Subdivision 1. Application. Except as otherwise provided by section 16C.10 and this section, all contracts for building and construction or repairs must be based on competitive bids or proposals. "Competitive proposals" specifically refers to the method of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 2. Requirement contracts. Standard requirement price contracts for building and construction must be established by competitive bids as provided in subdivision 1. The standard requirement price contracts may contain escalation clauses and may provide for a negotiated price increase or decrease based upon a demonstrable industrywide or regional increase or decrease in the vendor's costs or for the addition of similar products or replacement items not significant to the total value of existing contracts. The term of these contracts may not exceed five years including all extensions.
Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public notice in a manner designated by the commissioner. To the extent practical, this must include posting on a state website. For expenditures over $50,000, when a solicitation is issued, the commissioner shall solicit sealed responses by posting notices at least seven days before the due date and time. All bids over $50,000 must be sealed when they are received and must be opened in public or electronically at the hour stated in the notice. All proposals responsive to a request for proposals according to section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the manner described in the request for proposals, regardless of the dollar amount. All original bids and proposals and all documents pertaining to the award of a contract must be retained and made a part of a permanent file or record and remain open to public inspection.
Subd. 4. Building and construction contracts; $50,000 or less. An informal bid may be used for building, construction, and repair contracts that are estimated at less than $50,000. Informal bids must be authenticated by the bidder in a manner specified by the commissioner. Alternatively, a request for proposals may be issued according to section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
Subd. 5. Standard specifications, security. Contracts must be based on the standard specifications prescribed and enforced by the commissioner under this chapter, unless otherwise expressly provided or as authorized under section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Each vendor or contractor must furnish security approved by the commissioner to ensure the making of the contract being bid for.
Subd. 6. MS 2012 [Renumbered 16C.06, subd 11]
2002 c 254 s 2; 2005 c 78 s 3,4; 2005 c 156 art 2 s 27,28; 2007 c 148 art 3 s 6; 2014 c 196 art 2 s 13,15
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.