(a) Before entering into or approving a general service contract valued in excess of $5,000, the commissioner must determine that:
(1) no current state employee is able and available to perform the services called for by the contract;
(2) the work to be performed under the contract is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract;
(3) the contract will not establish an employment relationship between the state or the agency and any persons performing under the contract;
(4) the contractor and agents are not employees of the state; and
(5) the contracting agency has specified a satisfactory method of evaluating and using the results of the work to be performed.
(b) For purposes of paragraph (a), clause (1), employees are available if qualified and:
(1) are already doing the work in question; or
(2) are on layoff status in classes that can do the work in question.
An employee is not available if the employee is doing other work, is retired, or has decided not to do the work in question.
(c) This section does not apply to an agency's use of inmates pursuant to sections 241.20 to 241.23 or to an agency's use of persons required by a court to provide:
(1) community service; or
(2) conservation or maintenance services on lands under the jurisdiction and control of the state.
1998 c 386 art 1 s 10; 1999 c 230 s 2; 2005 c 136 art 13 s 1; 2013 c 142 art 3 s 18; 2014 c 196 art 2 s 8
Structure Minnesota Statutes
Chapters 16A - 16E — Administration And Finance
Chapter 16C — State Procurement
Section 16C.001 — Commissioner's Authority; Scope.
Section 16C.03 — Commissioner's Authority; Powers And Duties.
Section 16C.04 — Ethical Practices And Conflict Of Interest.
Section 16C.045 — Reporting Of Violations.
Section 16C.05 — Contract Management; Validity And Review.
Section 16C.051 — Contracts With Russia Or Belarus.
Section 16C.053 — Contracts With Vendors Who Discriminate Against Israel Prohibited.
Section 16C.054 — Accommodation For Hard-of-hearing In State-funded Capital Projects.
Section 16C.055 — Barter Arrangements Limited.
Section 16C.06 — Procurement Requirements.
Section 16C.071 — Exception For Federal Contracts.
Section 16C.072 — Contracts For Tax-related Activities.
Section 16C.0725 — Purchase Of Recycled, Repairable, And Durable Materials.
Section 16C.073 — Purchase And Use Of Paper Stock; Printing.
Section 16C.074 — Consideration Of Environmental Impacts Of Metal Recycling Facilities.
Section 16C.08 — Professional Or Technical Services.
Section 16C.086 — Call Center.
Section 16C.087 — Selection Of Certain Professional Service Contractors.
Section 16C.09 — Procedure For General Service Contracts.
Section 16C.10 — Exceptions Authorized.
Section 16C.105 — Cooperatives Authorized.
Section 16C.11 — Cooperative Purchasing Venture; Revolving Fund.
Section 16C.12 — Agricultural Food Products Grown In State.
Section 16C.13 — Certain Vehicles.
Section 16C.135 — Purchases Of Fuel And Vehicles By State Agencies.
Section 16C.137 — Minimizing Energy Use; Renewable Fuels.
Section 16C.138 — State Purchasing Of Electric And Plug-in Hybrid Electric Vehicles.
Section 16C.14 — Energy Efficiency Installment Purchases.
Section 16C.143 — Energy Forward Pricing Mechanisms.
Section 16C.144 — Guaranteed Energy-savings Program.
Section 16C.145 — Nonvisual Technology Access Standards.
Section 16C.147 — Document Imaging; Use Of Persons With Developmental Disabilities.
Section 16C.15 — Rehabilitation Facilities And Extended Employment Providers.
Section 16C.151 — Purchases From Corrections Industries.
Section 16C.155 — Janitorial Contracts; Rehabilitation Programs And Extended Employment Providers.
Section 16C.16 — Designation Of Procurements From Small Businesses.
Section 16C.17 — Encouragement Of Participation.
Section 16C.19 — Eligibility; Rules.
Section 16C.20 — Certification.
Section 16C.21 — Criminal Penalty.
Section 16C.25 — Building And Construction Contracts.
Section 16C.251 — Best And Final Offer.
Section 16C.26 — Competitive Bids Or Proposals.
Section 16C.28 — Contracts; Award.
Section 16C.281 — Original Jurisdiction Of Public Procurement Actions.
Section 16C.285 — Responsible Contractor Requirement Defined.
Section 16C.29 — Contract Management And Review.
Section 16C.32 — Design-build Contracts, Definitions.
Section 16C.33 — Design-build.
Section 16C.34 — Construction Manager At Risk.
Section 16C.35 — Job Order Contracting.
Section 16C.36 — Reorganization Services Under Master Contract.