16C.35 JOB ORDER CONTRACTING.
Subdivision 1. Authority.
The commissioner may undertake construction utilizing job order
contracting for projects that do not exceed a construction cost of $250,000.
Subd. 2. Job order contracting request for qualifications.
(a) The commissioner is
authorized to issue a request for qualifications that includes the criteria that will be used for the
projects, provided that these criteria do not unduly restrict competition, nor impose conditions
beyond reasonable requirements to ensure maximum participation of all qualified contractors, and
does not relate to the collective bargaining status of the contractor.
(b) The request for qualifications must be publicized in a manner designated by the
commissioner that ensures open and unrestricted access for any potential responder. To the extent
practical, this must include posting on a state Web site. To the extent practical, the commissioner
must give notice to representatives of targeted group businesses designated under section
Subd. 3. Qualified contractors.
(a) The commissioner shall review the responses to the
request for qualifications and determine responder's ability to enter into the master contract that
will be utilized for the projects. The commissioner shall establish a list of qualified contractors
based on the proposers' ability to enter into a master contract as described in the request for
(b) The commissioner shall enter into master contracts with all qualified contractors.
(c) The commissioner shall establish procedures to allow firms to submit qualifications at
least annually to allow placement on the list of contractors qualified to enter into a master contract.
Subd. 4. Construction services bidding.
The commissioner shall request bids for
construction services for any project using job order contracting from qualified contractors as
(1) for construction projects up to a maximum cost of $50,000, the commissioner shall
request a minimum of two bids;
(2) for construction projects with a cost greater than $50,000, but less than or equal to
$100,000, the commissioner shall request a minimum of three bids;
(3) for construction projects with a cost greater than $100,000 but less than or equal to
$250,000, the commissioner shall request a minimum of four bids.
Subd. 5. Qualified contractor selection.
The commissioner shall select the contractor who
submits the lowest price bid for the construction services proposed.
Subd. 6. Reasonable distribution of bid requests among qualified contractors.
commissioner 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
bid on construction services on a periodic basis.
History: 2005 c 78 s 9