Subdivision 1. Definitions.
For purposes of this section, the following terms have the
meanings given them.
(a) "Completion of the evaluation process" means that the granting agency has completed
negotiating the grant agreement with the selected grantee.
(b) "Grant agreement" has the meaning given in section
16B.97, subdivision 1
(c) "Grantee" means a person that applies for or receives a grant.
(d) "Granting agency" means the state agency that provides the grant.
(e) "Opened" means the act that occurs once the deadline for submitting a response to a
proposal to the granting agency has been reached.
(f) "Request for proposal" means the data outlining the responsibilities the granting agency
wants the grantee to assume.
(g) "Response" means the data submitted by a grantee as required by a request for proposal.
Subd. 2. Request for applications.
Data created by a granting agency to create a request for
proposal is classified as nonpublic until the request for proposal is published. To the extent that a
granting agency involves persons outside the granting agency to create the request for proposal,
the data remain nonpublic in the hands of all persons who may not further disseminate any data
that are created or reviewed as part of the request for proposal development. At publication,
the data in the request for proposal is public.
Subd. 3. Responses to request for proposals.
(a) Responses submitted by a grantee are
private or nonpublic until the responses are opened. Once the responses are opened, the name and
address of the grantee and the amount requested is public. All other data in a response is private or
nonpublic data until completion of the evaluation process. After a granting agency has completed
the evaluation process, all remaining data in the responses is public with the exception of trade
secret data as defined and classified in section
. A statement by a grantee that the response is
copyrighted or otherwise protected does not prevent public access to the response.
(b) If all responses are rejected prior to completion of the evaluation process, all data,
other than that made public at the opening, remain private or nonpublic until a resolicitation of
proposals results in completion of the evaluation process or a determination is made to abandon
the grant. 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 grant opening date,
the remaining data become public.
Subd. 4. Evaluation data.
(a) Data created or maintained by a granting agency as part of
the evaluation process referred to in this section are protected nonpublic data until 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
(b) If a granting agency asks individuals outside the granting agency to assist with the
evaluation of the responses, the granting agency may share not public data in the responses with
those individuals. The individuals participating in the evaluation may not further disseminate the
not public data they review.
History: 2007 c 148 art 2 s 8