Connecticut 2022 Regular Session

Connecticut Senate Bill SB00473 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 473
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	5	+	LCO No. 3459 1 of 60
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	7	+	General Assembly Raised Bill No. 473
8	8		February Session, 2022
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	9	+	LCO No. 3459
	10	+
	11	+
	12	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	13	+	AND ELECTIONS
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	15	+
	16	+	Introduced by:
	17	+	(GAE)
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14	22		AN ACT CONCERNING THE STATE CONTRACTING STANDARDS
15	23		BOARD.
16	24		Be it enacted by the Senate and House of Representatives in General
17	25		Assembly convened:
18	26
19	27		Section 1. (NEW) (Effective from passage) (a) Notwithstanding any 1
20	28		provision of the general statutes, the appropriations recommended for 2
21	29		the State Contracting Standards Board shall be the estimates of 3
22	30		expenditure requirements transmitted to the Secretary of the Office of 4
23	31		Policy and Management by the executive director of the board and the 5
24	32		recommended adjustments and revisions of such estimates shall be the 6
25	33		recommended adjustments and revisions, if any, transmitted by said 7
26	34		executive director to the Office of Policy and Management. 8
27	35		(b) Notwithstanding any provision of the general statutes, the 9
28	36		Governor shall not reduce allotment requisitions or allotments in force 10
29	37		concerning the State Contracting Standards Board. 11
30	38		Sec. 2. (Effective July 1, 2022) Not later than September 22, 2022, the 12
31	39		State Contracting Standards Board shall hire five employees as required 13
32		-	under subsection (h) of section 4e-2 of the general statutes, as amended 14
	40	+	under subsection (h) of section 4e-2 of the general statutes, as amended 14 Raised Bill No. 473
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	42	+
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33	46		by this act. 15
34	47		Sec. 3. Section 4e-1 of the general statutes is repealed and the 16
35		-	following is substituted in lieu thereof (Effective July 1, 2022): 17 Substitute Bill No. 473
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	48	+	following is substituted in lieu thereof (Effective July 1, 2022): 17
42	49		For the purposes of [sections 4e-1] this section and sections 4e-2 to 4e-18
43	50		47, inclusive, as amended by this act: 19
44	51		(1) "Best value selection" means a contract selection process in which 20
45	52		the award of a contract is based on a combination of quality, timeliness 21
46	53		and cost factors; 22
47	54		(2) "Bid" means an offer, submitted in response to an invitation to bid, 23
48	55		to furnish supplies, materials, equipment, construction or contractual 24
49	56		services to a [state] contracting agency under prescribed conditions at a 25
50	57		stated price; 26
51	58		(3) "Bidder" means a business submitting a bid in response to an 27
52	59		invitation to bid by a [state] contracting agency; 28
53	60		(4) "Business" means any individual or sole proprietorship, 29
54	61		partnership, firm, corporation, trust, limited liability company, limited 30
55	62		liability partnership, joint stock company, joint venture, association or 31
56	63		other legal entity through which business for profit or not-for-profit is 32
57	64		conducted; 33
58	65		(5) "Competitive bidding" means the submission of prices by a 34
59	66		business competing for a contract to provide supplies, materials, 35
60	67		equipment or contractual services to a [state] contracting agency, under 36
61	68		a procedure in which the contracting authority does not negotiate 37
62	69		prices, as set forth in statutes and regulations concerning procurement; 38
63	70		(6) "Consultant" means (A) any architect, professional engineer, 39
64	71		landscape architect, land surveyor, accountant, interior designer, 40
65	72		environmental professional or construction administrator, who is 41
66	73		registered or licensed to practice such person's profession in accordance 42
67	74		with the applicable provisions of the general statutes, (B) any planner or 43
68		-	any environmental, management or financial specialist, or (C) any 44
	75	+	any environmental, management or financial specialist, or (C) any 44 Raised Bill No. 473
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69	81		person who performs professional work in areas including, but not 45
70	82		limited to, educational services, medical services, information 46
71		-	technology and real estate appraisal; 47 Substitute Bill No. 473
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	83	+	technology and real estate appraisal; 47
78	84		(7) "Consultant services" means those professional services rendered 48
79	85		by a consultant and any incidental services that a consultant and those 49
80	86		in the consultant's employ are authorized to perform; 50
81	87		(8) "Contract" [or "state contract"] means an agreement or a 51
82	88		combination or series of agreements between a [state] contracting 52
83	89		agency [or quasi-public agency] and a business for: 53
84	90		(A) A project for the construction, reconstruction, alteration, 54
85	91		remodeling, repair or demolition of any public building, public work, 55
86	92		mass transit, rail station, parking garage, rail track or airport; 56
87	93		(B) Services, including, but not limited to, consultant and professional 57
88	94		services; 58
89	95		(C) The acquisition or disposition of personal property; 59
90	96		(D) The provision of goods and services, including, but not limited 60
91	97		to, the use of purchase of services contracts and personal service 61
92	98		agreements; 62
93	99		(E) The provision of information technology, state agency 63
94	100		information system or telecommunication system facilities, equipment 64
95	101		or services; 65
96	102		(F) A lease; or 66
97	103		(G) A licensing agreement; 67
98	104		"Contract" [or "state contract"] does not include a contract between a 68
99	105		state agency or a quasi-public agency and a political subdivision of the 69
100	106		state; 70
101		-	(9) "Term contract" means the agreement reached when the [state] 71
102		-	contracting agency accepts a bid or proposal to furnish supplies, 72
103		-	materials, equipment or contractual services at a stated price for a 73
104		-	specific period of time in response to an invitation to bid; 74 Substitute Bill No. 473
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	107	+	(9) "Term contract" means the agreement reached when the state, a 71
	108	+	quasi-public agency or a municipality accepts a bid or proposal to 72 Raised Bill No. 473
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	114	+	furnish supplies, materials, equipment or contractual services at a stated 73
	115	+	price for a specific period of time in response to an invitation to bid; 74
111	116		(10) "Contract risk assessment" means (A) the identification and 75
112	117		evaluation of loss exposures and risks, including, but not limited to, 76
113	118		business and legal risks associated with the contracting process and the 77
114	119		contracted goods and services, and (B) the identification, evaluation and 78
115	120		implementation of measures available to minimize potential loss 79
116	121		exposures and risks; 80
117	122		(11) "Contractor" means any business that is awarded, or is a 81
118	123		subcontractor under, a contract or an amendment to a contract with a 82
119	124		[state] contracting agency under statutes and regulations concerning 83
120	125		procurement, including, but not limited to, a small contractor, minority 84
121	126		business enterprise, an individual with a disability, as defined in section 85
122	127		4a-60, or an organization providing products and services by persons 86
123	128		with disabilities; 87
124	129		(12) "Contractual services" means the furnishing of labor by a 88
125	130		contractor, not involving the delivery of a specific end product other 89
126	131		than reports, which are merely incidental to the required performance 90
127	132		and includes any and all laundry and cleaning service, pest control 91
128	133		service, janitorial service, security service, the rental and repair, or 92
129	134		maintenance, of equipment, machinery and other [state-owned] 93
130	135		personal property owned by a contracting agency, advertising and 94
131	136		photostating, mimeographing, human services and other service 95
132	137		arrangements where the services are provided by persons other than 96
133		-	state employees or quasi-public agency employees. "Contractual 97
134		-	services" includes the design, development and implementation of 98
135		-	technology, communications or telecommunications systems or the 99
136		-	infrastructure pertaining thereto, including hardware and software and 100
137		-	services for which a contractor is conferred a benefit by the [state] 101
138		-	contracting agency, whether or not compensated by the [state] 102
139		-	contracting agency. "Contractual services" does not include 103
140		-	employment agreements or collective bargaining agreements; 104
141		-	(13) "Data" means recorded information, regardless of form or 105
142		-	characteristic; 106 Substitute Bill No. 473
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149		-	(14) "Vote of two-thirds of the members of the board present and 107
150		-	voting" means a vote by the State Contracting Standards Board that is 108
151		-	agreed upon by two-thirds of the members of the State Contracting 109
152		-	Standards Board present and voting for a particular purpose and that 110
153		-	includes the vote of one member of the board appointed by a legislative 111
154		-	leader; 112
155		-	(15) "Electronic" means electrical, digital, magnetic, optical, 113
156		-	electromagnetic, or any other similar technology; 114
157		-	(16) "Emergency procurement" means procurement by a [state] 115
158		-	contracting agency, [quasi-public agency, as defined in section 1-120,] 116
159		-	judicial department or constituent unit of higher education that is made 117
160		-	necessary by a sudden, unexpected occurrence that poses a clear and 118
161		-	imminent danger to public safety or requires immediate action to 119
162		-	prevent or mitigate the loss or impairment of life, health, property or 120
163		-	essential public services or in response to a court order, settlement 121
164		-	agreement or other similar legal judgment; 122
165		-	(17) "Equipment" means personal property of a durable nature that 123
166		-	retains its identity throughout its useful life; 124
167		-	(18) "Materials" means items required to perform a function or used 125
168		-	in a manufacturing process, particularly those incorporated into an end 126
169		-	product or consumed in its manufacture; 127
170		-	(19) "Nonprofit agency" means any organization that is not a for-128
171		-	profit business under Section 501(c)(3) of the Internal Revenue Code of 129
172		-	1986, or any subsequent corresponding internal revenue code of the 130
173		-	United States, as amended from time to time, [amended,] makes no 131
174		-	distribution to its members, directors or officers and provides services 132
175		-	contracted for by (A) the state or a quasi-public agency, or (B) a nonstate 133
176		-	entity; 134
177		-	(20) "Professional services" means any type of service to the public 135
178		-	that requires that members of a profession rendering such service obtain 136
179		-	a license or other legal authorization as a condition precedent to the 137 Substitute Bill No. 473
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185		-
186		-	rendition thereof, including, but not limited to, the professional services 138
187		-	of architects, professional engineers, or jointly by architects and 139
188		-	professional engineers, landscape architects, certified public 140
189		-	accountants and public accountants, land surveyors, attorneys-at-law, 141
190		-	psychologists, licensed marital and family therapists, licensed 142
191		-	professional counselors and licensed clinical social workers as well as 143
192		-	such other professional services described in section 33-182a; 144
193		-	(21) "Privatization contract" means an agreement or series of 145
194		-	agreements between a [state] contracting agency and a person or entity 146
195		-	in which such person or entity agrees to provide services that are 147
196		-	substantially similar to and in lieu of services provided, in whole or in 148
197		-	part, by state or quasi-public agency employees, other than contracts 149
198		-	with a nonprofit agency, which are in effect as of January 1, 2009, and 150
199		-	which through a renewal, modification, extension or rebidding of 151
200		-	contracts continue to be provided by a nonprofit agency; 152
201		-	(22) "Procurement" means contracting for, buying, purchasing, 153
202		-	renting, leasing or otherwise acquiring or disposing of, any supplies, 154
203		-	services, including, but not limited to, contracts for purchase of services 155
204		-	and personal service agreements, interest in real property, or 156
205		-	construction, and includes all government functions that relate to such 157
206		-	activities, including best value selection and qualification based 158
207		-	selection; 159
208		-	(23) "Proposer" means a business submitting a proposal to a [state] 160
209		-	contracting agency in response to a request for proposals or other 161
210		-	competitive sealed proposal; 162
211		-	(24) "Public record" means a public record, as defined in section 1-163
212		-	200; 164
213		-	(25) "Qualification based selection" means a contract selection process 165
214		-	in which the award of a contract is primarily based on an assessment of 166
215		-	contractor qualifications and on the negotiation of a fair and reasonable 167
216		-	price; 168 Substitute Bill No. 473
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223		-	(26) "Regulation" means regulation, as defined in section 4-166; 169
224		-	(27) "Request for proposals" means all documents, whether attached 170
225		-	or incorporated by reference, utilized for soliciting proposals; 171
226		-	(28) ["State contracting agency"] "Contracting agency" means any 172
227		-	executive branch agency, board, commission, department, office, 173
228		-	institution, [or] council or quasi-public agency. "State contracting 174
229		-	agency" does not include the judicial branch, the legislative branch, the 175
230		-	offices of the Secretary of the State, the State Comptroller, the Attorney 176
231		-	General, the State Treasurer, with respect to their constitutional 177
232		-	functions [,] or any state agency with respect to contracts specific to the 178
233		-	constitutional and statutory functions of the office of the State Treasurer. 179
234		-	For the purposes of section 4e-16, ["state contracting agency"] as 180
235		-	amended by this act, "contracting agency" includes any constituent unit 181
236		-	of the state system of higher education; [and for the purposes of section 182
237		-	4e-19, "state contracting agency" includes the State Education Resource 183
238		-	Center, established under section 10-4q;] 184
239		-	(29) "Subcontractor" means a subcontractor of a contractor for work 185
240		-	under a contract or an amendment to a contract; 186
241		-	(30) "Supplies" means any and all articles of personal property, 187
242		-	including, but not limited to, equipment, materials, printing, insurance 188
243		-	and leases of real property, excluding land or a permanent interest in 189
244		-	land furnished to or used by any [state] contracting agency; 190
245		-	(31) "Infrastructure facility" means a building, structure or network 191
246		-	of buildings, structures, pipes, controls and equipment that provide 192
247		-	transportation, utilities, public education or public safety services. 193
248		-	[Infrastructure facility] "Infrastructure facility" includes government 194
249		-	office buildings, public schools, jails, water treatment plants, 195
250		-	distribution systems and pumping stations, wastewater treatment 196
251		-	plants, collections systems and pumping stations, solid waste disposal 197
252		-	plants, incinerators, landfills, and related facilities, public roads and 198
253		-	streets, highways, public parking facilities, public transportation 199 Substitute Bill No. 473
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260		-	systems, terminals and rolling stock, rail, air and water port structures, 200
261		-	terminals and equipment; [and] 201
262		-	(32) "State employee" means state employee, as defined in section 5-202
263		-	154 and, for purposes of section 4e-16, [state employee] as amended by 203
264		-	this act, "state employee" includes an employee of any [state] contracting 204
265		-	agency [.] that is not a quasi-public agency; and 205
266		-	(33) "Quasi-public agency" has the same meaning as provided in 206
267		-	section 1-120. 207
268		-	Sec. 4. Subsections (g) and (h) of section 4e-2 of the general statutes 208
269		-	are repealed and the following is substituted in lieu thereof (Effective July 209
270		-	1, 2022): 210
271		-	(g) The board shall appoint a Chief Procurement Officer for a term 211
272		-	not to exceed six years, unless reappointed pursuant to the provisions 212
273		-	of this subsection. The Chief Procurement Officer shall report to the 213
274		-	board and annually be evaluated by, and serve at the pleasure of, the 214
275		-	board. For administrative purposes only, the Chief Procurement Officer 215
276		-	shall be supervised by the executive director. 216
277		-	(1) The Chief Procurement Officer shall be responsible for carrying 217
278		-	out the policies of the board relating to procurement including, but not 218
279		-	limited to, oversight, investigation, auditing, agency procurement 219
280		-	certification and procurement and project management training and 220
281		-	enforcement of [said] such policies as well as the application of such 221
282		-	policies to the screening and evaluation of current and prospective 222
283		-	contractors. The Chief Procurement Officer may enter into such 223
284		-	contractual agreements as may be necessary for the discharge of the 224
285		-	duties as set forth in this subsection and by the board, including, but not 225
286		-	limited to, recommending best practices and providing operational and 226
287		-	administrative assistance to [state] contracting agencies determined, by 227
288		-	the board, to be in violation of sections 4e-16 to 4e-47, inclusive, as 228
289		-	amended by this act. 229
290		-	(2) In addition to the duties set forth by the board, the Chief 230 Substitute Bill No. 473
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297		-	Procurement Officer shall (A) oversee [state] contracting agency 231
298		-	compliance with the provisions of statutes and regulations concerning 232
299		-	procurement; (B) monitor and assess the performance of the 233
300		-	procurement duties of each agency procurement officer; (C) administer 234
301		-	the certification system and monitor the level of agency compliance with 235
302		-	the requirements of statutes and regulations concerning procurement, 236
303		-	including, but not limited to, the education and training, performance 237
304		-	and qualifications of agency procurement officers; (D) review and 238
305		-	monitor the procurement processes of each [state] contracting agency, 239
306		-	[quasi-public agencies and] including institutions of higher education; 240
307		-	and (E) serve as chairperson of the Contracting Standards Advisory 241
308		-	Council and an ex-officio member of the Vendor and Citizen Advisory 242
309		-	Panel. 243
310		-	(h) The board may contract with consultants and professionals on a 244
311		-	temporary or project by project basis and [may] shall employ, subject to 245
312		-	the provisions of chapter 67, [such] not less than five full-time 246
313		-	employees and may employ such additional employees as may be 247
314		-	necessary to carry out the provisions of this section. 248
315		-	Sec. 5. Section 4e-3 of the general statutes is repealed and the 249
316		-	following is substituted in lieu thereof (Effective July 1, 2022): 250
317		-	(a) All rights, powers, duties and authority relating to the 251
318		-	procurement policies of the state, vested in, or exercised by, any [state] 252
319		-	contracting agency may also be exercised by the board, provided such 253
320		-	rights, powers, duties and authority may be exercised by the board as 254
321		-	provided in this section and sections 4e-4 to 4e-47, inclusive, as amended 255
322		-	by this act, and absent any affirmative action by the board, pursuant to 256
323		-	said sections, shall not be deemed to limit or restrict the exercise of such 257
324		-	rights, powers, duties and authority by any such [state] contracting 258
325		-	agency. Such rights, powers, duties and authority shall include the 259
326		-	following: 260
327		-	(1) Acquisition of supplies, services, and construction, and the 261
328		-	management, control, warehousing, sale, and disposal of supplies, 262 Substitute Bill No. 473
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334		-
335		-	services, and construction; 263
336		-	(2) Any state or quasi-public agency contracting and procurement 264
337		-	processes, including, but not limited to, leasing and property transfers, 265
338		-	purchasing or leasing of supplies, materials or equipment, consultant or 266
339		-	consultant services, purchase of service agreements or privatization 267
340		-	contracts; and 268
341		-	(3) Contracts for the construction, reconstruction, alteration, 269
342		-	remodeling, repair or demolition of any public building. 270
343		-	(b) Notwithstanding any provision of chapter 14, upon request by the 271
344		-	board, each [state] contracting agency, including institutions of higher 272
345		-	education, shall provide the board, in a timely manner, with such 273
346		-	procurement information as the board deems necessary. The board shall 274
347		-	have access to all information, files and records related to any [state] 275
348		-	contracting agency in furtherance of the board's duties, as described in 276
349		-	this section and sections 4e-4 to 4e-47, inclusive, as amended by this act. 277
350		-	Nothing in this section shall be construed to require the board's 278
351		-	disclosure of documents that are exempt from disclosure pursuant to 279
352		-	chapter 14. 280
353		-	Sec. 6. Section 4e-4 of the general statutes is repealed and the 281
354		-	following is substituted in lieu thereof (Effective July 1, 2022): 282
355		-	Except as otherwise provided in the general statutes, the board shall 283
356		-	have the following authority and responsibilities with respect to 284
357		-	procurements by [state] contracting agencies: 285
358		-	[(a)] (1) Recommend the repeal of repetitive, conflicting or obsolete 286
359		-	statutes concerning [state] procurement; 287
360		-	[(b)] (2) Review and make recommendations concerning proposed 288
361		-	legislation and regulations concerning procurement, management, 289
362		-	control, and disposal of any and all supplies, services, and construction 290
363		-	to be procured by [the state] contracting agencies, including, but not 291
364		-	limited to: 292 Substitute Bill No. 473
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371		-	[(1)] (A) Conditions and procedures for delegation of procurement 293
372		-	authority; 294
373		-	[(2)] (B) Prequalification, suspension, debarment and reinstatement 295
374		-	of prospective bidders and contractors; 296
375		-	[(3)] (C) Small purchase procedures; 297
376		-	[(4)] (D) Conditions and procedures for the procurement of 298
377		-	perishables and items for resale; 299
378		-	[(5)] (E) Conditions and procedures for the use of source selection 300
379		-	methods authorized by statutes and regulations concerning 301
380		-	procurement; 302
381		-	[(6)] (F) Conditions and procedures for the use of emergency 303
382		-	procurements; 304
383		-	[(7)] (G) Conditions and procedures for the selection of contractors by 305
384		-	processes or methods that restrict full and open competition; 306
385		-	[(8)] (H) The opening or rejection of bids and offers, and waiver of 307
386		-	errors in bids and offers; 308
387		-	[(9)] (I) Confidentiality of technical data and trade secrets submitted 309
388		-	by actual or prospective bidders; 310
389		-	[(10)] (J) Partial, progressive and multiple awards; 311
390		-	[(11)] (K) Supervision of storerooms and inventories, including 312
391		-	determination of appropriate stock levels and the management, 313
392		-	transfer, sale or other disposal of publicly-owned supplies; 314
393		-	[(12)] (L) Definitions and classes of contractual services and 315
394		-	procedures for acquiring such services; 316
395		-	[(13)] (M) Regulations providing for conducting cost and price 317
396		-	analysis; 318 Substitute Bill No. 473
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403		-	[(14)] (N) Use of payment and performance bonds; 319
404		-	[(15)] (O) Guidelines for use of cost principles in negotiations, 320
405		-	adjustments and settlements; and 321
406		-	[(16)] (P) Identification of procurement best practices; 322
407		-	[(c)] (3) Adopt regulations, pursuant to chapter 54, to carry out the 323
408		-	provisions of statutes concerning procurement, in order to facilitate 324
409		-	consistent application of the law and require the implementation of 325
410		-	procurement best practices; 326
411		-	[(d)] (4) Make recommendations with regard to information systems 327
412		-	for state procurement including, but not limited to, data element and 328
413		-	design and the State Contracting Portal; 329
414		-	[(e)] (5) Develop a guide to state statutes and regulations concerning 330
415		-	procurement, for use by all [state] contracting agencies; 331
416		-	[(f)] (6) Assist [state] contracting agencies in complying with the 332
417		-	statutes and regulations concerning procurement by providing 333
418		-	guidance, models, advice and practical assistance to [state] contracting 334
419		-	agency staff relating to: [(1)] (A) Buying the best service at the best price, 335
420		-	[(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 336
421		-	that achieve state goals of accountability, transparency and results 337
422		-	based outcomes and to protect taxpayers' interest; 338
423		-	[(g)] (7) Train and oversee the agency procurement officer of each 339
424		-	[state] contracting agency and any contracting officers thereunder; 340
425		-	[(h)] (8) Review and certify, on or after January 1, 2009, that a [state] 341
426		-	contracting agency's procurement processes are in compliance with 342
427		-	statutes and regulations concerning procurement by: 343
428		-	[(1)] (A) Establishing procurement and project management 344
429		-	education and training criteria and certification procedures for agency 345
430		-	procurement officers and contracting officers. All agency procurement 346 Substitute Bill No. 473
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436		-
437		-	officers and contracting officers designated under this provision shall be 347
438		-	required to maintain the certification in good standing at all times while 348
439		-	performing procurement functions; 349
440		-	[(2)] (B) Approving an ethics training course, in consultation with the 350
441		-	Office of State Ethics, including, but not limited to, state employees and 351
442		-	quasi-public agency employees involved in procurement and for state 352
443		-	contractors and substantial subcontractors who are prequalified 353
444		-	pursuant to chapter 58a. Such ethics training course may be developed 354
445		-	and provided by the Office of State Ethics or by any person, firm or 355
446		-	corporation provided such course is approved by the State Contracting 356
447		-	Standards Board; 357
448		-	[(i)] (9) Recertify each [state] contracting agency's procurement 358
449		-	processes, triennially, and provide agencies with notice of any 359
450		-	certification deficiency and exercise those powers authorized by section 360
451		-	4e-34, as amended by this act, 4e-39, as amended by this act, or 4e-40, as 361
452		-	amended by this act, as applicable, if a determination of noncompliance 362
453		-	is made; 363
454		-	[(j)] (10) Define the contract data reporting requirements to the board 364
455		-	for [state] contracting agencies concerning information on: [(1)] (A) The 365
456		-	number and type of [state] contracts of each [state] contracting agency 366
457		-	currently in effect state-wide; [(2)] (B) the term and dollar value of such 367
458		-	contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description of 368
459		-	services purchased under such contracts; [(5)] (E) contractor names; [(6)] 369
460		-	(F) an evaluation of contractor performance, including, but not limited 370
461		-	to records pertaining to the suspension or disqualification of 371
462		-	contractors, and assuring such information is available on the State 372
463		-	Contracting Portal; and [(7)] (G) a list of contracts and contractors 373
464		-	awarded without full and open competition stating the reasons for and 374
465		-	identifying the approving authority; and 375
466		-	[(k)] (11) Provide the Governor and the joint standing committee of 376
467		-	the General Assembly having cognizance of matters relating to 377
468		-	government administration with recommendations concerning the 378 Substitute Bill No. 473
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474		-
475		-	statutes and regulations concerning procurement. 379
476		-	Sec. 7. Subsections (a) to (c), inclusive, of section 4e-5 of the general 380
477		-	statutes are repealed and the following is substituted in lieu thereof 381
478		-	(Effective July 1, 2022): 382
479		-	(a) (1) The head of each [state] contracting agency shall appoint an 383
480		-	agency procurement officer. Such officer shall serve as the liaison 384
481		-	between the agency and the Chief Procurement Officer on all matters 385
482		-	relating to the agency's procurement activity, including, but not limited 386
483		-	to, implementation and compliance with the provisions of statutes and 387
484		-	regulations concerning procurement and any policies or regulations 388
485		-	adopted by the board, coordination of the training and education of 389
486		-	agency procurement employees and any person serving on the 390
487		-	Contracting Standards Advisory Council; 391
488		-	(2) The agency procurement officer shall be responsible for (A) 392
489		-	ensuring that any invitation to bid, request for proposals or any other 393
490		-	solicitation for goods and service issued on or after July 1, 2022, contains 394
491		-	a notice of the rights of prospective bidders, proposers or prospective 395
492		-	contractors under sections 4e-36, 4e-39, as amended by this act, and 4e 396
493		-	40, as amended by this act, (B) assuring that contractors are properly 397
494		-	screened prior to the award of a contract, (C) ensuring contractors are 398
495		-	advised of their rights under sections 4e-36, 4e-39, as amended by this 399
496		-	act, and 4e-40, as amended by this act, prior to entering into a contract 400
497		-	on or after July 1, 2022, (D) ensuring that upon the award of such a 401
498		-	contract that unsuccessful bidders, proposers or respondents are 402
499		-	advised of their rights under sections 4e-36, 4e-39, as amended by this 403
500		-	act, and 4e-40, as amended by this act, (E) evaluating contractor 404
501		-	performance during and at the conclusion of a contract, (F) submitting 405
502		-	written evaluations to a central data repository to be designated by the 406
503		-	board, and (G) creating a project management plan for the agency with 407
504		-	annual reports to the board pertaining to procurement projects within 408
505		-	the agency. 409
506		-	(b) The State Contracting Standards Board, with the advice and 410 Substitute Bill No. 473
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512		-
513		-	assistance of the Commissioner of Administrative Services, shall 411
514		-	develop a standardized state procurement and project management 412
515		-	education and training program. Such education and training program 413
516		-	shall develop education, training and professional development 414
517		-	opportunities for employees of [state] contracting agencies charged with 415
518		-	procurement responsibilities. The education and training program shall 416
519		-	educate such employees in general business acumen and on proper 417
520		-	purchasing procedures as established in statutes and regulations 418
521		-	concerning procurement with an emphasis on ethics, fairness, 419
522		-	consistency and project management. Participation in the education and 420
523		-	training program shall be required of any supervisory and 421
524		-	nonsupervisory [state] employees in [state] contracting agencies with 422
525		-	responsibility for buying, purchasing, renting, leasing or otherwise 423
526		-	acquiring any supplies, service or construction, including the 424
527		-	preparation of the description of requirements, selection and solicitation 425
528		-	of sources, preparation and award of contracts and all phases of contract 426
529		-	administration. 427
530		-	(c) The state procurement and project management education and 428
531		-	training program shall include, but shall not be limited to (1) training 429
532		-	and education concerning federal, state and municipal procurement 430
533		-	processes, including the statutes and regulations concerning 431
534		-	procurement; (2) training and education courses developed in 432
535		-	cooperation with the Office of State Ethics, the Freedom of Information 433
536		-	Commission, the State Elections Enforcement Commission, the 434
537		-	Commission on Human Rights and Opportunities, the office of the 435
538		-	Attorney General and any other state agency the board determines is 436
539		-	necessary in carrying out statutes and regulations concerning 437
540		-	procurement; (3) providing technical assistance to [state] contracting 438
541		-	agencies and municipalities for implementing statutes and regulations 439
542		-	concerning procurement, regulations, policies and standards developed 440
543		-	by the board; (4) training to current and prospective contractors and 441
544		-	vendors and others seeking to do business with [the state] a contracting 442
545		-	agency; and (5) training and education of [state] contracting agency 443
546		-	employees in the area of best procurement practices in [state] 444 Substitute Bill No. 473
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552		-
553		-	purchasing with the goal of achieving the level of acumen necessary to 445
554		-	achieve the objectives of statutes and regulations concerning 446
555		-	procurement. 447
556		-	Sec. 8. Section 4e-6 of the general statutes is repealed and the 448
557		-	following is substituted in lieu thereof (Effective July 1, 2022): 449
558		-	(a) The board shall conduct audits of [state] contracting agencies, 450
559		-	triennially, to ensure compliance with statutes and regulations 451
560		-	concerning procurement. In conducting each such audit, the board shall 452
561		-	have access to all contracting and procurement records, may interview 453
562		-	any and all personnel responsible for contracting, contract negotiations 454
563		-	or procurement and may enter into an agreement with the Auditors of 455
564		-	Public Accounts to effectuate such audit. 456
565		-	(b) Upon completion of any such audit, the board shall prepare and 457
566		-	issue a compliance report for the [state] contracting agency. Such report 458
567		-	shall identify any process or procedure that is inconsistent with statutes 459
568		-	and regulations concerning procurement and indicate those corrective 460
569		-	measures the board deems necessary to comply with statutes and 461
570		-	regulations concerning procurement requirements. Such report shall be 462
571		-	issued and delivered to the [state] contracting agency not later than 463
572		-	thirty days after completion of such audit and shall be a public record. 464
573		-	The [state] contracting agency may provide a written response to the 465
574		-	board concerning such report not later than sixty days after receipt of 466
575		-	such report and any such response shall be a public record. After 467
576		-	receiving such response or after such sixty-day period has elapsed with 468
577		-	no response, whichever is earlier, the board may submit such report and 469
578		-	the response, if applicable, in accordance with the provisions of section 470
579		-	11-4a, to the joint standing committees of the General Assembly having 471
580		-	cognizance of matters relating to the [state] contracting agency that is 472
581		-	the subject of such report, appropriations and the budgets of state 473
582		-	agencies and government administration. 474
583		-	Sec. 9. Section 4e-7 of the general statutes is repealed and the 475
584		-	following is substituted in lieu thereof (Effective July 1, 2022): 476 Substitute Bill No. 473
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590		-
591		-	(a) For cause, the State Contracting Standards Board may review, 477
592		-	terminate or recommend to a [state] contracting agency the termination 478
593		-	of any contract or procurement agreement undertaken by any [state] 479
594		-	contracting agency after providing fifteen days' notice to the [state] 480
595		-	contracting agency and the applicable contractor, and consulting with 481
596		-	the Attorney General. Such termination of a contract or procurement 482
597		-	agreement by the board may occur only after (1) the board has consulted 483
598		-	with the contracting agency to determine the impact of an immediate 484
599		-	termination of the contract, (2) a determination has been made jointly 485
600		-	by the board and the contracting agency that an immediate termination 486
601		-	of the contract will not create imminent peril to the public health, safety 487
602		-	or welfare, (3) a vote of two-thirds of the members of the board present 488
603		-	and voting for that purpose, and (4) the board has provided the [state] 489
604		-	contracting agency and the contractor with opportunity for a hearing 490
605		-	conducted pursuant to the provisions of chapter 54. Such action shall be 491
606		-	accompanied by notice to the [state] contracting agency and any other 492
607		-	affected party. For the purpose of this section, "for cause" means: (A) A 493
608		-	violation of section 1-84 or 1-86e, as determined by the Citizen's Ethics 494
609		-	Advisory Board; (B) wanton or reckless disregard of any state or quasi-495
610		-	public contracting and procurement process by any person substantially 496
611		-	involved in such contract or [state] contracting agency; or (C) 497
612		-	notification from the Attorney General to the [state] contracting agency 498
613		-	that an investigation pursuant to section 4-61dd has concluded that the 499
614		-	process by which such contract was awarded was compromised by 500
615		-	fraud, collusion or any other criminal violation. Nothing in this section 501
616		-	shall be construed to limit the authority of the board as described in 502
617		-	section 4e-6, as amended by this act. 503
618		-	(b) Following consultation with the [state] contracting agency and 504
619		-	upon providing fifteen days' notice and the opportunity for a hearing, 505
620		-	the State Contracting Standards Board may restrict or terminate the 506
621		-	authority of any [state] contracting agency to enter into any contract or 507
622		-	procurement agreement if: (1) The board, upon a vote of two-thirds of 508
623		-	the members of the board present and voting for such purpose, 509
624		-	determines that such [state] contracting agency failed to comply with 510 Substitute Bill No. 473
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630		-
631		-	statutory contracting and procurement requirements and evidenced a 511
632		-	reckless disregard for applicable procedures and policy; and (2) such 512
633		-	limitation, restriction or termination of authority is in the state's best 513
634		-	interest, provided the board has made arrangements for the exercise of 514
635		-	the contracting power of such agency during the period of limitation, 515
636		-	restriction or termination. Such limitation, restriction or termination of 516
637		-	authority shall remain in effect until such time as the board determines 517
638		-	that such [state] contracting agency has implemented corrective 518
639		-	measures and demonstrated compliance with statutes and regulations 519
640		-	concerning procurement. 520
641		-	(c) Following consultation with the [state] contracting agency, and 521
642		-	thereafter upon providing fifteen days' notice and the opportunity for a 522
643		-	hearing, the State Contracting Standards Board may order a [state] 523
644		-	contracting agency to take appropriate action to restrict or terminate the 524
645		-	authority of an employee or agent to enter into any contract or 525
646		-	procurement agreement if the board, upon a vote of two-thirds of the 526
647		-	members of the board present and voting for such purpose, determines 527
648		-	that such employee or agent failed to comply with statutory contracting 528
649		-	and procurement requirements, and evidenced a reckless disregard for 529
650		-	applicable procedures and policy. Such limitation, restriction or 530
651		-	termination of authority shall remain in effect until such time as the 531
652		-	board determines that such [state] contracting agency has implemented 532
653		-	corrective measures and demonstrated compliance with statutes and 533
654		-	regulations concerning procurement. 534
655		-	Sec. 10. Section 4e-8 of the general statutes is repealed and the 535
656		-	following is substituted in lieu thereof (Effective July 1, 2022): 536
657		-	There is established a Contracting Standards Advisory Council, 537
658		-	which shall consist of representatives from the Office of Policy and 538
659		-	Management, Departments of Administrative Services and 539
660		-	Transportation, [and] representatives of at least three additional 540
661		-	contracting agencies, including at least one human services related state 541
662		-	agency, to be designated by the Governor and at least four additional 542
663		-	contracting agencies that are quasi-public agencies, two of which are 543 Substitute Bill No. 473
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669		-
670		-	appointed by the speaker of the House of Representatives and two of 544
671		-	which are appointed by the president pro tempore of the Senate. The 545
672		-	Chief Procurement Officer shall be a member of the council and serve as 546
673		-	chairperson. The advisory council shall meet at least four times per year 547
674		-	to discuss [state] procurement issues and to make recommendations for 548
675		-	improvement of the procurement processes to the State Contracting 549
676		-	Standards Board. The advisory council may conduct studies, research 550
677		-	and analyses and make reports and recommendations with respect to 551
678		-	subjects or matters within the jurisdiction of the State Contracting 552
679		-	Standards Board. 553
680		-	Sec. 11. Section 4e-10 of the general statutes is repealed and the 554
681		-	following is substituted in lieu thereof (Effective July 1, 2022): 555
682		-	(a) On or before July 1, 2010, the board shall submit to the Governor 556
683		-	and the General Assembly such legislation as is necessary to permit 557
684		-	[state] contracting agencies, not including [quasi-publics] quasi-public 558
685		-	agencies, institutions of higher education, and municipal procurement 559
686		-	processes utilizing state funds, to carry out their functions under 560
687		-	statutes and regulations concerning procurement. 561
688		-	(b) On or before July 1, 2011, the board shall submit to the Governor 562
689		-	and the General Assembly such legislation as is necessary to apply the 563
690		-	provisions of statutes concerning procurement to constituent units of 564
691		-	the state system of higher education. Concomitantly, the board shall 565
692		-	submit such additional legislation as is necessary to apply the 566
693		-	provisions of statutes and regulations concerning privatization and 567
694		-	procurement to quasi-public agencies. 568
695		-	(c) On or before July 1, 2012, the board shall submit to the Governor 569
696		-	and the General Assembly such legislation as is necessary to apply the 570
697		-	provisions of statutes and regulations concerning procurement to the 571
698		-	municipal procurement processes utilizing state funds. 572
699		-	Sec. 12. Section 4e-14 of the general statutes is repealed and the 573
700		-	following is substituted in lieu thereof (Effective July 1, 2022): 574 Substitute Bill No. 473
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706		-
707		-	On and after June 1, 2010, all [state] contracts of each [state] 575
708		-	contracting agency of the state, as defined in section 4e-35, as amended 576
709		-	by this act, that take effect on or after June 1, 2010, shall contain 577
710		-	provisions to ensure accountability, transparency and results based 578
711		-	outcomes, as prescribed by the State Contracting Standards Board and 579
712		-	on or after July 1, 2022, all contracts of each contracting agency that is a 580
713		-	quasi-public agency that take effect on or after July 1, 2022, shall contain 581
714		-	such provisions. On and after June 1, 2010, all [state] contracts of the 582
715		-	legislative branch and the judicial branch that take effect on or after June 583
716		-	1, 2010, shall contain provisions to ensure accountability, transparency 584
717		-	and results based outcomes. 585
718		-	Sec. 13. Section 4e-16 of the general statutes is repealed and the 586
719		-	following is substituted in lieu thereof (Effective July 1, 2022): 587
720		-	(a) Prior to entering into any privatization contract for the 588
721		-	privatization of a state service that is not currently privatized, the [state] 589
722		-	contracting agency shall develop a cost-benefit analysis in accordance 590
723		-	with the provisions of subsection (b) of this section. Such requirement 591
724		-	shall not apply to a privatization contract for a service currently 592
725		-	provided, in whole or in part, by a non-state entity. Any affected party 593
726		-	may petition the State Contracting Standards Board for review of such 594
727		-	privatization contract, in accordance with the provisions of subsections 595
728		-	(f) to (h), inclusive, of this section. 596
729		-	(b) The cost-benefit analysis conducted by a [state] contracting 597
730		-	agency prior to entering into a privatization contract shall document the 598
731		-	direct and indirect costs, savings, and qualitative and quantitative 599
732		-	benefits, that will result from the implementation of such privatization 600
733		-	contract. Such cost-benefit analysis shall specify the schedule that, at a 601
734		-	minimum, shall be adhered to in order to achieve any estimated savings. 602
735		-	Any cost factor shall be clearly identified in such cost-benefit analysis 603
736		-	and supported by all applicable records and reports. The department 604
737		-	head of such [state] contracting agency shall certify that, based on the 605
738		-	data and information, all projected costs, savings and benefits are valid 606
739		-	and achievable. As used in this subsection, (1) "costs" means all 607 Substitute Bill No. 473
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745		-
746		-	reasonable, relevant and verifiable expenses, including salary, 608
747		-	materials, supplies, services, equipment, capital depreciation, rent, 609
748		-	maintenance, repairs, utilities, insurance, travel, overhead, interim and 610
749		-	final payments and the normal cost of fringe benefits, as calculated by 611
750		-	the Comptroller; (2) "normal cost of fringe benefits" means the amount 612
751		-	of contributions required to fund the fringe benefits allocated to the 613
752		-	current year of service; and (3) "savings" means the difference between 614
753		-	the current annual direct and indirect costs of providing such service 615
754		-	and the projected, annual direct and indirect costs of contracting to 616
755		-	provide such services in any succeeding state fiscal year during the term 617
756		-	of such proposed privatization contract. 618
757		-	(c) (1) If such cost-benefit analysis identifies a cost savings to the state 619
758		-	or the quasi-public agency of ten per cent or more, and such 620
759		-	privatization contract will not diminish the quality of such service, the 621
760		-	[state] contracting agency shall develop a business case, in accordance 622
761		-	with the provisions of subsection (d) of this section, in order to evaluate 623
762		-	the feasibility of entering into any such contract and to identify the 624
763		-	potential results, effectiveness and efficiency of such contract. 625
764		-	(2) If such cost-benefit analysis identifies a cost savings of less than 626
765		-	ten per cent to the state or the quasi-public agency and such 627
766		-	privatization contract will not diminish the quality of such service, the 628
767		-	[state] contracting agency may develop a business case, in accordance 629
768		-	with the provisions of subsection (d) of this section, in order to evaluate 630
769		-	the feasibility of entering into any such contract and to identify the 631
770		-	potential results, effectiveness and efficiency of such contract, provided 632
771		-	there is a significant public policy reason to enter into such privatization 633
772		-	contract. Any such business case shall be approved in accordance with 634
773		-	the provisions of subdivision (4) of subsection (h) of this section. 635
774		-	(3) If any such proposed privatization contract would result in the 636
775		-	layoff, transfer or reassignment of one hundred or more [state] 637
776		-	contracting agency employees, after consulting with the potentially 638
777		-	affected bargaining units, if any, the [state] contracting agency shall 639
778		-	notify the state employees or quasi-public agency employees of such 640 Substitute Bill No. 473
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784		-
785		-	bargaining unit, as applicable, after such cost-benefit analysis is 641
786		-	completed. Such [state] contracting agency shall provide an opportunity 642
787		-	for [said] such employees to reduce the costs of conducting the 643
788		-	operations to be privatized and provide reasonable resources for the 644
789		-	purpose of encouraging and assisting such [state] employees to organize 645
790		-	and submit a bid to provide the services that are the subject of the 646
791		-	potential privatization contract. The [state] contracting agency shall 647
792		-	retain sole discretion in determining whether to proceed with the 648
793		-	privatization contract, provided the business case for such contract is 649
794		-	approved by the board. 650
795		-	(d) Any business case developed by a [state] contracting agency for 651
796		-	the purpose of complying with subsection (c) of this section shall 652
797		-	include: (1) The cost-benefit analysis as described in subsection (b) of 653
798		-	this section, (2) a detailed description of the service or activity that is the 654
799		-	subject of such business case, (3) a description and analysis of [the state] 655
800		-	such contracting agency's current performance of such service or 656
801		-	activity, (4) the goals to be achieved through the proposed privatization 657
802		-	contract and the rationale for such goals, (5) a description of available 658
803		-	options for achieving such goals, (6) an analysis of the advantages and 659
804		-	disadvantages of each option, including, at a minimum, potential 660
805		-	performance improvements and risks attendant to termination of the 661
806		-	contract or rescission of such contract, (7) an analysis of the potential 662
807		-	impact of the proposed privatization contract on workers of color and 663
808		-	workers who are women, including whether such privatization contract 664
809		-	will lessen or increase historical patterns that produce inequities 665
810		-	between such workers and other workers, (8) a description of the 666
811		-	current market for the services or activities that are the subject of such 667
812		-	business case, [(8)] (9) an analysis of the quality of services as gauged by 668
813		-	standardized measures and key performance requirements including 669
814		-	compensation, turnover, and staffing ratios, [(9)] (10) a description of 670
815		-	the specific results-based performance standards that shall, at a 671
816		-	minimum be met, to ensure adequate performance by any party 672
817		-	performing such service or activity, [(10)] (11) the projected time frame 673
818		-	for key events from the beginning of the procurement process through 674 Substitute Bill No. 473
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824		-
825		-	the expiration of a contract, if applicable, [(11)] (12) a specific and 675
826		-	feasible contingency plan that addresses contractor nonperformance 676
827		-	and a description of the tasks involved in and costs required for 677
828		-	implementation of such plan, and [(12)] (13) a transition plan, if 678
829		-	appropriate, for addressing changes in the number of agency personnel, 679
830		-	affected business processes, employee transition issues, and 680
831		-	communications with affected stakeholders, such as agency clients and 681
832		-	members of the public, if applicable. Such transition plan shall contain 682
833		-	a reemployment and retraining assistance plan for employees who are 683
834		-	not retained by the state or a quasi-public agency or employed by the 684
835		-	contractor. If the primary purpose of the proposed privatization 685
836		-	contract is to provide a core governmental function, such business case 686
837		-	shall also include information sufficient to rebut the presumption that 687
838		-	such core governmental function should not be privatized. Such 688
839		-	presumption shall not be construed to prohibit a [state] contracting 689
840		-	agency from contracting for specialized technical expertise not available 690
841		-	within such contracting agency, provided such contracting agency shall 691
842		-	retain responsibility for such core governmental function. For the 692
843		-	purposes of this section, "core governmental function" means a function 693
844		-	for which the primary purpose is (A) the inspection for adherence to 694
845		-	health and safety standards because public health or safety may be 695
846		-	jeopardized if such inspection is not done or is not done in a timely or 696
847		-	proper manner, (B) the establishment of statutory, regulatory or 697
848		-	contractual standards to which a regulated person, entity or [state] 698
849		-	contractor shall be held, (C) the enforcement of statutory, regulatory or 699
850		-	contractual requirements governing public health or safety, [or] (D) 700
851		-	criminal or civil law enforcement, or (E) the provision of essential 701
852		-	human services to residents of the state who would otherwise lack the 702
853		-	support necessary to assure basic human needs. If any part of such 703
854		-	business case is based upon evidence that the [state] contracting agency 704
855		-	is not sufficiently staffed to provide the core governmental function 705
856		-	required by the privatization contract, the [state] contracting agency 706
857		-	shall also include within such business case a plan for remediation of 707
858		-	the understaffing to allow such services to be provided directly by the 708
859		-	[state] contracting agency in the future. 709 Substitute Bill No. 473
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865		-
866		-	(e) Upon the completion of such business case, the [state] contracting 710
867		-	agency shall submit the business case to the State Contracting Standards 711
868		-	Board. For any privatization contract with a projected cost that exceeds 712
869		-	one hundred fifty million dollars annually or six hundred million 713
870		-	dollars over the life of such contract, the [state] contracting agency shall 714
871		-	also submit such business case to the Governor, the president pro 715
872		-	tempore of the Senate, the speaker of the House of Representatives, and 716
873		-	any collective bargaining unit affected by the proposed privatization 717
874		-	contract. 718
875		-	(f) (1) There shall be a privatization contract committee of the State 719
876		-	Contracting Standards Board that shall review, evaluate, issue advisory 720
877		-	reports and make recommendations on business cases submitted to the 721
878		-	board by any [state] contracting agency. Such privatization contract 722
879		-	committee shall consist of five members of the State Contracting 723
880		-	Standards Board. Such members shall be appointed by the chairperson 724
881		-	of the board and consist of both gubernatorial and legislative 725
882		-	appointments, have not more than three members from any one political 726
883		-	party, and at least one member of such committee shall have expertise 727
884		-	in the area that is the subject of such proposed contract. The chairperson 728
885		-	of the board, or the chairperson's designee, shall serve as the chair of the 729
886		-	privatization contract committee. 730
887		-	(2) Upon receipt of any such business case from a [state] contracting 731
888		-	agency, the State Contracting Standards Board shall immediately refer 732
889		-	such business case to such privatization contract committee. The 733
890		-	privatization contract committee shall employ a standard process for 734
891		-	reviewing, evaluating and approving any such business cases. Such 735
892		-	process shall include due consideration of: (A) The cost-benefit analysis 736
893		-	developed by the [state] contracting agency, (B) the business case 737
894		-	developed by the [state] contracting agency, including any facts, 738
895		-	documents or other materials that are relevant to such business case, (C) 739
896		-	any adverse effect that such privatization contract may have on 740
897		-	minority, small and women-owned businesses that do, or are 741
898		-	attempting to do, business with the state, and (D) the value of having 742 Substitute Bill No. 473
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904		-
905		-	services performed in the state and within the United States. 743
906		-	(3) The privatization committee shall evaluate the business case and 744
907		-	submit the committee's evaluation to the State Contracting Standards 745
908		-	Board for review and approval. During the review or consideration of 746
909		-	any such business case, no member of the board shall engage in any ex-747
910		-	parte communication with any lobbyist, contractor or union 748
911		-	representative. Unless otherwise provided in this section, a majority 749
912		-	vote of the board shall be required to approve any such business case. 750
913		-	(4) The business case for a privatization contract to provide a core 751
914		-	governmental function may be approved by a two-thirds vote of the 752
915		-	board, provided the [state] contracting agency has provided sufficient 753
916		-	evidence to rebut the presumption contained in subsection (d) of this 754
917		-	section and there is a significant policy reason to approve such business 755
918		-	case. In no such case shall the insufficient staffing of a [state] contracting 756
919		-	agency constitute a significant policy reason to approve a business case 757
920		-	for a privatization contract to provide a core governmental function. 758
921		-	(g) Each [state] contracting agency that submits a business case to the 759
922		-	board for review shall submit to the board all information, documents 760
923		-	or other material required by the privatization contract committee to 761
924		-	complete its review and evaluation of such business case. 762
925		-	(h) (1) Not later than sixty days after receipt of any business case, the 763
926		-	State Contracting Standards Board shall transmit a report detailing its 764
927		-	review, evaluation and disposition regarding such business case to the 765
928		-	[state] contracting agency that submitted such business case and, in the 766
929		-	case of a privatization contract with a projected cost of one hundred fifty 767
930		-	million dollars or more annually, or six hundred million dollars or more 768
931		-	over the life of the contract, concomitantly transmit such report to the 769
932		-	Governor, the president pro tempore of the Senate, the speaker of the 770
933		-	House of Representatives and any collective bargaining unit affected by 771
934		-	the proposed privatization contract. Such sixty-day period may be 772
935		-	extended for an additional thirty days upon a majority vote of the board 773
936		-	or the privatization contract committee and for good cause shown. 774 Substitute Bill No. 473
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942		-
943		-	(2) The board's report shall include the business case prepared by the 775
944		-	[state] contracting agency, the evaluation of the business case prepared 776
945		-	by the privatization contract committee, the reasons for approval or 777
946		-	disapproval, any recommendations of the board and sufficient 778
947		-	information to assist the [state] contracting agency in determining if 779
948		-	additional steps are necessary to move forward with a privatization 780
949		-	contract. 781
950		-	(3) If the State Contracting Standards Board does not act on a business 782
951		-	case submitted by a [state] contracting agency within sixty days of 783
952		-	receipt of such business case, such business case shall be deemed 784
953		-	approved, except that no business case may be approved for failure of 785
954		-	the board to meet. 786
955		-	(4) In the case of a business case developed pursuant to subdivision 787
956		-	(2) of subsection (c) of this section, a two-thirds vote of the board shall 788
957		-	be required for approval of such privatization contract. 789
958		-	(5) Any [state] contracting agency may request an expedited review 790
959		-	of a business case submitted to the board if there is a compelling public 791
960		-	interest for such expedited review. If the board approves the agency's 792
961		-	request for such an expedited review, such review shall be completed 793
962		-	not later than thirty days after receipt of such request. If the board fails 794
963		-	to complete an expedited review within thirty days of receipt of a 795
964		-	request that was approved by the board, such business case shall be 796
965		-	deemed to be approved. 797
966		-	(i) A [state] contracting agency may publish notice soliciting bids for 798
967		-	a privatization contract only after the board approves such business 799
968		-	case, provided any privatization contract that is estimated to cost in 800
969		-	excess of one hundred fifty million dollars annually or six hundred 801
970		-	million dollars or more over the life of the contract shall also be 802
971		-	approved by the General Assembly prior to the [state] contracting 803
972		-	agency soliciting bids for such contract. The General Assembly may 804
973		-	approve any such contract as a whole by a majority vote of each house 805
974		-	or may reject such agreement as a whole by a majority vote of either 806 Substitute Bill No. 473
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980		-
981		-	house. If the General Assembly is in session, it shall vote to approve or 807
982		-	reject such contract not later than thirty days after such [state] 808
983		-	contracting agency files such contract with the General Assembly. If the 809
984		-	General Assembly is not in session when such contract is filed, it shall 810
985		-	be submitted to the General Assembly not later than ten days after the 811
986		-	first day of the next regular session or special session called for such 812
987		-	purpose. The contract shall be deemed approved if the General 813
988		-	Assembly fails to vote to approve or reject such contract within thirty 814
989		-	days after such filing. Such thirty-day period shall not begin or expire 815
990		-	unless the General Assembly is in regular session. For the purpose of 816
991		-	this subsection, any contract filed with the clerks within thirty days 817
992		-	before the commencement of a regular session of the General Assembly 818
993		-	shall be deemed to be filed on the first day of such session. 819
994		-	(j) Each [state] contracting agency shall submit, in writing, to the State 820
995		-	Contracting Standards Board, any proposed amendment to a board-821
996		-	approved business case in order that the board may review and approve 822
997		-	of such proposed amendment. The board may approve or disapprove 823
998		-	of any such proposed amendment not later than thirty days after receipt 824
999		-	of such proposed amendment by the same vote that was required for 825
1000		-	approval of the original business case. If the board fails to complete its 826
1001		-	review within thirty days of receipt of such proposed amendment, such 827
1002		-	amendment shall be deemed approved. 828
1003		-	(k) Not later than thirty days after a decision of the board to approve 829
1004		-	a business case, any collective bargaining agent of any employee 830
1005		-	adversely affected by such proposed privatization contract may file a 831
1006		-	motion for an order to show cause in the superior court for the judicial 832
1007		-	district of Hartford on the grounds that such contract fails to comply 833
1008		-	with the substantive or procedural requirements of this section. A ruling 834
1009		-	on any such motion may: (1) Deny the motion; (2) grant the motion if 835
1010		-	the court finds that the proposed contract would substantively violate 836
1011		-	the provisions of this section; or (3) stay the effective date of the contract 837
1012		-	until any substantive or procedural defect found by the court has been 838
1013		-	corrected. 839 Substitute Bill No. 473
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1019		-
1020		-	(l) (1) The board may review additional existing privatization 840
1021		-	contracts and shall review not less than one contracting area each year 841
1022		-	that is currently privatized. During the review of any such privatization 842
1023		-	contract, no member of the board shall engage in any ex-parte 843
1024		-	communication with any lobbyist, contractor or union representative. 844
1025		-	For each such privatization contract selected for review by the board, 845
1026		-	the appropriate [state] contracting agency shall develop a cost-benefit 846
1027		-	analysis in accordance with subsection (b) of this section. In addition, 847
1028		-	any affected party may petition the board for review of any existing 848
1029		-	privatization contract, in accordance with the provisions of subsections 849
1030		-	(f) to (h), inclusive, of this section. 850
1031		-	(2) If such cost-benefit analysis identifies a ten per cent or more cost 851
1032		-	savings to the state from the use of such privatization contract and such 852
1033		-	contract does not diminish the quality of the service provided, such 853
1034		-	[state] contracting agency shall develop a business case for the renewal 854
1035		-	of such privatization contract in accordance with the provisions of 855
1036		-	subsections (d) and (e) of this section. The board shall review such 856
1037		-	contract in accordance with the provisions of subsections (f) to (h), 857
1038		-	inclusive, of this section and may approve such renewal by the 858
1039		-	applicable vote of the board, provided any such renewal that is 859
1040		-	estimated to cost in excess of one hundred fifty million dollars annually 860
1041		-	or six hundred million dollars or more over the life of the contract shall 861
1042		-	also be approved by the General Assembly prior to the [state] 862
1043		-	contracting agency renewing such contract. If such renewal is approved 863
1044		-	by the board and the General Assembly, if applicable, the provisions of 864
1045		-	subsection (j) of this section shall apply to any proposed amendment to 865
1046		-	such contract. 866
1047		-	(3) If such cost-benefit analysis identifies a cost savings to the state of 867
1048		-	less than ten per cent, such [state] contracting agency shall prepare a 868
1049		-	plan to have such service provided by state employees, or in the case of 869
1050		-	a contracting agency that is a quasi-public agency, the employees of 870
1051		-	such quasi-public agency, and shall begin to implement such plan, 871
1052		-	provided: (A) While such plan is prepared, but prior to implementation 872 Substitute Bill No. 473
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1058		-
1059		-	of such plan, such [state] contracting agency may develop a business 873
1060		-	case for such privatization contract, in accordance with the provisions 874
1061		-	of subsection (d) of this section, that achieves a cost savings to the state 875
1062		-	of ten per cent or more. Any such business case shall be reviewed by the 876
1063		-	board in accordance with the provisions of subsections (f) to (h), 877
1064		-	inclusive, of this section, and may be approved by the applicable vote of 878
1065		-	the board; (B) such privatization contract shall not be renewed with the 879
1066		-	vendor currently providing such service unless: (i) There exists a 880
1067		-	significant public interest in renewing such contract, and (ii) such 881
1068		-	renewal is approved by a two-thirds vote of the board; (C) the [state] 882
1069		-	contracting agency may enter into a contract with a term of one year or 883
1070		-	less for the provision of such service until such [state] contracting 884
1071		-	agency implements such plan; and (D) the procedure for the transfer of 885
1072		-	funds from the General Fund, as described in section 4-94, may be 886
1073		-	utilized to allocate necessary resources for the implementation of the 887
1074		-	provisions of this subdivision. 888
1075		-	(4) Notwithstanding the provisions of subdivision (3) of this 889
1076		-	subsection, the renewal of a privatization contract with a nonprofit 890
1077		-	organization shall not be denied if the cost of increasing compensation 891
1078		-	to employees performing the privatized service is the sole cause for such 892
1079		-	contract not achieving a cost savings to the state of ten per cent or more. 893
1080		-	(m) The Office of Policy and Management, in consultation with the 894
1081		-	State Contracting Standards Board, shall: (1) Develop policies and 895
1082		-	procedures, including templates for use by [state] contracting agencies 896
1083		-	for the development of a cost-benefit analysis, as described in subsection 897
1084		-	(b) of this section, and (2) review with each [state] contracting agency 898
1085		-	the budgetary impact of any such privatization contract and the need to 899
1086		-	request budget adjustments in connection with any such privatization 900
1087		-	contract. 901
1088		-	(n) The State Contracting Standards Board, in consultation with the 902
1089		-	Department of Administrative Services, shall: (1) Recommend and 903
1090		-	implement standards and procedures for [state] contracting agencies to 904
1091		-	develop business cases in connection with privatization contracts, 905 Substitute Bill No. 473
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1097		-
1098		-	including templates for use by [state] such contracting agencies when 906
1099		-	submitting business cases to the board, and policies and procedures to 907
1100		-	guide [state] such contracting agencies to complete such business cases, 908
1101		-	and (2) develop guidelines and procedures for assisting state employees 909
1102		-	or quasi-public agency employees whose jobs are affected by a 910
1103		-	privatization contract. 911
1104		-	(o) Notwithstanding the provisions of subsections (a) and (i) of this 912
1105		-	section, a [state] contracting agency may enter into a privatization 913
1106		-	contract without development of a cost-benefit analysis or approval of 914
1107		-	a business case by the State Contracting Standards Board if (1) the [state] 915
1108		-	contracting agency finds that a privatization contract is required (A) due 916
1109		-	to an imminent peril to the public health, safety or welfare, and (B) the 917
1110		-	agency states, in writing, its reasons for such finding; and (2) the 918
1111		-	Governor approves such finding, in writing. 919
1112		-	(p) Prior to entering into or renewing any privatization contract that 920
1113		-	is not subject to the provisions of subsection (a) of this section, the [state] 921
1114		-	contracting agency shall evaluate such contract to determine if entering 922
1115		-	into or renewing such contract is the most cost-effective method of 923
1116		-	delivering the service, by determining the costs, as defined in subsection 924
1117		-	(b) of this section, of such service. The [state] contracting agency shall 925
1118		-	perform such evaluation in accordance with a template prescribed by 926
1119		-	the Secretary of the Office of Policy and Management and such 927
1120		-	evaluation shall be subject to verification by the secretary. The secretary 928
1121		-	may waive the requirement for an evaluation of cost-effectiveness under 929
1122		-	this subsection upon a finding by the secretary that exigent or emergent 930
1123		-	circumstances necessitate such waiver. 931
1124		-	(q) Nothing in this section shall be construed to apply to 932
1125		-	procurements that involve the expenditure of federal assistance or 933
1126		-	federal contract funds, provided federal law provides applicable 934
1127		-	procurement procedures that are inconsistent with the requirements of 935
1128		-	this section. 936
1129		-	Sec. 14. Section 4e-17 of the general statutes is repealed and the 937 Substitute Bill No. 473
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1135		-
1136		-	following is substituted in lieu thereof (Effective July 1, 2022): 938
1137		-	(a) Except as otherwise provided, the provisions of sections 4e-16 to 939
1138		-	4e-47, inclusive, as amended by this act, shall apply to all contracts 940
1139		-	solicited or entered into by [state contracting agencies] a contracting 941
1140		-	agency that is a state agency on or after June 1, 2010, and all contracts 942
1141		-	solicited or entered into by a contracting agency that is a quasi-public 943
1142		-	agency on or after July 1, 2022. 944
1143		-	(b) Except as otherwise provided, the provisions of sections 4e-16 to 945
1144		-	4e-47, inclusive, as amended by this act, shall apply to every 946
1145		-	expenditure of public funds by any [state] contracting agency, 947
1146		-	irrespective of their source, involving any state or quasi-public agency 948
1147		-	contracting and procurement processes, including, but not limited to, 949
1148		-	leasing and property transfers, purchasing or leasing of supplies, 950
1149		-	materials or equipment, consultant or consultant services, personal 951
1150		-	service agreements, purchase of service agreements or privatization 952
1151		-	contracts, as defined in section 4e-1, as amended by this act, and, 953
1152		-	relating to contracts for the construction, reconstruction, alteration, 954
1153		-	remodeling, repair or demolition of any public building, bridge or road. 955
1154		-	(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 956
1155		-	act, shall be construed to require the application of procurement statutes 957
1156		-	or regulations to a procurement that involves the expenditure of federal 958
1157		-	assistance or federal contract funds if federal law provides procurement 959
1158		-	procedures applicable to the expenditure of such funds, to the extent 960
1159		-	such federal procedures are inconsistent with state procurement 961
1160		-	statutes or regulations. 962
1161		-	Sec. 15. Section 4e-18 of the general statutes is repealed and the 963
1162		-	following is substituted in lieu thereof (Effective July 1, 2022): 964
1163		-	For the purpose of obtaining supplies, materials, equipment or 965
1164		-	contractual services, except infrastructure facilities, the Commissioner 966
1165		-	of Administrative Services shall establish a requisition system to be used 967
1166		-	by [state] contracting agencies that are not quasi-public agencies to 968 Substitute Bill No. 473
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1172		-
1173		-	initiate and authorize the procurement process. Such system shall be 969
1174		-	approved by the State Contracting Standards Board. 970
1175		-	Sec. 16. Section 4e-19 of the general statutes is repealed and the 971
1176		-	following is substituted in lieu thereof (Effective July 1, 2022): 972
1177		-	(a) All purchases of, and contracts for, supplies, materials, equipment 973
1178		-	and contractual services by any [state] contracting agency, except 974
1179		-	purchases and contracts made pursuant to the provisions of section 4e-975
1180		-	23, shall be awarded by one of the following methods, unless otherwise 976
1181		-	authorized by law: 977
1182		-	(1) Competitive sealed bidding; 978
1183		-	(2) Competitive sealed proposals; 979
1184		-	(3) Small purchase procedure; 980
1185		-	(4) Sole source procurement; 981
1186		-	(5) Emergency procurements; or 982
1187		-	(6) Waiver of bid or proposal requirement for extraordinary 983
1188		-	conditions. 984
1189		-	(b) Not later than June 1, 2010, the State Contracting Standards Board 985
1190		-	shall adopt regulations, in accordance with the provisions of chapter 54, 986
1191		-	to define each of the methods listed in subsection (a) of this section, 987
1192		-	establish the circumstances in which each such method shall be used by 988
1193		-	[state] contracting agencies, and establish the processes and criteria by 989
1194		-	which purchases and contracts shall be awarded in accordance with 990
1195		-	each such method. 991
1196		-	Sec. 17. Section 4e-21 of the general statutes is repealed and the 992
1197		-	following is substituted in lieu thereof (Effective July 1, 2022): 993
1198		-	(a) Not later than January 1, 2010, the State Contracting Standards 994
1199		-	Board, in consultation with the Department of Administrative Services, 995 Substitute Bill No. 473
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1205		-
1206		-	shall adopt regulations to establish small purchase procedures for 996
1207		-	procurements that do not exceed fifty thousand dollars. Such 997
1208		-	regulations shall include a prohibition on the artificial division of a 998
1209		-	procurement in order to make use of such small procurement 999
1210		-	procedures. 1000
1211		-	(b) The State Contracting Standards Board, in consultation with the 1001
1212		-	Commissioner of Administrative Services, may determine that a [state] 1002
1213		-	contracting agency has artificially divided procurement requirements so 1003
1214		-	as to constitute a small purchase under this section and, upon such 1004
1215		-	determination shall prohibit the [state] contracting agency from 1005
1216		-	utilizing such small purchase procedures. 1006
1217		-	(c) The State Contracting Standards Board, in consultation with the 1007
1218		-	Commissioner of Administrative Services, may waive the requirement 1008
1219		-	of competitive bidding or competitive negotiation in the case of minor, 1009
1220		-	nonrecurring or emergency purchases of ten thousand dollars or less in 1010
1221		-	amount, upon application of the contracting agency. Any contracting 1011
1222		-	agency that obtains such a waiver for such an emergency purchase shall 1012
1223		-	post notice of such emergency purchase on the Internet web site of the 1013
1224		-	contracting agency prior to making such emergency purchase. 1014
1225		-	Sec. 18. Section 4e-24 of the general statutes is repealed and the 1015
1226		-	following is substituted in lieu thereof (Effective July 1, 2022): 1016
1227		-	[Not later than June 1, 2010, the State Contracting Standards Board, 1017
1228		-	in consultation with the Commissioner of Administrative Services and 1018
1229		-	any other appropriate award authority, shall adopt regulations, in 1019
1230		-	accordance with the provisions of chapter 54, permitting] (a) If an 1020
1231		-	emergency [procurements when there exists] procurement is deemed 1021
1232		-	necessary by a contracting agency due to a threat to public health, 1022
1233		-	welfare or safety, the contracting agency shall give notice to the board 1023
1234		-	of the need for such emergency procurement. Such emergency 1024
1235		-	procurements shall be made with competition, as is practicable under 1025
1236		-	the circumstances. [Said regulations shall require that] The contracting 1026
1237		-	agency shall (1) include a written determination of the basis for the 1027 Substitute Bill No. 473
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1243		-
1244		-	emergency and for the selection of the particular contractor [be 1028
1245		-	included] in the contract file, [and transmitted] (2) transmit such 1029
1246		-	determination to the Governor, the president pro tempore of the Senate, 1030
1247		-	the majority and minority leaders of the Senate, the speaker of the House 1031
1248		-	of Representatives and the majority and minority leaders of the House 1032
1249		-	of Representatives, and (3) post such determination on the Internet web 1033
1250		-	site of the contracting agency. 1034
1251		-	(b) The State Contracting Standards Board may adopt regulations in 1035
1252		-	accordance with the provisions of chapter 54 to implement the 1036
1253		-	provisions of this section. 1037
1254		-	Sec. 19. Subsection (d) of section 4b-51 of the general statutes is 1038
1255		-	repealed and the following is substituted in lieu thereof (Effective July 1, 1039
1256		-	2022): 1040
1257		-	(d) (1) Notwithstanding any provision of the general statutes, the 1041
1258		-	Commissioner of Administrative Services may select consultants to be 1042
1259		-	on a list established for the purpose of providing any consultant 1043
1260		-	services. Such list shall be established as provided in sections 4b-56 and 1044
1261		-	4b-57, as amended by this act. [The] In the case of an emergency 1045
1262		-	procurement due to a threat to public health, welfare or safety, the 1046
1263		-	commissioner may enter into a contract with any consultant on such list 1047
1264		-	without inviting responses from such consultants to perform a range of 1048
1265		-	consultant services or to perform a range of tasks pursuant to a task 1049
1266		-	letter detailing services to be performed under such contract. 1050
1267		-	(2) Notwithstanding any provision of the general statutes, the 1051
1268		-	Commissioner of Administrative Services may (A) compile a list of 1052
1269		-	architects, professional engineers and construction administrators for 1053
1270		-	the limited purpose of providing consultant services for a particular 1054
1271		-	program involving various projects for the construction of new 1055
1272		-	buildings or renovations to existing buildings where such buildings are 1056
1273		-	under the operation and control of either the Military Department or the 1057
1274		-	Department of Energy and Environmental Protection, and (B) in the case 1058
1275		-	of an emergency procurement due to a threat to public health, welfare 1059 Substitute Bill No. 473
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1281		-
1282		-	or safety, enter into a contract with any architect, professional engineer 1060
1283		-	or construction administrator on such list for such limited purpose 1061
1284		-	without inviting responses from the persons on such list, except that the 1062
1285		-	Adjutant General may perform the functions described in 1063
1286		-	subparagraphs (A) and (B) of this subdivision for any such building 1064
1287		-	under the operation and control of the Military Department. 1065
1288		-	(3) As used in this subsection, "consultant" means "consultant" as 1066
1289		-	defined in section 4b-55, "consultant services" means "consultant 1067
1290		-	services" as defined in section 4b-55, and "program" means multiple 1068
1291		-	projects involving the planning, design, construction, repair, 1069
1292		-	improvement or expansion of specified buildings, facilities or site 1070
1293		-	improvements, wherein the work (A) will be of a repetitive nature, (B) 1071
1294		-	will share a common funding source that imp oses particular 1072
1295		-	requirements, or (C) would be significantly facilitated if completed by 1073
1296		-	the same design professional or construction administrator. 1074
1297		-	Sec. 20. Subsection (a) of section 4b-57 of the general statutes is 1075
1298		-	repealed and the following is substituted in lieu thereof (Effective July 1, 1076
1299		-	2022): 1077
1300		-	(a) Whenever consultant services are required by the commissioner 1078
1301		-	in fulfilling the responsibilities under section 4b-1, and in the case of 1079
1302		-	each project, the commissioner shall invite responses from such firms by 1080
1303		-	posting notice on the State Contracting Portal, except that in the case of 1081
1304		-	an emergency procurement, the commissioner may receive consultant 1082
1305		-	services under a contract entered into pursuant to subsection (d) of 1083
1306		-	section 4b-51, as amended by this act. The commissioner shall prescribe, 1084
1307		-	by regulations adopted in accordance with chapter 54, the advance 1085
1308		-	notice required for, the manner of submission, and conditions and 1086
1309		-	requirements of, such responses. 1087
1310		-	Sec. 21. Subsection (g) of section 4b-91 of the 2022 supplement to the 1088
1311		-	general statutes is repealed and the following is substituted in lieu 1089
1312		-	thereof (Effective July 1, 2022): 1090 Substitute Bill No. 473
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1318		-
1319		-	(g) Notwithstanding the provisions of this chapter regarding 1091
1320		-	competitive bidding procedures, in the case of an emergency 1092
1321		-	procurement due to a threat to public health, welfare or safety, the 1093
1322		-	commissioner may select and interview at least three responsible and 1094
1323		-	qualified general contractors who are prequalified pursuant to section 1095
1324		-	4a-100 and submit the three selected contractors to the construction 1096
1325		-	services award panels process described in section 4b-100a and any 1097
1326		-	regulation adopted by the commissioner. The commissioner may 1098
1327		-	negotiate with the successful bidder a contract which is both fair and 1099
1328		-	reasonable to the state for a community court project, the downtown 1100
1329		-	Hartford higher education center project, a correctional facility project, 1101
1330		-	a juvenile residential center project, or a student residential facility for 1102
1331		-	the Connecticut State University System that is a priority higher 1103
1332		-	education facility project. The Commissioner of Administrative 1104
1333		-	Services, prior to entering any such contract or performing any work on 1105
1334		-	such project, shall submit such contract to the State Properties Review 1106
1335		-	Board for review and approval or disapproval by the board, pursuant 1107
1336		-	to subsection (i) of this section. Any general contractor awarded a 1108
1337		-	contract pursuant to this subsection shall be subject to the same 1109
1338		-	requirements concerning the furnishing of bonds as a contractor 1110
1339		-	awarded a contract pursuant to subsection (b) of this section. 1111
1340		-	Sec. 22. Section 4e-25 of the general statutes is repealed and the 1112
1341		-	following is substituted in lieu thereof (Effective July 1, 2022): 1113
1342		-	A [state] contracting agency may request factual information 1114
1343		-	reasonably available to the bidder or proposer to substantiate that the 1115
1344		-	price or cost offered, or some portion of it, is reasonable. 1116
1345		-	Sec. 23. Section 4e-27 of the general statutes is repealed and the 1117
1346		-	following is substituted in lieu thereof (Effective July 1, 2022): 1118
1347		-	Not later than June 1, 2010, the State Contracting Standards Board, in 1119
1348		-	consultation with the Attorney General, shall adopt regulations, in 1120
1349		-	accordance with the provisions of chapter 54, specifying the types of 1121
1350		-	contracts that may be used by [state] contracting agencies. Such 1122 Substitute Bill No. 473
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1356		-
1357		-	regulations shall specify that a cost-reimbursement contract may be 1123
1358		-	used only when a determination is made in writing by the agency 1124
1359		-	procurement officer that such contract is likely to be less costly to the 1125
1360		-	state or quasi-public agency than any other type or that it is 1126
1361		-	impracticable to obtain the supplies, services or construction required 1127
1362		-	except under such a contract. 1128
1363		-	Sec. 24. Section 4e-28 of the general statutes is repealed and the 1129
1364		-	following is substituted in lieu thereof (Effective July 1, 2022): 1130
1365		-	Not later than June 1, 2010, the State Contracting Standards Board 1131
1366		-	shall adopt regulations, in accordance with the provisions of chapter 54, 1132
1367		-	requiring that contractors submit appropriate documentation to the 1133
1368		-	appropriate [state] contracting agency, prior to the award of a contract, 1134
1369		-	to confirm that the proposed contractor's accounting system will permit 1135
1370		-	timely development of all necessary cost data in the form required by 1136
1371		-	the specific contract type. 1137
1372		-	Sec. 25. Section 4e-29 of the general statutes is repealed and the 1138
1373		-	following is substituted in lieu thereof (Effective July 1, 2022): 1139
1374		-	Each contract of a [state] contracting agency shall provide that [a 1140
1375		-	state] such contracting agency may, at reasonable times, inspect the part 1141
1376		-	of the plant or place of business of a contractor or any subcontractor 1142
1377		-	which is related to the performance of any such contract awarded, or to 1143
1378		-	be awarded by the [state] contracting agency, to ensure compliance with 1144
1379		-	the contract. 1145
1380		-	Sec. 26. Section 4e-30 of the 2022 supplement to the general statutes 1146
1381		-	is repealed and the following is substituted in lieu thereof (Effective July 1147
1382		-	1, 2022): 1148
1383		-	(a) A [state] contracting agency may audit the books and records of a 1149
1384		-	contractor or any subcontractor under any negotiated contract or 1150
1385		-	subcontract to the extent that such books and records relate to the 1151
1386		-	performance of such contract or subcontract. Such books and records 1152
1387		-	shall be maintained by the contractor for a period of three years from 1153 Substitute Bill No. 473
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1393		-
1394		-	the date of final payment under the prime contract and by the 1154
1395		-	subcontractor for a period of three years from the expiration of the 1155
1396		-	subcontract. 1156
1397		-	(b) If a [state] contracting agency enters into an amendment to any 1157
1398		-	negotiated contract or subcontract that extends the terms of such 1158
1399		-	contract or subcontract, the amendment shall be deemed a new and 1159
1400		-	separate negotiated contract for the purposes of this section. The books 1160
1401		-	and records of a contractor or any subcontractor related to the 1161
1402		-	performance of such amendment shall be maintained by the contractor 1162
1403		-	or subcontractor from the commencement of such amendment until a 1163
1404		-	period of three years from the date of final payment under such 1164
1405		-	amendment or the date of expiration of such amendment, whichever is 1165
1406		-	later. 1166
1407		-	Sec. 27. Section 4e-31 of the general statutes is repealed and the 1167
1408		-	following is substituted in lieu thereof (Effective July 1, 2022): 1168
1409		-	When, for any reason, collusion or other anticompetitive practices are 1169
1410		-	suspected among any bidders or proposers for a [state] contract of a 1170
1411		-	contracting agency, a notice of the relevant facts shall be transmitted to 1171
1412		-	the Attorney General by any affected party, including, but not limited 1172
1413		-	to, the [state] contracting agency, a bidder or a proposer. 1173
1414		-	Sec. 28. Section 4e-32 of the general statutes is repealed and the 1174
	138	+	state employees, quasi-public agency employees or municipal 97
	139	+	employees. "Contractual services" includes the design, development 98
	140	+	and implementation of technology, communications or 99
	141	+	telecommunications systems or the infrastructure pertaining thereto, 100
	142	+	including hardware and software and services for which a contractor is 101
	143	+	conferred a benefit by the state, a quasi-public agency or a municipality 102
	144	+	whether or not compensated by the state, a quasi-public agency or a 103
	145	+	municipality. "Contractual services" does not include employment 104
	146	+	agreements or collective bargaining agreements; 105 Raised Bill No. 473
	147	+
	148	+
	149	+
	150	+	LCO No. 3459 5 of 60
	151	+
	152	+	(13) "Data" means recorded information, regardless of form or 106
	153	+	characteristic; 107
	154	+	(14) "Vote of two-thirds of the members of the board present and 108
	155	+	voting" means a vote by the State Contracting Standards Board that is 109
	156	+	agreed upon by two-thirds of the members of the State Contracting 110
	157	+	Standards Board present and voting for a particular purpose and that 111
	158	+	includes the vote of one member of the board appointed by a legislative 112
	159	+	leader; 113
	160	+	(15) "Electronic" means electrical, digital, magnetic, optical, 114
	161	+	electromagnetic, or any other similar technology; 115
	162	+	(16) "Emergency procurement" means procurement by a [state] 116
	163	+	contracting agency, [quasi-public agency, as defined in section 1-120,] 117
	164	+	judicial department or constituent unit of higher education that is made 118
	165	+	necessary by a sudden, unexpected occurrence that poses a clear and 119
	166	+	imminent danger to public safety or requires immediate action to 120
	167	+	prevent or mitigate the loss or impairment of life, health, property or 121
	168	+	essential public services or in response to a court order, settlement 122
	169	+	agreement or other similar legal judgment; 123
	170	+	(17) "Equipment" means personal property of a durable nature that 124
	171	+	retains its identity throughout its useful life; 125
	172	+	(18) "Materials" means items required to perform a function or used 126
	173	+	in a manufacturing process, particularly those incorporated into an end 127
	174	+	product or consumed in its manufacture; 128
	175	+	(19) "Nonprofit agency" means any organization that is not a for-129
	176	+	profit business under Section 501(c)(3) of the Internal Revenue Code of 130
	177	+	1986, or any subsequent corresponding internal revenue code of the 131
	178	+	United States, as amended from time to time, [amended,] makes no 132
	179	+	distribution to its members, directors or officers and provides services 133
	180	+	contracted for by (A) the state, a quasi-public agency or a municipality, 134
	181	+	or (B) a nonstate entity; 135 Raised Bill No. 473
	182	+
	183	+
	184	+
	185	+	LCO No. 3459 6 of 60
	186	+
	187	+	(20) "Professional services" means any type of service to the public 136
	188	+	that requires that members of a profession rendering such service obtain 137
	189	+	a license or other legal authorization as a condition precedent to the 138
	190	+	rendition thereof, including, but not limited to, the professional services 139
	191	+	of architects, professional engineers, or jointly by architects and 140
	192	+	professional engineers, landscape architects, certified public 141
	193	+	accountants and public accountants, land surveyors, attorneys-at-law, 142
	194	+	psychologists, licensed marital and family therapists, licensed 143
	195	+	professional counselors and licensed clinical social workers as well as 144
	196	+	such other professional services described in section 33-182a; 145
	197	+	(21) "Privatization contract" means an agreement or series of 146
	198	+	agreements between a [state] contracting agency of the state and a 147
	199	+	person or entity in which such person or entity agrees to provide 148
	200	+	services that are substantially similar to and in lieu of services provided, 149
	201	+	in whole or in part, by state employees, other than contracts with a 150
	202	+	nonprofit agency, which are in effect as of January 1, 2009, and which 151
	203	+	through a renewal, modification, extension or rebidding of contracts 152
	204	+	continue to be provided by a nonprofit agency; 153
	205	+	(22) "Procurement" means contracting for, buying, purchasing, 154
	206	+	renting, leasing or otherwise acquiring or disposing of, any supplies, 155
	207	+	services, including, but not limited to, contracts for purchase of services 156
	208	+	and personal service agreements, interest in real property, or 157
	209	+	construction, and includes all government functions that relate to such 158
	210	+	activities, including best value selection and qualification based 159
	211	+	selection; 160
	212	+	(23) "Proposer" means a business submitting a proposal to a [state] 161
	213	+	contracting agency in response to a request for proposals or other 162
	214	+	competitive sealed proposal; 163
	215	+	(24) "Public record" means a public record, as defined in section 1-164
	216	+	200; 165
	217	+	(25) "Qualification based selection" means a contract selection process 166
	218	+	in which the award of a contract is primarily based on an assessment of 167 Raised Bill No. 473
	219	+
	220	+
	221	+
	222	+	LCO No. 3459 7 of 60
	223	+
	224	+	contractor qualifications and on the negotiation of a fair and reasonable 168
	225	+	price; 169
	226	+	(26) "Regulation" means regulation, as defined in section 4-166; 170
	227	+	(27) "Request for proposals" means all documents, whether attached 171
	228	+	or incorporated by reference, utilized for soliciting proposals; 172
	229	+	(28) ["State contracting agency"] "Contracting agency" means any 173
	230	+	executive branch agency, board, commission, department, office, 174
	231	+	institution or council, quasi-public agency or municipality. "State 175
	232	+	contracting agency" does not include the judicial branch, the legislative 176
	233	+	branch, the offices of the Secretary of the State, the State Comptroller, 177
	234	+	the Attorney General, the State Treasurer, with respect to their 178
	235	+	constitutional functions, any state agency with respect to contracts 179
	236	+	specific to the constitutional and statutory functions of the office of the 180
	237	+	State Treasurer. For the purposes of section 4e-16, ["state contracting 181
	238	+	agency"] as amended by this act, "contracting agency" includes any 182
	239	+	constituent unit of the state system of higher education; [and for the 183
	240	+	purposes of section 4e-19, "state contracting agency" includes the State 184
	241	+	Education Resource Center, established under section 10-4q;] 185
	242	+	(29) "Subcontractor" means a subcontractor of a contractor for work 186
	243	+	under a contract or an amendment to a contract; 187
	244	+	(30) "Supplies" means any and all articles of personal property, 188
	245	+	including, but not limited to, equipment, materials, printing, insurance 189
	246	+	and leases of real property, excluding land or a permanent interest in 190
	247	+	land furnished to or used by any state agency, quasi-public agency or 191
	248	+	municipality; 192
	249	+	(31) "Infrastructure facility" means a building, structure or network 193
	250	+	of buildings, structures, pipes, controls and equipment that provide 194
	251	+	transportation, utilities, public education or public safety services. 195
	252	+	[Infrastructure facility] "Infrastructure facility" includes government 196
	253	+	office buildings, public schools, jails, water treatment plants, 197
	254	+	distribution systems and pumping stations, wastewater treatment 198 Raised Bill No. 473
	255	+
	256	+
	257	+
	258	+	LCO No. 3459 8 of 60
	259	+
	260	+	plants, collections systems and pumping stations, solid waste disposal 199
	261	+	plants, incinerators, landfills, and related facilities, public roads and 200
	262	+	streets, highways, public parking facilities, public transportation 201
	263	+	systems, terminals and rolling stock, rail, air and water port structures, 202
	264	+	terminals and equipment; [and] 203
	265	+	(32) "State employee" means state employee, as defined in section 5-204
	266	+	154 and, for purposes of section 4e-16, [state employee] as amended by 205
	267	+	this act, "state employee" includes an employee of any [state] contracting 206
	268	+	agency [.] of the state; 207
	269	+	(33) "Municipality" means any town, city, borough, consolidated 208
	270	+	town and city or consolidated town and borough; and 209
	271	+	(34) "Quasi-public agency" has the same meaning as provided in 210
	272	+	section 1-120. 211
	273	+	Sec. 4. Subsections (f) to (h), inclusive, of section 4e-2 of the general 212
	274	+	statutes are repealed and the following is substituted in lieu thereof 213
	275	+	(Effective July 1, 2022): 214
	276	+	(f) The Governor shall appoint an executive director of the board who 215
	277	+	shall serve as an ex-officio, nonvoting member of the board. The 216
	278	+	executive director shall be appointed in accordance with the provisions 217
	279	+	of section 4-7 and may be removed from office for reasonable cause, in 218
	280	+	accordance with chapter 67. The board may recommend that the 219
	281	+	Governor appoint as executive director a person who has retired from 220
	282	+	state service after serving as the executive director of the board. The 221
	283	+	board shall, annually, conduct a performance evaluation of such 222
	284	+	executive director. The executive director shall report to the chairperson 223
	285	+	of the board and, in consultation with the Chief Procurement Officer, (1) 224
	286	+	conduct comprehensive planning with respect to the administrative 225
	287	+	functions of the board; (2) coordinate the budget and personnel 226
	288	+	activities of the board; (3) cause the administrative organization of the 227
	289	+	board to be examined with a view to promoting economy and efficiency; 228
	290	+	(4) act as the external liaison for the board; and (5) execute such other 229
	291	+	duties as may be assigned by the chairperson of the board or the board, 230 Raised Bill No. 473
	292	+
	293	+
	294	+
	295	+	LCO No. 3459 9 of 60
	296	+
	297	+	as applicable. The executive director may enter into such contractual 231
	298	+	agreements as may be necessary for the discharge of the director's 232
	299	+	duties. 233
	300	+	(g) The board shall appoint a Chief Procurement Officer for a term 234
	301	+	not to exceed six years, unless reappointed pursuant to the provisions 235
	302	+	of this subsection. The Chief Procurement Officer shall report to the 236
	303	+	board and annually be evaluated by, and serve at the pleasure of, the 237
	304	+	board. For administrative purposes only, the Chief Procurement Officer 238
	305	+	shall be supervised by the executive director. 239
	306	+	(1) The Chief Procurement Officer shall be responsible for carrying 240
	307	+	out the policies of the board relating to procurement including, but not 241
	308	+	limited to, oversight, investigation, auditing, agency procurement 242
	309	+	certification and procurement and project management training and 243
	310	+	enforcement of said policies as well as the application of such policies to 244
	311	+	the screening and evaluation of current and prospective contractors. The 245
	312	+	Chief Procurement Officer may enter into such contractual agreements 246
	313	+	as may be necessary for the discharge of the duties as set forth in this 247
	314	+	subsection and by the board, including, but not limited to, 248
	315	+	recommending best practices and providing operational and 249
	316	+	administrative assistance to [state] contracting agencies determined, by 250
	317	+	the board, to be in violation of sections 4e-16 to 4e-47, inclusive, as 251
	318	+	amended by this act. 252
	319	+	(2) In addition to the duties set forth by the board, the Chief 253
	320	+	Procurement Officer shall (A) oversee [state] contracting agency 254
	321	+	compliance with the provisions of statutes and regulations concerning 255
	322	+	procurement; (B) monitor and assess the performance of the 256
	323	+	procurement duties of each agency procurement officer; (C) administer 257
	324	+	the certification system and monitor the level of agency compliance with 258
	325	+	the requirements of statutes and regulations concerning procurement, 259
	326	+	including, but not limited to, the education and training, performance 260
	327	+	and qualifications of agency procurement officers; (D) review and 261
	328	+	monitor the procurement processes of each [state] contracting agency of 262
	329	+	the state, quasi-public agencies and institutions of higher education; and 263 Raised Bill No. 473
	330	+
	331	+
	332	+
	333	+	LCO No. 3459 10 of 60
	334	+
	335	+	(E) serve as chairperson of the Contracting Standards Advisory Council 264
	336	+	and an ex-officio member of the Vendor and Citizen Advisory Panel. 265
	337	+	(h) The board may contract with consultants and professionals on a 266
	338	+	temporary or project by project basis and [may] shall employ, subject to 267
	339	+	the provisions of chapter 67, [such] not less than five full-time 268
	340	+	employees and may employ such additional employees as may be 269
	341	+	necessary to carry out the provisions of this section. 270
	342	+	Sec. 5. Section 4e-3 of the general statutes is repealed and the 271
	343	+	following is substituted in lieu thereof (Effective July 1, 2022): 272
	344	+	(a) All rights, powers, duties and authority relating to the 273
	345	+	procurement policies of the state, vested in, or exercised by, any [state] 274
	346	+	contracting agency may also be exercised by the board, provided such 275
	347	+	rights, powers, duties and authority may be exercised by the board as 276
	348	+	provided in this section and sections 4e-4 to 4e-47, inclusive, as amended 277
	349	+	by this act, and absent any affirmative action by the board, pursuant to 278
	350	+	said sections, shall not be deemed to limit or restrict the exercise of such 279
	351	+	rights, powers, duties and authority by any such [state] contracting 280
	352	+	agency. Such rights, powers, duties and authority shall include the 281
	353	+	following: 282
	354	+	(1) Acquisition of supplies, services, and construction, and the 283
	355	+	management, control, warehousing, sale, and disposal of supplies, 284
	356	+	services, and construction; 285
	357	+	(2) Any state, quasi-public or municipal contracting and procurement 286
	358	+	processes, including, but not limited to, leasing and property transfers, 287
	359	+	purchasing or leasing of supplies, materials or equipment, consultant or 288
	360	+	consultant services, purchase of service agreements or privatization 289
	361	+	contracts; and 290
	362	+	(3) Contracts for the construction, reconstruction, alteration, 291
	363	+	remodeling, repair or demolition of any public building. 292
	364	+	(b) Notwithstanding any provision of chapter 14, upon request by the 293 Raised Bill No. 473
	365	+
	366	+
	367	+
	368	+	LCO No. 3459 11 of 60
	369	+
	370	+	board, each [state] contracting agency, including institutions of higher 294
	371	+	education, shall provide the board, in a timely manner, with such 295
	372	+	procurement information as the board deems necessary. The board shall 296
	373	+	have access to all information, files and records related to any [state] 297
	374	+	contracting agency in furtherance of the board's duties, as described in 298
	375	+	this section and sections 4e-4 to 4e-47, inclusive, as amended by this act. 299
	376	+	Nothing in this section shall be construed to require the board's 300
	377	+	disclosure of documents that are exempt from disclosure pursuant to 301
	378	+	chapter 14. 302
	379	+	Sec. 6. Section 4e-4 of the general statutes is repealed and the 303
	380	+	following is substituted in lieu thereof (Effective July 1, 2022): 304
	381	+	Except as otherwise provided in the general statutes, the board shall 305
	382	+	have the following authority and responsibilities with respect to 306
	383	+	procurements by [state] contracting agencies: 307
	384	+	(a) Recommend the repeal of repetitive, conflicting or obsolete 308
	385	+	statutes concerning [state] procurement; 309
	386	+	(b) Review and make recommendations concerning proposed 310
	387	+	legislation and regulations concerning procurement, management, 311
	388	+	control, and disposal of any and all supplies, services, and construction 312
	389	+	to be procured by [the state] contracting agencies, including, but not 313
	390	+	limited to: 314
	391	+	(1) Conditions and procedures for delegation of procurement 315
	392	+	authority; 316
	393	+	(2) Prequalification, suspension, debarment and reinstatement of 317
	394	+	prospective bidders and contractors; 318
	395	+	(3) Small purchase procedures; 319
	396	+	(4) Conditions and procedures for the procurement of perishables 320
	397	+	and items for resale; 321
	398	+	(5) Conditions and procedures for the use of source selection methods 322 Raised Bill No. 473
	399	+
	400	+
	401	+
	402	+	LCO No. 3459 12 of 60
	403	+
	404	+	authorized by statutes and regulations concerning procurement; 323
	405	+	(6) Conditions and procedures for the use of emergency 324
	406	+	procurements; 325
	407	+	(7) Conditions and procedures for the selection of contractors by 326
	408	+	processes or methods that restrict full and open competition; 327
	409	+	(8) The opening or rejection of bids and offers, and waiver of errors 328
	410	+	in bids and offers; 329
	411	+	(9) Confidentiality of technical data and trade secrets submitted by 330
	412	+	actual or prospective bidders; 331
	413	+	(10) Partial, progressive and multiple awards; 332
	414	+	(11) Supervision of storerooms and inventories, including 333
	415	+	determination of appropriate stock levels and the management, 334
	416	+	transfer, sale or other disposal of publicly-owned supplies; 335
	417	+	(12) Definitions and classes of contractual services and procedures for 336
	418	+	acquiring such services; 337
	419	+	(13) Regulations providing for conducting cost and price analysis; 338
	420	+	(14) Use of payment and performance bonds; 339
	421	+	(15) Guidelines for use of cost principles in negotiations, adjustments 340
	422	+	and settlements; and 341
	423	+	(16) Identification of procurement best practices; 342
	424	+	(c) Adopt regulations, pursuant to chapter 54, to carry out the 343
	425	+	provisions of statutes concerning procurement, in order to facilitate 344
	426	+	consistent application of the law and require the implementation of 345
	427	+	procurement best practices; 346
	428	+	(d) Make recommendations with regard to information systems for 347
	429	+	state procurement including, but not limited to, data element and design 348 Raised Bill No. 473
	430	+
	431	+
	432	+
	433	+	LCO No. 3459 13 of 60
	434	+
	435	+	and the State Contracting Portal; 349
	436	+	(e) Develop a guide to state statutes and regulations concerning 350
	437	+	procurement, for use by all [state] contracting agencies; 351
	438	+	(f) Assist [state] contracting agencies in complying with the statutes 352
	439	+	and regulations concerning procurement by providing guidance, 353
	440	+	models, advice and practical assistance to [state] contracting agency 354
	441	+	staff relating to: (1) Buying the best service at the best price, (2) properly 355
	442	+	selecting contractors, and (3) drafting contracts that achieve state and 356
	443	+	local goals of accountability, transparency and results based outcomes 357
	444	+	and to protect taxpayers' interest; 358
	445	+	(g) Train and oversee the agency procurement officer of each [state] 359
	446	+	contracting agency and any contracting officers thereunder; 360
	447	+	(h) Review and certify, on or after January 1, 2009, that a [state] 361
	448	+	contracting agency's procurement processes are in compliance with 362
	449	+	statutes and regulations concerning procurement by: 363
	450	+	(1) Establishing procurement and project management education and 364
	451	+	training criteria and certification procedures for agency procurement 365
	452	+	officers and contracting officers. All agency procurement officers and 366
	453	+	contracting officers designated under this provision shall be required to 367
	454	+	maintain the certification in good standing at all times while performing 368
	455	+	procurement functions; 369
	456	+	(2) Approving an ethics training course, in consultation with the 370
	457	+	Office of State Ethics, including, but not limited to, state, quasi-public 371
	458	+	agency and municipal employees involved in procurement and for state 372
	459	+	contractors and substantial subcontractors who are prequalified 373
	460	+	pursuant to chapter 58a. Such ethics training course may be developed 374
	461	+	and provided by the Office of State Ethics or by any person, firm or 375
	462	+	corporation provided such course is approved by the State Contracting 376
	463	+	Standards Board; 377
	464	+	(i) Recertify each [state] contracting agency's procurement processes, 378 Raised Bill No. 473
	465	+
	466	+
	467	+
	468	+	LCO No. 3459 14 of 60
	469	+
	470	+	triennially, and provide agencies with notice of any certification 379
	471	+	deficiency and exercise those powers authorized by section 4e-34, as 380
	472	+	amended by this act, 4e-39, as amended by this act, or 4e-40, as amended 381
	473	+	by this act, as applicable, if a determination of noncompliance is made; 382
	474	+	(j) Define the contract data reporting requirements to the board for 383
	475	+	state agencies concerning information on: (1) The number and type of 384
	476	+	state contracts of each state contracting agency currently in effect state-385
	477	+	wide; (2) the term and dollar value of such contracts; (3) a list of client 386
	478	+	agencies; (4) a description of services purchased under such contracts; 387
	479	+	(5) contractor names; (6) an evaluation of contractor performance, 388
	480	+	including, but not limited to records pertaining to the suspension or 389
	481	+	disqualification of contractors, and assuring such information is 390
	482	+	available on the State Contracting Portal; and (7) a list of contracts and 391
	483	+	contractors awarded without full and open competition stating the 392
	484	+	reasons for and identifying the approving authority; and 393
	485	+	(k) Provide the Governor and the joint standing committee of the 394
	486	+	General Assembly having cognizance of matters relating to government 395
	487	+	administration with recommendations concerning the statutes and 396
	488	+	regulations concerning procurement. 397
	489	+	Sec. 7. Subsections (a) to (c), inclusive, of section 4e-5 of the general 398
	490	+	statutes are repealed and the following is substituted in lieu thereof 399
	491	+	(Effective July 1, 2022): 400
	492	+	(a) (1) The head of each [state] contracting agency shall appoint an 401
	493	+	agency procurement officer. Such officer shall serve as the liaison 402
	494	+	between the agency and the Chief Procurement Officer on all matters 403
	495	+	relating to the agency's procurement activity, including, but not limited 404
	496	+	to, implementation and compliance with the provisions of statutes and 405
	497	+	regulations concerning procurement and any policies or regulations 406
	498	+	adopted by the board, coordination of the training and education of 407
	499	+	agency procurement employees and any person serving on the 408
	500	+	Contracting Standards Advisory Council; 409
	501	+	(2) The agency procurement officer shall be responsible for ensuring 410 Raised Bill No. 473
	502	+
	503	+
	504	+
	505	+	LCO No. 3459 15 of 60
	506	+
	507	+	that any invitation to bid, request for proposals or any other solicitation 411
	508	+	for goods and service contains a notice of the rights of prospective 412
	509	+	bidders, proposers or prospective contractors under sections 4e-36, 4e-413
	510	+	39, as amended by this act, and 4e-40, as amended by this act, assuring 414
	511	+	that contractors are properly screened prior to the award of a contract, 415
	512	+	ensuring contractors are advised of their rights under sections 4e-36, 4e-416
	513	+	39, as amended by this act, and 4e-40, as amended by this act, prior to 417
	514	+	entering into a contract, ensuring that upon the award of a contract that 418
	515	+	unsuccessful bidders, proposers or respondents are advised of their 419
	516	+	rights under sections 4e-36, 4e-39, as amended by this act, and 4e-40, as 420
	517	+	amended by this act, evaluating contractor performance during and at 421
	518	+	the conclusion of a contract, submitting written evaluations to a central 422
	519	+	data repository to be designated by the board and creating a project 423
	520	+	management plan for the agency with annual reports to the board 424
	521	+	pertaining to procurement projects within the agency. 425
	522	+	(b) The State Contracting Standards Board, with the advice and 426
	523	+	assistance of the Commissioner of Administrative Services, shall 427
	524	+	develop a standardized state and municipal procurement and project 428
	525	+	management education and training program. Such education and 429
	526	+	training program shall develop education, training and professional 430
	527	+	development opportunities for employees of [state] contracting 431
	528	+	agencies of the state and municipalities charged with procurement 432
	529	+	responsibilities. The program shall educate such employees in general 433
	530	+	business acumen and on proper purchasing procedures as established 434
	531	+	in statutes and regulations concerning procurement with an emphasis 435
	532	+	on ethics, fairness, consistency and project management. Participation 436
	533	+	in the program shall be required of any supervisory and nonsupervisory 437
	534	+	[state] employees in [state] contracting agencies with responsibility for 438
	535	+	buying, purchasing, renting, leasing or otherwise acquiring any 439
	536	+	supplies, service or construction, including the preparation of the 440
	537	+	description of requirements, selection and solicitation of sources, 441
	538	+	preparation and award of contracts and all phases of contract 442
	539	+	administration. 443
	540	+	(c) The program shall include, but shall not be limited to (1) training 444 Raised Bill No. 473
	541	+
	542	+
	543	+
	544	+	LCO No. 3459 16 of 60
	545	+
	546	+	and education concerning federal, state and municipal procurement 445
	547	+	processes, including the statutes and regulations concerning 446
	548	+	procurement; (2) training and education courses developed in 447
	549	+	cooperation with the Office of State Ethics, the Freedom of Information 448
	550	+	Commission, the State Elections Enforcement Commission, the 449
	551	+	Commission on Human Rights and Opportunities, the office of the 450
	552	+	Attorney General and any other state agency the board determines is 451
	553	+	necessary in carrying out statutes and regulations concerning 452
	554	+	procurement; (3) providing technical assistance to [state] contracting 453
	555	+	agencies [and municipalities] for implementing statutes and regulations 454
	556	+	concerning procurement, regulations, policies and standards developed 455
	557	+	by the board; (4) training to current and prospective contractors and 456
	558	+	vendors and others seeking to do business with [the state] a contracting 457
	559	+	agency; and (5) training and education of [state] contracting agency 458
	560	+	employees in the area of best procurement practices in [state] 459
	561	+	purchasing with the goal of achieving the level of acumen necessary to 460
	562	+	achieve the objectives of statutes and regulations concerning 461
	563	+	procurement. 462
	564	+	Sec. 8. Section 4e-6 of the general statutes is repealed and the 463
	565	+	following is substituted in lieu thereof (Effective July 1, 2022): 464
	566	+	(a) The board shall conduct audits of [state] contracting agencies, 465
	567	+	triennially, to ensure compliance with statutes and regulations 466
	568	+	concerning procurement. In conducting each such audit, the board shall 467
	569	+	have access to all contracting and procurement records, may interview 468
	570	+	any and all personnel responsible for contracting, contract negotiations 469
	571	+	or procurement and may enter into an agreement with the Auditors of 470
	572	+	Public Accounts to effectuate such audit. 471
	573	+	(b) Upon completion of any such audit, the board shall prepare and 472
	574	+	issue a compliance report for the [state] contracting agency. Such report 473
	575	+	shall identify any process or procedure that is inconsistent with statutes 474
	576	+	and regulations concerning procurement and indicate those corrective 475
	577	+	measures the board deems necessary to comply with statutes and 476
	578	+	regulations concerning procurement requirements. Such report shall be 477 Raised Bill No. 473
	579	+
	580	+
	581	+
	582	+	LCO No. 3459 17 of 60
	583	+
	584	+	issued and delivered to the [state] contracting agency not later than 478
	585	+	thirty days after completion of such audit and shall be a public record. 479
	586	+	The [state] contracting agency may provide a written response to the 480
	587	+	board concerning such report not later than sixty days after receipt of 481
	588	+	such report and any such response shall be a public record. After 482
	589	+	receiving such response or after such sixty-day period has elapsed with 483
	590	+	no response, whichever is earlier, the board may submit such report and 484
	591	+	the response, if applicable, in accordance with the provisions of section 485
	592	+	11-4a, to the joint standing committees of the General Assembly having 486
	593	+	cognizance of matters relating to the [state] contracting agency that is 487
	594	+	the subject of such report, appropriations and the budgets of state 488
	595	+	agencies and government administration. 489
	596	+	Sec. 9. Section 4e-7 of the general statutes is repealed and the 490
	597	+	following is substituted in lieu thereof (Effective July 1, 2022): 491
	598	+	(a) For cause, the State Contracting Standards Board may review, 492
	599	+	terminate or recommend to a [state] contracting agency the termination 493
	600	+	of any contract or procurement agreement undertaken by any [state] 494
	601	+	contracting agency after providing fifteen days' notice to the [state] 495
	602	+	contracting agency and the applicable contractor, and consulting with 496
	603	+	the Attorney General. Such termination of a contract or procurement 497
	604	+	agreement by the board may occur only after (1) the board has consulted 498
	605	+	with the contracting agency to determine the impact of an immediate 499
	606	+	termination of the contract, (2) a determination has been made jointly 500
	607	+	by the board and the contracting agency that an immediate termination 501
	608	+	of the contract will not create imminent peril to the public health, safety 502
	609	+	or welfare, (3) a vote of two-thirds of the members of the board present 503
	610	+	and voting for that purpose, and (4) the board has provided the [state] 504
	611	+	contracting agency and the contractor with opportunity for a hearing 505
	612	+	conducted pursuant to the provisions of chapter 54. Such action shall be 506
	613	+	accompanied by notice to the [state] contracting agency and any other 507
	614	+	affected party. For the purpose of this section, "for cause" means: (A) A 508
	615	+	violation of section 1-84 or 1-86e, as determined by the Citizen's Ethics 509
	616	+	Advisory Board; (B) wanton or reckless disregard of any state, quasi-510
	617	+	public or municipal contracting and procurement process by any person 511 Raised Bill No. 473
	618	+
	619	+
	620	+
	621	+	LCO No. 3459 18 of 60
	622	+
	623	+	substantially involved in such contract or [state] contracting agency; or 512
	624	+	(C) notification from the Attorney General to the state contracting 513
	625	+	agency that an investigation pursuant to section 4-61dd has concluded 514
	626	+	that the process by which such contract was awarded was compromised 515
	627	+	by fraud, collusion or any other criminal violation. Nothing in this 516
	628	+	section shall be construed to limit the authority of the board as described 517
	629	+	in section 4e-6, as amended by this act. 518
	630	+	(b) Following consultation with the [state] contracting agency and 519
	631	+	upon providing fifteen days' notice and the opportunity for a hearing, 520
	632	+	the State Contracting Standards Board may restrict or terminate the 521
	633	+	authority of any [state] contracting agency to enter into any contract or 522
	634	+	procurement agreement if: (1) The board, upon a vote of two-thirds of 523
	635	+	the members of the board present and voting for such purpose, 524
	636	+	determines that such [state] contracting agency failed to comply with 525
	637	+	statutory contracting and procurement requirements and evidenced a 526
	638	+	reckless disregard for applicable procedures and policy; and (2) such 527
	639	+	limitation, restriction or termination of authority is in the state's best 528
	640	+	interest, provided the board has made arrangements for the exercise of 529
	641	+	the contracting power of such agency during the period of limitation, 530
	642	+	restriction or termination. Such limitation, restriction or termination of 531
	643	+	authority shall remain in effect until such time as the board determines 532
	644	+	that such [state] contracting agency has implemented corrective 533
	645	+	measures and demonstrated compliance with statutes and regulations 534
	646	+	concerning procurement. 535
	647	+	(c) Following consultation with the [state] contracting agency, and 536
	648	+	thereafter upon providing fifteen days' notice and the opportunity for a 537
	649	+	hearing, the State Contracting Standards Board may order a [state] 538
	650	+	contracting agency to take appropriate action to restrict or terminate the 539
	651	+	authority of an employee or agent to enter into any contract or 540
	652	+	procurement agreement if the board, upon a vote of two-thirds of the 541
	653	+	members of the board present and voting for such purpose, determines 542
	654	+	that such employee or agent failed to comply with statutory contracting 543
	655	+	and procurement requirements, and evidenced a reckless disregard for 544
	656	+	applicable procedures and policy. Such limitation, restriction or 545 Raised Bill No. 473
	657	+
	658	+
	659	+
	660	+	LCO No. 3459 19 of 60
	661	+
	662	+	termination of authority shall remain in effect until such time as the 546
	663	+	board determines that such [state] contracting agency has implemented 547
	664	+	corrective measures and demonstrated compliance with statutes and 548
	665	+	regulations concerning procurement. 549
	666	+	Sec. 10. Section 4e-8 of the general statutes is repealed and the 550
	667	+	following is substituted in lieu thereof (Effective July 1, 2022): 551
	668	+	There is established a Contracting Standards Advisory Council, 552
	669	+	which shall consist of representatives from the Office of Policy and 553
	670	+	Management, Departments of Administrative Services and 554
	671	+	Transportation, [and] representatives of at least three additional 555
	672	+	contracting agencies, including at least one human services related state 556
	673	+	agency, to be designated by the Governor, at least three additional 557
	674	+	contracting agencies that are quasi-public agencies appointed by the 558
	675	+	speaker of the House of Representatives and at least three additional 559
	676	+	contracting agencies that are municipalities, appointed by the Senate 560
	677	+	president pro tempore. The Chief Procurement Officer shall be a 561
	678	+	member of the council and serve as chairperson. The advisory council 562
	679	+	shall meet at least four times per year to discuss [state] procurement 563
	680	+	issues and to make recommendations for improvement of the 564
	681	+	procurement processes to the State Contracting Standards Board. The 565
	682	+	advisory council may conduct studies, research and analyses and make 566
	683	+	reports and recommendations with respect to subjects or matters within 567
	684	+	the jurisdiction of the State Contracting Standards Board. 568
	685	+	Sec. 11. Section 4e-10 of the general statutes is repealed and the 569
	686	+	following is substituted in lieu thereof (Effective July 1, 2022): 570
	687	+	(a) On or before July 1, 2010, the board shall submit to the Governor 571
	688	+	and the General Assembly such legislation as is necessary to permit 572
	689	+	[state] contracting agencies, not including [quasi-publics] quasi-public 573
	690	+	agencies, institutions of higher education, and municipal procurement 574
	691	+	processes utilizing state funds, to carry out their functions under 575
	692	+	statutes and regulations concerning procurement. 576
	693	+	(b) On or before July 1, 2011, the board shall submit to the Governor 577 Raised Bill No. 473
	694	+
	695	+
	696	+
	697	+	LCO No. 3459 20 of 60
	698	+
	699	+	and the General Assembly such legislation as is necessary to apply the 578
	700	+	provisions of statutes concerning procurement to constituent units of 579
	701	+	the state system of higher education. Concomitantly, the board shall 580
	702	+	submit such additional legislation as is necessary to apply the 581
	703	+	provisions of statutes and regulations concerning privatization and 582
	704	+	procurement to quasi-public agencies. 583
	705	+	(c) On or before July 1, 2012, the board shall submit to the Governor 584
	706	+	and the General Assembly such legislation as is necessary to apply the 585
	707	+	provisions of statutes and regulations concerning procurement to the 586
	708	+	municipal procurement processes utilizing state funds. 587
	709	+	Sec. 12. Section 4e-14 of the general statutes is repealed and the 588
	710	+	following is substituted in lieu thereof (Effective July 1, 2022): 589
	711	+	On and after [June 1, 2010] July 1, 2022, all [state] contracts of each 590
	712	+	[state] contracting agency that take effect on or after [June 1, 2010] July 591
	713	+	1, 2022, shall contain provisions to ensure accountability, transparency 592
	714	+	and results based outcomes, as prescribed by the State Contracting 593
	715	+	Standards Board. On and after June 1, 2010, all state contracts of the 594
	716	+	legislative branch and the judicial branch that take effect on or after June 595
	717	+	1, 2010, shall contain provisions to ensure accountability, transparency 596
	718	+	and results based outcomes. 597
	719	+	Sec. 13. Section 4e-16 of the general statutes is repealed and the 598
	720	+	following is substituted in lieu thereof (Effective July 1, 2022): 599
	721	+	(a) Prior to entering into any privatization contract for the 600
	722	+	privatization of a state service that is not currently privatized, the [state] 601
	723	+	contracting agency of the state shall develop a cost-benefit analysis in 602
	724	+	accordance with the provisions of subsection (b) of this section. Such 603
	725	+	requirement shall not apply to a privatization contract for a service 604
	726	+	currently provided, in whole or in part, by a non-state entity. Any 605
	727	+	affected party may petition the State Contracting Standards Board for 606
	728	+	review of such privatization contract, in accordance with the provisions 607
	729	+	of subsections (f) to (h), inclusive, of this section. 608 Raised Bill No. 473
	730	+
	731	+
	732	+
	733	+	LCO No. 3459 21 of 60
	734	+
	735	+	(b) The cost-benefit analysis conducted by a [state] contracting 609
	736	+	agency of the state prior to entering into a privatization contract shall 610
	737	+	document the direct and indirect costs, savings, and qualitative and 611
	738	+	quantitative benefits, that will result from the implementation of such 612
	739	+	privatization contract. Such cost-benefit analysis shall specify the 613
	740	+	schedule that, at a minimum, shall be adhered to in order to achieve any 614
	741	+	estimated savings. Any cost factor shall be clearly identified in such 615
	742	+	cost-benefit analysis and supported by all applicable records and 616
	743	+	reports. The department head of such [state] contracting agency of the 617
	744	+	state shall certify that, based on the data and information, all projected 618
	745	+	costs, savings and benefits are valid and achievable. As used in this 619
	746	+	subsection, (1) "costs" means all reasonable, relevant and verifiable 620
	747	+	expenses, including salary, materials, supplies, services, equipment, 621
	748	+	capital depreciation, rent, maintenance, repairs, utilities, insurance, 622
	749	+	travel, overhead, interim and final payments and the normal cost of 623
	750	+	fringe benefits, as calculated by the Comptroller; (2) "normal cost of 624
	751	+	fringe benefits" means the amount of contributions required to fund the 625
	752	+	fringe benefits allocated to the current year of service; and (3) "savings" 626
	753	+	means the difference between the current annual direct and indirect 627
	754	+	costs of providing such service and the projected, annual direct and 628
	755	+	indirect costs of contracting to provide such services in any succeeding 629
	756	+	state fiscal year during the term of such proposed privatization contract. 630
	757	+	(c) (1) If such cost-benefit analysis identifies a cost savings to the state 631
	758	+	of ten per cent or more, and such privatization contract will not diminish 632
	759	+	the quality of such service, the [state] contracting agency of the state 633
	760	+	shall develop a business case, in accordance with the provisions of 634
	761	+	subsection (d) of this section, in order to evaluate the feasibility of 635
	762	+	entering into any such contract and to identify the potential results, 636
	763	+	effectiveness and efficiency of such contract. 637
	764	+	(2) If such cost-benefit analysis identifies a cost savings of less than 638
	765	+	ten per cent to the state and such privatization contract will not diminish 639
	766	+	the quality of such service, the [state] contracting agency of the state 640
	767	+	may develop a business case, in accordance with the provisions of 641
	768	+	subsection (d) of this section, in order to evaluate the feasibility of 642 Raised Bill No. 473
	769	+
	770	+
	771	+
	772	+	LCO No. 3459 22 of 60
	773	+
	774	+	entering into any such contract and to identify the potential results, 643
	775	+	effectiveness and efficiency of such contract, provided there is a 644
	776	+	significant public policy reason to enter into such privatization contract. 645
	777	+	Any such business case shall be approved in accordance with the 646
	778	+	provisions of subdivision (4) of subsection (h) of this section. 647
	779	+	(3) If any such proposed privatization contract would result in the 648
	780	+	layoff, transfer or reassignment of one hundred or more state agency 649
	781	+	employees, after consulting with the potentially affected bargaining 650
	782	+	units, if any, the [state] contracting agency of the state shall notify the 651
	783	+	state employees of such bargaining unit, after such cost-benefit analysis 652
	784	+	is completed. Such [state] contracting agency of the state shall provide 653
	785	+	an opportunity for [said] such employees to reduce the costs of 654
	786	+	conducting the operations to be privatized and provide reasonable 655
	787	+	resources for the purpose of encouraging and assisting such state 656
	788	+	employees to organize and submit a bid to provide the services that are 657
	789	+	the subject of the potential privatization contract. The [state] contracting 658
	790	+	agency of the state shall retain sole discretion in determining whether to 659
	791	+	proceed with the privatization contract, provided the business case for 660
	792	+	such contract is approved by the board. 661
	793	+	(d) Any business case developed by a [state] contracting agency of 662
	794	+	the state for the purpose of complying with subsection (c) of this section 663
	795	+	shall include: (1) The cost-benefit analysis as described in subsection (b) 664
	796	+	of this section, (2) a detailed description of the service or activity that is 665
	797	+	the subject of such business case, (3) a description and analysis of [the 666
	798	+	state] such contracting agency's current performance of such service or 667
	799	+	activity, (4) the goals to be achieved through the proposed privatization 668
	800	+	contract and the rationale for such goals, (5) a description of available 669
	801	+	options for achieving such goals, (6) an analysis of the advantages and 670
	802	+	disadvantages of each option, including, at a minimum, potential 671
	803	+	performance improvements and risks attendant to termination of the 672
	804	+	contract or rescission of such contract, (7) a description of the current 673
	805	+	market for the services or activities that are the subject of such business 674
	806	+	case, (8) an analysis of the quality of services as gauged by standardized 675
	807	+	measures and key performance requirements including compensation, 676 Raised Bill No. 473
	808	+
	809	+
	810	+
	811	+	LCO No. 3459 23 of 60
	812	+
	813	+	turnover, and staffing ratios, (9) a description of the specific results-677
	814	+	based performance standards that shall, at a minimum be met, to ensure 678
	815	+	adequate performance by any party performing such service or activity, 679
	816	+	(10) the projected time frame for key events from the beginning of the 680
	817	+	procurement process through the expiration of a contract, if applicable, 681
	818	+	(11) a specific and feasible contingency plan that addresses contractor 682
	819	+	nonperformance and a description of the tasks involved in and costs 683
	820	+	required for implementation of such plan, and (12) a transition plan, if 684
	821	+	appropriate, for addressing changes in the number of agency personnel, 685
	822	+	affected business processes, employee transition issues, and 686
	823	+	communications with affected stakeholders, such as agency clients and 687
	824	+	members of the public, if applicable. Such transition plan shall contain 688
	825	+	a reemployment and retraining assistance plan for employees who are 689
	826	+	not retained by the state or employed by the contractor. If the primary 690
	827	+	purpose of the proposed privatization contract is to provide a core 691
	828	+	governmental function, such business case shall also include 692
	829	+	information sufficient to rebut the presumption that such core 693
	830	+	governmental function should not be privatized. Such presumption 694
	831	+	shall not be construed to prohibit a [state] contracting agency of the state 695
	832	+	from contracting for specialized technical expertise not available within 696
	833	+	such agency, provided such agency shall retain responsibility for such 697
	834	+	core governmental function. For the purposes of this section, "core 698
	835	+	governmental function" means a function for which the primary 699
	836	+	purpose is (A) the inspection for adherence to health and safety 700
	837	+	standards because public health or safety may be jeopardized if such 701
	838	+	inspection is not done or is not done in a timely or proper manner, (B) 702
	839	+	the establishment of statutory, regulatory or contractual standards to 703
	840	+	which a regulated person, entity or state contractor shall be held, (C) the 704
	841	+	enforcement of statutory, regulatory or contractual requirements 705
	842	+	governing public health or safety, or (D) criminal or civil law 706
	843	+	enforcement. If any part of such business case is based upon evidence 707
	844	+	that the [state] contracting agency of the state is not sufficiently staffed 708
	845	+	to provide the core governmental function required by the privatization 709
	846	+	contract, the [state] contracting agency of the state shall also include 710
	847	+	within such business case a plan for remediation of the understaffing to 711 Raised Bill No. 473
	848	+
	849	+
	850	+
	851	+	LCO No. 3459 24 of 60
	852	+
	853	+	allow such services to be provided directly by the [state] contracting 712
	854	+	agency in the future. 713
	855	+	(e) Upon the completion of such business case, the [state] contracting 714
	856	+	agency of the state shall submit the business case to the State 715
	857	+	Contracting Standards Board. For any privatization contract with a 716
	858	+	projected cost that exceeds one hundred fifty million dollars annually or 717
	859	+	six hundred million dollars over the life of such contract, the [state] 718
	860	+	contracting agency of the state shall also submit such business case to 719
	861	+	the Governor, the president pro tempore of the Senate, the speaker of 720
	862	+	the House of Representatives, and any collective bargaining unit 721
	863	+	affected by the proposed privatization contract. 722
	864	+	(f) (1) There shall be a privatization contract committee of the State 723
	865	+	Contracting Standards Board that shall review, evaluate, issue advisory 724
	866	+	reports and make recommendations on business cases submitted to the 725
	867	+	board by any [state] contracting agency of the state. Such privatization 726
	868	+	contract committee shall consist of five members of the State 727
	869	+	Contracting Standards Board. Such members shall be appointed by the 728
	870	+	chairperson of the board and consist of both gubernatorial and 729
	871	+	legislative appointments, have not more than three members from any 730
	872	+	one political party, and at least one member of such committee shall 731
	873	+	have expertise in the area that is the subject of such proposed contract. 732
	874	+	The chairperson of the board, or the chairperson's designee shall serve 733
	875	+	as the chair of the privatization contract committee. 734
	876	+	(2) Upon receipt of any such business case from a [state] contracting 735
	877	+	agency of the state, the State Contracting Standards Board shall 736
	878	+	immediately refer such business case to such privatization contract 737
	879	+	committee. The privatization contract committee shall employ a 738
	880	+	standard process for reviewing, evaluating and approving any such 739
	881	+	business cases. Such process shall include due consideration of: (A) The 740
	882	+	cost-benefit analysis developed by the [state] contracting agency of the 741
	883	+	state, (B) the business case developed by the [state] contracting agency 742
	884	+	of the state, including any facts, documents or other materials that are 743
	885	+	relevant to such business case, (C) any adverse effect that such 744 Raised Bill No. 473
	886	+
	887	+
	888	+
	889	+	LCO No. 3459 25 of 60
	890	+
	891	+	privatization contract may have on minority, small and women-owned 745
	892	+	businesses that do, or are attempting to do business with the state, and 746
	893	+	(D) the value of having services performed in the state and within the 747
	894	+	United States. 748
	895	+	(3) The privatization committee shall evaluate the business case and 749
	896	+	submit the committee's evaluation to the State Contracting Standards 750
	897	+	Board for review and approval. During the review or consideration of 751
	898	+	any such business case, no member of the board shall engage in any ex-752
	899	+	parte communication with any lobbyist, contractor or union 753
	900	+	representative. Unless otherwise provided in this section, a majority 754
	901	+	vote of the board shall be required to approve any such business case. 755
	902	+	(4) The business case for a privatization contract to provide a core 756
	903	+	governmental function may be approved by a two-thirds vote of the 757
	904	+	board, provided the [state] contracting agency of the state has provided 758
	905	+	sufficient evidence to rebut the presumption contained in subsection (d) 759
	906	+	of this section and there is a significant policy reason to approve such 760
	907	+	business case. In no such case shall the insufficient staffing of a [state] 761
	908	+	contracting agency of the state constitute a significant policy reason to 762
	909	+	approve a business case for a privatization contract to provide a core 763
	910	+	governmental function. 764
	911	+	(g) Each [state] contracting agency of the state that submits a business 765
	912	+	case to the board for review shall submit to the board all information, 766
	913	+	documents or other material required by the privatization contract 767
	914	+	committee to complete its review and evaluation of such business case. 768
	915	+	(h) (1) Not later than sixty days after receipt of any business case, the 769
	916	+	State Contracting Standards Board shall transmit a report detailing its 770
	917	+	review, evaluation and disposition regarding such business case to the 771
	918	+	[state] contracting agency of the state that submitted such business case 772
	919	+	and, in the case of a privatization contract with a projected cost of one 773
	920	+	hundred fifty million dollars or more annually, or six hundred million 774
	921	+	dollars or more over the life of the contract, concomitantly transmit such 775
	922	+	report to the Governor, the president pro tempore of the Senate, the 776 Raised Bill No. 473
	923	+
	924	+
	925	+
	926	+	LCO No. 3459 26 of 60
	927	+
	928	+	speaker of the House of Representatives and any collective bargaining 777
	929	+	unit affected by the proposed privatization contract. Such sixty-day 778
	930	+	period may be extended for an additional thirty days upon a majority 779
	931	+	vote of the board or the privatization contract committee and for good 780
	932	+	cause shown. 781
	933	+	(2) The board's report shall include the business case prepared by the 782
	934	+	[state] contracting agency of the state, the evaluation of the business case 783
	935	+	prepared by the privatization contract committee, the reasons for 784
	936	+	approval or disapproval, any recommendations of the board and 785
	937	+	sufficient information to assist the [state] contracting agency of the state 786
	938	+	in determining if additional steps are necessary to move forward with a 787
	939	+	privatization contract. 788
	940	+	(3) If the State Contracting Standards Board does not act on a business 789
	941	+	case submitted by a [state] contracting agency of the state within sixty 790
	942	+	days of receipt of such business case, such business case shall be deemed 791
	943	+	approved, except that no business case may be approved for failure of 792
	944	+	the board to meet. 793
	945	+	(4) In the case of a business case developed pursuant to subdivision 794
	946	+	(2) of subsection (c) of this section, a two-thirds vote of the board shall 795
	947	+	be required for approval of such privatization contract. 796
	948	+	(5) Any [state] contracting agency of the state may request an 797
	949	+	expedited review of a business case submitted to the board if there is a 798
	950	+	compelling public interest for such expedited review. If the board 799
	951	+	approves the agency's request for such an expedited review, such 800
	952	+	review shall be completed not later than thirty days after receipt of such 801
	953	+	request. If the board fails to complete an expedited review within thirty 802
	954	+	days of receipt of a request that was approved by the board, such 803
	955	+	business case shall be deemed to be approved. 804
	956	+	(i) A [state] contracting agency of the state may publish notice 805
	957	+	soliciting bids for a privatization contract only after the board approves 806
	958	+	such business case, provided any privatization contract that is estimated 807
	959	+	to cost in excess of one hundred fifty million dollars annually or six 808 Raised Bill No. 473
	960	+
	961	+
	962	+
	963	+	LCO No. 3459 27 of 60
	964	+
	965	+	hundred million dollars or more over the life of the contract shall also 809
	966	+	be approved by the General Assembly prior to the [state] contracting 810
	967	+	agency soliciting bids for such contract. The General Assembly may 811
	968	+	approve any such contract as a whole by a majority vote of each house 812
	969	+	or may reject such agreement as a whole by a majority vote of either 813
	970	+	house. If the General Assembly is in session, it shall vote to approve or 814
	971	+	reject such contract not later than thirty days after such [state] 815
	972	+	contracting agency files such contract with the General Assembly. If the 816
	973	+	General Assembly is not in session when such contract is filed, it shall 817
	974	+	be submitted to the General Assembly not later than ten days after the 818
	975	+	first day of the next regular session or special session called for such 819
	976	+	purpose. The contract shall be deemed approved if the General 820
	977	+	Assembly fails to vote to approve or reject such contract within thirty 821
	978	+	days after such filing. Such thirty-day period shall not begin or expire 822
	979	+	unless the General Assembly is in regular session. For the purpose of 823
	980	+	this subsection, any contract filed with the clerks within thirty days 824
	981	+	before the commencement of a regular session of the General Assembly 825
	982	+	shall be deemed to be filed on the first day of such session. 826
	983	+	(j) Each [state] contracting agency of the state shall submit, in writing, 827
	984	+	to the State Contracting Standards Board, any proposed amendment to 828
	985	+	a board-approved business case in order that the board may review and 829
	986	+	approve of such proposed amendment. The board may approve or 830
	987	+	disapprove of any such proposed amendment not later than thirty days 831
	988	+	after receipt of such proposed amendment by the same vote that was 832
	989	+	required for approval of the original business case. If the board fails to 833
	990	+	complete its review within thirty days of receipt of such proposed 834
	991	+	amendment, such amendment shall be deemed approved. 835
	992	+	(k) Not later than thirty days after a decision of the board to approve 836
	993	+	a business case, any collective bargaining agent of any employee 837
	994	+	adversely affected by such proposed privatization contract may file a 838
	995	+	motion for an order to show cause in the superior court for the judicial 839
	996	+	district of Hartford on the grounds that such contract fails to comply 840
	997	+	with the substantive or procedural requirements of this section. A ruling 841
	998	+	on any such motion may: (1) Deny the motion; (2) grant the motion if 842 Raised Bill No. 473
	999	+
	1000	+
	1001	+
	1002	+	LCO No. 3459 28 of 60
	1003	+
	1004	+	the court finds that the proposed contract would substantively violate 843
	1005	+	the provisions of this section; or (3) stay the effective date of the contract 844
	1006	+	until any substantive or procedural defect found by the court has been 845
	1007	+	corrected. 846
	1008	+	(l) (1) The board may review additional existing privatization 847
	1009	+	contracts and shall review not less than one contracting area each year 848
	1010	+	that is currently privatized. During the review of any such privatization 849
	1011	+	contract, no member of the board shall engage in any ex-parte 850
	1012	+	communication with any lobbyist, contractor or union representative. 851
	1013	+	For each such privatization contract selected for review by the board, 852
	1014	+	the appropriate [state] contracting agency shall develop a cost-benefit 853
	1015	+	analysis in accordance with subsection (b) of this section. In addition, 854
	1016	+	any affected party may petition the board for review of any existing 855
	1017	+	privatization contract, in accordance with the provisions of subsections 856
	1018	+	(f) to (h), inclusive, of this section. 857
	1019	+	(2) If such cost-benefit analysis identifies a ten per cent or more cost 858
	1020	+	savings to the state from the use of such privatization contract and such 859
	1021	+	contract does not diminish the quality of the service provided, such 860
	1022	+	[state] contracting agency shall develop a business case for the renewal 861
	1023	+	of such privatization contract in accordance with the provisions of 862
	1024	+	subsections (d) and (e) of this section. The board shall review such 863
	1025	+	contract in accordance with the provisions of subsections (f) to (h), 864
	1026	+	inclusive, of this section and may approve such renewal by the 865
	1027	+	applicable vote of the board, provided any such renewal that is 866
	1028	+	estimated to cost in excess of one hundred fifty million dollars annually 867
	1029	+	or six hundred million dollars or more over the life of the contract shall 868
	1030	+	also be approved by the General Assembly prior to the [state] 869
	1031	+	contracting agency renewing such contract. If such renewal is approved 870
	1032	+	by the board and the General Assembly, if applicable, the provisions of 871
	1033	+	subsection (j) of this section shall apply to any proposed amendment to 872
	1034	+	such contract. 873
	1035	+	(3) If such cost-benefit analysis identifies a cost savings to the state of 874
	1036	+	less than ten per cent, such [state] contracting agency shall prepare a 875 Raised Bill No. 473
	1037	+
	1038	+
	1039	+
	1040	+	LCO No. 3459 29 of 60
	1041	+
	1042	+	plan to have such service provided by state employees and shall begin 876
	1043	+	to implement such plan, provided: (A) While such plan is prepared, but 877
	1044	+	prior to implementation of such plan, such [state] contracting agency 878
	1045	+	may develop a business case for such privatization contract, in 879
	1046	+	accordance with the provisions of subsection (d) of this section, that 880
	1047	+	achieves a cost savings to the state of ten per cent or more. Any such 881
	1048	+	business case shall be reviewed by the board in accordance with the 882
	1049	+	provisions of subsections (f) to (h), inclusive, of this section, and may be 883
	1050	+	approved by the applicable vote of the board; (B) such privatization 884
	1051	+	contract shall not be renewed with the vendor currently providing such 885
	1052	+	service unless: (i) There exists a significant public interest in renewing 886
	1053	+	such contract, and (ii) such renewal is approved by a two-thirds vote of 887
	1054	+	the board; (C) the [state] contracting agency of the state may enter into 888
	1055	+	a contract with a term of one year or less for the provision of such service 889
	1056	+	until such [state] contracting agency implements such plan; and (D) the 890
	1057	+	procedure for the transfer of funds from the General Fund, as described 891
	1058	+	in section 4-94, may be utilized to allocate necessary resources for the 892
	1059	+	implementation of the provisions of this subdivision. 893
	1060	+	(4) Notwithstanding the provisions of subdivision (3) of this 894
	1061	+	subsection, the renewal of a privatization contract with a nonprofit 895
	1062	+	organization shall not be denied if the cost of increasing compensation 896
	1063	+	to employees performing the privatized service is the sole cause for such 897
	1064	+	contract not achieving a cost savings to the state of ten per cent or more. 898
	1065	+	(m) The Office of Policy and Management, in consultation with the 899
	1066	+	State Contracting Standards Board, shall: (1) Develop policies and 900
	1067	+	procedures, including templates for use by [state] contracting agencies 901
	1068	+	of the state for the development of a cost-benefit analysis, as described 902
	1069	+	in subsection (b) of this section, and (2) review with each [state] 903
	1070	+	contracting agency of the state the budgetary impact of any such 904
	1071	+	privatization contract and the need to request budget adjustments in 905
	1072	+	connection with any such privatization contract. 906
	1073	+	(n) The State Contracting Standards Board, in consultation with the 907
	1074	+	Department of Administrative Services, shall: (1) Recommend and 908 Raised Bill No. 473
	1075	+
	1076	+
	1077	+
	1078	+	LCO No. 3459 30 of 60
	1079	+
	1080	+	implement standards and procedures for [state] contracting agencies of 909
	1081	+	the state to develop business cases in connection with privatization 910
	1082	+	contracts, including templates for use by [state] such contracting 911
	1083	+	agencies when submitting business cases to the board, and policies and 912
	1084	+	procedures to guide [state] such contracting agencies to complete such 913
	1085	+	business cases, and (2) develop guidelines and procedures for assisting 914
	1086	+	state employees whose jobs are affected by a privatization contract. 915
	1087	+	(o) Notwithstanding the provisions of subsections (a) and (i) of this 916
	1088	+	section, a [state] contracting agency of the state may enter into a 917
	1089	+	privatization contract without development of a cost-benefit analysis or 918
	1090	+	approval of a business case by the State Contracting Standards Board if 919
	1091	+	(1) the [state] contracting agency finds that a privatization contract is 920
	1092	+	required (A) due to an imminent peril to the public health, safety or 921
	1093	+	welfare, and (B) the agency states, in writing, its reasons for such 922
	1094	+	finding; and (2) the Governor approves such finding, in writing. 923
	1095	+	(p) Prior to entering into or renewing any privatization contract that 924
	1096	+	is not subject to the provisions of subsection (a) of this section, the [state] 925
	1097	+	contracting agency of the state shall evaluate such contract to determine 926
	1098	+	if entering into or renewing such contract is the most cost-effective 927
	1099	+	method of delivering the service, by determining the costs, as defined in 928
	1100	+	subsection (b) of this section, of such service. The [state] contracting 929
	1101	+	agency shall perform such evaluation in accordance with a template 930
	1102	+	prescribed by the Secretary of the Office of Policy and Management and 931
	1103	+	such evaluation shall be subject to verification by the secretary. The 932
	1104	+	secretary may waive the requirement for an evaluation of cost-933
	1105	+	effectiveness under this subsection upon a finding by the secretary that 934
	1106	+	exigent or emergent circumstances necessitate such waiver. 935
	1107	+	(q) Nothing in this section shall be construed to apply to 936
	1108	+	procurements that involve the expenditure of federal assistance or 937
	1109	+	federal contract funds, provided federal law provides applicable 938
	1110	+	procurement procedures that are inconsistent with the requirements of 939
	1111	+	this section. 940 Raised Bill No. 473
	1112	+
	1113	+
	1114	+
	1115	+	LCO No. 3459 31 of 60
	1116	+
	1117	+	Sec. 14. Section 4e-17 of the general statutes is repealed and the 941
	1118	+	following is substituted in lieu thereof (Effective July 1, 2022): 942
	1119	+	(a) Except as otherwise provided, the provisions of sections [4e-16] 943
	1120	+	4e-18 to 4e-47, inclusive, as amended by this act, shall apply to all 944
	1121	+	contracts solicited or entered into by [state] contracting agencies after 945
	1122	+	June 1, 2010 and the provisions of section 4e-16, as amended by this act, 946
	1123	+	shall apply to all contracts solicited or entered into by a contracting 947
	1124	+	agency of the state after June 1, 2010. 948
	1125	+	(b) Except as otherwise provided, the provisions of sections 4e-16 to 949
	1126	+	4e-47, inclusive, as amended by this act, shall apply to every 950
	1127	+	expenditure of public funds by any [state] contracting agency, 951
	1128	+	irrespective of their source, involving any state, quasi-public or 952
	1129	+	municipal contracting and procurement processes, including, but not 953
	1130	+	limited to, leasing and property transfers, purchasing or leasing of 954
	1131	+	supplies, materials or equipment, consultant or consultant services, 955
	1132	+	personal service agreements, purchase of service agreements or 956
	1133	+	privatization contracts, as defined in section 4e-1, as amended by this 957
	1134	+	act, and, relating to contracts for the construction, reconstruction, 958
	1135	+	alteration, remodeling, repair or demolition of any public building, 959
	1136	+	bridge or road, provided the provisions of section 4e-16, as amended by 960
	1137	+	this act, or involving privatization contracts shall only apply to 961
	1138	+	contracting agencies of the state. 962
	1139	+	(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 963
	1140	+	act, shall be construed to require the application of procurement statutes 964
	1141	+	or regulations to a procurement that involves the expenditure of federal 965
	1142	+	assistance or federal contract funds if federal law provides procurement 966
	1143	+	procedures applicable to the expenditure of such funds, to the extent 967
	1144	+	such federal procedures are inconsistent with state procurement 968
	1145	+	statutes or regulations. 969
	1146	+	Sec. 15. Section 4e-18 of the general statutes is repealed and the 970
	1147	+	following is substituted in lieu thereof (Effective July 1, 2022): 971
	1148	+	For the purpose of obtaining supplies, materials, equipment or 972 Raised Bill No. 473
	1149	+
	1150	+
	1151	+
	1152	+	LCO No. 3459 32 of 60
	1153	+
	1154	+	contractual services, except infrastructure facilities, the Commissioner 973
	1155	+	of Administrative Services shall establish a requisition system to be used 974
	1156	+	by [state] contracting agencies of the state to initiate and authorize the 975
	1157	+	procurement process. Such system shall be approved by the State 976
	1158	+	Contracting Standards Board. 977
	1159	+	Sec. 16. Section 4e-19 of the general statutes is repealed and the 978
	1160	+	following is substituted in lieu thereof (Effective July 1, 2022): 979
	1161	+	(a) All purchases of, and contracts for, supplies, materials, equipment 980
	1162	+	and contractual services by any [state] contracting agency, except 981
	1163	+	purchases and contracts made pursuant to the provisions of section 4e-982
	1164	+	23, shall be awarded by one of the following methods, unless otherwise 983
	1165	+	authorized by law: 984
	1166	+	(1) Competitive sealed bidding; 985
	1167	+	(2) Competitive sealed proposals; 986
	1168	+	(3) Small purchase procedure; 987
	1169	+	(4) Sole source procurement; 988
	1170	+	(5) Emergency procurements; or 989
	1171	+	(6) Waiver of bid or proposal requirement for extraordinary 990
	1172	+	conditions. 991
	1173	+	(b) Not later than June 1, 2010, the State Contracting Standards Board 992
	1174	+	shall adopt regulations, in accordance with the provisions of chapter 54, 993
	1175	+	to define each of the methods listed in subsection (a) of this section, 994
	1176	+	establish the circumstances in which each such method shall be used by 995
	1177	+	[state] contracting agencies, and establish the processes and criteria by 996
	1178	+	which purchases and contracts shall be awarded in accordance with 997
	1179	+	each such method. 998
	1180	+	Sec. 17. Section 4e-21 of the general statutes is repealed and the 999
	1181	+	following is substituted in lieu thereof (Effective July 1, 2022): 1000 Raised Bill No. 473
	1182	+
	1183	+
	1184	+
	1185	+	LCO No. 3459 33 of 60
	1186	+
	1187	+	(a) Not later than January 1, 2010, the State Contracting Standards 1001
	1188	+	Board, in consultation with the Department of Administrative Services, 1002
	1189	+	shall adopt regulations to establish small purchase procedures for 1003
	1190	+	procurements that do not exceed fifty thousand dollars. Such 1004
	1191	+	regulations shall include a prohibition on the artificial division of a 1005
	1192	+	procurement in order to make use of such small procurement 1006
	1193	+	procedures. 1007
	1194	+	(b) The State Contracting Standards Board, in consultation with the 1008
	1195	+	Commissioner of Administrative Services, may determine that a [state] 1009
	1196	+	contracting agency has artificially divided procurement requirements so 1010
	1197	+	as to constitute a small purchase under this section and, upon such 1011
	1198	+	determination shall prohibit the [state] contracting agency from 1012
	1199	+	utilizing such small purchase procedures. 1013
	1200	+	(c) The State Contracting Standards Board, in consultation with the 1014
	1201	+	Commissioner of Administrative Services, may waive the requirement 1015
	1202	+	of competitive bidding or competitive negotiation in the case of minor, 1016
	1203	+	nonrecurring or emergency purchases of ten thousand dollars or less in 1017
	1204	+	amount, upon application of the contracting agency. Any contracting 1018
	1205	+	agency that obtains such a waiver for such an emergency purchase shall 1019
	1206	+	post notice of such emergency purchase on the Internet web site of the 1020
	1207	+	contracting agency prior to making such emergency purchase. 1021
	1208	+	Sec. 18. Section 4e-24 of the general statutes is repealed and the 1022
	1209	+	following is substituted in lieu thereof (Effective July 1, 2022): 1023
	1210	+	[Not later than June 1, 2010, the State Contracting Standards Board, 1024
	1211	+	in consultation with the Commissioner of Administrative Services and 1025
	1212	+	any other appropriate award authority, shall adopt regulations, in 1026
	1213	+	accordance with the provisions of chapter 54, permitting] (a) If an 1027
	1214	+	emergency [procurements when there exists] procurement is deemed 1028
	1215	+	necessary by a contracting agency due to a threat to public health, 1029
	1216	+	welfare or safety, the contracting agency shall give notice to the board 1030
	1217	+	of the need for such emergency procurement. Such emergency 1031
	1218	+	procurements shall be made with competition, as is practicable under 1032 Raised Bill No. 473
	1219	+
	1220	+
	1221	+
	1222	+	LCO No. 3459 34 of 60
	1223	+
	1224	+	the circumstances. [Said regulations shall require that] The contracting 1033
	1225	+	agency shall (1) include a written determination of the basis for the 1034
	1226	+	emergency and for the selection of the particular contractor [be 1035
	1227	+	included] in the contract file, [and transmitted] (2) transmit such 1036
	1228	+	determination to the Governor, the president pro tempore of the Senate, 1037
	1229	+	the majority and minority leaders of the Senate, the speaker of the House 1038
	1230	+	of Representatives and the majority and minority leaders of the House 1039
	1231	+	of Representatives, and (3) post such determination on the Internet web 1040
	1232	+	site of the contracting agency. 1041
	1233	+	(b) The State Contracting Standards Board may adopt regulations in 1042
	1234	+	accordance with the provisions of chapter 54 to implement the 1043
	1235	+	provisions of this section. 1044
	1236	+	Sec. 19. Subsection (d) of section 4b-51 of the general statutes is 1045
	1237	+	repealed and the following is substituted in lieu thereof (Effective July 1, 1046
	1238	+	2022): 1047
	1239	+	(d) (1) Notwithstanding any provision of the general statutes, the 1048
	1240	+	Commissioner of Administrative Services may select consultants to be 1049
	1241	+	on a list established for the purpose of providing any consultant 1050
	1242	+	services. Such list shall be established as provided in sections 4b-56 and 1051
	1243	+	4b-57, as amended by this act. [The] In the case of an emergency 1052
	1244	+	procurement due to a threat to public health, welfare or safety, the 1053
	1245	+	commissioner may enter into a contract with any consultant on such list 1054
	1246	+	without inviting responses from such consultants to perform a range of 1055
	1247	+	consultant services or to perform a range of tasks pursuant to a task 1056
	1248	+	letter detailing services to be performed under such contract. 1057
	1249	+	(2) Notwithstanding any provision of the general statutes, the 1058
	1250	+	Commissioner of Administrative Services may (A) compile a list of 1059
	1251	+	architects, professional engineers and construction administrators for 1060
	1252	+	the limited purpose of providing consultant services for a particular 1061
	1253	+	program involving various projects for the construction of new 1062
	1254	+	buildings or renovations to existing buildings where such buildings are 1063
	1255	+	under the operation and control of either the Military Department or the 1064 Raised Bill No. 473
	1256	+
	1257	+
	1258	+
	1259	+	LCO No. 3459 35 of 60
	1260	+
	1261	+	Department of Energy and Environmental Protection, and (B) in the case 1065
	1262	+	of an emergency procurement due to a threat to public health, welfare 1066
	1263	+	or safety, enter into a contract with any architect, professional engineer 1067
	1264	+	or construction administrator on such list for such limited purpose 1068
	1265	+	without inviting responses from the persons on such list, except that the 1069
	1266	+	Adjutant General may perform the functions described in 1070
	1267	+	subparagraphs (A) and (B) of this subdivision for any such building 1071
	1268	+	under the operation and control of the Military Department. 1072
	1269	+	(3) As used in this subsection, "consultant" means "consultant" as 1073
	1270	+	defined in section 4b-55, "consultant services" means "consultant 1074
	1271	+	services" as defined in section 4b-55, and "program" means multiple 1075
	1272	+	projects involving the planning, design, construction, repair, 1076
	1273	+	improvement or expansion of specified buildings, facilities or site 1077
	1274	+	improvements, wherein the work (A) will be of a repetitive nature, (B) 1078
	1275	+	will share a common funding source that imposes particular 1079
	1276	+	requirements, or (C) would be significantly facilitated if completed by 1080
	1277	+	the same design professional or construction administrator. 1081
	1278	+	Sec. 20. Subsection (a) of section 4b-57 of the general statutes is 1082
	1279	+	repealed and the following is substituted in lieu thereof (Effective July 1, 1083
	1280	+	2022): 1084
	1281	+	(a) Whenever consultant services are required by the commissioner 1085
	1282	+	in fulfilling the responsibilities under section 4b-1, and in the case of 1086
	1283	+	each project, the commissioner shall invite responses from such firms by 1087
	1284	+	posting notice on the State Contracting Portal, except that in the case of 1088
	1285	+	an emergency procurement, the commissioner may receive consultant 1089
	1286	+	services under a contract entered into pursuant to subsection (d) of 1090
	1287	+	section 4b-51, as amended by this act. The commissioner shall prescribe, 1091
	1288	+	by regulations adopted in accordance with chapter 54, the advance 1092
	1289	+	notice required for, the manner of submission, and conditions and 1093
	1290	+	requirements of, such responses. 1094
	1291	+	Sec. 21. Subsection (g) of section 4b-91 of the 2022 supplement to the 1095
	1292	+	general statutes is repealed and the following is substituted in lieu 1096 Raised Bill No. 473
	1293	+
	1294	+
	1295	+
	1296	+	LCO No. 3459 36 of 60
	1297	+
	1298	+	thereof (Effective July 1, 2022): 1097
	1299	+	(g) Notwithstanding the provisions of this chapter regarding 1098
	1300	+	competitive bidding procedures, in the case of an emergency 1099
	1301	+	procurement due to a threat to public health, welfare or safety, the 1100
	1302	+	commissioner may select and interview at least three responsible and 1101
	1303	+	qualified general contractors who are prequalified pursuant to section 1102
	1304	+	4a-100 and submit the three selected contractors to the construction 1103
	1305	+	services award panels process described in section 4b-100a and any 1104
	1306	+	regulation adopted by the commissioner. The commissioner may 1105
	1307	+	negotiate with the successful bidder a contract which is both fair and 1106
	1308	+	reasonable to the state for a community court project, the downtown 1107
	1309	+	Hartford higher education center project, a correctional facility project, 1108
	1310	+	a juvenile residential center project, or a student residential facility for 1109
	1311	+	the Connecticut State University System that is a priority higher 1110
	1312	+	education facility project. The Commissioner of Administrative 1111
	1313	+	Services, prior to entering any such contract or performing any work on 1112
	1314	+	such project, shall submit such contract to the State Properties Review 1113
	1315	+	Board for review and approval or disapproval by the board, pursuant 1114
	1316	+	to subsection (i) of this section. Any general contractor awarded a 1115
	1317	+	contract pursuant to this subsection shall be subject to the same 1116
	1318	+	requirements concerning the furnishing of bonds as a contractor 1117
	1319	+	awarded a contract pursuant to subsection (b) of this section. 1118
	1320	+	Sec. 22. Section 4e-25 of the general statutes is repealed and the 1119
	1321	+	following is substituted in lieu thereof (Effective July 1, 2022): 1120
	1322	+	A [state] contracting agency may request factual information 1121
	1323	+	reasonably available to the bidder or proposer to substantiate that the 1122
	1324	+	price or cost offered, or some portion of it, is reasonable. 1123
	1325	+	Sec. 23. Section 4e-27 of the general statutes is repealed and the 1124
	1326	+	following is substituted in lieu thereof (Effective July 1, 2022): 1125
	1327	+	Not later than June 1, 2010, the State Contracting Standards Board, in 1126
	1328	+	consultation with the Attorney General, shall adopt regulations, in 1127
	1329	+	accordance with the provisions of chapter 54, specifying the types of 1128 Raised Bill No. 473
	1330	+
	1331	+
	1332	+
	1333	+	LCO No. 3459 37 of 60
	1334	+
	1335	+	contracts that may be used by [state] contracting agencies. Such 1129
	1336	+	regulations shall specify that a cost-reimbursement contract may be 1130
	1337	+	used only when a determination is made in writing by the agency 1131
	1338	+	procurement officer that such contract is likely to be less costly to the 1132
	1339	+	state, quasi-public agency or municipality than any other type or that it 1133
	1340	+	is impracticable to obtain the supplies, services or construction required 1134
	1341	+	except under such a contract. 1135
	1342	+	Sec. 24. Section 4e-28 of the general statutes is repealed and the 1136
	1343	+	following is substituted in lieu thereof (Effective July 1, 2022): 1137
	1344	+	Not later than June 1, 2010, the State Contracting Standards Board 1138
	1345	+	shall adopt regulations, in accordance with the provisions of chapter 54, 1139
	1346	+	requiring that contractors submit appropriate documentation to the 1140
	1347	+	appropriate [state] contracting agency, prior to the award of a contract, 1141
	1348	+	to confirm that the proposed contractor's accounting system will permit 1142
	1349	+	timely development of all necessary cost data in the form required by 1143
	1350	+	the specific contract type. 1144
	1351	+	Sec. 25. Section 4e-29 of the general statutes is repealed and the 1145
	1352	+	following is substituted in lieu thereof (Effective July 1, 2022): 1146
	1353	+	Each contract of a [state] contracting agency shall provide that [a 1147
	1354	+	state] such contracting agency may, at reasonable times, inspect the part 1148
	1355	+	of the plant or place of business of a contractor or any subcontractor 1149
	1356	+	which is related to the performance of any such contract awarded, or to 1150
	1357	+	be awarded by the [state] contracting agency, to ensure compliance with 1151
	1358	+	the contract. 1152
	1359	+	Sec. 26. Section 4e-30 of the 2022 supplement to the general statutes 1153
	1360	+	is repealed and the following is substituted in lieu thereof (Effective July 1154
	1361	+	1, 2022): 1155
	1362	+	(a) A [state] contracting agency may audit the books and records of a 1156
	1363	+	contractor or any subcontractor under any negotiated contract or 1157
	1364	+	subcontract to the extent that such books and records relate to the 1158
	1365	+	performance of such contract or subcontract. Such books and records 1159 Raised Bill No. 473
	1366	+
	1367	+
	1368	+
	1369	+	LCO No. 3459 38 of 60
	1370	+
	1371	+	shall be maintained by the contractor for a period of three years from 1160
	1372	+	the date of final payment under the prime contract and by the 1161
	1373	+	subcontractor for a period of three years from the expiration of the 1162
	1374	+	subcontract. 1163
	1375	+	(b) If a [state] contracting agency enters into an amendment to any 1164
	1376	+	negotiated contract or subcontract that extends the terms of such 1165
	1377	+	contract or subcontract, the amendment shall be deemed a new and 1166
	1378	+	separate negotiated contract for the purposes of this section. The books 1167
	1379	+	and records of a contractor or any subcontractor related to the 1168
	1380	+	performance of such amendment shall be maintained by the contractor 1169
	1381	+	or subcontractor from the commencement of such amendment until a 1170
	1382	+	period of three years from the date of final payment under such 1171
	1383	+	amendment or the date of expiration of such amendment, whichever is 1172
	1384	+	later. 1173
	1385	+	Sec. 27. Section 4e-31 of the general statutes is repealed and the 1174
1415	1386		following is substituted in lieu thereof (Effective July 1, 2022): 1175
1416		-	Each [state] contracting agency shall retain and dispose of all 1176
1417		-	procurement records in accordance with records retention guidelines 1177
1418		-	and schedules approved by the Public Records Administrator. 1178
1419		-	Sec. 29. Section 4e-33 of the general statutes is repealed and the 1179
1420		-	following is substituted in lieu thereof (Effective July 1, 2022): 1180
1421		-	The agency procurement officer of each [state] contracting agency 1181
1422		-	shall maintain a record that lists all contracts awarded pursuant to 1182
1423		-	section 4e-21, as amended by this act, and the regulations adopted under 1183 Substitute Bill No. 473
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1429		-
1430		-	section 4e-23 for a minimum of five years after the date of any such 1184
1431		-	award. Such record shall contain: 1185
1432		-	(1) Each contractor's name; 1186
1433		-	(2) The amount and type of each contract; and 1187
1434		-	(3) A listing of the supplies, services or construction procured under 1188
1435		-	each contract. 1189
1436		-	Sec. 30. Section 4e-34 of the general statutes is repealed and the 1190
1437		-	following is substituted in lieu thereof (Effective July 1, 2022): 1191
1438		-	(a) After reasonable notice and hearing and consultation with the 1192
1439		-	relevant [state] contracting agency and the Attorney General, the State 1193
1440		-	Contracting Standards Board, acting through a subcommittee of three 1194
1441		-	members, appointed by the chairperson, which subcommittee shall 1195
1442		-	include not less than one legislative appointee, may disqualify any 1196
1443		-	contractor, bidder or proposer, for a period of not more than five years, 1197
1444		-	from bidding on, applying for or participating as a contractor or 1198
1445		-	subcontractor under, contracts with the state or quasi-public agencies. 1199
1446		-	Such disqualification shall be upon the vote of two-thirds of the 1200
1447		-	members of the subcommittee present and voting for that purpose. Such 1201
1448		-	hearing shall be conducted in accordance with the provisions of chapter 1202
1449		-	54. The subcommittee shall issue a written recommendation not later 1203
1450		-	than sixty days after the conclusion of such hearing, and shall state the 1204
1451		-	reason for the recommended action and, if the disqualification is 1205
1452		-	recommended, the period of time the contractor, bidder or proposer 1206
1453		-	shall be disqualified. In determining whether to disqualify a contractor, 1207
1454		-	bidder or proposer, the subcommittee shall consider the seriousness of 1208
1455		-	the acts or omissions of the contractor, bidder or proposer and any 1209
1456		-	mitigating factors. Such recommendation shall be submitted to the 1210
1457		-	board for action and sent to the contractor by certified mail, return 1211
1458		-	receipt requested. If disqualification is recommended, the contractor 1212
1459		-	shall have thirty days to submit comments to the board. Upon receipt of 1213
1460		-	the proposed recommendation by the subcommittee, the board shall 1214 Substitute Bill No. 473
1461		-
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1466		-
1467		-	issue a written decision either adopting, rejecting or modifying the 1215
1468		-	subcommittee's recommendation. Such decision shall be issued not later 1216
1469		-	than thirty days after receipt by the board of the contractor's comments, 1217
1470		-	if any. The board shall send the decision to the contractor by certified 1218
1471		-	mail, return receipt requested. The written decision shall be a final 1219
1472		-	decision for purposes of sections 4-180 and 4-183. 1220
1473		-	(b) Causes for such disqualification shall include the following: 1221
1474		-	(1) Conviction of, or entry of a plea of guilty or nolo contendere or 1222
1475		-	admission to, the commission of a criminal offense as an incident to 1223
1476		-	obtaining or attempting to obtain a public or private contract or 1224
1477		-	subcontract, or in the performance of such contract or subcontract; 1225
1478		-	(2) Conviction of, or entry of a plea of guilty or nolo contendere or 1226
1479		-	admission to, the violation of any state or federal law for embezzlement, 1227
1480		-	theft, forgery, bribery, falsification or destruction of records, receiving 1228
1481		-	stolen property or any other offense indicating a lack of business 1229
1482		-	integrity or business honesty which affects responsibility as a [state] 1230
1483		-	contractor with the state or a quasi-public agency; 1231
1484		-	(3) Conviction of, or entry of a plea of guilty or nolo contendere or 1232
1485		-	admission to, a violation of any state or federal antitrust, collusion or 1233
1486		-	conspiracy law arising out of the submission of bids or proposals on a 1234
1487		-	public or private contract or subcontract; 1235
1488		-	(4) Accumulation of two or more suspensions pursuant to section 4e-1236
1489		-	35, as amended by this act, within a twenty-four-month period; 1237
1490		-	(5) A wilful, negligent or reckless failure to perform in accordance 1238
1491		-	with the terms of one or more contracts or subcontracts, agreements or 1239
1492		-	transactions with [state] contracting agencies; 1240
1493		-	(6) A history of failure to perform or of unsatisfactory performance 1241
1494		-	on one or more public contracts, agreements or transactions with [state] 1242
1495		-	contracting agencies; 1243 Substitute Bill No. 473
1496		-
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1501		-
1502		-	(7) A wilful violation of a statutory or regulatory provision or 1244
1503		-	requirement applicable to a contract, agreement or transaction with 1245
1504		-	[state] contracting agencies; 1246
1505		-	(8) A wilful or egregious violation of the ethical standards set forth in 1247
1506		-	sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 1248
1507		-	Advisory Board; or 1249
1508		-	(9) Any other cause or conduct the board determines to be so serious 1250
1509		-	and compelling as to affect responsibility as a [state] contractor, 1251
1510		-	including, but not limited to: 1252
1511		-	(A) Disqualification by another state for cause; 1253
1512		-	(B) The fraudulent or criminal conduct of any officer, director, 1254
1513		-	shareholder, partner, employee or other individual associated with a 1255
1514		-	contractor, bidder or proposer of such contractor, bidder or proposer, 1256
1515		-	provided such conduct occurred in connection with the individual's 1257
1516		-	performance of duties for or on behalf of such contractor, bidder or 1258
1517		-	proposer and such contractor, bidder or proposer knew or had reason 1259
1518		-	to know of such conduct; 1260
1519		-	(C) The existence of an informal or formal business relationship with 1261
1520		-	a contractor who has been disqualified from bidding or proposing on 1262
1521		-	[state] contracts of any [state] contracting agency. 1263
1522		-	(c) Upon written request by the affected [state] contractor, bidder or 1264
1523		-	proposer, the State Contracting Standards Board may reduce the period 1265
1524		-	or extent of disqualification for a contractor, bidder or proposer if 1266
1525		-	documentation supporting any of the following reasons for 1267
1526		-	modification is provided to the board by the contractor, bidder or 1268
1527		-	proposer: 1269
1528		-	(1) Newly discovered material evidence; 1270
1529		-	(2) Reversal of the conviction upon which the disqualification was 1271
1530		-	based; 1272 Substitute Bill No. 473
1531		-
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1536		-
1537		-	(3) Bona fide change in ownership or management; or 1273
1538		-	(4) Elimination of other causes for which the disqualification was 1274
1539		-	imposed. 1275
1540		-	Sec. 31. Section 4e-35 of the general statutes is repealed and the 1276
1541		-	following is substituted in lieu thereof (Effective July 1, 2022): 1277
1542		-	(a) For purposes of this section and sections 4e-37 and 4e-38, as 1278
1543		-	amended by this act, "contracting agency of the state" does not include 1279
1544		-	a quasi-public agency. After reasonable notice and a hearing, conducted 1280
1545		-	in accordance with the provisions of chapter 54, the department head of 1281
1546		-	any [state] contracting agency of the state may suspend any contractor, 1282
1547		-	bidder or proposer for a period of not more than six months from 1283
1548		-	bidding on, applying for or performing work as a contractor or 1284
1549		-	subcontractor under, contracts with the state. The department head 1285
1550		-	shall issue a written decision not later than ninety days after the 1286
1551		-	conclusion of such hearing and state in the decision the reasons for the 1287
1552		-	action taken and, if the contractor, bidder or proposer is being 1288
1553		-	suspended, the period of such suspension. In determining whether to 1289
1554		-	suspend a contractor, bidder or proposer, the department head shall 1290
1555		-	consider the seriousness of the acts or omissions of the contractor, 1291
1556		-	bidder or proposer and any mitigating factors. The department head 1292
1557		-	shall send such decision to the contractor and the State Contracting 1293
1558		-	Standards Board by certified mail, return receipt requested. Such 1294
1559		-	decision shall be a final decision for purposes of sections 4-180 and 4-1295
1560		-	183. 1296
1561		-	(b) Causes for such suspension shall include the following: 1297
1562		-	(1) Failure without good cause to perform in accordance with 1298
1563		-	specifications or within the time limits provided in the contract; 1299
1564		-	(2) A record of failure to perform or of unsatisfactory performance in 1300
1565		-	accordance with the terms of one or more contracts, provided failure to 1301
1566		-	perform or unsatisfactory performance caused by acts beyond the 1302
1567		-	control of the contractor shall not be considered to be a basis for 1303 Substitute Bill No. 473
1568		-
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1573		-
1574		-	suspension; 1304
1575		-	(3) Any cause the complainant [state] contracting agency of the state 1305
1576		-	determines to be so serious and compelling as to affect the responsibility 1306
1577		-	of a state contractor, including suspension by another [state] contracting 1307
1578		-	agency of the state for cause; or 1308
1579		-	(4) A violation of the ethical standards set forth in section 1-84, 1-86e 1309
1580		-	or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 1310
1581		-	(c) The State Contracting Standards Board may grant an exception 1311
1582		-	permitting a suspended contractor to participate in a particular contract 1312
1583		-	or subcontract upon a written determination by the board that there is 1313
1584		-	good cause for such exception and that such exception is in the best 1314
1585		-	interest of the state. 1315
1586		-	(d) The department head of each [state] contracting agency of the 1316
1587		-	state shall conduct reviews of contractors and shall file reports 1317
1588		-	pertaining to any of the reasons set forth in this section that may be the 1318
1589		-	basis for disqualification. 1319
1590		-	Sec. 32. Subsections (g) to (i), inclusive, of section 4e-37 of the general 1320
1591		-	statutes are repealed and the following is substituted in lieu thereof 1321
1592		-	(Effective July 1, 2022): 1322
1593		-	(g) In the event that the appeals review subcommittee or the board 1323
1594		-	determines that a procedural violation occurred, or that allegations of 1324
1595		-	an unauthorized or unwarranted, noncompetitive selection process 1325
1596		-	have been substantiated, the board shall direct the [state] contracting 1326
1597		-	agency of the state to take corrective action not later than thirty days 1327
1598		-	after the date of the subcommittee's or board's decision, as applicable. 1328
1599		-	(h) In the event such appeal is found to be frivolous by the appeals 1329
1600		-	review subcommittee or the full board, such frivolous appeal may serve 1330
1601		-	as a basis for disqualification pursuant to section 4e-34, as amended by 1331
1602		-	this act. 1332 Substitute Bill No. 473
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1608		-
1609		-	(i) Any three members of the board may request a full board review 1333
1610		-	of any contract deliberation or award process of a [state] contracting 1334
1611		-	agency. 1335
1612		-	Sec. 33. Section 4e-38 of the general statutes is repealed and the 1336
1613		-	following is substituted in lieu thereof (Effective July 1, 2022): 1337
1614		-	The State Contracting Standards Board shall issue a decision in 1338
1615		-	writing or take other appropriate action on each appeal submitted 1339
1616		-	pursuant to section 4e-37, as amended by this act. A copy of any decision 1340
1617		-	shall be provided to all parties, the department head of the [state] 1341
1618		-	contracting agency of the state and the Chief Procurement Officer. 1342
1619		-	Sec. 34. Section 4e-39 of the general statutes is repealed and the 1343
1620		-	following is substituted in lieu thereof (Effective July 1, 2022): 1344
1621		-	If, prior to award, it is determined by the State Contracting Standards 1345
1622		-	Board that a solicitation or proposed award of a contract by a [state] 1346
1623		-	contracting agency is in violation of law, then the solicitation or 1347
1624		-	proposed award shall be: 1348
1625		-	(1) Cancelled; or 1349
1626		-	(2) Revised to comply with the law. 1350
1627		-	Sec. 35. Section 4e-40 of the general statutes is repealed and the 1351
1628		-	following is substituted in lieu thereof (Effective July 1, 2022): 1352
1629		-	If, after an award, it is determined by the State Contracting Standards 1353
1630		-	Board that a solicitation or award of a contract by a [state] contracting 1354
1631		-	agency is in violation of law: 1355
1632		-	(1) If the person awarded the contract did not act in bad faith: 1356
1633		-	(A) The contract may be ratified and affirmed by the [state] 1357
1634		-	contracting agency, provided it is determined by the board that doing 1358
1635		-	so is in the best interests of the state; or 1359 Substitute Bill No. 473
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1641		-
1642		-	(B) The contract may be terminated and the person awarded the 1360
1643		-	contract shall be compensated for the actual expenses reasonably 1361
1644		-	incurred under the contract, plus a reasonable profit, prior to the 1362
1645		-	termination. 1363
1646		-	(2) If the person awarded the contract acted in bad faith: 1364
1647		-	(A) The contract may be declared null and void; or 1365
1648		-	(B) The contract may be ratified and affirmed if such action is in the 1366
1649		-	best interests of the state, as determined by the State Contracting 1367
1650		-	Standards Board, in writing, without prejudice to the [state's] 1368
1651		-	contracting agency's right to such damages as may be appropriate. 1369
1652		-	Sec. 36. Section 4e-43 of the general statutes is repealed and the 1370
1653		-	following is substituted in lieu thereof (Effective July 1, 2022): 1371
1654		-	Not later than June 1, 2010, the State Insurance and Risk Management 1372
1655		-	Board established pursuant to section 4a-19 shall adopt regulations, in 1373
1656		-	accordance with the provisions of chapter 54, in consultation with the 1374
1657		-	State Contracting Standards Board, that specify when a [state] 1375
1658		-	contracting agency shall require proposers to provide appropriate 1376
1659		-	errors and omissions insurance to cover architectural and engineering 1377
1660		-	services under the project delivery methods established in regulations 1378
1661		-	adopted pursuant to section 4e-41. 1379
1662		-	Sec. 37. Section 4e-45 of the general statutes is repealed and the 1380
1663		-	following is substituted in lieu thereof (Effective July 1, 2022): 1381
1664		-	With respect to infrastructure facilities, not later than June 1, 2010, the 1382
1665		-	State Contracting Standards Board, in consultation with the [state] 1383
1666		-	contracting agencies and the Attorney General, shall adopt regulations, 1384
1667		-	in accordance with the provisions of chapter 54, requiring the inclusion 1385
1668		-	in [state] contracts with any [state] contracting agency of clauses 1386
1669		-	providing for adjustments in prices, time of performance, remedies, 1387
1670		-	termination or other contract provisions necessary to protect the 1388
1671		-	interests of the state. 1389 Substitute Bill No. 473
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1677		-
1678		-	Sec. 38. Section 4e-46 of the general statutes is repealed and the 1390
1679		-	following is substituted in lieu thereof (Effective July 1, 2022): 1391
1680		-	Not later than June 1, 2010, the State Contracting Standards Board 1392
1681		-	shall adopt regulations, in accordance with the provisions of chapter 54, 1393
1682		-	concerning the procedure and circumstances under which a [state] 1394
1683		-	contracting agency may allow contract modification, change order, or 1395
1684		-	contract price adjustment under a construction contract with the [state] 1396
1685		-	contracting agency in excess of fifty thousand dollars. Such regulations 1397
1686		-	shall require that every contract modification, change order or contract 1398
1687		-	price adjustment under a construction contract with [the state] a 1399
1688		-	contracting agency in excess of fifty thousand dollars shall be subject to 1400
1689		-	prior written certification by the fiscal officer of the [state] contracting 1401
1690		-	agency or other agency responsible for funding the project or the 1402
1691		-	contract, or other official responsible for monitoring and reporting upon 1403
1692		-	the status of the costs of the total project budget or contract budget, as 1404
1693		-	to the effect of the contract modification, change order, or adjustment in 1405
1694		-	contract price on the total project budget or the total contract budget. 1406
1695		-	Such regulations shall further provide that in the event the certification 1407
1696		-	of the fiscal officer or other responsible official discloses a resulting 1408
1697		-	increase in the total project budget or the total contract budget, the 1409
1698		-	agency procurement officer shall not execute or make such contract 1410
1699		-	modification, change order, or adjustment in contract price unless 1411
1700		-	sufficient funds are available or the scope of the project or contract is 1412
1701		-	adjusted so as to permit the degree of completion that is feasible within 1413
1702		-	the total project budget or total contract budget as it existed prior to the 1414
1703		-	contract modification, change order, or adjustment in contract price 1415
1704		-	under consideration provided, with respect to the validity, as to the 1416
1705		-	contractor, of any executed contract modification, change order, or 1417
1706		-	adjustment in contract price which the contractor has reasonably relied 1418
1707		-	upon, it shall be presumed that there has been compliance with the 1419
1708		-	provisions of this section. 1420
1709		-	Sec. 39. Section 4e-48 of the general statutes is repealed and the 1421
1710		-	following is substituted in lieu thereof (Effective July 1, 2022): 1422 Substitute Bill No. 473
1711		-
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1716		-
1717		-	(a) For the purposes of this section, "nonresident bidder" means a 1423
1718		-	business that is not a resident of the state that submits a bid in response 1424
1719		-	to an invitation to bid by a [state] contracting agency, "resident bidder" 1425
1720		-	means a business that submits a bid in response to an invitation to bid 1426
1721		-	by a [state] contracting agency and that has paid unemployment taxes 1427
1722		-	or income taxes in this state during the twelve calendar months 1428
1723		-	immediately preceding submission of such bid, has a business address 1429
1724		-	in the state and has affirmatively claimed such status in the bid 1430
1725		-	submission, and "contract" [means "contract" as defined in section 4e-1 1431
1726		-	and "state contracting agency" means "state contracting agency", as 1432
1727		-	defined] and "contracting agency" have the same meanings as provided 1433
1728		-	in section 4e-1, as amended by this act. 1434
1729		-	(b) Notwithstanding any provision of law, in the award of a contract, 1435
1730		-	after the original bids have been received and an original lowest 1436
1731		-	responsible qualified bid is identified, a [state] contracting agency shall 1437
1732		-	add a per cent increase to the original bid of a nonresident bidder equal 1438
1733		-	to the per cent, if any, of the preference given to such nonresident bidder 1439
1734		-	in the state in which such nonresident bidder resides. If, after 1440
1735		-	application of such per cent increase, the bidder that submits the lowest 1441
1736		-	responsible qualified bid is a resident bidder, the [state] contracting 1442
1737		-	agency shall award such contract to such resident bidder provided such 1443
1738		-	resident bidder agrees, in writing, to meet the original lowest 1444
1739		-	responsible qualified bid. Any such agreement by such resident bidder 1445
1740		-	to meet the original lowest responsible qualified bid shall be made not 1446
1741		-	later than seventy-two hours after such resident bidder receives notice 1447
1742		-	from such [state] contracting agency that such resident bidder may be 1448
1743		-	awarded such contract if such resident bidder agrees to meet the 1449
1744		-	original lowest responsible qualified bid. 1450
1745		-	(c) Not later than January 1, 2009, and each January thereafter, the 1451
1746		-	State Contracting Standards Board shall publish a list of states that give 1452
1747		-	preference to in-state bidders with the per cent increase applied in each 1453
1748		-	state. Such list shall be made available to all [state] contracting agencies 1454
1749		-	and may be relied upon by such agencies in determining the lowest 1455 Substitute Bill No. 473
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1755		-
1756		-	responsible bidder. 1456
1757		-	Sec. 40. Section 4e-72 of the 2022 supplement to the general statutes 1457
1758		-	is repealed and the following is substituted in lieu thereof (Effective July 1458
1759		-	1, 2022): 1459
1760		-	As used in this section, "contract", ["state contracting agency"] 1460
1761		-	"contracting agency", "data" and "contractor" have the same meanings 1461
1762		-	as provided in section 4e-1, as amended by this act. Any contract 1462
1763		-	between a [state] contracting agency and a contractor that is entered 1463
1764		-	into, renewed or amended on or after October 1, 2021, or in the case of a 1464
1765		-	contracting agency that is a quasi-public agency, entered into, renewed 1465
1766		-	or amended on or after July 1, 2022, shall contain a provision authorizing 1466
1767		-	the [state] contracting agency to access any data concerning such 1467
1768		-	contract that is in the possession or control of the contractor upon 1468
1769		-	demand in a format prescribed by the [state] contracting agency at no 1469
1770		-	additional cost to such agency. 1470
1771		-	Sec. 41. Section 15-31b of the 2022 supplement to the general statutes 1471
1772		-	is repealed and the following is substituted in lieu thereof (Effective July 1472
1773		-	1, 2022): 1473
1774		-	(a) The purposes of the Connecticut Port Authority shall be to 1474
1775		-	coordinate the development of Connecticut's ports and harbors, with a 1475
1776		-	focus on private and public investments, pursue federal and state funds 1476
1777		-	for dredging and other infrastructure improvements to increase cargo 1477
1778		-	movement through the ports and maintain navigability of all ports and 1478
1779		-	harbors, market the economic development of such ports and harbors, 1479
1780		-	work with the Department of Economic and Community Development 1480
1781		-	and other state, local and private entities to maximize the economic 1481
1782		-	potential of the ports and harbors, support and enhance the overall 1482
1783		-	development of the state's maritime commerce and industries, 1483
1784		-	coordinate the planning and funding of capital projects promoting the 1484
1785		-	development of the ports and harbors, develop strategic entrepreneurial 1485
1786		-	initiatives that may be available to the state, coordinate the state's 1486
1787		-	maritime policy activities, serve as the Governor's principal maritime 1487 Substitute Bill No. 473
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1793		-
1794		-	policy advisor and undertake such other responsibilities as may be 1488
1795		-	assigned to it. To accomplish the purposes of the authority, the authority 1489
1796		-	shall have the duty and power to: 1490
1797		-	(1) Have perpetual succession as a body politic and corporate and to 1491
1798		-	adopt bylaws for the regulation of its affairs and the conduct of its 1492
1799		-	business; 1493
1800		-	(2) Adopt an official seal and alter the same at pleasure; 1494
1801		-	(3) Maintain an office at such place or places as it may designate; 1495
1802		-	(4) Sue and be sued in its own name, and plead and be impleaded; 1496
1803		-	(5) Develop an organizational and management structure that will 1497
1804		-	best accomplish the goals of the authority concerning Connecticut ports 1498
1805		-	and harbors; 1499
1806		-	(6) Create a code of conduct for the board of directors of the authority 1500
1807		-	consistent with part I of chapter 10; 1501
1808		-	(7) Adopt rules for the conduct of its business, which shall not be 1502
1809		-	considered regulations as defined in section 4-166; 1503
1810		-	(8) Adopt an annual budget and plan of operations, including a 1504
1811		-	requirement of board approval before the budget or plan may take 1505
1812		-	effect; 1506
1813		-	(9) Make and enter into all contracts and agreements that are 1507
1814		-	necessary, desirable or incidental to the conduct of its business; 1508
1815		-	(10) Enter into joint ventures and invest in, and participate with, any 1509
1816		-	person or entity, including, without limitation, governmental or private 1510
1817		-	business entities in the formation, ownership, management and 1511
1818		-	operation of business entities, including stock and nonstock 1512
1819		-	corporations, limited liability companies and general and limited 1513
1820		-	partnerships, formed to advance the purposes of the authority. The 1514
1821		-	officers, employees and members of the board of directors of the 1515 Substitute Bill No. 473
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1827		-
1828		-	authority may serve, without compensation, as directors or officers of 1516
1829		-	any such business entities formed and such service shall be deemed to 1517
1830		-	be within the discharge of the duties of such officers, employees or 1518
1831		-	directors to the authority; 1519
1832		-	(11) Receive and accept, from any source, aid or contributions, 1520
1833		-	including money, property, labor and other things of value; 1521
1834		-	(12) Award grants and subsidies, make loans and provide other 1522
1835		-	forms of financial assistance to any person or entity under a written 1523
1836		-	policy, adopted in accordance with the provisions of section 1-121, 1524
1837		-	setting forth the eligibility criteria, application process, and such other 1525
1838		-	provisions as may be necessary or desirable to carry out the purposes of 1526
1839		-	this section; 1527
1840		-	(13) Charge reasonable fees for the services it performs and waive, 1528
1841		-	suspend, reduce or otherwise modify such fees in accordance with 1529
1842		-	written criteria established by the authority, and provided, that no 1530
1843		-	change may be made in fees without at least thirty days prior notice, 1531
1844		-	published in accordance with the provisions of section 1-121; 1532
1845		-	(14) Employ such assistants, agents and other employees as may be 1533
1846		-	necessary or desirable to carry out its purposes. (A) The executive 1534
1847		-	director and such employees shall be exempt from the classified service 1535
1848		-	and, except as provided in subparagraph (B) of this subdivision, shall 1536
1849		-	not be employees, as defined in subsection (b) of section 5-270. The 1537
1850		-	authority shall fix appropriate compensation for such employees and 1538
1851		-	establish all necessary or appropriate personnel practices and policies, 1539
1852		-	including those relating to hiring, promotion, compensation, retirement 1540
1853		-	and collective bargaining, which need not be in accordance with chapter 1541
1854		-	68, and the authority shall not be an employer, as defined in subsection 1542
1855		-	(a) of section 5-270, and may engage consultants, attorneys and 1543
1856		-	appraisers as may be necessary or desirable to carry out its purposes in 1544
1857		-	accordance with sections 15-31a to 15-31i, inclusive. (B) For purposes of 1545
1858		-	group welfare benefits and retirement, including, but not limited to, 1546
1859		-	those provided under chapter 66 and sections 5-257 and 5-259, the 1547 Substitute Bill No. 473
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1865		-
1866		-	officers and all other employees of the authority shall be state 1548
1867		-	employees. The authority shall reimburse the appropriate state agencies 1549
1868		-	for all costs incurred by such designation; 1550
1869		-	(15) Invest in, acquire, lease, purchase, own, manage, hold and 1551
1870		-	dispose of real property and lease, convey or deal in or enter into 1552
1871		-	agreements with respect to such property on any terms necessary or 1553
1872		-	incidental to carrying out the purposes of sections 15-31a to 15-31i, 1554
1873		-	inclusive, provided such transactions shall not be subject to approval, 1555
1874		-	review or regulation by any state agency pursuant to title 4b or any other 1556
1875		-	provision of the general statutes, except (A) the authority shall not 1557
1876		-	convey fee simple ownership in any property associated with the ports 1558
1877		-	or harbors under its jurisdiction and control without the approval of the 1559
1878		-	State Properties Review Board and the Attorney General, and (B) as 1560
1879		-	provided in [subsection (c) of this section] chapter 62; and 1561
1880		-	(16) Adopt any policies and procedures necessary to carry out the 1562
1881		-	provisions of this section in accordance with the provisions of section 1-1563
1882		-	121. 1564
1883		-	(b) The authority shall continue as long as it has bonds or other 1565
1884		-	obligations outstanding and until its existence is terminated by law, 1566
1885		-	provided no such termination shall affect any outstanding contractual 1567
1886		-	obligation of the authority and the state shall succeed to the obligations 1568
1887		-	of the authority under any contract. Upon the termination of the 1569
1888		-	existence of the authority, all its rights and properties shall pass to and 1570
1889		-	be vested in the state of Connecticut. 1571
1890		-	[(c) On and after June 23, 2021, until July 1, 2026, the authority shall 1572
1891		-	be a state contracting agency for the purposes of chapter 62, except for 1573
1892		-	the provisions of section 4e-16, and shall be subject to the authority of 1574
1893		-	the State Contracting Standards Board established under section 4e-2.] 1575
1894		-	Sec. 42. Subsection (e) of section 19a-32s of the general statutes is 1576
1895		-	repealed and the following is substituted in lieu thereof (Effective July 1, 1577
1896		-	2022): 1578 Substitute Bill No. 473
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1902		-
1903		-	(e) For purposes of this section and section 19a-32r, the board shall 1579
1904		-	not be considered a [state] contracting agency, as defined in [subdivision 1580
1905		-	(28) of] section 4e-1, as amended by this act. 1581
1906		-	Sec. 43. Subsection (c) of section 10-357b of the 2022 supplement to 1582
1907		-	the general statutes is repealed and the following is substituted in lieu 1583
1908		-	thereof (Effective July 1, 2022): 1584
1909		-	(c) The State Education Resource Center shall be subject to (1) rules, 1585
1910		-	regulations and restrictions on purchasing, procurement, personal 1586
1911		-	service agreements and the disposition of assets generally applicable to 1587
1912		-	Connecticut state agencies, including those contained in titles 4, 4a and 1588
1913		-	4b and [section 4e-19] chapter 62, and (2) audit by the Auditors of Public 1589
1914		-	Accounts under chapter 12 and section 2-90. 1590
1915		-	Sec. 44. Section 10a-196 of the general statutes is repealed and the 1591
1916		-	following is substituted in lieu thereof (Effective July 1, 2022): 1592
1917		-	Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1593
1918		-	complete, additional and alternative method for the doing of the things 1594
1919		-	authorized thereby, and shall be regarded as supplemental and 1595
1920		-	additional to powers conferred by other laws; provided the issuance of 1596
1921		-	bonds and refunding bonds under the provisions of this chapter need 1597
1922		-	not comply with the requirements of any other law applicable to the 1598
1923		-	issuance of bonds including, particularly, title 42a; and provided in the 1599
1924		-	construction and acquisition of a project pursuant hereto the authority 1600
1925		-	need not comply with the requirements of chapter 50. Except as 1601
1926		-	otherwise expressly provided in this chapter, none of the powers 1602
1927		-	granted to the authority under the provisions of this chapter shall be 1603
1928		-	subject to the supervision or regulation or require the approval or 1604
1929		-	consent of any municipality or political subdivision or any commission, 1605
1930		-	board, body, bureau, official or agency thereof or of the state, except for 1606
1931		-	the provisions concerning contracting agencies set forth in chapter 62. 1607
1932		-	Sec. 45. Subsection (s) of section 10a-204b of the general statutes is 1608
1933		-	repealed and the following is substituted in lieu thereof (Effective July 1, 1609 Substitute Bill No. 473
1934		-
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1938		-	53 of 60
1939		-
1940		-	2022): 1610
1941		-	(s) The provisions of this section shall be deemed to provide a 1611
1942		-	complete, additional and alternative method for the actions and the 1612
1943		-	things authorized thereby and shall be regarded as supplemental and 1613
1944		-	additional to powers granted by other laws; the issuance of bonds, notes 1614
1945		-	or other obligations under the provisions of this section need not comply 1615
1946		-	with the requirements of any law applicable to the issuance of bonds, 1616
1947		-	notes or other obligations. This section, being necessary for the welfare 1617
1948		-	of the state and its inhabitants, shall be liberally construed to affect its 1618
1949		-	purpose. None of the powers granted to the corporation or to any 1619
1950		-	subsidiary created pursuant to subdivision (5) of section 10a-204 under 1620
1951		-	the provisions of this section shall be subject to the supervision or 1621
1952		-	regulation or require the approval or consent of any municipality or 1622
1953		-	political subdivision or any department, division, commission, board, 1623
1954		-	body, bureau, official or agency thereof or of the state, and the exercise 1624
1955		-	thereof shall not cause the corporation or any such subsidiary to be 1625
1956		-	construed to be an agency within the scope of chapter 54 or a 1626
1957		-	department, institution or agency of the state, except that the 1627
1958		-	corporation or any such subsidiary shall comply with any provisions of 1628
1959		-	chapter 62 concerning contracting agencies. 1629
1960		-	Sec. 46. Section 10a-243 of the general statutes is repealed and the 1630
1961		-	following is substituted in lieu thereof (Effective July 1, 2022): 1631
1962		-	The provisions of this chapter shall be deemed to provide a complete, 1632
1963		-	additional and alternative method for the actions of the things 1633
1964		-	authorized thereby and shall be regarded as supplemental and 1634
1965		-	additional to powers granted by other laws; the issuance of revenue 1635
1966		-	bonds or notes and revenue refunding bonds or notes under the 1636
1967		-	provisions of this chapter need not comply with the requirements of any 1637
1968		-	other law applicable to the issuance of bonds or notes. This chapter, 1638
1969		-	being necessary for the welfare of the state and its inhabitants, shall be 1639
1970		-	liberally construed to effect its purpose. Except as otherwise expressly 1640
1971		-	provided in this chapter or the provisions concerning contracting 1641
1972		-	agencies in chapter 62, none of the powers granted to the authority 1642 Substitute Bill No. 473
1973		-
1974		-
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1977		-	54 of 60
1978		-
1979		-	under the provisions of this chapter shall be subject to the supervision 1643
1980		-	or regulation or require the approval or consent of any municipality or 1644
1981		-	political subdivision or any department, division, commission, board, 1645
1982		-	body, bureau, official or agency thereof or of the state. The authority 1646
1983		-	shall not be construed to be an agency within the scope of chapter 54 or 1647
1984		-	a department, institution or agency of the state. 1648
1985		-	Sec. 47. Subdivision (16) of subsection (b) of section 12-806 of the 2022 1649
1986		-	supplement to the general statutes is repealed and the following is 1650
1987		-	substituted in lieu thereof (Effective July 1, 2022): 1651
1988		-	(16) To invest in, acquire, lease, purchase, own, manage, hold and 1652
1989		-	dispose of real property and lease, convey or deal in or enter into 1653
1990		-	agreements with respect to such property on any terms necessary or 1654
1991		-	incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1655
1992		-	818, inclusive, and sections 12-853 and 12-854, provided such 1656
1993		-	transactions shall not be subject to approval, review or regulation 1657
1994		-	pursuant to title 4b or any other statute by any state agency, except that 1658
1995		-	real property transactions shall be subject to review by the State 1659
1996		-	Properties Review Board and contracts shall be subject to the applicable 1660
1997		-	provisions of chapter 62; 1661
1998		-	Sec. 48. Section 12-815 of the general statutes is repealed and the 1662
1999		-	following is substituted in lieu thereof (Effective July 1, 2022): 1663
2000		-	(a) The corporation shall establish and adopt specific policies, rules 1664
2001		-	and procedures on purchasing and contracting. Such policies, rules and 1665
2002		-	procedures or amendments thereto shall be approved by a two-thirds 1666
2003		-	vote of the entire board. Notwithstanding any other provision of law to 1667
2004		-	the contrary, the corporation may enter into management, consulting 1668
2005		-	and other agreements for the provision of goods, services and 1669
2006		-	professional advisors necessary or useful in connection with the 1670
2007		-	operation and management of the lottery (1) pursuant to a process of 1671
2008		-	open or competitive bidding, provided (A) the corporation shall first 1672
2009		-	determine the format, content and scope of any agreement for any 1673
2010		-	procurement of goods or services, the conditions under which bidding 1674 Substitute Bill No. 473
2011		-
2012		-
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2015		-	55 of 60
2016		-
2017		-	will take place and the schedule and stipulations for contract award, and 1675
2018		-	(B) the corporation may select the contractor deemed to have submitted 1676
2019		-	the most favorable bid, considering price and other factors, when, in the 1677
2020		-	judgment of the corporation, such award is in the best interests of the 1678
2021		-	corporation, or (2) if the corporation, in its discretion, determines that, 1679
2022		-	due to the nature of the agreement to be contracted for or procured, 1680
2023		-	open or public bidding is either impracticable or not in the best interests 1681
2024		-	of the corporation, by negotiation with such prospective providers as 1682
2025		-	the corporation may determine. The terms and conditions of agreements 1683
2026		-	and the fees or other compensation to be paid to such persons shall be 1684
2027		-	determined by the corporation. The agreements entered into by the 1685
2028		-	corporation in accordance with the provisions of this section shall not 1686
2029		-	be subject to the approval of any state department, office or agency, 1687
2030		-	except as provided in any applicable provision of chapter 62 or 1688
2031		-	regulations adopted by the Department of Consumer Protection. 1689
2032		-	Nothing in this section shall be deemed to restrict the discretion of the 1690
2033		-	corporation to utilize its own staff and workforce for the performance of 1691
2034		-	any of its assigned responsibilities and functions whenever, in the 1692
2035		-	discretion of the corporation, it becomes necessary, convenient or 1693
2036		-	desirable to do so. Copies of all agreements of the corporation shall be 1694
2037		-	maintained by the corporation at its offices as public records, subject to 1695
2038		-	said exemption. 1696
2039		-	(b) [The] Except as provided in chapter 62, the corporation shall not 1697
2040		-	be subject to rules, regulations or restrictions on purchasing or 1698
2041		-	procurement or the disposition of assets generally applicable to 1699
2042		-	Connecticut state agencies, including those contained in titles 4a and 4b 1700
2043		-	and the corresponding rules and regulations. The board shall adopt 1701
2044		-	rules and procedures on purchasing, procurement and the disposition 1702
2045		-	of assets applicable to the corporation. The adoption of such rules or 1703
2046		-	procedures shall not be subject to chapter 54. Any such rules or 1704
2047		-	procedures shall be a public record, as defined in section 1-200. 1705
2048		-	Sec. 49. Section 22a-268 of the general statutes is repealed and the 1706
2049		-	following is substituted in lieu thereof (Effective July 1, 2022): 1707 Substitute Bill No. 473
2050		-
2051		-
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2054		-	56 of 60
2055		-
2056		-	The authority shall utilize private industry, by contract, to carry out 1708
2057		-	the business, design, operating, management, marketing, planning and 1709
2058		-	research and development functions of the authority, unless the 1710
2059		-	authority determines that it is in the public interest to adopt another 1711
2060		-	course of action. The authority is hereby empowered to enter into long-1712
2061		-	term contracts with private persons for the performance of any such 1713
2062		-	functions of the authority which, in the opinion of the authority, can 1714
2063		-	desirably and conveniently be carried out by a private person under 1715
2064		-	contract provided any such contract shall contain such terms and 1716
2065		-	conditions as will enable the authority to retain overall supervision and 1717
2066		-	control of the business, design, operating, management, transportation, 1718
2067		-	marketing, planning and research and development functions to be 1719
2068		-	carried out or to be performed by such private persons pursuant to such 1720
2069		-	contract. Such contracts shall be entered into either on a competitive 1721
2070		-	negotiation or competitive bidding basis, and the authority in its 1722
2071		-	discretion may select the type of contract it deems most prudent to 1723
2072		-	utilize, pursuant to the contracting procedures adopted under section 1724
2073		-	22a-268a and considering the scope of work, the management 1725
2074		-	complexities associated therewith, the extent of current and future 1726
2075		-	technological development requirements and the best interests of the 1727
2076		-	state. Whenever a long-term contract is entered into on other than a 1728
2077		-	competitive bidding basis, the criteria and procedures therefor shall 1729
2078		-	conform to applicable provisions of subdivision (16) of subsection (a) 1730
2079		-	and subsections (b) and (c) of section 22a-266, provided however, that 1731
2080		-	any contract for a period of over five years in duration, or any contract 1732
2081		-	for which the annual consideration is greater than fifty thousand dollars 1733
2082		-	shall be approved by a two-thirds vote of the authority's full board of 1734
2083		-	directors. The terms and conditions of such contracts shall be 1735
2084		-	determined by the authority, as shall the fees or other similar 1736
2085		-	compensation to be paid to such persons for such contracts. The 1737
2086		-	contracts entered into by the authority shall not be subject to the 1738
2087		-	approval of any other state department, office or agency, except as 1739
2088		-	provided in chapter 62. However, copies of all contracts of the authority 1740
2089		-	shall be maintained by the authority as public records, subject to the 1741
2090		-	proprietary rights of any party to the contract. Nothing of the aforesaid 1742 Substitute Bill No. 473
2091		-
2092		-
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2095		-	57 of 60
2096		-
2097		-	shall be deemed to restrict the discretion of the authority to utilize its 1743
2098		-	own staff and work force for the performance of any of its assigned 1744
2099		-	responsibilities and functions whenever, in the discretion of the 1745
2100		-	authority, it becomes necessary, convenient or desirable to do so. Any 1746
2101		-	litigation with respect to any terms, conditions or provisions of any 1747
2102		-	contract of the authority, or the performance or nonperformance of same 1748
2103		-	by either party, shall be tried before a judge of the Superior Court of 1749
2104		-	Connecticut. 1750
2105		-	Sec. 50. Subdivision (14) of subsection (b) of section 31-49h of the 1751
2106		-	general statutes is repealed and the following is substituted in lieu 1752
2107		-	thereof (Effective July 1, 2022): 1753
2108		-	(14) Make and enter into any contract or agreement necessary or 1754
2109		-	incidental to the performance of its duties and execution of its powers. 1755
2110		-	[The] Except as provided in chapter 62, the contracts and agreements 1756
2111		-	entered into by the authority shall not be subject to the approval of any 1757
2112		-	other state department, office or agency, provided copies of all such 1758
2113		-	contracts shall be maintained by the authority as public records, subject 1759
2114		-	to the proprietary rights of any party to such contracts. No contract shall 1760
2115		-	contain any provision in which any contractor derives any direct or 1761
2116		-	indirect economic benefit from denying or otherwise influencing the 1762
2117		-	outcome of any claim for benefits. The standard criteria for the 1763
2118		-	evaluation of proposals relating to claims processing, web site 1764
2119		-	development, database development, marketing and advertising, in the 1765
2120		-	event the authority seeks the services of an outside contractor for such 1766
2121		-	tasks, and for the evaluation of proposals relating to all other contracts 1767
2122		-	in amounts equal to or exceeding two hundred fifty thousand dollars 1768
2123		-	shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1769
2124		-	efficiency of operations, (D) quality of work related to the contracts 1770
2125		-	issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1771
2126		-	analysis documenting the direct and indirect costs of such contracts, 1772
2127		-	including qualitative and quantitative benefits that will result from the 1773
2128		-	implementation of such contracts. The establishment of additional 1774
2129		-	standard criteria shall be approved by a two-thirds vote of the board 1775 Substitute Bill No. 473
2130		-
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2134		-	58 of 60
2135		-
2136		-	after such criteria have been posted on a public Internet web site 1776
2137		-	maintained by the authority for notice and comment for at least one 1777
2138		-	week prior to such vote. 1778
2139		-	Sec. 51. Subdivision (13) of subsection (c) of section 38a-1083 of the 1779
2140		-	2022 supplement to the general statutes is repealed and the following is 1780
2141		-	substituted in lieu thereof (Effective July 1, 2022): 1781
2142		-	(13) Make and enter into any contract or agreement necessary or 1782
2143		-	incidental to the performance of its duties and execution of its powers, 1783
2144		-	including, but not limited to, an agreement with the Office of Health 1784
2145		-	Strategy to use funds collected under this section for the operation of 1785
2146		-	the all-payer claims database established under section 19a-755a and to 1786
2147		-	receive data from such database. The contracts entered into by the 1787
2148		-	exchange shall not be subject to the approval of any other state 1788
2149		-	department, office or agency, provided copies of all contracts of the 1789
2150		-	exchange shall be maintained by the exchange as public records, subject 1790
2151		-	to the proprietary rights of any party to the contract, except (A) as 1791
2152		-	provided in chapter 62, and (B) any agreement with the Office of Health 1792
2153		-	Strategy shall be subject to approval by said office and the Office of 1793
2154		-	Policy and Management and no portion of such agreement shall be 1794
2155		-	considered proprietary; 1795
2156		-	Sec. 52. (Effective July 1, 2022) The sum of four hundred sixty-seven 1796
2157		-	thousand fifty-five dollars is appropriated to the State Contracting 1797
2158		-	Standards Board from the General Fund, for the fiscal year ending June 1798
2159		-	30, 2023, for purposes of hiring five employees in accordance with the 1799
2160		-	provisions of section 2 of this act. 1800
	1387	+	When, for any reason, collusion or other anticompetitive practices are 1176
	1388	+	suspected among any bidders or proposers for a [state] contract of a 1177
	1389	+	contracting agency, a notice of the relevant facts shall be transmitted to 1178
	1390	+	the Attorney General by any affected party, including, but not limited 1179
	1391	+	to, the [state] contracting agency, a bidder or a proposer. 1180
	1392	+	Sec. 28. Section 4e-32 of the general statutes is repealed and the 1181
	1393	+	following is substituted in lieu thereof (Effective July 1, 2022): 1182
	1394	+	Each [state] contracting agency shall retain and dispose of all 1183
	1395	+	procurement records in accordance with records retention guidelines 1184
	1396	+	and schedules approved by the Public Records Administrator. 1185
	1397	+	Sec. 29. Section 4e-33 of the general statutes is repealed and the 1186
	1398	+	following is substituted in lieu thereof (Effective July 1, 2022): 1187
	1399	+	The agency procurement officer of each [state] contracting agency 1188
	1400	+	shall maintain a record that lists all contracts awarded pursuant to 1189 Raised Bill No. 473
	1401	+
	1402	+
	1403	+
	1404	+	LCO No. 3459 39 of 60
	1405	+
	1406	+	section 4e-21, as amended by this act, and the regulations adopted under 1190
	1407	+	section 4e-23 for a minimum of five years after the date of any such 1191
	1408	+	award. Such record shall contain: 1192
	1409	+	(1) Each contractor's name; 1193
	1410	+	(2) The amount and type of each contract; and 1194
	1411	+	(3) A listing of the supplies, services or construction procured under 1195
	1412	+	each contract. 1196
	1413	+	Sec. 30. Section 4e-34 of the general statutes is repealed and the 1197
	1414	+	following is substituted in lieu thereof (Effective July 1, 2022): 1198
	1415	+	(a) After reasonable notice and hearing and consultation with the 1199
	1416	+	relevant [state] contracting agency and the Attorney General, the State 1200
	1417	+	Contracting Standards Board, acting through a subcommittee of three 1201
	1418	+	members, appointed by the chairperson, which subcommittee shall 1202
	1419	+	include not less than one legislative appointee, may disqualify any 1203
	1420	+	contractor, bidder or proposer, for a period of not more than five years, 1204
	1421	+	from bidding on, applying for or participating as a contractor or 1205
	1422	+	subcontractor under, contracts with the state, quasi-public agencies or 1206
	1423	+	municipalities. Such disqualification shall be upon the vote of two-1207
	1424	+	thirds of the members of the subcommittee present and voting for that 1208
	1425	+	purpose. Such hearing shall be conducted in accordance with the 1209
	1426	+	provisions of chapter 54. The subcommittee shall issue a written 1210
	1427	+	recommendation not later than sixty days after the conclusion of such 1211
	1428	+	hearing, and shall state the reason for the recommended action and, if 1212
	1429	+	the disqualification is recommended, the period of time the contractor, 1213
	1430	+	bidder or proposer shall be disqualified. In determining whether to 1214
	1431	+	disqualify a contractor, bidder or proposer, the subcommittee shall 1215
	1432	+	consider the seriousness of the acts or omissions of the contractor, 1216
	1433	+	bidder or proposer and any mitigating factors. Such recommendation 1217
	1434	+	shall be submitted to the board for action and sent to the contractor by 1218
	1435	+	certified mail, return receipt requested. If disqualification is 1219
	1436	+	recommended, the contractor shall have thirty days to submit 1220
	1437	+	comments to the board. Upon receipt of the proposed recommendation 1221 Raised Bill No. 473
	1438	+
	1439	+
	1440	+
	1441	+	LCO No. 3459 40 of 60
	1442	+
	1443	+	by the subcommittee, the board shall issue a written decision either 1222
	1444	+	adopting, rejecting or modifying the subcommittee's recommendation. 1223
	1445	+	Such decision shall be issued not later than thirty days after receipt by 1224
	1446	+	the board of the contractor's comments, if any. The board shall send the 1225
	1447	+	decision to the contractor by certified mail, return receipt requested. The 1226
	1448	+	written decision shall be a final decision for purposes of sections 4-180 1227
	1449	+	and 4-183. 1228
	1450	+	(b) Causes for such disqualification shall include the following: 1229
	1451	+	(1) Conviction of, or entry of a plea of guilty or nolo contendere or 1230
	1452	+	admission to, the commission of a criminal offense as an incident to 1231
	1453	+	obtaining or attempting to obtain a public or private contract or 1232
	1454	+	subcontract, or in the performance of such contract or subcontract; 1233
	1455	+	(2) Conviction of, or entry of a plea of guilty or nolo contendere or 1234
	1456	+	admission to, the violation of any state or federal law for embezzlement, 1235
	1457	+	theft, forgery, bribery, falsification or destruction of records, receiving 1236
	1458	+	stolen property or any other offense indicating a lack of business 1237
	1459	+	integrity or business honesty which affects responsibility as a [state] 1238
	1460	+	contractor; 1239
	1461	+	(3) Conviction of, or entry of a plea of guilty or nolo contendere or 1240
	1462	+	admission to, a violation of any state or federal antitrust, collusion or 1241
	1463	+	conspiracy law arising out of the submission of bids or proposals on a 1242
	1464	+	public or private contract or subcontract; 1243
	1465	+	(4) Accumulation of two or more suspensions pursuant to section 4e-1244
	1466	+	35, as amended by this act, within a twenty-four-month period; 1245
	1467	+	(5) A wilful, negligent or reckless failure to perform in accordance 1246
	1468	+	with the terms of one or more contracts or subcontracts, agreements or 1247
	1469	+	transactions with [state] contracting agencies; 1248
	1470	+	(6) A history of failure to perform or of unsatisfactory performance 1249
	1471	+	on one or more public contracts, agreements or transactions with [state] 1250
	1472	+	contracting agencies; 1251 Raised Bill No. 473
	1473	+
	1474	+
	1475	+
	1476	+	LCO No. 3459 41 of 60
	1477	+
	1478	+	(7) A wilful violation of a statutory or regulatory provision or 1252
	1479	+	requirement applicable to a contract, agreement or transaction with 1253
	1480	+	[state] contracting agencies; 1254
	1481	+	(8) A wilful or egregious violation of the ethical standards set forth in 1255
	1482	+	sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 1256
	1483	+	Advisory Board; or 1257
	1484	+	(9) Any other cause or conduct the board determines to be so serious 1258
	1485	+	and compelling as to affect responsibility as a [state] contractor, 1259
	1486	+	including, but not limited to: 1260
	1487	+	(A) Disqualification by another state for cause; 1261
	1488	+	(B) The fraudulent or criminal conduct of any officer, director, 1262
	1489	+	shareholder, partner, employee or other individual associated with a 1263
	1490	+	contractor, bidder or proposer of such contractor, bidder or proposer, 1264
	1491	+	provided such conduct occurred in connection with the individual's 1265
	1492	+	performance of duties for or on behalf of such contractor, bidder or 1266
	1493	+	proposer and such contractor, bidder or proposer knew or had reason 1267
	1494	+	to know of such conduct; 1268
	1495	+	(C) The existence of an informal or formal business relationship with 1269
	1496	+	a contractor who has been disqualified from bidding or proposing on 1270
	1497	+	[state] contracts of any [state] contracting agency. 1271
	1498	+	(c) Upon written request by the affected [state] contractor, bidder or 1272
	1499	+	proposer, the State Contracting Standards Board may reduce the period 1273
	1500	+	or extent of disqualification for a contractor, bidder or proposer if 1274
	1501	+	documentation supporting any of the following reasons for 1275
	1502	+	modification is provided to the board by the contractor, bidder or 1276
	1503	+	proposer: 1277
	1504	+	(1) Newly discovered material evidence; 1278
	1505	+	(2) Reversal of the conviction upon which the disqualification was 1279
	1506	+	based; 1280 Raised Bill No. 473
	1507	+
	1508	+
	1509	+
	1510	+	LCO No. 3459 42 of 60
	1511	+
	1512	+	(3) Bona fide change in ownership or management; or 1281
	1513	+	(4) Elimination of other causes for which the disqualification was 1282
	1514	+	imposed. 1283
	1515	+	Sec. 31. Section 4e-35 of the general statutes is repealed and the 1284
	1516	+	following is substituted in lieu thereof (Effective July 1, 2022): 1285
	1517	+	(a) After reasonable notice and a hearing, conducted in accordance 1286
	1518	+	with the provisions of chapter 54, the department head of any [state] 1287
	1519	+	contracting agency of the state may suspend any contractor, bidder or 1288
	1520	+	proposer for a period of not more than six months from bidding on, 1289
	1521	+	applying for or performing work as a contractor or subcontractor under, 1290
	1522	+	contracts with the state. The department head shall issue a written 1291
	1523	+	decision not later than ninety days after the conclusion of such hearing 1292
	1524	+	and state in the decision the reasons for the action taken and, if the 1293
	1525	+	contractor, bidder or proposer is being suspended, the period of such 1294
	1526	+	suspension. In determining whether to suspend a contractor, bidder or 1295
	1527	+	proposer, the department head shall consider the seriousness of the acts 1296
	1528	+	or omissions of the contractor, bidder or proposer and any mitigating 1297
	1529	+	factors. The department head shall send such decision to the contractor 1298
	1530	+	and the State Contracting Standards Board by certified mail, return 1299
	1531	+	receipt requested. Such decision shall be a final decision for purposes of 1300
	1532	+	sections 4-180 and 4-183. 1301
	1533	+	(b) Causes for such suspension shall include the following: 1302
	1534	+	(1) Failure without good cause to perform in accordance with 1303
	1535	+	specifications or within the time limits provided in the contract; 1304
	1536	+	(2) A record of failure to perform or of unsatisfactory performance in 1305
	1537	+	accordance with the terms of one or more contracts, provided failure to 1306
	1538	+	perform or unsatisfactory performance caused by acts beyond the 1307
	1539	+	control of the contractor shall not be considered to be a basis for 1308
	1540	+	suspension; 1309
	1541	+	(3) Any cause the complainant [state] contracting agency determines 1310 Raised Bill No. 473
	1542	+
	1543	+
	1544	+
	1545	+	LCO No. 3459 43 of 60
	1546	+
	1547	+	to be so serious and compelling as to affect the responsibility of a state 1311
	1548	+	contractor, including suspension by another [state] contracting agency 1312
	1549	+	of the state for cause; or 1313
	1550	+	(4) A violation of the ethical standards set forth in section 1-84, 1-86e 1314
	1551	+	or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 1315
	1552	+	(c) The State Contracting Standards Board may grant an exception 1316
	1553	+	permitting a suspended contractor to participate in a particular contract 1317
	1554	+	or subcontract upon a written determination by the board that there is 1318
	1555	+	good cause for such exception and that such exception is in the best 1319
	1556	+	interest of the state. 1320
	1557	+	(d) The department head of each [state] contracting agency of the 1321
	1558	+	state shall conduct reviews of contractors and shall file reports 1322
	1559	+	pertaining to any of the reasons set forth in this section that may be the 1323
	1560	+	basis for disqualification. 1324
	1561	+	Sec. 32. Subsections (g) to (i), inclusive, of section 4e-37 of the general 1325
	1562	+	statutes are repealed and the following is substituted in lieu thereof 1326
	1563	+	(Effective July 1, 2022): 1327
	1564	+	(g) In the event that the appeals review subcommittee or the board 1328
	1565	+	determines that a procedural violation occurred, or that allegations of 1329
	1566	+	an unauthorized or unwarranted, noncompetitive selection process 1330
	1567	+	have been substantiated, the board shall direct the [state] contracting 1331
	1568	+	agency of the state to take corrective action not later than thirty days 1332
	1569	+	after the date of the subcommittee's or board's decision, as applicable. 1333
	1570	+	(h) In the event such appeal is found to be frivolous by the appeals 1334
	1571	+	review subcommittee or the full board, such frivolous appeal may serve 1335
	1572	+	as a basis for disqualification pursuant to section 4e-34, as amended by 1336
	1573	+	this act. 1337
	1574	+	(i) Any three members of the board may request a full board review 1338
	1575	+	of any contract deliberation or award process of a [state] contracting 1339
	1576	+	agency. 1340 Raised Bill No. 473
	1577	+
	1578	+
	1579	+
	1580	+	LCO No. 3459 44 of 60
	1581	+
	1582	+	Sec. 33. Section 4e-38 of the general statutes is repealed and the 1341
	1583	+	following is substituted in lieu thereof (Effective July 1, 2022): 1342
	1584	+	The State Contracting Standards Board shall issue a decision in 1343
	1585	+	writing or take other appropriate action on each appeal submitted 1344
	1586	+	pursuant to section 4e-37, as amended by this act. A copy of any decision 1345
	1587	+	shall be provided to all parties, the department head of the [state] 1346
	1588	+	contracting agency of the state and the Chief Procurement Officer. 1347
	1589	+	Sec. 34. Section 4e-39 of the general statutes is repealed and the 1348
	1590	+	following is substituted in lieu thereof (Effective July 1, 2022): 1349
	1591	+	If, prior to award, it is determined by the State Contracting Standards 1350
	1592	+	Board that a solicitation or proposed award of a contract by a [state] 1351
	1593	+	contracting agency is in violation of law, then the solicitation or 1352
	1594	+	proposed award shall be: 1353
	1595	+	(1) Cancelled; or 1354
	1596	+	(2) Revised to comply with the law. 1355
	1597	+	Sec. 35. Section 4e-40 of the general statutes is repealed and the 1356
	1598	+	following is substituted in lieu thereof (Effective July 1, 2022): 1357
	1599	+	If, after an award, it is determined by the State Contracting Standards 1358
	1600	+	Board that a solicitation or award of a contract by a [state] contracting 1359
	1601	+	agency is in violation of law: 1360
	1602	+	(1) If the person awarded the contract did not act in bad faith: 1361
	1603	+	(A) The contract may be ratified and affirmed by the [state] 1362
	1604	+	contracting agency, provided it is determined by the board that doing 1363
	1605	+	so is in the best interests of the state or the municipality; or 1364
	1606	+	(B) The contract may be terminated and the person awarded the 1365
	1607	+	contract shall be compensated for the actual expenses reasonably 1366
	1608	+	incurred under the contract, plus a reasonable profit, prior to the 1367
	1609	+	termination. 1368 Raised Bill No. 473
	1610	+
	1611	+
	1612	+
	1613	+	LCO No. 3459 45 of 60
	1614	+
	1615	+	(2) If the person awarded the contract acted in bad faith: 1369
	1616	+	(A) The contract may be declared null and void; or 1370
	1617	+	(B) The contract may be ratified and affirmed if such action is in the 1371
	1618	+	best interests of the state or the municipality, as determined by the State 1372
	1619	+	Contracting Standards Board, in writing, without prejudice to the 1373
	1620	+	[state's] contracting agency's right to such damages as may be 1374
	1621	+	appropriate. 1375
	1622	+	Sec. 36. Section 4e-43 of the general statutes is repealed and the 1376
	1623	+	following is substituted in lieu thereof (Effective July 1, 2022): 1377
	1624	+	Not later than June 1, 2010, the State Insurance and Risk Management 1378
	1625	+	Board established pursuant to section 4a-19 shall adopt regulations, in 1379
	1626	+	accordance with the provisions of chapter 54, in consultation with the 1380
	1627	+	State Contracting Standards Board, that specify when a [state] 1381
	1628	+	contracting agency shall require proposers to provide appropriate 1382
	1629	+	errors and omissions insurance to cover architectural and engineering 1383
	1630	+	services under the project delivery methods established in regulations 1384
	1631	+	adopted pursuant to section 4e-41. 1385
	1632	+	Sec. 37. Section 4e-45 of the general statutes is repealed and the 1386
	1633	+	following is substituted in lieu thereof (Effective July 1, 2022): 1387
	1634	+	With respect to infrastructure facilities, not later than June 1, 2010, the 1388
	1635	+	State Contracting Standards Board, in consultation with the [state] 1389
	1636	+	contracting agencies and the Attorney General, shall adopt regulations, 1390
	1637	+	in accordance with the provisions of chapter 54, requiring the inclusion 1391
	1638	+	in [state] contracts with any [state] contracting agency of clauses 1392
	1639	+	providing for adjustments in prices, time of performance, remedies, 1393
	1640	+	termination or other contract provisions necessary to protect the 1394
	1641	+	interests of the state or the contracting agency. 1395
	1642	+	Sec. 38. Section 4e-46 of the general statutes is repealed and the 1396
	1643	+	following is substituted in lieu thereof (Effective July 1, 2022): 1397
	1644	+	Not later than June 1, 2010, the State Contracting Standards Board 1398 Raised Bill No. 473
	1645	+
	1646	+
	1647	+
	1648	+	LCO No. 3459 46 of 60
	1649	+
	1650	+	shall adopt regulations, in accordance with the provisions of chapter 54, 1399
	1651	+	concerning the procedure and circumstances under which a [state] 1400
	1652	+	contracting agency may allow contract modification, change order, or 1401
	1653	+	contract price adjustment under a construction contract with the [state] 1402
	1654	+	contracting agency in excess of fifty thousand dollars. Such regulations 1403
	1655	+	shall require that every contract modification, change order or contract 1404
	1656	+	price adjustment under a construction contract with [the state] a 1405
	1657	+	contracting agency in excess of fifty thousand dollars shall be subject to 1406
	1658	+	prior written certification by the fiscal officer of the [state] contracting 1407
	1659	+	agency or other agency responsible for funding the project or the 1408
	1660	+	contract, or other official responsible for monitoring and reporting upon 1409
	1661	+	the status of the costs of the total project budget or contract budget, as 1410
	1662	+	to the effect of the contract modification, change order, or adjustment in 1411
	1663	+	contract price on the total project budget or the total contract budget. 1412
	1664	+	Such regulations shall further provide that in the event the certification 1413
	1665	+	of the fiscal officer or other responsible official discloses a resulting 1414
	1666	+	increase in the total project budget or the total contract budget, the 1415
	1667	+	agency procurement officer shall not execute or make such contract 1416
	1668	+	modification, change order, or adjustment in contract price unless 1417
	1669	+	sufficient funds are available or the scope of the project or contract is 1418
	1670	+	adjusted so as to permit the degree of completion that is feasible within 1419
	1671	+	the total project budget or total contract budget as it existed prior to the 1420
	1672	+	contract modification, change order, or adjustment in contract price 1421
	1673	+	under consideration provided, with respect to the validity, as to the 1422
	1674	+	contractor, of any executed contract modification, change order, or 1423
	1675	+	adjustment in contract price which the contractor has reasonably relied 1424
	1676	+	upon, it shall be presumed that there has been compliance with the 1425
	1677	+	provisions of this section. 1426
	1678	+	Sec. 39. Section 4e-48 of the general statutes is repealed and the 1427
	1679	+	following is substituted in lieu thereof (Effective July 1, 2022): 1428
	1680	+	(a) For the purposes of this section, "nonresident bidder" means a 1429
	1681	+	business that is not a resident of the state that submits a bid in response 1430
	1682	+	to an invitation to bid by a [state] contracting agency, "resident bidder" 1431
	1683	+	means a business that submits a bid in response to an invitation to bid 1432 Raised Bill No. 473
	1684	+
	1685	+
	1686	+
	1687	+	LCO No. 3459 47 of 60
	1688	+
	1689	+	by a [state] contracting agency and that has paid unemployment taxes 1433
	1690	+	or income taxes in this state during the twelve calendar months 1434
	1691	+	immediately preceding submission of such bid, has a business address 1435
	1692	+	in the state and has affirmatively claimed such status in the bid 1436
	1693	+	submission, and "contract" [means "contract" as defined in section 4e-1 1437
	1694	+	and "state contracting agency" means "state contracting agency", as 1438
	1695	+	defined] and "contracting agency" have the same meanings as provided 1439
	1696	+	in section 4e-1, as amended by this act. 1440
	1697	+	(b) Notwithstanding any provision of law, in the award of a contract, 1441
	1698	+	after the original bids have been received and an original lowest 1442
	1699	+	responsible qualified bid is identified, a [state] contracting agency shall 1443
	1700	+	add a per cent increase to the original bid of a nonresident bidder equal 1444
	1701	+	to the per cent, if any, of the preference given to such nonresident bidder 1445
	1702	+	in the state in which such nonresident bidder resides. If, after 1446
	1703	+	application of such per cent increase, the bidder that submits the lowest 1447
	1704	+	responsible qualified bid is a resident bidder, the [state] contracting 1448
	1705	+	agency shall award such contract to such resident bidder provided such 1449
	1706	+	resident bidder agrees, in writing, to meet the original lowest 1450
	1707	+	responsible qualified bid. Any such agreement by such resident bidder 1451
	1708	+	to meet the original lowest responsible qualified bid shall be made not 1452
	1709	+	later than seventy-two hours after such resident bidder receives notice 1453
	1710	+	from such [state] contracting agency that such resident bidder may be 1454
	1711	+	awarded such contract if such resident bidder agrees to meet the 1455
	1712	+	original lowest responsible qualified bid. 1456
	1713	+	(c) Not later than January 1, 2009, and each January thereafter, the 1457
	1714	+	State Contracting Standards Board shall publish a list of states that give 1458
	1715	+	preference to in-state bidders with the per cent increase applied in each 1459
	1716	+	state. Such list shall be made available to all [state] contracting agencies 1460
	1717	+	and may be relied upon by such agencies in determining the lowest 1461
	1718	+	responsible bidder. 1462
	1719	+	Sec. 40. Section 4e-72 of the 2022 supplement to the general statutes 1463
	1720	+	is repealed and the following is substituted in lieu thereof (Effective July 1464
	1721	+	1, 2022): 1465 Raised Bill No. 473
	1722	+
	1723	+
	1724	+
	1725	+	LCO No. 3459 48 of 60
	1726	+
	1727	+	As used in this section, "contract", ["state contracting agency"] 1466
	1728	+	"contracting agency", "data" and "contractor" have the same meanings 1467
	1729	+	as provided in section 4e-1, as amended by this act. Any contract 1468
	1730	+	between a [state] contracting agency of the state and a contractor that is 1469
	1731	+	entered into, renewed or amended on or after October 1, 2021, shall 1470
	1732	+	contain a provision authorizing the [state] contracting agency to access 1471
	1733	+	any data concerning such contract that is in the possession or control of 1472
	1734	+	the contractor upon demand in a format prescribed by the [state] 1473
	1735	+	contracting agency at no additional cost to such agency. 1474
	1736	+	Sec. 41. Section 15-31b of the 2022 supplement to the general statutes 1475
	1737	+	is repealed and the following is substituted in lieu thereof (Effective July 1476
	1738	+	1, 2022): 1477
	1739	+	(a) The purposes of the Connecticut Port Authority shall be to 1478
	1740	+	coordinate the development of Connecticut's ports and harbors, with a 1479
	1741	+	focus on private and public investments, pursue federal and state funds 1480
	1742	+	for dredging and other infrastructure improvements to increase cargo 1481
	1743	+	movement through the ports and maintain navigability of all ports and 1482
	1744	+	harbors, market the economic development of such ports and harbors, 1483
	1745	+	work with the Department of Economic and Community Development 1484
	1746	+	and other state, local and private entities to maximize the economic 1485
	1747	+	potential of the ports and harbors, support and enhance the overall 1486
	1748	+	development of the state's maritime commerce and industries, 1487
	1749	+	coordinate the planning and funding of capital projects promoting the 1488
	1750	+	development of the ports and harbors, develop strategic entrepreneurial 1489
	1751	+	initiatives that may be available to the state, coordinate the state's 1490
	1752	+	maritime policy activities, serve as the Governor's principal maritime 1491
	1753	+	policy advisor and undertake such other responsibilities as may be 1492
	1754	+	assigned to it. To accomplish the purposes of the authority, the authority 1493
	1755	+	shall have the duty and power to: 1494
	1756	+	(1) Have perpetual succession as a body politic and corporate and to 1495
	1757	+	adopt bylaws for the regulation of its affairs and the conduct of its 1496
	1758	+	business; 1497 Raised Bill No. 473
	1759	+
	1760	+
	1761	+
	1762	+	LCO No. 3459 49 of 60
	1763	+
	1764	+	(2) Adopt an official seal and alter the same at pleasure; 1498
	1765	+	(3) Maintain an office at such place or places as it may designate; 1499
	1766	+	(4) Sue and be sued in its own name, and plead and be impleaded; 1500
	1767	+	(5) Develop an organizational and management structure that will 1501
	1768	+	best accomplish the goals of the authority concerning Connecticut ports 1502
	1769	+	and harbors; 1503
	1770	+	(6) Create a code of conduct for the board of directors of the authority 1504
	1771	+	consistent with part I of chapter 10; 1505
	1772	+	(7) Adopt rules for the conduct of its business, which shall not be 1506
	1773	+	considered regulations as defined in section 4-166; 1507
	1774	+	(8) Adopt an annual budget and plan of operations, including a 1508
	1775	+	requirement of board approval before the budget or plan may take 1509
	1776	+	effect; 1510
	1777	+	(9) Make and enter into all contracts and agreements that are 1511
	1778	+	necessary, desirable or incidental to the conduct of its business; 1512
	1779	+	(10) Enter into joint ventures and invest in, and participate with, any 1513
	1780	+	person or entity, including, without limitation, governmental or private 1514
	1781	+	business entities in the formation, ownership, management and 1515
	1782	+	operation of business entities, including stock and nonstock 1516
	1783	+	corporations, limited liability companies and general and limited 1517
	1784	+	partnerships, formed to advance the purposes of the authority. The 1518
	1785	+	officers, employees and members of the board of directors of the 1519
	1786	+	authority may serve, without compensation, as directors or officers of 1520
	1787	+	any such business entities formed and such service shall be deemed to 1521
	1788	+	be within the discharge of the duties of such officers, employees or 1522
	1789	+	directors to the authority; 1523
	1790	+	(11) Receive and accept, from any source, aid or contributions, 1524
	1791	+	including money, property, labor and other things of value; 1525 Raised Bill No. 473
	1792	+
	1793	+
	1794	+
	1795	+	LCO No. 3459 50 of 60
	1796	+
	1797	+	(12) Award grants and subsidies, make loans and provide other 1526
	1798	+	forms of financial assistance to any person or entity under a written 1527
	1799	+	policy, adopted in accordance with the provisions of section 1-121, 1528
	1800	+	setting forth the eligibility criteria, application process, and such other 1529
	1801	+	provisions as may be necessary or desirable to carry out the purposes of 1530
	1802	+	this section; 1531
	1803	+	(13) Charge reasonable fees for the services it performs and waive, 1532
	1804	+	suspend, reduce or otherwise modify such fees in accordance with 1533
	1805	+	written criteria established by the authority, and provided, that no 1534
	1806	+	change may be made in fees without at least thirty days prior notice, 1535
	1807	+	published in accordance with the provisions of section 1-121; 1536
	1808	+	(14) Employ such assistants, agents and other employees as may be 1537
	1809	+	necessary or desirable to carry out its purposes. (A) The executive 1538
	1810	+	director and such employees shall be exempt from the classified service 1539
	1811	+	and, except as provided in subparagraph (B) of this subdivision, shall 1540
	1812	+	not be employees, as defined in subsection (b) of section 5-270. The 1541
	1813	+	authority shall fix appropriate compensation for such employees and 1542
	1814	+	establish all necessary or appropriate personnel practices and policies, 1543
	1815	+	including those relating to hiring, promotion, compensation, retirement 1544
	1816	+	and collective bargaining, which need not be in accordance with chapter 1545
	1817	+	68, and the authority shall not be an employer, as defined in subsection 1546
	1818	+	(a) of section 5-270, and may engage consultants, attorneys and 1547
	1819	+	appraisers as may be necessary or desirable to carry out its purposes in 1548
	1820	+	accordance with sections 15-31a to 15-31i, inclusive. (B) For purposes of 1549
	1821	+	group welfare benefits and retirement, including, but not limited to, 1550
	1822	+	those provided under chapter 66 and sections 5-257 and 5-259, the 1551
	1823	+	officers and all other employees of the authority shall be state 1552
	1824	+	employees. The authority shall reimburse the appropriate state agencies 1553
	1825	+	for all costs incurred by such designation; 1554
	1826	+	(15) Invest in, acquire, lease, purchase, own, manage, hold and 1555
	1827	+	dispose of real property and lease, convey or deal in or enter into 1556
	1828	+	agreements with respect to such property on any terms necessary or 1557
	1829	+	incidental to carrying out the purposes of sections 15-31a to 15-31i, 1558 Raised Bill No. 473
	1830	+
	1831	+
	1832	+
	1833	+	LCO No. 3459 51 of 60
	1834	+
	1835	+	inclusive, provided such transactions shall not be subject to approval, 1559
	1836	+	review or regulation by any state agency pursuant to title 4b or any other 1560
	1837	+	provision of the general statutes, except (A) the authority shall not 1561
	1838	+	convey fee simple ownership in any property associated with the ports 1562
	1839	+	or harbors under its jurisdiction and control without the approval of the 1563
	1840	+	State Properties Review Board and the Attorney General, and (B) as 1564
	1841	+	provided in [subsection (c) of this section] chapter 62; and 1565
	1842	+	(16) Adopt any policies and procedures necessary to carry out the 1566
	1843	+	provisions of this section in accordance with the provisions of section 1-1567
	1844	+	121. 1568
	1845	+	(b) The authority shall continue as long as it has bonds or other 1569
	1846	+	obligations outstanding and until its existence is terminated by law, 1570
	1847	+	provided no such termination shall affect any outstanding contractual 1571
	1848	+	obligation of the authority and the state shall succeed to the obligations 1572
	1849	+	of the authority under any contract. Upon the termination of the 1573
	1850	+	existence of the authority, all its rights and properties shall pass to and 1574
	1851	+	be vested in the state of Connecticut. 1575
	1852	+	[(c) On and after June 23, 2021, until July 1, 2026, the authority shall 1576
	1853	+	be a state contracting agency for the purposes of chapter 62, except for 1577
	1854	+	the provisions of section 4e-16, and shall be subject to the authority of 1578
	1855	+	the State Contracting Standards Board established under section 4e-2.] 1579
	1856	+	Sec. 42. Subsection (e) of section 19a-32s of the general statutes is 1580
	1857	+	repealed and the following is substituted in lieu thereof (Effective July 1, 1581
	1858	+	2022): 1582
	1859	+	(e) For purposes of this section and section 19a-32r, the board shall 1583
	1860	+	not be considered a [state] contracting agency, as defined in [subdivision 1584
	1861	+	(28) of] section 4e-1, as amended by this act. 1585
	1862	+	Sec. 43. Subsection (c) of section 10-357b of the 2022 supplement to 1586
	1863	+	the general statutes is repealed and the following is substituted in lieu 1587
	1864	+	thereof (Effective July 1, 2022): 1588 Raised Bill No. 473
	1865	+
	1866	+
	1867	+
	1868	+	LCO No. 3459 52 of 60
	1869	+
	1870	+	(c) The State Education Resource Center shall be subject to (1) rules, 1589
	1871	+	regulations and restrictions on purchasing, procurement, personal 1590
	1872	+	service agreements and the disposition of assets generally applicable to 1591
	1873	+	Connecticut state agencies, including those contained in titles 4, 4a and 1592
	1874	+	4b and [section 4e-19] chapter 62, and (2) audit by the Auditors of Public 1593
	1875	+	Accounts under chapter 12 and section 2-90. 1594
	1876	+	Sec. 44. Section 10a-196 of the general statutes is repealed and the 1595
	1877	+	following is substituted in lieu thereof (Effective July 1, 2022): 1596
	1878	+	Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1597
	1879	+	complete, additional and alternative method for the doing of the things 1598
	1880	+	authorized thereby, and shall be regarded as supplemental and 1599
	1881	+	additional to powers conferred by other laws; provided the issuance of 1600
	1882	+	bonds and refunding bonds under the provisions of this chapter need 1601
	1883	+	not comply with the requirements of any other law applicable to the 1602
	1884	+	issuance of bonds including, particularly, title 42a; and provided in the 1603
	1885	+	construction and acquisition of a project pursuant hereto the authority 1604
	1886	+	need not comply with the requirements of chapter 50. Except as 1605
	1887	+	otherwise expressly provided in this chapter, none of the powers 1606
	1888	+	granted to the authority under the provisions of this chapter shall be 1607
	1889	+	subject to the supervision or regulation or require the approval or 1608
	1890	+	consent of any municipality or political subdivision or any commission, 1609
	1891	+	board, body, bureau, official or agency thereof or of the state, except for 1610
	1892	+	the provisions concerning quasi-public agencies set forth in chapter 62. 1611
	1893	+	Sec. 45. Subsection (s) of section 10a-204b of the general statutes is 1612
	1894	+	repealed and the following is substituted in lieu thereof (Effective July 1, 1613
	1895	+	2022): 1614
	1896	+	(s) The provisions of this section shall be deemed to provide a 1615
	1897	+	complete, additional and alternative method for the actions and the 1616
	1898	+	things authorized thereby and shall be regarded as supplemental and 1617
	1899	+	additional to powers granted by other laws; the issuance of bonds, notes 1618
	1900	+	or other obligations under the provisions of this section need not comply 1619
	1901	+	with the requirements of any law applicable to the issuance of bonds, 1620 Raised Bill No. 473
	1902	+
	1903	+
	1904	+
	1905	+	LCO No. 3459 53 of 60
	1906	+
	1907	+	notes or other obligations. This section, being necessary for the welfare 1621
	1908	+	of the state and its inhabitants, shall be liberally construed to affect its 1622
	1909	+	purpose. None of the powers granted to the corporation or to any 1623
	1910	+	subsidiary created pursuant to subdivision (5) of section 10a-204 under 1624
	1911	+	the provisions of this section shall be subject to the supervision or 1625
	1912	+	regulation or require the approval or consent of any municipality or 1626
	1913	+	political subdivision or any department, division, commission, board, 1627
	1914	+	body, bureau, official or agency thereof or of the state, and the exercise 1628
	1915	+	thereof shall not cause the corporation or any such subsidiary to be 1629
	1916	+	construed to be an agency within the scope of chapter 54 or a 1630
	1917	+	department, institution or agency of the state, except that the 1631
	1918	+	corporation or any such subsidiary shall comply with any provisions of 1632
	1919	+	chapter 62 concerning quasi-public agencies. 1633
	1920	+	Sec. 46. Section 10a-243 of the general statutes is repealed and the 1634
	1921	+	following is substituted in lieu thereof (Effective July 1, 2022): 1635
	1922	+	The provisions of this chapter shall be deemed to provide a complete, 1636
	1923	+	additional and alternative method for the actions of the things 1637
	1924	+	authorized thereby and shall be regarded as supplemental and 1638
	1925	+	additional to powers granted by other laws; the issuance of revenue 1639
	1926	+	bonds or notes and revenue refunding bonds or notes under the 1640
	1927	+	provisions of this chapter need not comply with the requirements of any 1641
	1928	+	other law applicable to the issuance of bonds or notes. This chapter, 1642
	1929	+	being necessary for the welfare of the state and its inhabitants, shall be 1643
	1930	+	liberally construed to effect its purpose. Except as otherwise expressly 1644
	1931	+	provided in this chapter or the provisions concerning quasi-public 1645
	1932	+	agencies in chapter 62, none of the powers granted to the authority 1646
	1933	+	under the provisions of this chapter shall be subject to the supervision 1647
	1934	+	or regulation or require the approval or consent of any municipality or 1648
	1935	+	political subdivision or any department, division, commission, board, 1649
	1936	+	body, bureau, official or agency thereof or of the state. The authority 1650
	1937	+	shall not be construed to be an agency within the scope of chapter 54 or 1651
	1938	+	a department, institution or agency of the state. 1652
	1939	+	Sec. 47. Subdivision (16) of subsection (b) of section 12-806 of the 2022 1653 Raised Bill No. 473
	1940	+
	1941	+
	1942	+
	1943	+	LCO No. 3459 54 of 60
	1944	+
	1945	+	supplement to the general statutes is repealed and the following is 1654
	1946	+	substituted in lieu thereof (Effective July 1, 2022): 1655
	1947	+	(16) To invest in, acquire, lease, purchase, own, manage, hold and 1656
	1948	+	dispose of real property and lease, convey or deal in or enter into 1657
	1949	+	agreements with respect to such property on any terms necessary or 1658
	1950	+	incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1659
	1951	+	818, inclusive, and sections 12-853 and 12-854, provided such 1660
	1952	+	transactions shall not be subject to approval, review or regulation 1661
	1953	+	pursuant to title 4b or any other statute by any state agency, except that 1662
	1954	+	real property transactions shall be subject to review by the State 1663
	1955	+	Properties Review Board and contracts shall be subject to the applicable 1664
	1956	+	provisions of chapter 62; 1665
	1957	+	Sec. 48. Section 12-815 of the general statutes is repealed and the 1666
	1958	+	following is substituted in lieu thereof (Effective July 1, 2022): 1667
	1959	+	(a) The corporation shall establish and adopt specific policies, rules 1668
	1960	+	and procedures on purchasing and contracting. Such policies, rules and 1669
	1961	+	procedures or amendments thereto shall be approved by a two-thirds 1670
	1962	+	vote of the entire board. Notwithstanding any other provision of law to 1671
	1963	+	the contrary, the corporation may enter into management, consulting 1672
	1964	+	and other agreements for the provision of goods, services and 1673
	1965	+	professional advisors necessary or useful in connection with the 1674
	1966	+	operation and management of the lottery (1) pursuant to a process of 1675
	1967	+	open or competitive bidding, provided (A) the corporation shall first 1676
	1968	+	determine the format, content and scope of any agreement for any 1677
	1969	+	procurement of goods or services, the conditions under which bidding 1678
	1970	+	will take place and the schedule and stipulations for contract award, and 1679
	1971	+	(B) the corporation may select the contractor deemed to have submitted 1680
	1972	+	the most favorable bid, considering price and other factors, when, in the 1681
	1973	+	judgment of the corporation, such award is in the best interests of the 1682
	1974	+	corporation, or (2) if the corporation, in its discretion, determines that, 1683
	1975	+	due to the nature of the agreement to be contracted for or procured, 1684
	1976	+	open or public bidding is either impracticable or not in the best interests 1685
	1977	+	of the corporation, by negotiation with such prospective providers as 1686 Raised Bill No. 473
	1978	+
	1979	+
	1980	+
	1981	+	LCO No. 3459 55 of 60
	1982	+
	1983	+	the corporation may determine. The terms and conditions of agreements 1687
	1984	+	and the fees or other compensation to be paid to such persons shall be 1688
	1985	+	determined by the corporation. The agreements entered into by the 1689
	1986	+	corporation in accordance with the provisions of this section shall not 1690
	1987	+	be subject to the approval of any state department, office or agency, 1691
	1988	+	except as provided in any applicable provision of chapter 62 or 1692
	1989	+	regulations adopted by the Department of Consumer Protection. 1693
	1990	+	Nothing in this section shall be deemed to restrict the discretion of the 1694
	1991	+	corporation to utilize its own staff and workforce for the performance of 1695
	1992	+	any of its assigned responsibilities and functions whenever, in the 1696
	1993	+	discretion of the corporation, it becomes necessary, convenient or 1697
	1994	+	desirable to do so. Copies of all agreements of the corporation shall be 1698
	1995	+	maintained by the corporation at its offices as public records, subject to 1699
	1996	+	said exemption. 1700
	1997	+	(b) [The] Except as provided in chapter 62, the corporation shall not 1701
	1998	+	be subject to rules, regulations or restrictions on purchasing or 1702
	1999	+	procurement or the disposition of assets generally applicable to 1703
	2000	+	Connecticut state agencies, including those contained in titles 4a and 4b 1704
	2001	+	and the corresponding rules and regulations. The board shall adopt 1705
	2002	+	rules and procedures on purchasing, procurement and the disposition 1706
	2003	+	of assets applicable to the corporation. The adoption of such rules or 1707
	2004	+	procedures shall not be subject to chapter 54. Any such rules or 1708
	2005	+	procedures shall be a public record, as defined in section 1-200. 1709
	2006	+	Sec. 49. Section 22a-268 of the general statutes is repealed and the 1710
	2007	+	following is substituted in lieu thereof (Effective July 1, 2022): 1711
	2008	+	The authority shall utilize private industry, by contract, to carry out 1712
	2009	+	the business, design, operating, management, marketing, planning and 1713
	2010	+	research and development functions of the authority, unless the 1714
	2011	+	authority determines that it is in the public interest to adopt another 1715
	2012	+	course of action. The authority is hereby empowered to enter into long-1716
	2013	+	term contracts with private persons for the performance of any such 1717
	2014	+	functions of the authority which, in the opinion of the authority, can 1718
	2015	+	desirably and conveniently be carried out by a private person under 1719 Raised Bill No. 473
	2016	+
	2017	+
	2018	+
	2019	+	LCO No. 3459 56 of 60
	2020	+
	2021	+	contract provided any such contract shall contain such terms and 1720
	2022	+	conditions as will enable the authority to retain overall supervision and 1721
	2023	+	control of the business, design, operating, management, transportation, 1722
	2024	+	marketing, planning and research and development functions to be 1723
	2025	+	carried out or to be performed by such private persons pursuant to such 1724
	2026	+	contract. Such contracts shall be entered into either on a competitive 1725
	2027	+	negotiation or competitive bidding basis, and the authority in its 1726
	2028	+	discretion may select the type of contract it deems most prudent to 1727
	2029	+	utilize, pursuant to the contracting procedures adopted under section 1728
	2030	+	22a-268a and considering the scope of work, the management 1729
	2031	+	complexities associated therewith, the extent of current and future 1730
	2032	+	technological development requirements and the best interests of the 1731
	2033	+	state. Whenever a long-term contract is entered into on other than a 1732
	2034	+	competitive bidding basis, the criteria and procedures therefor shall 1733
	2035	+	conform to applicable provisions of subdivision (16) of subsection (a) 1734
	2036	+	and subsections (b) and (c) of section 22a-266, provided however, that 1735
	2037	+	any contract for a period of over five years in duration, or any contract 1736
	2038	+	for which the annual consideration is greater than fifty thousand dollars 1737
	2039	+	shall be approved by a two-thirds vote of the authority's full board of 1738
	2040	+	directors. The terms and conditions of such contracts shall be 1739
	2041	+	determined by the authority, as shall the fees or other similar 1740
	2042	+	compensation to be paid to such persons for such contracts. The 1741
	2043	+	contracts entered into by the authority shall not be subject to the 1742
	2044	+	approval of any other state department, office or agency, except as 1743
	2045	+	provided in chapter 62. However, copies of all contracts of the authority 1744
	2046	+	shall be maintained by the authority as public records, subject to the 1745
	2047	+	proprietary rights of any party to the contract. Nothing of the aforesaid 1746
	2048	+	shall be deemed to restrict the discretion of the authority to utilize its 1747
	2049	+	own staff and work force for the performance of any of its assigned 1748
	2050	+	responsibilities and functions whenever, in the discretion of the 1749
	2051	+	authority, it becomes necessary, convenient or desirable to do so. Any 1750
	2052	+	litigation with respect to any terms, conditions or provisions of any 1751
	2053	+	contract of the authority, or the performance or nonperformance of same 1752
	2054	+	by either party, shall be tried before a judge of the Superior Court of 1753
	2055	+	Connecticut. 1754 Raised Bill No. 473
	2056	+
	2057	+
	2058	+
	2059	+	LCO No. 3459 57 of 60
	2060	+
	2061	+	Sec. 50. Subdivision (14) of subsection (b) of section 31-49h of the 1755
	2062	+	general statutes is repealed and the following is substituted in lieu 1756
	2063	+	thereof (Effective July 1, 2022): 1757
	2064	+	(14) Make and enter into any contract or agreement necessary or 1758
	2065	+	incidental to the performance of its duties and execution of its powers. 1759
	2066	+	[The] Except as provided in chapter 62, the contracts and agreements 1760
	2067	+	entered into by the authority shall not be subject to the approval of any 1761
	2068	+	other state department, office or agency, provided copies of all such 1762
	2069	+	contracts shall be maintained by the authority as public records, subject 1763
	2070	+	to the proprietary rights of any party to such contracts. No contract shall 1764
	2071	+	contain any provision in which any contractor derives any direct or 1765
	2072	+	indirect economic benefit from denying or otherwise influencing the 1766
	2073	+	outcome of any claim for benefits. The standard criteria for the 1767
	2074	+	evaluation of proposals relating to claims processing, web site 1768
	2075	+	development, database development, marketing and advertising, in the 1769
	2076	+	event the authority seeks the services of an outside contractor for such 1770
	2077	+	tasks, and for the evaluation of proposals relating to all other contracts 1771
	2078	+	in amounts equal to or exceeding two hundred fifty thousand dollars 1772
	2079	+	shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1773
	2080	+	efficiency of operations, (D) quality of work related to the contracts 1774
	2081	+	issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1775
	2082	+	analysis documenting the direct and indirect costs of such contracts, 1776
	2083	+	including qualitative and quantitative benefits that will result from the 1777
	2084	+	implementation of such contracts. The establishment of additional 1778
	2085	+	standard criteria shall be approved by a two-thirds vote of the board 1779
	2086	+	after such criteria have been posted on a public Internet web site 1780
	2087	+	maintained by the authority for notice and comment for at least one 1781
	2088	+	week prior to such vote. 1782
	2089	+	Sec. 51. Subdivision (13) of subsection (c) of section 38a-1083 of the 1783
	2090	+	2022 supplement to the general statutes is repealed and the following is 1784
	2091	+	substituted in lieu thereof (Effective July 1, 2022): 1785
	2092	+	(13) Make and enter into any contract or agreement necessary or 1786
	2093	+	incidental to the performance of its duties and execution of its powers, 1787 Raised Bill No. 473
	2094	+
	2095	+
	2096	+
	2097	+	LCO No. 3459 58 of 60
	2098	+
	2099	+	including, but not limited to, an agreement with the Office of Health 1788
	2100	+	Strategy to use funds collected under this section for the operation of 1789
	2101	+	the all-payer claims database established under section 19a-755a and to 1790
	2102	+	receive data from such database. The contracts entered into by the 1791
	2103	+	exchange shall not be subject to the approval of any other state 1792
	2104	+	department, office or agency, provided copies of all contracts of the 1793
	2105	+	exchange shall be maintained by the exchange as public records, subject 1794
	2106	+	to the proprietary rights of any party to the contract, except (A) as 1795
	2107	+	provided in chapter 62, and (B) any agreement with the Office of Health 1796
	2108	+	Strategy shall be subject to approval by said office and the Office of 1797
	2109	+	Policy and Management and no portion of such agreement shall be 1798
	2110	+	considered proprietary; 1799
	2111	+	Sec. 52. (Effective July 1, 2022) The sum of four hundred sixty-seven 1800
	2112	+	thousand fifty-five dollars is appropriated to the State Contracting 1801
	2113	+	Standards Board from the General Fund, for the fiscal year ending June 1802
	2114	+	30, 2023, for purposes of funding the filling of five positions in 1803
	2115	+	accordance with section 2 of this act. 1804
2161	2116		This act shall take effect as follows and shall amend the following
2162	2117		sections:
2163	2118
2164	2119		Section 1 from passage New section
2165	2120		Sec. 2 July 1, 2022 New section
2166	2121		Sec. 3 July 1, 2022 4e-1
2167		-	Sec. 4 July 1, 2022 4e-2(g) and (h)
2168		-	Sec. 5 July 1, 2022 4e-3 Substitute Bill No. 473
2169		-
2170		-
2171		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00473-
2172		-	R01-SB.docx }
2173		-	59 of 60
2174		-
	2122	+	Sec. 4 July 1, 2022 4e-2(f) to (h)
	2123	+	Sec. 5 July 1, 2022 4e-3
2175	2124		Sec. 6 July 1, 2022 4e-4
2176	2125		Sec. 7 July 1, 2022 4e-5(a) to (c)
2177	2126		Sec. 8 July 1, 2022 4e-6
2178	2127		Sec. 9 July 1, 2022 4e-7
2179	2128		Sec. 10 July 1, 2022 4e-8
2180	2129		Sec. 11 July 1, 2022 4e-10
2181	2130		Sec. 12 July 1, 2022 4e-14
2182	2131		Sec. 13 July 1, 2022 4e-16
2183	2132		Sec. 14 July 1, 2022 4e-17
2184	2133		Sec. 15 July 1, 2022 4e-18
2185		-	Sec. 16 July 1, 2022 4e-19
	2134	+	Sec. 16 July 1, 2022 4e-19 Raised Bill No. 473
	2135	+
	2136	+
	2137	+
	2138	+	LCO No. 3459 59 of 60
	2139	+
2186	2140		Sec. 17 July 1, 2022 4e-21
2187	2141		Sec. 18 July 1, 2022 4e-24
2188	2142		Sec. 19 July 1, 2022 4b-51(d)
2189	2143		Sec. 20 July 1, 2022 4b-57(a)
2190	2144		Sec. 21 July 1, 2022 4b-91(g)
2191	2145		Sec. 22 July 1, 2022 4e-25
2192	2146		Sec. 23 July 1, 2022 4e-27
2193	2147		Sec. 24 July 1, 2022 4e-28
2194	2148		Sec. 25 July 1, 2022 4e-29
2195	2149		Sec. 26 July 1, 2022 4e-30
2196	2150		Sec. 27 July 1, 2022 4e-31
2197	2151		Sec. 28 July 1, 2022 4e-32
2198	2152		Sec. 29 July 1, 2022 4e-33
2199	2153		Sec. 30 July 1, 2022 4e-34
2200	2154		Sec. 31 July 1, 2022 4e-35
2201	2155		Sec. 32 July 1, 2022 4e-37(g) to (i)
2202	2156		Sec. 33 July 1, 2022 4e-38
2203	2157		Sec. 34 July 1, 2022 4e-39
2204	2158		Sec. 35 July 1, 2022 4e-40
2205	2159		Sec. 36 July 1, 2022 4e-43
2206	2160		Sec. 37 July 1, 2022 4e-45
2207	2161		Sec. 38 July 1, 2022 4e-46
2208	2162		Sec. 39 July 1, 2022 4e-48
2209	2163		Sec. 40 July 1, 2022 4e-72
2210	2164		Sec. 41 July 1, 2022 15-31b
2211	2165		Sec. 42 July 1, 2022 19a-32s(e)
2212	2166		Sec. 43 July 1, 2022 10-357b(c)
2213	2167		Sec. 44 July 1, 2022 10a-196
2214		-	Sec. 45 July 1, 2022 10a-204b(s) Substitute Bill No. 473
2215		-
2216		-
2217		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00473-
2218		-	R01-SB.docx }
2219		-	60 of 60
2220		-
	2168	+	Sec. 45 July 1, 2022 10a-204b(s)
2221	2169		Sec. 46 July 1, 2022 10a-243
2222	2170		Sec. 47 July 1, 2022 12-806(b)(16)
2223	2171		Sec. 48 July 1, 2022 12-815
2224	2172		Sec. 49 July 1, 2022 22a-268
2225	2173		Sec. 50 July 1, 2022 31-49h(b)(14)
2226	2174		Sec. 51 July 1, 2022 38a-1083(c)(13)
2227	2175		Sec. 52 July 1, 2022 New section
2228	2176
2229		-	Statement of Legislative Commissioners:
2230		-	In Section 3(12), "state or a quasi-public agency" was changed to
2231		-	"contracting agency" for consistency, Section 6 was reorganized for
2232		-	consistency with standard drafting conventions, in Section 12, "state"
2233		-	was bracketed before "contracts" for consistency and a reference to a
2234		-	definition was added for clarity and consistency and Section 14(a) was
2235		-	rewritten for consistency with standard drafting conventions.
2236		-
2237		-	GAE Joint Favorable Subst.
	2177	+	Statement of Purpose:
	2178	+	To make revisions to provisions concerning the State Contracting
	2179	+	Standards Board, including by giving the board authority over quasi-
	2180	+	public agency and municipal procurement, requiring the hiring of full- Raised Bill No. 473
	2181	+
	2182	+
	2183	+
	2184	+	LCO No. 3459 60 of 60
	2185	+
	2186	+	time staff for the board, prohibiting the Governor from reducing
	2187	+	allotments to the board and limiting the selection of contractors from a
	2188	+	list without a competitive process to emergency procurements.
	2189	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	2190	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	2191	+	underlined.]
2238	2192