Connecticut 2023 Regular Session

Connecticut House Bill HB06867 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6867
	5	+	General Assembly Raised Bill No. 6867
8	6		January Session, 2023
	7	+	LCO No. 5373
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
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11	19
12	20		AN ACT CONCERNING COMPETITIVE NEGOTIATION FOR CERTAIN
13		-	STATE CONTRACTS AND OTHER PROCUREMENT PRACTICES. .
	21	+	STATE CONTRACTS AND OTHER PROCUREMENT PRACTICES.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 4-212 of the general statutes is repealed and the 1
18	26		following is substituted in lieu thereof (Effective July 1, 2023): 2
19	27		As used in [sections 4-212] this section and sections 4-213 to 4-219, 3
20	28		inclusive, as amended by this act: 4
21	29		(1) "Competitive negotiation" means (A) a procedure for contracting 5
22	30		for services in which [(A)] proposals are solicited from qualified 6
23	31		persons, firms or corporations by a request for proposals, regardless of 7
24	32		the number of responses, and [(B)] changes may be negotiated in 8
25	33		proposals and prices after being submitted, or (B) any other open and 9
26	34		fair process in which all qualified persons, firms or corporations have 10
27	35		an equal opportunity to be selected to provide services. 11
28	36		(2) "Personal service contractor" means any person, firm or 12
29		-	corporation not employed by the state, who is hired by a state agency 13
	37	+	corporation not employed by the state, who is hired by a state agency 13 Raised Bill No. 6867
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30	43		for a fee to provide services to the agency. The term "personal service 14
31	44		contractor" [shall] does not include (A) a person, firm or corporation 15
32	45		providing "contractual services", as defined in section 4a-50, as 16
33		-	amended by this act, to the state, (B) a "consultant", as defined in 17
34		-	section 4b-55, (C) a "consultant", as defined in section 13b-20b, (D) an 18
35		-	agency of the federal government, of the state or of a political 19 Substitute Bill No. 6867
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41		-
42		-	subdivision of the state, [or] (E) a person, firm or corporation 20
43		-	providing consultant services for information and telecommunications 21
44		-	systems authorized under subdivision (3) of subsection (b) of section 22
45		-	4d-2, or (F) a person, firm or corporation providing transportation 23
46		-	services under a contract entered into under section 13b-34. 24
47		-	(3) "Personal service agreement" means a written agreement 25
48		-	defining the services or end product to be delivered by a personal 26
49		-	service contractor to a state agency, excluding any agreement with a 27
50		-	personal service contractor that the state accounting manual does not 28
51		-	require to be submitted to the Comptroller. 29
	46	+	amended by this act, to the state, (B) a "consultant", as defined in section 17
	47	+	4b-55, (C) a "consultant", as defined in section 13b-20b, (D) an agency of 18
	48	+	the federal government, of the state or of a political subdivision of the 19
	49	+	state, [or] (E) a person, firm or corporation providing consultant services 20
	50	+	for information and telecommunications systems authorized under 21
	51	+	subdivision (3) of subsection (b) of section 4d-2, or (F) a person, firm or 22
	52	+	corporation providing transportation services under a contract entered 23
	53	+	into under section 13b-34. 24
	54	+	(3) "Personal service agreement" means a written agreement defining 25
	55	+	the services or end product to be delivered by a personal service 26
	56	+	contractor to a state agency, excluding any agreement with a personal 27
	57	+	service contractor that the state accounting manual does not require to 28
	58	+	be submitted to the Comptroller. 29
52	59		(4) "Secretary" means the Secretary of the Office of Policy and 30
53	60		Management. 31
54	61		(5) "State agency" means a department, board, council, commission, 32
55	62		institution or other executive branch agency. 33
56	63		Sec. 2. Section 4-214 of the general statutes is repealed and the 34
57	64		following is substituted in lieu thereof (Effective July 1, 2023): 35
58	65		Each personal service agreement executed on or after July 1, [1994] 36
59		-	2023, and having a cost of not more than [twenty] fifty thousand 37
60		-	~~dollars~~ and a term of not more than one year shall be based, when 38
61		-	~~possible, on~~ competitive negotiation or competitive quotations. 39
	66	+	2023, and having a cost of not more than [twenty] fifty thousand dollars 37
	67	+	and a term of not more than one year shall be based, when possible, on 38
	68	+	competitive negotiation or competitive quotations. 39
62	69		Sec. 3. Section 4-215 of the general statutes is repealed and the 40
63	70		following is substituted in lieu thereof (Effective July 1, 2023): 41
64		-	(a) Each personal service agreement executed on or after July 1, 42
65		-	[1994] 2023, and having a cost of more than [twenty thousand dollars 43
66		-	but not more than] fifty thousand dollars [and a term of not more than 44
67		-	one year] shall be based on competitive negotiation or competitive 45
68		-	quotations, unless the state agency purchasing the personal services 46
69		-	determines that a sole source purchase is required and applies to the 47
70		-	secretary for a waiver from such requirement and the secretary grants 48
71		-	the waiver. Not later than March 1, 1994, the secretary shall adopt 49 Substitute Bill No. 6867
	71	+	(a) Each personal service agreement executed on or after July 1, [1994] 42
	72	+	2023, and having a cost of more than [twenty thousand dollars but not 43 Raised Bill No. 6867
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78		-	guidelines for determining the types of services that may qualify for 50
79		-	such waivers. The qualifying services shall include, but not be limited 51
80		-	to, (1) services for which the cost to the state of a competitive selection 52
81		-	procedure would outweigh the benefits of such procedure, as 53
82		-	documented by the state agency, (2) proprietary services, (3) services 54
83		-	to be provided by a contractor mandated by the general statutes or a 55
84		-	public or special act, and (4) emergency services, including services 56
85		-	needed for the protection of life or health. The secretary shall post any 57
86		-	approvals of requests for a waiver received under this section on the 58
87		-	State Contracting Portal. Not later than January 15, 2020, and annually 59
88		-	thereafter, the secretary shall submit a report, in accordance with the 60
89		-	provisions of section 11-4a, to the joint standing committees of the 61
90		-	General Assembly having cognizance of matters relating to 62
91		-	appropriations and the budgets of state agencies and government 63
92		-	administration and the State Contracting Standards Board listing any 64
93		-	such waiver requests received during the prior year and the 65
94		-	justification for the grant or denial of such request. 66
95		-	(b) [The] Not less than seven days prior to submitting any 67
96		-	application to the secretary for a sole source purchase of audit services, 68
97		-	the agency shall [immediately] notify the Auditors of Public Accounts 69
98		-	[of any application that the secretary receives for approval of a sole 70
99		-	source purchase of audit services] and give the auditors the 71
100		-	opportunity to review the application to advise the [secretary as to] 72
101		-	agency during such seven-day period whether such services are 73
102		-	necessary and, if so, whether such services could be provided by said 74
103		-	auditors. 75
104		-	Sec. 4. Section 4-216 of the general statutes is repealed and the 76
105		-	following is substituted in lieu thereof (Effective July 1, 2023): 77
106		-	(a) No state agency may execute a personal service agreement 78
107		-	having a cost of more than fifty thousand dollars [or a term of more 79
108		-	than one year,] without the approval of the secretary. A state agency 80
109		-	may apply for an approval by submitting the following information to 81
110		-	the secretary: (1) A description of the services to be purchased and the 82 Substitute Bill No. 6867
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	77	+
	78	+	more than] fifty thousand dollars [and a term of not more than one year] 44
	79	+	shall be based on competitive negotiation or competitive quotations, 45
	80	+	unless the state agency purchasing the personal services determines that 46
	81	+	a sole source purchase is required and applies to the secretary for a 47
	82	+	waiver from such requirement and the secretary grants the waiver. Not 48
	83	+	later than March 1, 1994, the secretary shall adopt guidelines for 49
	84	+	determining the types of services that may qualify for such waivers. The 50
	85	+	qualifying services shall include, but not be limited to, (1) services for 51
	86	+	which the cost to the state of a competitive selection procedure would 52
	87	+	outweigh the benefits of such procedure, as documented by the state 53
	88	+	agency, (2) proprietary services, (3) services to be provided by a 54
	89	+	contractor mandated by the general statutes or a public or special act, 55
	90	+	and (4) emergency services, including services needed for the protection 56
	91	+	of life or health. The secretary shall post any approvals of requests for a 57
	92	+	waiver received under this section on the State Contracting Portal. Not 58
	93	+	later than January 15, 2020, and annually thereafter, the secretary shall 59
	94	+	submit a report, in accordance with the provisions of section 11-4a, to 60
	95	+	the joint standing committees of the General Assembly having 61
	96	+	cognizance of matters relating to appropriations and the budgets of state 62
	97	+	agencies and government administration and the State Contracting 63
	98	+	Standards Board listing any such waiver requests received during the 64
	99	+	prior year and the justification for the grant or denial of such request. 65
	100	+	(b) [The] Not less than seven days prior to submitting any application 66
	101	+	to the secretary for a sole source purchase of audit services, the agency 67
	102	+	shall [immediately] notify the Auditors of Public Accounts [of any 68
	103	+	application that the secretary receives for approval of a sole source 69
	104	+	purchase of audit services] and give the auditors the opportunity to 70
	105	+	review the application to advise the [secretary as to] agency during such 71
	106	+	seven-day period whether such services are necessary and, if so, 72
	107	+	whether such services could be provided by said auditors. 73
	108	+	Sec. 4. Section 4-216 of the general statutes is repealed and the 74
	109	+	following is substituted in lieu thereof (Effective July 1, 2023): 75
	110	+	(a) No state agency may execute a personal service agreement having 76 Raised Bill No. 6867
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117		-	need for such services; (2) an estimate of the cost of the services and 83
118		-	the term of the agreement; (3) whether the services are to be on-going; 84
119		-	(4) whether the state agency has contracted out for such services 85
120		-	during the preceding two years and, if so, the name of the contractor, 86
121		-	term of the agreement with such contractor and the amount paid to the 87
122		-	contractor; (5) whether any other state agency has the resources to 88
123		-	provide the services; (6) whether the agency intends to purchase the 89
124		-	services by competitive negotiation and, if not, why; and (7) whether it 90
125		-	is possible to purchase the services on a cooperative basis with other 91
126		-	state agencies. The secretary shall approve or disapprove an 92
127		-	application [within] not later than fifteen business days after receiving 93
128		-	it and any necessary supporting information. [, provided if the 94
129		-	secretary does not act within such fifteen-day period the application 95
130		-	shall be deemed to have been approved. The secretary] In the case of a 96
131		-	proposed personal services agreement for audit services, not less than 97
132		-	seven days prior to submitting any such application to the secretary, 98
133		-	the agency shall [immediately] notify the Auditors of Public Accounts 99
134		-	[of any application which the secretary receives for approval] of a 100
135		-	proposed personal services agreement for audit services and give said 101
136		-	auditors an opportunity to review the application [during such fifteen-102
137		-	day period] and advise the [secretary as to] agency during such seven-103
138		-	day period whether such audit services are necessary and, if so, could 104
139		-	be provided by said auditors. 105
140		-	(b) Each personal service agreement having a cost of more than fifty 106
141		-	thousand dollars [or a term of more than one year] shall be based on 107
142		-	competitive negotiation or competitive quotations, unless the state 108
143		-	agency purchasing the personal services applies to the secretary for a 109
144		-	waiver from such requirement and the secretary grants the waiver in 110
145		-	accordance with the guidelines adopted under section 4-215, as 111
146		-	amended by this act. 112
147		-	(c) The secretary shall establish an incentive program for nonprofit 113
148		-	providers of human services that shall (1) allow providers who 114
149		-	otherwise meet contractual requirements to retain any savings realized 115 Substitute Bill No. 6867
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	116	+	a cost of more than fifty thousand dollars [or a term of more than one 77
	117	+	year,] without the approval of the secretary. A state agency may apply 78
	118	+	for an approval by submitting the following information to the 79
	119	+	secretary: (1) A description of the services to be purchased and the need 80
	120	+	for such services; (2) an estimate of the cost of the services and the term 81
	121	+	of the agreement; (3) whether the services are to be on-going; (4) 82
	122	+	whether the state agency has contracted out for such services during the 83
	123	+	preceding two years and, if so, the name of the contractor, term of the 84
	124	+	agreement with such contractor and the amount paid to the contractor; 85
	125	+	(5) whether any other state agency has the resources to provide the 86
	126	+	services; (6) whether the agency intends to purchase the services by 87
	127	+	competitive negotiation and, if not, why; and (7) whether it is possible 88
	128	+	to purchase the services on a cooperative basis with other state agencies. 89
	129	+	The secretary shall approve or disapprove an application [within] not 90
	130	+	later than fifteen business days after receiving it and any necessary 91
	131	+	supporting information. [, provided if the secretary does not act within 92
	132	+	such fifteen-day period the application shall be deemed to have been 93
	133	+	approved. The secretary] In the case of a proposed personal services 94
	134	+	agreement for audit services, not less than seven days prior to 95
	135	+	submitting any such application to the secretary, the agency shall 96
	136	+	[immediately] notify the Auditors of Public Accounts [of any 97
	137	+	application which the secretary receives for approval] of a proposed 98
	138	+	personal services agreement for audit services and give said auditors an 99
	139	+	opportunity to review the application [during such fifteen-day period] 100
	140	+	and advise the [secretary as to] agency during such seven-day period 101
	141	+	whether such audit services are necessary and, if so, could be provided 102
	142	+	by said auditors. 103
	143	+	(b) Each personal service agreement having a cost of more than fifty 104
	144	+	thousand dollars [or a term of more than one year] shall be based on 105
	145	+	competitive negotiation or competitive quotations, unless the state 106
	146	+	agency purchasing the personal services applies to the secretary for a 107
	147	+	waiver from such requirement and the secretary grants the waiver in 108
	148	+	accordance with the guidelines adopted under section 4-215, as 109
	149	+	amended by this act. 110 Raised Bill No. 6867
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156		-	by the providers from the contracted cost for services, and (2) provide 116
157		-	that future contracted amounts from the state for the same types of 117
158		-	services are not reduced solely to reflect savings achieved in previous 118
159		-	contracts by such providers. For purposes of this subsection, 119
160		-	"nonprofit providers of human services" includes, but is not limited to, 120
161		-	nonprofit providers of services to persons with intellectual, physical or 121
162		-	mental disabilities or autism spectrum disorder. Any nonprofit 122
163		-	provider of human services allowed to retain savings under the 123
164		-	incentive program shall submit a report to the secretary on how excess 124
165		-	funds were reinvested to strengthen quality, invest in deferred 125
166		-	maintenance and make asset improvements. 126
167		-	Sec. 5. Section 4-217 of the general statutes is repealed and the 127
168		-	following is substituted in lieu thereof (Effective July 1, 2023): 128
169		-	(a) [Not later than March 1, 1994, the] The Secretary of the Office of 129
170		-	Policy and Management shall establish standards for state agencies to 130
171		-	follow in entering into personal service agreements. The standards 131
172		-	shall include, but not be limited to, provisions for: (1) Evaluating the 132
173		-	need to use a personal service agreement, (2) developing a request for 133
174		-	proposals or any other form of competitive negotiation, (3) advertising 134
175		-	for personal service contractors, (4) evaluating submitted proposals, (5) 135
176		-	selecting a personal service contractor, including compliance with 136
177		-	section 4a-60g, (6) systematically monitoring and evaluating personal 137
178		-	service contractor performance, (7) documenting the entire process for 138
179		-	selecting and managing personal service contractors and (8) carrying 139
180		-	out any other aspect of such process. 140
181		-	(b) [Not later than May 1, 1994, each] Each state agency shall: (1) 141
182		-	Establish written procedures for implementing the s tandards 142
183		-	established by the secretary under subsection (a) of this section, and (2) 143
184		-	submit such procedures to the secretary for his approval. If the 144
185		-	secretary disapproves an agency's procedures he shall return the 145
186		-	procedures to the agency with recommendations for revisions. [On 146
187		-	and after July 1, 1994, no] No state agency may execute a personal 147
188		-	service agreement unless the secretary has approved procedures 148 Substitute Bill No. 6867
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	154	+
	155	+	(c) The secretary shall establish an incentive program for nonprofit 111
	156	+	providers of human services that shall (1) allow providers who 112
	157	+	otherwise meet contractual requirements to retain any savings realized 113
	158	+	by the providers from the contracted cost for services, and (2) provide 114
	159	+	that future contracted amounts from the state for the same types of 115
	160	+	services are not reduced solely to reflect savings achieved in previous 116
	161	+	contracts by such providers. For purposes of this subsection, "nonprofit 117
	162	+	providers of human services" includes, but is not limited to, nonprofit 118
	163	+	providers of services to persons with intellectual, physical or mental 119
	164	+	disabilities or autism spectrum disorder. Any nonprofit provider of 120
	165	+	human services allowed to retain savings under the incentive program 121
	166	+	shall submit a report to the secretary on how excess funds were 122
	167	+	reinvested to strengthen quality, invest in deferred maintenance and 123
	168	+	make asset improvements. 124
	169	+	Sec. 5. Section 4-217 of the general statutes is repealed and the 125
	170	+	following is substituted in lieu thereof (Effective July 1, 2023): 126
	171	+	(a) [Not later than March 1, 1994, the] The Secretary of the Office of 127
	172	+	Policy and Management shall establish standards for state agencies to 128
	173	+	follow in entering into personal service agreements. The standards shall 129
	174	+	include, but not be limited to, provisions for: (1) Evaluating the need to 130
	175	+	use a personal service agreement, (2) developing a request for proposals 131
	176	+	or any other form of competitive negotiation, (3) advertising for 132
	177	+	personal service contractors, (4) evaluating submitted proposals, (5) 133
	178	+	selecting a personal service contractor, including compliance with 134
	179	+	section 4a-60g, (6) systematically monitoring and evaluating personal 135
	180	+	service contractor performance, (7) documenting the entire process for 136
	181	+	selecting and managing personal service contractors and (8) carrying 137
	182	+	out any other aspect of such process. 138
	183	+	(b) Not later than May 1, 1994, each state agency shall: (1) Establish 139
	184	+	written procedures for implementing the standards established by the 140
	185	+	secretary under subsection (a) of this section, and (2) submit such 141
	186	+	procedures to the secretary for his approval. If the secretary disapproves 142
	187	+	an agency's procedures he shall return the procedures to the agency 143 Raised Bill No. 6867
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195		-	established by the agency under this section. 149
196		-	(c) A request for proposals issued under section 4-214, as amended 150
197		-	by this act, 4-215, as amended by this act, or 4-216, as amended by this 151
198		-	act, shall include, but not be limited to, an outline of the work to be 152
199		-	performed, the required minimum qualifications for the personal 153
200		-	service contractor, criteria for review of proposals by the state agency, 154
201		-	the format for proposals and the deadline for submitting proposals. 155
202		-	Each state agency which prepares a request for proposals shall 156
203		-	establish a screening committee to evaluate the proposals submitted in 157
204		-	response to the request for proposals. The screening committee shall 158
205		-	rank all proposals in accordance with the criteria set forth in the 159
206		-	request for proposals and shall submit the names of the top three 160
207		-	proposers to the executive head of the agency, who shall select the 161
208		-	personal service contractor from among such names. 162
209		-	Sec. 6. Section 4-219 of the general statutes is repealed and the 163
210		-	following is substituted in lieu thereof (Effective July 1, 2023): 164
211		-	No state agency may, without the approval of the secretary, execute 165
212		-	(1) an amendment to a personal service agreement, which agreement 166
213		-	has an original cost of more than fifty thousand dollars, or (2) an 167
214		-	amendment to any other personal service agreement, which 168
215		-	amendment (A) has a cost of one hundred per cent or more of the cost 169
216		-	of the original agreement, (B) increases the cost of the agreement to 170
217		-	more than fifty thousand dollars, [(C) extends the terms of the 171
218		-	agreement beyond a one-year period] or [(D)] (C) is the second or 172
219		-	subsequent amendment to the agreement. The secretary shall approve 173
220		-	or disapprove a proposed amendment [within] not later than fifteen 174
221		-	business days after receiving it and any necessary supporting 175
222		-	information, provided if the secretary does not act within such fifteen-176
223		-	day period the application shall be deemed to have been approved. 177
224		-	Sec. 7. Section 4a-50 of the general statutes is repealed and the 178
225		-	following is substituted in lieu thereof (Effective July 1, 2023): 179 Substitute Bill No. 6867
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	192	+
	193	+	with recommendations for revisions. On and after July 1, 1994, no state 144
	194	+	agency may execute a personal service agreement unless the secretary 145
	195	+	has approved procedures established by the agency under this section. 146
	196	+	(c) A request for proposals issued under section 4-214, as amended 147
	197	+	by this act, 4-215, as amended by this act, or 4-216, as amended by this 148
	198	+	act, shall include, but not be limited to, an outline of the work to be 149
	199	+	performed, the required minimum qualifications for the personal 150
	200	+	service contractor, criteria for review of proposals by the state agency, 151
	201	+	the format for proposals and the deadline for submitting proposals. 152
	202	+	Each state agency which prepares a request for proposals shall establish 153
	203	+	a screening committee to evaluate the proposals submitted in response 154
	204	+	to the request for proposals. The screening committee shall rank all 155
	205	+	proposals in accordance with the criteria set forth in the request for 156
	206	+	proposals and shall submit the names of the top three proposers to the 157
	207	+	executive head of the agency, who shall select the personal service 158
	208	+	contractor from among such names. 159
	209	+	Sec. 6. Section 4-219 of the general statutes is repealed and the 160
	210	+	following is substituted in lieu thereof (Effective July 1, 2023): 161
	211	+	No state agency may, without the approval of the secretary, execute 162
	212	+	(1) an amendment to a personal service agreement, which agreement 163
	213	+	has an original cost of more than fifty thousand dollars, or (2) an 164
	214	+	amendment to any other personal service agreement, which 165
	215	+	amendment (A) has a cost of one hundred per cent or more of the cost 166
	216	+	of the original agreement, (B) increases the cost of the agreement to more 167
	217	+	than fifty thousand dollars, [(C) extends the terms of the agreement 168
	218	+	beyond a one-year period] or [(D)] (C) is the second or subsequent 169
	219	+	amendment to the agreement. The secretary shall approve or 170
	220	+	disapprove a proposed amendment [within] not later than fifteen 171
	221	+	business days after receiving it and any necessary supporting 172
	222	+	information, provided if the secretary does not act within such fifteen-173
	223	+	day period the application shall be deemed to have been approved. 174
	224	+	Sec. 7. Section 4a-50 of the general statutes is repealed and the 175 Raised Bill No. 6867
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232		-	When used in this chapter, unless the context indicates a different 180
233		-	meaning: 181
234		-	(1) "State agency" includes any officer, department, board, council, 182
235		-	commission, institution or other agency of the Executive Department 183
236		-	of the state government; 184
237		-	(2) "Supplies", "materials" and "equipment" mean any [and all] 185
238		-	articles of personal property furnished to or used by any state agency, 186
239		-	including all printing, binding, publication of laws, stationery, forms, 187
240		-	and reports; 188
241		-	(3) "Contractual services" means any [and all] laundry and cleaning 189
242		-	service, pest control service, janitorial service, security service, the 190
243		-	rental and repair, or maintenance, of equipment, machinery and other 191
244		-	state-owned personal property, advertising [and photostating, 192
245		-	mimeographing,] and other service arrangements where the services 193
246		-	are provided by persons other than state employees; 194
247		-	(4) "Competitive bidding" means the submission of prices by 195
248		-	persons, firms or corporations competing for a contract to provide 196
249		-	supplies, materials, equipment or contractual services, under a 197
250		-	procedure in which the contracting authority does not negotiate prices; 198
251		-	(5) "Competitive negotiation" means (A) a procedure for contracting 199
252		-	for supplies, materials, equipment or contractual services, in which 200
253		-	[(A)] proposals are solicited from qualified suppliers by a request for 201
254		-	proposals, regardless of the number of responses, and [(B)] changes 202
255		-	may be negotiated in proposals and prices after being submitted, or (B) 203
256		-	any other open and fair process in which all qualified suppliers have 204
257		-	an equal opportunity to be selected to provide supplies, materials, 205
258		-	equipment or contractual services; 206
259		-	(6) "Bidder" means a person, firm or corporation submitting a 207
260		-	competitive bid in response to a solicitation or any other form of 208
261		-	competitive negotiation; and 209 Substitute Bill No. 6867
	228	+	LCO No. 5373 7 of 8
	229	+
	230	+	following is substituted in lieu thereof (Effective July 1, 2023): 176
	231	+	When used in this chapter, unless the context indicates a different 177
	232	+	meaning: 178
	233	+	(1) "State agency" includes any officer, department, board, council, 179
	234	+	commission, institution or other agency of the Executive Department of 180
	235	+	the state government; 181
	236	+	(2) "Supplies", "materials" and "equipment" mean any [and all] 182
	237	+	articles of personal property furnished to or used by any state agency, 183
	238	+	including all printing, binding, publication of laws, stationery, forms, 184
	239	+	and reports; 185
	240	+	(3) "Contractual services" means any [and all] laundry and cleaning 186
	241	+	service, pest control service, janitorial service, security service, the rental 187
	242	+	and repair, or maintenance, of equipment, machinery and other state-188
	243	+	owned personal property, advertising [and photostating, 189
	244	+	mimeographing,] and other service arrangements where the services are 190
	245	+	provided by persons other than state employees; 191
	246	+	(4) "Competitive bidding" means the submission of prices by persons, 192
	247	+	firms or corporations competing for a contract to provide supplies, 193
	248	+	materials, equipment or contractual services, under a procedure in 194
	249	+	which the contracting authority does not negotiate prices; 195
	250	+	(5) "Competitive negotiation" means (A) a procedure for contracting 196
	251	+	for supplies, materials, equipment or contractual services, in which [(A)] 197
	252	+	proposals are solicited from qualified suppliers by a request for 198
	253	+	proposals, regardless of the number of responses and [(B)] changes may 199
	254	+	be negotiated in proposals and prices after being submitted, or (B) any 200
	255	+	other open and fair process in which all qualified suppliers have an 201
	256	+	equal opportunity to be selected to provide supplies, materials, 202
	257	+	equipment or contractual services; 203
	258	+	(6) "Bidder" means a person, firm or corporation submitting a 204
	259	+	competitive bid in response to a solicitation or any other form of 205 Raised Bill No. 6867
262	260
263	261
264		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06867-R01-
265		-	HB.docx }
266		-	8 of 8
267	262
268		-	(7) "Proposer" means a person, firm or corporation submitting a 210
269		-	proposal in response to a request for proposals or any other form of 211
270		-	competitive negotiation. 212
	263	+	LCO No. 5373 8 of 8
	264	+
	265	+	competitive negotiation; and 206
	266	+	(7) "Proposer" means a person, firm or corporation submitting a 207
	267	+	proposal in response to a request for proposals or any other form of 208
	268	+	competitive negotiation. 209
271	269		This act shall take effect as follows and shall amend the following
272	270		sections:
273	271
274	272		Section 1 July 1, 2023 4-212
275	273		Sec. 2 July 1, 2023 4-214
276	274		Sec. 3 July 1, 2023 4-215
277	275		Sec. 4 July 1, 2023 4-216
278	276		Sec. 5 July 1, 2023 4-217
279	277		Sec. 6 July 1, 2023 4-219
280	278		Sec. 7 July 1, 2023 4a-50
281	279
282		-	Statement of Legislative Commissioners:
283		-	In Section 5(b), the dates were bracketed for consistency.
284		-
285		-	GAE Joint Favorable Subst. -LCO
	280	+	Statement of Purpose:
	281	+	To redefine competitive negotiation and permit its use for the purchase
	282	+	or acquisition of services by a state agency and increase the thresholds
	283	+	for which personal service agreements are subject to competitive
	284	+	negotiation or subject to approval of the Office of Policy and
	285	+	Management.
	286	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	287	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	288	+	underlined.]
286	289