LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-R02-
HB.docx
1 of 9
General Assembly Substitute Bill No. 5692
January Session, 2023
AN ACT CONCERNING OVERSIGHT OF CONTRACTS OF THE
CONNECTICUT PORT AUTHORITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2023) (a) As used in this 1
section: 2
(1) "Authority" means the Connecticut Port Authority established 3
under section 15-31a of the general statutes; 4
(2) "Supplies", "materials" and "equipment" mean any and all 5
articles of personal property furnished to or used by the authority; 6
(3) "Contractual services" means any laundry and cleaning service, 7
pest control service, janitorial service, security service, the rental and 8
repair, or maintenance, of equipment, machinery and other state-9
owned personal property, advertising and other service arrangements 10
where the service is provided by persons other than employees of the 11
authority; 12
(4) "Competitive bidding" means the submission of prices by 13
persons, firms or corporations competing for a contract to provide 14
supplies, materials, equipment or contractual services, under a 15
procedure in which the authority does not negotiate prices; 16
(5) "Competitive negotiation" means a procedure for contracting for 17 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
2 of 9
supplies, materials, equipment or contractual services, in which (A) 18
proposals are solicited from qualified suppliers by a request for 19
proposals, and (B) changes may be negotiated in proposals and prices 20
after being submitted; 21
(6) "Bidder" means a person, firm or corporation submitting a 22
competitive bid in response to a solicitation; 23
(7) "Proposer" means a person, firm or corporation submitting a 24
proposal in response to a request for proposals; 25
(8) "Lowest responsible qualified bidder" means the bidder whose 26
bid is the lowest of those bidders possessing the skill, ability and 27
integrity necessary to faithful performance of the work based on 28
objective criteria considering past performance and financial 29
responsibility; and 30
(9) "Highest scoring bidder in a multiple criteria bid" means the 31
bidder whose bid receives the highest score for a combination of 32
attributes, including, but not limited to, price, skill, ability and 33
integrity necessary for the faithful performance of the work, based on 34
multiple criteria considering quality of product, warranty, life-cycle 35
cost, past performance, financial responsibility and other objective 36
criteria that are established in the bid solicitation for the contract. 37
(b) Notwithstanding any provision of the general statutes, any 38
purchases of, and contracts for, supplies, materials, equipment and 39
contractual services by the Connecticut Port Authority, except 40
purchases and contracts made pursuant to the provisions of subsection 41
(c) of this section and public utility services as provided in subsection 42
(e) of this section, shall be based, when possible, on competitive bids or 43
competitive negotiation. The authority shall solicit competitive bids or 44
proposals by providing notice of the planned purchase in a form and 45
manner that the authority determines will maximize public 46
participation in the competitive bidding or competitive negotiation 47
process, including participation by small contractors, as defined in 48 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
3 of 9
section 4a-60g of the general statutes, and promote competition. Each 49
notice of a planned purchase under this subsection shall indicate the 50
type of goods and services to be purchased and the estimated value of 51
the contract award. The notice shall, when applicable, also contain a 52
notice of contract requirements concerning nondiscrimination and 53
affirmative action pursuant to section 4a-60 of the general statutes and 54
requirements concerning the awarding of contracts to small 55
contractors, minority business enterprises, individuals with a disability 56
and nonprofit corporations pursuant to section 4a-60g of the general 57
statutes. Each bid and proposal shall be kept sealed or secured until 58
opened publicly at the time stated in the notice soliciting such bid or 59
proposal. 60
(c) The authority may waive the requirement of competitive bidding 61
or competitive negotiation in the case of minor nonrecurring or 62
emergency purchases of ten thousand dollars or less in amount. 63
(d) The authority shall adopt procedures, in accordance with the 64
provisions of section 1-121 of the general statutes, establishing (1) 65
standards and procedures for using competitive negotiation for 66
purchases and contracts, including, but not limited to, criteria which 67
shall be considered in making purchases by competitive negotiation 68
and the weight which shall be assigned to each such criterion, and (2) 69
standards and procedures under which additional purchases may be 70
made under existing contracts. 71
(e) The purchase of or contract for the following public utility 72
services shall not be subject to competitive bidding or competitive 73
negotiation: (1) Electric distribution services; (2) water services; (3) gas 74
distribution services; (4) electric generation services if such services are 75
provided by an electric municipal utility other than a participating 76
electric municipal utility, as defined in section 16-1 of the general 77
statutes, in the service area of such electric municipal utility; and (5) 78
gas supply services until the date such services are competitive 79
pursuant to legislative act or order of the Public Utilities Regulatory 80
Authority, provided gas supply services shall be exempt from 81 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
4 of 9
competitive bidding and competitive negotiation after such date if 82
such services are provided by a gas municipal utility in the service area 83
of such gas municipal utility. 84
(f) All open market orders or contracts of the authority shall be 85
awarded to (1) the lowest responsible qualified bidder, while taking 86
into consideration the qualities of the articles to be supplied, their 87
conformity with the specifications, their suitability to the requirements 88
of the authority and the delivery terms, (2) the highest scoring bidder 89
in a multiple criteria bid, in accordance with the criteria set forth in the 90
bid solicitation for the contract, or (3) the proposer whose proposal is 91
deemed by the authority to be the most advantageous, in accordance 92
with the criteria set forth in the request for proposals, including price 93
and evaluation factors. 94
(g) Notwithstanding any provision of the general statutes, when 95
awarding a contract through competitive negotiation, the authority 96
shall include price as an explicit factor in the criteria in the request for 97
proposals and for the contract award. In considering past performance 98
of a bidder for the purpose of determining the lowest responsible 99
qualified bidder or the highest scoring bidder in a multiple criteria bid, 100
the authority shall evaluate the skill, ability and integrity of the bidder 101
in terms of the bidder's fulfillment of past contract obligations and the 102
bidder's experience or lack of experience in delivering supplies, 103
materials, equipment or contractual services of the size or amount for 104
which bids have been solicited. 105
Sec. 2. Section 15-31b of the general statutes is repealed and the 106
following is substituted in lieu thereof (Effective October 1, 2023): 107
(a) The purposes of the Connecticut Port Authority shall be to 108
coordinate the development of Connecticut's ports and harbors, with a 109
focus on private and public investments, pursue federal and state 110
funds for dredging and other infrastructure improvements to increase 111
cargo movement through the ports and maintain navigability of all 112
ports and harbors, market the economic development of such ports 113 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
5 of 9
and harbors, work with the Department of Economic and Community 114
Development and other state, local and private entities to maximize 115
the economic potential of the ports and harbors, support and enhance 116
the overall development of the state's maritime commerce and 117
industries, coordinate the planning and funding of capital projects 118
promoting the development of the ports and harbors, develop strategic 119
entrepreneurial initiatives that may be available to the state, coordinate 120
the state's maritime policy activities, serve as the Governor's principal 121
maritime policy advisor and undertake such other responsibilities as 122
may be assigned to it. To accomplish the purposes of the authority, the 123
authority shall have the duty and power to: 124
(1) Have perpetual succession as a body politic and corporate and to 125
adopt bylaws for the regulation of its affairs and the conduct of its 126
business; 127
(2) Adopt an official seal and alter the same at pleasure; 128
(3) Maintain an office at such place or places as it may designate; 129
(4) Sue and be sued in its own name, and plead and be impleaded; 130
(5) Develop an organizational and management structure that will 131
best accomplish the goals of the authority concerning Connecticut 132
ports and harbors; 133
(6) Create a code of conduct for the board of directors of the 134
authority consistent with part I of chapter 10; 135
(7) Adopt rules for the conduct of its business, which shall not be 136
considered regulations as defined in section 4-166; 137
(8) Adopt an annual budget and plan of operations, including a 138
requirement of board approval before the budget or plan may take 139
effect; 140
(9) Make and enter into all contracts and agreements that are 141 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
6 of 9
necessary, desirable or incidental to the conduct of its business, subject 142
to the requirements of section 1 of this act and chapter 62; 143
(10) Enter into joint ventures and invest in, and participate with, any 144
person or entity, including, without limitation, governmental or 145
private business entities in the formation, ownership, management and 146
operation of business entities, including stock and nonstock 147
corporations, limited liability companies and general and limited 148
partnerships, formed to advance the purposes of the authority. The 149
officers, employees and members of the board of directors of the 150
authority may serve, without compensation, as directors or officers of 151
any such business entities formed and such service shall be deemed to 152
be within the discharge of the duties of such officers, employees or 153
directors to the authority; 154
(11) Receive and accept, from any source, aid or contributions, 155
including money, property, labor and other things of value; 156
(12) Award grants and subsidies, make loans and provide other 157
forms of financial assistance to any person or entity under a written 158
policy, adopted in accordance with the provisions of section 1-121, 159
setting forth the eligibility criteria, application process, and such other 160
provisions as may be necessary or desirable to carry out the purposes 161
of this section; 162
(13) Charge reasonable fees for the services it performs and waive, 163
suspend, reduce or otherwise modify such fees in accordance with 164
written criteria established by the authority, and provided, that no 165
change may be made in fees without at least thirty days prior notice, 166
published in accordance with the provisions of section 1-121; 167
(14) Employ such assistants, agents and other employees as may be 168
necessary or desirable to carry out its purposes. (A) The executive 169
director and such employees shall be exempt from the classified 170
service and, except as provided in subparagraph (B) of this 171
subdivision, shall not be employees, as defined in subsection (b) of 172 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
7 of 9
section 5-270. The authority shall fix appropriate compensation for 173
such employees and establish all necessary or appropriate personnel 174
practices and policies, including those relating to hiring, promotion, 175
compensation, retirement and collective bargaining, which need not be 176
in accordance with chapter 68, and the authority shall not be an 177
employer, as defined in subsection (a) of section 5-270, and may 178
engage consultants, attorneys and appraisers as may be necessary or 179
desirable to carry out its purposes in accordance with sections 15-31a 180
to 15-31i, inclusive. (B) For purposes of group welfare benefits and 181
retirement, including, but not limited to, those provided under chapter 182
66 and sections 5-257 and 5-259, the officers and all other employees of 183
the authority shall be state employees. The authority shall reimburse 184
the appropriate state agencies for all costs incurred by such 185
designation; 186
(15) Invest in, acquire, lease, purchase, own, manage, hold and 187
dispose of real property and lease, convey or deal in or enter into 188
agreements with respect to such property on any terms necessary or 189
incidental to carrying out the purposes of sections 15-31a to 15-31i, 190
inclusive, provided such transactions shall not be subject to approval, 191
review or regulation by any state agency pursuant to title 4b or any 192
other provision of the general statutes, except (A) the authority shall 193
not convey fee simple ownership in any property associated with the 194
ports or harbors under its jurisdiction and control without the 195
approval of the State Properties Review Board and the Attorney 196
General, and (B) as provided in subsection (c) of this section; and 197
(16) Adopt any policies and procedures necessary to carry out the 198
provisions of this section in accordance with the provisions of section 199
1-121. 200
(b) The authority shall continue as long as it has bonds or other 201
obligations outstanding and until its existence is terminated by law, 202
provided no such termination shall affect any outstanding contractual 203
obligation of the authority and the state shall succeed to the obligations 204
of the authority under any contract. Upon the termination of the 205 Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
8 of 9
existence of the authority, all its rights and properties shall pass to and 206
be vested in the state of Connecticut. 207
(c) On and after June 23, 2021, [until July 1, 2026,] the authority shall 208
be a state contracting agency for the purposes of chapter 62, except for 209
the provisions of section 4e-16, and shall be subject to the authority of 210
the State Contracting Standards Board established under section 4e-2. 211
Sec. 3. Subdivision (28) of section 4e-1 of the general statutes is 212
repealed and the following is substituted in lieu thereof (Effective 213
October 1, 2023): 214
(28) "State contracting agency" means any executive branch agency, 215
board, commission, department, office, institution or council. "State 216
contracting agency" does not include the judicial branch, the legislative 217
branch, the offices of the Secretary of the State, the State Comptroller, 218
the Attorney General, the State Treasurer, with respect to their 219
constitutional functions, any state agency with respect to contracts 220
specific to the constitutional and statutory functions of the office of the 221
State Treasurer. For the purposes of every provision of this chapter 222
other than section 4e-16, "state contracting agency" includes the 223
Connecticut Port Authority, for the purposes of section 4e-16, "state 224
contracting agency" includes any constituent unit of the state system of 225
higher education and for the purposes of section 4e-19, "state 226
contracting agency" includes the State Education Resource Center, 227
established under section 10-4q; 228
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 New section
Sec. 2 October 1, 2023 15-31b
Sec. 3 October 1, 2023 4e-1(28)
Statement of Legislative Commissioners:
Section 1(f)(1) was redrafted for clarity.
Substitute Bill No. 5692
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-05692-
R02-HB.docx }
9 of 9
GAE Joint Favorable Subst. -LCO