Subdivision 1. Original jurisdiction. (a) Original jurisdiction is granted to the district court over any action seeking legal, equitable, or declaratory relief arising under or based upon the alleged violation of any law governing public procurement requirements, public procurement procedures, or the award of any public contract.
(b) The grant of original jurisdiction under paragraph (a) applies regardless of whether a public entity involved or implicated in the action is alleged to have acted, or may be held to have acted, in a judicial or quasi-judicial capacity.
(c) The grant of original jurisdiction under paragraph (a) does not: (1) alter the standard of review to be applied by a district court; (2) alter the standard of review applied by an appellate court; (3) affect section 471.345, subdivision 14; (4) affect the available remedies, including, but not limited to, the availability or nonavailability of attorney fees awards and bid preparation costs; or (5) affect the procedural or administrative steps, if any, set out by statute, rule, or procurement procedure, that a party must comply with prior to initiating any such action.
Subd. 2. Timing for filing. (a) A procurement process participant must file an action prior to the date when the procurement contract at issue is fully executed unless:
(1) the party demonstrates that it acted diligently in seeking access to information the party reasonably deemed necessary to review prior to bringing an action; and
(2) the procurement process participant has not been afforded (i) reasonable access to information necessary to prepare the action for filing, or (ii) a reasonable opportunity to bring the action and seek appropriate relief from the court before the public procurement contract is fully executed. Reasonable access to necessary information and a reasonable opportunity to seek relief includes receipt of data described under section 13.591, subdivision 3 or 4, at least 15 days prior to full execution of the procurement contract.
(b) This subdivision does not apply to matters alleging: (1) fraud or misrepresentation, or (2) acts following contract execution that would have been improper or illegal prior to contract execution.
2019 c 21 s 1
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.