| 13 | 25 | | |
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| 14 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 27 | | |
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| 16 | 28 | | Section 1. Section 4b-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 17 | 29 | | |
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| 18 | 30 | | (a) Subject to the provisions of section 4b-30 the commissioner may lease state-owned land or buildings, or both, and facilities to (1) municipalities for municipal use, or (2) private individuals or concerns for private use, when such land, buildings and facilities are otherwise not used or needed for state use and such action seems desirable to produce income or is otherwise in the public interest, provided the Treasurer has determined that such action will not affect the status of any tax-exempt obligations issued or to be issued by the state of Connecticut. |
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| 19 | 31 | | |
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| 20 | 32 | | (b) The commissioner may also lease or license any land or interest therein for the following purposes, provided the Treasurer has determined that such action will not affect the status of any tax-exempt obligations issued or to be issued by the state of Connecticut: |
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| 21 | 33 | | |
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| 22 | 34 | | (1) To enter into leases [of] or licensing agreements concerning space on major pedestrian access levels and courtyards, [and] rooftops and other areas of any public building with persons, firms or organizations engaged in commercial, cultural, educational or recreational activities. The commissioner shall establish a rental rate or licensing fee for such leased space equivalent to the prevailing commercial rate or fee for comparable space devoted to a similar purpose in the vicinity of the public building. Such leases or licensing agreements may be negotiated without competitive bids, but shall contain such terms and conditions and be negotiated pursuant to such procedures as the commissioner deems necessary to promote competition and to protect the public interest; |
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| 23 | 35 | | |
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| 24 | 36 | | (2) To make available, on occasion, or to lease at such rates and on such other terms and conditions as the commissioner deems to be in the public interest, auditoriums, meeting rooms, courtyards, rooftops and lobbies of public buildings to persons, firms or organizations engaged in cultural, educational or passive recreational activities that will not disrupt the operation of the building. |
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| 25 | 37 | | |
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| 26 | 38 | | (c) The commissioner shall deposit all payments received under leases, licensing agreements or rentals executed pursuant to subdivisions (1) and (2) of subsection (b) of this section in the General Fund, and each such payment shall be credited to the appropriation made from such fund for the operation of such building. |
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| 27 | 39 | | |
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| 28 | 40 | | (d) The commissioner may furnish utilities, maintenance, repair and other services to persons, firms or organizations leasing space pursuant to subdivisions (1) and (2) of subsection (b) of this section. Such services may be provided during and outside of regular working hours of state agencies. |
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| 29 | 41 | | |
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| 30 | 42 | | (e) The commissioner shall, where practicable, give priority in the assignment of space on any major pedestrian access level not leased under the terms of subdivisions (1) and (2) of subsection (b) of this section, in such buildings, to state activities requiring regular contact with members of the public, including colocation requirements for human services agencies under section 4b-31. To the extent such space is unavailable, the commissioner shall provide space with maximum ease of access to building entrances. |
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| 31 | 43 | | |
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| 32 | 44 | | (f) [Not] Except as provided in subsection (g) of this section, not less than two weeks before executing a lease [of] or license agreement concerning land, a building or facility or an interest in land under subsection (a) or (b) of this section, with a person, firm or corporation in the private sector, for a term of six months or more, the commissioner shall notify in writing the chief executive officer of the municipality in which the land, building, facility or interest is located concerning the proposed lease or licensing agreement and the manner in which the lessee or licensee proposes to use the land, building, facility or interest. Upon executing any such lease or licensing agreement, the commissioner shall forward a copy to the assessor or board of assessors of the municipality in which the leased or licensed property is located. |
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| 33 | 45 | | |
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| 34 | 46 | | (g) If the licensing agreement entered into in accordance with subsection (b) of this section grants the licensee only the right to access state-owned property (1) to perform a study or investigation of such property or any structures located on such property, or (2) to perform work on such property or structures, the commissioner shall not be required to notify the municipality of such agreement as required under subsection (f) of this section. |
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| 35 | 47 | | |
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| 36 | | - | [(g)] (h) Notwithstanding the provisions of this section, the board of trustees of a constituent unit of the state system of higher education may lease land or buildings, or both, and facilities under the control and supervision of such board when such land, buildings or facilities are otherwise not used or needed for use by the constituent unit and such action seems desirable to produce income or is otherwise in the public interest, provided the Treasurer has determined that such action will not affect the status of any tax-exempt obligations issued or to be issued by the state of Connecticut. Upon executing any such lease, said board shall forward a copy to the assessor or board of assessors of the municipality in which the leased property is located. The proceeds from any lease or rental agreement pursuant to this subsection shall be retained by the constituent unit. Any land so leased for private use and the buildings and appurtenances thereon shall be subject to local assessment and taxation annually in the name of the lessee, assignee or sublessee, whichever has immediate right to occupancy of such land or building, by the town wherein situated as of the assessment day of such town next following the date of leasing. Such land and the buildings and appurtenances thereon shall not be included as property of the constituent unit for the purpose of computing a grant in lieu of taxes pursuant to section 12-19a provided, if such property is leased to an organization which, if the property were owned by or held in trust for such organization would not be liable for taxes with respect to such property under section 12-81, such organization shall be entitled to exemption from property taxes as the lessee under such lease, and the portion of such property exempted and leased to such organization shall be eligible for a grant in lieu of taxes pursuant to [said] section 12-19a. |
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| 48 | + | [(g)] (h) Notwithstanding the provisions of this section, the board of trustees of a constituent unit of the state system of higher education may lease land or buildings, or both, and facilities under the control and supervision of such board when such land, buildings or facilities are otherwise not used or needed for use by the constituent unit and such action seems desirable to produce income or is otherwise in the public interest, provided the Treasurer has determined that such action will not affect the status of any tax-exempt obligations issued or to be issued by the state of Connecticut. Upon executing any such lease, said board shall forward a copy to the assessor or board of assessors of the municipality in which the leased property is located. The proceeds from any lease or rental agreement pursuant to this subsection shall be retained by the constituent unit. Any land so leased for private use and the buildings and appurtenances thereon shall be subject to local assessment and taxation annually in the name of the lessee, assignee or sublessee, whichever has immediate right to occupancy of such land or building, by the town wherein situated as of the assessment day of such town next following the date of leasing. Such land and the buildings and appurtenances thereon shall not be included as property of the constituent unit for the purpose of computing a grant in lieu of taxes pursuant to section 12-19a provided, if such property is leased to an organization which, if the property were owned by or held in trust for such organization would not be liable for taxes with respect to such property under section 12-81, such organization shall be entitled to exemption from property taxes as the lessee under such lease, and the portion of such property exempted and leased to such organization shall be eligible for a grant in lieu of taxes pursuant to said section 12-19a. |
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| 40 | | - | (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, except the awarding authority may permit a person who was prequalified under section 4a-100 when awarded the contract or subcontract but whose prequalification certificate was subsequently revoked, denied or not renewed during the course of such person's performance of the contract or subcontract, to continue to perform such contract or subcontract upon a written determination by the awarding authority that such continuance is in the best interest of the state or municipality and that there is good cause for such continuance. Such written determination shall be included in the report provided in accordance with section 4b-101a. |
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| 52 | + | (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 a public highway or bridge project or any other construction project administered by the Department of Transportation, or to perform work under such a contract as a substantial subcontractor] under this section; (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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| 42 | | - | Sec. 3. Subsection (b) of section 4b-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 54 | + | Sec. 3. Subsection (c) of section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 55 | + | |
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| 56 | + | (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, except the awarding authority may permit a person who was prequalified under section 4a-100, as amended by this act, when awarded the contract or subcontract but whose prequalification certificate was subsequently revoked, denied or not renewed during the course of such person's performance of the contract or subcontract to continue to perform such contract or subcontract upon a written determination by the awarding authority that such continuance is in the best interest of the state or municipality and that there is good cause for such continuance. Such written determination shall be included in the report provided in accordance with section 4b-101a. |
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| 57 | + | |
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| 58 | + | Sec. 4. Section 4b-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 59 | + | |
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| 60 | + | In inviting bids, the awarding authority shall reserve the right to reject any or all such general bids, if (1) the awarding authority determines that the general bidder or bidders involved are not competent to perform the work as specified, based on objective criteria established for making such determinations, including past performance and financial responsibility, (2) the low bid price exceeds the amount of money available for the project, (3) the awarding authority determines that the project shall not go forward, or (4) the awarding authority finds cause to reject such bids. The awarding authority shall reject the bid of any bidder who, during the past seven years, has received three or more unsatisfactory written evaluations, submitted in accordance with subsection (f) of section 4a-100. If the awarding authority rejects any or all bids pursuant to this section, it shall notify each affected bidder, in writing, of the reasons for such rejection. Nothing in this section shall be construed to limit the discretion of the awarding authority to determine the lowest responsible and qualified bidder. |
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| 61 | + | |
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| 62 | + | Sec. 5. Subsection (b) of section 4b-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 65 | + | |
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| 66 | + | Sec. 6. Subdivision (22) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 67 | + | |
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| 68 | + | (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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| 51 | | - | Sec. 2 October 1, 2011 4b-91(c) |
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| 52 | | - | Sec. 3 October 1, 2011 4b-100(b) |
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| 75 | + | Sec. 2 October 1, 2011 4a-100(a) |
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| 76 | + | Sec. 3 October 1, 2011 4b-91(c) |
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| 77 | + | Sec. 4 October 1, 2011 4b-94 |
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| 78 | + | Sec. 5 October 1, 2011 4b-100(b) |
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| 79 | + | Sec. 6 October 1, 2011 4e-1(22) |
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