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 Section 4e-1 of the general statutes is repealed and the 16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