Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 100-S.F.No. 1064 
                  An act relating to public contracts; specifying 
                  procedures to be followed for certain professional 
                  service contracts; proposing coding for new law in 
                  Minnesota Statutes, chapter 16C. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [16C.095] [SELECTION OF CERTAIN PROFESSIONAL 
        SERVICE CONTRACTORS.] 
           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 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.  This section does not apply to an 
        agency contract that is subject to section 16B.33. 
           Subd. 2.  [QUALIFICATION-BASED SELECTION.] Notwithstanding 
        section 16C.06, subdivision 6, an agency must rank contractors 
        described in subdivision 1 on the basis of qualifications, as 
        described in subdivision 3, for the type of professional service 
        required.  An agency may solicit pricing information from a 
        single responder at a time in rank order, commencing with the 
        highest ranked contractor, to determine contractor compensation 
        only after the agency has ranked prospective contractors based 
        on the factors the agency specifies in accordance with 
        subdivisions 3 and 4. 
           Subd. 3.  [PROCEDURES.] Subject to subdivision 2, 
        procedures for screening and selection of contractors are within 
        the sole discretion of the agency and must be approved by the 
        commissioner when the agency seeks approval to use this 
        alternative.  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. 
           Subd. 4.  [SELECTION.] (a) The agency shall rank 
        prospective contractors based on the factors approved by the 
        commissioner, which the agency must specify in the request for 
        proposal, in accordance with this section.  The agency and the 
        highest ranked contractor shall mutually discuss and refine the 
        scope of services for the project and shall negotiate 
        conditions, including but not limited to compensation and 
        performance schedule, based on the scope of the services.  The 
        compensation level paid must be reasonable and fair to the 
        agency, as determined solely by the agency. 
           (b) If the agency and the highest ranked contractor are 
        unable for any reason to negotiate a contract at a compensation 
        level that is reasonable and fair to the agency, the agency 
        shall, either orally or in writing, terminate negotiations with 
        this contractor.  The agency may then negotiate with the next 
        highest ranked contractor, as provided in this subdivision.  The 
        negotiation process may continue through successive contractors, 
        according to agency ranking, until an agreement is reached or 
        the agency terminates the contracting process. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective July 1, 2001, and applies to 
        contracts for which a request for bids or a request for 
        proposals is issued after that date. 
           Presented to the governor May 11, 2001 
           Signed by the governor May 15, 2001, 2:04 p.m.