purchasing

Minnesota Resident Bidder Preference

Revised September 10, 2020

16A – 16E: Administration and Finance
Chapter 16C: State Procurement
Section 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.

16A – 16E: Administration and Finance
Chapter 16C: State Procurement
Section 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.

16A – 16E: Administration and Finance
Chapter 16C: State Procurement
Section 16C.16: Designation of Procurements From Small Businesses

Subd. 6. Purchasing methods.
(a) The commissioner may award up to a six 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 $25,000.

(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.

Subd. 6a. Veteran-owned small businesses.
(a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference, but no less than the percentage awarded to any other group under this section, on state procurement to certified small businesses that are majority-owned and operated by veterans

Subd. 7. Economically disadvantaged areas.
(a) The commissioner may award up to a six percent preference on state procurement to small businesses located in an economically disadvantaged area.

(b) The commissioner may award a contract for goods, services, or construction directly to a small business located in an economically disadvantaged area without going through a competitive solicitation process up to a total contract award value, including extension options, of $25,000.

(c) The commissioner may designate a purchase of goods or services for award only to a small business located in an economically disadvantaged area if the commissioner determines that at least three small businesses located in an economically disadvantaged area are likely to respond to a solicitation.

83A – 84: Natural Resources
Chapter 84: Department of Natural Resources
Section 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.

Minnesota Session Laws – 2013, Regular Session
Chapter 85 – H.F. No. 729
Article 6: Commerce and Consumer Protection Policy
Section 11: Solar Photovoltaic Modules

No solar photovoltaic module may be installed that is financed directly or indirectly, wholly or in part, with money appropriated in this act, unless the solar photovoltaic module is made in Minnesota as defined in Minnesota Statutes, section 16B.323, subdivision 1, paragraph (b).

Minnesota Administrative Rules
Administration Department
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.

Minnesota Administrative Rules
Administration Department
Chapter 1230: State Contracts
Small Business Procurement Program
Part 1230.1810: Proportional Utilization of Targeted Group, Economically Disadvantaged Area, and Veteran Owned Small Businesses.

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.

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.