HF 4514

as introduced - 90th Legislature (2017 - 2018) Posted on 05/16/2018 10:04am

A bill for an act
relating to municipal contracting; increasing transparency for certain bids; amending
Minnesota Statutes 2016, section 471.345, subdivision 6.

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

Section 1.

Minnesota Statutes 2016, section 471.345, subdivision 6, is amended to read:

Subd. 6.

Applicability of other laws new text begin ; conflict of interest new text end .

new text begin (a) new text end The purpose of this section
is to establish for all municipalities, uniform dollar limitations upon contracts which shall
or may be entered into on the basis of competitive bids, quotations or purchase or sale in
the open market. To the extent inconsistent with this purpose, all laws governing contracts
by a particular municipality or class thereof are superseded. In all other respects such laws
shall continue applicable.

new text begin (b) For contracts subject to subdivisions 3 and 3a, a municipality must avoid the
appearance of a conflict of interest by ensuring that contracts:
new text end

new text begin (1) do not permit an individual manufacturer to draft a bid specification for the
municipality;
new text end

new text begin (2) do not allow an entity that has a financial stake in the outcome of the contract to
review the bid with or on behalf of the municipality; or
new text end

new text begin (3) allow the use of alternative materials that have been certified as equivalent by an
engineer or other expert with knowledge of the product.
new text end

new text begin (c) When practicable, contracts subject to subdivisions 3 and 3a must use standards by
which equivalencies can be measured for materials and products required for the project.
new text end