Connecticut 2021 Regular Session

Connecticut Senate Bill SB01076 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1076
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 1076
5		-
6		-	Public Act No. 21-198
7		-
8		-
9		-	AN ACT CONCERNING THE SUBMISSION OF UPDATE
10		-	STATEMENTS, THE REMOVAL OF REFERENCES TO UPDATE BID
11		-	STATEMENTS AND THE GRANTING OF EASEMENTS ON STATE
12		-	LAND.
	12	+	AN ACT CONCERNING PU BLIC-PRIVATE PARTNERSHIPS AND
	13	+	PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF
	14	+	CONNECTICUT HEALTH C ENTER.
13	15		Be it enacted by the Senate and House of Representatives in General
14	16		Assembly convened:
15	17
16		-	Section 1. Subsection (k) of section 4a-100 of the general statutes is
17		-	repealed and the following is substituted in lieu thereof (Effective July 1,
18		-	2021):
19		-	(k) (1) Any substantial evidence of fraud in obtaining or maintaining
20		-	prequalification or any materially false statement in the application [,]
21		-	or update statement [or update bid statement] may, in the discretion of
22		-	the awarding authority, result in termination of any contract awarded
23		-	the contractor by the awarding authority. The awarding authority shall
24		-	provide written notice to the commissioner of such false statement not
25		-	later than thirty days after discovering such false statement. The
26		-	commissioner shall provide written notice of such false statement to the
27		-	Commissioner of Consumer Protection and the president of The
28		-	University of Connecticut not later than thirty days after discovering
29		-	such false statement or receiving such notice.
30		-	(2) The commissioner shall deny or revoke the prequalification of any
31		-	contractor or substantial subcontractor if the commissioner finds that Substitute Senate Bill No. 1076
32		-
33		-	Public Act No. 21-198 2 of 6
34		-
35		-	the contractor or substantial subcontractor, or a principal or key
36		-	personnel of such contractor or substantial subcontractor, within the
37		-	past five years (A) has included any materially false statement in a
38		-	prequalification application [,] or update statement, [or update bid
39		-	statement,] (B) has been convicted of, entered a plea of guilty or nolo
40		-	contendere for, or admitted to, a crime related to the procurement or
41		-	performance of any public or private construction contract, or (C) has
42		-	otherwise engaged in fraud in obtaining or maintaining
43		-	prequalification. Any revocation made pursuant to this subsection shall
44		-	be made only after an opportunity for a hearing. Any contractor or
45		-	substantial subcontractor whose prequalification has been revoked
46		-	pursuant to this subsection shall be disqualified for a period of two years
47		-	after which the contractor or substantial subcontractor may reapply for
48		-	prequalification, except that a contractor or substantial subcontractor
49		-	whose prequalification has been revoked on the basis of conviction of a
50		-	crime or engaging in fraud shall be disqualified for a period of five years
51		-	after which the contractor or substantial subcontractor may reapply for
52		-	prequalification. The commissioner shall not prequalify a contractor or
53		-	substantial subcontractor whose prequalification has been revoked
54		-	pursuant to this subdivision until the expiration of said two-year, five-
55		-	year, or other applicable disqualification period and the commissioner
56		-	is satisfied that the matters that gave rise to the revocation have been
57		-	eliminated or remedied.
58		-	Sec. 2. Subsection (n) of section 4a-100 of the general statutes is
59		-	repealed and the following is substituted in lieu thereof (Effective July 1,
60		-	2021):
61		-	(n) The commissioner shall establish an update statement for use by
62		-	contractors and substantial subcontractors for purposes of renewing or
63		-	upgrading a prequalification certificate [and an update bid statement]
64		-	for purposes of submitting a bid pursuant to section 4b-91, as amended
65		-	by this act. Substitute Senate Bill No. 1076
66		-
67		-	Public Act No. 21-198 3 of 6
68		-
69		-	Sec. 3. Subsections (d) and (e) of section 4b-91 of the general statutes
70		-	are repealed and the following is substituted in lieu thereof (Effective July
71		-	1, 2021):
72		-	(d) Each bid submitted for a contract described in subsection (c) of
73		-	this section shall include an update [bid] statement in such form as the
74		-	Commissioner of Administrative Services prescribes and, if required by
75		-	the public agency soliciting such bid, a copy of the prequalification
76		-	certificate issued by the Commissioner of Administrative Services. The
77		-	form for such update [bid] statement shall provide space for information
78		-	regarding all projects completed by the bidder since the date the
79		-	bidder's prequalification certificate was issued or renewed, all projects
80		-	the bidder currently has under contract, including the percentage of
81		-	work on such projects not completed, the names and qualifications of
82		-	the personnel who will have supervisory responsibility for the
83		-	performance of the contract, any significant changes in the bidder's
84		-	financial position or corporate structure since the date the certificate was
85		-	issued or renewed, any change in the contractor's qualification status as
86		-	determined by the provisions of subdivision (6) of subsection (c) of
87		-	section 4a-100 and such other relevant information as the Commissioner
88		-	of Administrative Services prescribes. [Any bid submitted without a
89		-	copy of the prequalification certificate, if required by the public agency
90		-	soliciting such bid, and an update bid statement shall be deemed
91		-	invalid.] Any public agency that accepts a bid submitted without a copy
92		-	of such prequalification certificate, if required by such public agency
93		-	soliciting such bid, and an update [bid] statement, may become
94		-	ineligible for the receipt of funds related to such bid, except the public
95		-	agency soliciting such bids may allow bidders no more than two
96		-	business days after the opening of bids to submit a copy of the
97		-	prequalification certificate, if required by such public agency, and an
98		-	update statement.
99		-	(e) Any person who bids on a contract described in subsection (c) of Substitute Senate Bill No. 1076
100		-
101		-	Public Act No. 21-198 4 of 6
102		-
103		-	this section shall certify under penalty of false statement at the
104		-	conclusion of the bidding process that the information in the bid is true,
105		-	that there has been no substantial change in the bidder's financial
106		-	position or corporate structure since the bidder's most recent
107		-	prequalification certificate was issued or renewed, other than those
108		-	changes noted in the update [bid] statement, and that the bid was made
109		-	without fraud or collusion with any person.
110		-	Sec. 4. Section 4b-92 of the general statutes is repealed and the
111		-	following is substituted in lieu thereof (Effective July 1, 2021):
112		-	As used in this chapter and except as otherwise provided, "lowest
113		-	responsible and qualified bidder" means the bidder who is prequalified
114		-	pursuant to section 4a-100, and whose bid is the lowest of those bidders
115		-	possessing the skill, ability and integrity necessary to faithful
116		-	performance of the work based on objective criteria considering past
117		-	performance and information contained in the update [bid] statement
118		-	submitted pursuant to section 4b-91, as amended by this act. Essential
119		-	information in regard to such qualifications shall be submitted with the
120		-	bid in such form as the awarding authority may require by specification
121		-	in the bid documents and on the bid form. Every general bid shall be
122		-	accompanied by a bid bond or a certified check in an amount which shall
123		-	be ten per cent of the bid, provided no such bid bond or certified check
124		-	shall be required in relation to any general bid in which the total
125		-	estimated cost of labor and materials under the contract with respect to
126		-	which such general bid is submitted is less than fifty thousand dollars.
127		-	Failure to execute a contract awarded as specified and bid shall result in
128		-	the forfeiture of such bid bond or certified check. In considering past
129		-	performance the awarding authority shall evaluate the skill, ability and
130		-	integrity of bidders in terms of the bidders' fulfillment of contract
131		-	obligations and of the bidders' experience or lack of experience with
132		-	projects of the nature and scope of the project for which the bids are
133		-	submitted. Substitute Senate Bill No. 1076
134		-
135		-	Public Act No. 21-198 5 of 6
136		-
137		-	Sec. 5. Section 4b-22a of the general statutes is repealed and the
138		-	following is substituted in lieu thereof (Effective July 1, 2021):
139		-	(a) Notwithstanding any provision of the general statutes, the
140		-	Commissioner of Administrative Services may (1) grant easements with
141		-	respect to land owned by the state to a public service company, as
142		-	defined in section 16-1, the owner of a district heating and cooling
143		-	system, a municipal water or sewer authority or a telecommunications
144		-	company, as defined in section 16-1, subject to the approval of the Office
145		-	of Policy and Management, the agency having supervision of the care
146		-	and control of such land and the State Properties Review Board, and (2)
147		-	acquire easements with respect to land not owned by the state in
148		-	connection with a Department of Administrative Services project,
149		-	subject to the approval of the State Properties Review Board. No
150		-	easement granted under subdivision (1) of this section shall be for the
151		-	disposal or storage of radioactive or hazardous waste materials. The
152		-	commissioner shall provide notice of any easement granted under said
153		-	subdivision to the chief executive official of the municipality, and the
154		-	members of the General Assembly representing the municipality, in
155		-	which the land is located.
156		-	(b) Notwithstanding any provision of the general statutes, the
157		-	Commissioner of Administrative Services may (1) grant rights-of-way
158		-	or other easements with respect to land owned by the state to the federal
159		-	government or any political subdivision of the state for public purposes
160		-	if the commissioner finds that such purposes are not in conflict with the
161		-	public interest, subject to the approval of the Office of Policy and
162		-	Management, the agency having supervision of the care and control of
163		-	such land, and the State Properties Review Board, and (2) acquire
164		-	easements with respect to land owned by the federal government or any
165		-	political subdivision of the state for public purposes if the commissioner
166		-	finds that such purposes do not conflict with the public interest, subject
167		-	to the approval of the State Properties Review Board. Substitute Senate Bill No. 1076
168		-
169		-	Public Act No. 21-198 6 of 6
	18	+	Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section, (1) 1
	19	+	"Costs" means all reasonable, relevant and verifiable expenses, 2
	20	+	including salary, materials, supplies, services, equipment, capital 3
	21	+	depreciation, rent, maintenance, repairs, utilities, insurance, travel, 4
	22	+	overhead, interim and final payments and the normal cost of fringe 5
	23	+	benefits, as calculated by the State Comptroller; (2) "normal cost of 6
	24	+	fringe benefits" means the amount of contributions required to fund the 7
	25	+	fringe benefits allocated to the current year of service; (3) "privatization 8
	26	+	contract" means an agreement or series of agreements between The 9
	27	+	University of Connecticut Health Center and a person or entity, in 10
	28	+	which such person or entity agrees to provide services that are 11
	29	+	substantially similar to and in lieu of services provided, in whole or in 12
	30	+	part, by The University of Connecticut Health Center employees; (4) 13
	31	+	"public-private partnership" means the relationship established 14
	32	+	between The University of Connecticut Health Center and a private 15
	33	+	entity by contracting for the performance of any combination of 16
	34	+	specified functions or responsibilities currently performed by The 17
	35	+	University of Connecticut Health Center; and (5) "savings" means the 18
	36	+	difference between the current annual direct and indirect costs of 19 Substitute Bill No. 1076
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	43	+	providing such services and the projected, annual direct and indirect 20
	44	+	costs of contracting to provide such services in any succeeding state 21
	45	+	fiscal year during the term of such proposed privatization contract. 22
	46	+	(b) (1) In lieu of complying with the provisions of section 4e-16 of the 23
	47	+	general statutes, The University of Connecticut Health Center shall 24
	48	+	obtain the approval of the General Assembly under this section prior to 25
	49	+	soliciting bids or issuing a request for proposals for any proposed 26
	50	+	privatization contract or public-private partnership contract that is 27
	51	+	estimated to cost in excess of one million dollars annually. The 28
	52	+	University of Connecticut Health Center shall file (A) any such bid 29
	53	+	solicitation or request for proposals with the clerks of the House of 30
	54	+	Representatives and Senate, and (B) a copy of such solicitation or 31
	55	+	request for proposals with the joint standing committees of the General 32
	56	+	Assembly having cognizance of matters relating to higher education 33
	57	+	and government administration, in accordance with the provisions of 34
	58	+	section 11-4a of the general statutes. As part of such filing, the chief 35
	59	+	executive officer of The University of Connecticut Health Center shall 36
	60	+	certify that, based on the data and information, all projected costs, 37
	61	+	savings and benefits are valid and achievable. Any filing made under 38
	62	+	this subsection may be electronic. 39
	63	+	(2) The General Assembly shall approve such bid solicitation or 40
	64	+	request for proposals as a whole, by a majority vote of each house or 41
	65	+	may reject such bid solicitation or request for proposals as a whole, by a 42
	66	+	majority vote of either house. If the General Assembly is in session, it 43
	67	+	shall vote to approve or reject such bid solicitation or request for 44
	68	+	proposals not later than thirty days after The University of Connecticut 45
	69	+	Health Center files such bid solicitation or request with the General 46
	70	+	Assembly. Such thirty-day period shall not begin or expire unless the 47
	71	+	General Assembly is in regular session. If the General Assembly is not 48
	72	+	in session when such bid solicitation or request for proposals is filed, it 49
	73	+	shall be submitted to the General Assembly not later than ten days after 50
	74	+	the first day of the next regular session or special session called for such 51
	75	+	purpose. For the purposes of this subsection, any bid solicitation or 52 Substitute Bill No. 1076
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	82	+	request for proposals filed with the clerks of the House of 53
	83	+	Representatives and Senate within thirty days before the 54
	84	+	commencement of a regular session of the General Assembly shall be 55
	85	+	deemed to be filed on the first day of such session. 56
	86	+	(c) The filing of any proposed bid solicitation or request for proposals 57
	87	+	by a state contracting agency in accordance with subsection (b) of this 58
	88	+	section shall be deemed to satisfy all requirements of subsections (c) and 59
	89	+	(d) of section 4e-16 of the general statutes. 60
	90	+	Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is 61
	91	+	repealed and the following is substituted in lieu thereof (Effective July 1, 62
	92	+	2021): 63
	93	+	(28) "State contracting agency" means any executive branch agency, 64
	94	+	board, commission, department, office, institution or council. "State 65
	95	+	contracting agency" does not include the judicial branch, the legislative 66
	96	+	branch, the offices of the Secretary of the State, the State Comptroller, 67
	97	+	the Attorney General, the State Treasurer, with respect to their 68
	98	+	constitutional functions, any state agency with respect to contracts 69
	99	+	specific to the constitutional and statutory functions of the office of the 70
	100	+	State Treasurer. For the purposes of section 4e-16, "state contracting 71
	101	+	agency" includes any constituent unit of the state system of higher 72
	102	+	education, [and] for the purposes of section 4e-19, "state contracting 73
	103	+	agency" includes the State Education Resource Center, established 74
	104	+	under section 10-4q, and for the purposes of section 1 of this act, "state 75
	105	+	contracting agency" includes The University of Connecticut Health 76
	106	+	Center; 77
	107	+	This act shall take effect as follows and shall amend the following
	108	+	sections:
	109	+
	110	+	Section 1 July 1, 2021 New section
	111	+	Sec. 2 July 1, 2021 4e-1(28)
	112	+	Substitute Bill No. 1076
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	119	+	Statement of Legislative Commissioners:
	120	+	In Section 1(a)(4), "Health Center" was added for consistency with the
	121	+	rest of the section, in Section 1(b)(1) and (c), "submission" was changed
	122	+	to "filing" for consistency and in section 1(b)(2), "contract" was changed
	123	+	to "bid solicitation or request" for accuracy.
	124	+
	125	+	GAE Joint Favorable Subst. -LCO
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