General Assembly Substitute Bill No. 1133
January Session, 2013 *_____SB01133CE_LAB032613____*
General Assembly
Substitute Bill No. 1133
January Session, 2013
*_____SB01133CE_LAB032613____*
AN ACT CONCERNING BIDDING PREFERENCES IN STATE AND MUNICIPAL CONTRACTING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) (a) Notwithstanding any provision of the general statutes, a state contracting agency shall, in the invitation to bid for a project, allow each bidder, for the purpose of calculating bid points for the financial component of the bid, to adjust its bid by deducting the estimated amount of Connecticut state income taxes that would be paid during the term of the contract by all of the bidder's employees who would be employed directly on such project. Such adjustment shall be the sum of the following products, which shall be calculated for each employee assigned to the project: An assumed income tax rate of five per cent multiplied by the salary of the employee for such project multiplied by the proportion of the employee's time that would be assigned to the project.
(b) If a state contractor whose bid was adjusted pursuant to subsection (a) of this section is awarded the state contract and in executing such contract pays its employees less in the aggregate than the amount projected in such adjusted bid, the state contracting agency shall pay such contractor an amount less than the amount of the bid prior to its adjustment in accordance with subsection (a) of this section, and such amount shall be equal to the difference between (1) the amount of Connecticut income taxes projected to be paid by its employees in accordance with subsection (a) of this section, and (2) the estimated Connecticut income tax paid by its employees, when assuming an income tax rate of five per cent.
(c) Each state contracting agency that has awarded a contract to a contractor whose bid was adjusted pursuant to subsection (a) of this section shall confirm the number of employees actually employed in the state on such project by such contractor, annually in the case of a contract with a duration of more than a year and, if such contract has a duration of less than a year, prior to the final payment for such contract. If the state contracting agency determines that the payment of the contractor needs to be adjusted in accordance with subsection (b) of this section, the state contracting agency shall make such adjustment not later than a year after the awarding of such contract in the case of a contract with a duration of more than a year and, if such contract has a duration of less than a year, at the time of final payment for such contract.
Sec. 2. Section 7-148v of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
Notwithstanding the provisions of any municipal charter or any special act to the contrary, any municipality may, by ordinance, establish requirements for competitive bidding for the award of any contract or the purchase of any real or personal property by the municipality. Such ordinance may provide that [,] (1) except as otherwise required by any provision of the general statutes, sealed bidding shall not be required for contracts or purchases having a value less than or equal to an amount established in the ordinance, which amount shall not be greater than seven thousand five hundred dollars, and (2) all other factors being equal, preference shall be given to supplies, materials and equipment produced, assembled or manufactured in the state and services originating and provided in the state. Nothing in this section shall be deemed to invalidate any ordinance enacted by a municipality prior to October 1, 1989. Nothing in this section and no ordinance adopted pursuant to this section shall be construed to limit the ability of a municipality to enter into a contract pursuant to section 4a-53a.
Sec. 3. (NEW) (Effective October 1, 2013) The Commissioner of Administrative Services, in consultation with the Commissioner of Energy and Environmental Protection, shall develop a method by which to measure the environmental impact and cost of awarding a state construction contract to a bidder. Such method shall include, but not be limited to, a consideration of (1) the distance of such bidder from the project site, (2) fuel consumption resulting from the transportation of goods to the project site by such bidder, and (3) the potential pollution created by the transportation of such goods to the project site by such bidder. Not later than January 1, 2015, the Commissioner of Administrative Services shall incorporate such method in the awarding of state contracts.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 New section
Sec. 2 October 1, 2013 7-148v
Sec. 3 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
New section
Sec. 2
October 1, 2013
7-148v
Sec. 3
October 1, 2013
New section
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Joint Favorable Subst. C/R
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