HF 925

as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2011 09:49am

A bill for an act
relating to state government; revising procedures for public purchasing from
corrections industries; amending Minnesota Statutes 2010, sections 16B.181,
subdivision 2; 16B.335, subdivision 3; 16C.10, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 16B.181, subdivision 2, is amended to read:

Subd. 2.

Public entities; purchases from corrections industries.

(a) The
commissioner of corrections, in consultation with the commissioner of administration,
shall prepare updated lists of the items available for purchase from Department of
Corrections industries and annually forward a copy of the most recent list to all public
entities within the state. deleted text begin A public entity that is supported in whole or in part with funds
from the state treasury may purchase items directly from corrections industries. The bid
solicitation process is not required for these purchases.
deleted text end

(b) deleted text begin The commissioner of administration shall develop a contract or contracts
to enable public entities to purchase items directly from corrections industries. deleted text end The
commissioner of administration shall require that all requests for bids or proposals, for
items provided by corrections industries, be forwarded to the commissioner of corrections
to enable corrections industries to submit bids. The commissioner of corrections shall
consult with the commissioner of administration prior to introducing new products to
the state agency market.

(c) No public entity may evade the intent of this section by adopting slight variations
in specifications, when Minnesota corrections industry items meet the reasonable needs
and specifications of the public entity.

Sec. 2.

Minnesota Statutes 2010, section 16B.335, subdivision 3, is amended to read:

Subd. 3.

Predesign requirement.

The definitions in paragraphs (a) and (b) apply
to this section.

(a) "Predesign" means the stage in the development of a project during which the
purpose, scope, cost, and schedule of the complete project are defined and instructions to
design professionals are produced.

(b) "Design" means the stage in the development of a project during which
schematic, design development, and contract documents are produced.

(c) A recipient to whom an appropriation is made for a project subject to review
under subdivision 1 or notice under subdivision 2 shall prepare a predesign package and
submit it to the commissioner for review and recommendation before proceeding with
design activities. The commissioner must complete the review and recommendation within
ten working days after receiving it. Failure to review and recommend within the ten days
is considered a positive recommendation. The predesign package must be sufficient to
define the purpose, scope, cost, and schedule of the project and must demonstrate that the
project has been analyzed according to appropriate space needs standards. deleted text begin All predesign,
design, and construction projects shall include consideration of the state of Minnesota's
correctional industries program, MINNCOR Industries, consistent with section 16B.181,
subdivision 2, paragraph (c), in predesign planning and product specifications.
deleted text end

(d) This subdivision does not apply to capital projects for park buildings owned by a
local government unit in the metropolitan area defined in section 473.121, subdivision 2.

Sec. 3.

Minnesota Statutes 2010, section 16C.10, subdivision 5, is amended to read:

Subd. 5.

Specific purchases.

The solicitation process described in this chapter is
not required for acquisition of the following:

(1) merchandise for resale purchased under policies determined by the commissioner;

(2) farm and garden products which, as determined by the commissioner, may be
purchased at the prevailing market price on the date of sale;

deleted text begin (3) goods and services from the Minnesota correctional facilities;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end goods and services from rehabilitation facilities and extended employment
providers that are certified by the commissioner of employment and economic
development, and day training and habilitation services licensed under sections 245B.01
to 245B.08;

deleted text begin (5) deleted text end new text begin (4) new text end goods and services for use by a community-based facility operated by the
commissioner of human services;

deleted text begin (6) deleted text end new text begin (5) new text end goods purchased at auction or when submitting a sealed bid at auction
provided that before authorizing such an action, the commissioner consult with the
requesting agency to determine a fair and reasonable value for the goods considering
factors including, but not limited to, costs associated with submitting a bid, travel,
transportation, and storage. This fair and reasonable value must represent the limit of
the state's bid;

deleted text begin (7) deleted text end new text begin (6) new text end utility services where no competition exists or where rates are fixed by law or
ordinance; and

deleted text begin (8) deleted text end new text begin (7) new text end goods and services from Minnesota sex offender program facilities.