Minnesota Legislature
HF 548
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to state government; requiring state agencies to certify that no state
employees on recall lists are able to perform specified services before seeking
approval of certain contracts; amending Minnesota Statutes 2006, section
16C.08, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
Subd. 2.
Duties of contracting agency.
(a) Before an agency may seek approval of
a professional or technical services contract valued in excess of $5,000, it must provide
the following:
(1) a description of how the proposed contract or amendment is necessary and
reasonable to advance the statutory mission of the agency;
(2) a description of the agency's plan to notify firms or individuals who may be
available to perform the services called for in the solicitation; and
(3) a description of the performance measures or other tools that will be used to
monitor and evaluate contract performance.
(b) In addition to paragraph (a), the agency must certify that:
(1) no current state employee new text begin or a state employee on any recall list new text end is able and
available to perform the services called for by the contract;
(2) the normal competitive bidding mechanisms will not provide for adequate
performance of the services;
(3) reasonable efforts will be made to publicize the availability of the contract to
the public;
(4) the agency will develop and implement a written plan providing for the
assignment of specific agency personnel to manage the contract, including a monitoring
and liaison function, the periodic review of interim reports or other indications of past
performance, and the ultimate utilization of the final product of the services;
(5) the agency will not allow the contractor to begin work before the contract is fully
executed unless an exception under section 16C.05, subdivision 2a, has been granted by
the commissioner and funds are fully encumbered;
(6) the contract will not establish an employment relationship between the state or
the agency and any persons performing under the contract; and
(7) in the event the results of the contract work will be carried out or continued by
state employees upon completion of the contract, the contractor is required to include
state employees in development and training, to the extent necessary to ensure that after
completion of the contract, state employees can perform any ongoing work related to
the same function.
(c) A contract establishes an employment relationship for purposes of paragraph (b),
clause (6), if, under federal laws governing the distinction between an employee and an
independent contractor, a person would be considered an employee.