HF 2114

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; providing an exception 
  1.3             to the bid solicitation process for certain 
  1.4             professional services; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 16C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [16C.095] [EXCEPTION FOR CERTAIN PROFESSIONAL 
  1.8   SERVICES.] 
  1.9      (a) A contract entered into by an agency, the University of 
  1.10  Minnesota, or the Minnesota state colleges and universities for 
  1.11  the professional services of persons regulated by the board of 
  1.12  architecture, engineering, land surveying, landscape 
  1.13  architecture, geoscience, and interior design is not subject to 
  1.14  sections 16C.06 to 16C.09. 
  1.15     (b) An agency shall select contractors described in 
  1.16  paragraph (a) on the basis of qualifications for the type of 
  1.17  professional service required.  An agency may solicit pricing 
  1.18  information to determine contractor compensation only after the 
  1.19  agency has selected a contractor under paragraph (c). 
  1.20     (c) Subject to the requirements of paragraph (b), the 
  1.21  procedures that an agency creates for the screening and 
  1.22  selection of contractors under this section shall be within the 
  1.23  sole discretion of the agency and may be adjusted to accommodate 
  1.24  the agency's cost, scope, and schedule objectives for a 
  1.25  particular project.  Adjustments to accommodate an agency's 
  2.1   objectives may include provision for the direct appointment of a 
  2.2   contractor if the value of the project does not exceed a 
  2.3   threshold amount as determined by the agency.  Screening and 
  2.4   selection procedures may include a consideration of each 
  2.5   contractor's: 
  2.6      (1) specialized experience, capabilities, and technical 
  2.7   competence that may be demonstrated by the proposed approach and 
  2.8   methodology to meet the project requirements; 
  2.9      (2) resources available to perform the work, including any 
  2.10  specialized services, within the applicable time limits; 
  2.11     (3) record of past performance, including, but not limited 
  2.12  to, price and cost data from previous projects, quality of work, 
  2.13  ability to meet schedules, cost control, and contract 
  2.14  administration; 
  2.15     (4) ownership status and employment practices regarding 
  2.16  women, minorities, and emerging small businesses or historically 
  2.17  underutilized businesses; 
  2.18     (5) availability to the project locale; 
  2.19     (6) familiarity with project locale; 
  2.20     (7) proposed project management techniques; and 
  2.21     (8) ability and proven history in handling special project 
  2.22  constraints. 
  2.23     (d) The agency and the selected contractor shall mutually 
  2.24  discuss and refine the scope of services for the project and 
  2.25  shall negotiate conditions, including, but not limited to, 
  2.26  compensation level and performance schedule, based on the scope 
  2.27  of the services.  The compensation level paid must be reasonable 
  2.28  and fair to the agency as determined solely by the agency.  
  2.29     (e) If the agency and the selected contractor are unable 
  2.30  for any reason to negotiate a contract at a compensation level 
  2.31  that is reasonable and fair to the agency, the agency shall, 
  2.32  either orally or in writing, formally terminate negotiations 
  2.33  with the selected contractor.  The agency may then negotiate 
  2.34  with the next highest qualified contractor.  The negotiation 
  2.35  process may continue in this manner through successive 
  2.36  contractors until an agreement is reached or the agency 
  3.1   terminates the contracting process.