2002 Minnesota Statutes

     16C.02 Definitions. 

    Subdivision 1.    Applicability.  For purposes of this 
 chapter, the following terms have the meanings given them, 
 unless the context clearly indicates otherwise.  

    Subd. 2.    Agency.  "Agency" means any state officer, 
 employee, board, commission, authority, department, entity, or 
 organization of the executive branch of state government.  

    Unless specifically provided elsewhere in this chapter, 
 agency does not include the Minnesota state colleges and 
 universities. 

    Subd. 3.    Award.  "Award" means a commissioner's 
 written acceptance of a bid or proposal to provide goods, 
 services, or utilities. 

    Subd. 4.    Best value.  "Best value" describes a result 
 intended in the acquisition of all goods and services.  Price 
 must be one of the evaluation criteria when acquiring goods and 
 services.  Other evaluation criteria may include, but are not 
 limited to, environmental considerations, quality, and vendor 
 performance. 

    Subd. 5.    Commissioner.  "Commissioner" means the 
 commissioner of administration. 

    Subd. 6.    Contract.  "Contract" means any written 
 instrument or electronic document containing the elements of 
 offer, acceptance, and consideration to which an agency is a 
 party. 

    Subd. 7.    Formal solicitation.  "Formal solicitation" 
 means a solicitation which requires a sealed response. 

    Subd. 8.    Goods.  "Goods" means all types of personal 
 property including commodities, materials, supplies, and 
 equipment. 

    Subd. 9.    Informal solicitation.  "Informal 
 solicitation" means a solicitation which does not require a 
 sealed response. 

    Subd. 10.    Lease.  "Lease" means a contract conveying 
 from one entity to another the use of real or personal property 
 for a designated period of time in return for payment or other 
 consideration. 

    Subd. 10a.    Organizational conflict of interest.  
 "Organizational conflict of interest" means that because of 
 existing or planned activities or because of relationships with 
 other persons: 

    (1) the vendor is unable or potentially unable to render 
 impartial assistance or advice to the state; 

    (2) the vendor's objectivity in performing the contract 
 work is or might be otherwise impaired; or 

    (3) the vendor has an unfair advantage. 

    Subd. 11.    Request for bid or RFB.  "Request for bid" 
 or "RFB" means a solicitation in which the terms, conditions, 
 and specifications are described and responses are not subject 
 to negotiation. 

    Subd. 12.    Request for proposal or RFP.  "Request for 
 proposal" or "RFP" means a solicitation in which it is not 
 advantageous to set forth all the actual, detailed requirements 
 at the time of solicitation and responses are subject to 
 negotiation. 

    Subd. 13.    Resident vendor.  "Resident vendor" means a 
 person, firm, or corporation authorized to conduct business in 
 the state of Minnesota on the date a solicitation for a contract 
 is first advertised or announced.  It includes a foreign 
 corporation duly authorized to engage in business in Minnesota.  

    Subd. 14.    Response.  "Response" means the offer 
 received from a vendor in response to a solicitation.  A 
 response includes submissions commonly referred to as "offers," 
 "bids," "quotes," or "proposals." 

    Subd. 15.    Sealed.  "Sealed" means a method determined 
 by the commissioner to prevent the contents being revealed or 
 known before the deadline for submission of responses. 

    Subd. 16.    Service contract.  "Service contract" means 
 a contract for any nonprofessional or technical services. 

    Subd. 17.    Services.  "Services" means, unless 
 otherwise indicated, both professional or technical services and 
 service performed under a service contract. 

    Subd. 18.    Single source.  "Single source" means an 
 acquisition where, after a search, only one supplier is 
 determined to be reasonably available for the required product, 
 service, or construction item. 

    Subd. 19.    Solicitation.  "Solicitation" means the 
 process used to communicate procurement requirements and to 
 request responses from interested vendors.  A solicitation may 
 be, but is not limited to, a request for bid and request for 
 proposal. 

    HIST: 1998 c 386 art 1 s 3; 1Sp2001 c 10 art 2 s 33