Connecticut 2019 Regular Session

Connecticut Senate Bill SB01076 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 5888 1 of 6
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5	5	General Assembly Raised Bill No. 1076
6	6	January Session, 2019
7	7	LCO No. 5888
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9	9
10	10	Referred to Committee on PLANNING AND DEVELOPMENT
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12	12
13	13	Introduced by:
14	14	(PD)
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19	19	AN ACT CONCERNING CO OPERATIVE PURCHASING CONTRACTS .
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Subsection (b) of section 10-287 of the general statutes is 1
24	24	repealed and the following is substituted in lieu thereof (Effective July 2
25	25	1, 2019): 3
26	26	(b) (1) All orders and contracts for school building construction 4
27	27	receiving state assistance under this chapter, except as provided in 5
28	28	subdivision (2) of this subsection, shall be awarded through a 6
29	29	cooperative purchasing contract available through a regional 7
30	30	educational service center or regional council of governments, or to the 8
31	31	lowest responsible qualified bidder only after a public invitation to 9
32	32	bid, which shall be advertised on the Internet web site of the 10
33	33	Department of Administrative Services or in a newspaper having 11
34	34	general circulation in the [town in which construction is to take place,] 12
35	35	state, except for (A) school building projects for which the town or 13
36	36	regional school district is using a state contract pursuant to subsection 14
37	37	(d) of section 10-292, and (B) change orders, those contracts or orders 15
38	38	costing less than ten thousand dollars and those of an emergency 16 Raised Bill No. 1076
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42	42	LCO No. 5888 2 of 6
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44	44	nature, as determined by the Commissioner of Administrative 17
45	45	Services, in which cases the contractor or vendor may be selected by 18
46	46	negotiation, provided no local fiscal regulations, ordinances or charter 19
47	47	provisions conflict. 20
48	48	(2) All orders and contracts for architectural or construction 21
49	49	management services shall be awarded from a pool of not more than 22
50	50	the four most responsible qualified proposers after a public selection 23
51	51	process. Such process shall, at a minimum, involve requests for 24
52	52	qualifications, followed by requests for proposals, including fees, from 25
53	53	the proposers meeting the qualifications criteria of the request for 26
54	54	qualifications process. Public advertisements shall be required in a 27
55	55	newspaper having circulation in the town in which construction is to 28
56	56	take place, except for school building projects for which the town or 29
57	57	regional school district is using a state contract pursuant to subsection 30
58	58	(d) of section 10-292. Following the qualification process, the awarding 31
59	59	authority shall evaluate the proposals to determine the four most 32
60	60	responsible qualified proposers using those criteria previously listed in 33
61	61	the requests for qualifications and requests for proposals for selecting 34
62	62	architectural or construction management services specific to the 35
63	63	project or school district. Such evaluation criteria shall include due 36
64	64	consideration of the proposer's pricing for the project, experience with 37
65	65	work of similar size and scope as required for the order or contract, 38
66	66	organizational and team structure for the order or contract, past 39
67	67	performance data, including, but not limited to, adherence to project 40
68	68	schedules and project budgets and the number of change orders for 41
69	69	projects, the approach to the work required for the contract and 42
70	70	documented contract oversight capabilities, and may include criteria 43
71	71	specific to the project. Final selection by the awarding authority is 44
72	72	limited to the pool of the four most responsible qualified proposers 45
73	73	and shall include consideration of all criteria included within the 46
74	74	request for proposals. As used in this subdivision, "most responsible 47
75	75	qualified proposer" means the proposer who is qualified by the 48
76	76	awarding authority when considering price and the factors necessary 49
77	77	for faithful performance of the work based on the criteria and scope of 50 Raised Bill No. 1076
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81	81	LCO No. 5888 3 of 6
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83	83	work included in the request for proposals. 51
84	84	Sec. 2. Subsection (a) of section 4b-91 of the general statutes is 52
85	85	repealed and the following is substituted in lieu thereof (Effective July 53
86	86	1, 2019): 54
87	87	(a) (1) As used in this section, "prequalification classification" means 55
88	88	the prequalification classifications established by the Commissioner of 56
89	89	Administrative Services pursuant to section 4a-100, "public agency" 57
90	90	has the same meaning as provided in section 1-200, "awarding 58
91	91	authority" means the Department of Administrative Services, except 59
92	92	"awarding authority" means (A) the Joint Committee on Legislative 60
93	93	Management, in the case of a contract for the construction of or work 61
94	94	on a building or other public work under the supervision and control 62
95	95	of the joint committee, (B) a constituent unit of the state system of 63
96	96	higher education, in the case of a contract for the construction of or 64
97	97	work on a building or other public work under the supervision and 65
98	98	control of such constituent unit, or (C) the Military Department, in the 66
99	99	case of a contract for the construction of or work on a building or other 67
100	100	public work under the supervision and control of said department and 68
101	101	"community court project", "downtown Hartford higher education 69
102	102	center project", "correctional facility project", "juvenile detention center 70
103	103	project" and "priority higher education facility project" have the same 71
104	104	meanings as provided in section 4b-55. 72
105	105	(2) Except as provided in subdivision (3) of this subsection, every 73
106	106	contract for the construction, reconstruction, alteration, remodeling, 74
107	107	repair or demolition of any public building or any other public work 75
108	108	by the state that is estimated to cost more than five hundred thousand 76
109	109	dollars shall be awarded to the lowest responsible and qualified 77
110	110	general bidder who is prequalified pursuant to section 4a-100 on the 78
111	111	basis of competitive bids in accordance with the procedures set forth in 79
112	112	this chapter, after the awarding authority has invited such bids by 80
113	113	posting notice on the State Contracting Portal. The awarding authority 81
114	114	shall indicate the prequalification classification required for the 82
115	115	contract in such notice. 83 Raised Bill No. 1076
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119	119	LCO No. 5888 4 of 6
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121	121	(3) The requirements set forth in subdivision (2) of this subsection 84
122	122	shall not apply to (A) a public highway or bridge project or any other 85
123	123	construction project administered by the Department of 86
124	124	Transportation, or (B) a contract awarded by the Commissioner of 87
125	125	Administrative Services for (i) any public building or other public 88
126	126	works project administered by the Department of Administrative 89
127	127	Services that is estimated to cost one million five hundred thousand 90
128	128	dollars or less, (ii) a community court project, (iii) the downtown 91
129	129	Hartford higher education center project, (iv) a correctional facility 92
130	130	project, (v) a juvenile detention center project, or (vi) a student 93
131	131	residential facility for the Connecticut State University System that is a 94
132	132	priority higher education facility project. 95
133	133	(4) Every contract for the construction, reconstruction, alteration, 96
134	134	remodeling, repair or demolition of any public building or any other 97
135	135	public work by a public agency that is paid for, in whole or in part, 98
136	136	with state funds and that is estimated to cost more than five hundred 99
137	137	thousand dollars shall be awarded to a bidder that is prequalified 100
138	138	pursuant to section 4a-100 after the public agency has invited such bids 101
139	139	by posting notice on the State Contracting Portal, except for (A) a 102
140	140	public highway or bridge project or any other construction project 103
141	141	administered by the Department of Transportation, [or] (B) any public 104
142	142	building or other public works project administered by the 105
143	143	Department of Administrative Services that is estimated to cost one 106
144	144	million five hundred thousand dollars or less. The awarding authority 107
145	145	or public agency, as the case may be, shall indicate the prequalification 108
146	146	classification required for the contract in such notice, or (C) a 109
147	147	cooperative purchasing contract utilized by such agency and offered 110
148	148	through a regional educational service center or regional council of 111
149	149	governments. 112
150	150	(5) (A) The Commissioner of Administrative Services may select 113
151	151	contractors to be on lists established for the purpose of providing 114
152	152	contractor services for the construction, reconstruction, alteration, 115
153	153	remodeling, repair or demolition of any public building or other public 116
154	154	works project administered by the Department of Administrative 117 Raised Bill No. 1076
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158	158	LCO No. 5888 5 of 6
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160	160	Services involving an expense to the state of one million five hundred 118
161	161	thousand dollars or less. The commissioner sha ll use the 119
162	162	prequalification classifications established pursuant to section 4a-100 120
163	163	to determine the specific categories of services that contractors may 121
164	164	perform after being selected in accordance with this subparagraph and 122
165	165	subparagraph (B) of this subdivision and awarded a contract in 123
166	166	accordance with subparagraph (C) of this subdivision. The 124
167	167	commissioner may establish a separate list for projects involving an 125
168	168	expense to the state of less than five hundred thousand dollars for the 126
169	169	purpose of selecting and utilizing the services of small contractors and 127
170	170	minority business enterprises, as such terms are defined in section 4a-128
171	171	60g. 129
172	172	(B) The commissioner shall invite contractors to submit 130
173	173	qualifications for each specific category of services sought by the 131
174	174	department by posting notice of such invitation on the State 132
175	175	Contracting Portal. The notice shall be in the form determined by the 133
176	176	commissioner, and shall set forth the information that a contractor is 134
177	177	required to submit to be considered for selection. Upon receipt of the 135
178	178	submittal from the contractor, the commissioner shall select, for each 136
179	179	specified category, those contractors who (i) are determined to be the 137
180	180	most responsible and qualified, as such terms are defined in section 4b-138
181	181	92, to perform the work required under the specified category, (ii) have 139
182	182	demonstrated the skill, ability and integrity to fulfill contract 140
183	183	obligations considering their past performance, financial responsibility 141
184	184	and experience with projects of the size, scope and complexity 142
185	185	required by the state under the specified category, and (iii) for projects 143
186	186	with a cost exceeding five hundred thousand dollars, have the ability 144
187	187	to obtain the requisite bonding. The commissioner shall establish the 145
188	188	duration that each list remains in effect, which in no event may exceed 146
189	189	three years. 147
190	190	(C) For any public building or public works project involving an 148
191	191	expense to the state of one million five hundred thousand dollars or 149
192	192	less, the commissioner shall invite bids from only those contractors 150
193	193	selected pursuant to subparagraphs (A) and (B) of this subdivision for 151 Raised Bill No. 1076
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197	197	LCO No. 5888 6 of 6
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199	199	the specific category of services required for the particular project. The 152
200	200	commissioner shall determine the form of bid invitation, the manner 153
201	201	of, and time for, submission of bids, and the conditions and 154
202	202	requirements of such bids. The contract shall be awarded to the lowest 155
203	203	responsible and qualified bidder, subject to the provisions of sections 156
204	204	4b-92 and 4b-94. In the event that fewer than three bids are received in 157
205	205	response to an invitation to bid under this subdivision, or that all the 158
206	206	bids are in excess of the amount of available funds for the project, the 159
207	207	commissioner may negotiate a contract with any of the contractors 160
208	208	submitting a bid, or reject the bids received and rebid the project in 161
209	209	accordance with this section. 162
210	210	This act shall take effect as follows and shall amend the following
211	211	sections:
212	212
213	213	Section 1 July 1, 2019 10-287(b)
214	214	Sec. 2 July 1, 2019 4b-91(a)
215	215
216	216	Statement of Purpose:
217	217	To authorize the use of cooperative purchasing contracts in certain
218	218	building projects.
219	219	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
220	220	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
221	221	not underlined.]
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