The Minnesota Chapter
of the National Institute
of Governmental Purchasing, Inc.

 

h. Recycling services and purchase or lease of personal property or equipment for a solid waste management program may be obtained by a county with or without advertisement for bids, including the use of conditional sales contracts and lease/purchase agreements.  (Minn. Stat. § 400.04; not applicable to Hennepin, Ramsey, Washington, Anoka, Dakota, Scott and Carver counties.)  Metropolitan counties (defined in Minn. Stat. § 473.121) may contract for the acquisition, construction, improvement, maintenance or operation of solid waste facilities or property or property rights for solid waste facilities by any means available and in the manner determined by the county board, with or without advertisement for bids.

II.  PREPARATION OF BID DOCUMENTS

A. Statutory Requirements

1.  Advertising for bids is required by Minn. Stat. § 375.21 to allow potential bidders notice and time to prepare responsive proposals.

a. Where there has been insufficient time allowed for proper responses from bidders, contract awarded as a result of that bidding process may be permanently enjoined.  Northwest Petroleum Ass'n v State Dept. of Econ. Sec., 402 N.W. 2d 591 (Minn. App. 1987).

b. A bid for work or labor must be advertised for two weeks in a "qualified legal newspaper of the county."  Qualified legal newspaper is defined in Minn. Stat. Ch. 331A.

c. A bid for construction, repair of roads, bridges or buildings must be advertised for three weeks.

d. Minn. Stat. § 645,13 instructs how "weeks" are to be determined.  At least the number of weeks specified must elapse between the first publication and the day of the event for which publication is made.

e. The last publication of the notice shall occur not more than 14 days and not less than seven days before the bid opening.  Minn. Stat. § 331A.05, subd. 2(b).

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