Connecticut 2011 Regular Session

Connecticut Senate Bill SB00850 Compare Versions

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11 General Assembly Raised Bill No. 850
22 January Session, 2011 LCO No. 2552
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44 Referred to Committee on Labor and Public Employees
55 Introduced by:
66 (LAB)
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88 General Assembly
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1010 Raised Bill No. 850
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1212 January Session, 2011
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1414 LCO No. 2552
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16-*_____SB00850LABGAE030211____*
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1818 Referred to Committee on Labor and Public Employees
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2020 Introduced by:
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2222 (LAB)
2323
2424 AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES, DEPARTMENT OF TRANSPORTATION AND PREQUALIFICATION AND EVALUATION OF CONTRACTORS.
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2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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2828 Section 1. Subsection (i) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
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3030 (i) The commissioner [may not issue or renew] shall deny a prequalification certificate to any contractor or substantial subcontractor (1) who is disqualified pursuant to section 31-57c or 31-57d, [or] (2) who has a principal or key personnel who, within the past five years, has a conviction or has entered a plea of guilty or nolo contendere for or has admitted to commission of an act or omission that reasonably could have resulted in disqualification pursuant to any provision of subdivisions (1) to (3), inclusive, of subsection (d) of section 31-57c or subdivisions (1) to (3), inclusive, of subsection (d) of section 31-57d, as determined by the commissioner, or (3) who, within the past five years, has received three or more unsatisfactory written evaluations.
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3232 Sec. 2. Subsection (o) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
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3434 (o) Any contractor or substantial subcontractor aggrieved by the commissioner's final determination concerning a preliminary determination, a denial of certification, a reduction in prequalification classification or aggregate work capacity rating or a revocation [or nonrenewal] of certification may appeal to the Superior Court in accordance with section 4-183.
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3636 Sec. 3. Subsection (e) of section 4a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
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3838 (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, 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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4040 Sec. 4. Section 13b-20n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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4242 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. Such regulations shall be adopted not later than October 1, 2012, and 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, provided no bidder shall be deemed prequalified if such bidder has, within the past seven years, received three or more unsatisfactory written evaluations of the bidder's performance on public or private projects, 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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4747 This act shall take effect as follows and shall amend the following sections:
4848 Section 1 October 1, 2011 4a-100(i)
4949 Sec. 2 October 1, 2011 4a-100(o)
5050 Sec. 3 October 1, 2011 4a-101(e)
5151 Sec. 4 from passage 13b-20n
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5353 This act shall take effect as follows and shall amend the following sections:
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5555 Section 1
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5757 October 1, 2011
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5959 4a-100(i)
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6161 Sec. 2
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6363 October 1, 2011
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6565 4a-100(o)
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6767 Sec. 3
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6969 October 1, 2011
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7171 4a-101(e)
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7373 Sec. 4
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7575 from passage
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7777 13b-20n
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79+Statement of Purpose:
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81+To modify the contractor prequalification statutes so the Department of Administrative Services and Department of Transportation may more effectively identify contractors with past unsatisfactory contract performances.
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81-LAB Joint Favorable C/R GAE
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83-LAB
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85-Joint Favorable C/R
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87-GAE
83+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]