161.315 PROTECTION OF PUBLIC CONTRACTS. Subdivision 1. Legislative intent. Recognizing that the preservation of the integrity of the public contracting process of the Department of Transportation is vital to the development of a balanced and efficient transportation system and a matter of interest to the people of the state, the legislature hereby determines and declares […]
161.32 CONTRACTING FOR WORK ON TRUNK HIGHWAY. Subdivision 1. Advertisement for bids. The commissioner may conduct the work or any part of the work incidental to the construction and maintenance of the trunk highways by labor employed to do the work or by contract. In cases of construction work, the commissioner shall first advertise for […]
161.3203 CONTRACTS FOR WORK FOR TRUNK HIGHWAY. Subdivision 1. Privatization transportation contracts. For purposes of this section, “privatization transportation contract” means an enforceable agreement, or combination or series of agreements, by which a private contractor agrees with the commissioner of transportation to provide work (1) that is incidental to the construction or improvement of trunk […]
161.3206 BEST-VALUE CONTRACTING AUTHORITY. Notwithstanding sections 16C.25, 161.32, 161.321, or any other law to the contrary, the commissioner may solicit and award all contracts, other than design-build contracts governed by section 161.3412, for a project on the basis of a best-value selection process as defined in section 16C.28, subdivision 1b. Section 16C.08 does not apply […]
161.3207 CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACTS; DEFINITIONS. Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the meanings given them in this section. Subd. 2. Acceptance. “Acceptance” means an action of the commissioner authorizing the execution of a construction manager/general contractor contract. Subd. 3. Commissioner. “Commissioner” means the commissioner of transportation. Subd. 4. […]
161.3208 CONSTRUCTION MANAGER/GENERAL CONTRACTOR; AUTHORITY. Subdivision 1. Selection authority; limitation. Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may select a construction manager/general contractor as provided in section 161.3209, and award a construction manager/general contractor contract. The number of awarded contracts shall not exceed three in any calendar […]
161.3209 CONSTRUCTION MANAGER/GENERAL CONTRACTOR; PROCEDURES. Subdivision 1. Solicitation of proposals. If the commissioner determines that a construction manager/general contractor method of procurement is appropriate for a project, the commissioner shall establish a two-phase procedure for awarding the construction manager/general contractor contract, as described in subdivisions 2 and 3. Subd. 2. Phase 1 – request for […]
161.321 SMALL BUSINESS CONTRACTS. Subdivision 1. Definitions. For purposes of this section the following terms have the meanings given them, except where the context clearly indicates a different meaning is intended. (a) “Award” means the granting of a contract in accordance with all applicable laws and rules governing competitive bidding except as otherwise provided in […]
161.3212 WORKING CAPITAL FUND. The commissioner, to the extent allowed by other law or contract, may grant available money that has been appropriated for socially or economically disadvantaged business programs to a guaranty fund administered by a nonprofit organization that makes or guarantees working capital loans to small business concerns owned and operated by socially […]
161.322 PAYMENT OF INTEREST TO CONTRACTORS. When any contract for the construction, improvement, or repair of any trunk highway has been entered into by the commissioner of transportation of the state of Minnesota, and the work provided for in the contract has been in all things completed to the satisfaction of the commissioner or the […]
161.33 EMPLOYEE INTEREST IN CONTRACT, UNLAWFUL. It shall be unlawful for any member or employee of the Department of Transportation to be directly or indirectly interested in any contract for the construction or improvement of any public road or bridge, or in any contract for the repair, purchase or sale of any road machinery, equipment, […]
161.34 CONTRACT CLAIMS AGAINST STATE. Subdivision 1. Waiver of immunity. When a controversy arises out of any contract for the construction or repair of state trunk highways entered into by the commissioner or by the commissioner’s authority, in respect to which controversy a party to the contract would be entitled to redress against the state, […]
161.3410 DESIGN-BUILD CONTRACTS; DEFINITIONS. Subdivision 1. Scope. The terms used in sections 161.3410 to 161.3426 have the meanings given in this section. Subd. 2. Commissioner. “Commissioner” means the commissioner of transportation. Subd. 3. Design-build contract. “Design-build contract” means a single contract between the Department of Transportation and a design-build company or firm to furnish the […]
161.3412 DESIGN-BUILD AUTHORITY. Subdivision 1. Best-value selection for design-build contracts. Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may solicit and award a design-build contract for a project on the basis of a best-value selection process. Section 16C.08 does not apply to design-build contracts to which the commissioner […]
161.3414 DETERMINATION TO USE DESIGN-BUILD SELECTION METHOD. Subdivision 1. General criteria. A design-build contracting procedure authorized under sections 161.3410 to 161.3426 may be used for a specific project only after the commissioner determines that awarding a design-build contract will serve the public interest. Subd. 2. Specific criteria. The commissioner shall use the following criteria as […]
161.3416 DESIGN-BUILD NOTICE; REPORT. Subdivision 1. Summary report of reasons for determination. The commissioner shall summarize in a written statement its reasons for using the design-build construction contracting procedure. This statement, along with other relevant information describing the project, must be made available upon request to interested parties. Subd. 2. Final determination authority. Final determination […]
161.3418 LICENSING REQUIREMENTS. Subdivision 1. Licensed professional required. Each design-builder shall employ, or have as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and registered to provide the design services required to complete the project and do business in the state. Subd. 2. Contracting for licensed professional. A design-builder may enter into […]
161.3420 DESIGN-BUILD RFQ; SELECTION TEAM; EVALUATION. Subdivision 1. Two-phase procedure. If the commissioner determines that the design-build best-value method of project delivery is appropriate for a project, the commissioner shall establish a two-phase procedure for awarding the design-build contract, as described in this subdivision and section 161.3422. Subd. 2. Technical Review Committee. During the phase-one […]
161.3422 RFP FOR DESIGN-BUILD. During phase two, the commissioner shall issue a request for proposals (RFP) to the design-builders on the short list. The request must include: (1) the scope of work, including (i) performance and technical requirements, (ii) conceptual design, (iii) specifications, and (iv) functional and operational elements for the delivery of the completed […]
161.3424 REPLACING TEAM MEMBERS. An individual or a design-build firm identified in a response to a request for qualifications (RFQ) or a request for proposals (RFP) may not be replaced without the written approval of the commissioner. The commissioner may revoke an awarded contract if an individual or a design-build firm identified in a response […]
