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General Assembly Raised Bill No. 473
February Session, 2022
LCO No. 3459
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING THE STATE CONTRACTING STANDARDS
BOARD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) Notwithstanding any 1
provision of the general statutes, the appropriations recommended for 2
the State Contracting Standards Board shall be the estimates of 3
expenditure requirements transmitted to the Secretary of the Office of 4
Policy and Management by the executive director of the board and the 5
recommended adjustments and revisions of such estimates shall be the 6
recommended adjustments and revisions, if any, transmitted by said 7
executive director to the Office of Policy and Management. 8
(b) Notwithstanding any provision of the general statutes, the 9
Governor shall not reduce allotment requisitions or allotments in force 10
concerning the State Contracting Standards Board. 11
Sec. 2. (Effective July 1, 2022) Not later than September 22, 2022, the 12
State Contracting Standards Board shall hire five employees as required 13
under subsection (h) of section 4e-2 of the general statutes, as amended 14 Raised Bill No. 473
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by this act. 15
Sec. 3. Section 4e-1 of the general statutes is repealed and the 16
following is substituted in lieu thereof (Effective July 1, 2022): 17
For the purposes of [sections 4e-1] this section and sections 4e-2 to 4e-18
47, inclusive, as amended by this act: 19
(1) "Best value selection" means a contract selection process in which 20
the award of a contract is based on a combination of quality, timeliness 21
and cost factors; 22
(2) "Bid" means an offer, submitted in response to an invitation to bid, 23
to furnish supplies, materials, equipment, construction or contractual 24
services to a [state] contracting agency under prescribed conditions at a 25
stated price; 26
(3) "Bidder" means a business submitting a bid in response to an 27
invitation to bid by a [state] contracting agency; 28
(4) "Business" means any individual or sole proprietorship, 29
partnership, firm, corporation, trust, limited liability company, limited 30
liability partnership, joint stock company, joint venture, association or 31
other legal entity through which business for profit or not-for-profit is 32
conducted; 33
(5) "Competitive bidding" means the submission of prices by a 34
business competing for a contract to provide supplies, materials, 35
equipment or contractual services to a [state] contracting agency, under 36
a procedure in which the contracting authority does not negotiate 37
prices, as set forth in statutes and regulations concerning procurement; 38
(6) "Consultant" means (A) any architect, professional engineer, 39
landscape architect, land surveyor, accountant, interior designer, 40
environmental professional or construction administrator, who is 41
registered or licensed to practice such person's profession in accordance 42
with the applicable provisions of the general statutes, (B) any planner or 43
any environmental, management or financial specialist, or (C) any 44 Raised Bill No. 473
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person who performs professional work in areas including, but not 45
limited to, educational services, medical services, information 46
technology and real estate appraisal; 47
(7) "Consultant services" means those professional services rendered 48
by a consultant and any incidental services that a consultant and those 49
in the consultant's employ are authorized to perform; 50
(8) "Contract" [or "state contract"] means an agreement or a 51
combination or series of agreements between a [state] contracting 52
agency [or quasi-public agency] and a business for: 53
(A) A project for the construction, reconstruction, alteration, 54
remodeling, repair or demolition of any public building, public work, 55
mass transit, rail station, parking garage, rail track or airport; 56
(B) Services, including, but not limited to, consultant and professional 57
services; 58
(C) The acquisition or disposition of personal property; 59
(D) The provision of goods and services, including, but not limited 60
to, the use of purchase of services contracts and personal service 61
agreements; 62
(E) The provision of information technology, state agency 63
information system or telecommunication system facilities, equipment 64
or services; 65
(F) A lease; or 66
(G) A licensing agreement; 67
"Contract" [or "state contract"] does not include a contract between a 68
state agency or a quasi-public agency and a political subdivision of the 69
state; 70
(9) "Term contract" means the agreement reached when the state, a 71
quasi-public agency or a municipality accepts a bid or proposal to 72 Raised Bill No. 473
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furnish supplies, materials, equipment or contractual services at a stated 73
price for a specific period of time in response to an invitation to bid; 74
(10) "Contract risk assessment" means (A) the identification and 75
evaluation of loss exposures and risks, including, but not limited to, 76
business and legal risks associated with the contracting process and the 77
contracted goods and services, and (B) the identification, evaluation and 78
implementation of measures available to minimize potential loss 79
exposures and risks; 80
(11) "Contractor" means any business that is awarded, or is a 81
subcontractor under, a contract or an amendment to a contract with a 82
[state] contracting agency under statutes and regulations concerning 83
procurement, including, but not limited to, a small contractor, minority 84
business enterprise, an individual with a disability, as defined in section 85
4a-60, or an organization providing products and services by persons 86
with disabilities; 87
(12) "Contractual services" means the furnishing of labor by a 88
contractor, not involving the delivery of a specific end product other 89
than reports, which are merely incidental to the required performance 90
and includes any and all laundry and cleaning service, pest control 91
service, janitorial service, security service, the rental and repair, or 92
maintenance, of equipment, machinery and other [state-owned] 93
personal property owned by a contracting agency, advertising and 94
photostating, mimeographing, human services and other service 95
arrangements where the services are provided by persons other than 96
state employees, quasi-public agency employees or municipal 97
employees. "Contractual services" includes the design, development 98
and implementation of technology, communications or 99
telecommunications systems or the infrastructure pertaining thereto, 100
including hardware and software and services for which a contractor is 101
conferred a benefit by the state, a quasi-public agency or a municipality 102
whether or not compensated by the state, a quasi-public agency or a 103
municipality. "Contractual services" does not include employment 104
agreements or collective bargaining agreements; 105 Raised Bill No. 473
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(13) "Data" means recorded information, regardless of form or 106
characteristic; 107
(14) "Vote of two-thirds of the members of the board present and 108
voting" means a vote by the State Contracting Standards Board that is 109
agreed upon by two-thirds of the members of the State Contracting 110
Standards Board present and voting for a particular purpose and that 111
includes the vote of one member of the board appointed by a legislative 112
leader; 113
(15) "Electronic" means electrical, digital, magnetic, optical, 114
electromagnetic, or any other similar technology; 115
(16) "Emergency procurement" means procurement by a [state] 116
contracting agency, [quasi-public agency, as defined in section 1-120,] 117
judicial department or constituent unit of higher education that is made 118
necessary by a sudden, unexpected occurrence that poses a clear and 119
imminent danger to public safety or requires immediate action to 120
prevent or mitigate the loss or impairment of life, health, property or 121
essential public services or in response to a court order, settlement 122
agreement or other similar legal judgment; 123
(17) "Equipment" means personal property of a durable nature that 124
retains its identity throughout its useful life; 125
(18) "Materials" means items required to perform a function or used 126
in a manufacturing process, particularly those incorporated into an end 127
product or consumed in its manufacture; 128
(19) "Nonprofit agency" means any organization that is not a for-129
profit business under Section 501(c)(3) of the Internal Revenue Code of 130
1986, or any subsequent corresponding internal revenue code of the 131
United States, as amended from time to time, [amended,] makes no 132
distribution to its members, directors or officers and provides services 133
contracted for by (A) the state, a quasi-public agency or a municipality, 134
or (B) a nonstate entity; 135 Raised Bill No. 473
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(20) "Professional services" means any type of service to the public 136
that requires that members of a profession rendering such service obtain 137
a license or other legal authorization as a condition precedent to the 138
rendition thereof, including, but not limited to, the professional services 139
of architects, professional engineers, or jointly by architects and 140
professional engineers, landscape architects, certified public 141
accountants and public accountants, land surveyors, attorneys-at-law, 142
psychologists, licensed marital and family therapists, licensed 143
professional counselors and licensed clinical social workers as well as 144
such other professional services described in section 33-182a; 145
(21) "Privatization contract" means an agreement or series of 146
agreements between a [state] contracting agency of the state and a 147
person or entity in which such person or entity agrees to provide 148
services that are substantially similar to and in lieu of services provided, 149
in whole or in part, by state employees, other than contracts with a 150
nonprofit agency, which are in effect as of January 1, 2009, and which 151
through a renewal, modification, extension or rebidding of contracts 152
continue to be provided by a nonprofit agency; 153
(22) "Procurement" means contracting for, buying, purchasing, 154
renting, leasing or otherwise acquiring or disposing of, any supplies, 155
services, including, but not limited to, contracts for purchase of services 156
and personal service agreements, interest in real property, or 157
construction, and includes all government functions that relate to such 158
activities, including best value selection and qualification based 159
selection; 160
(23) "Proposer" means a business submitting a proposal to a [state] 161
contracting agency in response to a request for proposals or other 162
competitive sealed proposal; 163
(24) "Public record" means a public record, as defined in section 1-164
200; 165
(25) "Qualification based selection" means a contract selection process 166
in which the award of a contract is primarily based on an assessment of 167 Raised Bill No. 473
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contractor qualifications and on the negotiation of a fair and reasonable 168
price; 169
(26) "Regulation" means regulation, as defined in section 4-166; 170
(27) "Request for proposals" means all documents, whether attached 171
or incorporated by reference, utilized for soliciting proposals; 172
(28) ["State contracting agency"] "Contracting agency" means any 173
executive branch agency, board, commission, department, office, 174
institution or council, quasi-public agency or municipality. "State 175
contracting agency" does not include the judicial branch, the legislative 176
branch, the offices of the Secretary of the State, the State Comptroller, 177
the Attorney General, the State Treasurer, with respect to their 178
constitutional functions, any state agency with respect to contracts 179
specific to the constitutional and statutory functions of the office of the 180
State Treasurer. For the purposes of section 4e-16, ["state contracting 181
agency"] as amended by this act, "contracting agency" includes any 182
constituent unit of the state system of higher education; [and for the 183
purposes of section 4e-19, "state contracting agency" includes the State 184
Education Resource Center, established under section 10-4q;] 185
(29) "Subcontractor" means a subcontractor of a contractor for work 186
under a contract or an amendment to a contract; 187
(30) "Supplies" means any and all articles of personal property, 188
including, but not limited to, equipment, materials, printing, insurance 189
and leases of real property, excluding land or a permanent interest in 190
land furnished to or used by any state agency, quasi-public agency or 191
municipality; 192
(31) "Infrastructure facility" means a building, structure or network 193
of buildings, structures, pipes, controls and equipment that provide 194
transportation, utilities, public education or public safety services. 195
[Infrastructure facility] "Infrastructure facility" includes government 196
office buildings, public schools, jails, water treatment plants, 197
distribution systems and pumping stations, wastewater treatment 198 Raised Bill No. 473
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plants, collections systems and pumping stations, solid waste disposal 199
plants, incinerators, landfills, and related facilities, public roads and 200
streets, highways, public parking facilities, public transportation 201
systems, terminals and rolling stock, rail, air and water port structures, 202
terminals and equipment; [and] 203
(32) "State employee" means state employee, as defined in section 5-204
154 and, for purposes of section 4e-16, [state employee] as amended by 205
this act, "state employee" includes an employee of any [state] contracting 206
agency [.] of the state; 207
(33) "Municipality" means any town, city, borough, consolidated 208
town and city or consolidated town and borough; and 209
(34) "Quasi-public agency" has the same meaning as provided in 210
section 1-120. 211
Sec. 4. Subsections (f) to (h), inclusive, of section 4e-2 of the general 212
statutes are repealed and the following is substituted in lieu thereof 213
(Effective July 1, 2022): 214
(f) The Governor shall appoint an executive director of the board who 215
shall serve as an ex-officio, nonvoting member of the board. The 216
executive director shall be appointed in accordance with the provisions 217
of section 4-7 and may be removed from office for reasonable cause, in 218
accordance with chapter 67. The board may recommend that the 219
Governor appoint as executive director a person who has retired from 220
state service after serving as the executive director of the board. The 221
board shall, annually, conduct a performance evaluation of such 222
executive director. The executive director shall report to the chairperson 223
of the board and, in consultation with the Chief Procurement Officer, (1) 224
conduct comprehensive planning with respect to the administrative 225
functions of the board; (2) coordinate the budget and personnel 226
activities of the board; (3) cause the administrative organization of the 227
board to be examined with a view to promoting economy and efficiency; 228
(4) act as the external liaison for the board; and (5) execute such other 229
duties as may be assigned by the chairperson of the board or the board, 230 Raised Bill No. 473
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as applicable. The executive director may enter into such contractual 231
agreements as may be necessary for the discharge of the director's 232
duties. 233
(g) The board shall appoint a Chief Procurement Officer for a term 234
not to exceed six years, unless reappointed pursuant to the provisions 235
of this subsection. The Chief Procurement Officer shall report to the 236
board and annually be evaluated by, and serve at the pleasure of, the 237
board. For administrative purposes only, the Chief Procurement Officer 238
shall be supervised by the executive director. 239
(1) The Chief Procurement Officer shall be responsible for carrying 240
out the policies of the board relating to procurement including, but not 241
limited to, oversight, investigation, auditing, agency procurement 242
certification and procurement and project management training and 243
enforcement of said policies as well as the application of such policies to 244
the screening and evaluation of current and prospective contractors. The 245
Chief Procurement Officer may enter into such contractual agreements 246
as may be necessary for the discharge of the duties as set forth in this 247
subsection and by the board, including, but not limited to, 248
recommending best practices and providing operational and 249
administrative assistance to [state] contracting agencies determined, by 250
the board, to be in violation of sections 4e-16 to 4e-47, inclusive, as 251
amended by this act. 252
(2) In addition to the duties set forth by the board, the Chief 253
Procurement Officer shall (A) oversee [state] contracting agency 254
compliance with the provisions of statutes and regulations concerning 255
procurement; (B) monitor and assess the performance of the 256
procurement duties of each agency procurement officer; (C) administer 257
the certification system and monitor the level of agency compliance with 258
the requirements of statutes and regulations concerning procurement, 259
including, but not limited to, the education and training, performance 260
and qualifications of agency procurement officers; (D) review and 261
monitor the procurement processes of each [state] contracting agency of 262
the state, quasi-public agencies and institutions of higher education; and 263 Raised Bill No. 473
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(E) serve as chairperson of the Contracting Standards Advisory Council 264
and an ex-officio member of the Vendor and Citizen Advisory Panel. 265
(h) The board may contract with consultants and professionals on a 266
temporary or project by project basis and [may] shall employ, subject to 267
the provisions of chapter 67, [such] not less than five full-time 268
employees and may employ such additional employees as may be 269
necessary to carry out the provisions of this section. 270
Sec. 5. Section 4e-3 of the general statutes is repealed and the 271
following is substituted in lieu thereof (Effective July 1, 2022): 272
(a) All rights, powers, duties and authority relating to the 273
procurement policies of the state, vested in, or exercised by, any [state] 274
contracting agency may also be exercised by the board, provided such 275
rights, powers, duties and authority may be exercised by the board as 276
provided in this section and sections 4e-4 to 4e-47, inclusive, as amended 277
by this act, and absent any affirmative action by the board, pursuant to 278
said sections, shall not be deemed to limit or restrict the exercise of such 279
rights, powers, duties and authority by any such [state] contracting 280
agency. Such rights, powers, duties and authority shall include the 281
following: 282
(1) Acquisition of supplies, services, and construction, and the 283
management, control, warehousing, sale, and disposal of supplies, 284
services, and construction; 285
(2) Any state, quasi-public or municipal contracting and procurement 286
processes, including, but not limited to, leasing and property transfers, 287
purchasing or leasing of supplies, materials or equipment, consultant or 288
consultant services, purchase of service agreements or privatization 289
contracts; and 290
(3) Contracts for the construction, reconstruction, alteration, 291
remodeling, repair or demolition of any public building. 292
(b) Notwithstanding any provision of chapter 14, upon request by the 293 Raised Bill No. 473
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board, each [state] contracting agency, including institutions of higher 294
education, shall provide the board, in a timely manner, with such 295
procurement information as the board deems necessary. The board shall 296
have access to all information, files and records related to any [state] 297
contracting agency in furtherance of the board's duties, as described in 298
this section and sections 4e-4 to 4e-47, inclusive, as amended by this act. 299
Nothing in this section shall be construed to require the board's 300
disclosure of documents that are exempt from disclosure pursuant to 301
chapter 14. 302
Sec. 6. Section 4e-4 of the general statutes is repealed and the 303
following is substituted in lieu thereof (Effective July 1, 2022): 304
Except as otherwise provided in the general statutes, the board shall 305
have the following authority and responsibilities with respect to 306
procurements by [state] contracting agencies: 307
(a) Recommend the repeal of repetitive, conflicting or obsolete 308
statutes concerning [state] procurement; 309
(b) Review and make recommendations concerning proposed 310
legislation and regulations concerning procurement, management, 311
control, and disposal of any and all supplies, services, and construction 312
to be procured by [the state] contracting agencies, including, but not 313
limited to: 314
(1) Conditions and procedures for delegation of procurement 315
authority; 316
(2) Prequalification, suspension, debarment and reinstatement of 317
prospective bidders and contractors; 318
(3) Small purchase procedures; 319
(4) Conditions and procedures for the procurement of perishables 320
and items for resale; 321
(5) Conditions and procedures for the use of source selection methods 322 Raised Bill No. 473
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authorized by statutes and regulations concerning procurement; 323
(6) Conditions and procedures for the use of emergency 324
procurements; 325
(7) Conditions and procedures for the selection of contractors by 326
processes or methods that restrict full and open competition; 327
(8) The opening or rejection of bids and offers, and waiver of errors 328
in bids and offers; 329
(9) Confidentiality of technical data and trade secrets submitted by 330
actual or prospective bidders; 331
(10) Partial, progressive and multiple awards; 332
(11) Supervision of storerooms and inventories, including 333
determination of appropriate stock levels and the management, 334
transfer, sale or other disposal of publicly-owned supplies; 335
(12) Definitions and classes of contractual services and procedures for 336
acquiring such services; 337
(13) Regulations providing for conducting cost and price analysis; 338
(14) Use of payment and performance bonds; 339
(15) Guidelines for use of cost principles in negotiations, adjustments 340
and settlements; and 341
(16) Identification of procurement best practices; 342
(c) Adopt regulations, pursuant to chapter 54, to carry out the 343
provisions of statutes concerning procurement, in order to facilitate 344
consistent application of the law and require the implementation of 345
procurement best practices; 346
(d) Make recommendations with regard to information systems for 347
state procurement including, but not limited to, data element and design 348 Raised Bill No. 473
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and the State Contracting Portal; 349
(e) Develop a guide to state statutes and regulations concerning 350
procurement, for use by all [state] contracting agencies; 351
(f) Assist [state] contracting agencies in complying with the statutes 352
and regulations concerning procurement by providing guidance, 353
models, advice and practical assistance to [state] contracting agency 354
staff relating to: (1) Buying the best service at the best price, (2) properly 355
selecting contractors, and (3) drafting contracts that achieve state and 356
local goals of accountability, transparency and results based outcomes 357
and to protect taxpayers' interest; 358
(g) Train and oversee the agency procurement officer of each [state] 359
contracting agency and any contracting officers thereunder; 360
(h) Review and certify, on or after January 1, 2009, that a [state] 361
contracting agency's procurement processes are in compliance with 362
statutes and regulations concerning procurement by: 363
(1) Establishing procurement and project management education and 364
training criteria and certification procedures for agency procurement 365
officers and contracting officers. All agency procurement officers and 366
contracting officers designated under this provision shall be required to 367
maintain the certification in good standing at all times while performing 368
procurement functions; 369
(2) Approving an ethics training course, in consultation with the 370
Office of State Ethics, including, but not limited to, state, quasi-public 371
agency and municipal employees involved in procurement and for state 372
contractors and substantial subcontractors who are prequalified 373
pursuant to chapter 58a. Such ethics training course may be developed 374
and provided by the Office of State Ethics or by any person, firm or 375
corporation provided such course is approved by the State Contracting 376
Standards Board; 377
(i) Recertify each [state] contracting agency's procurement processes, 378 Raised Bill No. 473
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triennially, and provide agencies with notice of any certification 379
deficiency and exercise those powers authorized by section 4e-34, as 380
amended by this act, 4e-39, as amended by this act, or 4e-40, as amended 381
by this act, as applicable, if a determination of noncompliance is made; 382
(j) Define the contract data reporting requirements to the board for 383
state agencies concerning information on: (1) The number and type of 384
state contracts of each state contracting agency currently in effect state-385
wide; (2) the term and dollar value of such contracts; (3) a list of client 386
agencies; (4) a description of services purchased under such contracts; 387
(5) contractor names; (6) an evaluation of contractor performance, 388
including, but not limited to records pertaining to the suspension or 389
disqualification of contractors, and assuring such information is 390
available on the State Contracting Portal; and (7) a list of contracts and 391
contractors awarded without full and open competition stating the 392
reasons for and identifying the approving authority; and 393
(k) Provide the Governor and the joint standing committee of the 394
General Assembly having cognizance of matters relating to government 395
administration with recommendations concerning the statutes and 396
regulations concerning procurement. 397
Sec. 7. Subsections (a) to (c), inclusive, of section 4e-5 of the general 398
statutes are repealed and the following is substituted in lieu thereof 399
(Effective July 1, 2022): 400
(a) (1) The head of each [state] contracting agency shall appoint an 401
agency procurement officer. Such officer shall serve as the liaison 402
between the agency and the Chief Procurement Officer on all matters 403
relating to the agency's procurement activity, including, but not limited 404
to, implementation and compliance with the provisions of statutes and 405
regulations concerning procurement and any policies or regulations 406
adopted by the board, coordination of the training and education of 407
agency procurement employees and any person serving on the 408
Contracting Standards Advisory Council; 409
(2) The agency procurement officer shall be responsible for ensuring 410 Raised Bill No. 473
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that any invitation to bid, request for proposals or any other solicitation 411
for goods and service contains a notice of the rights of prospective 412
bidders, proposers or prospective contractors under sections 4e-36, 4e-413
39, as amended by this act, and 4e-40, as amended by this act, assuring 414
that contractors are properly screened prior to the award of a contract, 415
ensuring contractors are advised of their rights under sections 4e-36, 4e-416
39, as amended by this act, and 4e-40, as amended by this act, prior to 417
entering into a contract, ensuring that upon the award of a contract that 418
unsuccessful bidders, proposers or respondents are advised of their 419
rights under sections 4e-36, 4e-39, as amended by this act, and 4e-40, as 420
amended by this act, evaluating contractor performance during and at 421
the conclusion of a contract, submitting written evaluations to a central 422
data repository to be designated by the board and creating a project 423
management plan for the agency with annual reports to the board 424
pertaining to procurement projects within the agency. 425
(b) The State Contracting Standards Board, with the advice and 426
assistance of the Commissioner of Administrative Services, shall 427
develop a standardized state and municipal procurement and project 428
management education and training program. Such education and 429
training program shall develop education, training and professional 430
development opportunities for employees of [state] contracting 431
agencies of the state and municipalities charged with procurement 432
responsibilities. The program shall educate such employees in general 433
business acumen and on proper purchasing procedures as established 434
in statutes and regulations concerning procurement with an emphasis 435
on ethics, fairness, consistency and project management. Participation 436
in the program shall be required of any supervisory and nonsupervisory 437
[state] employees in [state] contracting agencies with responsibility for 438
buying, purchasing, renting, leasing or otherwise acquiring any 439
supplies, service or construction, including the preparation of the 440
description of requirements, selection and solicitation of sources, 441
preparation and award of contracts and all phases of contract 442
administration. 443
(c) The program shall include, but shall not be limited to (1) training 444 Raised Bill No. 473
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and education concerning federal, state and municipal procurement 445
processes, including the statutes and regulations concerning 446
procurement; (2) training and education courses developed in 447
cooperation with the Office of State Ethics, the Freedom of Information 448
Commission, the State Elections Enforcement Commission, the 449
Commission on Human Rights and Opportunities, the office of the 450
Attorney General and any other state agency the board determines is 451
necessary in carrying out statutes and regulations concerning 452
procurement; (3) providing technical assistance to [state] contracting 453
agencies [and municipalities] for implementing statutes and regulations 454
concerning procurement, regulations, policies and standards developed 455
by the board; (4) training to current and prospective contractors and 456
vendors and others seeking to do business with [the state] a contracting 457
agency; and (5) training and education of [state] contracting agency 458
employees in the area of best procurement practices in [state] 459
purchasing with the goal of achieving the level of acumen necessary to 460
achieve the objectives of statutes and regulations concerning 461
procurement. 462
Sec. 8. Section 4e-6 of the general statutes is repealed and the 463
following is substituted in lieu thereof (Effective July 1, 2022): 464
(a) The board shall conduct audits of [state] contracting agencies, 465
triennially, to ensure compliance with statutes and regulations 466
concerning procurement. In conducting each such audit, the board shall 467
have access to all contracting and procurement records, may interview 468
any and all personnel responsible for contracting, contract negotiations 469
or procurement and may enter into an agreement with the Auditors of 470
Public Accounts to effectuate such audit. 471
(b) Upon completion of any such audit, the board shall prepare and 472
issue a compliance report for the [state] contracting agency. Such report 473
shall identify any process or procedure that is inconsistent with statutes 474
and regulations concerning procurement and indicate those corrective 475
measures the board deems necessary to comply with statutes and 476
regulations concerning procurement requirements. Such report shall be 477 Raised Bill No. 473
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issued and delivered to the [state] contracting agency not later than 478
thirty days after completion of such audit and shall be a public record. 479
The [state] contracting agency may provide a written response to the 480
board concerning such report not later than sixty days after receipt of 481
such report and any such response shall be a public record. After 482
receiving such response or after such sixty-day period has elapsed with 483
no response, whichever is earlier, the board may submit such report and 484
the response, if applicable, in accordance with the provisions of section 485
11-4a, to the joint standing committees of the General Assembly having 486
cognizance of matters relating to the [state] contracting agency that is 487
the subject of such report, appropriations and the budgets of state 488
agencies and government administration. 489
Sec. 9. Section 4e-7 of the general statutes is repealed and the 490
following is substituted in lieu thereof (Effective July 1, 2022): 491
(a) For cause, the State Contracting Standards Board may review, 492
terminate or recommend to a [state] contracting agency the termination 493
of any contract or procurement agreement undertaken by any [state] 494
contracting agency after providing fifteen days' notice to the [state] 495
contracting agency and the applicable contractor, and consulting with 496
the Attorney General. Such termination of a contract or procurement 497
agreement by the board may occur only after (1) the board has consulted 498
with the contracting agency to determine the impact of an immediate 499
termination of the contract, (2) a determination has been made jointly 500
by the board and the contracting agency that an immediate termination 501
of the contract will not create imminent peril to the public health, safety 502
or welfare, (3) a vote of two-thirds of the members of the board present 503
and voting for that purpose, and (4) the board has provided the [state] 504
contracting agency and the contractor with opportunity for a hearing 505
conducted pursuant to the provisions of chapter 54. Such action shall be 506
accompanied by notice to the [state] contracting agency and any other 507
affected party. For the purpose of this section, "for cause" means: (A) A 508
violation of section 1-84 or 1-86e, as determined by the Citizen's Ethics 509
Advisory Board; (B) wanton or reckless disregard of any state, quasi-510
public or municipal contracting and procurement process by any person 511 Raised Bill No. 473
LCO No. 3459 18 of 60
substantially involved in such contract or [state] contracting agency; or 512
(C) notification from the Attorney General to the state contracting 513
agency that an investigation pursuant to section 4-61dd has concluded 514
that the process by which such contract was awarded was compromised 515
by fraud, collusion or any other criminal violation. Nothing in this 516
section shall be construed to limit the authority of the board as described 517
in section 4e-6, as amended by this act. 518
(b) Following consultation with the [state] contracting agency and 519
upon providing fifteen days' notice and the opportunity for a hearing, 520
the State Contracting Standards Board may restrict or terminate the 521
authority of any [state] contracting agency to enter into any contract or 522
procurement agreement if: (1) The board, upon a vote of two-thirds of 523
the members of the board present and voting for such purpose, 524
determines that such [state] contracting agency failed to comply with 525
statutory contracting and procurement requirements and evidenced a 526
reckless disregard for applicable procedures and policy; and (2) such 527
limitation, restriction or termination of authority is in the state's best 528
interest, provided the board has made arrangements for the exercise of 529
the contracting power of such agency during the period of limitation, 530
restriction or termination. Such limitation, restriction or termination of 531
authority shall remain in effect until such time as the board determines 532
that such [state] contracting agency has implemented corrective 533
measures and demonstrated compliance with statutes and regulations 534
concerning procurement. 535
(c) Following consultation with the [state] contracting agency, and 536
thereafter upon providing fifteen days' notice and the opportunity for a 537
hearing, the State Contracting Standards Board may order a [state] 538
contracting agency to take appropriate action to restrict or terminate the 539
authority of an employee or agent to enter into any contract or 540
procurement agreement if the board, upon a vote of two-thirds of the 541
members of the board present and voting for such purpose, determines 542
that such employee or agent failed to comply with statutory contracting 543
and procurement requirements, and evidenced a reckless disregard for 544
applicable procedures and policy. Such limitation, restriction or 545 Raised Bill No. 473
LCO No. 3459 19 of 60
termination of authority shall remain in effect until such time as the 546
board determines that such [state] contracting agency has implemented 547
corrective measures and demonstrated compliance with statutes and 548
regulations concerning procurement. 549
Sec. 10. Section 4e-8 of the general statutes is repealed and the 550
following is substituted in lieu thereof (Effective July 1, 2022): 551
There is established a Contracting Standards Advisory Council, 552
which shall consist of representatives from the Office of Policy and 553
Management, Departments of Administrative Services and 554
Transportation, [and] representatives of at least three additional 555
contracting agencies, including at least one human services related state 556
agency, to be designated by the Governor, at least three additional 557
contracting agencies that are quasi-public agencies appointed by the 558
speaker of the House of Representatives and at least three additional 559
contracting agencies that are municipalities, appointed by the Senate 560
president pro tempore. The Chief Procurement Officer shall be a 561
member of the council and serve as chairperson. The advisory council 562
shall meet at least four times per year to discuss [state] procurement 563
issues and to make recommendations for improvement of the 564
procurement processes to the State Contracting Standards Board. The 565
advisory council may conduct studies, research and analyses and make 566
reports and recommendations with respect to subjects or matters within 567
the jurisdiction of the State Contracting Standards Board. 568
Sec. 11. Section 4e-10 of the general statutes is repealed and the 569
following is substituted in lieu thereof (Effective July 1, 2022): 570
(a) On or before July 1, 2010, the board shall submit to the Governor 571
and the General Assembly such legislation as is necessary to permit 572
[state] contracting agencies, not including [quasi-publics] quasi-public 573
agencies, institutions of higher education, and municipal procurement 574
processes utilizing state funds, to carry out their functions under 575
statutes and regulations concerning procurement. 576
(b) On or before July 1, 2011, the board shall submit to the Governor 577 Raised Bill No. 473
LCO No. 3459 20 of 60
and the General Assembly such legislation as is necessary to apply the 578
provisions of statutes concerning procurement to constituent units of 579
the state system of higher education. Concomitantly, the board shall 580
submit such additional legislation as is necessary to apply the 581
provisions of statutes and regulations concerning privatization and 582
procurement to quasi-public agencies. 583
(c) On or before July 1, 2012, the board shall submit to the Governor 584
and the General Assembly such legislation as is necessary to apply the 585
provisions of statutes and regulations concerning procurement to the 586
municipal procurement processes utilizing state funds. 587
Sec. 12. Section 4e-14 of the general statutes is repealed and the 588
following is substituted in lieu thereof (Effective July 1, 2022): 589
On and after [June 1, 2010] July 1, 2022, all [state] contracts of each 590
[state] contracting agency that take effect on or after [June 1, 2010] July 591
1, 2022, shall contain provisions to ensure accountability, transparency 592
and results based outcomes, as prescribed by the State Contracting 593
Standards Board. On and after June 1, 2010, all state contracts of the 594
legislative branch and the judicial branch that take effect on or after June 595
1, 2010, shall contain provisions to ensure accountability, transparency 596
and results based outcomes. 597
Sec. 13. Section 4e-16 of the general statutes is repealed and the 598
following is substituted in lieu thereof (Effective July 1, 2022): 599
(a) Prior to entering into any privatization contract for the 600
privatization of a state service that is not currently privatized, the [state] 601
contracting agency of the state shall develop a cost-benefit analysis in 602
accordance with the provisions of subsection (b) of this section. Such 603
requirement shall not apply to a privatization contract for a service 604
currently provided, in whole or in part, by a non-state entity. Any 605
affected party may petition the State Contracting Standards Board for 606
review of such privatization contract, in accordance with the provisions 607
of subsections (f) to (h), inclusive, of this section. 608 Raised Bill No. 473
LCO No. 3459 21 of 60
(b) The cost-benefit analysis conducted by a [state] contracting 609
agency of the state prior to entering into a privatization contract shall 610
document the direct and indirect costs, savings, and qualitative and 611
quantitative benefits, that will result from the implementation of such 612
privatization contract. Such cost-benefit analysis shall specify the 613
schedule that, at a minimum, shall be adhered to in order to achieve any 614
estimated savings. Any cost factor shall be clearly identified in such 615
cost-benefit analysis and supported by all applicable records and 616
reports. The department head of such [state] contracting agency of the 617
state shall certify that, based on the data and information, all projected 618
costs, savings and benefits are valid and achievable. As used in this 619
subsection, (1) "costs" means all reasonable, relevant and verifiable 620
expenses, including salary, materials, supplies, services, equipment, 621
capital depreciation, rent, maintenance, repairs, utilities, insurance, 622
travel, overhead, interim and final payments and the normal cost of 623
fringe benefits, as calculated by the Comptroller; (2) "normal cost of 624
fringe benefits" means the amount of contributions required to fund the 625
fringe benefits allocated to the current year of service; and (3) "savings" 626
means the difference between the current annual direct and indirect 627
costs of providing such service and the projected, annual direct and 628
indirect costs of contracting to provide such services in any succeeding 629
state fiscal year during the term of such proposed privatization contract. 630
(c) (1) If such cost-benefit analysis identifies a cost savings to the state 631
of ten per cent or more, and such privatization contract will not diminish 632
the quality of such service, the [state] contracting agency of the state 633
shall develop a business case, in accordance with the provisions of 634
subsection (d) of this section, in order to evaluate the feasibility of 635
entering into any such contract and to identify the potential results, 636
effectiveness and efficiency of such contract. 637
(2) If such cost-benefit analysis identifies a cost savings of less than 638
ten per cent to the state and such privatization contract will not diminish 639
the quality of such service, the [state] contracting agency of the state 640
may develop a business case, in accordance with the provisions of 641
subsection (d) of this section, in order to evaluate the feasibility of 642 Raised Bill No. 473
LCO No. 3459 22 of 60
entering into any such contract and to identify the potential results, 643
effectiveness and efficiency of such contract, provided there is a 644
significant public policy reason to enter into such privatization contract. 645
Any such business case shall be approved in accordance with the 646
provisions of subdivision (4) of subsection (h) of this section. 647
(3) If any such proposed privatization contract would result in the 648
layoff, transfer or reassignment of one hundred or more state agency 649
employees, after consulting with the potentially affected bargaining 650
units, if any, the [state] contracting agency of the state shall notify the 651
state employees of such bargaining unit, after such cost-benefit analysis 652
is completed. Such [state] contracting agency of the state shall provide 653
an opportunity for [said] such employees to reduce the costs of 654
conducting the operations to be privatized and provide reasonable 655
resources for the purpose of encouraging and assisting such state 656
employees to organize and submit a bid to provide the services that are 657
the subject of the potential privatization contract. The [state] contracting 658
agency of the state shall retain sole discretion in determining whether to 659
proceed with the privatization contract, provided the business case for 660
such contract is approved by the board. 661
(d) Any business case developed by a [state] contracting agency of 662
the state for the purpose of complying with subsection (c) of this section 663
shall include: (1) The cost-benefit analysis as described in subsection (b) 664
of this section, (2) a detailed description of the service or activity that is 665
the subject of such business case, (3) a description and analysis of [the 666
state] such contracting agency's current performance of such service or 667
activity, (4) the goals to be achieved through the proposed privatization 668
contract and the rationale for such goals, (5) a description of available 669
options for achieving such goals, (6) an analysis of the advantages and 670
disadvantages of each option, including, at a minimum, potential 671
performance improvements and risks attendant to termination of the 672
contract or rescission of such contract, (7) a description of the current 673
market for the services or activities that are the subject of such business 674
case, (8) an analysis of the quality of services as gauged by standardized 675
measures and key performance requirements including compensation, 676 Raised Bill No. 473
LCO No. 3459 23 of 60
turnover, and staffing ratios, (9) a description of the specific results-677
based performance standards that shall, at a minimum be met, to ensure 678
adequate performance by any party performing such service or activity, 679
(10) the projected time frame for key events from the beginning of the 680
procurement process through the expiration of a contract, if applicable, 681
(11) a specific and feasible contingency plan that addresses contractor 682
nonperformance and a description of the tasks involved in and costs 683
required for implementation of such plan, and (12) a transition plan, if 684
appropriate, for addressing changes in the number of agency personnel, 685
affected business processes, employee transition issues, and 686
communications with affected stakeholders, such as agency clients and 687
members of the public, if applicable. Such transition plan shall contain 688
a reemployment and retraining assistance plan for employees who are 689
not retained by the state or employed by the contractor. If the primary 690
purpose of the proposed privatization contract is to provide a core 691
governmental function, such business case shall also include 692
information sufficient to rebut the presumption that such core 693
governmental function should not be privatized. Such presumption 694
shall not be construed to prohibit a [state] contracting agency of the state 695
from contracting for specialized technical expertise not available within 696
such agency, provided such agency shall retain responsibility for such 697
core governmental function. For the purposes of this section, "core 698
governmental function" means a function for which the primary 699
purpose is (A) the inspection for adherence to health and safety 700
standards because public health or safety may be jeopardized if such 701
inspection is not done or is not done in a timely or proper manner, (B) 702
the establishment of statutory, regulatory or contractual standards to 703
which a regulated person, entity or state contractor shall be held, (C) the 704
enforcement of statutory, regulatory or contractual requirements 705
governing public health or safety, or (D) criminal or civil law 706
enforcement. If any part of such business case is based upon evidence 707
that the [state] contracting agency of the state is not sufficiently staffed 708
to provide the core governmental function required by the privatization 709
contract, the [state] contracting agency of the state shall also include 710
within such business case a plan for remediation of the understaffing to 711 Raised Bill No. 473
LCO No. 3459 24 of 60
allow such services to be provided directly by the [state] contracting 712
agency in the future. 713
(e) Upon the completion of such business case, the [state] contracting 714
agency of the state shall submit the business case to the State 715
Contracting Standards Board. For any privatization contract with a 716
projected cost that exceeds one hundred fifty million dollars annually or 717
six hundred million dollars over the life of such contract, the [state] 718
contracting agency of the state shall also submit such business case to 719
the Governor, the president pro tempore of the Senate, the speaker of 720
the House of Representatives, and any collective bargaining unit 721
affected by the proposed privatization contract. 722
(f) (1) There shall be a privatization contract committee of the State 723
Contracting Standards Board that shall review, evaluate, issue advisory 724
reports and make recommendations on business cases submitted to the 725
board by any [state] contracting agency of the state. Such privatization 726
contract committee shall consist of five members of the State 727
Contracting Standards Board. Such members shall be appointed by the 728
chairperson of the board and consist of both gubernatorial and 729
legislative appointments, have not more than three members from any 730
one political party, and at least one member of such committee shall 731
have expertise in the area that is the subject of such proposed contract. 732
The chairperson of the board, or the chairperson's designee shall serve 733
as the chair of the privatization contract committee. 734
(2) Upon receipt of any such business case from a [state] contracting 735
agency of the state, the State Contracting Standards Board shall 736
immediately refer such business case to such privatization contract 737
committee. The privatization contract committee shall employ a 738
standard process for reviewing, evaluating and approving any such 739
business cases. Such process shall include due consideration of: (A) The 740
cost-benefit analysis developed by the [state] contracting agency of the 741
state, (B) the business case developed by the [state] contracting agency 742
of the state, including any facts, documents or other materials that are 743
relevant to such business case, (C) any adverse effect that such 744 Raised Bill No. 473
LCO No. 3459 25 of 60
privatization contract may have on minority, small and women-owned 745
businesses that do, or are attempting to do business with the state, and 746
(D) the value of having services performed in the state and within the 747
United States. 748
(3) The privatization committee shall evaluate the business case and 749
submit the committee's evaluation to the State Contracting Standards 750
Board for review and approval. During the review or consideration of 751
any such business case, no member of the board shall engage in any ex-752
parte communication with any lobbyist, contractor or union 753
representative. Unless otherwise provided in this section, a majority 754
vote of the board shall be required to approve any such business case. 755
(4) The business case for a privatization contract to provide a core 756
governmental function may be approved by a two-thirds vote of the 757
board, provided the [state] contracting agency of the state has provided 758
sufficient evidence to rebut the presumption contained in subsection (d) 759
of this section and there is a significant policy reason to approve such 760
business case. In no such case shall the insufficient staffing of a [state] 761
contracting agency of the state constitute a significant policy reason to 762
approve a business case for a privatization contract to provide a core 763
governmental function. 764
(g) Each [state] contracting agency of the state that submits a business 765
case to the board for review shall submit to the board all information, 766
documents or other material required by the privatization contract 767
committee to complete its review and evaluation of such business case. 768
(h) (1) Not later than sixty days after receipt of any business case, the 769
State Contracting Standards Board shall transmit a report detailing its 770
review, evaluation and disposition regarding such business case to the 771
[state] contracting agency of the state that submitted such business case 772
and, in the case of a privatization contract with a projected cost of one 773
hundred fifty million dollars or more annually, or six hundred million 774
dollars or more over the life of the contract, concomitantly transmit such 775
report to the Governor, the president pro tempore of the Senate, the 776 Raised Bill No. 473
LCO No. 3459 26 of 60
speaker of the House of Representatives and any collective bargaining 777
unit affected by the proposed privatization contract. Such sixty-day 778
period may be extended for an additional thirty days upon a majority 779
vote of the board or the privatization contract committee and for good 780
cause shown. 781
(2) The board's report shall include the business case prepared by the 782
[state] contracting agency of the state, the evaluation of the business case 783
prepared by the privatization contract committee, the reasons for 784
approval or disapproval, any recommendations of the board and 785
sufficient information to assist the [state] contracting agency of the state 786
in determining if additional steps are necessary to move forward with a 787
privatization contract. 788
(3) If the State Contracting Standards Board does not act on a business 789
case submitted by a [state] contracting agency of the state within sixty 790
days of receipt of such business case, such business case shall be deemed 791
approved, except that no business case may be approved for failure of 792
the board to meet. 793
(4) In the case of a business case developed pursuant to subdivision 794
(2) of subsection (c) of this section, a two-thirds vote of the board shall 795
be required for approval of such privatization contract. 796
(5) Any [state] contracting agency of the state may request an 797
expedited review of a business case submitted to the board if there is a 798
compelling public interest for such expedited review. If the board 799
approves the agency's request for such an expedited review, such 800
review shall be completed not later than thirty days after receipt of such 801
request. If the board fails to complete an expedited review within thirty 802
days of receipt of a request that was approved by the board, such 803
business case shall be deemed to be approved. 804
(i) A [state] contracting agency of the state may publish notice 805
soliciting bids for a privatization contract only after the board approves 806
such business case, provided any privatization contract that is estimated 807
to cost in excess of one hundred fifty million dollars annually or six 808 Raised Bill No. 473
LCO No. 3459 27 of 60
hundred million dollars or more over the life of the contract shall also 809
be approved by the General Assembly prior to the [state] contracting 810
agency soliciting bids for such contract. The General Assembly may 811
approve any such contract as a whole by a majority vote of each house 812
or may reject such agreement as a whole by a majority vote of either 813
house. If the General Assembly is in session, it shall vote to approve or 814
reject such contract not later than thirty days after such [state] 815
contracting agency files such contract with the General Assembly. If the 816
General Assembly is not in session when such contract is filed, it shall 817
be submitted to the General Assembly not later than ten days after the 818
first day of the next regular session or special session called for such 819
purpose. The contract shall be deemed approved if the General 820
Assembly fails to vote to approve or reject such contract within thirty 821
days after such filing. Such thirty-day period shall not begin or expire 822
unless the General Assembly is in regular session. For the purpose of 823
this subsection, any contract filed with the clerks within thirty days 824
before the commencement of a regular session of the General Assembly 825
shall be deemed to be filed on the first day of such session. 826
(j) Each [state] contracting agency of the state shall submit, in writing, 827
to the State Contracting Standards Board, any proposed amendment to 828
a board-approved business case in order that the board may review and 829
approve of such proposed amendment. The board may approve or 830
disapprove of any such proposed amendment not later than thirty days 831
after receipt of such proposed amendment by the same vote that was 832
required for approval of the original business case. If the board fails to 833
complete its review within thirty days of receipt of such proposed 834
amendment, such amendment shall be deemed approved. 835
(k) Not later than thirty days after a decision of the board to approve 836
a business case, any collective bargaining agent of any employee 837
adversely affected by such proposed privatization contract may file a 838
motion for an order to show cause in the superior court for the judicial 839
district of Hartford on the grounds that such contract fails to comply 840
with the substantive or procedural requirements of this section. A ruling 841
on any such motion may: (1) Deny the motion; (2) grant the motion if 842 Raised Bill No. 473
LCO No. 3459 28 of 60
the court finds that the proposed contract would substantively violate 843
the provisions of this section; or (3) stay the effective date of the contract 844
until any substantive or procedural defect found by the court has been 845
corrected. 846
(l) (1) The board may review additional existing privatization 847
contracts and shall review not less than one contracting area each year 848
that is currently privatized. During the review of any such privatization 849
contract, no member of the board shall engage in any ex-parte 850
communication with any lobbyist, contractor or union representative. 851
For each such privatization contract selected for review by the board, 852
the appropriate [state] contracting agency shall develop a cost-benefit 853
analysis in accordance with subsection (b) of this section. In addition, 854
any affected party may petition the board for review of any existing 855
privatization contract, in accordance with the provisions of subsections 856
(f) to (h), inclusive, of this section. 857
(2) If such cost-benefit analysis identifies a ten per cent or more cost 858
savings to the state from the use of such privatization contract and such 859
contract does not diminish the quality of the service provided, such 860
[state] contracting agency shall develop a business case for the renewal 861
of such privatization contract in accordance with the provisions of 862
subsections (d) and (e) of this section. The board shall review such 863
contract in accordance with the provisions of subsections (f) to (h), 864
inclusive, of this section and may approve such renewal by the 865
applicable vote of the board, provided any such renewal that is 866
estimated to cost in excess of one hundred fifty million dollars annually 867
or six hundred million dollars or more over the life of the contract shall 868
also be approved by the General Assembly prior to the [state] 869
contracting agency renewing such contract. If such renewal is approved 870
by the board and the General Assembly, if applicable, the provisions of 871
subsection (j) of this section shall apply to any proposed amendment to 872
such contract. 873
(3) If such cost-benefit analysis identifies a cost savings to the state of 874
less than ten per cent, such [state] contracting agency shall prepare a 875 Raised Bill No. 473
LCO No. 3459 29 of 60
plan to have such service provided by state employees and shall begin 876
to implement such plan, provided: (A) While such plan is prepared, but 877
prior to implementation of such plan, such [state] contracting agency 878
may develop a business case for such privatization contract, in 879
accordance with the provisions of subsection (d) of this section, that 880
achieves a cost savings to the state of ten per cent or more. Any such 881
business case shall be reviewed by the board in accordance with the 882
provisions of subsections (f) to (h), inclusive, of this section, and may be 883
approved by the applicable vote of the board; (B) such privatization 884
contract shall not be renewed with the vendor currently providing such 885
service unless: (i) There exists a significant public interest in renewing 886
such contract, and (ii) such renewal is approved by a two-thirds vote of 887
the board; (C) the [state] contracting agency of the state may enter into 888
a contract with a term of one year or less for the provision of such service 889
until such [state] contracting agency implements such plan; and (D) the 890
procedure for the transfer of funds from the General Fund, as described 891
in section 4-94, may be utilized to allocate necessary resources for the 892
implementation of the provisions of this subdivision. 893
(4) Notwithstanding the provisions of subdivision (3) of this 894
subsection, the renewal of a privatization contract with a nonprofit 895
organization shall not be denied if the cost of increasing compensation 896
to employees performing the privatized service is the sole cause for such 897
contract not achieving a cost savings to the state of ten per cent or more. 898
(m) The Office of Policy and Management, in consultation with the 899
State Contracting Standards Board, shall: (1) Develop policies and 900
procedures, including templates for use by [state] contracting agencies 901
of the state for the development of a cost-benefit analysis, as described 902
in subsection (b) of this section, and (2) review with each [state] 903
contracting agency of the state the budgetary impact of any such 904
privatization contract and the need to request budget adjustments in 905
connection with any such privatization contract. 906
(n) The State Contracting Standards Board, in consultation with the 907
Department of Administrative Services, shall: (1) Recommend and 908 Raised Bill No. 473
LCO No. 3459 30 of 60
implement standards and procedures for [state] contracting agencies of 909
the state to develop business cases in connection with privatization 910
contracts, including templates for use by [state] such contracting 911
agencies when submitting business cases to the board, and policies and 912
procedures to guide [state] such contracting agencies to complete such 913
business cases, and (2) develop guidelines and procedures for assisting 914
state employees whose jobs are affected by a privatization contract. 915
(o) Notwithstanding the provisions of subsections (a) and (i) of this 916
section, a [state] contracting agency of the state may enter into a 917
privatization contract without development of a cost-benefit analysis or 918
approval of a business case by the State Contracting Standards Board if 919
(1) the [state] contracting agency finds that a privatization contract is 920
required (A) due to an imminent peril to the public health, safety or 921
welfare, and (B) the agency states, in writing, its reasons for such 922
finding; and (2) the Governor approves such finding, in writing. 923
(p) Prior to entering into or renewing any privatization contract that 924
is not subject to the provisions of subsection (a) of this section, the [state] 925
contracting agency of the state shall evaluate such contract to determine 926
if entering into or renewing such contract is the most cost-effective 927
method of delivering the service, by determining the costs, as defined in 928
subsection (b) of this section, of such service. The [state] contracting 929
agency shall perform such evaluation in accordance with a template 930
prescribed by the Secretary of the Office of Policy and Management and 931
such evaluation shall be subject to verification by the secretary. The 932
secretary may waive the requirement for an evaluation of cost-933
effectiveness under this subsection upon a finding by the secretary that 934
exigent or emergent circumstances necessitate such waiver. 935
(q) Nothing in this section shall be construed to apply to 936
procurements that involve the expenditure of federal assistance or 937
federal contract funds, provided federal law provides applicable 938
procurement procedures that are inconsistent with the requirements of 939
this section. 940 Raised Bill No. 473
LCO No. 3459 31 of 60
Sec. 14. Section 4e-17 of the general statutes is repealed and the 941
following is substituted in lieu thereof (Effective July 1, 2022): 942
(a) Except as otherwise provided, the provisions of sections [4e-16] 943
4e-18 to 4e-47, inclusive, as amended by this act, shall apply to all 944
contracts solicited or entered into by [state] contracting agencies after 945
June 1, 2010 and the provisions of section 4e-16, as amended by this act, 946
shall apply to all contracts solicited or entered into by a contracting 947
agency of the state after June 1, 2010. 948
(b) Except as otherwise provided, the provisions of sections 4e-16 to 949
4e-47, inclusive, as amended by this act, shall apply to every 950
expenditure of public funds by any [state] contracting agency, 951
irrespective of their source, involving any state, quasi-public or 952
municipal contracting and procurement processes, including, but not 953
limited to, leasing and property transfers, purchasing or leasing of 954
supplies, materials or equipment, consultant or consultant services, 955
personal service agreements, purchase of service agreements or 956
privatization contracts, as defined in section 4e-1, as amended by this 957
act, and, relating to contracts for the construction, reconstruction, 958
alteration, remodeling, repair or demolition of any public building, 959
bridge or road, provided the provisions of section 4e-16, as amended by 960
this act, or involving privatization contracts shall only apply to 961
contracting agencies of the state. 962
(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 963
act, shall be construed to require the application of procurement statutes 964
or regulations to a procurement that involves the expenditure of federal 965
assistance or federal contract funds if federal law provides procurement 966
procedures applicable to the expenditure of such funds, to the extent 967
such federal procedures are inconsistent with state procurement 968
statutes or regulations. 969
Sec. 15. Section 4e-18 of the general statutes is repealed and the 970
following is substituted in lieu thereof (Effective July 1, 2022): 971
For the purpose of obtaining supplies, materials, equipment or 972 Raised Bill No. 473
LCO No. 3459 32 of 60
contractual services, except infrastructure facilities, the Commissioner 973
of Administrative Services shall establish a requisition system to be used 974
by [state] contracting agencies of the state to initiate and authorize the 975
procurement process. Such system shall be approved by the State 976
Contracting Standards Board. 977
Sec. 16. Section 4e-19 of the general statutes is repealed and the 978
following is substituted in lieu thereof (Effective July 1, 2022): 979
(a) All purchases of, and contracts for, supplies, materials, equipment 980
and contractual services by any [state] contracting agency, except 981
purchases and contracts made pursuant to the provisions of section 4e-982
23, shall be awarded by one of the following methods, unless otherwise 983
authorized by law: 984
(1) Competitive sealed bidding; 985
(2) Competitive sealed proposals; 986
(3) Small purchase procedure; 987
(4) Sole source procurement; 988
(5) Emergency procurements; or 989
(6) Waiver of bid or proposal requirement for extraordinary 990
conditions. 991
(b) Not later than June 1, 2010, the State Contracting Standards Board 992
shall adopt regulations, in accordance with the provisions of chapter 54, 993
to define each of the methods listed in subsection (a) of this section, 994
establish the circumstances in which each such method shall be used by 995
[state] contracting agencies, and establish the processes and criteria by 996
which purchases and contracts shall be awarded in accordance with 997
each such method. 998
Sec. 17. Section 4e-21 of the general statutes is repealed and the 999
following is substituted in lieu thereof (Effective July 1, 2022): 1000 Raised Bill No. 473
LCO No. 3459 33 of 60
(a) Not later than January 1, 2010, the State Contracting Standards 1001
Board, in consultation with the Department of Administrative Services, 1002
shall adopt regulations to establish small purchase procedures for 1003
procurements that do not exceed fifty thousand dollars. Such 1004
regulations shall include a prohibition on the artificial division of a 1005
procurement in order to make use of such small procurement 1006
procedures. 1007
(b) The State Contracting Standards Board, in consultation with the 1008
Commissioner of Administrative Services, may determine that a [state] 1009
contracting agency has artificially divided procurement requirements so 1010
as to constitute a small purchase under this section and, upon such 1011
determination shall prohibit the [state] contracting agency from 1012
utilizing such small purchase procedures. 1013
(c) The State Contracting Standards Board, in consultation with the 1014
Commissioner of Administrative Services, may waive the requirement 1015
of competitive bidding or competitive negotiation in the case of minor, 1016
nonrecurring or emergency purchases of ten thousand dollars or less in 1017
amount, upon application of the contracting agency. Any contracting 1018
agency that obtains such a waiver for such an emergency purchase shall 1019
post notice of such emergency purchase on the Internet web site of the 1020
contracting agency prior to making such emergency purchase. 1021
Sec. 18. Section 4e-24 of the general statutes is repealed and the 1022
following is substituted in lieu thereof (Effective July 1, 2022): 1023
[Not later than June 1, 2010, the State Contracting Standards Board, 1024
in consultation with the Commissioner of Administrative Services and 1025
any other appropriate award authority, shall adopt regulations, in 1026
accordance with the provisions of chapter 54, permitting] (a) If an 1027
emergency [procurements when there exists] procurement is deemed 1028
necessary by a contracting agency due to a threat to public health, 1029
welfare or safety, the contracting agency shall give notice to the board 1030
of the need for such emergency procurement. Such emergency 1031
procurements shall be made with competition, as is practicable under 1032 Raised Bill No. 473
LCO No. 3459 34 of 60
the circumstances. [Said regulations shall require that] The contracting 1033
agency shall (1) include a written determination of the basis for the 1034
emergency and for the selection of the particular contractor [be 1035
included] in the contract file, [and transmitted] (2) transmit such 1036
determination to the Governor, the president pro tempore of the Senate, 1037
the majority and minority leaders of the Senate, the speaker of the House 1038
of Representatives and the majority and minority leaders of the House 1039
of Representatives, and (3) post such determination on the Internet web 1040
site of the contracting agency. 1041
(b) The State Contracting Standards Board may adopt regulations in 1042
accordance with the provisions of chapter 54 to implement the 1043
provisions of this section. 1044
Sec. 19. Subsection (d) of section 4b-51 of the general statutes is 1045
repealed and the following is substituted in lieu thereof (Effective July 1, 1046
2022): 1047
(d) (1) Notwithstanding any provision of the general statutes, the 1048
Commissioner of Administrative Services may select consultants to be 1049
on a list established for the purpose of providing any consultant 1050
services. Such list shall be established as provided in sections 4b-56 and 1051
4b-57, as amended by this act. [The] In the case of an emergency 1052
procurement due to a threat to public health, welfare or safety, the 1053
commissioner may enter into a contract with any consultant on such list 1054
without inviting responses from such consultants to perform a range of 1055
consultant services or to perform a range of tasks pursuant to a task 1056
letter detailing services to be performed under such contract. 1057
(2) Notwithstanding any provision of the general statutes, the 1058
Commissioner of Administrative Services may (A) compile a list of 1059
architects, professional engineers and construction administrators for 1060
the limited purpose of providing consultant services for a particular 1061
program involving various projects for the construction of new 1062
buildings or renovations to existing buildings where such buildings are 1063
under the operation and control of either the Military Department or the 1064 Raised Bill No. 473
LCO No. 3459 35 of 60
Department of Energy and Environmental Protection, and (B) in the case 1065
of an emergency procurement due to a threat to public health, welfare 1066
or safety, enter into a contract with any architect, professional engineer 1067
or construction administrator on such list for such limited purpose 1068
without inviting responses from the persons on such list, except that the 1069
Adjutant General may perform the functions described in 1070
subparagraphs (A) and (B) of this subdivision for any such building 1071
under the operation and control of the Military Department. 1072
(3) As used in this subsection, "consultant" means "consultant" as 1073
defined in section 4b-55, "consultant services" means "consultant 1074
services" as defined in section 4b-55, and "program" means multiple 1075
projects involving the planning, design, construction, repair, 1076
improvement or expansion of specified buildings, facilities or site 1077
improvements, wherein the work (A) will be of a repetitive nature, (B) 1078
will share a common funding source that imposes particular 1079
requirements, or (C) would be significantly facilitated if completed by 1080
the same design professional or construction administrator. 1081
Sec. 20. Subsection (a) of section 4b-57 of the general statutes is 1082
repealed and the following is substituted in lieu thereof (Effective July 1, 1083
2022): 1084
(a) Whenever consultant services are required by the commissioner 1085
in fulfilling the responsibilities under section 4b-1, and in the case of 1086
each project, the commissioner shall invite responses from such firms by 1087
posting notice on the State Contracting Portal, except that in the case of 1088
an emergency procurement, the commissioner may receive consultant 1089
services under a contract entered into pursuant to subsection (d) of 1090
section 4b-51, as amended by this act. The commissioner shall prescribe, 1091
by regulations adopted in accordance with chapter 54, the advance 1092
notice required for, the manner of submission, and conditions and 1093
requirements of, such responses. 1094
Sec. 21. Subsection (g) of section 4b-91 of the 2022 supplement to the 1095
general statutes is repealed and the following is substituted in lieu 1096 Raised Bill No. 473
LCO No. 3459 36 of 60
thereof (Effective July 1, 2022): 1097
(g) Notwithstanding the provisions of this chapter regarding 1098
competitive bidding procedures, in the case of an emergency 1099
procurement due to a threat to public health, welfare or safety, the 1100
commissioner may select and interview at least three responsible and 1101
qualified general contractors who are prequalified pursuant to section 1102
4a-100 and submit the three selected contractors to the construction 1103
services award panels process described in section 4b-100a and any 1104
regulation adopted by the commissioner. The commissioner may 1105
negotiate with the successful bidder a contract which is both fair and 1106
reasonable to the state for a community court project, the downtown 1107
Hartford higher education center project, a correctional facility project, 1108
a juvenile residential center project, or a student residential facility for 1109
the Connecticut State University System that is a priority higher 1110
education facility project. The Commissioner of Administrative 1111
Services, prior to entering any such contract or performing any work on 1112
such project, shall submit such contract to the State Properties Review 1113
Board for review and approval or disapproval by the board, pursuant 1114
to subsection (i) of this section. Any general contractor awarded a 1115
contract pursuant to this subsection shall be subject to the same 1116
requirements concerning the furnishing of bonds as a contractor 1117
awarded a contract pursuant to subsection (b) of this section. 1118
Sec. 22. Section 4e-25 of the general statutes is repealed and the 1119
following is substituted in lieu thereof (Effective July 1, 2022): 1120
A [state] contracting agency may request factual information 1121
reasonably available to the bidder or proposer to substantiate that the 1122
price or cost offered, or some portion of it, is reasonable. 1123
Sec. 23. Section 4e-27 of the general statutes is repealed and the 1124
following is substituted in lieu thereof (Effective July 1, 2022): 1125
Not later than June 1, 2010, the State Contracting Standards Board, in 1126
consultation with the Attorney General, shall adopt regulations, in 1127
accordance with the provisions of chapter 54, specifying the types of 1128 Raised Bill No. 473
LCO No. 3459 37 of 60
contracts that may be used by [state] contracting agencies. Such 1129
regulations shall specify that a cost-reimbursement contract may be 1130
used only when a determination is made in writing by the agency 1131
procurement officer that such contract is likely to be less costly to the 1132
state, quasi-public agency or municipality than any other type or that it 1133
is impracticable to obtain the supplies, services or construction required 1134
except under such a contract. 1135
Sec. 24. Section 4e-28 of the general statutes is repealed and the 1136
following is substituted in lieu thereof (Effective July 1, 2022): 1137
Not later than June 1, 2010, the State Contracting Standards Board 1138
shall adopt regulations, in accordance with the provisions of chapter 54, 1139
requiring that contractors submit appropriate documentation to the 1140
appropriate [state] contracting agency, prior to the award of a contract, 1141
to confirm that the proposed contractor's accounting system will permit 1142
timely development of all necessary cost data in the form required by 1143
the specific contract type. 1144
Sec. 25. Section 4e-29 of the general statutes is repealed and the 1145
following is substituted in lieu thereof (Effective July 1, 2022): 1146
Each contract of a [state] contracting agency shall provide that [a 1147
state] such contracting agency may, at reasonable times, inspect the part 1148
of the plant or place of business of a contractor or any subcontractor 1149
which is related to the performance of any such contract awarded, or to 1150
be awarded by the [state] contracting agency, to ensure compliance with 1151
the contract. 1152
Sec. 26. Section 4e-30 of the 2022 supplement to the general statutes 1153
is repealed and the following is substituted in lieu thereof (Effective July 1154
1, 2022): 1155
(a) A [state] contracting agency may audit the books and records of a 1156
contractor or any subcontractor under any negotiated contract or 1157
subcontract to the extent that such books and records relate to the 1158
performance of such contract or subcontract. Such books and records 1159 Raised Bill No. 473
LCO No. 3459 38 of 60
shall be maintained by the contractor for a period of three years from 1160
the date of final payment under the prime contract and by the 1161
subcontractor for a period of three years from the expiration of the 1162
subcontract. 1163
(b) If a [state] contracting agency enters into an amendment to any 1164
negotiated contract or subcontract that extends the terms of such 1165
contract or subcontract, the amendment shall be deemed a new and 1166
separate negotiated contract for the purposes of this section. The books 1167
and records of a contractor or any subcontractor related to the 1168
performance of such amendment shall be maintained by the contractor 1169
or subcontractor from the commencement of such amendment until a 1170
period of three years from the date of final payment under such 1171
amendment or the date of expiration of such amendment, whichever is 1172
later. 1173
Sec. 27. Section 4e-31 of the general statutes is repealed and the 1174
following is substituted in lieu thereof (Effective July 1, 2022): 1175
When, for any reason, collusion or other anticompetitive practices are 1176
suspected among any bidders or proposers for a [state] contract of a 1177
contracting agency, a notice of the relevant facts shall be transmitted to 1178
the Attorney General by any affected party, including, but not limited 1179
to, the [state] contracting agency, a bidder or a proposer. 1180
Sec. 28. Section 4e-32 of the general statutes is repealed and the 1181
following is substituted in lieu thereof (Effective July 1, 2022): 1182
Each [state] contracting agency shall retain and dispose of all 1183
procurement records in accordance with records retention guidelines 1184
and schedules approved by the Public Records Administrator. 1185
Sec. 29. Section 4e-33 of the general statutes is repealed and the 1186
following is substituted in lieu thereof (Effective July 1, 2022): 1187
The agency procurement officer of each [state] contracting agency 1188
shall maintain a record that lists all contracts awarded pursuant to 1189 Raised Bill No. 473
LCO No. 3459 39 of 60
section 4e-21, as amended by this act, and the regulations adopted under 1190
section 4e-23 for a minimum of five years after the date of any such 1191
award. Such record shall contain: 1192
(1) Each contractor's name; 1193
(2) The amount and type of each contract; and 1194
(3) A listing of the supplies, services or construction procured under 1195
each contract. 1196
Sec. 30. Section 4e-34 of the general statutes is repealed and the 1197
following is substituted in lieu thereof (Effective July 1, 2022): 1198
(a) After reasonable notice and hearing and consultation with the 1199
relevant [state] contracting agency and the Attorney General, the State 1200
Contracting Standards Board, acting through a subcommittee of three 1201
members, appointed by the chairperson, which subcommittee shall 1202
include not less than one legislative appointee, may disqualify any 1203
contractor, bidder or proposer, for a period of not more than five years, 1204
from bidding on, applying for or participating as a contractor or 1205
subcontractor under, contracts with the state, quasi-public agencies or 1206
municipalities. Such disqualification shall be upon the vote of two-1207
thirds of the members of the subcommittee present and voting for that 1208
purpose. Such hearing shall be conducted in accordance with the 1209
provisions of chapter 54. The subcommittee shall issue a written 1210
recommendation not later than sixty days after the conclusion of such 1211
hearing, and shall state the reason for the recommended action and, if 1212
the disqualification is recommended, the period of time the contractor, 1213
bidder or proposer shall be disqualified. In determining whether to 1214
disqualify a contractor, bidder or proposer, the subcommittee shall 1215
consider the seriousness of the acts or omissions of the contractor, 1216
bidder or proposer and any mitigating factors. Such recommendation 1217
shall be submitted to the board for action and sent to the contractor by 1218
certified mail, return receipt requested. If disqualification is 1219
recommended, the contractor shall have thirty days to submit 1220
comments to the board. Upon receipt of the proposed recommendation 1221 Raised Bill No. 473
LCO No. 3459 40 of 60
by the subcommittee, the board shall issue a written decision either 1222
adopting, rejecting or modifying the subcommittee's recommendation. 1223
Such decision shall be issued not later than thirty days after receipt by 1224
the board of the contractor's comments, if any. The board shall send the 1225
decision to the contractor by certified mail, return receipt requested. The 1226
written decision shall be a final decision for purposes of sections 4-180 1227
and 4-183. 1228
(b) Causes for such disqualification shall include the following: 1229
(1) Conviction of, or entry of a plea of guilty or nolo contendere or 1230
admission to, the commission of a criminal offense as an incident to 1231
obtaining or attempting to obtain a public or private contract or 1232
subcontract, or in the performance of such contract or subcontract; 1233
(2) Conviction of, or entry of a plea of guilty or nolo contendere or 1234
admission to, the violation of any state or federal law for embezzlement, 1235
theft, forgery, bribery, falsification or destruction of records, receiving 1236
stolen property or any other offense indicating a lack of business 1237
integrity or business honesty which affects responsibility as a [state] 1238
contractor; 1239
(3) Conviction of, or entry of a plea of guilty or nolo contendere or 1240
admission to, a violation of any state or federal antitrust, collusion or 1241
conspiracy law arising out of the submission of bids or proposals on a 1242
public or private contract or subcontract; 1243
(4) Accumulation of two or more suspensions pursuant to section 4e-1244
35, as amended by this act, within a twenty-four-month period; 1245
(5) A wilful, negligent or reckless failure to perform in accordance 1246
with the terms of one or more contracts or subcontracts, agreements or 1247
transactions with [state] contracting agencies; 1248
(6) A history of failure to perform or of unsatisfactory performance 1249
on one or more public contracts, agreements or transactions with [state] 1250
contracting agencies; 1251 Raised Bill No. 473
LCO No. 3459 41 of 60
(7) A wilful violation of a statutory or regulatory provision or 1252
requirement applicable to a contract, agreement or transaction with 1253
[state] contracting agencies; 1254
(8) A wilful or egregious violation of the ethical standards set forth in 1255
sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 1256
Advisory Board; or 1257
(9) Any other cause or conduct the board determines to be so serious 1258
and compelling as to affect responsibility as a [state] contractor, 1259
including, but not limited to: 1260
(A) Disqualification by another state for cause; 1261
(B) The fraudulent or criminal conduct of any officer, director, 1262
shareholder, partner, employee or other individual associated with a 1263
contractor, bidder or proposer of such contractor, bidder or proposer, 1264
provided such conduct occurred in connection with the individual's 1265
performance of duties for or on behalf of such contractor, bidder or 1266
proposer and such contractor, bidder or proposer knew or had reason 1267
to know of such conduct; 1268
(C) The existence of an informal or formal business relationship with 1269
a contractor who has been disqualified from bidding or proposing on 1270
[state] contracts of any [state] contracting agency. 1271
(c) Upon written request by the affected [state] contractor, bidder or 1272
proposer, the State Contracting Standards Board may reduce the period 1273
or extent of disqualification for a contractor, bidder or proposer if 1274
documentation supporting any of the following reasons for 1275
modification is provided to the board by the contractor, bidder or 1276
proposer: 1277
(1) Newly discovered material evidence; 1278
(2) Reversal of the conviction upon which the disqualification was 1279
based; 1280 Raised Bill No. 473
LCO No. 3459 42 of 60
(3) Bona fide change in ownership or management; or 1281
(4) Elimination of other causes for which the disqualification was 1282
imposed. 1283
Sec. 31. Section 4e-35 of the general statutes is repealed and the 1284
following is substituted in lieu thereof (Effective July 1, 2022): 1285
(a) After reasonable notice and a hearing, conducted in accordance 1286
with the provisions of chapter 54, the department head of any [state] 1287
contracting agency of the state may suspend any contractor, bidder or 1288
proposer for a period of not more than six months from bidding on, 1289
applying for or performing work as a contractor or subcontractor under, 1290
contracts with the state. The department head shall issue a written 1291
decision not later than ninety days after the conclusion of such hearing 1292
and state in the decision the reasons for the action taken and, if the 1293
contractor, bidder or proposer is being suspended, the period of such 1294
suspension. In determining whether to suspend a contractor, bidder or 1295
proposer, the department head shall consider the seriousness of the acts 1296
or omissions of the contractor, bidder or proposer and any mitigating 1297
factors. The department head shall send such decision to the contractor 1298
and the State Contracting Standards Board by certified mail, return 1299
receipt requested. Such decision shall be a final decision for purposes of 1300
sections 4-180 and 4-183. 1301
(b) Causes for such suspension shall include the following: 1302
(1) Failure without good cause to perform in accordance with 1303
specifications or within the time limits provided in the contract; 1304
(2) A record of failure to perform or of unsatisfactory performance in 1305
accordance with the terms of one or more contracts, provided failure to 1306
perform or unsatisfactory performance caused by acts beyond the 1307
control of the contractor shall not be considered to be a basis for 1308
suspension; 1309
(3) Any cause the complainant [state] contracting agency determines 1310 Raised Bill No. 473
LCO No. 3459 43 of 60
to be so serious and compelling as to affect the responsibility of a state 1311
contractor, including suspension by another [state] contracting agency 1312
of the state for cause; or 1313
(4) A violation of the ethical standards set forth in section 1-84, 1-86e 1314
or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 1315
(c) The State Contracting Standards Board may grant an exception 1316
permitting a suspended contractor to participate in a particular contract 1317
or subcontract upon a written determination by the board that there is 1318
good cause for such exception and that such exception is in the best 1319
interest of the state. 1320
(d) The department head of each [state] contracting agency of the 1321
state shall conduct reviews of contractors and shall file reports 1322
pertaining to any of the reasons set forth in this section that may be the 1323
basis for disqualification. 1324
Sec. 32. Subsections (g) to (i), inclusive, of section 4e-37 of the general 1325
statutes are repealed and the following is substituted in lieu thereof 1326
(Effective July 1, 2022): 1327
(g) In the event that the appeals review subcommittee or the board 1328
determines that a procedural violation occurred, or that allegations of 1329
an unauthorized or unwarranted, noncompetitive selection process 1330
have been substantiated, the board shall direct the [state] contracting 1331
agency of the state to take corrective action not later than thirty days 1332
after the date of the subcommittee's or board's decision, as applicable. 1333
(h) In the event such appeal is found to be frivolous by the appeals 1334
review subcommittee or the full board, such frivolous appeal may serve 1335
as a basis for disqualification pursuant to section 4e-34, as amended by 1336
this act. 1337
(i) Any three members of the board may request a full board review 1338
of any contract deliberation or award process of a [state] contracting 1339
agency. 1340 Raised Bill No. 473
LCO No. 3459 44 of 60
Sec. 33. Section 4e-38 of the general statutes is repealed and the 1341
following is substituted in lieu thereof (Effective July 1, 2022): 1342
The State Contracting Standards Board shall issue a decision in 1343
writing or take other appropriate action on each appeal submitted 1344
pursuant to section 4e-37, as amended by this act. A copy of any decision 1345
shall be provided to all parties, the department head of the [state] 1346
contracting agency of the state and the Chief Procurement Officer. 1347
Sec. 34. Section 4e-39 of the general statutes is repealed and the 1348
following is substituted in lieu thereof (Effective July 1, 2022): 1349
If, prior to award, it is determined by the State Contracting Standards 1350
Board that a solicitation or proposed award of a contract by a [state] 1351
contracting agency is in violation of law, then the solicitation or 1352
proposed award shall be: 1353
(1) Cancelled; or 1354
(2) Revised to comply with the law. 1355
Sec. 35. Section 4e-40 of the general statutes is repealed and the 1356
following is substituted in lieu thereof (Effective July 1, 2022): 1357
If, after an award, it is determined by the State Contracting Standards 1358
Board that a solicitation or award of a contract by a [state] contracting 1359
agency is in violation of law: 1360
(1) If the person awarded the contract did not act in bad faith: 1361
(A) The contract may be ratified and affirmed by the [state] 1362
contracting agency, provided it is determined by the board that doing 1363
so is in the best interests of the state or the municipality; or 1364
(B) The contract may be terminated and the person awarded the 1365
contract shall be compensated for the actual expenses reasonably 1366
incurred under the contract, plus a reasonable profit, prior to the 1367
termination. 1368 Raised Bill No. 473
LCO No. 3459 45 of 60
(2) If the person awarded the contract acted in bad faith: 1369
(A) The contract may be declared null and void; or 1370
(B) The contract may be ratified and affirmed if such action is in the 1371
best interests of the state or the municipality, as determined by the State 1372
Contracting Standards Board, in writing, without prejudice to the 1373
[state's] contracting agency's right to such damages as may be 1374
appropriate. 1375
Sec. 36. Section 4e-43 of the general statutes is repealed and the 1376
following is substituted in lieu thereof (Effective July 1, 2022): 1377
Not later than June 1, 2010, the State Insurance and Risk Management 1378
Board established pursuant to section 4a-19 shall adopt regulations, in 1379
accordance with the provisions of chapter 54, in consultation with the 1380
State Contracting Standards Board, that specify when a [state] 1381
contracting agency shall require proposers to provide appropriate 1382
errors and omissions insurance to cover architectural and engineering 1383
services under the project delivery methods established in regulations 1384
adopted pursuant to section 4e-41. 1385
Sec. 37. Section 4e-45 of the general statutes is repealed and the 1386
following is substituted in lieu thereof (Effective July 1, 2022): 1387
With respect to infrastructure facilities, not later than June 1, 2010, the 1388
State Contracting Standards Board, in consultation with the [state] 1389
contracting agencies and the Attorney General, shall adopt regulations, 1390
in accordance with the provisions of chapter 54, requiring the inclusion 1391
in [state] contracts with any [state] contracting agency of clauses 1392
providing for adjustments in prices, time of performance, remedies, 1393
termination or other contract provisions necessary to protect the 1394
interests of the state or the contracting agency. 1395
Sec. 38. Section 4e-46 of the general statutes is repealed and the 1396
following is substituted in lieu thereof (Effective July 1, 2022): 1397
Not later than June 1, 2010, the State Contracting Standards Board 1398 Raised Bill No. 473
LCO No. 3459 46 of 60
shall adopt regulations, in accordance with the provisions of chapter 54, 1399
concerning the procedure and circumstances under which a [state] 1400
contracting agency may allow contract modification, change order, or 1401
contract price adjustment under a construction contract with the [state] 1402
contracting agency in excess of fifty thousand dollars. Such regulations 1403
shall require that every contract modification, change order or contract 1404
price adjustment under a construction contract with [the state] a 1405
contracting agency in excess of fifty thousand dollars shall be subject to 1406
prior written certification by the fiscal officer of the [state] contracting 1407
agency or other agency responsible for funding the project or the 1408
contract, or other official responsible for monitoring and reporting upon 1409
the status of the costs of the total project budget or contract budget, as 1410
to the effect of the contract modification, change order, or adjustment in 1411
contract price on the total project budget or the total contract budget. 1412
Such regulations shall further provide that in the event the certification 1413
of the fiscal officer or other responsible official discloses a resulting 1414
increase in the total project budget or the total contract budget, the 1415
agency procurement officer shall not execute or make such contract 1416
modification, change order, or adjustment in contract price unless 1417
sufficient funds are available or the scope of the project or contract is 1418
adjusted so as to permit the degree of completion that is feasible within 1419
the total project budget or total contract budget as it existed prior to the 1420
contract modification, change order, or adjustment in contract price 1421
under consideration provided, with respect to the validity, as to the 1422
contractor, of any executed contract modification, change order, or 1423
adjustment in contract price which the contractor has reasonably relied 1424
upon, it shall be presumed that there has been compliance with the 1425
provisions of this section. 1426
Sec. 39. Section 4e-48 of the general statutes is repealed and the 1427
following is substituted in lieu thereof (Effective July 1, 2022): 1428
(a) For the purposes of this section, "nonresident bidder" means a 1429
business that is not a resident of the state that submits a bid in response 1430
to an invitation to bid by a [state] contracting agency, "resident bidder" 1431
means a business that submits a bid in response to an invitation to bid 1432 Raised Bill No. 473
LCO No. 3459 47 of 60
by a [state] contracting agency and that has paid unemployment taxes 1433
or income taxes in this state during the twelve calendar months 1434
immediately preceding submission of such bid, has a business address 1435
in the state and has affirmatively claimed such status in the bid 1436
submission, and "contract" [means "contract" as defined in section 4e-1 1437
and "state contracting agency" means "state contracting agency", as 1438
defined] and "contracting agency" have the same meanings as provided 1439
in section 4e-1, as amended by this act. 1440
(b) Notwithstanding any provision of law, in the award of a contract, 1441
after the original bids have been received and an original lowest 1442
responsible qualified bid is identified, a [state] contracting agency shall 1443
add a per cent increase to the original bid of a nonresident bidder equal 1444
to the per cent, if any, of the preference given to such nonresident bidder 1445
in the state in which such nonresident bidder resides. If, after 1446
application of such per cent increase, the bidder that submits the lowest 1447
responsible qualified bid is a resident bidder, the [state] contracting 1448
agency shall award such contract to such resident bidder provided such 1449
resident bidder agrees, in writing, to meet the original lowest 1450
responsible qualified bid. Any such agreement by such resident bidder 1451
to meet the original lowest responsible qualified bid shall be made not 1452
later than seventy-two hours after such resident bidder receives notice 1453
from such [state] contracting agency that such resident bidder may be 1454
awarded such contract if such resident bidder agrees to meet the 1455
original lowest responsible qualified bid. 1456
(c) Not later than January 1, 2009, and each January thereafter, the 1457
State Contracting Standards Board shall publish a list of states that give 1458
preference to in-state bidders with the per cent increase applied in each 1459
state. Such list shall be made available to all [state] contracting agencies 1460
and may be relied upon by such agencies in determining the lowest 1461
responsible bidder. 1462
Sec. 40. Section 4e-72 of the 2022 supplement to the general statutes 1463
is repealed and the following is substituted in lieu thereof (Effective July 1464
1, 2022): 1465 Raised Bill No. 473
LCO No. 3459 48 of 60
As used in this section, "contract", ["state contracting agency"] 1466
"contracting agency", "data" and "contractor" have the same meanings 1467
as provided in section 4e-1, as amended by this act. Any contract 1468
between a [state] contracting agency of the state and a contractor that is 1469
entered into, renewed or amended on or after October 1, 2021, shall 1470
contain a provision authorizing the [state] contracting agency to access 1471
any data concerning such contract that is in the possession or control of 1472
the contractor upon demand in a format prescribed by the [state] 1473
contracting agency at no additional cost to such agency. 1474
Sec. 41. Section 15-31b of the 2022 supplement to the general statutes 1475
is repealed and the following is substituted in lieu thereof (Effective July 1476
1, 2022): 1477
(a) The purposes of the Connecticut Port Authority shall be to 1478
coordinate the development of Connecticut's ports and harbors, with a 1479
focus on private and public investments, pursue federal and state funds 1480
for dredging and other infrastructure improvements to increase cargo 1481
movement through the ports and maintain navigability of all ports and 1482
harbors, market the economic development of such ports and harbors, 1483
work with the Department of Economic and Community Development 1484
and other state, local and private entities to maximize the economic 1485
potential of the ports and harbors, support and enhance the overall 1486
development of the state's maritime commerce and industries, 1487
coordinate the planning and funding of capital projects promoting the 1488
development of the ports and harbors, develop strategic entrepreneurial 1489
initiatives that may be available to the state, coordinate the state's 1490
maritime policy activities, serve as the Governor's principal maritime 1491
policy advisor and undertake such other responsibilities as may be 1492
assigned to it. To accomplish the purposes of the authority, the authority 1493
shall have the duty and power to: 1494
(1) Have perpetual succession as a body politic and corporate and to 1495
adopt bylaws for the regulation of its affairs and the conduct of its 1496
business; 1497 Raised Bill No. 473
LCO No. 3459 49 of 60
(2) Adopt an official seal and alter the same at pleasure; 1498
(3) Maintain an office at such place or places as it may designate; 1499
(4) Sue and be sued in its own name, and plead and be impleaded; 1500
(5) Develop an organizational and management structure that will 1501
best accomplish the goals of the authority concerning Connecticut ports 1502
and harbors; 1503
(6) Create a code of conduct for the board of directors of the authority 1504
consistent with part I of chapter 10; 1505
(7) Adopt rules for the conduct of its business, which shall not be 1506
considered regulations as defined in section 4-166; 1507
(8) Adopt an annual budget and plan of operations, including a 1508
requirement of board approval before the budget or plan may take 1509
effect; 1510
(9) Make and enter into all contracts and agreements that are 1511
necessary, desirable or incidental to the conduct of its business; 1512
(10) Enter into joint ventures and invest in, and participate with, any 1513
person or entity, including, without limitation, governmental or private 1514
business entities in the formation, ownership, management and 1515
operation of business entities, including stock and nonstock 1516
corporations, limited liability companies and general and limited 1517
partnerships, formed to advance the purposes of the authority. The 1518
officers, employees and members of the board of directors of the 1519
authority may serve, without compensation, as directors or officers of 1520
any such business entities formed and such service shall be deemed to 1521
be within the discharge of the duties of such officers, employees or 1522
directors to the authority; 1523
(11) Receive and accept, from any source, aid or contributions, 1524
including money, property, labor and other things of value; 1525 Raised Bill No. 473
LCO No. 3459 50 of 60
(12) Award grants and subsidies, make loans and provide other 1526
forms of financial assistance to any person or entity under a written 1527
policy, adopted in accordance with the provisions of section 1-121, 1528
setting forth the eligibility criteria, application process, and such other 1529
provisions as may be necessary or desirable to carry out the purposes of 1530
this section; 1531
(13) Charge reasonable fees for the services it performs and waive, 1532
suspend, reduce or otherwise modify such fees in accordance with 1533
written criteria established by the authority, and provided, that no 1534
change may be made in fees without at least thirty days prior notice, 1535
published in accordance with the provisions of section 1-121; 1536
(14) Employ such assistants, agents and other employees as may be 1537
necessary or desirable to carry out its purposes. (A) The executive 1538
director and such employees shall be exempt from the classified service 1539
and, except as provided in subparagraph (B) of this subdivision, shall 1540
not be employees, as defined in subsection (b) of section 5-270. The 1541
authority shall fix appropriate compensation for such employees and 1542
establish all necessary or appropriate personnel practices and policies, 1543
including those relating to hiring, promotion, compensation, retirement 1544
and collective bargaining, which need not be in accordance with chapter 1545
68, and the authority shall not be an employer, as defined in subsection 1546
(a) of section 5-270, and may engage consultants, attorneys and 1547
appraisers as may be necessary or desirable to carry out its purposes in 1548
accordance with sections 15-31a to 15-31i, inclusive. (B) For purposes of 1549
group welfare benefits and retirement, including, but not limited to, 1550
those provided under chapter 66 and sections 5-257 and 5-259, the 1551
officers and all other employees of the authority shall be state 1552
employees. The authority shall reimburse the appropriate state agencies 1553
for all costs incurred by such designation; 1554
(15) Invest in, acquire, lease, purchase, own, manage, hold and 1555
dispose of real property and lease, convey or deal in or enter into 1556
agreements with respect to such property on any terms necessary or 1557
incidental to carrying out the purposes of sections 15-31a to 15-31i, 1558 Raised Bill No. 473
LCO No. 3459 51 of 60
inclusive, provided such transactions shall not be subject to approval, 1559
review or regulation by any state agency pursuant to title 4b or any other 1560
provision of the general statutes, except (A) the authority shall not 1561
convey fee simple ownership in any property associated with the ports 1562
or harbors under its jurisdiction and control without the approval of the 1563
State Properties Review Board and the Attorney General, and (B) as 1564
provided in [subsection (c) of this section] chapter 62; and 1565
(16) Adopt any policies and procedures necessary to carry out the 1566
provisions of this section in accordance with the provisions of section 1-1567
121. 1568
(b) The authority shall continue as long as it has bonds or other 1569
obligations outstanding and until its existence is terminated by law, 1570
provided no such termination shall affect any outstanding contractual 1571
obligation of the authority and the state shall succeed to the obligations 1572
of the authority under any contract. Upon the termination of the 1573
existence of the authority, all its rights and properties shall pass to and 1574
be vested in the state of Connecticut. 1575
[(c) On and after June 23, 2021, until July 1, 2026, the authority shall 1576
be a state contracting agency for the purposes of chapter 62, except for 1577
the provisions of section 4e-16, and shall be subject to the authority of 1578
the State Contracting Standards Board established under section 4e-2.] 1579
Sec. 42. Subsection (e) of section 19a-32s of the general statutes is 1580
repealed and the following is substituted in lieu thereof (Effective July 1, 1581
2022): 1582
(e) For purposes of this section and section 19a-32r, the board shall 1583
not be considered a [state] contracting agency, as defined in [subdivision 1584
(28) of] section 4e-1, as amended by this act. 1585
Sec. 43. Subsection (c) of section 10-357b of the 2022 supplement to 1586
the general statutes is repealed and the following is substituted in lieu 1587
thereof (Effective July 1, 2022): 1588 Raised Bill No. 473
LCO No. 3459 52 of 60
(c) The State Education Resource Center shall be subject to (1) rules, 1589
regulations and restrictions on purchasing, procurement, personal 1590
service agreements and the disposition of assets generally applicable to 1591
Connecticut state agencies, including those contained in titles 4, 4a and 1592
4b and [section 4e-19] chapter 62, and (2) audit by the Auditors of Public 1593
Accounts under chapter 12 and section 2-90. 1594
Sec. 44. Section 10a-196 of the general statutes is repealed and the 1595
following is substituted in lieu thereof (Effective July 1, 2022): 1596
Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1597
complete, additional and alternative method for the doing of the things 1598
authorized thereby, and shall be regarded as supplemental and 1599
additional to powers conferred by other laws; provided the issuance of 1600
bonds and refunding bonds under the provisions of this chapter need 1601
not comply with the requirements of any other law applicable to the 1602
issuance of bonds including, particularly, title 42a; and provided in the 1603
construction and acquisition of a project pursuant hereto the authority 1604
need not comply with the requirements of chapter 50. Except as 1605
otherwise expressly provided in this chapter, none of the powers 1606
granted to the authority under the provisions of this chapter shall be 1607
subject to the supervision or regulation or require the approval or 1608
consent of any municipality or political subdivision or any commission, 1609
board, body, bureau, official or agency thereof or of the state, except for 1610
the provisions concerning quasi-public agencies set forth in chapter 62. 1611
Sec. 45. Subsection (s) of section 10a-204b of the general statutes is 1612
repealed and the following is substituted in lieu thereof (Effective July 1, 1613
2022): 1614
(s) The provisions of this section shall be deemed to provide a 1615
complete, additional and alternative method for the actions and the 1616
things authorized thereby and shall be regarded as supplemental and 1617
additional to powers granted by other laws; the issuance of bonds, notes 1618
or other obligations under the provisions of this section need not comply 1619
with the requirements of any law applicable to the issuance of bonds, 1620 Raised Bill No. 473
LCO No. 3459 53 of 60
notes or other obligations. This section, being necessary for the welfare 1621
of the state and its inhabitants, shall be liberally construed to affect its 1622
purpose. None of the powers granted to the corporation or to any 1623
subsidiary created pursuant to subdivision (5) of section 10a-204 under 1624
the provisions of this section shall be subject to the supervision or 1625
regulation or require the approval or consent of any municipality or 1626
political subdivision or any department, division, commission, board, 1627
body, bureau, official or agency thereof or of the state, and the exercise 1628
thereof shall not cause the corporation or any such subsidiary to be 1629
construed to be an agency within the scope of chapter 54 or a 1630
department, institution or agency of the state, except that the 1631
corporation or any such subsidiary shall comply with any provisions of 1632
chapter 62 concerning quasi-public agencies. 1633
Sec. 46. Section 10a-243 of the general statutes is repealed and the 1634
following is substituted in lieu thereof (Effective July 1, 2022): 1635
The provisions of this chapter shall be deemed to provide a complete, 1636
additional and alternative method for the actions of the things 1637
authorized thereby and shall be regarded as supplemental and 1638
additional to powers granted by other laws; the issuance of revenue 1639
bonds or notes and revenue refunding bonds or notes under the 1640
provisions of this chapter need not comply with the requirements of any 1641
other law applicable to the issuance of bonds or notes. This chapter, 1642
being necessary for the welfare of the state and its inhabitants, shall be 1643
liberally construed to effect its purpose. Except as otherwise expressly 1644
provided in this chapter or the provisions concerning quasi-public 1645
agencies in chapter 62, none of the powers granted to the authority 1646
under the provisions of this chapter shall be subject to the supervision 1647
or regulation or require the approval or consent of any municipality or 1648
political subdivision or any department, division, commission, board, 1649
body, bureau, official or agency thereof or of the state. The authority 1650
shall not be construed to be an agency within the scope of chapter 54 or 1651
a department, institution or agency of the state. 1652
Sec. 47. Subdivision (16) of subsection (b) of section 12-806 of the 2022 1653 Raised Bill No. 473
LCO No. 3459 54 of 60
supplement to the general statutes is repealed and the following is 1654
substituted in lieu thereof (Effective July 1, 2022): 1655
(16) To invest in, acquire, lease, purchase, own, manage, hold and 1656
dispose of real property and lease, convey or deal in or enter into 1657
agreements with respect to such property on any terms necessary or 1658
incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1659
818, inclusive, and sections 12-853 and 12-854, provided such 1660
transactions shall not be subject to approval, review or regulation 1661
pursuant to title 4b or any other statute by any state agency, except that 1662
real property transactions shall be subject to review by the State 1663
Properties Review Board and contracts shall be subject to the applicable 1664
provisions of chapter 62; 1665
Sec. 48. Section 12-815 of the general statutes is repealed and the 1666
following is substituted in lieu thereof (Effective July 1, 2022): 1667
(a) The corporation shall establish and adopt specific policies, rules 1668
and procedures on purchasing and contracting. Such policies, rules and 1669
procedures or amendments thereto shall be approved by a two-thirds 1670
vote of the entire board. Notwithstanding any other provision of law to 1671
the contrary, the corporation may enter into management, consulting 1672
and other agreements for the provision of goods, services and 1673
professional advisors necessary or useful in connection with the 1674
operation and management of the lottery (1) pursuant to a process of 1675
open or competitive bidding, provided (A) the corporation shall first 1676
determine the format, content and scope of any agreement for any 1677
procurement of goods or services, the conditions under which bidding 1678
will take place and the schedule and stipulations for contract award, and 1679
(B) the corporation may select the contractor deemed to have submitted 1680
the most favorable bid, considering price and other factors, when, in the 1681
judgment of the corporation, such award is in the best interests of the 1682
corporation, or (2) if the corporation, in its discretion, determines that, 1683
due to the nature of the agreement to be contracted for or procured, 1684
open or public bidding is either impracticable or not in the best interests 1685
of the corporation, by negotiation with such prospective providers as 1686 Raised Bill No. 473
LCO No. 3459 55 of 60
the corporation may determine. The terms and conditions of agreements 1687
and the fees or other compensation to be paid to such persons shall be 1688
determined by the corporation. The agreements entered into by the 1689
corporation in accordance with the provisions of this section shall not 1690
be subject to the approval of any state department, office or agency, 1691
except as provided in any applicable provision of chapter 62 or 1692
regulations adopted by the Department of Consumer Protection. 1693
Nothing in this section shall be deemed to restrict the discretion of the 1694
corporation to utilize its own staff and workforce for the performance of 1695
any of its assigned responsibilities and functions whenever, in the 1696
discretion of the corporation, it becomes necessary, convenient or 1697
desirable to do so. Copies of all agreements of the corporation shall be 1698
maintained by the corporation at its offices as public records, subject to 1699
said exemption. 1700
(b) [The] Except as provided in chapter 62, the corporation shall not 1701
be subject to rules, regulations or restrictions on purchasing or 1702
procurement or the disposition of assets generally applicable to 1703
Connecticut state agencies, including those contained in titles 4a and 4b 1704
and the corresponding rules and regulations. The board shall adopt 1705
rules and procedures on purchasing, procurement and the disposition 1706
of assets applicable to the corporation. The adoption of such rules or 1707
procedures shall not be subject to chapter 54. Any such rules or 1708
procedures shall be a public record, as defined in section 1-200. 1709
Sec. 49. Section 22a-268 of the general statutes is repealed and the 1710
following is substituted in lieu thereof (Effective July 1, 2022): 1711
The authority shall utilize private industry, by contract, to carry out 1712
the business, design, operating, management, marketing, planning and 1713
research and development functions of the authority, unless the 1714
authority determines that it is in the public interest to adopt another 1715
course of action. The authority is hereby empowered to enter into long-1716
term contracts with private persons for the performance of any such 1717
functions of the authority which, in the opinion of the authority, can 1718
desirably and conveniently be carried out by a private person under 1719 Raised Bill No. 473
LCO No. 3459 56 of 60
contract provided any such contract shall contain such terms and 1720
conditions as will enable the authority to retain overall supervision and 1721
control of the business, design, operating, management, transportation, 1722
marketing, planning and research and development functions to be 1723
carried out or to be performed by such private persons pursuant to such 1724
contract. Such contracts shall be entered into either on a competitive 1725
negotiation or competitive bidding basis, and the authority in its 1726
discretion may select the type of contract it deems most prudent to 1727
utilize, pursuant to the contracting procedures adopted under section 1728
22a-268a and considering the scope of work, the management 1729
complexities associated therewith, the extent of current and future 1730
technological development requirements and the best interests of the 1731
state. Whenever a long-term contract is entered into on other than a 1732
competitive bidding basis, the criteria and procedures therefor shall 1733
conform to applicable provisions of subdivision (16) of subsection (a) 1734
and subsections (b) and (c) of section 22a-266, provided however, that 1735
any contract for a period of over five years in duration, or any contract 1736
for which the annual consideration is greater than fifty thousand dollars 1737
shall be approved by a two-thirds vote of the authority's full board of 1738
directors. The terms and conditions of such contracts shall be 1739
determined by the authority, as shall the fees or other similar 1740
compensation to be paid to such persons for such contracts. The 1741
contracts entered into by the authority shall not be subject to the 1742
approval of any other state department, office or agency, except as 1743
provided in chapter 62. However, copies of all contracts of the authority 1744
shall be maintained by the authority as public records, subject to the 1745
proprietary rights of any party to the contract. Nothing of the aforesaid 1746
shall be deemed to restrict the discretion of the authority to utilize its 1747
own staff and work force for the performance of any of its assigned 1748
responsibilities and functions whenever, in the discretion of the 1749
authority, it becomes necessary, convenient or desirable to do so. Any 1750
litigation with respect to any terms, conditions or provisions of any 1751
contract of the authority, or the performance or nonperformance of same 1752
by either party, shall be tried before a judge of the Superior Court of 1753
Connecticut. 1754 Raised Bill No. 473
LCO No. 3459 57 of 60
Sec. 50. Subdivision (14) of subsection (b) of section 31-49h of the 1755
general statutes is repealed and the following is substituted in lieu 1756
thereof (Effective July 1, 2022): 1757
(14) Make and enter into any contract or agreement necessary or 1758
incidental to the performance of its duties and execution of its powers. 1759
[The] Except as provided in chapter 62, the contracts and agreements 1760
entered into by the authority shall not be subject to the approval of any 1761
other state department, office or agency, provided copies of all such 1762
contracts shall be maintained by the authority as public records, subject 1763
to the proprietary rights of any party to such contracts. No contract shall 1764
contain any provision in which any contractor derives any direct or 1765
indirect economic benefit from denying or otherwise influencing the 1766
outcome of any claim for benefits. The standard criteria for the 1767
evaluation of proposals relating to claims processing, web site 1768
development, database development, marketing and advertising, in the 1769
event the authority seeks the services of an outside contractor for such 1770
tasks, and for the evaluation of proposals relating to all other contracts 1771
in amounts equal to or exceeding two hundred fifty thousand dollars 1772
shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1773
efficiency of operations, (D) quality of work related to the contracts 1774
issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1775
analysis documenting the direct and indirect costs of such contracts, 1776
including qualitative and quantitative benefits that will result from the 1777
implementation of such contracts. The establishment of additional 1778
standard criteria shall be approved by a two-thirds vote of the board 1779
after such criteria have been posted on a public Internet web site 1780
maintained by the authority for notice and comment for at least one 1781
week prior to such vote. 1782
Sec. 51. Subdivision (13) of subsection (c) of section 38a-1083 of the 1783
2022 supplement to the general statutes is repealed and the following is 1784
substituted in lieu thereof (Effective July 1, 2022): 1785
(13) Make and enter into any contract or agreement necessary or 1786
incidental to the performance of its duties and execution of its powers, 1787 Raised Bill No. 473
LCO No. 3459 58 of 60
including, but not limited to, an agreement with the Office of Health 1788
Strategy to use funds collected under this section for the operation of 1789
the all-payer claims database established under section 19a-755a and to 1790
receive data from such database. The contracts entered into by the 1791
exchange shall not be subject to the approval of any other state 1792
department, office or agency, provided copies of all contracts of the 1793
exchange shall be maintained by the exchange as public records, subject 1794
to the proprietary rights of any party to the contract, except (A) as 1795
provided in chapter 62, and (B) any agreement with the Office of Health 1796
Strategy shall be subject to approval by said office and the Office of 1797
Policy and Management and no portion of such agreement shall be 1798
considered proprietary; 1799
Sec. 52. (Effective July 1, 2022) The sum of four hundred sixty-seven 1800
thousand fifty-five dollars is appropriated to the State Contracting 1801
Standards Board from the General Fund, for the fiscal year ending June 1802
30, 2023, for purposes of funding the filling of five positions in 1803
accordance with section 2 of this act. 1804
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 4e-1
Sec. 4 July 1, 2022 4e-2(f) to (h)
Sec. 5 July 1, 2022 4e-3
Sec. 6 July 1, 2022 4e-4
Sec. 7 July 1, 2022 4e-5(a) to (c)
Sec. 8 July 1, 2022 4e-6
Sec. 9 July 1, 2022 4e-7
Sec. 10 July 1, 2022 4e-8
Sec. 11 July 1, 2022 4e-10
Sec. 12 July 1, 2022 4e-14
Sec. 13 July 1, 2022 4e-16
Sec. 14 July 1, 2022 4e-17
Sec. 15 July 1, 2022 4e-18
Sec. 16 July 1, 2022 4e-19 Raised Bill No. 473
LCO No. 3459 59 of 60
Sec. 17 July 1, 2022 4e-21
Sec. 18 July 1, 2022 4e-24
Sec. 19 July 1, 2022 4b-51(d)
Sec. 20 July 1, 2022 4b-57(a)
Sec. 21 July 1, 2022 4b-91(g)
Sec. 22 July 1, 2022 4e-25
Sec. 23 July 1, 2022 4e-27
Sec. 24 July 1, 2022 4e-28
Sec. 25 July 1, 2022 4e-29
Sec. 26 July 1, 2022 4e-30
Sec. 27 July 1, 2022 4e-31
Sec. 28 July 1, 2022 4e-32
Sec. 29 July 1, 2022 4e-33
Sec. 30 July 1, 2022 4e-34
Sec. 31 July 1, 2022 4e-35
Sec. 32 July 1, 2022 4e-37(g) to (i)
Sec. 33 July 1, 2022 4e-38
Sec. 34 July 1, 2022 4e-39
Sec. 35 July 1, 2022 4e-40
Sec. 36 July 1, 2022 4e-43
Sec. 37 July 1, 2022 4e-45
Sec. 38 July 1, 2022 4e-46
Sec. 39 July 1, 2022 4e-48
Sec. 40 July 1, 2022 4e-72
Sec. 41 July 1, 2022 15-31b
Sec. 42 July 1, 2022 19a-32s(e)
Sec. 43 July 1, 2022 10-357b(c)
Sec. 44 July 1, 2022 10a-196
Sec. 45 July 1, 2022 10a-204b(s)
Sec. 46 July 1, 2022 10a-243
Sec. 47 July 1, 2022 12-806(b)(16)
Sec. 48 July 1, 2022 12-815
Sec. 49 July 1, 2022 22a-268
Sec. 50 July 1, 2022 31-49h(b)(14)
Sec. 51 July 1, 2022 38a-1083(c)(13)
Sec. 52 July 1, 2022 New section
Statement of Purpose:
To make revisions to provisions concerning the State Contracting
Standards Board, including by giving the board authority over quasi-
public agency and municipal procurement, requiring the hiring of full- Raised Bill No. 473
LCO No. 3459 60 of 60
time staff for the board, prohibiting the Governor from reducing
allotments to the board and limiting the selection of contractors from a
list without a competitive process to emergency procurements.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]