SF 3148

as introduced - 89th Legislature (2015 - 2016) Posted on 04/01/2016 09:13am

A bill for an act
relating to local government; authorizing Hennepin County to use job order
contracting for certain construction projects; amending Minnesota Statutes
2014, section 383B.142; proposing coding for new law in Minnesota Statutes,
chapter 383B.

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

Section 1.

Minnesota Statutes 2014, section 383B.142, is amended to read:

383B.142 PROCEDURE.

Subdivision 1.

Delegation of authority.

The county board may by resolution
delegate the powers and duties enumerated in sections 383B.141 to 383B.151 383B.1511,
and those powers and duties necessary to the implementation of the purposes of central
purchasing specifying the nature, scope and extent of the delegation. The authority and
responsibility subject to delegation shall include, but not be limited to the following:

(a) purchasing and contracting for all goods, materials, supplies, equipment and
contracted services, as provided in section 383B.143;

(b) preparation, review, modification and approval of all plans and specifications for
goods, materials, supplies, equipment and contracted services;

(c) the transfer of any goods, materials, supplies, equipment or contracted services to
or between departments, boards, commissions and agencies;

(d) selling or otherwise disposing of goods, materials, supplies, equipment and
contracted services which are unusable or no longer required; and

(e) periodically reviewing and requiring department heads to supply necessary data
concerning inventories and surpluses and monitoring compliance by department heads
with purchasing laws, rules, regulations and procedures.

Subd. 2.

Administrator's duties.

Notwithstanding the provisions of section
373.02, the county board may delegate its purchasing powers and duties to the county
administrator. The county administrator, wherever referred to in sections 383B.141 to
383B.151 383B.1511, may designate and delegate a purchasing manager or other person
to perform the tasks empowered or assigned to the county administrator. Any purchase in
excess of $3,500 shall require the signature of the county administrator or designee.

Sec. 2.

[383B.1511] JOB ORDER CONTRACTING.

Subdivision 1.

Definitions.

(a) In this section, the definitions in this subdivision
apply.

(b) "Job order contracting" means a project delivery method that requests a limited
number of bids from a list of qualified contractors, selected from a registry of qualified
contractors who have been prescreened and who have entered into master contracts with
the county, as provided in this section.

(c) "Project" means an undertaking by the county to construct, alter, maintain, repair,
or enlarge a building, structure, road, or bridge, or make other improvements.

(d) "Request for qualifications" means the document or publication soliciting
qualifications for a job order contracting contract.

Subd. 2.

Authority.

Notwithstanding any law to the contrary, the county may utilize
job order contracting for projects that do not exceed a construction cost of $250,000.

Subd. 3.

Job order contracting request for qualifications.

(a) The county is
authorized to issue a request for qualifications that includes the criteria that will be used for
the projects, provided that these criteria (1) do not unduly restrict competition or impose
conditions beyond reasonable requirements, in order to ensure maximum participation of
all qualified contractors, and (2) do not relate to the collective bargaining status of the
contractor. Notwithstanding anything in this section to the contrary, the county may include
criteria that advance the county's policy in support of including certified small business
enterprises in county contracts, and other county policies applicable to county purchases.

(b) The request for qualifications must be publicized in a manner designated by the
county that ensures open and unrestricted access for any potential responder. To the extent
practical, this must include posting on a county Web site.

Subd. 4.

Qualified contractors.

(a) The county shall review the responses to the
request for qualifications and determine each proposer's ability to enter into the master
contract that will be utilized for the projects. The county shall establish a list of qualified
contractors based on the proposers' ability to enter into a master contract as described
in the request for qualifications.

(b) The county may establish a reasonable limit to the number of contractors on the
registry of qualified contractors, based on the reasonable needs of the county.

(c) The county shall establish procedures to allow firms to submit qualifications at
least every three years to allow placement on the list of contractors qualified to enter into
a master contract.

Subd. 5.

Construction services bidding.

The county shall request bids for
construction services for any project using job order contracting from qualified contractors
as follows:

(1) for projects up to a maximum cost of $50,000, the county shall request a
minimum of two bids;

(2) for projects with a cost greater than $50,000, but less than or equal to $100,000,
the county shall request a minimum of three bids; and

(3) for projects with a cost greater than $100,000, but less than or equal to $250,000,
the county shall request a minimum of four bids.

Subd. 6.

Qualified contractor selection.

The county shall select the contractor who
submits the lowest price bid for the construction services proposed.

Subd. 7.

Reasonable distribution of bid requests among qualified contractors.

The county, in requesting bidding for projects using job order contracting as described in
this section, shall develop a system to ensure a reasonable opportunity for all qualified
contractors to periodically bid on construction services.