Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 77-H.F.No. 830 An act relating to state energy contracts; imposing additional requirements on bidders for state energy efficiency installment purchase contracts; amending Minnesota Statutes 1986, section 16B.16, subdivision 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 16B.16, subdivision 1, is amended to read: Subdivision 1. (a) The commissionershallmay contract to purchase by installment payments capital or other equipment or services intended to improve the energy efficiency of a state building or facility if: (1) the term of the contract does not exceed ten years; (2) the entire cost of the contract is a percentage of the resultant savings in energy costs; (3) the contract for purchase is competitive;and(4) the commissioner has determined that the contract bidder is a responsible bidder under rules adopted by the commissioner, has adequately performed all previous contracts with the state, and has either established a record of promptly paying all its suppliers and subcontractors or has made secure provisions for doing so in connection with the current contract for goods delivered and services rendered; (5) the contract bidder can finance or obtain financing for the performance of the contract without state assistance or guarantee; and (6) the state may unilaterally cancel the agreement if the legislature fails to appropriate funds to continue the contract or if the contractor at any time during the term of the contract fails to provide or maintain the equipment to provide the services, or otherwise to meet specifications for performance. The commissioner may spend money appropriated for energy costs in payment of a contract under this section. (b) For purposes of clause (a), "contract bidder" means a sole proprietorship, firm, corporation, or other business entity submitting a bid or, if the entity submitting the bid is a new enterprise, a person having a ten percent or greater financial interest in the entity who has or has had a ten percent or greater financial interest in any other entity that has entered into past contracts with the state or other purchasers. Approved May 11, 1987
Official Publication of the State of Minnesota
Revisor of Statutes