Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Inability to perform.
An eligible business that finds it cannot produce, supply,
or construct according to the terms and conditions of a contract shall
immediately notify the division in writing of the reasons therefore. When the
commissioner determines that the business is unable to perform for the reasons
stated, the division shall notify the Department of Employment and Economic
Development so that the commissioner of employment and economic development can
assist the small business in attempting to remedy the causes of the inability
to perform. The division shall notify the business of the referral to the
Department of Employment and Economic Development and the notice must include a
statement that any records of the Department of Employment and Economic
Development in assisting the small business may be discoverable in a contested
case or judicial procedure. Failure to enter into a contract, to accept an
offered award, or to satisfactorily complete a contract for documented reasons
beyond its control will not automatically disqualify a business from future
participation in the solicitation process.
A. The division may, if circumstances permit,
delay an award or completion of a contract to allow the commissioner of the
Department of Employment and Economic Development to provide assistance or to
allow the business to remedy the business's inability to perform. If the
division decides that delay is inappropriate because of the nature of the bid
or contract, the division may seek other solutions. The decision to proceed
shall not be prejudicial to the record of the business in question.
B. Failure of the business in question to
reasonably cooperate with either the division or the Department of Employment
and Economic Development shall be considered a failure to fulfill the terms of
a contract and shall be handled according to parts
1230.1000 and
1230.1100. The records of the
division shall document the actions taken relative to each case of inability to
perform handled under this subpart.
Subp. 2. [Repealed, 16 SR 194]
Subp. 3. [Repealed, 16 SR 194]
Subp. 4. [Repealed, 16 SR 194]
Subp. 5.
Dividing solicitations.
The director of the division shall divide solicitations by
dollar amounts, units of production, or duration of contract to facilitate
awarding set-aside or preference contracts where economically feasible.
Subp. 6. [Repealed, 16 SR 194]
Subp. 7.
Reporting requirements.
The following reporting requirements apply to the Minnesota
small business procurement program:
A.
Businesses eligible to participate in the program shall, within 30 calendar
days of a request by the division, verify information on file with the division
for that business, make any necessary changes, and submit a complete financial
statement and personal net worth statement to the division. The information on
file with the division will include:
(1) the
name and address of the applicant and its principal place of
business;
(2) the applicant's gross
revenues in the most recently completed fiscal year;
(3) whether the applicant's business is an
affiliate or subsidiary of a business dominant in its field of
operation;
(4) a listing of all
owners, including percentage of ownership, and all officers of the applicant,
with full disclosure of all owners' and officers' direct and indirect
involvement in other businesses and enterprises that are in the same field of
operation as the applicant, unless ownership is by common stock regularly
bought and sold through recognized exchanges; and
(5) all other relevant or supporting
information necessary for verifying status resulting in eligibility under
certification procedures if requested in writing by the division, before or
after the reporting requirement date.
B. Failure to provide the information
required by item A may result in removal of the noncomplying business from the
Minnesota small business procurement program.
Statutory Authority: MS s
16B.04; 16B.18; 16B.19; 16B.22;
16C.03;
16C.16;
16C.19
