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Minnesota Resident Bidder Preference
Revised August 14, 2024
Minnesota Statutes
Administration and Finance (Ch. 16A-16E)
Chapter 16C. State Procurement
16C.06 . Procurement requirements
Subd. 7. Other states with resident preference. Acquisition of goods and services must be awarded according to the provisions of this chapter except that a resident vendor shall be allowed a preference over a nonresident vendor from a state that gives or requires a preference to vendors from that state. The preference shall be equal to the preference given or required by the state of the nonresident vendor.
Subd. 8. Federally funded projects exempt. Subdivision 7 does not apply to a contract for any project in which federal funds are expended.
Subd. 10. Preferences not cumulative. The preferences provided for under subdivision 7 and sections 16C.0725 and 16C.16 are not cumulative. The total percentage of preference granted on a contract may not exceed the highest percentage of preference allowed for that contract under any one of these statutory sections.
16C.073 . Purchase and use of paper stock; printing
Subd. 2. Purchases.
(a) Whenever practicable, a public entity shall:
(9) purchase paper which has been made on a paper machine located in Minnesota.
16C.155. Janitorial contracts; rehabilitation programs and extended employment providers
Subdivision 1. Service contracts. The commissioner of administration shall ensure that a portion of all contracts for janitorial services; document imaging; document shredding; and mailing, collating, and sorting services be awarded by the state to rehabilitation programs and extended employment providers that are certified by the commissioner of employment and economic development, and day services licensed under chapter 245D. The amount of each contract awarded under this section may exceed the estimated fair market price as determined by the commissioner for the same goods and services by up to six percent. The aggregate value of the contracts awarded to eligible providers under this section in any given year must exceed 19 percent of the total value of all contracts for janitorial services; document imaging; document shredding; and mailing, collating, and sorting services entered into in the same year. For the 19 percent requirement to be applicable in any given year, the contract amounts proposed by eligible providers must be within six percent of the estimated fair market price for at least 19 percent of the contracts awarded for the corresponding service area.
16C.16 . Designation of procurements from small businesses
Subd. 2. Small business. The commissioner shall adopt the size standards for “small business” found in Code of Federal Regulations, title 49, section 26.65, for purposes of sections 16C.16 to 16C.21, 137.31, 137.35, 161.321, and 473.142, provided that the business has its principal place of business in Minnesota.
Subd. 5. Designation of targeted groups. (a) The commissioner of administration shall periodically designate businesses that are majority owned and operated by women, persons with a substantial physical disability, or specific minorities as targeted group businesses within purchasing categories as determined by the commissioner. A group may be targeted within a purchasing category if the commissioner determines there is a statistical disparity between the percentage of purchasing from businesses owned by group members and the representation of businesses owned by group members among all businesses in the state in the purchasing category.
(b) In addition to designations under paragraph (a), an individual business may be included as a targeted group business if the commissioner determines that inclusion is necessary to remedy discrimination against the owner based on race, gender, or disability in attempting to operate a business that would provide goods or services to public agencies.
Subd. 6. Purchasing methods. (a) The commissioner may award up to a 12 percent preference for specified goods or services to small targeted group businesses.
(b) The commissioner may award a contract for goods, services, or construction directly to a small business or small targeted group business without going through a competitive solicitation process up to a total contract award value, including extension options, of $100,000.
(c) The commissioner may designate a purchase of goods or services for award only to small businesses or small targeted group businesses if the commissioner determines that at least three small businesses or small targeted group businesses are likely to respond to a solicitation.
Minnesota Statutes
Natural Resources (Ch. 83A-84)
Chapter 84. Department of Natural Resources
84.025 . Contracts for Professional and Maintenance Services
Subd. 10. Recreational vehicles and boats used for public purposes. The commissioner shall give preference to engine models manufactured in the United States. All all-terrain vehicles purchased by the commissioner must be manufactured in the state of Minnesota.
Department of Administration
Chapter 1230. State Contracts
Bidding and Contracts
Part 1230.0900 . Tied Bids.
Subpart 1. Resolving tied bids. Tied low bids for less than $2,500 must be resolved by a coin toss among the tied low bidders, except as provided in subpart 2. Except as provided in subpart 2, tied low bids for $2,500 or more must be referred to the director for disposition. The methods used to resolve tie bids may include requesting second pricing from the vendors or negotiating with the tied low bidders.
Subp. 2. Preference for Minnesota firms. Whenever a tie involves a Minnesota firm and one whose place of business is outside the state of Minnesota, preference shall be given to the Minnesota firm.