Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by FindLaw Staff
Subdivision 1.Original jurisdiction. (a) Original jurisdiction is granted to the district court over any action seeking legal, equitable, or declaratory relief arising under or based upon the alleged violation of any law governing public procurement requirements, public procurement procedures, or the award of any public contract.
(b) The grant of original jurisdiction under paragraph (a) applies regardless of whether a public entity involved or implicated in the action is alleged to have acted, or may be held to have acted, in a judicial or quasi-judicial capacity.
(c) The grant of original jurisdiction under paragraph (a) does not: (1) alter the standard of review to be applied by a district court; (2) alter the standard of review applied by an appellate court; (3) affect section 471.345, subdivision 14; (4) affect the available remedies, including, but not limited to, the availability or nonavailability of attorney fees awards and bid preparation costs; or (5) affect the procedural or administrative steps, if any, set out by statute, rule, or procurement procedure, that a party must comply with prior to initiating any such action.
Subd. 2.Timing for filing. (a) A procurement process participant must file an action prior to the date when the procurement contract at issue is fully executed unless:
(1) the party demonstrates that it acted diligently in seeking access to information the party reasonably deemed necessary to review prior to bringing an action; and
(2) the procurement process participant has not been afforded (i) reasonable access to information necessary to prepare the action for filing, or (ii) a reasonable opportunity to bring the action and seek appropriate relief from the court before the public procurement contract is fully executed. Reasonable access to necessary information and a reasonable opportunity to seek relief includes receipt of data described under section 13.591, subdivision 3 or 4, at least 15 days prior to full execution of the procurement contract.
(b) This subdivision does not apply to matters alleging: (1) fraud or misrepresentation, or (2) acts following contract execution that would have been improper or illegal prior to contract execution.
Cite this article: FindLaw.com - Minnesota Statutes Administration and Finance (Ch. 16A-16E) § 16C.281. Original jurisdiction of public procurement actions - last updated January 01, 2023 | https://codes.findlaw.com/mn/administration-and-finance-ch-16a-16e/mn-st-sect-16c-281/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)