Connecticut 2022 Regular Session

Connecticut House Bill HB05453 Compare Versions

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4		-	Substitute House Bill No. 5453
	7	+	General Assembly Substitute Bill No. 5453
	8	+	February Session, 2022
5	9
6		-	Public Act No. 22-65
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8	11
9	12		AN ACT REQUIRING THE ONLINE POSTING OF CERTAIN STATE
10	13		CONTRACTS.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Section 4a-57 of the 2022 supplement to the general statutes
15		-	is repealed and the following is substituted in lieu thereof (Effective
16		-	October 1, 2022):
17		-	(a) All purchases of, and contracts for, supplies, materials, equipment
18		-	and contractual services, except purchases and contracts made pursuant
19		-	to the provisions of subsection (b) or (d) of this section and public utility
20		-	services as provided in subsection (e) of this section shall be based, when
21		-	possible, on competitive bids or competitive negotiation. The
22		-	commissioner shall solicit competitive bids or proposals by providing
23		-	notice of the planned purchase in a form and manner that the
24		-	commissioner determines will maximize public participation in the
25		-	competitive bidding or competitive negotiation process, including
26		-	participation by small contractors, as defined in section 4a-60g, and
27		-	promote competition. In the case of an expenditure that is estimated to
28		-	exceed fifty thousand dollars, such notice shall be posted, not less than
29		-	five calendar days before the final date of submitting bids or proposals,
30		-	on the State Contracting Portal. Each notice of a planned purchase under
31		-	this subsection shall indicate the type of goods and services to be Substitute House Bill No. 5453
	17	+	Section 1. Section 4a-57 of the 2022 supplement to the general statutes 1
	18	+	is repealed and the following is substituted in lieu thereof (Effective 2
	19	+	October 1, 2022): 3
	20	+	(a) All purchases of, and contracts for, supplies, materials, equipment 4
	21	+	and contractual services, except purchases and contracts made pursuant 5
	22	+	to the provisions of subsection (b) or (d) of this section and public utility 6
	23	+	services as provided in subsection (e) of this section shall be based, when 7
	24	+	possible, on competitive bids or competitive negotiation. The 8
	25	+	commissioner shall solicit competitive bids or proposals by providing 9
	26	+	notice of the planned purchase in a form and manner that the 10
	27	+	commissioner determines will maximize public participation in the 11
	28	+	competitive bidding or competitive negotiation process, including 12
	29	+	participation by small contractors, as defined in section 4a-60g, and 13
	30	+	promote competition. In the case of an expenditure that is estimated to 14
	31	+	exceed fifty thousand dollars, such notice shall be posted, not less than 15
	32	+	five calendar days before the final date of submitting bids or proposals, 16
	33	+	on the State Contracting Portal. Each notice of a planned purchase under 17
	34	+	this subsection shall indicate the type of goods and services to be 18
	35	+	purchased and the estimated value of the contract award. The notice 19
	36	+	shall also contain a notice of state contract requirements concerning 20 Substitute Bill No. 5453
32	37
33		-	Public Act No. 22-65 2 of 5
34	38
35		-	purchased and the estimated value of the contract award. The notice
36		-	shall also contain a notice of state contract requirements concerning
37		-	nondiscrimination and affirmative action pursuant to section 4a-60 and,
38		-	when applicable, requirements concerning the awarding of contracts to
39		-	small contractors, minority business enterprises, individuals with a
40		-	disability and nonprofit corporations pursuant to section 4a-60g. Each
41		-	bid and proposal shall be kept sealed or secured until opened publicly
42		-	at the time stated in the notice soliciting such bid or proposal.
43		-	(b) The commissioner may, at the commissioner's discretion, waive
44		-	the requirement of competitive bidding or competitive negotiation in
45		-	the case of minor nonrecurring or emergency purchases of ten thousand
46		-	dollars or less in amount.
47		-	(c) The commissioner shall adopt regulations, in accordance with the
48		-	provisions of chapter 54, establishing (1) standards and procedures for
49		-	using competitive negotiation for purchases and contracts, including
50		-	but not limited to, criteria which shall be considered in making
51		-	purchases by competitive negotiation and the weight which shall be
52		-	assigned to each such criterion, and (2) standards and procedures under
53		-	which additional purchases may be made under existing contracts.
54		-	(d) The commissioner, in consultation with the Commissioner of
55		-	Energy and Environmental Protection and with the approval of the
56		-	Secretary of the Office of Policy and Management, may waive the
57		-	requirement of competitive bidding or competitive negotiation in the
58		-	case of a purchase of cars or light-duty trucks in order to comply with
59		-	any provisions of the general statutes regarding the purchase of
60		-	alternative fuel vehicles or any such requirement of federal law.
61		-	(e) (1) The purchase of or contract for the following public utility
62		-	services shall not be subject to competitive bidding or competitive
63		-	negotiation: (A) Electric distribution services; (B) water services; (C) gas
64		-	distribution services; (D) electric generation services until the date such Substitute House Bill No. 5453
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66		-	Public Act No. 22-65 3 of 5
	43	+	nondiscrimination and affirmative action pursuant to section 4a-60 and, 21
	44	+	when applicable, requirements concerning the awarding of contracts to 22
	45	+	small contractors, minority business enterprises, individuals with a 23
	46	+	disability and nonprofit corporations pursuant to section 4a-60g. Each 24
	47	+	bid and proposal shall be kept sealed or secured until opened publicly 25
	48	+	at the time stated in the notice soliciting such bid or proposal. 26
	49	+	(b) The commissioner may, at the commissioner's discretion, waive 27
	50	+	the requirement of competitive bidding or competitive negotiation in 28
	51	+	the case of minor nonrecurring or emergency purchases of ten thousand 29
	52	+	dollars or less in amount. 30
	53	+	(c) The commissioner shall adopt regulations, in accordance with the 31
	54	+	provisions of chapter 54, establishing (1) standards and procedures for 32
	55	+	using competitive negotiation for purchases and contracts, including 33
	56	+	but not limited to, criteria which shall be considered in making 34
	57	+	purchases by competitive negotiation and the weight which shall be 35
	58	+	assigned to each such criterion, and (2) standards and procedures under 36
	59	+	which additional purchases may be made under existing contracts. 37
	60	+	(d) The commissioner, in consultation with the Commissioner of 38
	61	+	Energy and Environmental Protection and with the approval of the 39
	62	+	Secretary of the Office of Policy and Management, may waive the 40
	63	+	requirement of competitive bidding or competitive negotiation in the 41
	64	+	case of a purchase of cars or light-duty trucks in order to comply with 42
	65	+	any provisions of the general statutes regarding the purchase of 43
	66	+	alternative fuel vehicles or any such requirement of federal law. 44
	67	+	(e) (1) The purchase of or contract for the following public utility 45
	68	+	services shall not be subject to competitive bidding or competitive 46
	69	+	negotiation: (A) Electric distribution services; (B) water services; (C) gas 47
	70	+	distribution services; (D) electric generation services until the date such 48
	71	+	services are competitive pursuant to the schedule set forth in section 16-49
	72	+	244b, provided electric generation services shall be exempt from 50
	73	+	competitive bidding and competitive negotiation after said date if such 51
	74	+	services are provided by an electric municipal utility other than by a 52 Substitute Bill No. 5453
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68		-	services are competitive pursuant to the schedule set forth in section 16-
69		-	244b, provided electric generation services shall be exempt from
70		-	competitive bidding and competitive negotiation after said date if such
71		-	services are provided by an electric municipal utility other than by a
72		-	participating electric municipal utility, as defined in section 16-1, in the
73		-	service area of said electric municipal utility; and (E) gas supply services
74		-	until the date such services are competitive pursuant to legislative act or
75		-	order of the Public Utilities Regulatory Authority, provided gas supply
76		-	services shall be exempt from competitive bidding and competitive
77		-	negotiation after said date if such services are provided by a gas
78		-	municipal utility in the service area of said gas municipal utility.
79		-	(2) Any purchase of or contract by the department for electric
80		-	generation services that are subject to competitive bidding and
81		-	competitive negotiations shall be conducted in cooperation with the
82		-	Department of Energy and Environmental Protection pursuant to
83		-	section 16a-14e.
84		-	(f) The commissioner shall post any contract entered into under this
85		-	section that has not been subject to competitive bidding or competitive
86		-	negotiation on the Internet web site of the Departmen t of
87		-	Administrative Services, provided nothing in this subsection shall be
88		-	construed to require the disclosure of any information not required to
89		-	be disclosed under subsection (b) of section 1-210.
90		-	[(f)] (g) Nothing in this section shall be construed to apply to the
91		-	award of janitorial or service contracts pursuant to the provisions of
92		-	subsections (b) to (d), inclusive, of section 4a-82.
93		-	Sec. 2. Subsection (b) of section 4a-58 of the general statutes is
94		-	repealed and the following is substituted in lieu thereof (Effective October
95		-	1, 2022):
96		-	(b) Whenever an emergency exists by reason of extraordinary Substitute House Bill No. 5453
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98		-	Public Act No. 22-65 4 of 5
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100		-	conditions or contingencies that could not reasonably be foreseen and
101		-	guarded against, or because of unusual trade or market conditions, the
102		-	Commissioner of Administrative Services, or, in the case of purchases,
103		-	leases and contracts for information systems, information technology
104		-	personal property and telecommunication systems, the Chief
105		-	Information Officer, may, if it is in the best interests of the state, waive
106		-	the competitive bid or proposal requirements set forth in section 4a-57,
107		-	as amended by this act. If any such procurement is estimated to cost fifty
108		-	thousand dollars or more, such waiver shall be subject to the approval
109		-	of the Standardization Committee. A statement of all purchases made
110		-	under the provisions of this section and, in the case of a contract, the
111		-	contract shall be posted on the Internet web site of the Department of
112		-	Administrative Services, provided nothing in this subsection shall be
113		-	construed to require the disclosure of any information not required to
114		-	be disclosed under subsection (b) of section 1-210.
115		-	Sec. 3. Subsection (c) of section 4a-59a of the general statutes is
116		-	repealed and the following is substituted in lieu thereof (Effective October
117		-	1, 2022):
118		-	(c) If any contract is extended pursuant to this section without
119		-	complying with the competitive bidding requirements of subsection (a)
120		-	of section 4a-57, as amended by this act, the Commissioner of
121		-	Administrative Services shall post the contract and an explanation of the
122		-	reasons for such noncompliance on the Department of Administrative
123		-	Services' Internet web site, provided nothing in this subsection shall be
124		-	construed to require the disclosure of any information not required to
125		-	be disclosed under subsection (b) of section 1-210.
126		-	Sec. 4. Section 4e-15 of the general statutes is repealed and the
127		-	following is substituted in lieu thereof (Effective October 1, 2022):
128		-	Nothing in sections 4e-1 to 4e-14, inclusive, and 4e-16 shall be
129		-	construed to affect the requirements of subsection [(f)] (g) of section 4a- Substitute House Bill No. 5453
	81	+	participating electric municipal utility, as defined in section 16-1, in the 53
	82	+	service area of said electric municipal utility; and (E) gas supply services 54
	83	+	until the date such services are competitive pursuant to legislative act or 55
	84	+	order of the Public Utilities Regulatory Authority, provided gas supply 56
	85	+	services shall be exempt from competitive bidding and competitive 57
	86	+	negotiation after said date if such services are provided by a gas 58
	87	+	municipal utility in the service area of said gas municipal utility. 59
	88	+	(2) Any purchase of or contract by the department for electric 60
	89	+	generation services that are subject to competitive bidding and 61
	90	+	competitive negotiations shall be conducted in cooperation with the 62
	91	+	Department of Energy and Environmental Protection pursuant to 63
	92	+	section 16a-14e. 64
	93	+	(f) The commissioner shall post any contract entered into under this 65
	94	+	section that has not been subject to competitive bidding or competitive 66
	95	+	negotiation on the Internet web site of the Department of 67
	96	+	Administrative Services, provided nothing in this subsection shall be 68
	97	+	construed to require the disclosure of any information not required to 69
	98	+	be disclosed under subsection (b) of section 1-210. 70
	99	+	[(f)] (g) Nothing in this section shall be construed to apply to the 71
	100	+	award of janitorial or service contracts pursuant to the provisions of 72
	101	+	subsections (b) to (d), inclusive, of section 4a-82. 73
	102	+	Sec. 2. Subsection (b) of section 4a-58 of the general statutes is 74
	103	+	repealed and the following is substituted in lieu thereof (Effective October 75
	104	+	1, 2022): 76
	105	+	(b) Whenever an emergency exists by reason of extraordinary 77
	106	+	conditions or contingencies that could not reasonably be foreseen and 78
	107	+	guarded against, or because of unusual trade or market conditions, the 79
	108	+	Commissioner of Administrative Services, or, in the case of purchases, 80
	109	+	leases and contracts for information systems, information technology 81
	110	+	personal property and telecommunication systems, the Chief 82
	111	+	Information Officer, may, if it is in the best interests of the state, waive 83 Substitute Bill No. 5453
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131		-	Public Act No. 22-65 5 of 5
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133		-	57, as amended by this act, subsection (p) of section 4a-60g, sections 4a-
134		-	82 and 17b-656 and subsection (c) of section 31-57g.
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	118	+	the competitive bid or proposal requirements set forth in section 4a-57, 84
	119	+	as amended by this act. If any such procurement is estimated to cost fifty 85
	120	+	thousand dollars or more, such waiver shall be subject to the approval 86
	121	+	of the Standardization Committee. A statement of all purchases made 87
	122	+	under the provisions of this section and, in the case of a contract, the 88
	123	+	contract shall be posted on the Internet web site of the Department of 89
	124	+	Administrative Services, provided nothing in this subsection shall be 90
	125	+	construed to require the disclosure of any information not required to 91
	126	+	be disclosed under subsection (b) of section 1-210. 92
	127	+	Sec. 3. Subsection (c) of section 4a-59a of the general statutes is 93
	128	+	repealed and the following is substituted in lieu thereof (Effective October 94
	129	+	1, 2022): 95
	130	+	(c) If any contract is extended pursuant to this section without 96
	131	+	complying with the competitive bidding requirements of subsection (a) 97
	132	+	of section 4a-57, as amended by this act, the Commissioner of 98
	133	+	Administrative Services shall post the contract and an explanation of the 99
	134	+	reasons for such noncompliance on the Department of Administrative 100
	135	+	Services' Internet web site, provided nothing in this subsection shall be 101
	136	+	construed to require the disclosure of any information not required to 102
	137	+	be disclosed under subsection (b) of section 1-210. 103
	138	+	Sec. 4. Section 4e-15 of the general statutes is repealed and the 104
	139	+	following is substituted in lieu thereof (Effective October 1, 2022): 105
	140	+	Nothing in sections 4e-1 to 4e-14, inclusive, and 4e-16 shall be 106
	141	+	construed to affect the requirements of subsection [(f)] (g) of section 4a-107
	142	+	57, as amended by this act, subsection (p) of section 4a-60g, sections 4a-108
	143	+	82 and 17b-656 and subsection (c) of section 31-57g. 109
	144	+	This act shall take effect as follows and shall amend the following
	145	+	sections:
	146	+
	147	+	Section 1 October 1, 2022 4a-57
	148	+	Sec. 2 October 1, 2022 4a-58(b)
	149	+	Sec. 3 October 1, 2022 4a-59a(c) Substitute Bill No. 5453
	150	+
	151	+
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	156	+	Sec. 4 October 1, 2022 4e-15
	157	+
	158	+	Statement of Legislative Commissioners:
	159	+	In Section 1(a), a reference to Subsec. (d) was added for accuracy and in
	160	+	Section 1(f), "without being" was changed to "that has not been" for
	161	+	clarity.
	162	+
	163	+	GAE Joint Favorable Subst. -LCO
135	164