Current through Register Vol. 49, No. 13, September 23, 2024
The division shall attempt to achieve utilization of targeted
group, economically disadvantaged area, and veteran-owned small businesses in
proportion to their representation in the state's market area. In so doing, the
division may use either of the following purchasing methods for making awards
to businesses designated by the commissioner as targeted group, economically
disadvantaged area, or veteran-owned small businesses.
A. When it is likely that three responses
will be obtained from certified targeted group, economically disadvantaged
area, or veteran-owned small businesses, the solicitation may be set aside for
responses only from those businesses.
(1) The
division shall include a statement on the solicitation document informing all
vendors that the solicitation is set aside for responses only from certified
targeted group, economically disadvantaged area, or veteran-owned small
businesses.
(2) The division shall
reject any response from a business not certified as a targeted group,
economically disadvantaged area, or veteran-owned small business.
(3) Where there are no responses or no
acceptable responses, unsatisfactory responses, if any, must be recorded and
the solicitation must be reissued.
B. A certified targeted group, economically
disadvantaged area, or veteran-owned small business may be awarded up to a six
percent preference in the amount offered over the lowest responsible offer from
another vendor.
(1) The division shall
include a statement on the solicitation document informing all vendors that
certified targeted group, economically disadvantaged area, or veteran-owned
small businesses will receive a preference in the amount offered and the amount
of the preference to be awarded.
(2) Unless awarded pursuant to subitem (4),
when the lowest acceptable response from a certified targeted group,
economically disadvantaged area, or veteran-owned small business is within the
specified percent of the lowest acceptable response from another vendor, award
must be made to the lowest responsible certified targeted group, economically
disadvantaged area, or veteran-owned small business.
(3) Unless awarded pursuant to subitem (4),
when there is no acceptable response from a certified targeted group,
economically disadvantaged area, or veteran-owned small business within the
specified percent of the lowest acceptable response from another vendor, award
must be made to the lowest responsible vendor.
(4) In the event the state is using a
solicitation method other than competitive bidding, including requests for
proposals and bids awarded based on best value criteria, where price is not the
only factor considered in making an award, the preference shall be applied as
stated in the solicitation document.
Statutory Authority: MS s
16B.04; 16B.18; 16B.19; 16B.22;
16C.03;
16C.16;
16C.19
