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OLR Bill Analysis
HB 5453
AN ACT REQUIRING THE ONLINE POSTING OF CERTAIN STATE
CONTRACTS.
SUMMARY
This bill requires the Department of Administrative Services (DAS)
to post on its website any goods or services contract or extension entered
into without competitive bidding or competitive negotiation, including
through emergency procurement authority. In doing so, it expands
upon provisions in current law that require DAS to post on its website
information about specified contracts and purchases meeting these
criteria. It allows DAS, when posting these contracts, to redact
information that is not subject to disclosure under the Freedom of
Information Act.
The bill also makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2022
CONTRACTS ENTERED INTO WITHOUT COMPETITIVE BIDDING
OR NEGOTIATION
Generally, the law requires the DAS commissioner, when possible, to
use competitive bidding or negotiation when purchasing, and entering
into contracts for, supplies, materials, equipment, and contractual
services (i.e., goods or services). The law establishes exceptions for,
among other things, (1) minor nonrecurring or emergency purchases of
$10,000 or less, (2) purchasing cars or light-duty trucks to comply with
state and federal laws for purchasing alternative-fuel vehicles, and (3)
certain public utility services. The bill requires the commissioner to post
on the department’s website any contract entered into under these
exceptions (or otherwise not subject to competitive bidding or
negotiation).
The law also grants a competitive bidding and negotiation exception 2022HB-05453-R000497-BA.DOCX
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for emergencies due to (1) extraordinary conditions or contingencies
that could not be reasonably foreseen and guarded against or (2)
unusual trade or market conditions. Current law requires that a
statement of all purchases made using this authority be posted on DAS’s
website. The bill additionally requires the posting of all contracts
entered into using this authority.
The bill similarly expands an existing requirement about contract
extension information. Existing law generally prohibits state agencies
from extending a goods and services contract without competitive
bidding or negotiation unless the DAS commissioner makes a written
determination that it is necessary to do so for specified reasons (e.g., for
a sole source procurement). Under current law, the commissioner must
post, for any contract extended in this manner, the reasons for
noncompliance on the department’s website. The bill additionally
requires her to post the contract itself.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 19 Nay 0 (03/29/2022)