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Minnesota Legislature

Office of the Revisor of Statutes

13.591 BUSINESS DATA.
    Subdivision 1. Not public data when benefit requested. The following data, that are
submitted to a government entity by a business requesting financial assistance or a benefit
financed by public funds, are private or nonpublic data: financial information about the business,
including credit reports; financial statements; net worth calculations; business plans; income and
expense projections; balance sheets; customer lists; income tax returns; and design, market, and
feasibility studies not paid for with public funds.
    Subd. 2. Public data when benefit received. Data submitted to a government entity under
subdivision 1 become public when public financial assistance is provided or the business receives
a benefit from the government entity, except that the following data remain private or nonpublic:
business plans; income and expense projections not related to the financial assistance provided;
customer lists; income tax returns; and design, market, and feasibility studies not paid for with
public funds.
    Subd. 3. Business as vendor. (a) Data submitted by a business to a government entity in
response to a request for bids as defined in section 16C.02, subdivision 11, are private or nonpublic
until the bids are opened. Once the bids are opened, the name of the bidder and the dollar amount
specified in the response are read and become public. All other data in a bidder's response to a
bid are private or nonpublic data until completion of the selection process. For purposes of this
section, "completion of the selection process" means that the government entity has completed its
evaluation and has ranked the responses. After a government entity has completed the selection
process, all remaining data submitted by all bidders are public with the exception of trade secret
data as defined and classified in section 13.37. A statement by a bidder that submitted data are
copyrighted or otherwise protected does not prevent public access to the data contained in the bid.
If all responses to a request for bids are rejected prior to completion of the selection process,
all data, other than that made public at the bid opening, remain private or nonpublic until a
resolicitation of bids results in completion of the selection process or a determination is made to
abandon the purchase. If the rejection occurs after the completion of the selection process, the
data remain public. If a resolicitation of bids does not occur within one year of the bid opening
date, the remaining data become public.
(b) Data submitted by a business to a government entity in response to a request for proposal,
as defined in section 16C.02, subdivision 12, are private or nonpublic until the responses are
opened. Once the responses are opened, the name of the responder is read and becomes public. All
other data in a responder's response to a request for proposal are private or nonpublic data until
completion of the evaluation process. For purposes of this section, "completion of the evaluation
process" means that the government entity has completed negotiating the contract with the
selected vendor. After a government entity has completed the evaluation process, all remaining
data submitted by all responders are public with the exception of trade secret data as defined and
classified in section 13.37. A statement by a responder that submitted data are copyrighted or
otherwise protected does not prevent public access to the data contained in the response.
If all responses to a request for proposal are rejected prior to completion of the evaluation
process, all data, other than that made public at the response opening, remain private or nonpublic
until a resolicitation of the requests for proposal results in completion of the evaluation process
or a determination is made to abandon the purchase. If the rejection occurs after the completion
of the evaluation process, the data remain public. If a resolicitation of proposals does not occur
within one year of the proposal opening date, the remaining data become public.
    Subd. 4. Classification of evaluative data; data sharing. (a) Data created or maintained by
a government entity as part of the selection or evaluation process referred to in this section are
protected nonpublic data until completion of the selection process or completion of the evaluation
process at which time the data are public with the exception of trade secret data as defined and
classified in section 13.37.
    (b) If a government entity asks employees of other government entities to assist with the
selection of the responses to a request for bid or the evaluation of responses to a request for
proposal, the government entity may share not public data in the responses with those employees.
The employees participating in the selection or evaluation may not further disseminate the not
public data they review.
    Subd. 5. Internal competitive response. (a) For purposes of this subdivision, "internal
competitive response" means a bid or proposal to provide government goods or services that is
prepared by the staff of a government entity in competition with bids or proposals solicited
by (1) the same government entity from the private sector or (2) a different government entity
from the private sector.
(b) Data in an internal competitive response is classified as private or nonpublic until
completion of the selection process or completion of the evaluation process at which time the data
are public with the exception of trade secret data as defined and classified in section 13.37.
History: 2001 c 202 s 7; 2005 c 163 s 41,42; 2007 c 129 s 38