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General Assembly Substitute Bill No. 5453
February Session, 2022
AN ACT REQUIRING THE ONLINE POSTING OF CERTAIN STATE
CONTRACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4a-57 of the 2022 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2022): 3
(a) All purchases of, and contracts for, supplies, materials, equipment 4
and contractual services, except purchases and contracts made pursuant 5
to the provisions of subsection (b) or (d) of this section and public utility 6
services as provided in subsection (e) of this section shall be based, when 7
possible, on competitive bids or competitive negotiation. The 8
commissioner shall solicit competitive bids or proposals by providing 9
notice of the planned purchase in a form and manner that the 10
commissioner determines will maximize public participation in the 11
competitive bidding or competitive negotiation process, including 12
participation by small contractors, as defined in section 4a-60g, and 13
promote competition. In the case of an expenditure that is estimated to 14
exceed fifty thousand dollars, such notice shall be posted, not less than 15
five calendar days before the final date of submitting bids or proposals, 16
on the State Contracting Portal. Each notice of a planned purchase under 17
this subsection shall indicate the type of goods and services to be 18
purchased and the estimated value of the contract award. The notice 19
shall also contain a notice of state contract requirements concerning 20 Substitute Bill No. 5453
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nondiscrimination and affirmative action pursuant to section 4a-60 and, 21
when applicable, requirements concerning the awarding of contracts to 22
small contractors, minority business enterprises, individuals with a 23
disability and nonprofit corporations pursuant to section 4a-60g. Each 24
bid and proposal shall be kept sealed or secured until opened publicly 25
at the time stated in the notice soliciting such bid or proposal. 26
(b) The commissioner may, at the commissioner's discretion, waive 27
the requirement of competitive bidding or competitive negotiation in 28
the case of minor nonrecurring or emergency purchases of ten thousand 29
dollars or less in amount. 30
(c) The commissioner shall adopt regulations, in accordance with the 31
provisions of chapter 54, establishing (1) standards and procedures for 32
using competitive negotiation for purchases and contracts, including 33
but not limited to, criteria which shall be considered in making 34
purchases by competitive negotiation and the weight which shall be 35
assigned to each such criterion, and (2) standards and procedures under 36
which additional purchases may be made under existing contracts. 37
(d) The commissioner, in consultation with the Commissioner of 38
Energy and Environmental Protection and with the approval of the 39
Secretary of the Office of Policy and Management, may waive the 40
requirement of competitive bidding or competitive negotiation in the 41
case of a purchase of cars or light-duty trucks in order to comply with 42
any provisions of the general statutes regarding the purchase of 43
alternative fuel vehicles or any such requirement of federal law. 44
(e) (1) The purchase of or contract for the following public utility 45
services shall not be subject to competitive bidding or competitive 46
negotiation: (A) Electric distribution services; (B) water services; (C) gas 47
distribution services; (D) electric generation services until the date such 48
services are competitive pursuant to the schedule set forth in section 16-49
244b, provided electric generation services shall be exempt from 50
competitive bidding and competitive negotiation after said date if such 51
services are provided by an electric municipal utility other than by a 52 Substitute Bill No. 5453
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participating electric municipal utility, as defined in section 16-1, in the 53
service area of said electric municipal utility; and (E) gas supply services 54
until the date such services are competitive pursuant to legislative act or 55
order of the Public Utilities Regulatory Authority, provided gas supply 56
services shall be exempt from competitive bidding and competitive 57
negotiation after said date if such services are provided by a gas 58
municipal utility in the service area of said gas municipal utility. 59
(2) Any purchase of or contract by the department for electric 60
generation services that are subject to competitive bidding and 61
competitive negotiations shall be conducted in cooperation with the 62
Department of Energy and Environmental Protection pursuant to 63
section 16a-14e. 64
(f) The commissioner shall post any contract entered into under this 65
section that has not been subject to competitive bidding or competitive 66
negotiation on the Internet web site of the Department of 67
Administrative Services, provided nothing in this subsection shall be 68
construed to require the disclosure of any information not required to 69
be disclosed under subsection (b) of section 1-210. 70
[(f)] (g) Nothing in this section shall be construed to apply to the 71
award of janitorial or service contracts pursuant to the provisions of 72
subsections (b) to (d), inclusive, of section 4a-82. 73
Sec. 2. Subsection (b) of section 4a-58 of the general statutes is 74
repealed and the following is substituted in lieu thereof (Effective October 75
1, 2022): 76
(b) Whenever an emergency exists by reason of extraordinary 77
conditions or contingencies that could not reasonably be foreseen and 78
guarded against, or because of unusual trade or market conditions, the 79
Commissioner of Administrative Services, or, in the case of purchases, 80
leases and contracts for information systems, information technology 81
personal property and telecommunication systems, the Chief 82
Information Officer, may, if it is in the best interests of the state, waive 83 Substitute Bill No. 5453
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the competitive bid or proposal requirements set forth in section 4a-57, 84
as amended by this act. If any such procurement is estimated to cost fifty 85
thousand dollars or more, such waiver shall be subject to the approval 86
of the Standardization Committee. A statement of all purchases made 87
under the provisions of this section and, in the case of a contract, the 88
contract shall be posted on the Internet web site of the Department of 89
Administrative Services, provided nothing in this subsection shall be 90
construed to require the disclosure of any information not required to 91
be disclosed under subsection (b) of section 1-210. 92
Sec. 3. Subsection (c) of section 4a-59a of the general statutes is 93
repealed and the following is substituted in lieu thereof (Effective October 94
1, 2022): 95
(c) If any contract is extended pursuant to this section without 96
complying with the competitive bidding requirements of subsection (a) 97
of section 4a-57, as amended by this act, the Commissioner of 98
Administrative Services shall post the contract and an explanation of the 99
reasons for such noncompliance on the Department of Administrative 100
Services' Internet web site, provided nothing in this subsection shall be 101
construed to require the disclosure of any information not required to 102
be disclosed under subsection (b) of section 1-210. 103
Sec. 4. Section 4e-15 of the general statutes is repealed and the 104
following is substituted in lieu thereof (Effective October 1, 2022): 105
Nothing in sections 4e-1 to 4e-14, inclusive, and 4e-16 shall be 106
construed to affect the requirements of subsection [(f)] (g) of section 4a-107
57, as amended by this act, subsection (p) of section 4a-60g, sections 4a-108
82 and 17b-656 and subsection (c) of section 31-57g. 109
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 4a-57
Sec. 2 October 1, 2022 4a-58(b)
Sec. 3 October 1, 2022 4a-59a(c) Substitute Bill No. 5453
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Sec. 4 October 1, 2022 4e-15
Statement of Legislative Commissioners:
In Section 1(a), a reference to Subsec. (d) was added for accuracy and in
Section 1(f), "without being" was changed to "that has not been" for
clarity.
GAE Joint Favorable Subst. -LCO