2002 Minnesota Statutes

     16C.06 Acquisitions. 

    Subdivision 1.    Publication requirements.  Notices of 
 solicitations for acquisitions estimated to be more than 
 $25,000, or $100,000 in the case of a department of 
 transportation acquisition, must be publicized in a manner 
 designated by the commissioner. 

    Subd. 2.    Solicitation process.  (a) A formal 
 solicitation must be used to acquire all goods, service 
 contracts, and utilities estimated at or more than $50,000, or 
 in the case of a department of transportation solicitation, at 
 or more than $100,000, unless otherwise provided for.  All 
 formal responses must be sealed when they are received and must 
 be opened in public at the hour stated in the solicitation.  
 Formal responses must be authenticated by the responder in a 
 manner specified by the commissioner.  

    (b) An informal solicitation may be used to acquire all 
 goods, service contracts, and utilities that are estimated at 
 less than $50,000, or in the case of a department of 
 transportation solicitation, at or less than $100,000.  The 
 number of vendors required to receive solicitations may be 
 determined by the commissioner.  Informal responses must be 
 authenticated by the responder in a manner specified by the 
 commissioner. 

    Subd. 3. Repealed, 2001 c 202 s 21 

    Subd. 4.    Multiple awards.  The commissioner may award 
 a contract to more than one vendor if, in the opinion of the 
 commissioner, it is in the best interest of the state. 

    Subd. 5.    State as responder.  The head of an agency, 
 in consultation with the requesting agency and the commissioner, 
 may respond to a solicitation or request if the goods and 
 services meet the needs of the requesting agency and provide the 
 state with the best value.  When an agency responds to a 
 solicitation, all work product relating to the response is 
 nonpublic data as defined in section 13.02, and shall become 
 public information in accordance with subdivision 3. 

    Subd. 6.    Awards.  Awards must be based on best value, 
 which includes an evaluation of price, and may include other 
 considerations including, but not limited to, environmental 
 considerations, quality, and vendor performance.  If criteria 
 other than price are used, the solicitation document must state 
 the relative importance of price and other factors.  

    Subd. 7.    Other states with resident preference.  
 Acquisition of goods and services must be awarded according to 
 the provisions of this chapter except that a resident vendor 
 shall be allowed a preference over a nonresident vendor from a 
 state that gives or requires a preference to vendors from that 
 state.  The preference shall be equal to the preference given or 
 required by the state of the nonresident vendor.  

    Subd. 8.    Federally funded projects exempt.  
 Subdivision 7 does not apply to a contract for any project in 
 which federal funds are expended. 

    Subd. 9.    Rejection.  At the discretion of the 
 commissioner, any or all responses may be rejected if it is 
 determined to be in the best interest of the state. 

    Subd. 10.    Preferences not cumulative.  The 
 preferences provided for under subdivision 7 and sections 
 16B.121 and 16C.16 are not cumulative.  The total percentage of 
 preference granted on a contract may not exceed the highest 
 percentage of preference allowed for that contract under any one 
 of these statutory sections. 

    HIST: 1998 c 386 art 1 s 7; 1Sp2001 c 8 art 2 s 11,12; 1Sp2001 
 c 10 art 2 s 39 

*   NOTE:  Subdivision 3 was also amended by Laws 2001, First 
*Special Session chapter 10, article 2, section 40, to read as 
*follows: 

*   "Subd. 3.    Information in bids and proposals.  (a) 
*Only the name of the vendor and dollar amounts specified in a 
*response to a request for bids shall be read at the time of 
*opening.  Only the name of the responding vendors to all 
*requests for proposals shall be read at the time of opening.  
*All other information contained in a vendor's response to a bid 
*is classified as nonpublic data, as defined in section 13.02, 
*and remains nonpublic data until completion of the selection 
*process.  All other information contained in a vendor's response 
*to a request for proposal, other than the name of the vendor, is 
*classified as nonpublic data, as defined in section 13.02, and 
*remains nonpublic data until the completion of the evaluation 
*process.  

*   (b) All responses are public information at the time of the 
*award unless otherwise provided for.  All responses and 
*documents pertaining to the final award of an acquisition must 
*be retained and made a part of a permanent file or record and 
*remain open to public inspection, after award, unless otherwise 
*provided for by law. 

*   (c) If the commissioner rejects all responses to a 
*solicitation, information in the responses, other than the 
*information made public pursuant to paragraph (a), remains 
*nonpublic data, as defined in section 13.02, until a selection 
*is made based on responses to a resolicitation of bids, the 
*evaluation process is completed based on responses to a 
*resolicitation of a request for proposals, or a determination is 
*made to abandon the purchase."