HF 1877

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; modifying provisions
relating to competitive bidding; amending Minnesota
Statutes 2004, sections 16C.26, subdivisions 3, 4;
16C.28, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 16C.26,
subdivision 3, is amended to read:

Subd. 3.

Publication of notice; expenditures over
deleted text begin $15,000 deleted text end new text begin $25,000 new text end .

If the amount of an expenditure is estimated
to exceed deleted text begin $15,000 deleted text end new text begin $25,000 new text end , deleted text begin sealed deleted text end bids must be solicited by
public notice deleted text begin inserted at least once in a newspaper or trade
journal not less than seven days before the final date of
submitting bids deleted text end new text begin in a manner designated by the commissioner new text end . deleted text begin The
commissioner shall designate the newspaper or trade journal for
that publication and may designate different newspapers or
journals according to the nature of the purchase or
contract. deleted text end new text begin To the extent practical, this must include posting on
a state Web site. For expenditures over $50,000, new text end the
commissioner shall deleted text begin also deleted text end solicit sealed bids by deleted text begin sending deleted text end new text begin providing
new text end notices deleted text begin by mail deleted text end to all prospective bidders known to the
commissioner deleted text begin and deleted text end by posting notice on deleted text begin a public bulletin board in
the commissioner's office deleted text end new text begin a state Web site new text end at least five days
before the final date of submitting bids. All bids new text begin over $50,000
new text end must be sealed when they are received and must be opened in
public at the hour stated in the notice. All original bids and
all documents pertaining to the award of a contract must be
retained and made a part of a permanent file or record and
remain open to public inspection.

Sec. 2.

Minnesota Statutes 2004, section 16C.26,
subdivision 4, is amended to read:

Subd. 4.

Building and construction contracts;
deleted text begin $15,000 deleted text end new text begin $50,000 new text end or less.

deleted text begin All contracts, the amount of which is
estimated to be $15,000 or less, may be made either upon
competitive bids or in the open market, in the discretion of the
commissioner. So far as practicable, however, they must be
based on at least three competitive bids which must be
permanently recorded. deleted text end new text begin An informal bid may be used for building,
construction, and repair contracts that are estimated at less
than $50,000. Informal bids must be authenticated by the bidder
in a manner specified by the commissioner.
new text end

Sec. 3.

Minnesota Statutes 2004, section 16C.28,
subdivision 2, is amended to read:

Subd. 2.

Alterations and erasures.

A bid containing an
alteration or erasure of any price contained in the bid which is
used in determining the lowest responsible bid must be rejected
unless the alteration or erasure is corrected deleted text begin under this
subdivision deleted text end new text begin in a manner that is clear and authenticated by an
authorized representative of the responder new text end . An alteration or
erasure may be crossed out and the correction printed in ink or
typewritten adjacent to it and initialed deleted text begin in ink by the person
signing the bid deleted text end new text begin by an authorized representative of the responder new text end .