1.1.................... moves to amend H.F. No. 1943 as follows:
1.2Page 2, line 3, delete "
diverse" and insert "
disadvantaged"
1.3Page 2, line 4, after "
enterprises," insert "
hiring of minority persons, women, and
1.4qualified disabled individuals,"
1.5Page 2, after line 11, insert:
1.6 "Sec. 2. Minnesota Statutes 2012, section 16C.28, subdivision 1, is amended to read:
1.7 Subdivision 1.
Award requirements. (a) All state building and construction
1.8contracts entered into by or under the supervision of the commissioner or an agency for
1.9which competitive bids or proposals are required may be awarded to either of the following:
1.10 (1) the lowest responsible bidder, taking into consideration conformity with the
1.11specifications, terms of delivery, the purpose for which the contract is intended, the status
1.12and capability of the vendor or contractor, other considerations imposed in the call for
1.13bids, and, where appropriate, principles of life-cycle costing; or
1.14 (2) the vendor or contractor offering the best value, taking into account the
1.15specifications of the request for proposals, the price and performance criteria as set forth
1.16in section
16C.02, subdivision 4a, and described in the solicitation document.
1.17 (b) The vendor or contractor must secure bonding, commercial general insurance
1.18coverage, and workers' compensation insurance coverage under paragraph (a), clause
1.19(1) or (2). The commissioner shall determine whether to use the procurement process
1.20described in paragraph (a), clause (1), or the procurement process described in paragraph
1.21(a), clause (2), and paragraph (c). If the commissioner uses the method in paragraph
1.22(a), clause (2), and paragraph (c), the head of the agency shall determine which vendor
1.23or contractor offers the best value, subject to the approval of the commissioner. Any
1.24or all bids or proposals may be rejected.
1.25 (c) When using the procurement process described in subdivision 1, paragraph (a),
1.26clause (2), the solicitation document must state the relative weight of price and other
1.27selection criteria. The award must be made to the vendor or contractor offering the
2.1best value applying the weighted selection criteria. If an interview of the vendor's or
2.2contractor's personnel is one of the selection criteria, the relative weight of the interview
2.3shall be stated in the solicitation document and applied accordingly.
2.4 (b) This paragraph applies when the commissioner is awarding a building and
2.5construction contract to the lowest responsible bidder or based on best value. When
2.6determining whether the lowest bidder is responsive and responsible, or when determining
2.7if a contractor or vendor offers the best value, the commissioner must consider the quality
2.8and timeliness of the bidder's past work and whether the bidder has not always complied
2.9with all laws, rules, and goals of the state, including but not limited to failure to pay
2.10employees all they are due and on time, including benefits, payroll tax, unemployment
2.11compensation, workers' compensation, payroll records, OSHA violations, taxes, prevailing
2.12wages, targeted group businesses and disadvantaged business enterprises, employment of
2.13minority persons, women, and qualified disabled individuals, apprenticeship programs,
2.14causing work stoppages or causing delays or disturbances by failure to pay subcontractors
2.15on time, and laws relating to independent contractors. The commissioner shall keep
2.16records for five years showing the considerations made regarding the determination of
2.17whether the bidder is responsive and responsible, or what is the best value, including why
2.18a bidder is awarded the bid if they have violations."