Connecticut 2021 Regular Session

Connecticut House Bill HB05736 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Committee Bill No. 5736
8	8		January Session, 2021
9	9		LCO No. 3944
10	10
11	11
12	12		Referred to Committee on VETERANS' AFFAIRS
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14	14
15	15		Introduced by:
16	16		(VA)
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20	20		AN ACT CONCERNING PR ICE PREFERENCES FOR VETERAN-
21	21		OWNED BUSINESSES IN STATE CONTRACTING.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Subsection (c) of section 4a-59 of the general statutes is 1
26	26		repealed and the following is substituted in lieu thereof (Effective October 2
27	27		1, 2021): 3
28	28		(c) All open market orders or contracts shall be awarded to (1) the 4
29	29		lowest responsible qualified bidder, the qualities of the articles to be 5
30	30		supplied, their conformity with the specifications, their suitability to the 6
31	31		requirements of the state government and the delivery terms being 7
32	32		taken into consideration and, at the discretion of the Commissioner of 8
33	33		Administrative Services, life-cycle costs and trade-in or resale value of 9
34	34		the articles may be considered where it appears to be in the best interest 10
35	35		of the state, (2) the highest scoring bidder in a multiple criteria bid, in 11
36	36		accordance with the criteria set forth in the bid solicitation for the 12
37	37		contract, or (3) the proposer whose proposal is deemed by the awarding 13
38	38		authority to be the most advantageous to the state, in accordance with 14
39	39		the criteria set forth in the request for proposals, including price and 15 Committee Bill No. 5736
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46	46		evaluation factors. Notwithstanding any provision of the general 16
47	47		statutes to the contrary, each state agency awarding a contract through 17
48	48		competitive negotiation shall include price as an explicit factor in the 18
49	49		criteria in the request for proposals and for the contract award. In 19
50	50		considering past performance of a bidder for the purpose of 20
51	51		determining the "lowest responsible qualified bidder" or the "highest 21
52	52		scoring bidder in a multiple criteria bid", the commissioner shall 22
53	53		evaluate the skill, ability and integrity of the bidder in terms of the 23
54	54		bidder's fulfillment of past contract obligations and the bidder's 24
55	55		experience or lack of experience in delivering supplies, materials, 25
56	56		equipment or contractual services of the size or amount for which bids 26
57	57		have been solicited. In determining the lowest responsible qualified 27
58	58		bidder for the purposes of this section, the commissioner may give a 28
59	59		price preference of up to ten per cent for (A) the purchase of goods made 29
60	60		with recycled materials or the purchase of recyclable or remanufactured 30
61	61		products if the commissioner determines that such preference would 31
62	62		promote recycling or remanufacturing. As used in this subsection, 32
63	63		"recyclable" means able to be collected, separated or otherwise 33
64	64		recovered from the solid waste stream for reuse, or for use in the 34
65	65		manufacture or assembly of another package or product, by means of a 35
66	66		recycling program which is reasonably available to at least seventy-five 36
67	67		per cent of the state's population, "remanufactured" means restored to 37
68	68		its original function and thereby diverted from the solid waste stream 38
69	69		by retaining the bulk of components that have been used at least once 39
70	70		and by replacing consumable components and "remanufacturing" 40
71	71		means any process by which a product is remanufactured; (B) the 41
72	72		purchase of motor vehicles powered by a clean alternative fuel; (C) the 42
73	73		purchase of motor vehicles powered by fuel other than a clean 43
74	74		alternative fuel and conversion equipment to convert such motor 44
75	75		vehicles allowing the vehicles to be powered by either the exclusive use 45
76	76		of clean alternative fuel or dual use of a clean alternative fuel and a fuel 46
77	77		other than a clean alternative fuel. As used in this subsection, "clean 47
78	78		alternative fuel" means natural gas, electricity, hydrogen or propane 48
79	79		when used as a motor vehicle fuel; (D) the purchase of goods or services 49
80	80		from a veteran-owned business. As used in this subsection, "veteran-50 Committee Bill No. 5736
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87	87		owned business" means a business of which at least fifty-one per cent of 51
88	88		the ownership is held by one or more veterans and "veteran" means any 52
89	89		person (i) honorably discharged from, or released under honorable 53
90	90		conditions from active service in, the armed forces, as defined in section 54
91	91		27-103, or (ii) with a qualifying condition, as defined in said section, who 55
92	92		has received a discharge other than bad conduct or dishonorable from 56
93	93		active service in the armed forces; or [(D)] (E) the purchase of goods or 57
94	94		services from a micro business, except that, in the case of a veteran-58
95	95		owned micro business, the commissioner may give a price preference of 59
96	96		up to fifteen per cent. As used in this subsection, "micro business" means 60
97	97		a business with gross revenues not exceeding three million dollars in the 61
98	98		most recently completed fiscal year, "veteran-owned micro business" 62
99	99		means a micro business of which at least fifty-one per cent of the 63
100	100		ownership is held by one or more veterans. [and "veteran" means any 64
101	101		person (i) honorably discharged from, or released under honorable 65
102	102		conditions from active service in, the armed forces, as defined in section 66
103	103		27-103, or (ii) with a qualifying condition, as defined in said section, who 67
104	104		has received a discharge other than bad conduct or dishonorable from 68
105	105		active service in the armed forces.] All other factors being equal, 69
106	106		preference shall be given to supplies, materials and equipment 70
107	107		produced, assembled or manufactured in the state and services 71
108	108		originating and provided in the state. Except with regard to contracts 72
109	109		that may be paid for with United States Department of Transportation 73
110	110		funds, if any such bidder refuses to accept, within ten days, a contract 74
111	111		awarded to such bidder, such contract may be awarded to the next 75
112	112		lowest responsible qualified bidder or the next highest scoring bidder in 76
113	113		a multiple criteria bid, whichever is applicable, and so on until such 77
114	114		contract is awarded and accepted. Except with regard to contracts that 78
115	115		may be paid for with United States Department of Transportation funds, 79
116	116		if any such proposer refuses to accept, within ten days, a contract 80
117	117		awarded to such proposer, such contract shall be awarded to the next 81
118	118		most advantageous proposer, and so on until the contract is awarded 82
119	119		and accepted. There shall be a written evaluation made of each bid. This 83
120	120		evaluation shall identify the vendors and their respective costs and 84
121	121		prices, document the reason why any vendor is deemed to be 85 Committee Bill No. 5736
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128	128		nonresponsive and recommend a vendor for award. A contract valued 86
129	129		at one million dollars or more shall be awarded to a bidder other than 87
130	130		the lowest responsible qualified bidder or the highest scoring bidder in 88
131	131		a multiple criteria bid, whichever is applicable, only with written 89
132	132		approval signed by the Commissioner of Administrative Services and 90
133	133		by the Comptroller. The commissioner shall post on the department's 91
134	134		Internet web site all awards made pursuant to the provisions of this 92
135	135		section. 93
136	136		This act shall take effect as follows and shall amend the following
137	137		sections:
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139	139		Section 1 October 1, 2021 4a-59(c)
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141	141		VA Joint Favorable
142		-	GAE Joint Favorable
143	142