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 22-65—sHB 5453
Government Administration and Elections Committee
AN ACT REQUIRING THE ONLINE POSTING OF CERTAIN STATE
CONTRACTS
SUMMARY: This act 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 prior
law that required the department 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 act 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 act 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 has a competitive bidding and negotiation exception 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.
Prior law required that a statement of all purchases made using this authority be
posted on DAS’s website. The act additionally requires the posting of all contracts
entered into using this authority.
The act 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 for specified
reasons (e.g., for a sole source procurement). Under prior law, the commissioner
had to post the reasons for noncompliance on the department’s website for any
contract extended this way. The act requires her to post the actual contract as well.