383B.1585 STIPULATED FEE.
The county board, depending on the project's complexity and scope and at the board's
discretion for each project, may determine that a stipulated fee be paid to each short-listed
responsible proposer who provides a responsive but unsuccessful proposal. If a stipulated fee
is to be paid, it must be clearly identified in the RFQ or RFP. If the county board does not
award a contract, all short-listed proposers must receive the stipulated fee. If the county board
cancels the contract before reviewing the technical proposals, the county board shall award each
design-builder on the short list a stipulated minimum fee as set out in the RFP. The county board
shall pay the stipulated fee to each proposer within 90 days after the award of the contract or
the decision not to award a contract. In consideration for paying the stipulated fee, the county
board may use any ideas or information contained in the proposals in connection with any
contract awarded for the project or in connection with a subsequent procurement, without any
obligation to pay any additional compensation to the unsuccessful proposers. Notwithstanding
the other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the
county may not use ideas and information contained in that proposer's proposal. Upon the request
of the county, a proposer who waived a stipulated fee may withdraw the waiver, in which case
the county board shall pay the stipulated fee to the proposer and thereafter may use ideas and
information in the proposer's proposal.
History: 2002 c 393 s 62
for expiration date.