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General Assembly Raised Bill No. 1015
January Session, 2021
LCO No. 3649
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E DEPARTMENT OF ADMI NISTRATIVE
SERVICES AND MODERNI ZING REAL ESTATE AND CONSTRUCT ION
MANAGEMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (k) of section 4a-100 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(k) (1) Any substantial evidence of fraud in obtaining or maintaining 4
prequalification or any materially false statement in the application [,] 5
or update statement [or update bid statement] may, in the discretion of 6
the awarding authority, result in termination of any contract awarded 7
the contractor by the awarding authority. The awarding authority shall 8
provide written notice to the commissioner of such false statement not 9
later than thirty days after discovering such false statement. The 10
commissioner shall provide written notice of such false statement to the 11
Commissioner of Consumer Protection and the president of The 12
University of Connecticut not later than thirty days after discovering 13
such false statement or receiving such notice. 14 Raised Bill No. 1015
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(2) The commissioner shall deny or revoke the prequalification of any 15
contractor or substantial subcontractor if the commissioner finds that 16
the contractor or substantial subcontractor, or a principal or key 17
personnel of such contractor or substantial subcontractor, within the 18
past five years (A) has included any materially false statement in a 19
prequalification application [,] or update statement, [or update bid 20
statement,] (B) has been convicted of, entered a plea of guilty or nolo 21
contendere for, or admitted to, a crime related to the procurement or 22
performance of any public or private construction contract, or (C) has 23
otherwise engaged in fraud in obtaining or maintaining 24
prequalification. Any revocation made pursuant to this subsection shall 25
be made only after an opportunity for a hearing. Any contractor or 26
substantial subcontractor whose prequalification has been revoked 27
pursuant to this subsection shall be disqualified for a period of two years 28
after which the contractor or substantial subcontractor may reapply for 29
prequalification, except that a contractor or substantial subcontractor 30
whose prequalification has been revoked on the basis of conviction of a 31
crime or engaging in fraud shall be disqualified for a period of five years 32
after which the contractor or substantial subcontractor may reapply for 33
prequalification. The commissioner shall not prequalify a contractor or 34
substantial subcontractor whose prequalification has been revoked 35
pursuant to this subdivision until the expiration of said two-year, five-36
year, or other applicable disqualification period and the commissioner 37
is satisfied that the matters that gave rise to the revocation have been 38
eliminated or remedied. 39
Sec. 2. Subsection (n) of section 4a-100 of the general statutes is 40
repealed and the following is substituted in lieu thereof (Effective July 1, 41
2021): 42
(n) The commissioner shall establish an update statement for use by 43
contractors and substantial subcontractors for purposes of renewing or 44
upgrading a prequalification certificate [and an update bid statement] 45
for purposes of submitting a bid pursuant to section 4b-91, as amended 46
by this act. 47 Raised Bill No. 1015
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Sec. 3. Subsections (d) and (e) of section 4b-91 of the general statutes 48
are repealed and the following is substituted in lieu thereof (Effective July 49
1, 2021): 50
(d) Each bid submitted for a contract described in subsection (c) of 51
this section shall include an update [bid] statement in such form as the 52
Commissioner of Administrative Services prescribes and, if required by 53
the public agency soliciting such bid, a copy of the prequalification 54
certificate issued by the Commissioner of Administrative Services. The 55
form for such update [bid] statement shall provide space for information 56
regarding all projects completed by the bidder since the date the 57
bidder's prequalification certificate was issued or renewed, all projects 58
the bidder currently has under contract, including the percentage of 59
work on such projects not completed, the names and qualifications of 60
the personnel who will have supervisory responsibility for the 61
performance of the contract, any significant changes in the bidder's 62
financial position or corporate structure since the date the certificate was 63
issued or renewed, any change in the contractor's qualification status as 64
determined by the provisions of subdivision (6) of subsection (c) of 65
section 4a-100 and such other relevant information as the Commissioner 66
of Administrative Services prescribes. [Any bid submitted without a 67
copy of the prequalification certificate, if required by the public agency 68
soliciting such bid, and an update bid statement shall be deemed 69
invalid.] Any public agency that accepts a bid submitted without a copy 70
of such prequalification certificate, if required by such public agency 71
soliciting such bid, and an update [bid] statement, may become 72
ineligible for the receipt of funds related to such bid, except the public 73
agency soliciting such bids may allow bidders no more than two 74
business days after the opening of bids to submit a copy of the 75
prequalification certificate, if required by such public agency, and an 76
update statement. 77
(e) Any person who bids on a contract described in subsection (c) of 78
this section shall certify under penalty of false statement at the 79
conclusion of the bidding process that the information in the bid is true, 80
that there has been no substantial change in the bidder's financial 81 Raised Bill No. 1015
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position or corporate structure since the bidder's most recent 82
prequalification certificate was issued or renewed, other than those 83
changes noted in the update [bid] statement, and that the bid was made 84
without fraud or collusion with any person. 85
Sec. 4. Subsection (e) of section 4b-21 of the general statutes is 86
repealed and the following is substituted in lieu thereof (Effective July 1, 87
2021): 88
(e) After receiving notification from the secretary that such land, 89
improvement or interest may be treated as surplus, the Commissioner 90
of Administrative Services shall offer to convey such land, improvement 91
or interest to the municipality in which the land, improvement or 92
interest is located, including, but not limited to, by selling, leasing, 93
exchanging or entering into agreements concerning such land, 94
improvement or interest, provided (1) prior to such conveyance, the 95
municipality by vote of its legislative body accepts such conveyance, 96
and (2) a resolution of such municipal action, verified by the clerk of the 97
municipality, is delivered to the Commissioner of Administrative 98
Services not more than [one hundred twenty] sixty days after receiving 99
notice from the commissioner regarding the proposed conveyance. If 100
the municipality fails to deliver such resolution to the commissioner 101
within such [one-hundred-twenty-day] sixty-day period, the 102
municipality shall be deemed to have declined the proposed 103
conveyance, provided the commissioner may extend the [one-hundred-104
twenty-day period] sixty-day deadline by not more than an additional 105
[sixty] thirty days. The municipality shall waive all rights to purchase 106
the land, improvement, interest or part thereof if the municipality 107
declines or is deemed to have declined the conveyance of such land, 108
improvement, interest or part thereof. 109
Sec. 5. Section 4b-22a of the general statutes is repealed and the 110
following is substituted in lieu thereof (Effective July 1, 2021): 111
(a) Notwithstanding any provision of the general statutes, the 112
Commissioner of Administrative Services may (1) grant easements with 113 Raised Bill No. 1015
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respect to land owned by the state to a public service company, as 114
defined in section 16-1, the owner of a district heating and cooling 115
system, a municipal water or sewer authority or a telecommunications 116
company, as defined in section 16-1, subject to the approval of the Office 117
of Policy and Management, the agency having supervision of the care 118
and control of such land and the State Properties Review Board, and (2) 119
acquire easements with respect to land not owned by the state in 120
connection with a Department of Administrative Services project, 121
subject to the approval of the State Properties Review Board. No 122
easement granted under subdivision (1) of this section shall be for the 123
disposal or storage of radioactive or hazardous waste materials. The 124
commissioner shall provide notice of any easement granted under said 125
subdivision to the chief executive official of the municipality, and the 126
members of the General Assembly representing the municipality, in 127
which the land is located. 128
(b) Notwithstanding any provision of the general statutes, the 129
Commissioner of Administrative Services may (1) grant rights-of-way 130
or other easements with respect to land owned by the state to the federal 131
government or any political subdivision of the state for public purposes 132
if the commissioner finds that such purposes are not in conflict with the 133
public interest, subject to the approval of the Office of Policy and 134
Management, the agency having supervision of the care and control of 135
such land, and the State Properties Review Board, and (2) acquire 136
easements with respect to land owned by the federal government or any 137
political subdivision of the state for public purposes if the commissioner 138
finds that such purposes do not conflict with the public interest, subject 139
to the approval of the State Properties Review Board. 140
Sec. 6. Subsection (a) of section 4b-3 of the general statutes is repealed 141
and the following is substituted in lieu thereof (Effective July 1, 2021, and 142
applicable to any appointments made on or after said date): 143
(a) There is established a State Properties Review Board which shall 144
consist of six members appointed as follows: The speaker of the House 145
and president pro tempore of the Senate shall jointly appoint three 146 Raised Bill No. 1015
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members, one of whom shall be experienced in matters relating to 147
commercial architecture, one experienced in commercial building 148
construction matters and one in matters relating to commercial 149
engineering; and the minority leader of the House and the minority 150
leader of the Senate shall jointly appoint three members, one of whom 151
shall be experienced in matters relating to the purchase, sale and lease 152
of commercial real estate and buildings, one experienced in [business 153
matters] complex commercial real estate development generally and 154
one experienced in the management and operation of state institutions. 155
No more than three of said six members shall be of the same political 156
party. One of the members first appointed by the speaker and the 157
president pro tempore shall serve a two-year term, one shall serve a 158
three-year term and one shall serve a four-year term. One of the 159
members first appointed by the minority leaders of the House and 160
Senate shall serve a two-year term, one shall serve a three-year term and 161
one shall serve a four-year term. All appointments of members to 162
replace those whose terms expire shall be for a term of four years and 163
until their successors have been appointed and qualified. If any vacancy 164
occurs on the board, the appointing authorities having the power to 165
make the initial appointment under the provisions of this section shall 166
appoint a person for the unexpired term in accordance with the 167
provisions hereof. 168
Sec. 7. Subsection (f) of section 4b-3 of the general statutes is repealed 169
and the following is substituted in lieu thereof (Effective July 1, 2021): 170
(f) The State Properties Review Board shall review and approve or 171
disapprove real estate acquisitions, sales, leases and subleases proposed 172
by the Commissioner of Administrative Services or proposed by the 173
Chief Court Administrator pursuant to the authority delegated to the 174
Chief Court Administrator by the Commissioner of Administrative 175
Services, the acquisition, other than by condemnation, or the sale or 176
lease of any property by the Commissioner of Transportation under 177
subdivision (11) of section 13b-4, subject to section 4b-23, as amended 178
by this act, and subsection (h) of section 13a-73 and [review, for 179
approval or disapproval,] any contract for a project described in 180 Raised Bill No. 1015
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subsection (h) of section 4b-91. [Such review shall consider all aspects of 181
the proposed actions, including feasibility and method of acquisition 182
and the prudence of the business method proposed.] The board shall not 183
grant approval under this subsection if it has determined based on 184
objective evidence that the applicable department has failed to comply 185
with the applicable provision of the general statutes or agency 186
regulation related to the proposed action. The board shall also cooperate 187
with and advise and assist the Commissioner of Administrative Services 188
and the Commissioner of Transportation in carrying out their duties. 189
The board shall have access to all information, files and records directly 190
relevant to its evaluation of the agency's compliance with the applicable 191
provision of the general statutes or agency regulation, including 192
financial records, of the Commissioner of Administrative Services and 193
the Commissioner of Transportation, and shall, when necessary, be 194
entitled to the use of personnel employed by said commissioners. The 195
board shall approve or disapprove any acquisition of development 196
rights of agricultural land by the Commissioner of Agriculture under 197
section 22-26cc. The board shall hear any appeal under section 8-273a 198
and shall render a final decision on the appeal within thirty days 199
thereafter. The written decision of the board shall be a final decision for 200
the purposes of sections 4-180 and 4-183. The provisions of this section 201
shall not apply to any airport, airport site or any part thereof operated 202
by the Connecticut Airport Authority established pursuant to section 203
15-120bb. 204
Sec. 8. Subsection (i) of section 4b-23 of the general statutes is repealed 205
and the following is substituted in lieu thereof (Effective July 1, 2021): 206
(i) As used in this subsection, (1) "project" means any state program, 207
except the downtown Hartford higher education center project, as 208
defined in section 4b-55, requiring consultant services if the cost of such 209
services is estimated to exceed [one] five hundred thousand dollars; [or, 210
in the case of a constituent unit of the state system of higher education, 211
the cost of such services is estimated to exceed three hundred thousand 212
dollars, or in the case of a building or premises under the supervision of 213
the Office of the Chief Court Administrator or property where the 214 Raised Bill No. 1015
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Judicial Department is the primary occupant, the cost of such services is 215
estimated to exceed three hundred thousand dollars;] (2) "consultant" 216
means "consultant" as defined in section 4b-55; and (3) "consultant 217
services" means "consultant services" as defined in section 4b-55. Any 218
contracts entered into by the Commissioner of Administrative Services 219
with any consultants for employment (A) for any project under the 220
provisions of this section, (B) in connection with a list established under 221
subsection (d) of section 4b-51, or (C) by task letter issued by the 222
Commissioner of Administrative Services to any consultant on such list 223
pursuant to which the consultant will provide services valued in excess 224
of [one] five hundred thousand dollars, shall be subject to the approval 225
of the Properties Review Board prior to the employment of such 226
consultant or consultants by the commissioner. The Properties Review 227
Board shall, not later than thirty days after receipt of such selection of or 228
contract with any consultant, approve or disapprove the selection of or 229
contract with any consultant made by the Commissioner of 230
Administrative Services pursuant to sections 4b-1 and 4b-55 to 4b-59, 231
inclusive. If upon the expiration of the thirty-day period a decision has 232
not been made, the Properties Review Board shall be deemed to have 233
approved such selection or contract. 234
Sec. 9. Section 4b-53 of the general statutes is repealed and the 235
following is substituted in lieu thereof (Effective July 1, 2021): 236
(a) For purposes of this section, the following terms have the 237
following meanings: (1) "State building" means any building or facility 238
owned or leased by the state of Connecticut and open to the public or 239
intended for such use, exclusive of any shed, warehouse, garage, 240
building of a temporary nature or building located on the grounds of a 241
correctional institution; (2) "proposal development expenses" means the 242
cost of preparing a detailed drawing, model or plan as determined by 243
the Department of Economic and Community Development or the 244
Department of Administrative Services, in accordance with subsections 245
(e) and (f) of this section; [and] (3) "work of art" means an integrated 246
work of art or a nonintegrated work of art, but excludes landscape 247
architecture or landscape gardening; (4) "integrated work of art" means 248 Raised Bill No. 1015
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art work which is to be an integrated part of such state building, 249
including, but not limited to, fresco, mosaic, sculpture and other 250
architectural embellishment or functional art created by a professional 251
artist, artisan or craftsperson; [,] and (5) "nonintegrated work of art" 252
means any work of visual art which is not to be an integrated part of 253
such state building, including, but not limited to, a drawing, painting, 254
sculpture, mosaic, photograph, work of calligraphy or work of graphic 255
art or mixed media. ["Work of art" as used in this section shall not 256
include landscape architecture or landscape gardening.] 257
(b) The State Bond Commission, in the allocation of proceeds of state 258
bonds for purposes of construction, reconstruction or remodeling of any 259
state building, shall allocate for works of art, with respect to each such 260
project and for the purposes of subsection (c) of this section, an amount 261
from such proceeds not less than one per cent of the total estimated cost 262
of such construction, reconstruction or remodeling, exclusive of (1) the 263
cost of any land acquisition, (2) any nonconstruction costs including the 264
cost of such work of art, and (3) any augmentations to such cost, 265
provided any such allocation for work of art as provided in this section 266
must be approved, prior to authorization of such allocation by the State 267
Bond Commission, by the Commissioner of Administrative Services in 268
consultation with the Department of Economic and Community 269
Development. Each such allocation shall specify the maximum amount, 270
if any, that may be spent on integrated works of art and the maximum 271
amount, if any, that may be spent on nonintegrated works of art, for 272
each such project. Such allocation may be used in accordance with 273
subsections (e) and (f) of this section, to reimburse any artist, artisan, 274
craftsperson or person who creates a work of art, for proposal 275
development expenses when the Department of Economic and 276
Community Development or the Department of Administrative 277
Services requests such proposal development or to compensate persons 278
who, at the request of the Department of Economic and Community 279
Development or the Department of Administrative Services, determine 280
whether such works of art require proposal development. 281
(c) There is established within the General Fund a state building 282 Raised Bill No. 1015
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works of art account, which shall be a separate, nonlapsing account. The 283
moneys within said account shall be used (1) for the purchase of works 284
of art from distinguished Connecticut artists, which shall be placed on 285
public view in state buildings, (2) to establish a bank of major works of 286
art, from which individual works of art may be circulated among state 287
buildings, public art museums and nonprofit galleries, and (3) for repair 288
of all works of art acquired under this section. The Department of 289
Economic and Community Development, in consultation with the 290
Commissioner of Administrative Services, shall adopt regulations in 291
accordance with the provisions of chapter 54, which shall (A) indicate 292
the portion of the one per cent allocation under subsection (b) of this 293
section, up to one quarter of such allocation, which shall be deposited in 294
the General Fund and credited to said account, (B) set forth the manner 295
in which the moneys in said account shall be allocated and expended 296
for the purposes of this subsection, and (C) establish procedures to 297
ensure accountability in maintaining the integrity of such bank of works 298
of art. 299
(d) There is established a subaccount within the state buildings works 300
of art account, established pursuant to subsection (c) of this section, to 301
be known as the "maintenance account" to be used solely for the 302
conservation, repair and cleaning of [artworks] works of art 303
commissioned and purchased for state buildings pursuant to this 304
section. The Department of Economic and Community Development, in 305
the case of nonintegrated works of art, or the Department of 306
Administrative services, in the case of integrated works of art, shall 307
determine what percentage of the one per cent allocation pursuant to 308
subsection (b) of this section, up to ten per cent of such allocation, to 309
credit to said subaccount. 310
(e) The Department of Economic and Community Deve lopment 311
shall, with respect to a nonintegrated work of art in any project under 312
subsection (b) of this section, be responsible for the selection of any 313
artist, artisan or craftsperson, review of any design or plan, and 314
execution, completion, acceptance and placement of such work of art. [, 315
provided any work of art to be located in any building under the 316 Raised Bill No. 1015
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supervision, security, utilization and control of the Joint Committee on 317
Legislative Management shall be approved by said committee. The 318
Commissioner of Administrative Services, in consultation with said] 319
Said department [,] shall (1) [shall] be responsible for the contractual 320
arrangements with any such artist, artisan or craftsperson, and (2) [shall] 321
adopt regulations concerning implementation of the purposes of 322
[subsection (b) of this section and] this subsection. 323
(f) The Department of Administrative Services shall, with respect to 324
integrated works of art in any project under subsection (b) of this 325
section, be responsible for the selection of any artist, artisan or 326
craftsperson, review of any design or plan, and execution, completion, 327
acceptance and placement of such work of art. Said department shall (1) 328
be responsible for the contractual arrangements with any such artist, 329
artisan or craftsperson, and (2) adopt regulations in accordance with the 330
provisions of chapter 54 concerning implementation of the purposes of 331
subsection (b) of this section and this subsection. 332
(g) Any work of art to be located in any building under the 333
supervision, security, utilization and control of the Joint Committee on 334
Legislative Management shall be approved by said committee. 335
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 4a-100(k)
Sec. 2 July 1, 2021 4a-100(n)
Sec. 3 July 1, 2021 4b-91(d) and (e)
Sec. 4 July 1, 2021 4b-21(e)
Sec. 5 July 1, 2021 4b-22a
Sec. 6 July 1, 2021, and
applicable to any
appointments made on or
after said date
4b-3(a)
Sec. 7 July 1, 2021 4b-3(f)
Sec. 8 July 1, 2021 4b-23(i)
Sec. 9 July 1, 2021 4b-53
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Statement of Purpose:
To remove references to "update bid statement", to reduce certain
deadlines for the disposition of surplus real property, to expand the
Department of Administrative Services' ability to grant and receive
easements, to clarify the State Property Review Board's scope and
standard of review, to raise the threshold for review of construction
consultant contracts and to give the department authority over
integrated works of art in state buildings.
[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.]