(a) A small business wishing to participate in the programs under section 16C.16, subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt by rule standards and procedures for certifying that small targeted group businesses, small businesses located in economically disadvantaged areas, and veteran-owned small businesses are eligible to participate under the requirements of sections 16C.16 to 16C.21. The commissioner shall adopt by rule standards and procedures for hearing appeals and grievances and other rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.
(b) The commissioner may make rules which exclude or limit the participation of nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21.
(c) The commissioner may make rules that set time limits and other eligibility limits on business participation in programs under sections 16C.16 to 16C.21.
(d) Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if:
(1) it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74; or
(2) the veteran-owned small business supplies the commissioner with proof that the small business is majority-owned and operated by:
(i) a veteran as defined in section 197.447; or
(ii) a veteran with a service-connected disability, as determined at any time by the United States Department of Veterans Affairs.
(e) Until rules are adopted pursuant to paragraph (a) for the purpose of certifying veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may be read to include veteran-owned small businesses. In addition to the documentation required in Minnesota Rules, part 1230.1700, the veteran owner must have been discharged under honorable conditions from active service, as indicated by the veteran owner's most current United States Department of Defense form DD-214.
(f) Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a minority- or woman-owned small business, the principal place of business of which is in Minnesota, is certified if it has been certified by the Minnesota unified certification program under the provisions of Code of Federal Regulations, title 49, part 26.
(g) The commissioner may adopt rules to implement the programs under section 16C.16, subdivisions 4 to 7, using the expedited rulemaking process in section 14.389.
1998 c 386 art 1 s 20; 2009 c 94 art 3 s 4; 2009 c 101 art 2 s 57,110; 2010 c 333 art 2 s 4; 2014 c 312 art 4 s 8; 2015 c 77 art 2 s 16
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.