Minnesota Statutes Chapter 13.
☐ The proposer has, in previous work for the state, helped create the “ground rules” for this solicitation by performing work such as: writing this solicitation, or preparing evaluation criteria or evaluation guides for this solicitation.
☐ The proposer, or any of its principals, because of any current or planned business arrangement, investment interest, or ownership interest in any other business, may be unable to provide objective advice to the state.
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DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Having had the opportunity to review the Organizational Conflict of Interest Checklist, the proposer hereby indicates that it has, to the best of its knowledge and belief:
☐ Determined that no potential organizational conflict of interest exists.
☐ Determined that a potential organizational conflict of interest exists, as follows:
Describe nature of potential conflict:
Describe measures proposed to mitigate the potential conflict:
Signature Date
If a potential conflict has been identified, please provide name and phone number for a contact person authorized to discuss this disclosure form with MnDOT contract personnel.
