Data Practices Advisory (Tennessen Warning)

The Port Authority of the City of Saint Paul (the “Port Authority”) is subject to Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act (the “Data Practices Act”).  The classification of any data supplied to the Port Authority as public, non-public, private, or confidential is subject to the Data Practices Act. According to Minn. Stat. § 13.04, the Port Authority must advise you of the following:

Per Minn. Stat. § 13.591, subd. 3(a), data submitted by a business to the Port Authority in response to a request for bids (as defined in Minn. Stat. § 16C.02 subd. 11), are private or nonpublic until the time and date specified in the solicitation that bids are due, at which time the name of the bidder and the dollar amount specified in the response become public. All other data in a bidder’s response to a bid are private or nonpublic data until the Port Authority has completed its evaluation and has ranked the responses. After this, all remaining data submitted by all bidders are public, with the exception of trade secret data, as defined in the Data Practices Act. If all responses to a request for bids are rejected prior to completion of the selection process, all data, other than the name of the bidder and the dollar amount specified in the response, remain private or nonpublic until a resolicitation of bids results in completion of the selection process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the selection process, the data remain public. If a resolicitation of bids does not occur within one year of the bid opening date, the remaining data become public.

Per Minn. Stat. § 13.591, subd. 3(b), data submitted by a business to the Port Authority in response to a request for proposal (as defined in Minn. Stat. § 16C.02 subd. 12), are private or nonpublic until the time and date specified in the solicitation that proposals are due, at which time the name of the responder becomes public. All other data in a responder’s response to a request for proposal are private or nonpublic data until the Port Authority has completed negotiating the contract with the selected vendor. After this, all remaining data submitted by all responders are public with the exception of trade secret data, as defined in the Data Practices Act. If all responses to a request for proposal are rejected prior to completion of the evaluation process, all data, other than the names of the responders, remain private or nonpublic until a resolicitation of the requests for proposal results in completion of the evaluation process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the evaluation process, the data remain public. If a resolicitation of proposals does not occur within one year of the proposal opening date, the remaining data become public.

Purpose and intended use of the data: If you submit a New Vendor Form, the information you provide will be used by Port Authority staff members to consider your business for future Saint Paul Port Authority projects and contracting opportunities.

Port Authority staff involved in the vendor selection and contracting process will have access to the data provided.  Your information may also be shared by court order or provided to a state or legislative auditor upon request.

Whether you may refuse or are legally required to supply this data: Completing the New Vendor Form as well as supplying any data in the New Vendor Form is voluntary.

Consequences arising from supplying or refusing to supply this data: Filling out the New Vendor Form is voluntary, but refusal to complete the New Vendor Form may prevent us from processing your submittal or considering your business for future Saint Paul Port Authority projects and contracting opportunities.