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SF 3853

as introduced - 90th Legislature (2017 - 2018) Posted on 03/29/2018 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to government contracting; modifying best value contract requirements;
amending Minnesota Statutes 2016, section 16C.28, subdivision 1b.

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

Section 1.

Minnesota Statutes 2016, section 16C.28, subdivision 1b, is amended to read:


Subd. 1b.

Best value; definition.

For the purposes of construction, building, alteration,
improvement, or repair services, "best value" describes the result determined by a
procurement method that considers deleted text begin price and otherdeleted text end new text begin objectivenew text end criteriadeleted text begin , which may include,
but are not limited todeleted text end new text begin which have been communicated to the bidders in the solicitation
document and assigned a weight consistent with all of the followingnew text end :

deleted text begin (1) the quality of the vendor's or contractor's performance on previous projects;
 deleted text end

deleted text begin (2) the timeliness of the vendor's or contractor's performance on previous projects;
 deleted text end

deleted text begin (3) the level of customer satisfaction with the vendor's or contractor's performance on
previous projects;
 deleted text end

deleted text begin (4) the vendor's or contractor's record of performing previous projects on budget and
ability to minimize cost overruns;
 deleted text end

deleted text begin (5) the vendor's or contractor's ability to minimize change orders;
 deleted text end

deleted text begin (6) the vendor's or contractor's ability to prepare appropriate project plans;
 deleted text end

deleted text begin (7) the vendor's or contractor's technical capabilities;
 deleted text end

deleted text begin (8) the individual qualifications of the contractor's key personnel; or
 deleted text end

deleted text begin (9) the vendor's or contractor's ability to assess and minimize risks.
 deleted text end

deleted text begin "Performance on previous projects" does not include the exercise or assertion of a person's
legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, and 16C.35.
 deleted text end

new text begin (1) price, which must be at least 85 percent of the total weight assigned;
 new text end

new text begin (2) schedule;
 new text end

new text begin (3) risk mitigation plans;
 new text end

new text begin (4) cost savings;
 new text end

new text begin (5) construction means and methods;
 new text end

new text begin (6) technical qualifications;
 new text end

new text begin (7) key personnel;
 new text end

new text begin (8) quality control;
 new text end

new text begin (9) safety programs;
 new text end

new text begin (10) financial capability;
 new text end

new text begin (11) past performance;
 new text end

new text begin (12) quality of prior projects; and
 new text end

new text begin (13) other criteria the commissioner determines by rule. This criteria may not include
union or nonunion status, change order history, assertion of legal or contract rights, customer
satisfaction, geographic benefit, public relations, or contractor's inventory of construction
equipment.
 new text end