2003 Minnesota Statutes

  356.89 Repealed, 2002 c 392 art 11 s 53 

*   NOTE:  Subdivision 3 was also amended by Laws 2002, chapter 
*392, article 12, section 1, to read as follows: 

*   "Subd. 3.    Contracting procedures.  (a) The 
*commissioner may enter into a contract for facilities with a 
*contractor to furnish the architectural, engineering, and 
*related services as well as the labor, materials, supplies, 
*equipment, and related construction services on the basis of a 
*request for qualifications and competitive responses received 
*through a request for proposals process that must include the 
*items listed in paragraphs (b) to (i). 

*   (b) Before issuing a request for qualifications and a 
*request for proposals, the commissioner, with the assistance of 
*the boards, shall prepare performance criteria and 
*specifications that include: 

*   (1) a general floor plan or layout indicating the general 
*dimensions of the public building and space requirements; 

*   (2) design criteria for the exterior and site area; 

*   (3) performance specifications for all building systems and 
*components to ensure quality and cost efficiencies; 

*   (4) conceptual floor plans for systems space; 

*   (5) preferred types of interior finishes, styles of 
*windows, lighting and outlets, doors, and features such as 
*built-in counters and telephone wiring; 

*   (6) mechanical and electrical requirements; 

*   (7) special interior features required; and 

*   (8) a completion schedule. 

*   (c) The commissioner shall first solicit statements of 
*qualifications from eligible contractors and select more than 
*one qualified contractor based upon experience, technical 
*competence, past performance, capability to perform, and other 
*appropriate facts.  Contractors selected under this process must 
*be, employ, or have as a partner, member, coventurer, or 
*subcontractor, persons licensed and registered under chapter 326 
*to provide the services required to design and complete the 
*project.  The commissioner does not have to select any of the 
*respondents if none reasonably fulfill the criteria set forth in 
*this paragraph. 

*   (d) The contractors selected shall be asked to respond to a 
*request for proposals.  Responses must include site plans, 
*design concept, elevation, statement of material to be used, 
*floor layouts, a detailed development budget, and a total cost 
*to complete the project.  The proposal must indicate that the 
*contractor obtained at least two proposals from subcontractors 
*for each item of work and must set forth how the subcontractors 
*were selected.  The commissioner, with the assistance of the 
*boards, shall evaluate the proposals based upon design, cost, 
*quality, aesthetics, and the best overall value to the state 
*pension funds.  The commissioner need not select any of the 
*proposals submitted and reserves the right to reject any and all 
*proposals, and may terminate the process or revise the request 
*for proposals and solicit new proposals if the commissioner 
*determines that the best interests of the pension funds would be 
*better served by doing so.  Proposals submitted are nonpublic 
*data until the contract is awarded. 

*   (e) The contractor selected must comply with sections 
*574.26 to 574.261.  Before executing a final contract, the 
*contractor selected shall certify a firm construction price and 
*completion date. 

*   (f) The commissioner may consider building sites in the 
*city of St. Paul and surrounding suburbs. 

*   (g) Any land, building, or facility leased, constructed, or 
*acquired and any leasehold interest acquired under this section 
*must be held by the state in trust for the three retirement 
*systems as tenants in common.  Each retirement system fund must 
*consider its interest as a fixed asset of its pension fund in 
*accordance with governmental accounting standards. 

*   (h) The commissioner may lease to another governmental 
*subdivision, or to a private company under contract with the 
*State Board of Investment or with the board of directors of the 
*Minnesota State Retirement System, whichever applies, to provide 
*deferred compensation services under section 352.96, any portion 
*of the funds' building and lands that is not required for their 
*direct use upon terms and conditions they deem to be in the best 
*interest of the pension funds.  Any income accruing from the 
*rentals must be separately accounted for and utilized to offset 
*ongoing administrative expenses and any excess must be carried 
*forward for future administrative expenses.  The commissioner 
*may also enter into lease agreements for the establishment of 
*satellite offices should the boards find them to be necessary in 
*order to assure their members reasonable access to their 
*services.  The commissioner may lease under section 16B.24 any 
*portion of the facilities not required for the direct use of the 
*boards. 

*   (i) The boards shall formulate and adopt a written working 
*agreement that sets forth the nature of each retirement system's 
*ownership interest, the duties and obligations of each system 
*toward the construction, operation, and maintenance costs of its 
*facilities, and identifies one retirement fund to serve as 
*manager for operating and maintenance purposes.  The boards may 
*contract with independent third parties for maintenance-related 
*activities, services, and supplies, and may use the services of 
*the Department of Administration where economically feasible to 
*do so.  If the boards cannot agree or resolve a dispute about 
*operations or maintenance of the facilities, they may request 
*the commissioner of administration to appoint a representative 
*from the department's real estate management division to serve 
*as arbitrator of the dispute with authority to issue a written 
*resolution of the dispute."