HF 2568

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/20/2025 03:02 p.m.

A bill for an act
relating to contracting; requiring tax increment financing to be included for the
purposes of meeting the threshold for the responsible contractor law; amending
Minnesota Statutes 2024, section 16C.285, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, section 16C.285, subdivision 2, is amended to read:

Subd. 2.

Responsible contractor required.

(a) A contractor must meet the minimum
criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest
responsible bidder or the vendor or contractor offering the best value as provided in section
16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206,
161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21,
469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, 473J.11, or any
of their successor provisions.

(b) This section applies to publicly owned or financed projects where the contracting
authority's construction contract with the prime contractor is estimated to exceed $50,000
and is awarded pursuant to a lowest responsible bidder selection method or a best value
selection method as provided in paragraph (a). The amount of any tax increment financing
must be deleted text begin excluded deleted text end new text begin included new text end in determining whether a construction contract exceeds $50,000.
A subcontractor or motor carrier must meet the minimum criteria in subdivision 3 to be
eligible to be awarded a subcontract on a project regardless of the value of the subcontract.

(c) If only one prime contractor responds to a solicitation document, a contracting
authority may award a construction contract to the responding prime contractor even if the
minimum criteria in subdivision 3 are not met.