SF 4397

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 10:45am

A bill for an act
relating to state contracting; requiring the use of certain procedures in state agency
contracts involving the professional services of persons regulated by the Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design; amending Minnesota Statutes 2022, section 16C.087,
subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2022, section 16C.087, subdivision 1, is amended to read:

Subdivision 1.

Professional services covered.

This section applies to an agency contract
for professional services of persons regulated by the Board of Architecture, Engineering,
Land Surveying, Landscape Architecture, Geoscience, and Interior Design deleted text begin for which the
agency, with the approval of the commissioner, decides to use procedures under this section.
If the agency, with the approval of the commissioner, decides to use procedures under this
section, it must comply with subdivisions 2, 3, and 4 deleted text end . This section does not apply to an
agency contract that is subject to section 16B.33.

Sec. 2.

Minnesota Statutes 2022, section 16C.087, subdivision 3, is amended to read:

Subd. 3.

Procedures.

Subject to subdivision 2, procedures for screening and selection
of contractors are within the sole discretion of the agency deleted text begin and deleted text end new text begin but new text end must be approved by the
commissioner deleted text begin when the agency seeks approval to use this alternative deleted text end . Procedures may be
adjusted to accommodate the agency's cost, scope, and schedule objectives for a particular
project. Screening and selection procedures may include a consideration of each contractor's:

(1) specialized expertise, capabilities, and technical competence as demonstrated by the
proposed approach and methodology to meet the project requirements;

(2) resources available to perform the work, including any specialized services, within
the specified time limits for the project;

(3) record of past performance, including but not limited to price and cost data from
previous projects, quality of work, ability to meet schedules, cost control, and contract
administration;

(4) ownership status and employment practices regarding women, minorities, and
emerging small businesses or historically underutilized businesses;

(5) availability to the project locale;

(6) familiarity with the project locale;

(7) proposed project management techniques; and

(8) ability and proven history in handling special project constraints.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2025, and apply to solicitations for contracts
issued on or after that date.
new text end