2006 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,
including an amendment to or extension of a contract.
    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.
History: 1998 c 386 art 1 s 3; 1Sp2001 c 10 art 2 s 33; 1Sp2003 c 1 art 2 s 45