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General Assembly Committee Bill No. 6194
January Session, 2021
LCO No. 5578
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E COMPETITIVE BIDDING AND
OVERSIGHT OF QUASI -PUBLIC AGENCY CONTRACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
(1) "Quasi-public agency" has the same meaning as provided in 2
section 1-120 of the general statutes; 3
(2) "Supplies", "materials" and "equipment" mean any and all articles 4
of personal property furnished to or used by any quasi-public agency; 5
(3) "Contractual services" means any and all laundry and cleaning 6
service, pest control service, janitorial service, security service, the rental 7
and repair, or maintenance, of equipment, machinery and other state-8
owned personal property, advertising and other service arrangements 9
where the services are provided by persons other than quasi-public 10
agency employees; 11
(4) "Competitive bidding" means the submission of prices by persons, 12
firms or corporations competing for a contract to provide supplies, 13
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materials, equipment or contractual services, under a procedure in 14
which the contracting authority does not negotiate prices; 15
(5) "Competitive negotiation" means a procedure for contracting for 16
supplies, materials, equipment or contractual services, in which (A) 17
proposals are solicited from qualified suppliers by a request for 18
proposals, and (B) changes may be negotiated in proposals and prices 19
after being submitted; 20
(6) "Bidder" means a person, firm or corporation submitting a 21
competitive bid in response to a solicitation; 22
(7) "Proposer" means a person, firm or corporation submitting a 23
proposal in response to a request for proposals; 24
(8) "Lowest responsible qualified bidder" means the bidder whose bid 25
is the lowest of those bidders possessing the skill, ability and integrity 26
necessary to faithful performance of the work based on objective criteria 27
considering past performance and financial responsibility; and 28
(9) "Highest scoring bidder in a multiple criteria bid" means the 29
bidder whose bid receives the highest score for a combination of 30
attributes, including, but not limited to, price, skill, ability and integrity 31
necessary for the faithful performance of the work, based on multiple 32
criteria considering quality of product, warranty, life-cycle cost, past 33
performance, financial responsibility and other objective criteria that are 34
established in the bid solicitation for the contract. 35
(b) Notwithstanding any provision of the general statutes, any 36
purchases of, and contracts for, supplies, materials, equipment and 37
contractual services, except purchases and contracts made pursuant to 38
the provisions of subsection (d) of this section and public utility services 39
as provided in subsection (e) of this section shall be based, when 40
possible, on competitive bids or competitive negotiation. The quasi-41
public agency shall solicit competitive bids or proposals by providing 42
notice of the planned purchase in a form and manner that the quasi-43
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public agency determines will maximize public participation in the 44
competitive bidding or competitive negotiation process, including 45
participation by small contractors, as defined in section 4a-60g of the 46
general statutes, and promote competition. Each notice of a planned 47
purchase under this subsection shall indicate the type of goods and 48
services to be purchased and the estimated value of the contract award. 49
The notice shall, when applicable, also contain a notice of quasi-public 50
agency contract requirements concerning nondiscrimination and 51
affirmative action pursuant to section 4a-60 of the general statutes and 52
requirements concerning the awarding of contracts to small contractors, 53
minority business enterprises, individuals with a disability and 54
nonprofit corporations pursuant to section 4a-60g of the general 55
statutes. Each bid and proposal shall be kept sealed or secured until 56
opened publicly at the time stated in the notice soliciting such bid or 57
proposal. 58
(c) A quasi-public agency may waive the requirement of competitive 59
bidding or competitive negotiation in the case of minor nonrecurring 60
and emergency purchases of ten thousand dollars or less in amount. 61
(d) Each quasi-public agency shall adopt procedures, in accordance 62
with the provisions of section 1-121 of the general statutes, establishing 63
(1) standards and procedures for using competitive negotiation for 64
purchases and contracts, including, but not limited to, criteria which 65
shall be considered in making purchases by competitive negotiation and 66
the weight which shall be assigned to each such criterion, and (2) 67
standards and procedures under which additional purchases may be 68
made under existing contracts. 69
(e) The purchase of or contract for the following public utility services 70
shall not be subject to competitive bidding or competitive negotiation: 71
(1) Electric distribution services; (2) water services; (3) gas distribution 72
services; (4) electric generation services if such services are provided by 73
an electric municipal utility other than by a participating electric 74
municipal utility, as defined in section 16-1 of the general statutes, in the 75
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service area of such electric municipal utility; and (5) gas supply services 76
until the date such services are competitive pursuant to legislative act or 77
order of the Public Utilities Regulatory Authority, provided gas supply 78
services shall be exempt from competitive bidding and competitive 79
negotiation after said date if such services are provided by a gas 80
municipal utility in the service area of such gas municipal utility. 81
(f) All open market orders or contracts shall be awarded to (1) the 82
lowest responsible qualified bidder, the qualities of the articles to be 83
supplied, their conformity with the specifications, their suitability to the 84
requirements of the quasi-public agency and the delivery terms being 85
taken into consideration, (2) the highest scoring bidder in a multiple 86
criteria bid, in accordance with the criteria set forth in the bid solicitation 87
for the contract, or (3) the proposer whose proposal is deemed by the 88
quasi-public agency to be the most advantageous, in accordance with 89
the criteria set forth in the request for proposals, including price and 90
evaluation factors. 91
(g) Notwithstanding any provision of the general statutes, each 92
quasi-public agency awarding a contract through competitive 93
negotiation shall include price as an explicit factor in the criteria in the 94
request for proposals and for the contract award. In considering past 95
performance of a bidder for the purpose of determining the lowest 96
responsible qualified bidder or the highest scoring bidder in a multiple 97
criteria bid, the quasi-public agency shall evaluate the skill, ability and 98
integrity of the bidder in terms of the bidder's fulfillment of past contract 99
obligations and the bidder's experience or lack of experience in 100
delivering supplies, materials, equipment or contractual services of the 101
size or amount for which bids have been solicited. 102
Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is 103
repealed and the following is substituted in lieu thereof (Effective October 104
1, 2021): 105
(28) "State contracting agency" means any executive branch agency, 106
board, commission, department, office, institution or council. "State 107
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contracting agency" does not include the judicial branch, the legislative 108
branch, the offices of the Secretary of the State, the State Comptroller, 109
the Attorney General, the State Treasurer, with respect to their 110
constitutional functions, any state agency with respect to contracts 111
specific to the constitutional and statutory functions of the office of the 112
State Treasurer. For the purposes of section 4e-16, "state contracting 113
agency" includes any constituent unit of the state system of higher 114
education and for the purposes of section 4e-19, "state contracting 115
agency" includes [the State Education Resource Center, established 116
under section 10-4q] any quasi-public agency, as defined in section 1-117
120; 118
Sec. 3. Section 4e-7 of the general statutes is repealed and the 119
following is substituted in lieu thereof (Effective October 1, 2021): 120
(a) For cause, the State Contracting Standards Board may review, 121
terminate or recommend to a state contracting agency or quasi-public 122
agency the termination of any contract or procurement agreement 123
undertaken by any state contracting agency or quasi-public agency after 124
providing fifteen days' notice to the state contracting agency or quasi-125
public agency, the applicable contractor, and consulting with the 126
Attorney General. Such termination of a contract or procurement 127
agreement by the board may occur only after (1) the board has consulted 128
with the state contracting agency or quasi-public agency to determine 129
the impact of an immediate termination of the contract, (2) a 130
determination has been made jointly by the board and the state 131
contracting agency or quasi-public agency that an immediate 132
termination of the contract will not create imminent peril to the public 133
health, safety or welfare, (3) a vote of two-thirds of the members of the 134
board present and voting for that purpose, and (4) the board has 135
provided the state contracting agency or quasi-public agency and the 136
contractor with opportunity for a hearing conducted pursuant to the 137
provisions of chapter 54. Such action shall be accompanied by notice to 138
the state contracting agency or quasi-public agency and any other 139
affected party. For the purpose of this section, "for cause" means: (A) A 140
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violation of section 1-84 or 1-86e, as determined by the Citizen's Ethics 141
Advisory Board; (B) wanton or reckless disregard of any state or quasi-142
public contracting and procurement process by any person substantially 143
involved in such contract, or by any state contracting agency or quasi-144
public agency; or (C) notification from the Attorney General to the state 145
contracting agency or quasi-public agency that an investigation 146
pursuant to section 4-61dd has concluded that the process by which 147
such contract was awarded was compromised by fraud, collusion or any 148
other criminal violation. Nothing in this section shall be construed to 149
limit the authority of the board as described in section 4e-6. 150
(b) Following consultation with the state contracting agency or quasi-151
public agency and upon providing fifteen days' notice and the 152
opportunity for a hearing, the State Contracting Standards Board may 153
restrict or terminate the authority of any state contracting agency or 154
quasi-public agency to enter into any contract or procurement 155
agreement if: (1) The board, upon a vote of two-thirds of the members 156
of the board present and voting for such purpose, determines that such 157
state contracting agency or quasi-public agency failed to comply with 158
statutory contracting and procurement requirements and evidenced a 159
reckless disregard for applicable procedures and policy; and (2) such 160
limitation, restriction or termination of authority is in the state's best 161
interest, provided the board has made arrangements for the exercise of 162
the contracting power of such agency during the period of limitation, 163
restriction or termination. Such limitation, restriction or termination of 164
authority shall remain in effect until such time as the board determines 165
that such state contracting agency or quasi-public agency has 166
implemented corrective measures and demonstrated compliance with 167
statutes and regulations concerning procurement. 168
(c) Following consultation with the state contracting agency or quasi-169
public agency, and thereafter upon providing fifteen days' notice and 170
the opportunity for a hearing, the State Contracting Standards Board 171
may order a state contracting agency or quasi-public agency to take 172
appropriate action to restrict or terminate the authority of an employee 173
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or agent to enter into any contract or procurement agreement if the 174
board, upon a vote of two-thirds of the members of the board present 175
and voting for such purpose, determines that such employee or agent 176
failed to comply with statutory contracting and procurement 177
requirements, and evidenced a reckless disregard for applicable 178
procedures and policy. Such limitation, restriction or termination of 179
authority shall remain in effect until such time as the board determines 180
that such state contracting agency or quasi-public agency has 181
implemented corrective measures and demonstrated compliance with 182
statutes and regulations concerning procurement. 183
Sec. 4. Subdivision (6) of subsection (c) of section 8-169jj of the general 184
statutes is repealed and the following is substituted in lieu thereof 185
(Effective October 1, 2021): 186
(6) To contract for construction, development, concessions and the 187
procurement of goods and services, and to establish and modify 188
procurement procedures from time to time in accordance with the 189
provisions of section 1 of this act and section 8-169kk to implement the 190
[foregoing] provisions of this section; 191
Sec. 5. Subsection (c) of section 10-357b of the general statutes is 192
repealed and the following is substituted in lieu thereof (Effective October 193
1, 2021): 194
(c) The State Education Resource Center shall be subject to (1) rules, 195
regulations and restrictions on purchasing, procurement, personal 196
service agreements and the disposition of assets generally applicable to 197
Connecticut state agencies, including those contained in titles 4, 4a and 198
4b and [section 4e-19] the applicable provisions of chapter 62 concerning 199
quasi-public agencies, and (2) audit by the Auditors of Public Accounts 200
under section 2-90. 201
Sec. 6. Section 10a-196 of the general statutes is repealed and the 202
following is substituted in lieu thereof (Effective October 1, 2021): 203
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Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 204
complete, additional and alternative method for the doing of the things 205
authorized thereby, and shall be regarded as supplemental and 206
additional to powers conferred by other laws; provided (1) the issuance 207
of bonds and refunding bonds under the provisions of this chapter need 208
not comply with the requirements of any other law applicable to the 209
issuance of bonds including, particularly, title 42a; [and provided] (2) in 210
the construction and acquisition of a project pursuant hereto the 211
authority need not comply with the requirements of chapter 50; and (3) 212
the authority shall comply with the provisions of section 1 of this act. 213
Except as otherwise expressly provided in this chapter, none of the 214
powers granted to the authority under the provisions of this chapter 215
shall be subject to the supervision or regulation or require the approval 216
or consent of any municipality or political subdivision or any 217
commission, board, body, bureau, official or agency thereof or of the 218
state, except as provided in any provision concerning quasi-public 219
agencies contained in chapter 62. 220
Sec. 7. Subsection (s) of section 10a-204b of the general statutes is 221
repealed and the following is substituted in lieu thereof (Effective October 222
1, 2021): 223
(s) The provisions of this section shall be deemed to provide a 224
complete, additional and alternative method for the actions and the 225
things authorized thereby and shall be regarded as supplemental and 226
additional to powers granted by other laws; the issuance of bonds, notes 227
or other obligations under the provisions of this section need not comply 228
with the requirements of any law applicable to the issuance of bonds, 229
notes or other obligations. This section, being necessary for the welfare 230
of the state and its inhabitants, shall be liberally construed to affect its 231
purpose. None of the powers granted to the corporation or to any 232
subsidiary created pursuant to subdivision (5) of section 10a-204 under 233
the provisions of this section shall be subject to the supervision or 234
regulation or require the approval or consent of any municipality or 235
political subdivision or any department, division, commission, board, 236
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body, bureau, official or agency thereof or of the state, and the exercise 237
thereof shall not cause the corporation or any such subsidiary to be 238
construed to be an agency within the scope of chapter 54 or a 239
department, institution or agency of the state, except that the 240
corporation or any such subsidiary shall comply with the applicable 241
provisions of chapter 62 and section 1 of this act. 242
Sec. 8. Section 10a-243 of the general statutes is repealed and the 243
following is substituted in lieu thereof (Effective October 1, 2021): 244
The provisions of this chapter shall be deemed to provide a complete, 245
additional and alternative method for the actions of the things 246
authorized thereby and shall be regarded as supplemental and 247
additional to powers granted by other laws; the issuance of revenue 248
bonds or notes and revenue refunding bonds or notes under the 249
provisions of this chapter need not comply with the requirements of any 250
other law applicable to the issuance of bonds or notes, except that the 251
authority shall comply with the provisions of section 1 of this act. This 252
chapter, being necessary for the welfare of the state and its inhabitants, 253
shall be liberally construed to effect its purpose. Except as otherwise 254
expressly provided in this chapter or the applicable provisions of 255
chapter 62 concerning quasi-public agencies, none of the powers 256
granted to the authority under the provisions of this chapter shall be 257
subject to the supervision or regulation or require the approval or 258
consent of any municipality or political subdivision or any department, 259
division, commission, board, body, bureau, official or agency thereof or 260
of the state. The authority shall not be construed to be an agency within 261
the scope of chapter 54 or a department, institution or agency of the 262
state. 263
Sec. 9. Subdivision (16) of subsection (b) of section 12-806 of the 264
general statutes is repealed and the following is substituted in lieu 265
thereof (Effective October 1, 2021): 266
(16) To invest in, acquire, lease, purchase, own, manage, hold and 267
dispose of real property and lease, convey or deal in or enter into 268
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agreements with respect to such property on any terms necessary or 269
incidental to carrying out the purposes of sections 12-563a and 12-800 to 270
12-818, inclusive, provided such transactions shall not be subject to 271
approval, review or regulation pursuant to title 4b or any other statute 272
by any state agency, except that real property transactions shall be 273
subject to review by the State Properties Review Board and contracts 274
shall be subject to the requirements of section 1 of this act and the 275
applicable provisions of chapter 62; 276
Sec. 10. Section 12-815 of the general statutes is repealed and the 277
following is substituted in lieu thereof (Effective October 1, 2021): 278
(a) The corporation shall establish and adopt specific policies, rules 279
and procedures on purchasing and contracting. Such policies, rules and 280
procedures or amendments thereto shall be approved by a two-thirds 281
vote of the entire board. Notwithstanding any other provision of law to 282
the contrary, the corporation may enter into management, consulting 283
and other agreements for the provision of goods, services and 284
professional advisors necessary or useful in connection with the 285
operation and management of the lottery (1) pursuant to a process of 286
open or competitive bidding, provided (A) the corporation shall first 287
determine the format, content and scope of any agreement for any 288
procurement of goods or services, the conditions under which bidding 289
will take place and the schedule and stipulations for contract award, and 290
(B) the corporation may select the contractor deemed to have submitted 291
the most favorable bid, considering price and other factors, when, in the 292
judgment of the corporation, such award is in the best interests of the 293
corporation, or (2) if the corporation, in its discretion, determines that, 294
due to the nature of the agreement to be contracted for or procured, 295
open or public bidding is either impracticable or not in the best interests 296
of the corporation, by competitive negotiation, [with such prospective 297
providers as the corporation may determine] as defined in section 1 of 298
this act. The terms and conditions of agreements and the fees or other 299
compensation to be paid to such persons shall be determined by the 300
corporation. The agreements entered into by the corporation in 301
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accordance with the provisions of this section shall not be subject to the 302
approval of any state department, office or agency, except as provided 303
in regulations adopted by the Department of Consumer Protection or 304
any applicable provision of chapter 62. Nothing in this section shall be 305
deemed to restrict the discretion of the corporation to utilize its own 306
staff and workforce for the performance of any of its assigned 307
responsibilities and functions whenever, in the discretion of the 308
corporation, it becomes necessary, convenient or desirable to do so. 309
Copies of all agreements of the corporation shall be maintained by the 310
corporation at its offices as public records, subject to said exemption. 311
(b) The corporation shall not be subject to rules, regulations or 312
restrictions on purchasing or procurement or the disposition of assets 313
generally applicable to Connecticut state agencies, including those 314
contained in titles 4a and 4b and the corresponding rules and 315
regulations, but shall be subject to the requirements of section 1 of this 316
act and the applicable provisions concerning quasi-public agencies in 317
chapter 62. The board shall adopt rules and procedures on purchasing, 318
procurement and the disposition of assets applicable to the corporation. 319
The adoption of such rules or procedures shall not be subject to chapter 320
54. Any such rules or procedures shall be a public record, as defined in 321
section 1-200. 322
Sec. 11. Subdivision (15) of subsection (a) of section 15-31b of the 323
general statutes is repealed and the following is substituted in lieu 324
thereof (Effective October 1, 2021): 325
(15) Invest in, acquire, lease, purchase, own, manage, hold and 326
dispose of real property and lease, convey or deal in or enter into 327
agreements with respect to such property on any terms necessary or 328
incidental to carrying out the purposes of sections 15-31a to 15-31i, 329
inclusive, provided such transactions shall not be subject to approval, 330
review or regulation by any state agency pursuant to title 4b or any other 331
provision of the general statutes, except the authority (A) shall not 332
convey fee simple ownership in any property associated with the ports 333
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or harbors under its jurisdiction and control without the approval of the 334
State Properties Review Board and the Attorney General, and (B) shall 335
be subject to the applicable provisions concerning quasi-public agencies 336
in chapter 62; and 337
Sec. 12. Subdivision (16) of subsection (a) of section 22a-266 of the 338
general statutes is repealed and the following is substituted in lieu 339
thereof (Effective October 1, 2021): 340
(16) Contract for services in the performance of architectural and 341
engineering design, the supervision of design and construction, system 342
management and facility management; for such professional or 343
technical services as are specified in subdivision (3) of section 22a-265; 344
and for such other professional or technical services as may require 345
either prequalification of a contractor or the submission by any 346
individual, firm or consortium or association of individuals or firms of 347
a proposal in response to an official request for proposal or similar 348
written communication of the authority that is issued or made pursuant 349
to section 1 of this act and the contracting procedures adopted under 350
section 22a-268a, as amended by this act, whenever such services are, in 351
the discretion of the authority, deemed necessary, desirable or 352
convenient in carrying out the purposes of the authority; 353
Sec. 13. Subsections (b) and (c) of section 22a-266 of the general 354
statutes are repealed and the following is substituted in lieu thereof 355
(Effective October 1, 2021): 356
(b) Any contracts authorized by this chapter shall be entered into by 357
the authority (1) on the same basis and subject to the same limitations 358
and considerations applicable to municipal and regional resources 359
recovery authorities pursuant to subsection (c) of section 7-273bb, and 360
(2) pursuant to section 1 of this act and the contracting procedures 361
adopted under section 22a-268a, as amended by this act, except that in 362
entering into a contract for a resources recovery facility, solid waste 363
facility, volume reduction plant or solid waste management system, the 364
authority shall consider the best interests of the municipality or region 365
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to be served by such facility, plant or system. 366
(c) The authority shall have power, in its discretion, either to purchase 367
on a centralized basis, heavy solid waste processing equipment to be 368
installed in waste management projects, or to require such purchase and 369
installation as part of a construction contract. The authority shall 370
conduct its contracting and purchasing operations in accordance with 371
section 1 of this act and its regularly adopted and promulgated 372
procurement policies, including the contracting procedures adopted 373
under section 22a-268a, as amended by this act, and specific rules and 374
procedures on purchasing and contracting approved by a two-thirds 375
vote of its full board of directors. In procuring services with respect to 376
the establishment, management and operation of transfer stations, and 377
the transportation of solid wastes therefrom to a solid waste facility, the 378
authority and its subcontractors shall insofar as is practicable give 379
preference to firms based in Connecticut. Whenever the authority 380
determines that a contract for facility management shall be awarded on 381
other than a competitive bidding basis, in accordance with applicable 382
provisions of subdivision (16) of subsection (a) of this section, subsection 383
(b) of this section, section 22a-268, as amended by this act, and section 1 384
of this act, and the contracting procedures adopted under section 22a-385
268a, as amended by this act, the directors shall, at least sixty days prior 386
to the award date, pass a resolution expressing their intent to award and 387
shall within ten days cause a copy of such resolution to be printed in 388
one daily and one weekly newspaper published within the state. 389
Thereupon, interested parties who so desire may, within thirty days, 390
petition the directors with respect to such contract and offer evidence in 391
extenuation before a referee appointed by the chairperson. Such referee 392
shall not be an employee of the authority and shall report the referee's 393
findings with respect to such petition and evidence to the directors at 394
least ten days prior to the projected award date. The directors shall give 395
due consideration to such findings in determining the final award of the 396
contract. 397
Sec. 14. Section 22a-268 of the general statutes is repealed and the 398
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following is substituted in lieu thereof (Effective October 1, 2021): 399
The authority shall utilize private industry, by contract, to carry out 400
the business, design, operating, management, marketing, planning and 401
research and development functions of the authority, unless the 402
authority determines that it is in the public interest to adopt another 403
course of action. The authority is hereby empowered to enter into long-404
term contracts with private persons for the performance of any such 405
functions of the authority which, in the opinion of the authority, can 406
desirably and conveniently be carried out by a private person under 407
contract provided any such contract shall contain such terms and 408
conditions as will enable the authority to retain overall supervision and 409
control of the business, design, operating, management, transportation, 410
marketing, planning and research and development functions to be 411
carried out or to be performed by such private persons pursuant to such 412
contract. Such contracts shall be entered into either on a competitive 413
negotiation or competitive bidding basis, and the authority in its 414
discretion may select the type of contract it deems most prudent to 415
utilize, pursuant to the contracting procedures adopted under section 416
22a-268a, as amended by this act, and considering the scope of work, the 417
management complexities associated therewith, the extent of current 418
and future technological development requirements and the best 419
interests of the state. Whenever a long-term contract is entered into on 420
other than a competitive bidding basis, the criteria and procedures 421
therefor shall conform to applicable provisions of subdivision (16) of 422
subsection (a) and subsections (b) and (c) of section 22a-266, as amended 423
by this act, provided however, that any contract for a period of over five 424
years in duration, or any contract for which the annual consideration is 425
greater than fifty thousand dollars shall be approved by a two-thirds 426
vote of the authority's full board of directors. The terms and conditions 427
of such contracts shall be determined by the authority, as shall the fees 428
or other similar compensation to be paid to such persons for such 429
contracts. The contracts entered into by the authority shall not be subject 430
to the approval of any other state department, office or agency, other 431
than the State Contracting Standards Board under the applicable 432
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provisions of chapter 62. However, copies of all contracts of the 433
authority shall be maintained by the authority as public records, subject 434
to the proprietary rights of any party to the contract. Nothing of the 435
aforesaid shall be deemed to restrict the discretion of the authority to 436
utilize its own staff and work force for the performance of any of its 437
assigned responsibilities and functions whenever, in the discretion of 438
the authority, it becomes necessary, convenient or desirable to do so. 439
Any litigation with respect to any terms, conditions or provisions of any 440
contract of the authority, or the performance or nonperformance of same 441
by either party, shall be tried before a judge of the Superior Court of 442
Connecticut. 443
Sec. 15. Section 22a-268a of the general statutes is repealed and the 444
following is substituted in lieu thereof (Effective October 1, 2021): 445
The board of directors of the Materials Innovation and Recycling 446
Authority shall adopt written procedures, in accordance with the 447
provisions of section 1-121, for: (1) Adopting an annual budget and plan 448
of operations, including a requirement of board approval before the 449
budget or plan may take effect; (2) hiring, dismissing, promoting and 450
compensating employees of the authority, including an affirmative 451
action policy and a requirement of board approval before a position may 452
be created or a vacancy filled; (3) acquiring real and personal property 453
and personal services, including a requirement of board approval for 454
any such nonbudgeted expenditure in excess of five thousand dollars; 455
(4) contracting for (A) the business, design, operating, management, 456
construction, transportation, marketing, planning and research and 457
development functions of the authority, (B) financial, legal, bond 458
underwriting and other professional services, and (C) supplies, 459
materials and equipment, including (i) notwithstanding any provision 460
of this chapter, standards for determining when contracts described in 461
this subdivision (4) shall be awarded on the basis of competitive bidding 462
or competitive negotiation, an exemption for small purchases, and 463
criteria for waiving competitive bidding or competitive negotiation, 464
provided any such criteria shall comply with the provisions of section 1 465
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of this act, and (ii) a requirement that the authority solicit proposals at 466
least once every three years for each such professional service which it 467
uses; (5) issuing and retiring bonds, bond anticipation notes and other 468
obligations of the authority; (6) awarding loans, grants and other 469
financial assistance, including eligibility criteria, the application process 470
and the role played by the authority's staff and board of directors; and 471
(7) the use of surplus funds to the extent authorized under this chapter 472
or other provisions of the general statutes. 473
Sec. 16. Subdivision (14) of subsection (b) of section 31-49h of the 474
general statutes is repealed and the following is substituted in lieu 475
thereof (Effective October 1, 2021): 476
(14) Make and enter into any contract or agreement necessary or 477
incidental to the performance of its duties and execution of its powers 478
subject to the provisions of section 1 of this act. The contracts and 479
agreements entered into by the authority shall not be subject to the 480
approval of any other state department, office or agency, other than the 481
State Contracting Standards Board under the applicable provisions of 482
chapter 62, provided copies of all such contracts shall be maintained by 483
the authority as public records, subject to the proprietary rights of any 484
party to such contracts. No contract shall contain any provision in which 485
any contractor derives any direct or indirect economic benefit from 486
denying or otherwise influencing the outcome of any claim for benefits. 487
The standard criteria for the evaluation of proposals relating to claims 488
processing, web site development, database development, marketing 489
and advertising, in the event the authority seeks the services of an 490
outside contractor for such tasks, and for the evaluation of proposals 491
relating to all other contracts in amounts equal to or exceeding two 492
hundred fifty thousand dollars shall include, but need not be limited to: 493
(A) Transparency, (B) cost, (C) efficiency of operations, (D) quality of 494
work related to the contracts issued, (E) user experience, (F) 495
accountability, and (G) a cost-benefit analysis documenting the direct 496
and indirect costs of such contracts, including qualitative and 497
quantitative benefits that will result from the implementation of such 498
Committee Bill No. 6194
LCO No. 5578 17 of 18
contracts. The establishment of additional standard criteria shall be 499
approved by a two-thirds vote of the board after such criteria have been 500
posted on a public Internet web site maintained by the authority for 501
notice and comment for at least one week prior to such vote. 502
Sec. 17. Subdivision (13) of subsection (c) of section 38a-1083 of the 503
general statutes is repealed and the following is substituted in lieu 504
thereof (Effective October 1, 2021): 505
(13) Make and enter into any contract or agreement necessary or 506
incidental to the performance of its duties and execution of its powers. 507
The contracts entered into by the exchange shall not be subject to the 508
approval of any other state department, office or agency other than the 509
State Contracting Standards Board under the applicable provisions of 510
chapter 62, provided copies of all contracts of the exchange shall be 511
maintained by the exchange as public records, subject to the proprietary 512
rights of any party to the contract; 513
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Sec. 2 October 1, 2021 4e-1(28)
Sec. 3 October 1, 2021 4e-7
Sec. 4 October 1, 2021 8-169jj(c)(6)
Sec. 5 October 1, 2021 10-357b(c)
Sec. 6 October 1, 2021 10a-196
Sec. 7 October 1, 2021 10a-204b(s)
Sec. 8 October 1, 2021 10a-243
Sec. 9 October 1, 2021 12-806(b)(16)
Sec. 10 October 1, 2021 12-815
Sec. 11 October 1, 2021 15-31b(a)(15)
Sec. 12 October 1, 2021 22a-266(a)(16)
Sec. 13 October 1, 2021 22a-266(b) and (c)
Sec. 14 October 1, 2021 22a-268
Sec. 15 October 1, 2021 22a-268a
Sec. 16 October 1, 2021 31-49h(b)(14)
Sec. 17 October 1, 2021 38a-1083(c)(13)
Committee Bill No. 6194
LCO No. 5578 18 of 18
Statement of Purpose:
To create transparency in the awarding of quasi-public agency contracts
by requiring them to be subject to competitive bidding and subject to
oversight by the State Contracting Standards Board.
[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.]
Co-Sponsors: REP. CANDELORA, 86th Dist.; REP. DEVLIN, 134th Dist.
REP. O'DEA, 125th Dist.; REP. PERILLO, 113th Dist.
REP. REBIMBAS, 70th Dist.; REP. ZUPKUS, 89th Dist.
REP. FISHBEIN, 90th Dist.; REP. CARNEY, 23rd Dist.
REP. MASTROFRANCESCO, 80th Dist.; SEN. SAMPSON, 16th
Dist.
H.B. 6194
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