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S.F. No. 1351 - Hennepin County Contracting (First Engrossment)
 
Author: Senator Chris A. Eaton
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 22, 2013



 

S.F. No. 1351 updates and makes technical corrections to Hennepin County Contract laws.  New procedures are provided for design-build contracts.

Section 1 amends the definition of “design-build contract” to specify that the contract may be a single contract that is in phases. The definition of “project” is amended to include multimodal transportation facilities or infrastructure relating to multimodal transportation.

Section 2 is added by the A-1 amendment.  This section allows the county to use design-build procedures available to the Department of Transportation.

Section 3 clarifies that a design-builder must employ or work with a person that is licensed and registered to provide design services.

Section 4 reduces the minimum number of firms to be included on the short list of qualified design-builders from three to two.

Section 5 limits the role of the county board in evaluating proposals.

Section 6 makes clarifying changes.

Section 7 provides for a new design-build contract process. Subdivision 1 provides that the selection is based on the price divided by the technical score, adjusted for a time factor value, if any, with the award going to the responsive and responsible design-builder with the lowest adjusted score.  The county may reject all proposals.

Subdivision 2 provides an alternative process for contracts with an estimated cost of less than $5,000,000.

Subdivision 3 requires the county board to award a stipulated fee to be paid to each firm on the short list who provided a responsive but unsuccessful bid. In exchange for the fee, the county may use any ideas or information in the proposals without additional payments. A firm may waive the fee, in which case the county may not use ideas and information from the proposal.

Subdivision 4 provides that the county may also use low-bid, design-build procedures to award a design-build contract where the scope of the work can be clearly defined. Proposals must include separately a technical proposal and price proposal. A two-step process is provided. The contract award must be made to the proposer whose sealed bid is responsible to the technical requirements and that is also the lowest bid. A stipulated fee may be paid for unsuccessful bids.

Subdivision 5 allows the county board to reject all bids.

Subdivision 6 provides that if the county board rejects all bids or does not execute the contract, the county board may reissue the request for proposals and allow only short-listed firms to resubmit proposals. The county must pay a stipulated fee to each short-listed, responsible proposer who provides a responsive but unsuccessful proposal.

Subdivision 7 repeals a section on stipulated fees, which is replaced by language in this bill.

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