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General Assembly Substitute Bill No. 1015
January Session, 2021
AN ACT CONCERNING TH E DEPARTMENT OF ADMI NISTRATIVE
SERVICES AND MODERNI ZING REAL ESTATE AND CONSTRUCTION
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repealed and the following is substituted in lieu thereof (Effective July 1, 2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
(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 Substitute Bill No. 1015
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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substantial subcontractor whose prequalification has been revoked 27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
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 Substitute Bill No. 1015
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(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
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 Substitute Bill No. 1015
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without fraud or collusion with any person. 85
Sec. 4. Section 4b-92 of the general statutes is repealed and the 86
following is substituted in lieu thereof (Effective July 1, 2021): 87
As used in this chapter and except as otherwise provided, "lowest 88
responsible and qualified bidder" means the bidder who is prequalified 89
pursuant to section 4a-100, and whose bid is the lowest of those bidders 90
possessing the skill, ability and integrity necessary to faithful 91
performance of the work based on objective criteria considering past 92
performance and information contained in the update [bid] statement 93
submitted pursuant to section 4b-91, as amended by this act. Essential 94
information in regard to such qualifications shall be submitted with the 95
bid in such form as the awarding authority may require by specification 96
in the bid documents and on the bid form. Every general bid shall be 97
accompanied by a bid bond or a certified check in an amount which shall 98
be ten per cent of the bid, provided no such bid bond or certified check 99
shall be required in relation to any general bid in which the total 100
estimated cost of labor and materials under the contract with respect to 101
which such general bid is submitted is less than fifty thousand dollars. 102
Failure to execute a contract awarded as specified and bid shall result in 103
the forfeiture of such bid bond or certified check. In considering past 104
performance the awarding authority shall evaluate the skill, ability and 105
integrity of bidders in terms of the bidders' fulfillment of contract 106
obligations and of the bidders' experience or lack of experience with 107
projects of the nature and scope of the project for which the bids are 108
submitted. 109
Sec. 5. Subsection (e) of section 4b-21 of the general statutes is 110
repealed and the following is substituted in lieu thereof (Effective July 1, 111
2021): 112
(e) After receiving notification from the secretary that such land, 113
improvement or interest may be treated as surplus, the Commissioner 114
of Administrative Services shall offer to convey such land, improvement 115
or interest to the municipality in which the land, improvement or 116 Substitute Bill No. 1015
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interest is located, including, but not limited to, by selling, leasing, 117
exchanging or entering into agreements concerning such land, 118
improvement or interest, provided (1) prior to such conveyance, the 119
municipality by vote of its legislative body accepts such conveyance, 120
and (2) a resolution of such municipal action, verified by the clerk of the 121
municipality, is delivered to the Commissioner of Administrative 122
Services not more than [one hundred twenty] sixty days after receiving 123
notice from the commissioner regarding the proposed conveyance. If 124
the municipality fails to deliver such resolution to the commissioner 125
within such [one-hundred-twenty-day] sixty-day period, the 126
municipality shall be deemed to have declined the proposed 127
conveyance, provided the commissioner may extend the [one-hundred-128
twenty-day period] sixty-day deadline by not more than an additional 129
[sixty] thirty days. The municipality shall waive all rights to purchase 130
the land, improvement, interest or part thereof if the municipality 131
declines or is deemed to have declined the conveyance of such land, 132
improvement, interest or part thereof. 133
Sec. 6. Section 4b-22a of the general statutes is repealed and the 134
following is substituted in lieu thereof (Effective July 1, 2021): 135
(a) Notwithstanding any provision of the general statutes, the 136
Commissioner of Administrative Services may (1) grant easements with 137
respect to land owned by the state to a public service company, as 138
defined in section 16-1, the owner of a district heating and cooling 139
system, a municipal water or sewer authority or a telecommunications 140
company, as defined in section 16-1, subject to the approval of the Office 141
of Policy and Management, the agency having supervision of the care 142
and control of such land and the State Properties Review Board, and (2) 143
acquire easements with respect to land not owned by the state in 144
connection with a Department of Administrative Services project, 145
subject to the approval of the State Properties Review Board. No 146
easement granted under subdivision (1) of this section shall be for the 147
disposal or storage of radioactive or hazardous waste materials. The 148
commissioner shall provide notice of any easement granted under said 149 Substitute Bill No. 1015
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subdivision to the chief executive official of the municipality, and the 150
members of the General Assembly representing the municipality, in 151
which the land is located. 152
(b) Notwithstanding any provision of the general statutes, the 153
Commissioner of Administrative Services may (1) grant rights-of-way 154
or other easements with respect to land owned by the state to the federal 155
government or any political subdivision of the state for public purposes 156
if the commissioner finds that such purposes are not in conflict with the 157
public interest, subject to the approval of the Office of Policy and 158
Management, the agency having supervision of the care and control of 159
such land, and the State Properties Review Board, and (2) acquire 160
easements with respect to land owned by the federal government or any 161
political subdivision of the state for public purposes if the commissioner 162
finds that such purposes do not conflict with the public interest, subject 163
to the approval of the State Properties Review Board. 164
Sec. 7. Section 4b-53 of the general statutes is repealed and the 165
following is substituted in lieu thereof (Effective July 1, 2021): 166
(a) For purposes of this section, the following terms have the 167
following meanings: (1) "State building" means any building or facility 168
owned or leased by the state of Connecticut and open to the public or 169
intended for such use, exclusive of any shed, warehouse, garage, 170
building of a temporary nature or building located on the grounds of a 171
correctional institution; (2) "proposal development expenses" means the 172
cost of preparing a detailed drawing, model or plan as determined by 173
the Department of Economic and Community Development or the 174
Department of Administrative Services, in accordance with subsections 175
(e) and (f) of this section; [and] (3) "work of art" means an integrated 176
work of art or a nonintegrated work of art, but excludes landscape 177
architecture or landscape gardening; (4) "integrated work of art" means 178
art work which is to be an integrated part of such state building, 179
including, but not limited to, fresco, mosaic, sculpture and other 180
architectural embellishment or functional art created by a professional 181
artist, artisan or craftsperson; [,] and (5) "nonintegrated work of art" 182 Substitute Bill No. 1015
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means any work of visual art which is not to be an integrated part of 183
such state building, including, but not limited to, a drawing, painting, 184
sculpture, mosaic, photograph, work of calligraphy or work of graphic 185
art or mixed media. ["Work of art" as used in this section shall not 186
include landscape architecture or landscape gardening.] 187
(b) The State Bond Commission, in the allocation of proceeds of state 188
bonds for purposes of construction, reconstruction or remodeling of any 189
state building, shall allocate for works of art, with respect to each such 190
project and for the purposes of subsection (c) of this section, an amount 191
from such proceeds not less than one per cent of the total estimated cost 192
of such construction, reconstruction or remodeling, exclusive of (1) the 193
cost of any land acquisition, (2) any nonconstruction costs including the 194
cost of such work of art, and (3) any augmentations to such cost, 195
provided any such allocation for work of art as provided in this section 196
must be approved, prior to authorization of such allocation by the State 197
Bond Commission, by the Commissioner of Administrative Services in 198
consultation with the Department of Economic and Community 199
Development. Each such allocation shall specify the maximum amount, 200
if any, that may be spent on integrated works of art and the maximum 201
amount, if any, that may be spent on nonintegrated works of art, for 202
each such project. Such allocation may be used in accordance with 203
subsections (e) and (f) of this section, to reimburse any artist, artisan, 204
craftsperson or person who creates a work of art, for proposal 205
development expenses when the Department of Economic and 206
Community Development or the Department of Administrative 207
Services requests such proposal development or to compensate persons 208
who, at the request of the Department of Economic and Community 209
Development or the Department of Administrative Services, determine 210
whether such works of art require proposal development. 211
(c) There is established within the General Fund a state building 212
works of art account, which shall be a separate, nonlapsing account. The 213
moneys within said account shall be used (1) for the purchase of works 214
of art from distinguished Connecticut artists, which shall be placed on 215 Substitute Bill No. 1015
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public view in state buildings, (2) to establish a bank of major works of 216
art, from which individual works of art may be circulated among state 217
buildings, public art museums and nonprofit galleries, and (3) for repair 218
of all works of art acquired under this section. The Department of 219
Economic and Community Development, in consultation with the 220
Commissioner of Administrative Services, shall adopt regulations in 221
accordance with the provisions of chapter 54, which shall (A) indicate 222
the portion of the one per cent allocation under subsection (b) of this 223
section, up to one quarter of such allocation, which shall be deposited in 224
the General Fund and credited to said account, (B) set forth the manner 225
in which the moneys in said account shall be allocated and expended 226
for the purposes of this subsection, and (C) establish procedures to 227
ensure accountability in maintaining the integrity of such bank of works 228
of art. 229
(d) There is established a subaccount within the state buildings works 230
of art account, established pursuant to subsection (c) of this section, to 231
be known as the "maintenance account" to be used solely for the 232
conservation, repair and cleaning of [artworks] works of art 233
commissioned and purchased for state buildings pursuant to this 234
section. The Department of Economic and Community Development, in 235
the case of nonintegrated works of art, or the Department of 236
Administrative services, in the case of integrated works of art, shall 237
determine what percentage of the one per cent allocation pursuant to 238
subsection (b) of this section, up to ten per cent of such allocation, to 239
credit to said subaccount. 240
(e) The Department of Economic and Community Development 241
shall, with respect to a nonintegrated work of art in any project under 242
subsection (b) of this section, be responsible for the selection of any 243
artist, artisan or craftsperson, review of any design or plan, and 244
execution, completion, acceptance and placement of such work of art. [, 245
provided any work of art to be located in any building under the 246
supervision, security, utilization and control of the Joint Committee on 247
Legislative Management shall be approved by said committee. The 248 Substitute Bill No. 1015
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Commissioner of Administrative Services, in consultation with said] 249
Said department [,] shall (1) [shall] be responsible for the contractual 250
arrangements with any such artist, artisan or craftsperson, and (2) [shall] 251
adopt regulations concerning implementation of the purposes of 252
[subsection (b) of this section and] this subsection. 253
(f) The Department of Administrative Services shall, with respect to 254
integrated works of art in any project under subsection (b) of this 255
section, be responsible for the selection of any artist, artisan or 256
craftsperson, review of any design or plan, and execution, completion, 257
acceptance and placement of such work of art. Said department shall (1) 258
be responsible for the contractual arrangements with any such artist, 259
artisan or craftsperson, and (2) adopt regulations in accordance with the 260
provisions of chapter 54 concerning implementation of the purposes of 261
subsection (b) of this section and this subsection. 262
(g) Any work of art to be located in any building under the 263
supervision, security, utilization and control of the Joint Committee on 264
Legislative Management shall be approved by said committee. 265
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-92
Sec. 5 July 1, 2021 4b-21(e)
Sec. 6 July 1, 2021 4b-22a
Sec. 7 July 1, 2021 4b-53
GAE Joint Favorable Subst.