SF 1746

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 administration; providing for 
  1.3             design-build contracts and preselection construction 
  1.4             contracts; providing for exempt rules; amending 
  1.5             Minnesota Statutes 2000, sections 16B.31, subdivision 
  1.6             1; 16B.33, subdivision 1, by adding subdivisions; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 16C. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 16B.31, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [CONSTRUCTION PLANS AND SPECIFICATIONS.] (a)
  1.13  The commissioner shall (1) have plans and specifications 
  1.14  prepared for the construction, alteration, or enlargement of all 
  1.15  state buildings, structures, and other improvements except 
  1.16  highways and bridges, and except for buildings and structures 
  1.17  under the control of the board of trustees of the Minnesota 
  1.18  state colleges and universities; (2) approve those plans and 
  1.19  specifications; (3) advertise for bids and award all contracts 
  1.20  in connection with the improvements; (4) supervise and inspect 
  1.21  all work relating to the improvements; (5) approve all lawful 
  1.22  changes in plans and specifications after the contract for an 
  1.23  improvement is let; and (6) approve estimates for payment.  This 
  1.24  subdivision does not apply to the construction of the zoological 
  1.25  gardens.  
  1.26     (b) The commissioner may: 
  1.27     (1) use a design-build method of project development and 
  2.1   construction and award a design-build contract on the basis of 
  2.2   selection criteria provided in section 16C.091; or 
  2.3      (2) preselect a contractor and negotiate a guaranteed 
  2.4   maximum price, with optional bidding of subcontracts and sharing 
  2.5   of savings, and award a preselected general construction 
  2.6   contract on the basis of the selection criteria provided in 
  2.7   section 16C.091. 
  2.8      (c) The commissioner may require a designer and a 
  2.9   preselected contractor, by contract, to cooperate and function 
  2.10  as a team in the design, planning, and scheduling and 
  2.11  construction process.  Nothing in such a contract may make the 
  2.12  designer a subcontractor to the contractor or limit the 
  2.13  designer's independent obligations to the commissioner as owner. 
  2.14     (d) For projects undertaken by the University of Minnesota, 
  2.15  the powers granted in paragraphs (b) and (c) may be exercised by 
  2.16  the board of regents.  For projects undertaken by the Minnesota 
  2.17  state colleges and universities system, the powers granted in 
  2.18  paragraphs (b) and (c) may be exercised by its trustees. 
  2.19     (e) Paragraphs (b), (c), and (d) expire August 1, 2004. 
  2.20     Sec. 2.  Minnesota Statutes 2000, section 16B.33, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.23  following terms have the meanings given them:  
  2.24     (a) "Agency" has the meaning given in section 16B.01.  
  2.25     (b) "Architect" means an architect or landscape architect 
  2.26  registered to practice under sections 326.02 to 326.15.  
  2.27     (c) "Board" means the state designer selection board.  
  2.28     (d) "Designer" means an architect or engineer, or a 
  2.29  partnership, association, or corporation comprised primarily of 
  2.30  architects or engineers or of both architects and engineers.  
  2.31     (e) "Design-builder" means the person who proposes to 
  2.32  design and construct a project governed by the procedures of 
  2.33  section 16C.091. 
  2.34     (f) "Engineer" means an engineer registered to practice 
  2.35  under sections 326.02 to 326.15.  
  2.36     (f) (g) "Person" includes an individual, corporation, 
  3.1   partnership, association, or any other legal entity.  
  3.2      (g) (h) "Primary designer" means the designer who is to 
  3.3   have primary design responsibility for a project, and does not 
  3.4   include designers who are merely consulted by the user agency 
  3.5   and do not have substantial design responsibility, or designers 
  3.6   who will or may be employed or consulted by the primary designer.
  3.7      (h) (i) "Project" means an undertaking to construct, erect, 
  3.8   or remodel a building by or for the state or an agency.  
  3.9      (i) (j) "User agency" means the agency undertaking a 
  3.10  specific project.  
  3.11     Sec. 3.  Minnesota Statutes 2000, section 16B.33, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 5.  [DESIGN-BUILDER SELECTION PROCESS.] The board 
  3.14  shall select design-builders pursuant to section 16C.091.  The 
  3.15  board may not select a design-builder in which a member of the 
  3.16  designer selection board has a current financial interest. 
  3.17     Sec. 4.  Minnesota Statutes 2000, section 16B.33, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 6.  [EXPIRATION.] Subdivisions 1, paragraph (e), and 
  3.20  5 expire August 1, 2004. 
  3.21     Sec. 5.  [16C.091] [DESIGN-BUILD CONTRACTS; PRESELECTION 
  3.22  CONSTRUCTION CONTRACTS.] 
  3.23     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  3.24  section, the following terms have the meanings given them, 
  3.25  unless the context clearly indicates otherwise. 
  3.26     (b) "Acceptance" means a formal resolution of the 
  3.27  commissioner authorizing the execution of a design-build 
  3.28  contract or a preselection construction contract. 
  3.29     (c) "Board" means the designer selection board, as 
  3.30  described in section 16B.33. 
  3.31     (d) "Capitol area architectural and planning board" means 
  3.32  the board established to govern the capitol area under section 
  3.33  15.50. 
  3.34     (e) "Commissioner" means the commissioner of administration.
  3.35     (f) "Design-build contract" means a state contract between 
  3.36  an agency and a design-builder to furnish the architectural, 
  4.1   engineering, and related design services as well as the labor, 
  4.2   materials, supplies, equipment, and construction services for a 
  4.3   project.  A design-build contract may be conditioned upon later 
  4.4   refinements in design and price, and may permit the agency to 
  4.5   make changes in the design of the project without invalidating 
  4.6   the design-build contract. 
  4.7      (g) "Design-builder" means the person who proposes to 
  4.8   design and build a project governed by the procedures of this 
  4.9   section. 
  4.10     (h) "Design criteria package" means a performance-oriented 
  4.11  description of the budget, program, and site for the project, 
  4.12  containing sufficient information to permit design-build firms 
  4.13  to prepare a response to the request for proposals.  The design 
  4.14  criteria package must specify performance-based criteria for the 
  4.15  project; legal description of the site; survey, subsurface soil, 
  4.16  and environmental information concerning the site; interior 
  4.17  space requirements, including adjacency diagrams; material 
  4.18  quality standards; conceptual design criteria; cost or budget 
  4.19  estimates; design and construction schedules; site development 
  4.20  requirements; provisions for utilities; stormwater retention and 
  4.21  disposal; and parking requirements applicable to the project and 
  4.22  any other information required to adequately describe the 
  4.23  project. 
  4.24     (i) "Design criteria professional" means a person who 
  4.25  holds, or employs individuals who hold, the license or licenses 
  4.26  under chapter 326 that would be required to design the 
  4.27  design-build project and who is employed by or under contract to 
  4.28  the commissioner to provide professional architecture and 
  4.29  engineering services in connection with the preparation of the 
  4.30  design criteria package. 
  4.31     (j) "Design proposal" means the phase-two proposal to be 
  4.32  submitted by a design-builder in the selection process, which 
  4.33  may include the building and site design, design and 
  4.34  construction schedule, and the construction cost, in such detail 
  4.35  as the board may require in the request for proposals. 
  4.36     (k) "Past performance" or "experience" does not include the 
  5.1   exercise or assertion of a person's legal rights. 
  5.2      (l) "Person" means an individual, partnership, joint 
  5.3   venture, corporation, professional corporation, business 
  5.4   association, or any other legal entity. 
  5.5      (m) "Preselected contractor" means a contractor who 
  5.6   proposes to construct a project in accordance with the 
  5.7   procedures of this section. 
  5.8      (n) "Preselection construction contract" means a contract 
  5.9   for construction of a project between a preselected contractor 
  5.10  and the commissioner, within a maximum guaranteed not-to-exceed 
  5.11  price.  The contract may require competitive bidding of suitable 
  5.12  components, with cost savings shared with the state receiving 
  5.13  not less than one-half of all savings.  A preselection 
  5.14  construction contract may be conditioned upon later refinements 
  5.15  in scope and price, and may permit the commissioner to make 
  5.16  changes in the scope of the project and the maximum price 
  5.17  without invalidating the preselection construction contract. 
  5.18     (o) "Project" means an undertaking to design, construct, 
  5.19  erect, or remodel a building by or for the state or an agency 
  5.20  under the supervision and control of the commissioner pursuant 
  5.21  to section 16B.30. 
  5.22     (p) "Proposal" means an offer by a design-builder to enter 
  5.23  into a design-build contract for a project in response to a 
  5.24  request for proposals, including a phase-one or phase-two 
  5.25  proposal pursuant to subdivisions 8 and 9. 
  5.26     (q) "Request for proposals" means the document or 
  5.27  publication through which the commissioner solicits proposals 
  5.28  for a design-build contract. 
  5.29     Subd. 2.  [AUTHORITY.] (a) Notwithstanding section 16C.06, 
  5.30  the commissioner may: 
  5.31     (1) solicit and award a design-build contract on the basis 
  5.32  of the design-based selection process described in subdivision 9 
  5.33  without competitive bids if the commissioner meets the 
  5.34  conditions in paragraphs (b) to (f); and 
  5.35     (2) preselect a contractor and award a not-to-exceed 
  5.36  preselection construction contract without competitive bidding, 
  6.1   but with competitive bidding of subcontracts and sharing in cost 
  6.2   savings thereon if the conditions of paragraph (c) are met.  In 
  6.3   no case shall the commissioner utilize the design-build method 
  6.4   of construction delivery for more than 20 percent of the 
  6.5   projects where a designer or design-builder is selected in a 
  6.6   calendar year. 
  6.7      (b) Pursuant to section 16B.31, subdivision 4, if the 
  6.8   project is within the capitol area as defined in section 15.50, 
  6.9   the project shall comply with section 15.50, subdivision 2, 
  6.10  paragraphs (c), (d), and (e). 
  6.11     (c) The commissioner shall, for each project for which the 
  6.12  commissioner intends to use the design-build or contractor 
  6.13  preselection method, make a written determination, including the 
  6.14  findings indicating the basis for the decision, and notify the 
  6.15  chair of the house ways and means committee and the appropriate 
  6.16  finance committee chair of the senate, that it is in the best 
  6.17  interest of the state to enter into a design-build contract or 
  6.18  preselection construction contract. 
  6.19     (d) If the project is within the capitol area as defined in 
  6.20  section 15.50, and if the design selection process does not 
  6.21  adhere to section 16B.31, subdivision 4, then the project shall 
  6.22  comply with paragraph (c) and receive periodic review and final 
  6.23  approval of the capitol area architectural and planning board. 
  6.24     (e) The board shall not solicit phase-two proposals, as 
  6.25  described in subdivision 7, unless it receives phase-one 
  6.26  proposals, as described in subdivision 7, from at least three 
  6.27  qualified design-builders.  If the board receives fewer than 
  6.28  three phase-one proposals from qualified design-builders, the 
  6.29  commissioner shall either ask the board to revise the request 
  6.30  for proposals and solicit new proposals or request selection of 
  6.31  a designer pursuant to section 16B.33 and proceed with 
  6.32  competitive bidding pursuant to section 16C.06. 
  6.33     (f) For all design-build projects, the commissioner shall 
  6.34  award a stipend to each design-builder who submits a phase-two 
  6.35  proposal, as described in subdivision 7, in an amount determined 
  6.36  by the board that shall be commensurate with the amount of 
  7.1   design services requested and allowed for each phase-two 
  7.2   proposal at current market rates for such services.  The stipend 
  7.3   paid to the design-builder selected to complete the project 
  7.4   shall be applied to the contract. 
  7.5      Subd. 3.  [RULES.] The commissioner shall adopt exempt 
  7.6   rules under section 14.386 consistent with this section for the 
  7.7   solicitation and award of design-build contracts or preselection 
  7.8   of contracts.  The University of Minnesota and the Minnesota 
  7.9   state colleges and universities shall either jointly prepare and 
  7.10  adopt the rules with the commissioner, or shall adopt similar 
  7.11  rules.  Notwithstanding section 14.386, paragraph (b), the rules 
  7.12  do not expire.  The rules shall include, at a minimum, 
  7.13  procedures governing the following: 
  7.14     (1) preparing requests for proposals, including procedures 
  7.15  for determining the appropriate content of each request for 
  7.16  proposal; 
  7.17     (2) standards to be used to qualify or prequalify 
  7.18  design-builders that do not unduly restrict competition; 
  7.19     (3) preparing and submitting proposals; 
  7.20     (4) establishing procedures for evaluating proposals in as 
  7.21  objective a manner as possible; 
  7.22     (5) negotiations between the board or commissioner and 
  7.23  those submitting proposals prior to the acceptance of a proposal 
  7.24  if negotiations are contemplated, including safeguards to 
  7.25  preserve confidential information and proprietary information 
  7.26  supplied by those submitting proposals such as an offeror's 
  7.27  price, technical solutions, innovative or unique technology, and 
  7.28  innovative or unique use of commercially available items; 
  7.29     (6) awarding and executing design-build contracts; and 
  7.30     (7) acting on formal protests relating to the solicitation 
  7.31  of proposals or award of design-build contracts and awarding 
  7.32  attorney fees to a successful protester. 
  7.33     Subd. 4.  [LICENSING REQUIREMENTS.] (a) Each design-builder 
  7.34  shall be, employ, or have as a partner, member, coventurer, or 
  7.35  subcontractor, persons duly licensed and registered to provide 
  7.36  the services required to complete the project and do business in 
  8.1   this state. 
  8.2      (b) A design-builder may contract with the commissioner to 
  8.3   provide professional or construction services that the 
  8.4   design-builder is not itself licensed, registered, or qualified 
  8.5   to perform, so long as the design-builder provides such services 
  8.6   through subcontracts with duly licensed, registered, or 
  8.7   otherwise qualified persons in accordance with this section.  
  8.8      (c) Nothing in this section authorizing design-build 
  8.9   contracts is intended to limit or eliminate the responsibility 
  8.10  or liability owed by a professional on a design-build project to 
  8.11  the state or other third parties under existing law.  The design 
  8.12  service portion of a design-build contract shall be considered a 
  8.13  service and not a product.  
  8.14     Subd. 5.  [DEVELOPMENT OF DESIGN CRITERIA PACKAGE.] Each 
  8.15  request for proposals shall contain performance criteria 
  8.16  prepared by a design criteria professional.  The design criteria 
  8.17  professional shall be either an employee of the commissioner or 
  8.18  shall be selected by the board in compliance with section 
  8.19  16B.33.  The commissioner, in consultation with the board, the 
  8.20  agency, and the design criteria professional, shall determine 
  8.21  the scope and level of detail required for the design criteria 
  8.22  package beyond that required in subdivision 1, paragraph (h).  
  8.23  The criteria shall not impose unnecessary criteria beyond the 
  8.24  reasonable requirements to ensure maximum participation of 
  8.25  qualified design-builders, but must be in sufficient detail to 
  8.26  allow qualified persons to submit design proposals in accordance 
  8.27  with the request for proposals, given the nature of the project 
  8.28  and the level of design to be provided in the proposal.  If the 
  8.29  project is within the capitol area as defined in section 15.50, 
  8.30  and if the design selection process does not adhere to section 
  8.31  16B.31, subdivision 4, the commissioner shall also consult with 
  8.32  the capitol area architectural and planning board to determine 
  8.33  the scope and level of detail required for the design criteria 
  8.34  package. 
  8.35     Subd. 6.  [SOLICITATION OF PROPOSALS.] (a) A request for 
  8.36  proposals shall be prepared for each design-build contract 
  9.1   soliciting design-builders to respond in two phases pursuant to 
  9.2   subdivision 7.  A request for proposals shall contain, at a 
  9.3   minimum, the following elements: 
  9.4      (1) the identity of the agency for which the project will 
  9.5   be built and that will award the design-build contract; 
  9.6      (2) procedures for submitting proposals, the criteria for 
  9.7   evaluation of proposals and their relative weight for each 
  9.8   phase, how those criteria will be scored, and the procedures for 
  9.9   making awards, including a reference to the requirements of this 
  9.10  section and the rules of the commissioner; 
  9.11     (3) the proposed terms and conditions for the design-build 
  9.12  contract; 
  9.13     (4) the design criteria package; 
  9.14     (5) the qualifications the design-builder will be required 
  9.15  to have; 
  9.16     (6) a schedule for commencement and completion of the 
  9.17  project; 
  9.18     (7) budget limits for the project; 
  9.19     (8) affirmative action, disadvantaged business, small 
  9.20  business, or set-aside goals or requirements for the 
  9.21  design-build contract, if any; 
  9.22     (9) requirements for insurance and statutorily required 
  9.23  performance and payment bonds; 
  9.24     (10) a description of the drawings, specifications, or 
  9.25  other submittals to be submitted with the design proposal, with 
  9.26  guidance as to the form and level of completeness of the 
  9.27  drawings, specifications, or submittals that will be acceptable 
  9.28  and the stipend to be paid to the three design-builders who are 
  9.29  selected to submit phase-two proposals; and 
  9.30     (11) identification of any other material information 
  9.31  available from the commissioner or board, including without 
  9.32  limitation, surveys, soils reports, drawings or models of 
  9.33  existing structures, environmental studies, photographs, or 
  9.34  references to public records. 
  9.35     (b) Notice of requests for proposals must be advertised in 
  9.36  the same manner in which bids are solicited under section 
 10.1   16C.06, subdivision 2, paragraph (a). 
 10.2      Subd. 7.  [EVALUATION OF PROPOSALS.] (a) The board shall 
 10.3   solicit and evaluate proposals and select a design-builder in 
 10.4   two phases. 
 10.5      (b) In phase one, the board shall evaluate each 
 10.6   design-builder's experience, technical competence, capability to 
 10.7   perform, the past performance of the design-builder and its 
 10.8   employees, and other appropriate facts submitted by it in 
 10.9   response to the request for proposals pursuant to weighted 
 10.10  criteria set forth in the request for proposals.  The board may 
 10.11  not consider cost-related or price-related evaluation factors in 
 10.12  phase one.  The board shall qualify three potential 
 10.13  design-builders for phase two of the selection process. 
 10.14     (c) In phase two, the board shall select design-builders as 
 10.15  described in subdivision 9. 
 10.16     (d) In both phase one and phase two, the board may require 
 10.17  clarifications or further information from or conduct 
 10.18  discussions with design-builders to ensure conformance of 
 10.19  proposals with the design criteria package. 
 10.20     (e) If the project is within the capitol area, the capitol 
 10.21  area architecture and planning board shall participate in both 
 10.22  phase-one and phase-two evaluation processes. 
 10.23     Subd. 8.  [ACCEPTANCE OF PROPOSALS.] After obtaining and 
 10.24  evaluating proposals from each design-builder according to the 
 10.25  criteria and procedures set forth in the request for proposals, 
 10.26  the board shall select in phase two the proposal it considers 
 10.27  most advantageous to the public in accordance with subdivision 
 10.28  9, paragraph (g).  The commissioner may reject any proposal, 
 10.29  except for the purpose of evading the provisions and policies of 
 10.30  this section.  The commissioner may thereafter solicit new 
 10.31  proposals using the same or different performance criteria, 
 10.32  budget constraints, or qualifications.  In order to accept a 
 10.33  proposal or contract, the board must receive at least three 
 10.34  qualifying phase-two proposals unless the board determines that 
 10.35  there was otherwise adequate competition for the contract. 
 10.36     Subd. 9.  [DESIGN-BASED SELECTION.] (a) Design-builders 
 11.1   selected to submit phase-two proposals shall submit design 
 11.2   proposals as required by the request for proposals, consisting 
 11.3   of: 
 11.4      (1) preliminary plans and specifications, renderings, and 
 11.5   models as may be required in the request for proposals in 
 11.6   sufficient detail to describe the character, quality, and scope 
 11.7   of the project; 
 11.8      (2) a design and construction schedule; 
 11.9      (3) the price at which the design-builder will complete the 
 11.10  project if selected; and 
 11.11     (4) other materials the board determines are necessary to 
 11.12  fix the design, schedule, and cost of the project. 
 11.13     (b) Design proposals must be sealed and may not be opened 
 11.14  until expiration of the time established for making proposals as 
 11.15  set forth in the request for proposals. 
 11.16     (c) Design proposals must identify each person with whom 
 11.17  the design-builder proposes to enter into subcontracts for 
 11.18  primary design and construction obligations under the 
 11.19  design-build contract.  Persons so identified may not be 
 11.20  replaced without the approval of the commissioner, or the award 
 11.21  may be revoked. 
 11.22     (d) Design proposals must establish a cost that will not be 
 11.23  exceeded if the design proposal is accepted without change.  
 11.24  After a design proposal is accepted, the maximum cost in the 
 11.25  design proposal must be converted to fixed prices by negotiated 
 11.26  agreement between the commissioner and the design-builder.  The 
 11.27  stipend paid to the design-builder under subdivision 2, 
 11.28  paragraph (e), must be applied to the design-build contract. 
 11.29     (e) The amount and type of design services requested by the 
 11.30  board for the phase-two proposals may not be exceeded by those 
 11.31  submitting phase-two proposals.  Unless compensated for their 
 11.32  effort, design-builders must not be required to submit detailed 
 11.33  architectural or engineering design or construction documents as 
 11.34  part of the design proposal. 
 11.35     (f) The commissioner may require each design-builder to 
 11.36  submit with its phase-two proposal a cash deposit, letter of 
 12.1   credit, or bid bond not to exceed five percent of the maximum 
 12.2   cost of the design-build contract, as established by the 
 12.3   proposal.  If the proposal is accepted but the design-builder 
 12.4   fails without good cause to execute the design-build contract, 
 12.5   the deposit or bond is forfeited in an amount not to exceed the 
 12.6   difference between the proposal in question and the next highest 
 12.7   proposal. 
 12.8      (g) The board shall accept the proposal that best meets the 
 12.9   weighted evaluation criteria set forth in the request for 
 12.10  proposal.  Selection according to this method may result in an 
 12.11  award not being made to the lowest cost proposal.  The perceived 
 12.12  benefits of the higher priced proposal must merit the additional 
 12.13  cost according to the weighted evaluation criteria, and the 
 12.14  rationale for such a departure must be stated at the time of 
 12.15  award. 
 12.16     Subd. 10.  [CONTRACTOR PRESELECTION.] (a) A request for 
 12.17  proposals must be prepared for each preselection construction 
 12.18  contract.  The design criteria professional selected for the 
 12.19  project shall advise and assist in the preparation of the 
 12.20  request for proposals.  The request for proposals must contain, 
 12.21  at a minimum, the elements set forth in subdivision 6, paragraph 
 12.22  (a), clauses (1), (2), (3), (6), (7), (8), (9), and (11), plus 
 12.23  the proposed terms and conditions for the preselection 
 12.24  construction contract and the preliminary scope and preliminary 
 12.25  design or schematic design developed by the design criteria 
 12.26  professional.  Notice of the requests for proposals must be 
 12.27  advertised in the same manner in which bids are solicited under 
 12.28  section 16C.06, subdivision 3, paragraph (a). 
 12.29     (b) Every contractor response seeking preselection must 
 12.30  include: 
 12.31     (1) a construction schedule; 
 12.32     (2) the contractor's qualifications for the project; and 
 12.33     (3) the maximum guaranteed price for completion of the 
 12.34  project, if selected. 
 12.35  Proposals must be sealed and may not be opened until expiration 
 12.36  of the time established for making proposals as set forth in the 
 13.1   request for proposals.  The commissioner may require each 
 13.2   contractor to submit with its proposal a cash deposit, letter of 
 13.3   credit, or bid bond not to exceed five percent of the maximum 
 13.4   cost of the preselection construction contract, as established 
 13.5   by the contractor.  If the proposal is accepted but the 
 13.6   contractor fails without good cause to execute the contract, the 
 13.7   deposit or bond is forfeited in an amount not to exceed the 
 13.8   difference between the proposal in question and the next highest 
 13.9   proposal. 
 13.10     (c) The commissioner shall accept the proposal that best 
 13.11  meets the weighted evaluation criteria set forth in the request 
 13.12  for proposal.  Selection according to this method may result in 
 13.13  an award not being made to the lowest cost proposal.  The 
 13.14  perceived benefits of the higher priced proposal must merit the 
 13.15  additional cost, and the rationale for such a departure must be 
 13.16  stated at the time of the award.  The commissioner shall 
 13.17  evaluate contractor's experience, technical competence, 
 13.18  capability to perform, the past performance of the contractor, 
 13.19  and other appropriate facts submitted by the contractor in 
 13.20  response to the request for proposals.  The board may require 
 13.21  clarification or further information from contractors to ensure 
 13.22  conformance of proposals with the preliminary or schematic 
 13.23  design set forth in the request for proposals.  If the project 
 13.24  is within the capitol area, the capitol area architectural and 
 13.25  planning board shall participate in the evaluation processes. 
 13.26     Subd. 11.  [EXPIRATION.] This section expires August 1, 
 13.27  2004. 
 13.28     Sec. 6.  [EFFECTIVE DATE.] 
 13.29     Sections 1 to 5 are effective the day following final 
 13.30  enactment.