HF 724

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public contracts; specifying procedures to 
  1.3             be followed for certain professional service 
  1.4             contracts; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 16C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [16C.095] [SELECTION OF CERTAIN PROFESSIONAL 
  1.8   SERVICE CONTRACTORS.] 
  1.9      Subdivision 1.  [PROFESSIONAL SERVICES COVERED.] This 
  1.10  section applies to an agency contract for professional services 
  1.11  of persons regulated by the board of architecture, engineering, 
  1.12  land surveying, landscape architecture, geoscience, and interior 
  1.13  design.  This section does not apply to an agency contract that 
  1.14  is subject to section 16B.33. 
  1.15     Subd. 2.  [QUALIFICATION-BASED SELECTION.] Notwithstanding 
  1.16  section 16C.06, subdivision 6, an agency must rank contractors 
  1.17  described in subdivision 1 on the basis of qualifications, as 
  1.18  described in subdivision 3, for the type of professional service 
  1.19  required.  An agency may solicit pricing information to 
  1.20  determine contractor compensation only after the agency has 
  1.21  ranked prospective contractors based on the factors the agency 
  1.22  specifies in accordance with subdivisions 3 and 4. 
  1.23     Subd. 3.  [PROCEDURES.] Subject to subdivision 2, 
  1.24  procedures for screening and selection of contractors are within 
  1.25  the sole discretion of the agency.  Procedures may be adjusted 
  2.1   to accommodate the agency's cost, scope, and schedule objectives 
  2.2   for a particular project.  Screening and selection procedures 
  2.3   may include a consideration of each contractor's: 
  2.4      (1) specialized expertise, capabilities, and technical 
  2.5   competence as demonstrated by the proposed approach and 
  2.6   methodology to meet the project requirements; 
  2.7      (2) resources available to perform the work, including any 
  2.8   specialized services, within the specified time limits for the 
  2.9   project; 
  2.10     (3) record of past performance, including but not limited 
  2.11  to price and cost data from previous projects, quality of work, 
  2.12  ability to meet schedules, cost control, and contract 
  2.13  administration; 
  2.14     (4) ownership status and employment practices regarding 
  2.15  women, minorities, and emerging small businesses or historically 
  2.16  underutilized businesses; 
  2.17     (5) availability to the project locale; 
  2.18     (6) familiarity with the project locale; 
  2.19     (7) proposed project management techniques; and 
  2.20     (8) ability and proven history in handling special project 
  2.21  constraints. 
  2.22     Subd. 4.  [SELECTION.] (a) The agency shall rank 
  2.23  prospective contractors based on the factors the agency 
  2.24  specifies, in accordance with this section.  The agency and the 
  2.25  ranked contractors shall discuss and refine the scope of 
  2.26  services for the project and shall negotiate conditions, 
  2.27  including but not limited to compensation and performance 
  2.28  schedule, based on the scope of the services.  The compensation 
  2.29  level paid must be reasonable and fair to the agency, as 
  2.30  determined solely by the agency. 
  2.31     (b) The agency may negotiate with all ranked contractors 
  2.32  until an agreement is reached or the agency terminates the 
  2.33  contracting process. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective July 1, 2001, and applies to 
  2.36  contracts for which a request for bids or a request for 
  3.1   proposals is issued after that date.