Connecticut 2022 Regular Session

Connecticut Senate Bill SB00469 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Raised Bill No. 469
8	8		February Session, 2022
9	9		LCO No. 3049
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12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	12	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	13	+	AND ELECTIONS
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15	15
16	16		Introduced by:
17	17		(GAE)
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21	22		AN ACT CONCERNING THE USE OF COMPETITIVE PROCUREMENT
22	23		FOR STATE CONTRACTS.
23	24		Be it enacted by the Senate and House of Representatives in General
24	25		Assembly convened:
25	26
26	27		Section 1. Section 4-212 of the general statutes is repealed and the 1
27	28		following is substituted in lieu thereof (Effective October 1, 2022): 2
28	29		As used in this section and sections [4-212] 4-213 to 4-219, inclusive: 3
29	30		(1) "Competitive negotiation" means a procedure for contracting for 4
30	31		services in which (A) proposals are solicited from qualified persons, 5
31	32		firms or corporations by a request for proposals or any other form of 6
32	33		competitive procurement, and (B) changes may be negotiated in 7
33	34		proposals and prices after being submitted. 8
34	35		(2) "Competitive procurement" means the purchase or acquisition of 9
35	36		services by a state agency through an open and fair process, where all 10
36	37		responsible entities have an equal opportunity to pursue, and 11
37	38		potentially be selected for, a contract to provide the state agency with 12
38	39		the desired services. 13 Raised Bill No. 469
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45	45		[(2)] (3) "Personal service contractor" means any person, firm or 14
46	46		corporation not employed by the state, who is hired by a state agency 15
47	47		for a fee to provide services to the agency. The term "personal service 16
48	48		contractor" [shall] does not include (A) a person, firm or corporation 17
49	49		providing "contractual services", as defined in section 4a-50, as 18
50	50		amended by this act, to the state, (B) a "consultant", as defined in section 19
51	51		4b-55, (C) a "consultant", as defined in section 13b-20b, (D) an agency of 20
52	52		the federal government, of the state or of a political subdivision of the 21
53	53		state, or (E) a person, firm or corporation providing consultant services 22
54	54		for information and telecommunications systems authorized under 23
55	55		subdivision (3) of subsection (b) of section 4d-2. 24
56	56		[(3)] (4) "Personal service agreement" means a written agreement 25
57	57		defining the services or end product to be delivered by a personal 26
58	58		service contractor to a state agency, excluding any agreement with a 27
59	59		personal service contractor that the state accounting manual does not 28
60	60		require to be submitted to the Comptroller. 29
61	61		[(4)] (5) "Secretary" means the Secretary of the Office of Policy and 30
62	62		Management. 31
63	63		[(5)] (6) "State agency" means a department, board, council, 32
64	64		commission, institution or other executive branch agency. 33
65	65		Sec. 2. Section 4-214 of the general statutes is repealed and the 34
66	66		following is substituted in lieu thereof (Effective October 1, 2022): 35
67	67		Each personal service agreement executed (1) on or after July 1, 1994, 36
68	68		until June 30, 2023, and having a cost of not more than twenty thousand 37
69	69		dollars and a term of not more than one year, and (2) on or after July 1, 38
70	70		2023, and having a cost of not more than fifty thousand dollars and a 39
71	71		term of not more than one year, shall be based, when possible, on 40
72	72		competitive negotiation or competitive quotations. 41
73	73		Sec. 3. Section 4-215 of the general statutes is repealed and the 42
74	74		following is substituted in lieu thereof (Effective October 1, 2022): 43 Raised Bill No. 469
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81	80		(a) Each personal service agreement executed on or after July 1, 1994, 44
82	81		until June 30, 2023, and having a cost of more than twenty thousand 45
83	82		dollars but not more than fifty thousand dollars and a term of not more 46
84	83		than one year, or executed on or after July 1, 2023, and having a cost of 47
85	84		more than fifty thousand dollars and a term of not more than one year, 48
86	85		shall be based on competitive negotiation or competitive quotations, 49
87	86		unless the state agency purchasing the personal services determines that 50
88	87		a sole source purchase is required and applies to the secretary for a 51
89	88		waiver from such requirement and the secretary grants the waiver. Not 52
90	89		later than March 1, 1994, the secretary shall adopt guidelines for 53
91	90		determining the types of services that may qualify for such waivers. The 54
92	91		qualifying services shall include, but not be limited to, (1) services for 55
93	92		which the cost to the state of a competitive selection procedure would 56
94	93		outweigh the benefits of such procedure, as documented by the state 57
95	94		agency, (2) proprietary services, (3) services to be provided by a 58
96	95		contractor mandated by the general statutes or a public or special act, 59
97	96		and (4) emergency services, including services needed for the protection 60
98	97		of life or health. The secretary shall post any approvals of requests for a 61
99	98		waiver received under this section on the State Contracting Portal. Not 62
100	99		later than January 15, 2020, and annually thereafter, the secretary shall 63
101	100		submit a report, in accordance with the provisions of section 11-4a, to 64
102	101		the joint standing committees of the General Assembly having 65
103	102		cognizance of matters relating to appropriations and the budgets of state 66
104	103		agencies and government administration and the State Contracting 67
105	104		Standards Board listing any such waiver requests received during the 68
106	105		prior year and the justification for the grant or denial of such request. 69
107	106		(b) [The secretary] Prior to submitting an application to the secretary 70
108	107		for approval of a sole source purchase of audit services, the state agency 71
109	108		shall [immediately] notify the Auditors of Public Accounts of any 72
110	109		[application that the secretary receives for approval of a sole source 73
111	110		purchase of audit services] such intended application and give the 74
112	111		auditors the opportunity to review the application to advise the state 75
113	112		agency and secretary as to whether such services are necessary and, if 76
114	113		so, whether such services could be provided by said auditors. 77 Raised Bill No. 469
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121	119		Sec. 4. Subsection (a) of section 4-216 of the 2022 supplement to the 78
122	120		general statutes is repealed and the following is substituted in lieu 79
123	121		thereof (Effective October 1, 2022): 80
124	122		(a) No state agency may execute a personal service agreement having 81
125	123		a cost of more than fifty thousand dollars or a term of more than one 82
126	124		year, without the approval of the secretary. A state agency may apply 83
127	125		for an approval by submitting the following information to the 84
128	126		secretary: (1) A description of the services to be purchased and the need 85
129	127		for such services; (2) an estimate of the cost of the services and the term 86
130	128		of the agreement; (3) whether the services are to be on-going; (4) 87
131	129		whether the state agency has contracted out for such services during the 88
132	130		preceding two years and, if so, the name of the contractor, term of the 89
133	131		agreement with such contractor and the amount paid to the contractor; 90
134	132		(5) whether any other state agency has the resources to provide the 91
135	133		services; (6) whether the agency intends to purchase the services by 92
136	134		competitive negotiation and, if not, why; and (7) whether it is possible 93
137	135		to purchase the services on a cooperative basis with other state agencies. 94
138	136		The secretary shall approve or disapprove an application [within] not 95
139	137		later than fifteen business days after receiving it and any necessary 96
140	138		supporting information. [, provided if the secretary does not act within 97
141	139		such fifteen-day period the application shall be deemed to have been 98
142	140		approved. The secretary shall immediately notify the Auditors of Public 99
143	141		Accounts of any application which the secretary receives] Prior to 100
144	142		submitting an application for approval of a personal services agreement 101
145	143		for audit services to the secretary, the state agency shall notify the 102
146	144		Auditors of Public Accounts of such intended application and give said 103
147	145		auditors an opportunity to review the application during such fifteen-104
148	146		day period and advise the state agency and secretary as to whether such 105
149	147		audit services are necessary and, if so, could be provided by said 106
150	148		auditors. 107
151	149		Sec. 5. Subsection (a) of section 4-217 of the general statutes is 108
152	150		repealed and the following is substituted in lieu thereof (Effective October 109
153	151		1, 2022): 110 Raised Bill No. 469
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160	157		(a) [Not later than March 1, 1994, the] The Secretary of the Office of 111
161	158		Policy and Management shall establish standards for state agencies to 112
162	159		follow in entering into personal service agreements. The standards shall 113
163	160		include, but not be limited to, provisions for: (1) Evaluating the need to 114
164	161		use a personal service agreement, (2) developing a request for proposals 115
165	162		or any other form of competitive procurement, (3) advertising for 116
166	163		personal service contractors, (4) evaluating submitted proposals, (5) 117
167	164		selecting a personal service contractor, including compliance with 118
168	165		section 4a-60g, (6) systematically monitoring and evaluating personal 119
169	166		service contractor performance, (7) documenting the entire process for 120
170	167		selecting and managing personal service contractors, and (8) carrying 121
171	168		out any other aspect of such process. 122
172	169		Sec. 6. Subsection (a) of section 4-218 of the general statutes is 123
173	170		repealed and the following is substituted in lieu thereof (Effective October 124
174	171		1, 2022): 125
175	172		(a) Not later than October 1, 2009, and annually thereafter, the 126
176	173		secretary shall submit a report to the General Assembly indicating (1) 127
177	174		for each personal service agreement, pursuant to sections 4-214 to 4-216, 128
178	175		inclusive, as amended by this act, and executed during the preceding 129
179	176		fiscal year, (A) the name of the personal service contractor, (B) a 130
180	177		description of the services provided, (C) the term and cost of the 131
181	178		agreement, and (D) the method of selecting the personal service 132
182	179		contractor; and (2) for each such agreement either executed or otherwise 133
183	180		in effect during the preceding fiscal year, (A) the amount of all payments 134
184	181		made during the preceding fiscal year to the personal service contractor, 135
185	182		[and] (B) the amount of any federal or private funds allocated for such 136
186	183		payments, and (C) the total amount of all such payments. 137
187	184		Sec. 7. Section 4a-50 of the general statutes is repealed and the 138
188	185		following is substituted in lieu thereof (Effective October 1, 2022): 139
189	186		When used in this chapter, unless the context indicates a different 140
190		-	meaning: 141 Raised Bill No. 469
	187	+	meaning: 141
	188	+	(1) "State agency" includes any officer, department, board, council, 142 Raised Bill No. 469
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197		-	(1) "State agency" includes any officer, department, board, council, 142
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198	194		commission, institution or other agency of the Executive Department of 143
199	195		the state government; 144
200	196		(2) "Supplies", "materials" and "equipment" mean any and all articles 145
201	197		of personal property furnished to or used by any state agency, including 146
202	198		all printing, binding, publication of laws, stationery, forms, and reports; 147
203	199		(3) "Contractual services" means any and all laundry and cleaning 148
204	200		service, pest control service, janitorial service, security service, the rental 149
205	201		and repair, or maintenance, of equipment, machinery and other state-150
206	202		owned personal property, advertising [and photostating, 151
207	203		mimeographing,] and other service arrangements where the services are 152
208	204		provided by persons other than state employees; 153
209	205		(4) "Competitive bidding" means the submission of prices by persons, 154
210	206		firms or corporations competing for a contract to provide supplies, 155
211	207		materials, equipment or contractual services, under a procedure in 156
212	208		which the contracting authority does not negotiate prices; 157
213	209		(5) "Competitive negotiation" means a procedure for contracting for 158
214	210		supplies, materials, equipment or contractual services, in which (A) 159
215	211		proposals are solicited from qualified suppliers by a request for 160
216	212		proposals or any other form of competitive procurement, and (B) 161
217	213		changes may be negotiated in proposals and prices after being 162
218	214		submitted; 163
219	215		(6) "Competitive procurement" means the purchase or acquisition of 164
220	216		services by a state agency through an open and fair process, where all 165
221	217		responsible entities have an equal opportunity to pursue, and 166
222	218		potentially be selected for, a contract to provide the state agency with 167
223	219		the desired services; 168
224	220		[(6)] (7) "Bidder" means a person, firm or corporation submitting a 169
225	221		competitive bid in response to a solicitation or any other form of 170
226		-	competitive procurement; and 171 Raised Bill No. 469
	222	+	competitive procurement; and 171
	223	+	[(7)] (8) "Proposer" means a person, firm or corporation submitting a 172 Raised Bill No. 469
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233		-	[(7)] (8) "Proposer" means a person, firm or corporation submitting a 172
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234	229		proposal in response to a request for proposals or any other form of 173
235	230		competitive procurement. 174
236	231		This act shall take effect as follows and shall amend the following
237	232		sections:
238	233
239	234		Section 1 October 1, 2022 4-212
240	235		Sec. 2 October 1, 2022 4-214
241	236		Sec. 3 October 1, 2022 4-215
242	237		Sec. 4 October 1, 2022 4-216(a)
243	238		Sec. 5 October 1, 2022 4-217(a)
244	239		Sec. 6 October 1, 2022 4-218(a)
245	240		Sec. 7 October 1, 2022 4a-50
246	241
247		-	GAE Joint Favorable
	242	+	Statement of Purpose:
	243	+	To define competitive procurement and permit its use for the purchase
	244	+	or acquisition of services by a state agency.
	245	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	246	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	247	+	underlined.]
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