HF 729

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; prohibiting contracts under competitive bidding
process for certain offenses; proposing coding for new law in Minnesota Statutes,
chapter 16C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16C.261] COMPETITIVE BIDDING PROCESS; CRIMINAL OR
CIVIL JUDGMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Contract prohibited for certain criminal or civil judgments.
new text end

new text begin No commissioner or government agency shall enter into any agreement for the provision
of equipment, products, or services, whether through any competitive bidding process or
not, with any company or entity, including officers, directors, or beneficial owners that,
within the five-year period preceding the agreement, has:
new text end

new text begin (1) been convicted or had a civil judgment rendered against the company or entity
for the commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a transaction or contract;
new text end

new text begin (2) violated any federal or state antitrust statutes;
new text end

new text begin (3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
new text end

new text begin (4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging.
new text end

new text begin Subd. 2. new text end

new text begin Applicant to certify. new text end

new text begin After January 1, 2008, in every agreement with the
state of Minnesota for the provision of equipment, products, or services, whether through
any competitive bidding process or not, and in every request for proposal, request for
qualifications, request for services, or similar competitive bidding process, the state shall
require each applicant to certify that the applicant, including its officers, directors, or
beneficial owners has not, within the five-year period preceding such date:
new text end

new text begin (1) been convicted or had a civil judgment rendered against the applicant for the
commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a transaction or contract;
new text end

new text begin (2) violated any federal or state antitrust statutes;
new text end

new text begin (3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
new text end

new text begin (4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging.
new text end

new text begin Subd. 3. new text end

new text begin Contract termination; notice requirement. new text end

new text begin All commissioners and
government agencies that have, as of the day of enactment of this section, any agreement
for the provision of equipment, products, or services, whether through any competitive
bidding process or not, with any company or entity, including officers, directors, or
beneficial owners that, within the five-year period preceding the date of such agreement,
has:
new text end

new text begin (1) been convicted or had a civil judgment rendered against the company or entity
for the commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a transaction or contract;
new text end

new text begin (2) violated any federal or state antitrust statutes;
new text end

new text begin (3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
new text end

new text begin (4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging, shall immediately terminate the agreement by providing a
30-day notice.
new text end

new text begin Subd. 4. new text end

new text begin Repealer. new text end

new text begin This section is repealed June 30, 2009.
new text end