| 18 | | - | Sec. 2. Subsection (b) of section 4a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 30 | + | Sec. 2. Section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 31 | + | |
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| 32 | + | For the purposes of sections 4e-1 to 4e-47, inclusive, and section 3 of this act: |
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| 33 | + | |
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| 34 | + | (1) "Best value selection" means a contract selection process in which the award of a contract is based on a combination of quality, timeliness and cost factors; |
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| 35 | + | |
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| 36 | + | (2) "Bid" means an offer, submitted in response to an invitation to bid, to furnish supplies, materials, equipment, construction or contractual services to a state contracting agency under prescribed conditions at a stated price; |
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| 37 | + | |
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| 38 | + | (3) "Bidder" means a business submitting a bid in response to an invitation to bid by a state contracting agency; |
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| 39 | + | |
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| 40 | + | (4) "Business" means any individual or sole proprietorship, partnership, firm, corporation, trust, limited liability company, limited liability partnership, joint stock company, joint venture, association or other legal entity through which business for profit or not-for-profit is conducted; |
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| 41 | + | |
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| 42 | + | (5) "Competitive bidding" means the submission of prices by a business competing for a contract to provide supplies, materials, equipment or contractual services to a state contracting agency, under a procedure in which the contracting authority does not negotiate prices, as set forth in statutes and regulations concerning procurement; |
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| 43 | + | |
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| 44 | + | (6) "Consultant" means (A) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice such person's profession in accordance with the applicable provisions of the general statutes, (B) any planner or any environmental, management or financial specialist, or (C) any person who performs professional work in areas including, but not limited to, educational services, medical services, information technology and real estate appraisal; |
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| 45 | + | |
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| 46 | + | (7) "Consultant services" means those professional services rendered by a consultant and any incidental services that a consultant and those in the consultant's employ are authorized to perform; |
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| 47 | + | |
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| 48 | + | (8) "Contract" or "state contract" means an agreement or a combination or series of agreements between a state contracting agency or quasi-public agency and a business for: |
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| 49 | + | |
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| 50 | + | (A) A project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building, public work, mass transit, rail station, parking garage, rail track or airport; |
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| 51 | + | |
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| 52 | + | (B) Services, including, but not limited to, consultant and professional services; |
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| 53 | + | |
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| 54 | + | (C) The acquisition or disposition of personal property; |
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| 55 | + | |
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| 56 | + | (D) The provision of goods and services, including, but not limited to, the use of purchase of services contracts and personal service agreements; |
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| 57 | + | |
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| 58 | + | (E) The provision of information technology, state agency information system or telecommunication system facilities, equipment or services; |
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| 59 | + | |
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| 60 | + | (F) A lease; or |
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| 61 | + | |
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| 62 | + | (G) A licensing agreement; |
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| 63 | + | |
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| 64 | + | "Contract" or "state contract" does not include a contract between a state agency or a quasi-public agency and a political subdivision of the state; |
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| 65 | + | |
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| 66 | + | (9) "Term contract" means the agreement reached when the state accepts a bid or proposal to furnish supplies, materials, equipment or contractual services at a stated price for a specific period of time in response to an invitation to bid; |
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| 67 | + | |
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| 68 | + | (10) "Contract risk assessment" means (A) the identification and evaluation of loss exposures and risks, including, but not limited to, business and legal risks associated with the contracting process and the contracted goods and services, and (B) the identification, evaluation and implementation of measures available to minimize potential loss exposures and risks; |
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| 69 | + | |
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| 70 | + | (11) "Contractor" means any business that is awarded, or is a subcontractor under, a contract or an amendment to a contract with a state contracting agency under statutes and regulations concerning procurement, including, but not limited to, a small contractor, minority business enterprise, an individual with a disability, as defined in section 4a-60, or an organization providing products and services by persons with disabilities; |
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| 71 | + | |
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| 72 | + | (12) "Contractual services" means the furnishing of labor by a contractor, not involving the delivery of a specific end product other than reports, which are merely incidental to the required performance and includes any and all laundry and cleaning service, pest control service, janitorial service, security service, the rental and repair, or maintenance, of equipment, machinery and other state-owned personal property, advertising and photostating, mimeographing, human services and other service arrangements where the services are provided by persons other than state employees. "Contractual services" includes the design, development and implementation of technology, communications or telecommunications systems or the infrastructure pertaining thereto, including hardware and software and services for which a contractor is conferred a benefit by the state, whether or not compensated by the state. "Contractual services" does not include employment agreements or collective bargaining agreements; |
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| 73 | + | |
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| 74 | + | (13) "Data" means recorded information, regardless of form or characteristic; |
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| 75 | + | |
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| 76 | + | (14) "Vote of two-thirds of the members of the board present and voting" means a vote by the State Contracting Standards Board that is agreed upon by two-thirds of the members of the State Contracting Standards Board present and voting for a particular purpose and that includes the vote of one member of the board appointed by a legislative leader; |
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| 77 | + | |
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| 78 | + | (15) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology; |
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| 79 | + | |
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| 80 | + | (16) "Emergency procurement" means procurement by a state contracting agency, quasi-public agency, as defined in section 1-120, judicial department or constituent unit of higher education that is made necessary by a sudden, unexpected occurrence that poses a clear and imminent danger to public safety or requires immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services or in response to a court order, settlement agreement or other similar legal judgment; |
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| 81 | + | |
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| 82 | + | (17) "Equipment" means personal property of a durable nature that retains its identity throughout its useful life; |
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| 83 | + | |
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| 84 | + | (18) "Materials" means items required to perform a function or used in a manufacturing process, particularly those incorporated into an end product or consumed in its manufacture; |
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| 85 | + | |
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| 86 | + | (19) "Nonprofit agency" means any organization that is not a for-profit business under 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, makes no distribution to its members, directors or officers and provides services contracted for by (A) the state, or (B) a nonstate entity; |
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| 87 | + | |
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| 88 | + | (20) "Professional services" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, including, but not limited to, the professional services of architects, professional engineers, or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, attorneys-at-law, psychologists, licensed marital and family therapists, licensed professional counselors and licensed clinical social workers as well as such other professional services described in section 33-182a; |
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| 89 | + | |
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| 90 | + | (21) "Privatization contract" means an agreement or series of agreements between a state contracting agency and a person or entity in which such person or entity agrees to provide services that are substantially similar to and in lieu of services provided, in whole or in part, by state employees, other than contracts with a nonprofit agency, which are in effect as of January 1, 2009, and which through a renewal, modification, extension or rebidding of contracts continue to be provided by a nonprofit agency; |
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| 91 | + | |
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| 92 | + | (22) "Procurement" means contracting for, buying, purchasing, renting, leasing or otherwise acquiring or disposing of, any supplies, services, including but not limited to, contracts for purchase of services and personal service agreements, interest in real property, or construction, and includes all government functions that relate to such activities, including best value selection and qualification based selection; |
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| 93 | + | |
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| 94 | + | (23) "Proposer" means a business submitting a proposal to a state contracting agency in response to a request for proposals or other competitive sealed proposal; |
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| 95 | + | |
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| 96 | + | (24) "Public record" means a public record, as defined in section 1-200; |
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| 97 | + | |
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| 98 | + | (25) "Qualification based selection" means a contract selection process in which the award of a contract is primarily based on an assessment of contractor qualifications and on the negotiation of a fair and reasonable price; |
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| 99 | + | |
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| 100 | + | (26) "Regulation" means regulation, as defined in section 4-166; |
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| 101 | + | |
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| 102 | + | (27) "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals; |
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| 103 | + | |
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| 104 | + | (28) "State contracting agency" means any executive branch agency, board, commission, department, office, institution or council. "State contracting agency" does not include the judicial branch, the legislative branch, the offices of the Secretary of the State, the State Comptroller, the Attorney General, the State Treasurer, with respect to their constitutional functions, any state agency with respect to contracts specific to the constitutional and statutory functions of the office of the State Treasurer. For the purposes of section 4e-16 and section 3 of this act, state contracting agency includes any constituent unit of the state system of higher education; |
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| 105 | + | |
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| 106 | + | (29) "Subcontractor" means a subcontractor of a contractor for work under a contract or an amendment to a contract; |
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| 107 | + | |
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| 108 | + | (30) "Supplies" means any and all articles of personal property, including, but not limited to, equipment, materials, printing, insurance and leases of real property, excluding land or a permanent interest in land furnished to or used by any state agency; |
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| 109 | + | |
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| 110 | + | (31) "Infrastructure facility" means a building, structure or network of buildings, structures, pipes, controls and equipment that provide transportation, utilities, public education or public safety services. Infrastructure facility includes government office buildings, public schools, jails, water treatment plants, distribution systems and pumping stations, wastewater treatment plants, collections systems and pumping stations, solid waste disposal plants, incinerators, landfills, and related facilities, public roads and streets, highways, public parking facilities, public transportation systems, terminals and rolling stock, rail, air and water port structures, terminals and equipment; and |
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| 111 | + | |
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| 112 | + | (32) "State employee" means state employee, as defined in section 5-154 and, for purposes of section 4e-16, state employee includes an employee of any state contracting agency. |
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| 113 | + | |
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| 114 | + | Sec. 3. (NEW) (Effective October 1, 2010) (a) Any state contract (1) with a duration of ten years of more, or (2) containing a provision that permits the extension of such contract for a duration of ten years or more, shall be filed by the state contracting agency with the clerks of the House of Representatives and the Senate not later than ten days after the date on which such contract is entered into. Any such contract shall have no effect unless approved by the General Assembly in accordance with subsection (b) of this section. |
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| 115 | + | |
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| 116 | + | (b) Not later than thirty days after such filing, the General Assembly may approve any such contract as a whole by a majority vote of each house or may reject such contract as a whole by a majority vote of either house. The contract shall be deemed approved if the General Assembly fails to vote to approve or reject such contract not later than thirty days after such filing. If rejected, the contract shall be returned to the contracting state agency for further negotiation. |
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| 117 | + | |
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| 118 | + | Sec. 4. Subsection (b) of section 4a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 32 | | - | (e) No person, public agency, employee of a public agency or certifying official of a public agency shall be held liable to any contractor, substantial subcontractor or subcontractor for any loss or injury sustained by such contractor, substantial subcontractor or subcontractor as the result of the completion of an evaluation form, as required by this section or by section 4a-100, as amended by this act, unless such person, agency, employee or official is found by a court of competent jurisdiction to have acted in a wilful, wanton or reckless manner. |
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| 33 | | - | |
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| 34 | | - | Sec. 6. Subsection (a) of section 4a-100 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 35 | | - | |
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| 36 | | - | (a) As used in this section: (1) "Prequalification" means prequalification issued by the Commissioner of Administrative Services to bid on a contract or perform work pursuant to a contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, [except] including a public highway or bridge project or any other construction project administered by the Department of Transportation, [or] except to perform work under such a contract as a substantial subcontractor; (2) "subcontractor" means a person who performs work with a value in excess of twenty-five thousand dollars for a contractor pursuant to a contract for work for the state or a municipality which is estimated to cost more than five hundred thousand dollars; (3) "principals and key personnel" includes officers, directors, shareholders, members, partners and managerial employees; (4) "aggregate work capacity rating" means the maximum amount of work an applicant is capable of undertaking for any and all projects; (5) "single project limit" means the highest estimated cost of a single project that an applicant is capable of undertaking; (6) "contract" means an agreement for work for the state or a municipality that is estimated to cost more than five hundred thousand dollars and is funded, in whole or in part, by state funds; and (7) "substantial subcontractor" means a person who performs work with a value in excess of five hundred thousand dollars for a contractor pursuant to a contract for work for the state or a municipality which is estimated to cost more than five hundred thousand dollars. |
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| 37 | | - | |
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| 38 | | - | Sec. 7. Subsection (l) of section 4a-100 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 39 | | - | |
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| 40 | | - | (l) The commissioner shall provide written notice of any revocation, disqualification, reduction in classification or capacity rating or reinstated prequalification to the Commissioner of Public Works, the Commissioner of Transportation, the Commissioner of Consumer Protection and the President of The University of Connecticut not later than thirty days after any final determination. |
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| 41 | | - | |
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| 42 | | - | Sec. 8. Section 4b-91 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 43 | | - | |
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| 44 | | - | (a) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state [except] including a public highway or bridge project or any other construction project administered by the Department of Transportation, which is estimated to cost more than five hundred thousand dollars, except a contract awarded by the Commissioner of Public Works for (1) a community court project, as defined in subsection (j) of section 4b-55, (2) the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, (3) a correctional facility project, as defined in subsection (m) of section 4b-55, (4) a juvenile detention center project, as defined in subsection (n) of section 4b-55, or (5) a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55, shall be awarded to the lowest responsible and qualified general bidder who is prequalified pursuant to section 4a-100, as amended by this act, on the basis of competitive bids in accordance with the procedures set forth in this chapter, after the Commissioner of Public Works or, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, the joint committee or, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of one of the constituent units of the state system of higher education, the constituent unit or, in the case of a contract for a public highway or bridge project or other construction project administered by the Department of Transportation, the Commissioner of Transportation, has invited such bids by notice posted on the State Contracting Portal. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by a public agency that is paid for, in whole or in part, with state funds and that is estimated to cost more than five hundred thousand dollars [, except a public highway or bridge project or any other construction project administered by the Department of Transportation,] shall be awarded to a bidder that is prequalified pursuant to section 4a-100, as amended by this act, after the public agency has invited such bids by notice posted on the State Contracting Portal. The Commissioner of Public Works, the Commissioner of Transportation, the joint committee, the constituent unit or the public agency, as the case may be, shall indicate the prequalification classification required for the contract in such notice. As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100, as amended by this act. As used in this section, "public agency" means public agency, as defined in section 1-200. |
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| 45 | | - | |
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| 46 | | - | (b) The Commissioner of Public Works, the Commissioner of Transportation, the joint committee or the constituent unit, as the case may be, shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of sections 4b-91 to 4b-96, inclusive, as amended by this act. Such award shall be made not later than ninety days after the opening of such bids. If the general bidder selected as the general contractor fails to perform the general contractor's agreement to execute a contract in accordance with the terms of the general contractor's general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder. No employee of the Department of Public Works, the Department of Transportation, the joint committee or a constituent unit with decision-making authority concerning the award of a contract and no public official, as defined in section 1-79, may communicate with any bidder prior to the award of the contract if the communication results in the bidder receiving information about the contract that is not available to other bidders, except that if the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the Commissioner of Public Works, the Commissioner of Transportation, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on said basis is refused by such bidder, the Commissioner of Public Works, the Commissioner of Transportation, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided in this section, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on such general bidder's general bid form. |
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| 47 | | - | |
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| 48 | | - | (c) No person may bid on a contract or perform work pursuant to a contract that is subject to the provisions of subsection (a) of this section unless the person is prequalified in accordance with section 4a-100, as amended by this act. |
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| 49 | | - | |
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| 50 | | - | (d) Each bid submitted for a contract described in subsection (c) of this section shall include an update bid statement in such form as the Commissioner of Administrative Services prescribes and, if required by the public agency soliciting such bid, a copy of the prequalification certificate issued by the Commissioner of Administrative Services. The form for such update bid statement shall provide space for information regarding all projects completed by the bidder since the date the bidder's prequalification certificate was issued or renewed, all projects the bidder currently has under contract, including the percentage of work on such projects not completed, the names and qualifications of the personnel who will have supervisory responsibility for the performance of the contract, any significant changes in the bidder's financial position or corporate structure since the date the certificate was issued or renewed, any change in the contractor's qualification status as determined by the provisions of subdivision (6) of subsection (c) of section 4a-100 and such other relevant information as the Commissioner of Administrative Services prescribes. Any bid submitted without a copy of the prequalification certificate, if required by the public agency soliciting such bid, and an update bid statement shall be deemed invalid. Any public agency that accepts a bid submitted without a copy of such prequalification certificate, if required by such public agency soliciting such bid, and an update bid statement may become ineligible for the receipt of funds related to such bid. |
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| 51 | | - | |
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| 52 | | - | (e) Any person who bids on a contract described in subsection (c) of this section shall certify under penalty of false statement at the conclusion of the bidding process that the information in the bid is true, that there has been no substantial change in the bidder's financial position or corporate structure since the bidder's most recent prequalification certificate was issued or renewed, other than those changes noted in the update bid statement, and that the bid was made without fraud or collusion with any person. |
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| 53 | | - | |
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| 54 | | - | (f) Any person who receives information from a state employee or public official that is not available to the general public concerning any construction, reconstruction, alteration, remodeling, repair or demolition project on a public building or any other public work prior to the date that a notice for bids on the project is posted shall be disqualified from bidding on the project. |
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| 55 | | - | |
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| 56 | | - | (g) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors who are prequalified pursuant to section 4a-100, as amended by this act, and submit the three selected contractors to the construction services award panels process described in section 4b-100a and any regulation adopted by the commissioner. The commissioner may negotiate with the successful bidder a contract which is both fair and reasonable to the state for a community court project, as defined in subsection (j) of section 4b-55, the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, a correctional facility project, as defined in subsection (m) of section 4b-55, a juvenile detention center project, as defined in subsection (n) of section 4b-55, or a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55. The Commissioner of Public Works, prior to entering any such contract or performing any work on such project, shall submit such contract to the State Properties Review Board for review and approval or disapproval by the board, pursuant to subsection (i) of this section. Any general contractor awarded a contract pursuant to this subsection shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to subsection (b) of this section. |
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| 57 | | - | |
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| 58 | | - | (h) Any agency that seeks to have a project awarded without being subject to competitive bidding procedures shall certify to the joint committee of the General Assembly having cognizance of matters relating to government administration and elections that the project is of such an emergency nature that an exception to the competitive bidding procedures of this section is required. Such certification shall include input from all affected agencies, detail the need for the exception and include any relevant documentation. |
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| 59 | | - | |
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| 60 | | - | (i) In the event that the General Assembly approves legislation authorizing an exception to the competitive bidding process for a project, the State Properties Review Board shall complete a review of the contract for such project and approve or disapprove such contract no later than thirty days after the Commissioner of Public Works submits such contract to the board. Such review shall be conducted in accordance with the provisions of section 4b-3. In the event that such review does not occur within the thirty-day period prescribed by this subsection, such contract shall be deemed to be approved. |
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| 61 | | - | |
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| 62 | | - | (j) On and after October 5, 2009, no person whose subcontract exceeds five hundred thousand dollars in value may perform work as a subcontractor on a project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, [except a public highway or bridge project or any other construction project administered by the Department of Transportation,] which project is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds, unless the person is prequalified in accordance with section 4a-100, as amended by this act. The provisions of this subsection shall not apply to a project described in subdivision (2) of subsection (a) of this section. |
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| 63 | | - | |
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| 64 | | - | Sec. 9. Section 13a-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 65 | | - | |
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| 66 | | - | The commissioner may, at any time, call for bids to construct, alter, reconstruct, improve, relocate, widen or change the grade of sections of state highways or bridges. All bids shall be submitted on forms provided by the commissioner and shall comply with the rules and regulations provided in the bid specifications. The commissioner shall state the amount of the bond which shall accompany each bid and shall name the place where bids shall be received and the time and place for opening the same. Each bid shall be accompanied by a surety company bond satisfactory to the commissioner and in such sum as the commissioner determines, and shall be so conditioned that, if the contract is awarded to the bidder, such bidder shall, when required by the commissioner, execute an agreement in writing, to be prepared by said commissioner, with such bond as shall be acceptable to the commissioner, conditioned as provided in section 49-41. The commissioner may reject any and all bids if, in the commissioner's opinion, cause exists therefor; but otherwise the commissioner shall award the contract to the lowest bidder deemed to be responsible, provided such bidder is prequalified pursuant to section 4a-100, as amended by this act. The successful bidder shall give evidence satisfactory to said commissioner of such bidder's ability to perform the contract. When such contract is executed by the commissioner and the successful bidder, a copy of the contract, with an estimate of the cost of the work, shall be immediately filed with the commissioner. |
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| 67 | | - | |
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| 68 | | - | Sec. 10. Section 13b-20n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 69 | | - | |
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| 70 | | - | With respect to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building under the supervision and control of the Commissioner of Transportation which contract is estimated to cost more than five hundred thousand dollars and is not subject to section 4b-51, the Commissioner of Transportation shall award the contract to the lowest responsible and qualified bidder, as defined in section 4b-92, in accordance with regulations which the commissioner shall adopt, in accordance with chapter 54 and who has been prequalified pursuant to section 4a-100, as amended by this act. Such regulations shall establish, at a minimum: (1) Standards for the advertisement of opportunities to bid, (2) objective criteria for evaluating the qualifications of bidders, (3) the procedures for evaluating bids after the prequalification status of a bidder has been verified, and (4) award panels for the purpose of screening submitted proposals, interviewing bidders and making recommendations to the commissioner. Any contract that is subject to section 4b-51 shall be awarded by the Commissioner of Public Works in accordance with chapter 60. |
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| 132 | + | (e) No person, public agency, employee of a public agency or certifying official of a public agency shall be held liable to any contractor, substantial subcontractor or subcontractor for any loss or injury sustained by such contractor, substantial contractor or subcontractor as the result of the completion of an evaluation form, as required by this section or by section 4a-100, as amended by this act, unless such person, agency, employee or official is found by a court of competent jurisdiction to have acted in a wilful, wanton or reckless manner. |
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