Master Contract Program-902TS: Information for Vendors
What does it mean to be a Vendor on the Master Program List?
Vendors on the Master Contract Program-902TS list are prepared to partner with the state on project and/or staffing of current projects that is estimated to cost up to $2,000,000. That is, once approved to be on the list, a contractual agreement is executed between the state and the vendor, which allows the vendor to respond to state agencies Statements of Work (SOW). Only vendors approved to be on the list, and for the specific category of service needed, may respond to agency SOW's. It must be noted however that vendors are not guaranteed work via this program, but it does position them to be selected to provide services needed by state agencies.
Frequency the program opens for new applications:
The Master Contract Program - 902TS RFP will be open on a continuous basis. The program term is from July 1, 2009 through June 30, 2014.
Vendors responding to the State's RFP for inclusion in this program must:
- Agree to all requirements detailed in the Vendor Application
- Agree to compete for work orders under this Master Contract Program
- Provide three (3) relevant references for every category they are applying for. One engagement/reference may be used to support more than one of the skill categories while still offering three references per category.
- Provide a maximum hourly rate they would charge for each service category. To qualify for the proposed service the stated hourly rate may not exceed 75% above the average rate for all approved vendors and vendors currently applying in that same category.
- Finally if approved to participate in this program, the vendor must:
- Agree to the terms of the State's Master Contract Agreement.
- Provide the State a Certificate(s) of Insurance adding the State of Minnesota as the "Additional Insured" as it relates to General Liability, Automobile Liability, Workers Compensation/Employers Liability and Professional Liability. A Certificate of Insurance should be obtained from the vendor's insurance company. Please see the Vendor Minimum Insurance Requirements and Certificate of Liability Insurance Example for specific information.
Reasons Vendors may be excluded from the Program or a Specific Skill Category
The following is not intended to be all-inclusive list but some of the more common reasons vendors may be excluded from providing service(s) for this program.
- Vendor's maximum or high rate exceeds the current average rate plus 75%
- Vendor is unable to provide three references for a particular category
- Vendor is not willing to agree to reverse auction
- Vendor cannot or will not provide the Certificate of Insurance with minimum requirements showing the State of Minnesota as the "Additional Insured"
- Vendor has a conflict of interest in providing services to the State of Minnesota
- Vendor is not able to provide a convincing description that they are qualified to provide a particular service
- Vendor has previously been removed from the State's Master Contract Lists for non-performance
How are Maximum Rates Established?
The high rates in each category were averaged, and 75% of that amount was added to that dollar amount. Vendors whose stated high or maximum rate did not exceed that amount (average plus 75%) were approved for that category given that all of the other contract requirements were met (e.g. had provided 3 acceptable references, etc.).
However, the average high rate will change over time as new companies enter the program and as rate changes are requested and approved. At the time new vendors are seeking approval the new maximum rate will include the averaged rate of previously approved vendors and new applicant vendor high or maximum rates, plus 75%. Again, vendors whose stated high or maximum rate did not exceed that amount will be approved for that category. Additionally, companies may be disqualified from providing work in a category if at any time their high rate exceeds average highest rate of the other vendors in the category by 75% or more.
Vendors Response to Agencies Published SOW's
Approved vendors are responsible for accessing the MN.IT website to review agency Statements of Work and responding only to those categories of service that they have been approved for as published on the Office of MN.IT Services website. Specific instructions and evaluation/selection criteria for vendor responses will be included in the agency SOW.
Work Order Documentation that vendors will be asked to agree to
The minimum required documentation for any agreement under this program is a Work Order Agreement and an Affidavit of Non-collusion.
Depending on the dollar amount of the project the following documentation may be required: Certificate Regarding Lobbying, Affirmative Action, Vendor Location of Services, and Foreign Outsourcing Report.
Additionally, vendors must provide standard Project Management Office reports such as status reports at specified intervals, project scope statement, etc.
The Work Order is a standard agreement containing boilerplate language that cannot be negotiated or changed. The only terms that are subject to negotiation are the scope of the work, the financial commitment, the beginning and end dates, and the liability provisions. Indemnity/Liability Provision instructions may be viewed at: Indemnity/Liability Provision Language
Pursuant to the terms of the Master Contract, vendors may not charge an agency a rate that is higher than what has been approved and is published by the Office of MN.IT Services.
Contract Amendments & Assignment Agreements
Vendors may request to amend their contract rates, skill categories, company address, and transfer of ownership by submitting a:
- Change Request Form (Rates, Skill Categories, Contact Information):
- Request to Assign Ownership Form (The Request to Assign Ownership form may be used by vendors to transfer ownership of their company, and change the company address and phone number if changing in relationship to the new ownership.)
Amendments to the contracts are by mutual agreement, so both the vendor and the State always retain the right to refuse to amend the agreement.
Reasons for Master Program Contract Termination or Service Disqualification
The most common reasons a vendor contract may be terminated or disqualified from providing a service are non-performance, do not meet the standard insurance requirements, and their rate(s) exceed the maximum rate allowed for the particular skill category. However, there may be other reasons a vendors contract may be terminated. Thirty day written notice will be provided to the vendor upon termination of a vendor contract. A vendor whose contract is terminated will be allowed to complete work under an executed work order, but will not be allowed to start any new projects after notification of non-renewal.
- Non-Performance - Any vendor contract may be terminated for non-performance. Agencies must provide an assessment of a vendor's performance at the completion of each project to the Department of Administration. If a vendor has two undesirable performance reviews, or even one undesirable performance review of significant consequence to the state, their contract may be terminated for non-performance.
- Rate Exceeds the Average Maximum Rate plus 75% -Companies may be disqualified from providing work in a category if at any time their high rate exceeds average highest rate of the other vendors in the category by 75% or more. Vendors will be notified and given the opportunity to enter a Request for Change to lower their rate(s) to allow them to continue to provide service in that skill category.
- Insurance Requirements Not Met - If vendors are not able to provide evidence of insurance, either initially, or if at any time the vendors insurance coverage's are below the minimum standard required limits as defined in the RFP the company will be given the opportunity to increase their limits to meet the requirements. However if the requirements are not then met their contract will be terminated.
- Master Contract Program-902TS is Terminated - If for any reason the Master Contract Program - 902TS is terminated, all vendor contracts written under this Master Program will also be terminated.