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Request for Proposal # 012712

Flight Training Program

Department of Facilities Management – Planning and Construction

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Minnesota State University, Mankato

Facilities Purchasing Office

Request for Proposal

Flight Training Program

Return proposals to: Jean Hardel, Coordinator Current Date: 1/27/12 Minnesota State University, Mankato Wiecking Center 358

415 Malin Mankato, MN 56001 RFP OPENING DATE: 2/16/12

Fax: (507) 389-1092 RFP OPENING TIME: 2:30 P.M. Email: jean.hardel@mnsu.edu MSU RFP#: 012712 Name of Vendor Firm:_____________________________________________________________ Firm Contact:__________________________Phone:___________________Fax:______________ Mailing Address:________________________________Web Address (if any):________________ Email:_______________________________________ Signature of Authorized Agent:___________________________________Date:_______________ Proposals are being accepted by Minnesota State University, Mankato for ____________________________. See specifications in the RFP following. Minnesota State University, Mankato shall bare none of the costs incurred by any proposer or potential proposer in their preparation of the proposal documents or any visits to campus. All such costs are the responsibility of the proposer.

SUBMISSION Proposals are to be submitted in a sealed envelope, plainly marked “Proposal No. 012712 & Subject of RFP” along with the Company’s name and date and time of the scheduled opening. Minnesota State University, Mankato, its employees, officers or agents shall not be responsible for any pre-opening or post-opening of any proposal not properly addressed and identified. Proposals made in pencil or forwarded using e-mail and the internet will be rejected. LIABILITY Company agrees to indemnify and save and hold the University, its agents and employees harmless from any and all claims or causes of action arising from the performance of this agreement by Company or Company’s agents of employees. This clause shall not be construed to bar any legal remedies Company may have for the University’s failure to fulfill its obligations pursuant to this agreement.

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ACCESSIBILITY; COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)

The Company agrees that in occupying the premises as described herein, it is responsible for complying with the Americans with Disabilities Act, 42 U.S.C. section 12101, et seq., and any regulations promulgated pursuant to the Act. The University IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. This document is available in alternative format to individuals with disabilities by calling Jean Hardel at the Office of Facilities Purchasing 507-389-5016 or 800-627-3529 (TTY).

DISCLAIMER

Issuance of this Request for Proposal in no way commits the University or its faculty or staff to enter into a contract for services outlined above. The University reserves the right to reject any or all Requests for Proposal submitted in response.

MINNESOTA DATA PRACTICES ACT The CONTRACTOR must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the CONTRACTOR or the STATE. In the event the CONTRACTOR receives a request to release the data referred to in this Article, the CONTRACTOR must immediately notify the STATE. The STATE will give the CONTRACTOR instructions concerning the release of the data to the requesting party before the data is released.

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MINNESOTA STATE COLLEGES AND UNIVERSITIES

MINNESOTA STATE UNIVERSITY, MANKATO

REQUEST FOR PROPOSAL (RFP) #012712 FOR

Flight Training Program SPECIAL NOTE: This Request for Proposal (RFP) does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of Trustees or Minnesota State University, Mankato to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. Proposals must be clear and concise. Proposals that are difficult to follow or that do not conform to the RFP format or binding specifications may be rejected. Responding vendors must include the required information called for in this RFP. MnSCU reserves the right to reject a proposal if required information is not provided or is not organized as directed. MnSCU also reserves the right to change the evaluation criteria or any other provision in this RFP by posting notice of the change(s) on the Facilities Purchasing Web Site: http://www.mnsu.edu/fpurchas/ For this RFP, posting on the captioned web site above constitutes written notification to each vendor. Vendors should check the site daily and are expected to review information on the site carefully before submitting a final proposal. January 27, 20 12

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REQUEST FOR PROPOSAL (RFP) #012712

FOR Flight Training Program

Table of Contents Page Section I. General Information Background 7 Nature of RFP 7 General Selection Criteria 8 Selection Process 8 Selection and Implementation Timeline 8 Contract Term 8 Parties to the Contract 9 Contract Termination 9 Definitions 9 Applicable Law 10 Contract Assignment 10 Entire Agreement 10 Deviations and Exceptions 10 Duration of Offer 10 Authorized Signature 10 Proposal Rejection and Waiver of Informalities 10 Section II. Parties to the RFP Minnesota State University, Mankato 11 Section III. Vendor Requirements Aviation Program Information 11 Flight Training Operations: Needs and Criteria 11

1. Provisions of Aircraft 11 2. Aircraft Maintenance 12 3. Aircraft Utilization and Flight Training Rates 13 4. Facilities 13 5. Minnesota State University, Mankato Faculty/Flight Education 14 6. Flight Instruction 14 7. Scheduling 16 8. Safety Issues 16

Administrative Functions of Operations 16 Qualifications of Contractor 16 Information Contact 17 Section IV. Response Evaluation 17 Section V. Additional RFP Response and General Contract Requirements Problem Resolution Process 18 Affidavit of Non-Collusion 18 Human Rights Requirements 18 Preference to Targeted Group and Economically Disadvantaged Business and Individuals 18 Insurance Requirements 18 State Audit 20 Minnesota Government Data Practices Act 20

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Table of Contents Page Conflict of Interest 20 Organizational Conflicts of Interest 21 Physical and Data Security 21 Section VI. RFP Responses Submission 22 Exhibit A. Affidavit of Non-Collusion 23 Exhibit B. Human Rights Certification Information and 24 Affirmative Action Data Page ATTACHMENTS: Exhibit C. Part 61 Training Part 141 Training

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Section I. General Information Background Minnesota State Colleges and Universities is the seventh-largest system of higher education in the United States. It is comprised of 32 two-year and four-year state colleges and universities with 53 campuses located in 46 Minnesota communities. The System serves approximately 240,000 students annually in credit-based courses, an additional 130,000 students in non-credit courses, and produces 32,000 graduates each year. For more information about Minnesota State Colleges and Universities, please view its website at www.mnscu.edu. Minnesota State University, Mankato, a comprehensive university in the Minnesota State Colleges and Universities (MnSCU) system, is located on a 303 acre campus in Mankato, Minnesota, a community of approximately 42,000 situated in the Minnesota River Valley of south central Minnesota. The University offers a full range of undergraduate and a broad selection of graduate programs, and as such, has statewide responsibilities for the articulation of and providing access to professional programs not available at other colleges and regional universities. The University also has a major obligation to provide leadership in applied research important to the economy and quality of life in the state. Founded in 1868, Minnesota State University, Mankato, has evolved from its beginnings as a normal school, to become in 1921 Mankato State Teachers College when it was authorized to offer a four-year curriculum. Because of its increasing commitment to providing more than teacher preparation, the name was changed to Mankato State College in 1957. The institution continued to grow in size and its reputation for academic excellence led to university status in 1975. Mankato State University became Minnesota State University, Mankato, in September 1998, giving further prominence to its growth to an institution recognized nationally. The University is under the control and management of the Minnesota State Colleges and Universities (MnSCU) Board of Trustees, an agency of the State of Minnesota. Total on-campus “headcount” enrollment for the fall beginning August 30, 2004 was 12,241 undergraduate and 1,408 graduate. Off-campus enrollment for the same period was 202 undergraduate and 272 graduate. The full-time equivalency (FTE) for Fall Semester was 11,469 (undergraduate on-campus). On-line and/or web Enhanced Learning generated 1,713 credit hours, a growing component of our enrollment statistical base. For additional information on the campus those interested are invited to review the University’s Web site at:

http://www.mnsu.edu/ Nature of RFP Minnesota State University, Mankato is requesting proposals to assist in the Management of the Aviation Program at Minnesota State University, Mankato. This RFP is undertaken by Minnesota State University, Mankato pursuant to the authority contained in provisions of Minnesota Statutes § 136F.581 and other applicable laws. Accordingly, Minnesota State University, Mankato shall select the vendor(s) whose proposal(s), and oral presentation(s) if requested, demonstrate in Minnesota State University, Mankato’s sole opinion, the clear capability to best fulfill the purposes of this RFP in a cost effective manner. Minnesota State University, Mankato reserves the right to accept or reject proposals, in whole or in part, and to negotiate separately as necessary in order to serve the best interests of Minnesota State University, Mankato. This RFP shall not

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obligate Minnesota State University, Mankato to award a contract or complete the proposed project and it reserves the right to cancel this RFP if it is considered to be in its best interest. General Selection Criteria General criteria upon which proposals will be evaluated include, but are not limited to, the service support provided by a vendor, that includes the following: In accordance with Section III, numbers 1-8:

• Supply a fleet of multi-engine and single engine training aircraft in sufficient number to meet the training requirements of the University. At least one aircraft must be certified for spin training;

• Supply aircraft that meet the aircraft and equipment requirements listed in Section III, number 1; • ensure the majority of the training fleet remains under 10 years old; • Ensure aircraft are maintained; • Outline how aircraft maintenance will be structured and performed to maximize airplane

availability during peak daytime flying hours; • Supply hourly flight time rates for all proposed aircraft in a format similar to Exhibit C; • Address facility needs to provide instruction at the Mankato Airport; • Address fueling aircraft in a manner as to minimize the disruption of the flight schedules of

students; • Demonstrate ability to maintain pertinent data about the training and experience of all instructors; • Demonstrate that the Chief Flight instructor possesses a Bachelor Degree; • Demonstrate the methodology and specifics of how instructors are to be compensated, including

how the methodology accounts for the amount of flight training experience the instructor may have;

• Demonstrate possession of FAA approved Part 141 flight training syllabi and Part 61 flight training syllabi;

• Own and maintain flight simulators for the flight training program. At least one simulator must be capable of NIFA scoring;

Selection Process The selection process includes Minnesota State University, Mankato faculty and staff. This group will evaluate the proposals and make the final decision. Selection and Implementation Timeline Friday, January 27, 2012 Publish RFP Wednesday, February 8, 2012 Deadline for Questions submitted on web site Friday, February 10, 2012 Answers posted on web site Thursday, February 16, 2:30 p.m. CT Deadline for RFP proposal submissions Friday-Monday, February 17-20 Review RFP proposals Tuesday-Wednesday, February 21-22 Meet with individual responders Thursday, February 23, 2012 Complete selection process Tuesday, March 6, 2012 Approximate deadline for executing contract Contract Term Minnesota State University, Mankato desires to enter into a contract with the successful vendor(s) effective March 6, 2012. The length of such contract(s) shall be (3) years. If Minnesota State University, Mankato and the vendor is unable to negotiate and sign a contract by March 6, 2012, then Minnesota State University, Mankato reserves the right to seek an alternative vendor(s). Parties to the Contract

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Parties to this contract shall be the “State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of Minnesota State University, Mankato and the successful vendor(s). Contract Termination The State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, may cancel the contract(s) upon 30 days written notice, with or without cause. The vendor(s) may cancel the contract(s) upon 181 days written notice, with or without cause. In the last months of the contract term, a review will be conducted to assess the performance of the Contractor and the partnership with Minnesota State University, Mankato and its faculty. The performance measures are:

• Students recruited (an expectation of an increase to sixty (60) new students for academic year 2012-13)

• Safety (an expectation of no unresolved issues or disputes, no significant safety mishaps that are deemed to be at least in part the fault of the Contractor, and no patterns of small safety concerns)

• Satisfaction (an expectation that surveys of students, faculty, contractor, and the community reveal satisfaction with clarity of communication, openness to problem-solving, collaboration on program development and implementation, and flight training implementation)

• Delivery on the specifications within the RFP (an expectation of delivery on airplane specifications, pricing guidelines, and program processes);

• Demonstrate process that will entail location, management, and financial aspects for a FAA testing center;

• Provide an internet-based aviation scheduling/training management program; • Develop and maintain a Safety Management System (SMS); • Maintain accurate and complete records regarding student’s training progress in accordance with

FAR Part 141 training requirements; • Promote the aviation program in collaboration and conjunction with MSU and the Aviation

Department. Increased enrollment and steady flying should assure a brighter financial picture, though financial viability of the program will be reviewed independently at this juncture. If the Contractor and the partnership meet expectations, the Contractor will be offered an additional two (2) years of the contractual agreement. Definitions Wherever and whenever the following words or their pronouns occur in this proposal, they shall have the meaning given here: MnSCU: State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of Minnesota State University, Mankato. School: Minnesota State University, Mankato Office of the Chancellor: The central system office of Minnesota State Colleges and Universities located at Wells Fargo Place, 30 7th Street East, Suite 350, St. Paul, Minnesota. Vendor: The firm selected by Minnesota State University, Mankato as the successful responder(s) responsible to execute the terms of a contract. Applicable Law

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A contract entered into as a result of this RFP shall be governed and interpreted under the laws of the State of Minnesota. Contract Assignment A contract or any part hereof entered into as a result of this RFP shall not be assigned, sublet, or transferred directly or indirectly without prior written consent of the Vice President for Finance and Administration. Entire Agreement A written contract and any modifications or addenda thereto, executed in writing by both parties constitutes the entire agreement of the parties to the contract. All previous communications between the parties whether oral or written with reference to the subject matter of this contract are void and superseded. The resulting contract may be amended at a future date in writing by mutual agreement of the parties. Deviations and Exceptions Deviations from and exceptions to terms, conditions, specifications or the manner of this RFP shall be described fully on the vendor's letterhead stationery, signed and attached to the proposal submittal page(s) where relevant. In the absence of such statement the vendor shall be deemed to have accepted all such terms, conditions, specifications and the manner of the RFP. A vendor's failure to raise an issue related to the terms, conditions, specifications or manner of this RFP prior to the proposal submission deadline in the manner described shall constitute a full and final waiver of that vendor's right to raise the issue later in any action or proceeding relating to this RFP. Duration of Offer All proposal responses must indicate they are valid for a minimum of one hundred eighty (180) calendar days from the date of the proposal opening unless extended by mutual written agreement between Minnesota State University, Mankato and the vendor. Prices and terms of the proposal as stated must be valid for the length of the resulting contract. Authorized Signature The proposal must be completed and signed in the firm's name or corporate name of the vendor, and must be fully and properly executed and signed in blue or black ink by an authorized representative of the vendor. Proof of authority of the person signing must accompany the response. Proposal Rejection and Waiver of Informalities This RFP does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of Trustees or Minnesota State University, Mankato to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. Minnesota State University, Mankato also reserves the right to waive minor informalities and, not withstanding anything to the contrary, reserves the right to:

1. reject any and all proposals received in response to this RFP; 2. select a proposal for contract negotiation other than the one with the lowest cost; 3. negotiate any aspect of the proposal with any vendor; 4. terminate negotiations and select the next most responsive vendor for contract negotiations;

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5. terminate negotiations and prepare and release a new RFP; 6. terminate negotiations and take such action as deemed appropriate.

Section II. Parties to the RFP Minnesota State University, Mankato Section III. Vendor Requirements Aviation Program Information The objective to the Aviation program is to prepare students for responsible positions in the air transportation industry, including airline operations and management, corporate aviation, airport management and government operations. The goal of the program is to equip students with adequate knowledge and skills in aviation and management in order to compete in the rapidly changing and highly competitive field of aviation. Minnesota State University, Mankato offers a Bachelor of Science Degree with an emphasis in Professional Flight or Aviation Management. One of the strengths of the program is the number of core business courses that are required in addition to the aviation courses. This makes it feasible, if desired, for the student to minor or double major in a business degree. The Professional Flight program emphasizes training in multi-engine aircraft. This is important because airlines require a large amount of multi-engine experience. This option allows its graduates to obtain more hours of multi-engine experience than any other school in the Midwest. A second advantage to the University program is the development of effective professional pilots through the development of professional flight instructors. Flight Training Operations: Needs and Criteria The following areas of flight training operations should be addressed by the vendor in submitted proposal: 1. Provision of Aircraft Contractor is to provide aircraft capable of meeting the Minnesota State University, Mankato’s class requirements. The fleet of aircraft proposed by the contractor must meet the following requirements:

The contractor shall supply a fleet of multi-engine and single engine training aircraft in sufficient number to meet the training requirements of the University. At least one aircraft must be certified for spin training.

All aircraft offered for use in the training program are expected to be in clean, attractive, and well maintained condition, suitable to be shown with pride to prospective students.

Aircraft requirements: 1. At least 50 percent of training aircraft will have been manufactured after January 1, 2005,

although new or newer aircraft are preferred. The intent is to ensure the majority of the training fleet remains under 10 years old.

2. At least 70 percent of the aircraft will qualify as technically advanced: • Electronic Flight Instrument Display (EFIS) • Moving-Map Display • IFR Approved GPS Navigator • Primary and Multi-Function Displays

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• NOTE: If at least 70 percent of the training fleet does not qualify as technically advanced, contractor will furnish a proposed schedule for when the training fleet would be in compliance.

3. The age of aircraft acquired under special circumstances, required for a specific or special training purpose, or required for a defined period of time, is negotiable.

4. All aircraft will have the same paint scheme including the Minnesota State University, Mankato school colors of purple and gold. Contractor will have 12 months to bring new acquisitions into compliance.

5. All aircraft will have similar tail numbers representing our call sign of “Maverick”, i.e. 123MK, 223MK, 323MK, etc.

All aircraft must be equipped with:

1. Equipment required by FAR 91.207 b-d (VFR Day and Night, and IFR). 2. Equipment required by FAR 91.215 b (Transponder and Altitude reporting equipment, for flight

in Class A, B, C, D, E, and G airspace.) 3. Voice activated intercom with push to talk controls for all pilot seats and headset jacks for all

seats. 4. Panel-mount GPS Navigation Radio (or more advanced avionics, if applicable). 5. Heated pilot tube. In addition all multi-engine aircraft and single engine instrument trainers must be equipped with: 1. Dual communication radios. 2. Dual navigation radios. 3. ILS localizer and glide slope receiver. One or two older aircraft may be used for specific purposes (spin training, Flight Team competition, etc.) but should comply with the above requirements. Each aircraft must be registered as a civil aircraft in the United States and maintained in a safe and airworthy condition as specified in FAA Parts 91 and 43 Regulations. Each aircraft must be certified with a standard airworthiness certificate or a primary airworthiness certificate. Each aircraft must be maintained and inspected in accordance with the requirements under Subpart E of Federal Aviation Regulation (hereinafter FAR) Part 91. Each aircraft must have at least two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations. Each aircraft, other than basic trainers, must be IFR capable.

All aircraft are to be equipped with voice activated intercom, with jacks for all seats and “push-to-talk” switches at both control positions. All aircraft should be IFR equipped for ease of scheduling. The contractor should bear in mind that the University prefers to establish a homogenous fleet of aircraft for its program. This is desired to maintain the strictly standardized FAR Part 141 training format, as well as to help create a more efficient use of aircraft.

2. Aircraft Maintenance

Condition of Aircraft Aircraft are expected to be maintained in new or like new condition. Interior and fixtures should not be faded, worn, torn or broken. Instrument panels should have a neat, organized appearance with minimal instrumentation and equipment differences between aircraft. As part of the contractor’s proposal, a schedule for modifying aircraft to bring them into compliance with desired appearance and equipment criteria should be included. This is particularly important if the contractor is using newer used aircraft and fixing them up to desired standards over an agreed upon period of time.

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Maintenance Schedule Contractor proposals are expected to outline how aircraft maintenance will be structured and performed to maximize airplane availability during peak daytime flying hours. This outline should address the estimated number of aircraft maintenance personnel, line operations, scheduling and handling of routine inspections as well as major overhauls, including engine rebuilds. It should also describe the system for handling aircraft discrepancies to include receiving pilot squawks, maintenance notification, and return to service.

3. Aircraft Utilization and Flight Training Rates

To assist prospective contractors with their analysis and planning for the provision and utilization of aircraft, the following information is being made available: Aircraft are made available to students and instructors in two and one half hour (2 1/2) hour time slots beginning at 7 AM on weekday mornings. This schedule allows within the two and one half hour slots, time for check-in, flying and fueling. Aircraft Utilization for Calendar Year 2008 to Curr ent The following chart shows the history of actual flight hours logged by students: History of Flight Hour Utilization of Aircraft

Prospective contractors are encouraged to contact the Aviation Program for clarification of this data or to request any additional information regarding aircraft utilization. Having the optimum number of aircraft in the fleet is important for both the opportunities of the student and the financial viability of the flight school contractor. Prospective contractors are expected to submit a plan for managing the use of aircraft to achieve the highest efficiency as possible. Hourly Rate Structure Prospective contractors are expected to establish hourly flight time rates for all proposed aircraft. Contractor is to complete a Flight Training Cost Schedule in the format of Exhibit C, using the proposed hourly rates multiplied by the number of required flight hours for each lab. In addition, annual rate adjustments shall be submitted to Minnesota State University, Mankato by May 1 of each year to be applied July 1 of that year.

4. Facilities

All flight training and instruction for the Minnesota State Mankato Aviation Program occurs at the Mankato Regional Airport. The current flight training operator leases various facilities needed to provide instruction at the Mankato Airport.

Calendar Year

Total Flight Hours Annual Average Hours/Aircraft

Monthly Average Hours/Aircraft

2011 4750 679 57 2010 4350 621 52 2009 6100 871 73 2008 5550 793 66

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The cost to lease hangar space and flight training facilities is by negotiation with the city of Mankato. Storage and Maintenance Hangars The City of Mankato is landlord to several buildings on the airport grounds. This includes an aircraft maintenance hangar and the terminal building. Space in both of these buildings is available for lease from the city for the use of the flight service contractor. Instruction Space Minnesota State University, Mankato currently utilizes space within the terminal building to house several training cubicles used for ground instruction and pre/post flight briefing. Contractor will be responsible for including this space in its lease for Terminal Building space. Minnesota State University, Mankato will pay Contractor for 75% of the rent cost associated with these training cubicles. Minnesota State University, Mankato faculty will be permitted to use the facilities in fulfilling the University responsibilities as delineated in the contract. Hangar Space Contractor must arrange with the city of Mankato the necessary hangar space required. Fuel The fuel operation is currently provided by North Star Aviation. Fuel is available from them for a flowage fee. Contractor would be required to have their own fuel truck. North Star Aviation will fill the fuel truck for a fuel flowage fee per gallon. The current flowage is fee is $.05 per gallon. North Star’s lease as the airport fuel FBO will remain in effect for some time. The dispensing of fuel is an important issue to Minnesota State University, Mankato. It is expected that contractor be able to provide fueling to aircraft in a manner as to minimize the disruption of the flight schedules of students.

5. Minnesota State University, Mankato Faculty / Flight Education

Faculty members with appropriate ratings/qualifications will conduct oversight responsibility to: • Actively participate in the Safety Management Program • Ensure flight education quality • Randomly provide flight instruction or conduct observation flights • Actively participate in curriculum review and revision • Issue appropriate grades • Attend scheduled flight instructor meetings • Participate in response to safety issues/FAA violations

6. Flight Instruction

Selection of Instructors All flight instruction is to be done at the Mankato Regional Airport. It is expected that the graduates of the Minnesota State University, Mankato aviation program will be given first priority in the instructor selection process. Exceptions may be made with the approval of Minnesota State University, Mankato. Minnesota State University, Mankato reserves the right to review and approve the use of any instructor. Contractor is expected to maintain pertinent data (as defined by Minnesota State University, Mankato) regarding the training and experience of all instructors that are hired. All

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flight instructors must possess a valid flight instructor certificate with airplane single and multi-engine, instrument airplane class ratings. The Chief Flight instructor must have a Bachelor Degree. Contractor should address the frequency and format of instructor meetings as required by FAR Part 141 training guidelines. Compensation Contractor will be expected, as part of the proposal, to demonstrate the methodology and specifics of how instructors are to be compensated, including how the methodology accounts for the amount of flight training experience the instructor may have. Keep in mind that the program uses the position of flight instructor as a development phase in the process of becoming a professional pilot and should not be regarded as a long-term position. Syllabi Contractor is expected to possess and follow FAA approved Part 141 flight training syllabi and Part 61 flight training syllabi (virtually the same as the Part 141) which meet the requirements of MSU flight lab course requirements for flight lab instruction. Exhibit C is a summary of the flight times required by each course. Contractor will update and maintain the Part 141 and/or Part 61 training syllabi in coordination with MSU Aviation faculty. Training folders (paper or electronic) will be maintained on all MSU aviation students in Part 141 or Part 61 training for all phases of training. All appropriate flight training folders and associated materials will be managed, maintained, and stored by the contractor. All flight times will be conducted by the Contractor except: • Time acquired prior to course enrollment per the course catalog

• Additional solo hours listed in red may be conducted in other aircraft available to the students with approval of Minnesota State University, Mankato/Contractor.

Other notes: • All flight and simulator experiences are minimums. Ground instruction, on the other hand, is an estimated average. Students are required to meet the minimum flight and simulator experiences and achieve acceptable skills and knowledge levels expected of each student in the Minnesota State University, Mankato aviation program. • FAA exams are not a requirement of the courses. • All MSU student training folders (paper or electronic) must be available for review and evaluation by any MSU Aviation faculty member.

Simulators and Simulator Training Contractor will be expected to own and maintain flight simulators for the MSU flight training program. At least one simulator must be capable of NIFA scoring (flight team training and flight team competition). Currently, the simulators in use are full motion simulators built by Redbird Company. This is the simulator standard. Contractor will be expected to manage the scheduling and instruction that takes place with these simulators FAA Testing Center A FAA testing center is already present on the airport. Contractor may propose in detail their process that will entail location, management, and financial aspects for a FAA testing center.

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7. Scheduling An internet-based aviation scheduling/training management program should be utilized. This program should allow students to view the flight/simulator/ground training schedule over the internet. Under both the Part 141 and Part 61 flight training program, the Dispatcher will conduct/control flight training scheduling for students and instructors. In addition, Minnesota State University, Mankato will be allowed full access to monitor student progress, aircraft utilization, etc. via this system. All enforcement rules must be agreed upon between the Contractor and Minnesota State University, Mankato faculty.

8. Safety Issues

Contractor will work collaboratively with Minnesota State University, Mankato aviation faculty to develop and maintain a Safety Management System (SMS). Because MSU does not do the flight training, the SMS will be the contractor’s SMS. The SMS should be structured according to FAA directives. Contractor will also provide flight following procedures; incident or accident immediate notification call list, follow-up procedures, and written report distribution detailing all information related to safety issues or FAA violations relating to Minnesota State University, Mankato students. Contractor will establish an anonymous method of reporting possible safety violations or concerns. Student disciplinary procedures must be compatible with established Minnesota State University, Mankato policy. While the FAA has a specific definition of “incident,” an incident under MSU training shall also include any deviation from Minnesota State University, Mankato and Contractor approved safety policy or procedure. Minnesota State University, Mankato reserves the right to bring outside safety auditors to review the safety policies and procedures. In addition, safety issues that are not satisfactorily addressed may be grounds for terminating the contract.

Administrative Functions of Operations Minnesota State University, Mankato expects the Contractor to maintain accurate and complete records regarding student’s training progress in accordance with FAR Part 141 training requirements. Training records will be accomplished in paper format with a goal of electronic files upon FAA approval. Prospective Contractors are expected to provide a description of their accounting practices in billing and collecting fees from customers for various flight training services. In addition, they must demonstrate their ability to employ and compensate part-time staff (instructors). Promoting and Marketing the Aviation Program The contractor would be expected to play a role in the promotion, marketing and advertising of the MSU aviation program. Promotion of the aviation program is in collaboration and conjunctions with MSU and the Aviation Department. Qualifications of Contractor Companies desiring to submit a proposal must provide complete and accurate data to enable Minnesota State University, Mankato to determine which proposal best meets the needs of the Flight Training Operation of the Aviation Program. The proposal must include the following proprietary information:

A. Name and home office address of the Company. Where possible, include the Company’s phone number, fax number and email address.

B. A list of the names of all the owners of the Company of Officers of the Corporation.

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C. The history and extent of experience in providing Flight Training Operations. D. A list of at least three (3) references for similar work performed within the past three years.

The list should include the name, position, institution/firm, address, and telephone number for each listed reference, as well as a brief description of the scope of services provided.

E. Evidence that the company is properly licensed and certified by the Federal Aviation Administration consistent with FAA Regulations Parts 141 or 61.

Minnesota State University, Mankato shall bare none of the costs incurred by any proposer or potential proposer in their preparation of the proposal documents and/or their attendance at any meetings or presentations, including any visits to campus. All such costs are the responsibility of the proposer. Information Contact Questions regarding this RFP need to be submitted in writing and submitted through the Purchasing web site (http://www.mnsu.edu/fpurchas/) under submit questions. The questions are linked to the contact person below. Name: Thomas Peterson Title: Aviation Faculty Member Department: Aviation Other persons are not authorized to discuss RFP requirements before the proposal submission deadline and Minnesota State University, Mankato shall not be bound by and responders may not rely on information regarding RFP requirements obtained from non-authorized persons. Questions must include the name of the questioner and his/her telephone number, fax number and/or e-mail address. Anonymous inquiries will not be answered. Section IV. Response Evaluation The following criteria and their identified weight will be used by Minnesota State University, Mankato to evaluate the responses:

1. Expressed understanding of proposal objectives (10%); 2. Work plan, completeness, thoroughness and detail of response as reflected by the proposal’s

discussion and coverage of all elements of work listed above – including description of aircraft or plan to acquire aircraft and insurance (20%);

3. Cost in relation to level of service to be provided (20.0%); 4. Qualifications of the vendor and its personnel (experience of personnel who are committed to

work on the contract will be given greater weight than that of the company) (20%); 5. Consistency of the proposed solutions to Minnesota State University, Mankato’s present and

future needs (30%). In some instances, an interview will also be part of the evaluation process. Minnesota State University, Mankato reserves the right to name a date at which all responding vendors will be invited to present demonstrations or participate in an interview. Minnesota State University, Mankato does not agree to reach a decision by any certain date although it is hoped the evaluation and selection will be completed by the date identified in the Selection and Implementation Timeline above. A proposal may be rejected if it is determined that a vendor’s ability to work with the existing infrastructure will be too limited or difficult to manage.

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Section V. Additional RFP Response and General Contract Requirements Problem Resolution Process A formal problem resolution process will be established in the contract to address issues raised by either Minnesota State Mankato or the vendor. Affidavit of Non-Collusion All responding vendors are required to complete Exhibit A, the Affidavit of Non-Collusion, and submit it with the response. Human Rights Requirements For all contracts estimated to be in excess of $100,000, all responding vendors are required to complete Exhibit B, the Human Rights Certification Information and Affirmative Action Data Page, and submit it with the response. As required by Minnesota Rule 5000.3600, "It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rule 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. Copies of Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400 - 5000.3600 are available from the Minnesota Bookstore, 680 Olive Street, St. Paul, MN 55155. All responding vendors shall comply with the applicable provisions of the Minnesota Affirmative Action law, Minnesota Statutes §363.A36. Failure to comply shall be grounds for rejection. Preference to Targeted Group and Economically Disadvantaged Business and Individuals In accordance with Minnesota Rules, part 1230.1810, subpart B and Minnesota Rules, part 1230.1830, certified Targeted Group Businesses and individuals submitting proposals as prime contractors shall receive the equivalent of a six percent preference in the evaluation of their proposal, and certified Economically Disadvantaged Businesses and individuals submitting proposals as prime contractors shall receive the equivalent of a six percent preference in the evaluation of their proposal. For information regarding certification, contact the Materials Management Helpline at 651.296.2600, or you may reach the Helpline by e-mail at mmd.help.line@state.mn.us. For TTY/TDD communications, contact the Helpline through the Minnesota Relay Services at 1.800.627.3529. Insurance Requirements

GENERAL INSURANCE REQUIREMENTS

The Contractor shall not commence work under the contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. Policies shall remain in force and effect throughout the term of the Contract. INSURANCE CONDITIONS. Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contractor’s performance under this contract. If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota.

Contractor is responsible for payment of Contract related insurance premiums and deductibles. If Contractor is self-insured, a Certificate of Self-Insurance must be attached.

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Contractor’s policy(ies) shall include legal defense fees in addition to its liability policy limits. Contractor shall obtain insurance policy(ies) from insurance companies having an “AM Best” rating of A- (minus); Financial Size Category (FSC) VII or better, and be authorized to do business in the state of Minnesota. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract.

NOTICE TO INSURER.

The Contractor’s insurance company waives its right to assert the immunity of the State as a defense to any claims made under said insurance. NOTICE TO CONTRACTORS.

The failure of the State of Minnesota to obtain Certificates of Insurance, for the policies required under this Contract or renewals thereof, shall not constitute a waiver by the Owner to the Contractor to provide such insurance. The Owner will reserve the right to immediately terminate the Contract if the Contractor is not in compliance with the insurance requirements and the Owner retains all rights to pursue any legal remedies against the Contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to state’s authorized representative upon written request.

Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies:

Worker’s Compensation Insurance: Contractor must provide Worker’s Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Worker’s Compensation insurance in accordance with the statutory requirement of the State of Minnesota, including Coverage B, Employer’s Liability. A. Minimum Limits of Liability: $100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident Aircraft Insurance: The contractor will be required to maintain Aviation (Aircraft) insurance, with the appropriate

amount of coverage (see list below). Contractor is required to maintain insurance protecting it from claims for damages for bodily injury and property damage whether the operations are by the Contractor or by a Subcontractor or by anyone directly or indirectly employed under the contract. The insurance must cover the contractor, its employees, the flight students, Minnesota State University, Mankato as well as Minnesota State Colleges and Universities (MnSCU) and it’s Board of Trustees along with its employees as additional named insured.

A. Minimum five million dollar liability, $2,000,000.00 each occurrence, $100,000.00 each person. B. Comprehensive coverage for full value of each hull, with maximum $5,000 deductible.

Owned Aircraft Liability (required if Contractor is using owned aircraft to perform contract services): A. Minimum Limits of Liability: $2,000,000 single limit for each occurrence for bodily injury and property damage combined. Owned Aircraft Passenger Liability (required if Contractor is carrying passengers with owned aircraft): A. Minimum Limits of Liability: $100,000 single limit each occurrence Airport/Premises Liability (required if contractor is maintaining or hangaring non-owned aircraft): A. Minimum Limits of Liability: $2,000,000 single limit for each occurrence for bodily injury and property damage combined.

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B. Coverages: X Premises and Operations Bodily Injury and Property Damage X Blanket Contractual X Products and Completed Operations X Owner named as an Additional Insured, except for Products/Completed Operations Hangarkeeper's Liability (required if no in-flight activity is associated with contract services): A. Minimum Limits of Liability: limit each aircraft

Non-Owned Aircraft Liability (required if Contracto r is using non-owned aircraft to perform contract services): A. Minimum Limits of Liability: $2,000,000 single limit for each occurrence for bodily injury and property damage combined. Non-Owned Aircraft Passenger Liability (required if Contractor is carrying passengers with non-owned aircraft): A. Minimum Limits of Liability: $100,000 single limit each occurrence Non-Owned Aircraft Hull (required if Contractor is using non-owned aircraft that belongs to Owner to perform contract services): A. Minimum Limits of Liability: limit each aircraft (base minimum limit on value of state’s aircraft)

State Audit The books, records, documents and accounting practices and procedures of the vendor relevant to the contract(s) must be available for audit purposes to MnSCU and the Legislative Auditor’s Office for six (6) years after the termination/expiration of the contract. Minnesota Government Data Practices Act The vendor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by MnSCU, its schools and the Office of the Chancellor in accordance with the contract and as it applies to all data created, gathered, generated or acquired in accordance with the contract. All materials submitted in response to this RFP will become property of the State of Minnesota and will become public record after the evaluation process is completed and an award decision made. If the vendor submits information in response to this RFP that it believes to be trade secret materials as defined by the Minnesota Government Data Practices Act, the vendor must:

• mark clearly all trade secret materials in its response at the time the response is submitted; • include a statement with its response justifying the trade secret designation for each item; • defend any action seeking release of the materials it believes to be trade secret, and indemnify

and hold harmless the State of Minnesota, MnSCU, its agents and employees, from any judgments or damages awarded against the State or MnSCU in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives MnSCU’s award of a contract. In submitting a response to this RFP, the responder agrees this indemnification survives as long as the trade secret materials are in possession of MnSCU.

Conflict of Interest The vendor 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 it is contemplated in this Request for Proposal. The list should indicate the names of the entity, the relationship, and a discussion of the conflict. Organizational Conflicts of Interest

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The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances that could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or advice, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or the vendor has an unfair competitive advantage. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the respective school’s chief financial officer or the Office of the Chancellor’s Business Manager that must include a description of the action which the vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the school or Office of the Chancellor may, at its discretion, cancel the contract. In the event the responder was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to the contracting officer, the school or Office of the Chancellor may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime contractor, and the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve MnSCU’s rights. Physical and Data Security The vendor is required to recognize that on the performance of the contract the vendor will become a holder of and have access to private data on individuals and nonpublic data as defined in the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, section 270B.02, subdivision 1, and other applicable laws. In performance of the contract, the vendor agrees it will comply with all applicable state, federal and local laws and regulations, including but not limited to the laws under Minnesota Statutes Chapters 270B and 13 relating to confidentiality of information received as a result of the contract. The vendor agrees that it, its officers, employees and agents will be bound by the above confidentiality laws and that it will establish procedures for safeguarding the information. The vendor agrees to notify its officers, employees and agents of the requirements of confidentiality and of the possible penalties imposed by violation of these laws. The vendor agrees that neither it, nor its officers, employees or agents will disclose or make public any information received by the vendor on behalf of MnSCU and Minnesota State University, Mankato. The vendor shall recognize MnSCU’s sole and exclusive right to control the use of this information. The vendor further agrees it shall make no use of any of the described information, for either internal or external purposes, other than that which is directly related to the performance of the contract. The vendor agrees to indemnify and hold harmless the State of Minnesota, MnSCU and Minnesota State University, Mankato from any and all liabilities and claims resulting from the unauthorized disclosure by the vendor, its officers, employees or agents of any information required to be held confidential under the provisions of the contract. The vendor must return all source data to the “Authorized Representative” to be identified in the contract. Section VI. RFP Responses

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Submission Sealed proposals must be received at the following address not later than 2:30 p.m. CT on Thursday, February 16, 2012: Institution: Minnesota State University, Mankato Name: Jean Hardel Title: Facilities Purchasing Coordinator Mailing Address: 415 Malin Street Wiecking Center, Rm 358 Mankato, MN 56001 The responder shall submit (6) copies of its RFP response with the RFP response in Microsoft Word format. Proposals are to be sealed in mailing envelopes or packages with the responder’s name and address clearly written on the outside. One copy of the proposal must be unbound and signed in blue or black ink by an authorized representative of the vendor. Proof of authority of the person signing must accompany the response. Proposals received after this date and time will be returned to the responder unopened. Fax and e-mail responses will not be considered. Proposals made in pencil will be rejected. Alterations in cost figures used to determine the lowest priced proposal will be rejected unless initialed in ink by the person responsible for or authorized to make decisions as to price quoted. The use of “white out” is considered an alteration. Exhibit A. Affidavit of Non-Collusion

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STATE OF MINNESOTA AFFIDAVIT OF NON-COLLUSION

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 ________________________ Request for Proposal 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 Request for Proposal, 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. Responder’s Firm Name: __________________________________________ Authorized Signature: _____________________________________________ Date: __________________ Subscribed and sworn to me this ________ day of ___________ Notary Public: _________________________________________ My commission expires: ______ ________

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Exhibit B. Human Rights Certification Information a nd Affirmative Action Data Page

NOTICE TO CONTRACTORS AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE It is hereby agreed between the parties that MnSCU will require that affirmative action requirements be met by contractors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statutes §363A.36, subdivisions 3 and 4). Under the Minnesota Human Rights Act, §363A.36, businesses or firms entering into a contract over $100,000 which have more than forty (40) full-time employees within the state of Minnesota on a single working day during the previous twelve (12) months, or businesses or firms employing more than forty (40) full-time employees on a single working day during the previous twelve (12) months in a state in which its primary place of business is domiciled and that primary place of business is outside of the State of Minnesota but within the United States, must have submitted an affirmative action plan that was received by the Commissioner of Human Rights for approval prior to the date and time the responses are due. A contract over $100,000 will not be executed unless the firm or business having more than forty (40) full-time employees, either within or outside the State of Minnesota, has received a certificate of compliance signifying it has an affirmative action plan approved by the Commissioner of Human Rights. The Certificate is valid for two (2) years. For additional information, contact the Department of Human Rights, Compliance Services Unit, 190 East 5th Street, Suite 700, St. Paul, Minnesota 55101.

AFFIRMATIVE ACTION DATA PAGE – FOR RESPONSES IN EX CESS OF $100,000 ONLY If a response to this solicitation is in excess of $100,000, complete the information below to determine whether the business or firm is subject to the Minnesota Human Rights Act (Minnesota Statutes §363A.36) certification requirement and to provide documentation of compliance if necessary. It is the sole responsibility of the business or firm to provide this information and, if required, to apply for Human Rights certification prior to the due date and time of the response and to obtain Human Rights certification prior to the execution of the contract. Effective July 1, 2003. The Minnesota Department of Human Rights is authorized to charge a $75.00 fee for each Certificate of Compliance issued. A business or firm must submit its affirmative action plan along with a cashier's check or money order in the amount of $75.00 to the Minnesota Department of Human Rights or you may contact the Department for additional information at the Compliance Services Unit, 190 East 5th Street, Suite 700, St. Paul, MN 55101. How to determine which boxes to complete on this form: Then you must complete these boxes… On any single working day within the previous 12 months, the company… B

ox A

Box

B

Box

C

Box

D

employed more than 40 full-time employees in Minnesota. ● ● did not employ more than 40 full-time employees in Minnesota but did employ more than 40 full-time employees in the state where the company is domiciled.

● ●

did not employ more than 40 full-time employees in Minnesota or the state where the company is domiciled.

● ●

BOX A – For a company which has employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months,

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Its response will be rejected unless the company: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) -or- has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if the company has employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: □ We have a current Certificate of Compliance issued by the MDHR. Include a copy of your certificate with your response. Proceed to BOX D. □ We do not have a current Certificate of Compliance but we have submitted an affirmative action plan to the MDHR for approval which the Department received on __________________(date) at __________(time). [If you do not know when the Department received your plan, contact the Department.] We acknowledge that the plan must be approved by the MDHR before any contract can be executed. Proceed to BOX D. □ We do not have a Certificate of Compliance and have not submitted an affirmative action plan to the MDHR. We acknowledge our response will be rejected. Proceed to BOX D. Note: A Certificate of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative action plans approved by the federal government, a county or a municipality must still be reviewed and approved by the Minnesota Department of Human Rights before a certificate can be issued.

BOX B - For a company which has not had more than 40 full-time employees in Minnesota but has employed more than 40 full-time employees on any single working day during the previous 12 months in the state where its primary place of business is domiciled, the company may achieve compliance with the Minnesota Human Rights Act by certifying it is in compliance with applicable federal affirmative action requirements. Check one of the following statements if the company has not employed more than 40 full-time employees in Minnesota but has employed more than 40 full-time employees on any single working day during the previous 12 months in the state where its primary place of business is located: □ We are not subject to federal affirmative acton requirements. Proceed to BOX D. □ We are subject to federal affirmative action requirements and are in compliance with those requirements.

Proceed to BOX D.

BOX C – For a company not described in BOX A or BOX B, The company is not subject to the Minnesota Human Rights Act certification requirement. □ We have not employed more than 40 full-time employees on a single working day in Minnesota or in the state of our primary place of business within the previous 12 months. Proceed to BOX D. BOX D – For all companies By signing this statement, you certify the information provided is accurate and that you are authorized to sign on behalf of the responder.

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Name of Company:________________________________________________________________

Authorized Signature:______________________________________________________________

Printed Name:____________________________________________________________________

Title:___________________________________________________________________________

Date: _________________ Telephone number:__________________________________________ For further information regarding Minnesota Human Rights Act requirements, contact: Minnesota Department of Human Rights, Compliance Services Unit Mail: 190 East 5th Street, Suite 700 Metro: 651.296.5663 St. Paul, MN 55101 Toll Free: 800.657.3704 Website: www.humanrights.state.mn.us Fax: 651.296.9042 Email: employerinfo@therightsplace.net TTY: 651.296.1283

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MINNESOTA STATE COLLEGES AND UNIVERSITIES NOTICE TO VENDORS

AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE

The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract compliance program into two categories. Both categories apply to any contracts for goods or services in excess of $100,000. The first category applies to businesses that have had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months. The businesses in this category must have submitted an affirmative action plan to the Commissioner of the Department of Human Rights prior to the due date and time of the response and must have received a Certificate of Compliance prior to execution of the contract or agreement. The secondary category applies to businesses that have had more than 40 full-time employees on a single working day in the previous 12 months in the state in which its primary place of business is domiciled. The businesses in this category must certify to MnSCU that it is in compliance with federal affirmative action requirements before execution of the contract. For further information, contact the Department of Human Rights, Compliance Services Unit, 190 East 5th Street, Suite 700, St. Paul, MN 55101; Voice: 651.296.5663; Toll Free: 800.657.3704; TTY: 651.296.1283. MnSCU is under no obligation to delay the award or the execution of a contract until a vendor has completed the Human Rights certification process. It is the sole responsibility of the vendor to apply for and obtain a Human Rights certificate prior to contract execution. It is hereby agreed between the parties that MnSCU will require affirmative action requirements be met by vendors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600. Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of the state shall execute an order in excess of $100,000 with any business within the State of Minnesota having more than 40 full-time employees in a single working day during the previous 12 months unless the firm or business has an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved the Commissioner of Human Rights. Receipt of a Certificate of Compliance issued by the Commissioner shall signify that a firm or business has an affirmative action plan approved by the Commissioner. Failure by the vendor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the order (Minnesota Statutes §363A.36, subdivisions 3 and 4). A certificate is valid for a period of two (2) years.

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DISABLED INDIVIDUAL CLAUSE A. A vendor shall 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 vendor agrees to take disabled individuals without discrimination based on 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 of training, including apprenticeship. B. The vendor agrees to comply with the rules and relevant order of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. C. In the event of a vendor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken by the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. D. The vendor 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 shall state the vendor 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 vendor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other order understanding, that the vendor is bound by the terms of Minnesota Statutes §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 individuals. It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400 to 5000.3600 are incorporated into any order of Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600 are available from Minnesota Bookstore, 660 Olive Street, St. Paul, Minnesota 55155. By signing this statement the vendor certifies that the information provided is accurate.

NAME OF COMPANY: ____________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________________________________________ TITLE: _____________________________________________________________ DATE: _____________________________________________________________ Revised 1/22/09