O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-198—sSB 1076
Government Administration and Elections Committee
AN ACT CONCERNING TH E SUBMISSION OF UPDA TE
STATEMENTS, THE REMO VAL OF REFERENCES TO UPDATE BID
STATEMENTS AND THE G RANTING OF EASEMENTS ON STATE
LAND
SUMMARY: This act makes several changes to the statutes governing the
Department of Administrative Services (DAS) as follows:
1. eliminates a provision that invalidates any bid on public works contracts
submitted without a required update bid statement or prequalification
certificate and instead allows agencies to permit bidders up to two
business days post-bid to submit the missing documentation (§ 3);
2. removes references to “update bid statement” and, where necessary,
replaces them with “update statement” (§§ 1-4); and
3. allows DAS to grant easements to, and acquire easements from, the
federal government or a subdivision of the state, subject to certain
approvals (§ 5).
The act also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2021
§§ 1-4 — STATE CONTRACTING BID UPDATES
The act replaces statutory references to the term “update bid statement” with
“update statement.” Prior law required the DAS commissioner to establish (1) an
update statement for contractors and substantial subcontractors to use when
renewing or upgrading their prequalification certificate and
(2) an update bid statement for bidders on a public works contract to use to
provide certain information regarding changes since the bidder’s prequalification
certificate was issued or renewed (e.g., projects currently under contract and
significant changes in financial position). Under the act, this information must be
provided in the update statement, which serves both statements’ purposes.
The act also authorizes public contracting agencies to allow bidders up to two
business days after a bid opening to submit their prequalification certificate, if
required, and an update statement. Prior law disqualified a bid if
the update bid statement or applicable prequalification certificate was missing.
§ 5 — EASEMENTS
The act authorizes the DAS commissioner to grant easements to, and acquire
easements from, the federal government or a political subdivision of the state
(e.g., a municipality) for public purposes, as long as he (1) determines that these O L R P U B L I C A C T S U M M A R Y
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purposes do not conflict with the public interest and (2) receives approval from
the State Properties Review Board (SPRB). He must also receive approval from
the Office of Policy and Management (OPM) and the agency supervising the
land’s care and control before granting an easement.
Under existing law unchanged by the act, DAS may grant easements on state
land to public service companies, owners of district heating and cooling systems,
municipal water and sewer authorities, and telecommunications companies. The
easements are subject to approval by the controlling agency, OPM, and SPRB. He
may also acquire easements in connection with a department project, subject to
SPRB’s approval.