HF 4185

as introduced - 91st Legislature (2019 - 2020) Posted on 04/07/2020 01:33pm

A bill for an act
relating to electrical inspectors; prohibiting mandatory extended reporting coverage
in state electrical inspection vendor contracts; amending Minnesota Statutes 2018,
section 16C.28, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 16C.28, subdivision 1, is amended to read:

Subdivision 1.

Award requirements.

(a) All state building and construction contracts
entered into by or under the supervision of the commissioner or an agency for which
competitive bids or proposals are required may be awarded to either of the following:

(1) the lowest responsible bidder, taking into consideration conformity with the
specifications, terms of delivery, the purpose for which the contract is intended, the status
and capability of the vendor or contractor, other considerations imposed in the call for bids,
and, where appropriate, principles of life-cycle costing; or

(2) the vendor or contractor offering the best value, taking into account the specifications
of the request for proposals, the price and performance criteria as set forth in subdivision
1b, and described in the solicitation document.

(b) The vendor or contractor must secure bonding, commercial general insurance
coverage, and workers' compensation insurance coverage under paragraph (a), clause (1)
or (2). The commissioner shall determine whether to use the procurement process described
in paragraph (a), clause (1), or the procurement process described in paragraph (a), clause
(2), and paragraph (c). If the commissioner uses the method in paragraph (a), clause (2),
and paragraph (c), the head of the agency shall determine which vendor or contractor offers
the best value, subject to the approval of the commissioner. Any or all bids or proposals
may be rejected.

new text begin (c) When executing a contract with a vendor providing electrical inspection services in
the state, the commissioner must not require vendors to obtain extended reporting period
coverage for a professional technical errors or omission insurance policy.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end When using the procurement process described in subdivision 1, paragraph (a),
clause (2), the solicitation document must state the relative weight of price and other selection
criteria. The award must be made to the vendor or contractor offering the best value applying
the weighted selection criteria. If an interview of the vendor's or contractor's personnel is
one of the selection criteria, the relative weight of the interview shall be stated in the
solicitation document and applied accordingly.