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About Search Results
The advisory opinion library currently includes:
- Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
- Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.
The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.
A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.
Results 1 - 5 of 5
Advisory Opinion 13-005
March 5, 2013; Metropolitan Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: Note: this opinion relates to 13-001. A member of the public sought access to data related to a
request for proposal (RFP) under section 13.591, subd. 3(b) and 4(a). The entity cancelled procurement for the
original contract prior to completion of the evaluation process, and three weeks later, re-solicited two new RFPs for
the project. Although the entity plans to issue more RFPs in connection with the project, the evaluation process for
the two re-solicited RFPs is complete, and all data submitted in response to the original RFP are now public (except
trade secret) under section 13.591, subd. 3(b). For the same reasons, “evaluative data,” are also public, pursuant to
section 13.591, subd. 4(a), except trade secret data.
Category: Business Data
Keywords: Business Data, RFP (request for proposals/request for bids
Commissioner: Spencer Cronk
Advisory Opinion 13-001
January 8, 2013; Metropolitan Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A member of the public sought access
to data related to a request for proposal (RFP) under
the process in section 13.591, subd. 3(b). The entity
cancelled procurement for the original contract prior
to completion of the evaluation process, and three
weeks later, re-solicited two new RFPs for the project.
The entity‘s decision to cancel the
RFP did not mean it “abandon
[ed] the purchase” (at which
point data that are otherwise
protected become public), even
though the scope of the resolicited RFPs differed from the
original, the project that is the
subject of the RFPs is unchanged.
Category: Business Data
Keywords: Business Data, RFP (request for proposals/request for bids
Commissioner: Spencer Cronk
Advisory Opinion 08-021
August 8, 2008; City of Vadnais Heights
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: In a situation where bids are opened and tabulated by designated city personnel prior to the Vadnais Heights City Council deciding to award the contract, what is the classification, pursuant to Minnesota Statutes, section 13.591, of the bids and accompanying materials of each bidder when (1) the bids are opened and ranked by City personnel and (2) when the City Council awards the contract?
Category: Business Data
Keywords: Business Data, RFP (request for proposals/request for bids
Commissioner: Dana B. Badgerow
Advisory Opinion 04-077
November 29, 2004; City of Saint Paul
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Did the City of Saint Paul comply with Minnesota Statutes, Chapter 13, in responding to a request to gain access to the addresses of those businesses and individuals who are the ultimate recipients of either loans or grants from the Neighborhood STAR program?
Category: Contracts/privatization, Legislative authority and intent
Keywords: Contracts/privatization, Legislative authority and intent, RFP (request for proposals/request for bids, Loan or grant, Business data (13.591)
Commissioner: Dana B. Badgerow
Advisory Opinion 03-014
May 23, 2003; City of Minneapolis
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes, Chapter 13, is it appropriate for a government entity to release responses to Requests for Proposals (RFPs) with the informed consent of businesses responding to the RFP?
Category: Data subjects, Business Data, Data subjects, Educational data, Educational data, Informed consent
Keywords: Data subjects, Business Data, Data subjects, Educational data, Educational data, Informed consent, RFP (request for proposals/request for bids, Data not on individuals, Informed consent, Organizations
Commissioner: Brian J. Lamb