Minnesota Legislature
HF 729
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; prohibiting contracts under competitive bidding
process for certain offenses; proposing coding for new law in Minnesota Statutes,
chapter 16C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[16C.261] COMPETITIVE BIDDING PROCESS; CRIMINAL OR
CIVIL JUDGMENT.
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new text begin Subdivision 1. new text end
new text begin Contract prohibited for certain criminal or civil judgments. new text end
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No
commissioner or government agency shall enter into any agreement for the provision of
equipment, products, or services, whether through any competitive bidding process or not,
with any company or entity that, within the three-year period preceding the agreement, has:
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(1) been convicted or had a civil judgment rendered against the company or entity
for the commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state, or local) transaction or contract;
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(2) violated any federal or state antitrust statutes;
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(3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
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(4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging.
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new text begin Subd. 2. new text end
new text begin Applicant to certify. new text end
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After January 1, 2008, in every agreement with the
state of Minnesota for the provision of equipment, products, or services, whether through
any competitive bidding process or not, and in every request for proposal, request for
qualifications, request for services, or similar competitive bidding process, the state shall
require each applicant to certify that the applicant has not, within the three-year period
preceding such date:
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(1) been convicted or had a civil judgment rendered against the applicant for the
commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or contract;
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(2) violated any federal or state antitrust statutes;
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(3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
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(4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging.
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new text begin Subd. 3. new text end
new text begin Contract termination; notice requirement. new text end
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All commissioners and
government agencies that have, as of the day of enactment of this section, any agreement
for the provision of equipment, products, or services, whether through any competitive
bidding process or not, with any company or entity that, within the three-year period
preceding the date of such agreement, has:
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(1) been convicted or had a civil judgment rendered against the company or entity
for the commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state, or local) transaction or contract;
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(2) violated any federal or state antitrust statutes;
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(3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
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(4) paid any federal or state entity an amount in excess of $1,000,000 to settle
any claims or allegations of improper billing, collusion, failure to disclose requisite
information, or bid rigging, shall immediately terminate the agreement by providing a
30-day notice.
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