f. The published notice must state at a minimum:
1) the time of awarding the contract
2) the place of awarding the contract
3) a brief description of the work (in the case of construction or
repair of roads, bridges or buildings.)
g. There is an exception to advertising requirement in case of
improvement made under a cooperative agreement with the State or
another political subdivision where the other governmental entity is
to construct or to contract to construct the improvement.
Minn. Stat. § 429.041, subd. 5.
2. Specifications for bids shall not exclude all but one type or
kind of supplies or equipment; specifications must allow for
competition. Minn. Stat. § 471.35.
a. However, the Minnesota Supreme Court has held that
municipalities have "reasonable latitude" in determining
the needs of the community in terms of what equipment best suits its
needs. Bid specifications need not allow every manufacturer to
bid. Otter Tail Power Co. v Village of Elbow Lake, 42
N.W. 2d 197 (Minn. 1951).
b. Drafting bid specifications that fit only one make of school
bus is improper according to the Attorney General. O.A.G.
707a-12, May 28, 1953.
c. Minnesota law recognizes that some kinds of supplies and
equipment may not lend themselves to competitive bidding.
Minn. Stat. § 471.36.
B. Sufficiency of Particular Bid Specifications
1. Bid specifications must be:
a. Drafted to assure taxpayers of the best bargain for the least
money. Griswold v. Ramsey County, 65 N.W.2d 647 (Minn. 1954).
b. Drawn as to give all bidders equal opportunity without
granting advantage to one or placing others at a disadvantage.
Foley Bros. v. Marshall, 123 N.W. 2d 387 (Minn. 1963).
c. Sufficiently definite and precise and free from restrictions,
the effect of which would be to stifle competition. (See 13A
Dunnell Minn. Digest 2d, Municipal Corporations 11.04c (3d ed. ) at
n.61.)
