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SF 1161

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2007

Current Version - as introduced

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A bill for an act
relating to highways; regulating highway contracts; amending Minnesota
Statutes 2006, section 161.32, subdivisions 1, 1b, 4.

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

Section 1.

Minnesota Statutes 2006, section 161.32, subdivision 1, is amended to read:


Subdivision 1.

Advertisement for bids.

The commissioner may conduct the work
or any part of the work incidental to the construction and maintenance of the trunk
highways by labor employed to do the work or by contract. In cases of construction work,
the commissioner shall first advertise for bids for contracts, and if no satisfactory bids are
received, may either reject all bids and readvertise, or do the work by labor employed to
do the work. Except as provided in subdivision 3 or 4, when work is to be done under
contract, the commissioner shall advertise for bids once each week for three successive
weeks prior to the date the bids are to be received. The advertisement for bids must be
published deleted text begin in a newspaper or other periodical of general circulation in the state and may be
placed
deleted text end on the Internet. The plans and specifications for the proposed work must be on file
in the commissioner's office prior to the first call for bids.

Sec. 2.

Minnesota Statutes 2006, section 161.32, subdivision 1b, is amended to read:


Subd. 1b.

Lowest responsible bidder; electronic bids.

Bidders may submit
bids electronically in a form and manner required by the commissioner; however, the
commissioner may require that all bids deleted text begin of $5,000,000 and overdeleted text end for trunk highway contracts
must be submitted electronically.new text begin Notwithstanding section 13.591, subdivision 3, or any
other law or rule to the contrary, bids are not required to be opened and read in public if
the commissioner publishes the public data specified by section 13.591, subdivision 3,
on a state Web site immediately after the deadline for receipt of bids has passed. Bids
for federal-aid highway projects must be conducted in accordance with Code of Federal
Regulations, title 23, section 635.
new text end Trunk highway construction contracts, including
design-build contracts, must be awarded to the lowest responsible bidder, taking into
consideration conformity with the specifications, the purpose for which the contract or
purchase is intended, the status and capability of the vendor, and other considerations
imposed in the call for bids. The commissioner may decide which is the lowest responsible
bidder for all contracts and may use the principles of life-cycle costing, when appropriate,
in determining the lowest overall bid. Any or all bids may be rejected. When competitive
bids are required and all bids are rejected, new bids, if solicited, must be called for as in
the first instance, unless otherwise provided by law.

Sec. 3.

Minnesota Statutes 2006, section 161.32, subdivision 4, is amended to read:


Subd. 4.

Trunk highways damaged by spring breakup.

Contracts may be
let for the repair and restoration of trunk highways damaged by spring breakup upon
advertisement for bids deleted text begin and publication thereof in a newspaper or periodical of general
circulation
deleted text end for a period of one week prior to the date such bids are to be received, and
upon the mailing of such advertisements to all contractors who have filed a written request
therefor.