Bill Text: MN HF925 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Public purchasing from correction industries procedures revised.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2011-03-07 - Introduction and first reading, referred to Government Operations and Elections [HF925 Detail]
Download: Minnesota-2011-HF925-Introduced.html
1.2relating to state government; revising procedures for public purchasing from
1.3corrections industries;amending Minnesota Statutes 2010, sections 16B.181,
1.4subdivision 2; 16B.335, subdivision 3; 16C.10, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 16B.181, subdivision 2, is amended to read:
1.7 Subd. 2. Public entities; purchases from corrections industries. (a) The
1.8commissioner of corrections, in consultation with the commissioner of administration,
1.9shall prepare updated lists of the items available for purchase from Department of
1.10Corrections industries and annually forward a copy of the most recent list to all public
1.11entities within the state.A public entity that is supported in whole or in part with funds
1.12from the state treasury may purchase items directly from corrections industries. The bid
1.13solicitation process is not required for these purchases.
1.14 (b)The commissioner of administration shall develop a contract or contracts
1.15to enable public entities to purchase items directly from corrections industries. The
1.16commissioner of administration shall require that all requests for bids or proposals, for
1.17items provided by corrections industries, be forwarded to the commissioner of corrections
1.18to enable corrections industries to submit bids. The commissioner of corrections shall
1.19consult with the commissioner of administration prior to introducing new products to
1.20the state agency market.
1.21 (c) No public entity may evade the intent of this section by adopting slight variations
1.22in specifications, when Minnesota corrections industry items meet the reasonable needs
1.23and specifications of the public entity.
2.1 Sec. 2. Minnesota Statutes 2010, section 16B.335, subdivision 3, is amended to read:
2.2 Subd. 3. Predesign requirement. The definitions in paragraphs (a) and (b) apply
2.3to this section.
2.4(a) "Predesign" means the stage in the development of a project during which the
2.5purpose, scope, cost, and schedule of the complete project are defined and instructions to
2.6design professionals are produced.
2.7(b) "Design" means the stage in the development of a project during which
2.8schematic, design development, and contract documents are produced.
2.9(c) A recipient to whom an appropriation is made for a project subject to review
2.10under subdivision 1 or notice under subdivision 2 shall prepare a predesign package and
2.11submit it to the commissioner for review and recommendation before proceeding with
2.12design activities. The commissioner must complete the review and recommendation within
2.13ten working days after receiving it. Failure to review and recommend within the ten days
2.14is considered a positive recommendation. The predesign package must be sufficient to
2.15define the purpose, scope, cost, and schedule of the project and must demonstrate that the
2.16project has been analyzed according to appropriate space needs standards.All predesign,
2.17design, and construction projects shall include consideration of the state of Minnesota's
2.18correctional industries program, MINNCOR Industries, consistent with section
16B.181,
2.19subdivision 2
, paragraph (c), in predesign planning and product specifications.
2.20(d) This subdivision does not apply to capital projects for park buildings owned by a
2.21local government unit in the metropolitan area defined in section473.121, subdivision 2 .
2.22 Sec. 3. Minnesota Statutes 2010, section 16C.10, subdivision 5, is amended to read:
2.23 Subd. 5. Specific purchases. The solicitation process described in this chapter is
2.24not required for acquisition of the following:
2.25(1) merchandise for resale purchased under policies determined by the commissioner;
2.26(2) farm and garden products which, as determined by the commissioner, may be
2.27purchased at the prevailing market price on the date of sale;
2.28(3) goods and services from the Minnesota correctional facilities;
2.29(4) (3) goods and services from rehabilitation facilities and extended employment
2.30providers that are certified by the commissioner of employment and economic
2.31development, and day training and habilitation services licensed under sections245B.01
2.32to
245B.08 ;
2.33(5) (4) goods and services for use by a community-based facility operated by the
2.34commissioner of human services;
3.1(6) (5) goods purchased at auction or when submitting a sealed bid at auction
3.2provided that before authorizing such an action, the commissioner consult with the
3.3requesting agency to determine a fair and reasonable value for the goods considering
3.4factors including, but not limited to, costs associated with submitting a bid, travel,
3.5transportation, and storage. This fair and reasonable value must represent the limit of
3.6the state's bid;
3.7(7) (6) utility services where no competition exists or where rates are fixed by law or
3.8ordinance; and
3.9(8) (7) goods and services from Minnesota sex offender program facilities.
1.3corrections industries;amending Minnesota Statutes 2010, sections 16B.181,
1.4subdivision 2; 16B.335, subdivision 3; 16C.10, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 16B.181, subdivision 2, is amended to read:
1.7 Subd. 2. Public entities; purchases from corrections industries. (a) The
1.8commissioner of corrections, in consultation with the commissioner of administration,
1.9shall prepare updated lists of the items available for purchase from Department of
1.10Corrections industries and annually forward a copy of the most recent list to all public
1.11entities within the state.
1.12
1.13
1.14 (b)
1.15
1.16commissioner of administration shall require that all requests for bids or proposals, for
1.17items provided by corrections industries, be forwarded to the commissioner of corrections
1.18to enable corrections industries to submit bids. The commissioner of corrections shall
1.19consult with the commissioner of administration prior to introducing new products to
1.20the state agency market.
1.21 (c) No public entity may evade the intent of this section by adopting slight variations
1.22in specifications, when Minnesota corrections industry items meet the reasonable needs
1.23and specifications of the public entity.
2.1 Sec. 2. Minnesota Statutes 2010, section 16B.335, subdivision 3, is amended to read:
2.2 Subd. 3. Predesign requirement. The definitions in paragraphs (a) and (b) apply
2.3to this section.
2.4(a) "Predesign" means the stage in the development of a project during which the
2.5purpose, scope, cost, and schedule of the complete project are defined and instructions to
2.6design professionals are produced.
2.7(b) "Design" means the stage in the development of a project during which
2.8schematic, design development, and contract documents are produced.
2.9(c) A recipient to whom an appropriation is made for a project subject to review
2.10under subdivision 1 or notice under subdivision 2 shall prepare a predesign package and
2.11submit it to the commissioner for review and recommendation before proceeding with
2.12design activities. The commissioner must complete the review and recommendation within
2.13ten working days after receiving it. Failure to review and recommend within the ten days
2.14is considered a positive recommendation. The predesign package must be sufficient to
2.15define the purpose, scope, cost, and schedule of the project and must demonstrate that the
2.16project has been analyzed according to appropriate space needs standards.
2.17
2.18
2.19
2.20(d) This subdivision does not apply to capital projects for park buildings owned by a
2.21local government unit in the metropolitan area defined in section
2.22 Sec. 3. Minnesota Statutes 2010, section 16C.10, subdivision 5, is amended to read:
2.23 Subd. 5. Specific purchases. The solicitation process described in this chapter is
2.24not required for acquisition of the following:
2.25(1) merchandise for resale purchased under policies determined by the commissioner;
2.26(2) farm and garden products which, as determined by the commissioner, may be
2.27purchased at the prevailing market price on the date of sale;
2.28
2.29
2.30providers that are certified by the commissioner of employment and economic
2.31development, and day training and habilitation services licensed under sections
2.33
2.34commissioner of human services;
3.1
3.2provided that before authorizing such an action, the commissioner consult with the
3.3requesting agency to determine a fair and reasonable value for the goods considering
3.4factors including, but not limited to, costs associated with submitting a bid, travel,
3.5transportation, and storage. This fair and reasonable value must represent the limit of
3.6the state's bid;
3.7
3.8ordinance; and
3.9
