Substitute Senate Bill No. 1076
Public Act No. 21-198
AN ACT CONCERNING THE SUBMISSION OF UPDATE
STATEMENTS, THE REMOVAL OF REFERENCES TO UPDATE BID
STATEMENTS AND THE GRANTING OF EASEMENTS ON STATE
LAND.
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
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(k) (1) Any substantial evidence of fraud in obtaining or maintaining
prequalification or any materially false statement in the application [,]
or update statement [or update bid statement] may, in the discretion of
the awarding authority, result in termination of any contract awarded
the contractor by the awarding authority. The awarding authority shall
provide written notice to the commissioner of such false statement not
later than thirty days after discovering such false statement. The
commissioner shall provide written notice of such false statement to the
Commissioner of Consumer Protection and the president of The
University of Connecticut not later than thirty days after discovering
such false statement or receiving such notice.
(2) The commissioner shall deny or revoke the prequalification of any
contractor or substantial subcontractor if the commissioner finds that Substitute Senate Bill No. 1076
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the contractor or substantial subcontractor, or a principal or key
personnel of such contractor or substantial subcontractor, within the
past five years (A) has included any materially false statement in a
prequalification application [,] or update statement, [or update bid
statement,] (B) has been convicted of, entered a plea of guilty or nolo
contendere for, or admitted to, a crime related to the procurement or
performance of any public or private construction contract, or (C) has
otherwise engaged in fraud in obtaining or maintaining
prequalification. Any revocation made pursuant to this subsection shall
be made only after an opportunity for a hearing. Any contractor or
substantial subcontractor whose prequalification has been revoked
pursuant to this subsection shall be disqualified for a period of two years
after which the contractor or substantial subcontractor may reapply for
prequalification, except that a contractor or substantial subcontractor
whose prequalification has been revoked on the basis of conviction of a
crime or engaging in fraud shall be disqualified for a period of five years
after which the contractor or substantial subcontractor may reapply for
prequalification. The commissioner shall not prequalify a contractor or
substantial subcontractor whose prequalification has been revoked
pursuant to this subdivision until the expiration of said two-year, five-
year, or other applicable disqualification period and the commissioner
is satisfied that the matters that gave rise to the revocation have been
eliminated or remedied.
Sec. 2. Subsection (n) of section 4a-100 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(n) The commissioner shall establish an update statement for use by
contractors and substantial subcontractors for purposes of renewing or
upgrading a prequalification certificate [and an update bid statement]
for purposes of submitting a bid pursuant to section 4b-91, as amended
by this act. Substitute Senate Bill No. 1076
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Sec. 3. Subsections (d) and (e) of section 4b-91 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2021):
(d) Each bid submitted for a contract described in subsection (c) of
this section shall include an update [bid] statement in such form as the
Commissioner of Administrative Services prescribes and, if required by
the public agency soliciting such bid, a copy of the prequalification
certificate issued by the Commissioner of Administrative Services. The
form for such update [bid] statement shall provide space for information
regarding all projects completed by the bidder since the date the
bidder's prequalification certificate was issued or renewed, all projects
the bidder currently has under contract, including the percentage of
work on such projects not completed, the names and qualifications of
the personnel who will have supervisory responsibility for the
performance of the contract, any significant changes in the bidder's
financial position or corporate structure since the date the certificate was
issued or renewed, any change in the contractor's qualification status as
determined by the provisions of subdivision (6) of subsection (c) of
section 4a-100 and such other relevant information as the Commissioner
of Administrative Services prescribes. [Any bid submitted without a
copy of the prequalification certificate, if required by the public agency
soliciting such bid, and an update bid statement shall be deemed
invalid.] Any public agency that accepts a bid submitted without a copy
of such prequalification certificate, if required by such public agency
soliciting such bid, and an update [bid] statement, may become
ineligible for the receipt of funds related to such bid, except the public
agency soliciting such bids may allow bidders no more than two
business days after the opening of bids to submit a copy of the
prequalification certificate, if required by such public agency, and an
update statement.
(e) Any person who bids on a contract described in subsection (c) of Substitute Senate Bill No. 1076
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this section shall certify under penalty of false statement at the
conclusion of the bidding process that the information in the bid is true,
that there has been no substantial change in the bidder's financial
position or corporate structure since the bidder's most recent
prequalification certificate was issued or renewed, other than those
changes noted in the update [bid] statement, and that the bid was made
without fraud or collusion with any person.
Sec. 4. Section 4b-92 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
As used in this chapter and except as otherwise provided, "lowest
responsible and qualified bidder" means the bidder who is prequalified
pursuant to section 4a-100, and whose bid is the lowest of those bidders
possessing the skill, ability and integrity necessary to faithful
performance of the work based on objective criteria considering past
performance and information contained in the update [bid] statement
submitted pursuant to section 4b-91, as amended by this act. Essential
information in regard to such qualifications shall be submitted with the
bid in such form as the awarding authority may require by specification
in the bid documents and on the bid form. Every general bid shall be
accompanied by a bid bond or a certified check in an amount which shall
be ten per cent of the bid, provided no such bid bond or certified check
shall be required in relation to any general bid in which the total
estimated cost of labor and materials under the contract with respect to
which such general bid is submitted is less than fifty thousand dollars.
Failure to execute a contract awarded as specified and bid shall result in
the forfeiture of such bid bond or certified check. In considering past
performance the awarding authority shall evaluate the skill, ability and
integrity of bidders in terms of the bidders' fulfillment of contract
obligations and of the bidders' experience or lack of experience with
projects of the nature and scope of the project for which the bids are
submitted. Substitute Senate Bill No. 1076
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Sec. 5. Section 4b-22a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Notwithstanding any provision of the general statutes, the
Commissioner of Administrative Services may (1) grant easements with
respect to land owned by the state to a public service company, as
defined in section 16-1, the owner of a district heating and cooling
system, a municipal water or sewer authority or a telecommunications
company, as defined in section 16-1, subject to the approval of the Office
of Policy and Management, the agency having supervision of the care
and control of such land and the State Properties Review Board, and (2)
acquire easements with respect to land not owned by the state in
connection with a Department of Administrative Services project,
subject to the approval of the State Properties Review Board. No
easement granted under subdivision (1) of this section shall be for the
disposal or storage of radioactive or hazardous waste materials. The
commissioner shall provide notice of any easement granted under said
subdivision to the chief executive official of the municipality, and the
members of the General Assembly representing the municipality, in
which the land is located.
(b) Notwithstanding any provision of the general statutes, the
Commissioner of Administrative Services may (1) grant rights-of-way
or other easements with respect to land owned by the state to the federal
government or any political subdivision of the state for public purposes
if the commissioner finds that such purposes are not in conflict with the
public interest, subject to the approval of the Office of Policy and
Management, the agency having supervision of the care and control of
such land, and the State Properties Review Board, and (2) acquire
easements with respect to land owned by the federal government or any
political subdivision of the state for public purposes if the commissioner
finds that such purposes do not conflict with the public interest, subject
to the approval of the State Properties Review Board. Substitute Senate Bill No. 1076
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