Connecticut 2022 Regular Session

Connecticut Senate Bill SB00475 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 475
8		-	February Session, 2022
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12		-	AN ACT CONCERNING STATE AGENCY PROCUREMENT OF
13		-	RECYCLABLE PRODUCTS.
	4	+	LCO No. 3663 1 of 5
	5	+
	6	+	General Assembly Raised Bill No. 475
	7	+	February Session, 2022
	8	+	LCO No. 3663
	9	+
	10	+
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
	17	+
	18	+
	19	+
	20	+
	21	+	AN ACT CONCERNING OVERSIGHT OF STATE AGENCY
	22	+	PROCUREMENT OF RECYCLABLE PRODUCTS.
14	23		Be it enacted by the Senate and House of Representatives in General
15	24		Assembly convened:
16	25
17	26		Section 1. Subsection (c) of section 4a-59 of the 2022 supplement to 1
18	27		the general statutes is repealed and the following is substituted in lieu 2
19	28		thereof (Effective October 1, 2022): 3
20	29		(c) All open market orders or contracts shall be awarded to (1) the 4
21	30		lowest responsible qualified bidder, the qualities of the articles to be 5
22	31		supplied, their conformity with the specifications, their suitability to the 6
23	32		requirements of the state government and the delivery terms being 7
24	33		taken into consideration and, at the discretion of the Commissioner of 8
25	34		Administrative Services, life-cycle costs and trade-in or resale value of 9
26	35		the articles may be considered where it appears to be in the best interest 10
27	36		of the state, (2) the highest scoring bidder in a multiple criteria bid, in 11
28	37		accordance with the criteria set forth in the bid solicitation for the 12
29	38		contract, or (3) the proposer whose proposal is deemed by the awarding 13
30		-	authority to be the most advantageous to the state, in accordance with 14
	39	+	authority to be the most advantageous to the state, in accordance with 14 Raised Bill No. 475
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	41	+
	42	+
	43	+	LCO No. 3663 2 of 5
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31	45		the criteria set forth in the request for proposals, including price and 15
32	46		evaluation factors. Notwithstanding any provision of the general 16
33	47		statutes, [to the contrary,] each state agency awarding a contract 17
34	48		through competitive negotiation shall include price as an explicit factor 18
35		-	in the criteria in the request for proposals and for the contract award. In 19 Substitute Bill No. 475
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	49	+	in the criteria in the request for proposals and for the contract award. In 19
42	50		considering past performance of a bidder for the purpose of 20
43	51		determining the "lowest responsible qualified bidder" or the "highest 21
44	52		scoring bidder in a multiple criteria bid", the commissioner shall 22
45	53		evaluate the skill, ability and integrity of the bidder in terms of the 23
46	54		bidder's fulfillment of past contract obligations and the bidder's 24
47	55		experience or lack of experience in delivering supplies, materials, 25
48	56		equipment or contractual services of the size or amount for which bids 26
49	57		have been solicited. In determining the lowest responsible qualified 27
50	58		bidder for the purposes of this section for contracts awarded on or after 28
51	59		October 1, 2022, the commissioner [may] shall give a price preference of 29
52	60		up to ten per cent for [(A)] the purchase of goods made with recycled 30
53	61		materials or the purchase of recyclable or remanufactured products. [if 31
54	62		the commissioner determines that such preference would promote 32
55	63		recycling or remanufacturing.] As used in this subsection, "recyclable" 33
56	64		means able to be collected, separated or otherwise recovered from the 34
57	65		solid waste stream for reuse, or for use in the manufacture or assembly 35
58	66		of another package or product, by means of a recycling program which 36
59	67		is reasonably available to at least seventy-five per cent of the state's 37
60	68		population, "remanufactured" means restored to its original function 38
61	69		and thereby diverted from the solid waste stream by retaining the bulk 39
62	70		of components that have been used at least once and by replacing 40
63	71		consumable components and "remanufacturing" means any process by 41
64	72		which a product is remanufactured. [; (B)] In determining the lowest 42
65	73		responsible qualified bidder for the purposes of this section, the 43
66	74		commissioner may give a price preference of up to ten per cent for (A) 44
67	75		the purchase of motor vehicles powered by a clean alternative fuel; [(C)] 45
68	76		(B) the purchase of motor vehicles powered by fuel other than a clean 46
69	77		alternative fuel and conversion equipment to convert such motor 47
70	78		vehicles allowing the vehicles to be powered by either the exclusive use 48
71		-	of clean alternative fuel or dual use of a clean alternative fuel and a fuel 49
	79	+	of clean alternative fuel or dual use of a clean alternative fuel and a fuel 49 Raised Bill No. 475
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	81	+
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	83	+	LCO No. 3663 3 of 5
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72	85		other than a clean alternative fuel. As used in this subsection, "clean 50
73	86		alternative fuel" means natural gas, electricity, hydrogen or propane 51
74	87		when used as a motor vehicle fuel; or [(D)] (C) the purchase of goods or 52
75	88		services from a micro business, except that, in the case of a veteran-53
76		-	owned micro business, the commissioner may give a price preference of 54 Substitute Bill No. 475
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	89	+	owned micro business, the commissioner may give a price preference of 54
83	90		up to fifteen per cent. As used in this subsection, "micro business" means 55
84	91		a business with gross revenues not exceeding three million dollars in the 56
85	92		most recently completed fiscal year, "veteran-owned micro business" 57
86	93		means a micro business of which at least fifty-one per cent of the 58
87	94		ownership is held by one or more veterans and "veteran" has the same 59
88	95		meaning as provided in section 27-103. All other factors being equal, 60
89	96		preference shall be given to supplies, materials and equipment 61
90	97		produced, assembled or manufactured in the state and services 62
91	98		originating and provided in the state. Except with regard to contracts 63
92	99		that may be paid for with United States Department of Transportation 64
93	100		funds, if any such bidder refuses to accept, within ten days, a contract 65
94	101		awarded to such bidder, such contract may be awarded to the next 66
95	102		lowest responsible qualified bidder or the next highest scoring bidder in 67
96	103		a multiple criteria bid, whichever is applicable, and so on until such 68
97	104		contract is awarded and accepted. Except with regard to contracts that 69
98	105		may be paid for with United States Department of Transportation funds, 70
99	106		if any such proposer refuses to accept, within ten days, a contract 71
100	107		awarded to such proposer, such contract shall be awarded to the next 72
101	108		most advantageous proposer, and so on until the contract is awarded 73
102	109		and accepted. There shall be a written evaluation made of each bid. This 74
103	110		evaluation shall identify the vendors and their respective costs and 75
104	111		prices, document the reason why any vendor is deemed to be 76
105	112		nonresponsive and recommend a vendor for award. A contract valued 77
106	113		at one million dollars or more shall be awarded to a bidder other than 78
107	114		the lowest responsible qualified bidder or the highest scoring bidder in 79
108	115		a multiple criteria bid, whichever is applicable, only with written 80
109	116		approval signed by the Commissioner of Administrative Services and 81
110	117		by the Comptroller. The commissioner shall post on the department's 82
111	118		Internet web site all awards made pursuant to the provisions of this 83
112		-	section. 84
	119	+	section. 84 Raised Bill No. 475
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	123	+	LCO No. 3663 4 of 5
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113	125		Sec. 2. Section 4a-67a of the general statutes is repealed and the 85
114	126		following is substituted in lieu thereof (Effective October 1, 2022): 86
115		-	(a) The Commissioner of Administrative Services shall, whenever 87 Substitute Bill No. 475
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	127	+	(a) The Commissioner of Administrative Services shall, whenever 87
122	128		practicable, make efforts to increase state procurement of goods that 88
123	129		contain recycled materials and products that are recyclable or 89
124	130		remanufactured, as defined in subsection (c) of section 4a-59, as 90
125	131		amended by this act. Such efforts [may] shall include: (1) Requiring 91
126	132		replies to state agency bid specifications to include a statement of 92
127	133		postconsumer and secondary waste content; (2) establishing minimum 93
128	134		goals for state purchase of white bond and other paper with specified 94
129	135		postconsumer and secondary waste content and a schedule for the 95
130	136		accomplishment of such goals; (3) requiring bids to be accompanied by 96
131	137		statements assessing the ability of the materials to be recycled or 97
132	138		products to be recycled or remanufactured and assessing the extent to 98
133	139		which there are established recycling programs which would facilitate 99
134	140		recycling or remanufacturing; (4) authorizing the Department of 100
135	141		Administrative Services to substitute similar but different paper 101
136	142		products to meet agency orders if the substitute has a higher 102
137	143		postconsumer waste content; (5) requiring the Department of 103
138	144		Administrative Services to revise a specification to eliminate 104
139	145		requirements which favor virgin over recycled materials unless there is 105
140	146		a compelling reason for the specification; (6) requiring the commissioner 106
141	147		to investigate and report to the Municipal Solid Waste Recycling 107
142	148		Advisory Council opportunities for purchase of materials containing 108
143	149		postconsumer waste; and (7) requiring the state to utilize two-sided 109
144	150		copies, whenever possible, to reduce paper waste. 110
145	151		(b) The Commissioner of Administrative Services shall post on the 111
146	152		department's Internet web site information regarding the department's 112
147	153		efforts to increase state procurement of goods that contain recycled 113
148	154		materials and products that are recyclable or remanufactured. 114
149	155		(c) The Commissioner of Administrative Services shall revise the 115
150	156		specifications for products and materials purchased by the state for 116
151		-	which the United States Environmental Protection Agency has 117
	157	+	which the United States Environmental Protection Agency has 117 Raised Bill No. 475
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	161	+	LCO No. 3663 5 of 5
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152	163		guidelines for minimum recycled content to incorporate such minimum 118
153	164		guidelines. Such specifications shall favor recycled, recyclable or 119
154		-	remanufactured products and materials where such products or 120 Substitute Bill No. 475
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	165	+	remanufactured products and materials where such products or 120
161	166		materials are available. 121
162	167		This act shall take effect as follows and shall amend the following
163	168		sections:
164	169
165	170		Section 1 October 1, 2022 4a-59(c)
166	171		Sec. 2 October 1, 2022 4a-67a
167	172
168		-	Statement of Legislative Commissioners:
169		-	The title was changed.
170		-
171		-	GAE Joint Favorable Subst. -LCO
	173	+	Statement of Purpose:
	174	+	To require (1) a price preference of up to ten per cent for recyclable or
	175	+	remanufactured products procured by state agencies, and (2) state
	176	+	agencies to increase procurement of recycled and recyclable products.
	177	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	178	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	179	+	underlined.]
172	180