SF 2773

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:21am

A bill for an act
relating to state government; changing a provision for state procurement;
amending Minnesota Statutes 2012, section 16C.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 16C.03, subdivision 3, is amended to read:

Subd. 3.

Acquisition authority.

The commissioner shall acquire all goods, services,
and utilities needed by agencies. The commissioner shall acquire goods, services, and
utilities by requests for bids, requests for proposals, reverse auctions as provided in
section 16C.10, subdivision 7, or other methods provided by law, unless a section of law
requires a particular method of acquisition to be used. The commissioner shall make all
decisions regarding acquisition activities. The determination of the acquisition method
and all decisions involved in the acquisition process, unless otherwise provided for by law,
shall be based on best value which includes an evaluation of price and may include other
considerations including, but not limited to, environmental considerations, quality, and
vendor performance. A best value determination must be based on the evaluation criteria
detailed in the solicitation document. If criteria other than price are used, the solicitation
document must state the relative importance of price and other factors. Any or all responses
may be rejected. When using the request for bid process, the bid must be awarded to the
lowest responsive and responsible bidder, taking into consideration conformity with the
specifications, terms of delivery, the purpose for which the contract or purchase is intended,
the status and capability of the vendor, and other considerations imposed in the request
for bids. new text begin When determining whether the lowest bidder is responsive and responsible, the
commissioner must consider the quality and timeliness of the bidder's past work and
whether the bidder has not always complied with all laws, rules, and goals of the state,
including but not limited to failure to pay employees all they are due and on time, including
benefits, payroll tax, unemployment compensation, workers' compensation, payroll
records, OSHA violations, taxes, prevailing wages, targeted group businesses and diverse
business enterprises, apprenticeship programs, causing work stoppages or causing delays
or disturbances by failure to pay subcontractors on time, and laws relating to independent
contractors. The commissioner shall keep records for five years showing the considerations
made regarding the determination of whether the bidder is responsive and responsible,
including why a bidder is awarded the bid if they have violations. new text end The commissioner may
decide which is the lowest responsible bidder for all purchases and may use the principles
of life-cycle costing, where appropriate, in determining the lowest overall bid. The duties
set forth in this subdivision are subject to delegation pursuant to this section.