Connecticut 2022 Regular Session

Connecticut Senate Bill SB00344 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	8		General Assembly Raised Bill No. 344
8	9		February Session, 2022
9	10		LCO No. 2642
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12	13		Referred to Committee on VETERANS' AFFAIRS
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14	15
15	16		Introduced by:
16	17		(VA)
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20	22		AN ACT CONCERNING STATE CONTRACTING PRICE
21	23		PREFERENCES FOR VETERAN -OWNED BUSINESSES.
22	24		Be it enacted by the Senate and House of Representatives in General
23	25		Assembly convened:
24	26
25	27		Section 1. Subsection (c) of section 4a-59 of the 2022 supplement to 1
26	28		the general statutes is repealed and the following is substituted in lieu 2
27	29		thereof (Effective October 1, 2022): 3
28	30		(c) (1) All open market orders or contracts shall be awarded to [(1)] 4
29	31		(A) the lowest responsible qualified bidder, the qualities of the articles 5
30	32		to be supplied, their conformity with the specifications, their suitability 6
31	33		to the requirements of the state government and the delivery terms 7
32	34		being taken into consideration and, at the discretion of the 8
33	35		Commissioner of Administrative Services, life-cycle costs and trade-in 9
34	36		or resale value of the articles may be considered where it appears to be 10
35	37		in the best interest of the state, [(2)] (B) the highest scoring bidder in a 11
36	38		multiple criteria bid, in accordance with the criteria set forth in the bid 12
37	39		solicitation for the contract, or [(3)] (C) the proposer whose proposal is 13
38	40		deemed by the awarding authority to be the most advantageous to the 14
39		-	state, in accordance with the criteria set forth in the request for 15 Raised Bill No. 344
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	41	+	state, in accordance with the criteria set forth in the request for 15
	42	+	LCO No. 2642 2 of 4
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46	44		proposals, including price and evaluation factors. 16
47	45		(2) Notwithstanding any provision of the general statutes, [to the 17
48	46		contrary,] each state agency awarding a contract through competitive 18
49	47		negotiation shall include price as an explicit factor in the criteria in the 19
50	48		request for proposals and for the contract award. In considering past 20
51	49		performance of a bidder for the purpose of determining the "lowest 21
52	50		responsible qualified bidder" or the "highest scoring bidder in a multiple 22
53	51		criteria bid", the commissioner shall evaluate the skill, ability and 23
54	52		integrity of the bidder in terms of the bidder's fulfillment of past contract 24
55	53		obligations and the bidder's experience or lack of experience in 25
56	54		delivering supplies, materials, equipment or contractual services of the 26
57	55		size or amount for which bids have been solicited. 27
58	56		(3) In determining the lowest responsible qualified bidder for the 28
59	57		purposes of this section, the commissioner may give a price preference 29
60	58		of up to ten per cent for: 30
61	59		(A) [the] The purchase of goods made with recycled materials or the 31
62	60		purchase of recyclable or remanufactured products if the commissioner 32
63	61		determines that such preference would promote recycling or 33
64	62		remanufacturing. As used in this subsection, (i) "recyclable" means able 34
65	63		to be collected, separated or otherwise recovered from the solid waste 35
66	64		stream for reuse, or for use in the manufacture or assembly of another 36
67	65		package or product, by means of a recycling program [which] that is 37
68	66		reasonably available to at least seventy-five per cent of the state's 38
69	67		population, (ii) "remanufactured" means restored to its original function 39
70	68		and thereby diverted from the solid waste stream by retaining the bulk 40
71	69		of components that have been used at least once and by replacing 41
72	70		consumable components, and (iii) "remanufacturing" means any 42
73	71		process by which a product is remanufactured; 43
74	72		(B) [the] The purchase of motor vehicles powered by a clean 44
75	73		alternative fuel; 45
76		-	(C) [the] The purchase of motor vehicles powered by fuel other than 46 Raised Bill No. 344
	74	+	(C) [the] The purchase of motor vehicles powered by fuel other than 46
	75	+	a clean alternative fuel and conversion equipment to convert such motor 47
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83		-	a clean alternative fuel and conversion equipment to convert such motor 47
84	78		vehicles allowing the vehicles to be powered by either the exclusive use 48
85	79		of clean alternative fuel or dual use of a clean alternative fuel and a fuel 49
86	80		other than a clean alternative fuel. As used in this subsection, "clean 50
87	81		alternative fuel" means natural gas, electricity, hydrogen or propane 51
88	82		when used as a motor vehicle fuel; [or] 52
89	83		(D) [the] The purchase of goods or services from a micro business. As 53
90	84		used in this subsection, "micro business" means a business with gross 54
91	85		revenues not exceeding three million dollars in the most recently 55
92	86		completed fiscal year; or 56
93	87		(E) The purchase of goods or services from a veteran-owned business, 57
94	88		except that, in the case of a veteran-owned micro business, the 58
95	89		commissioner may give a price preference of up to fifteen per cent. As 59
96	90		used in this subsection, ["micro business" means a business with gross 60
97	91		revenues not exceeding three million dollars in the most recently 61
98	92		completed fiscal year,] (i) "veteran-owned business" means a business 62
99	93		of which at least fifty-one per cent of the ownership is held by one or 63
100	94		more veterans, (ii) "veteran-owned micro business" means a micro 64
101	95		business of which at least fifty-one per cent of the ownership is held by 65
102	96		one or more veterans, and (iii) "veteran" has the same meaning as 66
103	97		provided in section 27-103. 67
104	98		(4) All other factors being equal, preference shall be given to supplies, 68
105	99		materials and equipment produced, assembled or manufactured in the 69
106	100		state and services originating and provided in the state. 70
107	101		(5) (A) Except with regard to contracts that may be paid for with 71
108	102		United States Department of Transportation funds, if any such bidder 72
109	103		refuses to accept, within ten days, a contract awarded to such bidder, 73
110	104		such contract may be awarded to the next lowest responsible qualified 74
111	105		bidder or the next highest scoring bidder in a multiple criteria bid, 75
112	106		whichever is applicable, and so on until such contract is awarded and 76
113		-	accepted. 77 Raised Bill No. 344
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	107	+	accepted. 77
120	108		(B) Except with regard to contracts that may be paid for with United 78
121	109		States Department of Transportation funds, if any such proposer refuses 79
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122	112		to accept, within ten days, a contract awarded to such proposer, such 80
123	113		contract shall be awarded to the next most advantageous proposer, and 81
124	114		so on until the contract is awarded and accepted. 82
125	115		(6) There shall be a written evaluation made of each bid. This 83
126	116		evaluation shall identify the vendors and their respective costs and 84
127	117		prices, document the reason why any vendor is deemed to be 85
128	118		nonresponsive and recommend a vendor for award. A contract valued 86
129	119		at one million dollars or more shall be awarded to a bidder other than 87
130	120		the lowest responsible qualified bidder or the highest scoring bidder in 88
131	121		a multiple criteria bid, whichever is applicable, only with written 89
132	122		approval signed by the Commissioner of Administrative Services and 90
133	123		by the Comptroller. The commissioner shall post on the department's 91
134	124		Internet web site all awards made pursuant to the provisions of this 92
135	125		section. 93
136	126		This act shall take effect as follows and shall amend the following
137	127		sections:
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139	129		Section 1 October 1, 2022 4a-59(c)
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141		-	VA Joint Favorable
	131	+	Statement of Purpose:
	132	+	To provide a price preference of ten per cent for the purchase of goods
	133	+	or services from veteran-owned businesses when determining the
	134	+	lowest responsible qualified bidder in state contracting.
	135	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	136	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	137	+	underlined.]
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