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General Assembly Raised Bill No. 486
February Session, 2020
LCO No. 3031
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING RE QUIREMENTS FOR CONST RUCTION
MANAGERS THAT SELF -PERFORM PORTIONS OF SCHOOL
CONSTRUCTION PROJECT S.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 10-287 of the 2020 supplement to 1
the general statutes, as amended by section 6 of public act 19-1 of the 2
July special session, is repealed and the following is substituted in lieu 3
thereof (Effective July 1, 2020): 4
(b) (1) All orders and contracts for school building construction 5
receiving state assistance under this chapter, except as provided in 6
subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 7
the lowest responsible qualified bidder only after a public invitation to 8
bid, which shall be advertised in a newspaper having circulation in the 9
town in which construction is to take place, except for (A) school 10
building projects for which the town or regional school district is using 11
a state contract pursuant to subsection (d) of section 10-292, and (B) 12
change orders, those contracts or orders costing less than ten thousand 13
dollars and those of an emergency nature, as determined by the 14 Raised Bill No. 486
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Commissioner of Administrative Services, in which cases the contractor 15
or vendor may be selected by negotiation, provided no local fiscal 16
regulations, ordinances or charter provisions conflict. 17
(2) All orders and contracts for architectural services shall be 18
awarded from a pool of not more than the four most responsible 19
qualified proposers after a public selection process. Such process shall, 20
at a minimum, involve requests for qualifications, followed by requests 21
for proposals, including fees, from the proposers meeting the 22
qualifications criteria of the request for qualifications process. Public 23
advertisements shall be required in a newspaper having circulation in 24
the town in which construction is to take place, except for school 25
building projects for which the town or regional school district is using 26
a state contract pursuant to subsection (d) of section 10-292. Following 27
the qualification process, the awarding authority shall evaluate the 28
proposals to determine the four most responsible qualified proposers 29
using those criteria previously listed in the requests for qualifications 30
and requests for proposals for selecting architectural services specific to 31
the project or school district. Such evaluation criteria shall include due 32
consideration of the proposer's pricing for the project, experience with 33
work of similar size and scope as required for the order or contract, 34
organizational and team structure, including any subcontractors to be 35
utilized by the proposer, for the order or contract, past performance 36
data, including, but not limited to, adherence to project schedules and 37
project budgets and the number of change orders for projects, the 38
approach to the work required for the order or contract and documented 39
contract oversight capabilities, and may include criteria specific to the 40
project. Final selection by the awarding authority is limited to the pool 41
of the four most responsible qualified proposers and shall include 42
consideration of all criteria included within the request for proposals. 43
As used in this subdivision, "most responsible qualified proposer" 44
means the proposer who is qualified by the awarding authority when 45
considering price and the factors necessary for faithful performance of 46
the work based on the criteria and scope of work included in the request 47
for proposals. 48 Raised Bill No. 486
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(3) (A) All orders and contracts for construction management services 49
shall be awarded from a pool of not more than the four most responsible 50
qualified proposers after a public selection process. Such process shall, 51
at a minimum, involve requests for qualifications, followed by requests 52
for proposals, including fees, from the proposers meeting the 53
qualifications criteria of the request for qualifications process. Public 54
advertisements shall be required in a newspaper having circulation in 55
the town in which construction is to take place, except for school 56
building projects for which the town or regional school district is using 57
a state contract pursuant to subsection (d) of section 10-292. Following 58
the qualification process, the awarding authority shall evaluate the 59
proposals to determine the four most responsible qualified proposers 60
using those criteria previously listed in the requests for qualifications 61
and requests for proposals for selecting construction management 62
services specific to the project or school district. Such evaluation criteria 63
shall include due consideration of the proposer's pricing for the project, 64
experience with work of similar size and scope as required for the order 65
or contract, organizational and team structure for the order or contract, 66
past performance data, including, but not limited to, adherence to 67
project schedules and project budgets and the number of change orders 68
for projects, the approach to the work required for the order or contract, 69
including whether the proposer intends to self-perform any project 70
element and the benefit to the awarding authority that will result from 71
such self-performance, and documented contract oversight capabilities, 72
and may include criteria specific to the project. Final selection by the 73
awarding authority is limited to the pool of the four most responsible 74
qualified proposers and shall include consideration of all criteria 75
included within the request for proposals. As used in this subdivision, 76
"most responsible qualified proposer" means the proposer who is 77
qualified by the awarding authority when considering price and the 78
factors necessary for faithful performance of the work based on the 79
criteria and scope of work included in the request for proposals. 80
(B) Upon the written approval of the Commissioner of 81
Administrative Services, an awarding authority may permit a 82 Raised Bill No. 486
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construction manager to self-perform a portion of the construction work 83
if the awarding authority and the commissioner determine that the 84
construction manager can self-perform the work more cost-effectively 85
than a subcontractor [. All work not performed by the construction 86
manager shall be performed by trade subcontractors selected by a 87
process approved by the awarding authority and the commissioner.] 88
and if the construction manager identifies the project element at the time 89
of the original proposal or bid to the awarding authority. Each bid, 90
including the bid of the construction manager when submitting a bid 91
for any element of the work, shall be kept sealed until opened publicly 92
at the time and place as set forth in the invitation to bid. The construction 93
manager may only self-perform portions of the project for which the 94
construction manager is enrolled in a state-registered apprenticeship 95
program that provides related instruction for the type of work the 96
construction manager is self-performing and for which the construction 97
manager is prequalified under section 4a-100. The construction 98
manager's contract shall include a guaranteed maximum price for the 99
cost of construction. Such guaranteed maximum price shall be 100
determined not later than ninety days after the selection of the trade 101
subcontractors. The construction manager shall award any related 102
contracts for project elements to the responsible qualified contractor 103
submitting the lowest bid in compliance with the bid requirements of 104
this section. Construction shall not begin prior to the determination of 105
the guaranteed maximum price, except [work relating to site 106
preparation and demolition may com mence prior to such 107
determination.] for project elements of site preparation and demolition 108
that have been previously put out to bid and awarded. If the 109
construction manager is the successful bidder for the project element for 110
which he or she is bidding, the construction manager shall (1) be 111
prohibited from using any of the project contingency funds to assist in 112
the performance of such project element, (2) perform the work with 113
employees on the payroll of the construction manager, excluding 114
limited portions which are typically subcontracted, and (3) submit all 115
change orders on self-performed work to be reviewed by the awarding 116
authority or awarding authority's representative. 117 Raised Bill No. 486
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(4) All orders and contracts for any other consultant services, 118
including, but not limited to, consultant services rendered by an owner's 119
representatives, construction administrators, program managers, 120
environmental professionals, planners and financial specialists, shall 121
comply with the public selection process described in subdivision (2) of 122
this subsection. No costs associated with an order or contract for such 123
consultant services shall be eligible for state financial assistance under 124
this chapter unless such order or contract receives prior approval from 125
the Commissioner of Administrative Services. 126
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 10-287(b)
Statement of Purpose:
To impose additional requirements on construction managers self-
performing school construction contracts.
[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.]