SF 2644

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to capital intensive public services; 
  1.3             providing that certain documents may be classified as 
  1.4             nonpublic data until negotiations with vendors and 
  1.5             best and final offers are received; amending Minnesota 
  1.6             Statutes 1996, section 13.99, by adding a subdivision; 
  1.7             and Minnesota Statutes 1997 Supplement, section 
  1.8             471A.03, subdivision 3.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 13.99, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 97b.  [CAPITAL INTENSIVE PUBLIC SERVICE PROPOSALS AND 
  1.13  NEGOTIATION DOCUMENTS.] Proposals received from vendors, and all 
  1.14  government data received from vendors or generated by a 
  1.15  municipality relating to negotiations with vendors, for capital 
  1.16  intensive public services are classified under section 471A.03, 
  1.17  subdivision 3.  
  1.18     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.19  471A.03, subdivision 3, is amended to read: 
  1.20     Subd. 3.  [PROCUREMENT PROCEDURES.] The municipality may 
  1.21  agree under the service contract that the private vendor will 
  1.22  acquire, construct, alter, repair, or maintain any and all 
  1.23  related facilities without compliance with any competitive 
  1.24  bidding requirements.  The municipality may enter into the 
  1.25  service contract only after requesting from two or more private 
  1.26  vendors proposals for the furnishing of the capital intensive 
  1.27  public services under terms and conditions the municipality 
  2.1   determines to be fair and reasonable.  After making the request 
  2.2   and receiving any proposals in response to the request, the 
  2.3   municipality may negotiate the service contract with any private 
  2.4   vendor that responds to the request for proposals.  The 
  2.5   municipality, at its discretion, may classify all or portions of 
  2.6   any (1) proposals received from vendors, and (2) government data 
  2.7   received from vendors or generated by the municipality relating 
  2.8   to negotiations with the vendors, as nonpublic data under 
  2.9   section 13.02, subdivision 9, or as protected nonpublic data 
  2.10  under section 13.02, subdivision 13, until completion of 
  2.11  negotiations with all the vendors and, if the municipality 
  2.12  solicits a best and final offer from one or more vendors, until 
  2.13  the offers are received from all vendors who are requested to 
  2.14  submit such an offer.  
  2.15     Sec. 3.  [EFFECTIVE DATE.] 
  2.16     Sections 1 and 2 are effective the day after their final 
  2.17  enactment.