Minnesota Session Laws - 2010, Regular Session

CHAPTER 273--H.F.No. 3286

An act

relating to metropolitan government; authorizing Metropolitan Council best value contracts and procurement for transit vehicles;

amending Minnesota Statutes 2008, section 473.129, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 473.129, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Best value procurement alternative. new text end

new text begin (a) Notwithstanding the provisions of section 471.345, the council may award a contract for the purchase of transit vehicles to the vendor or contractor offering the best value under a request for proposals. For the purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to provide transit and special transportation service pursuant to sections 473.371 to 473.449. new text end

new text begin (b) For the purposes of this subdivision, "best value" describes a result intended in the acquisition of goods and services described in paragraph (a). Price must be one of the evaluation criteria when acquiring such goods and services. Other evaluation criteria may include, but are not limited to, environmental considerations, quality, and vendor or contractor 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. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, and applies retroactively from September 1, 2009, to eligible procurement in which the Metropolitan Council has issued a request for proposals that complies with this section and the deadline for a vendor or contractor to submit a best and final offer is after the day following final enactment. new text end

Sec. 2.

new text begin APPLICATION. new text end

new text begin Section 1 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. new text end

Presented to the governor April 22, 2010

Signed by the governor April 26, 2010, 5:07 p.m.