Bill Text: MN HF1975 | 2011-2012 | 87th Legislature | Introduced
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Bill Title: State government outside contract restrictions removed, and disclosure required on where contract work takes place.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-24 - Continued [HF1975 Detail]
Download: Minnesota-2011-HF1975-Introduced.html
Bill Title: State government outside contract restrictions removed, and disclosure required on where contract work takes place.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-24 - Continued [HF1975 Detail]
Download: Minnesota-2011-HF1975-Introduced.html
1.2relating to state government; removing restrictions relating to outside contracts;
1.3amending Minnesota Statutes 2010, sections 16C.08, subdivision 2; 16C.09;
1.4136F.77, subdivision 3; repealing Minnesota Statutes 2010, sections 16C.085;
1.543A.047; 179A.23.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 16C.08, subdivision 2, is amended to read:
1.8 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
1.9a professional or technical services contract valued in excess of $5,000, it must provide
1.10the following:
1.11 (1) a description of how the proposed contract or amendment is necessary and
1.12reasonable to advance the statutory mission of the agency;
1.13 (2) a description of the agency's plan to notify firms or individuals who may be
1.14available to perform the services called for in the solicitation;
1.15 (3) a description of the performance measures or other tools, including accessibility
1.16measures if applicable, that will be used to monitor and evaluate contract performance; and
1.17 (4) an explanation detailing, if applicable, why this procurement is being pursued
1.18unilaterally by the agency and not as an enterprise procurement.
1.19 (b) In addition to paragraph (a), the agency must certify that:
1.20(1) no current state employee is able and available to perform the services called
1.21for by the contract;
1.22(2) (1) the normal competitive bidding mechanisms will not provide for adequate
1.23performance of the services;
1.24(3) (2) reasonable efforts will be made to publicize the availability of the contract
1.25to the public;
2.1(4) (3) the agency will develop and implement a written plan providing for the
2.2assignment of specific agency personnel to manage the contract, including a monitoring
2.3and liaison function, the periodic review of interim reports or other indications of past
2.4performance, and the ultimate utilization of the final product of the services;
2.5(5) (4) the agency will not allow the contractor to begin work before the contract is
2.6fully executed unless an exception under section16C.05, subdivision 2a , has been granted
2.7by the commissioner and funds are fully encumbered; and
2.8(6) (5) the contract will not establish an employment relationship between the state
2.9or the agency and any persons performing under the contract;.
2.10(7) in the event the results of the contract work will be carried out or continued by
2.11state employees upon completion of the contract, the contractor is required to include
2.12state employees in development and training, to the extent necessary to ensure that after
2.13completion of the contract, state employees can perform any ongoing work related to the
2.14same function; and
2.15(8) the agency will not contract out its previously eliminated jobs for four years
2.16without first considering the same former employees who are on the seniority unit layoff
2.17list who meet the minimum qualifications determined by the agency.
2.18 (c) A contract establishes an employment relationship for purposes of paragraph (b),
2.19clause(6) (5), if, under federal laws governing the distinction between an employee and
2.20an independent contractor, a person would be considered an employee.
2.21 Sec. 2. Minnesota Statutes 2010, section 16C.09, is amended to read:
2.2216C.09 PROCEDURE FOR SERVICE CONTRACTS.
2.23(a) Before entering into or approving a service contract, the commissioner must
2.24determine, at least, that:
2.25(1) no current state employee is able and available to perform the services called
2.26for by the contract;
2.27(2) (1) the work to be performed under the contract is necessary to the agency's
2.28achievement of its statutory responsibilities and there is statutory authority to enter into
2.29the contract;
2.30(3) (2) the contract will not establish an employment relationship between the state
2.31or the agency and any persons performing under the contract;
2.32(4) (3) the contractor and agents are not employees of the state;
2.33(5) (4) the contracting agency has specified a satisfactory method of evaluating and
2.34using the results of the work to be performed; and
3.1(6) (5) the combined contract and amendments will not exceed five years without
3.2specific, written approval by the commissioner according to established policy, procedures,
3.3and standards, or unless otherwise provided for by law. The term of the original contract
3.4must not exceed two years, unless the commissioner determines that a longer duration is
3.5in the best interest of the state.
3.6(b) For purposes of paragraph (a), clause (1), employees are available if qualified
3.7and:
3.8(1) are already doing the work in question; or
3.9(2) are on layoff status in classes that can do the work in question.
3.10An employee is not available if the employee is doing other work, is retired, or has decided
3.11not to do the work in question.
3.12(c) (b) This section does not apply to an agency's use of inmates pursuant to sections
3.13241.20
to
241.23 or to an agency's use of persons required by a court to provide:
3.14(1) community service; or
3.15(2) conservation or maintenance services on lands under the jurisdiction and control
3.16of the state.
3.17 Sec. 3. Minnesota Statutes 2010, section 136F.77, subdivision 3, is amended to read:
3.18 Subd. 3. No abrogation. Nothing in this section shall abrogate theprovisions of
3.19sections
43A.047 and requirements of section
136F.581 .
3.20 Sec. 4. REPEALER.
3.21Minnesota Statutes 2010, sections 16C.085; 43A.047; and 179A.23, are repealed.
1.3amending Minnesota Statutes 2010, sections 16C.08, subdivision 2; 16C.09;
1.4136F.77, subdivision 3; repealing Minnesota Statutes 2010, sections 16C.085;
1.543A.047; 179A.23.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 16C.08, subdivision 2, is amended to read:
1.8 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
1.9a professional or technical services contract valued in excess of $5,000, it must provide
1.10the following:
1.11 (1) a description of how the proposed contract or amendment is necessary and
1.12reasonable to advance the statutory mission of the agency;
1.13 (2) a description of the agency's plan to notify firms or individuals who may be
1.14available to perform the services called for in the solicitation;
1.15 (3) a description of the performance measures or other tools, including accessibility
1.16measures if applicable, that will be used to monitor and evaluate contract performance; and
1.17 (4) an explanation detailing, if applicable, why this procurement is being pursued
1.18unilaterally by the agency and not as an enterprise procurement.
1.19 (b) In addition to paragraph (a), the agency must certify that:
1.20
1.21
1.22
1.23performance of the services;
1.24
1.25to the public;
2.1
2.2assignment of specific agency personnel to manage the contract, including a monitoring
2.3and liaison function, the periodic review of interim reports or other indications of past
2.4performance, and the ultimate utilization of the final product of the services;
2.5
2.6fully executed unless an exception under section
2.7by the commissioner and funds are fully encumbered; and
2.8
2.9or the agency and any persons performing under the contract
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18 (c) A contract establishes an employment relationship for purposes of paragraph (b),
2.19clause
2.20an independent contractor, a person would be considered an employee.
2.21 Sec. 2. Minnesota Statutes 2010, section 16C.09, is amended to read:
2.2216C.09 PROCEDURE FOR SERVICE CONTRACTS.
2.23(a) Before entering into or approving a service contract, the commissioner must
2.24determine, at least, that:
2.25
2.26
2.27
2.28achievement of its statutory responsibilities and there is statutory authority to enter into
2.29the contract;
2.30
2.31or the agency and any persons performing under the contract;
2.32
2.33
2.34using the results of the work to be performed; and
3.1
3.2specific, written approval by the commissioner according to established policy, procedures,
3.3and standards, or unless otherwise provided for by law. The term of the original contract
3.4must not exceed two years, unless the commissioner determines that a longer duration is
3.5in the best interest of the state.
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.14(1) community service; or
3.15(2) conservation or maintenance services on lands under the jurisdiction and control
3.16of the state.
3.17 Sec. 3. Minnesota Statutes 2010, section 136F.77, subdivision 3, is amended to read:
3.18 Subd. 3. No abrogation. Nothing in this section shall abrogate the
3.19
3.20 Sec. 4. REPEALER.
3.21Minnesota Statutes 2010, sections 16C.085; 43A.047; and 179A.23, are repealed.
