2006 Minnesota Statutes

16C.06 ACQUISITIONS.
    Subdivision 1. Publication requirements. Notices of solicitations for acquisitions estimated
to be more than $25,000, or $100,000 in the case of a Department of Transportation acquisition,
must be publicized in a manner designated by the commissioner. To the extent practical, this must
include posting on a state Web site.
    Subd. 2. Solicitation process. (a) A formal solicitation must be used to acquire all goods,
service contracts, and utilities estimated at or more than $50,000, or in the case of a Department
of Transportation solicitation, at or more than $100,000, unless otherwise provided for. All formal
responses must be sealed when they are received and must be opened in public at the hour stated
in the solicitation. Formal responses must be authenticated by the responder in a manner specified
by the commissioner.
(b) An informal solicitation may be used to acquire all goods, service contracts, and
utilities that are estimated at less than $50,000, or in the case of a Department of Transportation
solicitation, at or less than $100,000. The number of vendors required to receive solicitations may
be determined by the commissioner. Informal responses must be authenticated by the responder
in a manner specified by the commissioner.
    Subd. 3.[Repealed, 2001 c 202 s 21]
    Subd. 3a. Information in bids and proposals. Data relating to bids and proposals are
governed by section 13.591.
    Subd. 4. Multiple awards. The commissioner may award a contract to more than one vendor
if, in the opinion of the commissioner, it is in the best interest of the state.
    Subd. 5. State as responder. The head of an agency, in consultation with the requesting
agency and the commissioner, may respond to a solicitation or request if the goods and services
meet the needs of the requesting agency and provide the state with the best value. When an
agency responds to a solicitation, all work product relating to the response is classified by section
13.591, subdivision 4.
    Subd. 6. Awards. Awards must be based on best value, which includes an evaluation of price,
and may include other considerations including, but not limited to, environmental considerations,
quality, and vendor performance. If criteria other than price are used, the solicitation document
must state the relative importance of price and other factors.
    Subd. 7. Other states with resident preference. Acquisition of goods and services must
be awarded according to the provisions of this chapter except that a resident vendor shall be
allowed a preference over a nonresident vendor from a state that gives or requires a preference
to vendors from that state. The preference shall be equal to the preference given or required by
the state of the nonresident vendor.
    Subd. 8. Federally funded projects exempt. Subdivision 7 does not apply to a contract for
any project in which federal funds are expended.
    Subd. 9. Rejection. At the discretion of the commissioner, any or all responses may be
rejected if it is determined to be in the best interest of the state.
    Subd. 10. Preferences not cumulative. The preferences provided for under subdivision 7
and sections 16B.121 and 16C.16 are not cumulative. The total percentage of preference granted
on a contract may not exceed the highest percentage of preference allowed for that contract under
any one of these statutory sections.
History: 1998 c 386 art 1 s 7; 1Sp2001 c 8 art 2 s 11,12; 1Sp2001 c 10 art 2 s 39,40;
1Sp2003 c 1 art 2 s 50; 1Sp2003 c 8 art 2 s 13,20; 2005 c 163 s 51