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General Assembly Substitute Bill No. 1223
January Session, 2023
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. Section 4e-1 of the general statutes is repealed and the 12
following is substituted in lieu thereof (Effective July 1, 2023): 13
For the purposes of this section and sections [4e-1] 4e-2 to 4e-47, 14
inclusive, as amended by this act: 15
(1) "Best value selection" means a contract selection process in which 16 Substitute Bill No. 1223
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the award of a contract is based on a combination of quality, timeliness 17
and cost factors; 18
(2) "Bid" means an offer, submitted in response to an invitation to bid, 19
to furnish supplies, materials, equipment, construction or contractual 20
services to a state contracting agency under prescribed conditions at a 21
stated price; 22
(3) "Bidder" means a business submitting a bid in response to an 23
invitation to bid by a state contracting agency; 24
(4) "Business" means any individual or sole proprietorship, 25
partnership, firm, corporation, trust, limited liability company, limited 26
liability partnership, joint stock company, joint venture, association or 27
other legal entity through which business for profit or not-for-profit is 28
conducted; 29
(5) "Competitive bidding" means the submission of prices by a 30
business competing for a contract to provide supplies, materials, 31
equipment or contractual services to a state contracting agency, under a 32
procedure in which the contracting authority does not negotiate prices, 33
as set forth in statutes and regulations concerning procurement; 34
(6) "Consultant" means (A) any architect, professional engineer, 35
landscape architect, land surveyor, accountant, interior designer, 36
environmental professional or construction administrator, who is 37
registered or licensed to practice such person's profession in accordance 38
with the applicable provisions of the general statutes, (B) any planner or 39
any environmental, management or financial specialist, or (C) any 40
person who performs professional work in areas including, but not 41
limited to, educational services, medical services, information 42
technology and real estate appraisal; 43
(7) "Consultant services" means those professional services rendered 44
by a consultant and any incidental services that a consultant and those 45
in the consultant's employ are authorized to perform; 46 Substitute Bill No. 1223
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(8) "Contract" [or "state contract"] means an agreement or a 47
combination or series of agreements between a state contracting agency 48
[or quasi-public agency] and a business for: 49
(A) A project for the construction, reconstruction, alteration, 50
remodeling, repair or demolition of any public building, public work, 51
mass transit, rail station, parking garage, rail track or airport; 52
(B) Services, including, but not limited to, consultant and professional 53
services; 54
(C) The acquisition or disposition of personal property; 55
(D) The provision of goods and services, including, but not limited 56
to, the use of purchase of services contracts and personal service 57
agreements; 58
(E) The provision of information technology, state agency 59
information system or telecommunication system facilities, equipment 60
or services; 61
(F) A lease; or 62
(G) A licensing agreement; 63
"Contract" [or "state contract"] does not include a contract between a 64
state contracting agency [or a quasi-public agency] and a political 65
subdivision of the state; 66
(9) "Term contract" means the agreement reached when the state 67
accepts a bid or proposal to furnish supplies, materials, equipment or 68
contractual services at a stated price for a specific period of time in 69
response to an invitation to bid; 70
(10) "Contract risk assessment" means (A) the identification and 71
evaluation of loss exposures and risks, including, but not limited to, 72
business and legal risks associated with the contracting process and the 73
contracted goods and services, and (B) the identification, evaluation and 74 Substitute Bill No. 1223
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implementation of measures available to minimize potential loss 75
exposures and risks; 76
(11) "Contractor" means any business that is awarded, or is a 77
subcontractor under, a contract or an amendment to a contract with a 78
state contracting agency under statutes and regulations concerning 79
procurement, including, but not limited to, a small contractor, minority 80
business enterprise, an individual with a disability, as defined in section 81
4a-60, or an organization providing products and services by persons 82
with disabilities; 83
(12) "Contractual services" means the furnishing of labor by a 84
contractor, not involving the delivery of a specific end product other 85
than reports, which are merely incidental to the required performance 86
and includes any and all laundry and cleaning service, pest control 87
service, janitorial service, security service, the rental and repair, or 88
maintenance, of equipment, machinery and other [state-owned] 89
personal property owned by a state contracting agency, advertising and 90
photostating, mimeographing, human services and other service 91
arrangements where the services are provided by persons other than 92
state employees or quasi-public agency employees. "Contractual 93
services" includes the design, development and implementation of 94
technology, communications or telecommunications systems or the 95
infrastructure pertaining thereto, including hardware and software and 96
services for which a contractor is conferred a benefit by the state, 97
whether or not compensated by the state. "Contractual services" does 98
not include employment agreements or collective bargaining 99
agreements; 100
(13) "Data" means recorded information, regardless of form or 101
characteristic; 102
(14) "Vote of two-thirds of the members of the board present and 103
voting" means a vote by the State Contracting Standards Board that is 104
agreed upon by two-thirds of the members of the State Contracting 105
Standards Board present and voting for a particular purpose and that 106 Substitute Bill No. 1223
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includes the vote of one member of the board appointed by a legislative 107
leader; 108
(15) "Electronic" means electrical, digital, magnetic, optical, 109
electromagnetic, or any other similar technology; 110
(16) "Emergency procurement" means procurement by a state 111
contracting agency, [quasi-public agency, as defined in section 1-120,] 112
judicial department or constituent unit of higher education that is made 113
necessary by a sudden, unexpected occurrence that poses a clear and 114
imminent danger to public safety or requires immediate action to 115
prevent or mitigate the loss or impairment of life, health, property or 116
essential public services or in response to a court order, settlement 117
agreement or other similar legal judgment; 118
(17) "Equipment" means personal property of a durable nature that 119
retains its identity throughout its useful life; 120
(18) "Materials" means items required to perform a function or used 121
in a manufacturing process, particularly those incorporated into an end 122
product or consumed in its manufacture; 123
(19) "Nonprofit agency" means any organization that is not a for-124
profit business under Section 501(c)(3) of the Internal Revenue Code of 125
1986, or any subsequent corresponding internal revenue code of the 126
United States, as amended from time to time, [amended,] makes no 127
distribution to its members, directors or officers and provides services 128
contracted for by (A) the state or a quasi-public agency, or (B) a nonstate 129
entity; 130
(20) "Professional services" means any type of service to the public 131
that requires that members of a profession rendering such service obtain 132
a license or other legal authorization as a condition precedent to the 133
rendition thereof, including, but not limited to, the professional services 134
of architects, professional engineers, or jointly by architects and 135
professional engineers, landscape architects, certified public 136
accountants and public accountants, land surveyors, attorneys-at-law, 137 Substitute Bill No. 1223
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psychologists, licensed marital and family therapists, licensed 138
professional counselors and licensed clinical social workers as well as 139
such other professional services described in section 33-182a; 140
(21) "Privatization contract" means an agreement or series of 141
agreements between a state contracting agency and a person or entity in 142
which such person or entity agrees to provide services that are 143
substantially similar to and in lieu of services provided, in whole or in 144
part, by state employees or quasi-public agency employees, other than 145
contracts with a nonprofit agency, which are in effect as of January 1, 146
2009, and which through a renewal, modification, extension or 147
rebidding of contracts continue to be provided by a nonprofit agency; 148
(22) "Procurement" means contracting for, buying, purchasing, 149
renting, leasing or otherwise acquiring or disposing of, any supplies, 150
services, including but not limited to, contracts for purchase of services 151
and personal service agreements, interest in real property, or 152
construction, and includes all government functions that relate to such 153
activities, including best value selection and qualification based 154
selection; 155
(23) "Proposer" means a business submitting a proposal to a state 156
contracting agency in response to a request for proposals or other 157
competitive sealed proposal; 158
(24) "Public record" means a public record, as defined in section 1-159
200; 160
(25) "Qualification based selection" means a contract selection process 161
in which the award of a contract is primarily based on an assessment of 162
contractor qualifications and on the negotiation of a fair and reasonable 163
price; 164
(26) "Regulation" means regulation, as defined in section 4-166; 165
(27) "Request for proposals" means all documents, whether attached 166
or incorporated by reference, utilized for soliciting proposals; 167 Substitute Bill No. 1223
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(28) "State contracting agency" means any executive branch agency, 168
board, commission, department, office, institution, [or] council or quasi-169
public agency. "State contracting agency" does not include the judicial 170
branch, the legislative branch, the offices of the Secretary of the State, 171
the State Comptroller, the Attorney General, the State Treasurer, with 172
respect to their constitutional functions, any state agency with respect 173
to contracts specific to the constitutional and statutory functions of the 174
office of the State Treasurer. For the purposes of section 4e-16, as 175
amended by this act, "state contracting agency" includes any constituent 176
unit of the state system of higher education and [for the purposes of 177
section 4e-19, "state contracting agency" includes the State Education 178
Resource Center, established under section 10-4q] The University of 179
Connecticut Health Center Finance Corporation; 180
(29) "Subcontractor" means a subcontractor of a contractor for work 181
under a contract or an amendment to a contract; 182
(30) "Supplies" means any and all articles of personal property, 183
including, but not limited to, equipment, materials, printing, insurance 184
and leases of real property, excluding land or a permanent interest in 185
land furnished to or used by any state agency; 186
(31) "Infrastructure facility" means a building, structure or network 187
of buildings, structures, pipes, controls and equipment that provide 188
transportation, utilities, public education or public safety services. 189
[Infrastructure facility] "Infrastructure facility" includes government 190
office buildings, public schools, jails, water treatment plants, 191
distribution systems and pumping stations, wastewater treatment 192
plants, collections systems and pumping stations, solid waste disposal 193
plants, incinerators, landfills, and related facilities, public roads and 194
streets, highways, public parking facilities, public transportation 195
systems, terminals and rolling stock, rail, air and water port structures, 196
terminals and equipment; [and] 197
(32) "State employee" means state employee, as defined in section 5-198
154 and, for purposes of section 4e-16, as amended by this act, [state 199 Substitute Bill No. 1223
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employee] "state employee" includes an employee of any state 200
contracting agency that is not a quasi-public agency; and 201
(33) "Quasi-public agency" has the same meaning as provided in 202
section 1-120. 203
Sec. 3. Subsections (g) and (h) of section 4e-2 of the general statutes 204
are repealed and the following is substituted in lieu thereof (Effective July 205
1, 2023): 206
(g) The board shall appoint a Chief Procurement Officer for a term 207
not to exceed six years, unless reappointed pursuant to the provisions 208
of this subsection. The Chief Procurement Officer shall report to the 209
board and annually be evaluated by, and serve at the pleasure of, the 210
board. For administrative purposes only, the Chief Procurement Officer 211
shall be supervised by the executive director. 212
(1) The Chief Procurement Officer shall be responsible for carrying 213
out the policies of the board relating to procurement including, but not 214
limited to, oversight, investigation, auditing, agency procurement 215
certification and procurement and project management training and 216
enforcement of [said] such policies as well as the application of such 217
policies to the screening and evaluation of current and prospective 218
contractors. The Chief Procurement Officer may enter into such 219
contractual agreements as may be necessary for the discharge of the 220
duties as set forth in this subsection and by the board, including, but not 221
limited to, recommending best practices and providing operational and 222
administrative assistance to state agencies determined, by the board, to 223
be in violation of sections 4e-16 to 4e-47, inclusive, as amended by this 224
act. 225
(2) In addition to the duties set forth by the board, the Chief 226
Procurement Officer shall (A) oversee state contracting agency 227
compliance with the provisions of statutes and regulations concerning 228
procurement; (B) monitor and assess the performance of the 229
procurement duties of each agency procurement officer; (C) administer 230 Substitute Bill No. 1223
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the certification system and monitor the level of agency compliance with 231
the requirements of statutes and regulations concerning procurement, 232
including, but not limited to, the education and training, performance 233
and qualifications of agency procurement officers; (D) review and 234
monitor the procurement processes of each state contracting agency [, 235
quasi-public agencies] and institutions of higher education; and (E) 236
serve as chairperson of the Contracting Standards Advisory Council 237
and an ex-officio member of the Vendor and Citizen Advisory Panel. 238
(h) The board may contract with consultants and professionals on a 239
temporary or project by project basis, and [may] shall employ, subject 240
to the provisions of chapter 67, [such] not less than five full-time 241
employees and may employ additional employees as may be necessary 242
to carry out the provisions of this section. 243
Sec. 4. Subdivision (2) of subsection (a) of section 4e-3 of the general 244
statutes is repealed and the following is substituted in lieu thereof 245
(Effective July 1, 2023): 246
(2) Any state contracting agency's contracting and procurement 247
processes, including, but not limited to, leasing and property transfers, 248
purchasing or leasing of supplies, materials or equipment, consultant or 249
consultant services, purchase of service agreements or privatization 250
contracts; and 251
Sec. 5. Section 4e-4 of the general statutes is repealed and the 252
following is substituted in lieu thereof (Effective July 1, 2023): 253
Except as otherwise provided in the general statutes, the board shall 254
have the following authority and responsibilities with respect to 255
procurements by state contracting agencies: 256
[(a)] (1) Recommend the repeal of repetitive, conflicting or obsolete 257
statutes concerning [state] procurement; 258
[(b)] (2) Review and make recommendations concerning proposed 259
legislation and regulations concerning procurement, management, 260 Substitute Bill No. 1223
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control, and disposal of any and all supplies, services, and construction 261
to be procured by [the] state contracting agencies, including, but not 262
limited to: 263
[(1)] (A) Conditions and procedures for delegation of procurement 264
authority; 265
[(2)] (B) Prequalification, suspension, debarment and reinstatement 266
of prospective bidders and contractors; 267
[(3)] (C) Small purchase procedures; 268
[(4)] (D) Conditions and procedures for the procurement of 269
perishables and items for resale; 270
[(5)] (E) Conditions and procedures for the use of source selection 271
methods authorized by statutes and regulations concerning 272
procurement; 273
[(6)] (F) Conditions and procedures for the use of emergency 274
procurements; 275
[(7)] (G) Conditions and procedures for the selection of contractors by 276
processes or methods that restrict full and open competition; 277
[(8)] (H) The opening or rejection of bids and offers, and waiver of 278
errors in bids and offers; 279
[(9)] (I) Confidentiality of technical data and trade secrets submitted 280
by actual or prospective bidders; 281
[(10)] (J) Partial, progressive and multiple awards; 282
[(11)] (K) Supervision of storerooms and inventories, including 283
determination of appropriate stock levels and the management, 284
transfer, sale or other disposal of publicly-owned supplies; 285
[(12)] (L) Definitions and classes of contractual services and 286 Substitute Bill No. 1223
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procedures for acquiring such services; 287
[(13)] (M) Regulations providing for conducting cost and price 288
analysis; 289
[(14)] (N) Use of payment and performance bonds; 290
[(15)] (O) Guidelines for use of cost principles in negotiations, 291
adjustments and settlements; and 292
[(16)] (P) Identification of procurement best practices; 293
[(c)] (3) Adopt regulations, pursuant to chapter 54, to carry out the 294
provisions of statutes concerning procurement, in order to facilitate 295
consistent application of the law and require the implementation of 296
procurement best practices; 297
[(d)] (4) Make recommendations with regard to information systems 298
for [state] procurement including, but not limited to, data element and 299
design and the State Contracting Portal; 300
[(e)] (5) Develop a guide to state statutes and regulations concerning 301
procurement, for use by all state contracting agencies; 302
[(f)] (6) Assist state contracting agencies in complying with the 303
statutes and regulations concerning procurement by providing 304
guidance, models, advice and practical assistance to state contracting 305
agency staff relating to: [(1)] (A) Buying the best service at the best price, 306
[(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 307
that achieve state goals of accountability, transparency and results 308
based outcomes and to protect taxpayers' interest; 309
[(g)] (7) Train and oversee the agency procurement officer of each 310
state contracting agency and any contracting officers thereunder; 311
[(h)] (8) Review and certify, on or after January 1, 2009, that a state 312
contracting agency's procurement processes are in compliance with 313
statutes and regulations concerning procurement by: 314 Substitute Bill No. 1223
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[(1)] (A) Establishing procurement and project management 315
education and training criteria and certification procedures for agency 316
procurement officers and contracting officers. All agency procurement 317
officers and contracting officers designated under this [provision] 318
subparagraph shall be required to maintain the certification in good 319
standing at all times while performing procurement functions; 320
[(2)] (B) Approving an ethics training course, in consultation with the 321
Office of State Ethics, including, but not limited to, state employees and 322
quasi-public agency employees involved in procurement and for state 323
contractors and substantial subcontractors who are prequalified 324
pursuant to chapter 58a. Such ethics training course may be developed 325
and provided by the Office of State Ethics or by any person, firm or 326
corporation provided such course is approved by the State Contracting 327
Standards Board; 328
[(i)] (9) Recertify each state contracting agency's procurement 329
processes, triennially, and provide agencies with notice of any 330
certification deficiency and exercise those powers authorized by section 331
4e-34, as amended by this act, 4e-39 or 4e-40, as amended by this act, as 332
applicable, if a determination of noncompliance is made; 333
[(j)] (10) Define the contract data reporting requirements to the board 334
for state contracting agencies concerning information on: [(1)] (A) The 335
number and type of [state] contracts of each state contracting agency 336
currently in effect state-wide; [(2)] (B) the term and dollar value of such 337
contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description of 338
services purchased under such contracts; [(5)] (E) contractor names; [(6)] 339
(F) an evaluation of contractor performance, including, but not limited 340
to records pertaining to the suspension or disqualification of 341
contractors, and assuring such information is available on the State 342
Contracting Portal; and [(7)] (G) a list of contracts and contractors 343
awarded without full and open competition stating the reasons [for] 344
therefor and identifying the approving authority; and 345
[(k)] (11) Provide the Governor and the joint standing committee of 346 Substitute Bill No. 1223
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the General Assembly having cognizance of matters relating to 347
government administration with recommendations concerning the 348
statutes and regulations concerning procurement. 349
Sec. 6. Subsections (a) to (c), inclusive, of section 4e-5 of the general 350
statutes are repealed and the following is substituted in lieu thereof 351
(Effective July 1, 2023): 352
(a) (1) The head of each state contracting agency shall appoint an 353
agency procurement officer. Such officer shall serve as the liaison 354
between the agency and the Chief Procurement Officer on all matters 355
relating to the agency's procurement activity, including, but not limited 356
to, implementation and compliance with the provisions of statutes and 357
regulations concerning procurement and any policies or regulations 358
adopted by the board, coordination of the training and education of 359
agency procurement employees and any person serving on the 360
Contracting Standards Advisory Council; 361
(2) The agency procurement officer shall be responsible for (A) 362
ensuring that any invitation to bid, request for proposals or any other 363
solicitation for goods and services issued on or after July 1, 2023, 364
contains a notice of the rights of prospective bidders, proposers or 365
prospective contractors under sections 4e-36, 4e-39 and 4e-40, as 366
amended by this act, (B) assuring that contractors are properly screened 367
prior to the award of a contract, (C) ensuring contractors are advised of 368
their rights under sections 4e-36, 4e-39 and 4e-40, as amended by this 369
act, prior to entering into a contract on or after July 1, 2023, (D) ensuring 370
that, upon the award of such a contract, unsuccessful bidders, proposers 371
or respondents are advised of their rights under sections 4e-36, 4e-39 372
and 4e-40, as amended by this act, (E) evaluating contractor 373
performance during and at the conclusion of a contract, (F) submitting 374
written evaluations to a central data repository to be designated by the 375
board, and (G) creating a project management plan for the agency with 376
annual reports to the board pertaining to procurement projects within 377
the agency. 378 Substitute Bill No. 1223
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(b) The State Contracting Standards Board, with the advice and 379
assistance of the Commissioner of Administrative Services, shall 380
develop a standardized state procurement and project management 381
education and training program. Such education and training program 382
shall develop education, training and professional development 383
opportunities for employees of state contracting agencies charged with 384
procurement responsibilities. The education and training program shall 385
educate such employees in general business acumen and on proper 386
purchasing procedures as established in statutes and regulations 387
concerning procurement with an emphasis on ethics, fairness, 388
consistency and project management. Participation in the education and 389
training program shall be required of any supervisory and 390
nonsupervisory [state] employees in state contracting agencies with 391
responsibility for buying, purchasing, renting, leasing or otherwise 392
acquiring any supplies, service or construction, including the 393
preparation of the description of requirements, selection and solicitation 394
of sources, preparation and award of contracts and all phases of contract 395
administration. 396
(c) The state procurement and project management education and 397
training program shall include, but shall not be limited to (1) training 398
and education concerning federal, state and municipal procurement 399
processes, including the statutes and regulations concerning 400
procurement; (2) training and education courses developed in 401
cooperation with the Office of State Ethics, the Freedom of Information 402
Commission, the State Elections Enforcement Commission, the 403
Commission on Human Rights and Opportunities, the office of the 404
Attorney General and any other state agency the board determines is 405
necessary in carrying out statutes and regulations concerning 406
procurement; (3) providing technical assistance to state contracting 407
agencies and municipalities for implementing statutes and regulations 408
concerning procurement, regulations, policies and standards developed 409
by the board; (4) training to current and prospective contractors and 410
vendors and others seeking to do business with [the] state contracting 411
agencies; and (5) training and education of state employees and quasi-412 Substitute Bill No. 1223
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public agency employees in the area of best procurement practices in 413
[state] purchasing with the goal of achieving the level of acumen 414
necessary to achieve the objectives of statutes and regulations 415
concerning procurement. 416
Sec. 7. Subsection (a) of section 4e-7 of the general statutes is repealed 417
and the following is substituted in lieu thereof (Effective July 1, 2023): 418
(a) For cause, the State Contracting Standards Board may review, 419
terminate or recommend to a state contracting agency the termination 420
of any contract or procurement agreement undertaken by any state 421
contracting agency after providing fifteen days' notice to the state 422
contracting agency and the applicable contractor, and consulting with 423
the Attorney General. Such termination of a contract or procurement 424
agreement by the board may occur only after (1) the board has consulted 425
with the state contracting agency to determine the impact of an 426
immediate termination of the contract, (2) a determination has been 427
made jointly by the board and the state contracting agency that an 428
immediate termination of the contract will not create imminent peril to 429
the public health, safety or welfare, (3) a vote of two-thirds of the 430
members of the board present and voting for that purpose, and (4) the 431
board has provided the state contracting agency and the contractor with 432
opportunity for a hearing conducted pursuant to the provisions of 433
chapter 54. Such action shall be accompanied by notice to the state 434
contracting agency and any other affected party. For the purpose of this 435
section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as 436
determined by the Citizen's Ethics Advisory Board; (B) wanton or 437
reckless disregard of any state or quasi-public agency contracting and 438
procurement process by any person substantially involved in such 439
contract or state contracting agency; or (C) notification from the 440
Attorney General to the state contracting agency that an investigation 441
pursuant to section 4-61dd has concluded that the process by which 442
such contract was awarded was compromised by fraud, collusion or any 443
other criminal violation. Nothing in this section shall be construed to 444
limit the authority of the board as described in section 4e-6. 445 Substitute Bill No. 1223
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Sec. 8. Section 4e-8 of the general statutes is repealed and the 446
following is substituted in lieu thereof (Effective July 1, 2023): 447
There is established a Contracting Standards Advisory Council, 448
which shall consist of representatives from the Office of Policy and 449
Management, Departments of Administrativ e Services and 450
Transportation, [and] representatives of at least three additional state 451
contracting agencies, including at least one human services related state 452
agency, to be designated by the Governor, and at least four additional 453
state contracting agencies that are quasi-public agencies, two to be 454
appointed by the speaker of the House of Representatives and two to be 455
appointed by the president pro tempore of the Senate. The Chief 456
Procurement Officer shall be a member of the council and serve as 457
chairperson. The advisory council shall meet at least four times per year 458
to discuss [state] procurement issues and to make recommendations for 459
improvement of the procurement processes to the State Contracting 460
Standards Board. The advisory council may conduct studies, research 461
and analyses and make reports and recommendations with respect to 462
subjects or matters within the jurisdiction of the State Contracting 463
Standards Board. 464
Sec. 9. Subsection (a) of section 4e-10 of the general statutes is 465
repealed and the following is substituted in lieu thereof (Effective July 1, 466
2023): 467
(a) On or before July 1, 2010, the board shall submit to the Governor 468
and the General Assembly such legislation as is necessary to permit state 469
contracting agencies, not including [quasi-publics] quasi-public 470
agencies, institutions of higher education, and municipal procurement 471
processes utilizing state funds, to carry out their functions under 472
statutes and regulations concerning procurement. 473
Sec. 10. Section 4e-14 of the general statutes is repealed and the 474
following is substituted in lieu thereof (Effective July 1, 2023): 475
On and after June 1, 2010, all [state] contracts of each state contracting 476 Substitute Bill No. 1223
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agency that is not a quasi-public agency that take effect on or after June 477
1, 2010, shall contain provisions to ensure accountability, transparency 478
and [results based] results-based outcomes, as prescribed by the State 479
Contracting Standards Board. On and after June 1, 2010, all state 480
contracts of the legislative branch and the judicial branch that take effect 481
on or after June 1, 2010, shall contain provisions to ensure 482
accountability, transparency and [results based] results-based 483
outcomes. On and after July 1, 2023, all contracts of each state 484
contracting agency that is a quasi-public agency that take effect on or 485
after July 1, 2023, shall contain provisions to ensure accountability, 486
transparency and results-based outcomes. 487
Sec. 11. Subsections (c) and (d) of section 4e-16 of the general statutes 488
are repealed and the following is substituted in lieu thereof (Effective July 489
1, 2023): 490
(c) (1) If such cost-benefit analysis identifies a cost savings to the state 491
contracting agency of ten per cent or more, and such privatization 492
contract will not diminish the quality of such service, the state 493
contracting agency shall develop a business case, in accordance with the 494
provisions of subsection (d) of this section, in order to evaluate the 495
feasibility of entering into any such contract and to identify the potential 496
results, effectiveness and efficiency of such contract. 497
(2) If such cost-benefit analysis identifies a cost savings of less than 498
ten per cent to the state contracting agency and such privatization 499
contract will not diminish the quality of such service, the state 500
contracting agency may develop a business case, in accordance with the 501
provisions of subsection (d) of this section, in order to evaluate the 502
feasibility of entering into any such contract and to identify the potential 503
results, effectiveness and efficiency of such contract, provided there is a 504
significant public policy reason to enter into such privatization contract. 505
Any such business case shall be approved in accordance with the 506
provisions of subdivision (4) of subsection (h) of this section. 507
(3) If any such proposed privatization contract would result in the 508 Substitute Bill No. 1223
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layoff, transfer or reassignment of one hundred or more state 509
contracting agency employees, after consulting with the potentially 510
affected bargaining units, if any, the state contracting agency shall notify 511
the state employees or quasi-public agency employees of such 512
bargaining unit, as applicable, after such cost-benefit analysis is 513
completed. Such state contracting agency shall provide an opportunity 514
for [said] such employees to reduce the costs of conducting the 515
operations to be privatized and provide reasonable resources for the 516
purpose of encouraging and assisting such [state] employees to organize 517
and submit a bid to provide the services that are the subject of the 518
potential privatization contract. The state contracting agency shall retain 519
sole discretion in determining whether to proceed with the privatization 520
contract, provided the business case for such contract is approved by the 521
board. 522
(d) Any business case developed by a state contracting agency for the 523
purpose of complying with subsection (c) of this section shall include: 524
(1) The cost-benefit analysis as described in subsection (b) of this section, 525
(2) a detailed description of the service or activity that is the subject of 526
such business case, (3) a description and analysis of the state contracting 527
agency's current performance of such service or activity, (4) the goals to 528
be achieved through the proposed privatization contract and the 529
rationale for such goals, (5) a description of available options for 530
achieving such goals, (6) an analysis of the advantages and 531
disadvantages of each option, including, at a minimum, potential 532
performance improvements and risks attendant to termination of the 533
contract or rescission of such contract, (7) an analysis of the potential 534
impact of the proposed privatization contract on workers of color and 535
workers who are women, including whether such privatization contract 536
will lessen or increase historical patterns that produce inequities 537
between such workers and other workers, (8) a description of the 538
current market for the services or activities that are the subject of such 539
business case, [(8)] (9) an analysis of the quality of services as gauged by 540
standardized measures and key performance requirements including 541
compensation, turnover, and staffing ratios, [(9)] (10) a description of 542 Substitute Bill No. 1223
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the specific results-based performance standards that shall, at a 543
minimum be met, to ensure adequate performance by any party 544
performing such service or activity, [(10)] (11) the projected time frame 545
for key events from the beginning of the procurement process through 546
the expiration of a contract, if applicable, [(11)] (12) a specific and 547
feasible contingency plan that addresses contractor nonperformance 548
and a description of the tasks involved in and costs required for 549
implementation of such plan, and [(12)] (13) a transition plan, if 550
appropriate, for addressing changes in the number of agency personnel, 551
affected business processes, employee transition issues, and 552
communications with affected stakeholders, such as agency clients and 553
members of the public, if applicable. Such transition plan shall contain 554
a reemployment and retraining assistance plan for employees who are 555
not retained by the state or a quasi-public agency or employed by the 556
contractor. If the primary purpose of the proposed privatization 557
contract is to provide a core governmental function, such business case 558
shall also include information sufficient to rebut the presumption that 559
such core governmental function should not be privatized. Such 560
presumption shall not be construed to prohibit a state contracting 561
agency from contracting for specialized technical expertise not available 562
within such agency, provided such agency shall retain responsibility for 563
such core governmental function. For the purposes of this section, "core 564
governmental function" means a function for which the primary 565
purpose is (A) the inspection for adherence to health and safety 566
standards because public health or safety may be jeopardized if such 567
inspection is not done or is not done in a timely or proper manner, (B) 568
the establishment of statutory, regulatory or contractual standards to 569
which a regulated person, entity or state contractor shall be held, (C) the 570
enforcement of statutory, regulatory or contractual requirements 571
governing public health or safety, [or] (D) criminal or civil law 572
enforcement, or (E) the provision of essential human services to 573
residents of the state who would otherwise lack the support necessary 574
to assure basic human needs. If any part of such business case is based 575
upon evidence that the state contracting agency is not sufficiently 576
staffed to provide the core governmental function required by the 577 Substitute Bill No. 1223
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privatization contract, the state contracting agency shall also include 578
within such business case a plan for remediation of the understaffing to 579
allow such services to be provided directly by the state contracting 580
agency in the future. 581
Sec. 12. Subdivisions (2) to (4), inclusive, of subsection (l) of section 582
4e-16 of the general statutes are repealed and the following is 583
substituted in lieu thereof (Effective July 1, 2023): 584
(2) If such cost-benefit analysis identifies a ten per cent or more cost 585
savings to the state contracting agency from the use of such 586
privatization contract and such contract does not diminish the quality 587
of the service provided, such state contracting agency shall develop a 588
business case for the renewal of such privatization contract in 589
accordance with the provisions of subsections (d) and (e) of this section. 590
The board shall review such contract in accordance with the provisions 591
of subsections (f) to (h), inclusive, of this section and may approve such 592
renewal by the applicable vote of the board, provided any such renewal 593
that is estimated to cost in excess of one hundred fifty million dollars 594
annually or six hundred million dollars or more over the life of the 595
contract shall also be approved by the General Assembly prior to the 596
state contracting agency renewing such contract. If such renewal is 597
approved by the board and the General Assembly, if applicable, the 598
provisions of subsection (j) of this section shall apply to any proposed 599
amendment to such contract. 600
(3) If such cost-benefit analysis identifies a cost savings to the state 601
contracting agency of less than ten per cent, such state contracting 602
agency shall prepare a plan to have such service provided by state 603
employees [and] or, in the case of a state contracting agency that is a 604
quasi-public agency, the employees of such quasi-public agency, shall 605
begin to implement such plan, provided: (A) While such plan is 606
prepared, but prior to implementation of such plan, such state 607
contracting agency may develop a business case for such privatization 608
contract, in accordance with the provisions of subsection (d) of this 609
section, that achieves a cost savings to the state of ten per cent or more. 610 Substitute Bill No. 1223
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Any such business case shall be reviewed by the board in accordance 611
with the provisions of subsections (f) to (h), inclusive, of this section, and 612
may be approved by the applicable vote of the board; (B) such 613
privatization contract shall not be renewed with the vendor currently 614
providing such service unless: (i) There exists a significant public 615
interest in renewing such contract, and (ii) such renewal is approved by 616
a two-thirds vote of the board; (C) the state contracting agency may 617
enter into a contract with a term of one year or less for the provision of 618
such service until such state contracting agency implements such plan; 619
and (D) the procedure for the transfer of funds from the General Fund, 620
as described in section 4-94, may be utilized to allocate necessary 621
resources for the implementation of the provisions of this subdivision. 622
(4) Notwithstanding the provisions of subdivision (3) of this 623
subsection, the renewal of a privatization contract with a nonprofit 624
organization shall not be denied if the cost of increasing compensation 625
to employees performing the privatized service is the sole cause for such 626
contract not achieving a cost savings to the state contracting agency of 627
ten per cent or more. 628
Sec. 13. Subsection (n) of section 4e-16 of the general statutes is 629
repealed and the following is substituted in lieu thereof (Effective July 1, 630
2023): 631
(n) The State Contracting Standards Board, in consultation with the 632
Department of Administrative Services, shall: (1) Recommend and 633
implement standards and procedures for state contracting agencies to 634
develop business cases in connection with privatization contracts, 635
including templates for use by state contracting agencies when 636
submitting business cases to the board, and policies and procedures to 637
guide state contracting agencies to complete such business cases, and (2) 638
develop guidelines and procedures for assisting state employees or 639
quasi-public agency employees whose jobs are affected by a 640
privatization contract. 641
Sec. 14. Subsection (p) of section 4e-16 of the general statutes is 642 Substitute Bill No. 1223
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repealed and the following is substituted in lieu thereof (Effective July 1, 643
2023): 644
(p) Prior to entering into or renewing any privatization contract that 645
is not subject to the provisions of subsection (a) of this section, the state 646
contracting agency shall evaluate such contract to determine if entering 647
into or renewing such contract is the most cost-effective method of 648
delivering the service, by determining the costs, as defined in subsection 649
(b) of this section, of such service. The state contracting agency shall 650
perform such evaluation in accordance with a template prescribed by 651
the Secretary of the Office of Policy and Management, in consultation 652
with the board, pursuant to subsection (m) of this section, and such 653
evaluation shall be subject to verification by the [secretary] board. The 654
[secretary] board may waive the requirement for an evaluation of cost-655
effectiveness under this subsection upon a finding by the [secretary] 656
board that exigent or emergent circumstances necessitate such waiver. 657
Sec. 15. Section 4e-17 of the general statutes is repealed and the 658
following is substituted in lieu thereof (Effective July 1, 2023): 659
(a) Except as otherwise provided, the provisions of sections 4e-16 to 660
4e-47, inclusive, as amended by this act, shall apply to all contracts 661
solicited or entered into by [state contracting agencies] a state 662
contracting agency that is a state agency after June 1, 2010, and all 663
contracts solicited or entered into by a state contracting agency that is a 664
quasi-public agency on or after July 1, 2023. 665
(b) Except as otherwise provided, the provisions of sections 4e-16 to 666
4e-47, inclusive, as amended by this act, shall apply to every 667
expenditure of public funds by any state contracting agency, 668
irrespective of their source, involving any state or quasi-public agency 669
contracting and procurement processes, including, but not limited to, 670
leasing and property transfers, purchasing or leasing of supplies, 671
materials or equipment, consultant or consultant services, personal 672
service agreements, purchase of service agreements or privatization 673
contracts, as defined in section 4e-1, as amended by this act, and, 674 Substitute Bill No. 1223
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relating to contracts for the construction, reconstruction, alteration, 675
remodeling, repair or demolition of any public building, bridge or road. 676
(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 677
act, shall be construed to require the application of procurement statutes 678
or regulations to a procurement that involves the expenditure of federal 679
assistance or federal contract funds if federal law provides procurement 680
procedures applicable to the expenditure of such funds, to the extent 681
such federal procedures are inconsistent with state procurement 682
statutes or regulations. 683
Sec. 16. Section 4e-18 of the general statutes is repealed and the 684
following is substituted in lieu thereof (Effective July 1, 2023): 685
For the purpose of obtaining supplies, materials, equipment or 686
contractual services, except infrastructure facilities, the Commissioner 687
of Administrative Services shall establish a requisition system to be used 688
by state contracting agencies that are not quasi-public agencies to 689
initiate and authorize the procurement process. Such system shall be 690
approved by the State Contracting Standards Board. 691
Sec. 17. Subsection (c) of section 4e-21 of the general statutes is 692
repealed and the following is substituted in lieu thereof (Effective July 1, 693
2023): 694
(c) The State Contracting Standards Board, in consultation with the 695
Commissioner of Administrative Services, may waive the requirement 696
of competitive bidding or competitive negotiation in the case of minor, 697
nonrecurring or emergency purchases of ten thousand dollars or less in 698
amount, upon application of the state contracting agency. Any state 699
contracting agency that obtains such a waiver for such an emergency 700
purchase shall post notice of such emergency purchase on the Internet 701
web site of the state contracting agency prior to making such emergency 702
purchase. 703
Sec. 18. Section 4e-24 of the general statutes is repealed and the 704
following is substituted in lieu thereof (Effective July 1, 2023): 705 Substitute Bill No. 1223
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(a) [Not later than June 1, 2010, the State Contracting Standards 706
Board, in consultation with the Commissioner of Administrative 707
Services and any other appropriate award authority, shall adopt 708
regulations, in accordance with the provisions of chapter 54, permitting] 709
If an emergency [procurements when there exists] procurement is 710
deemed necessary by a state contracting agency due to a threat to public 711
health, welfare or safety, the state contracting agency shall give notice 712
to the board of the need for such emergency procurement. Such 713
emergency procurements shall be made with competition, as is 714
practicable under the circumstances. [Said regulations shall require that] 715
The state contracting agency shall (1) include a written determination of 716
the basis for the emergency and for the selection of the particular 717
contractor [be included] in the contract file and [transmitted] transmit 718
such determination to the Governor, the president pro tempore of the 719
Senate, the majority and minority leaders of the Senate, the speaker of 720
the House of Representatives and the majority and minority leaders of 721
the House of Representatives, and (2) post such determination on the 722
Internet web site of the state contracting agency. 723
(b) The State Contracting Standards Board may adopt regulations in 724
accordance with the provisions of chapter 54 to implement the 725
provisions of this section. 726
Sec. 19. Subsection (d) of section 4b-51 of the general statutes is 727
repealed and the following is substituted in lieu thereof (Effective July 1, 728
2023): 729
(d) (1) Notwithstanding any provision of the general statutes, the 730
Commissioner of Administrative Services may select consultants to be 731
on a list established for the purpose of providing any consultant 732
services. Such list shall be established as provided in sections 4b-56 and 733
4b-57, as amended by this act. [The] In the case of an emergency 734
procurement due to a threat to public health, welfare or safety, the 735
commissioner may enter into a contract with any consultant on such list 736
without inviting responses from such consultants to perform a range of 737
consultant services or to perform a range of tasks pursuant to a task 738 Substitute Bill No. 1223
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letter detailing services to be performed under such contract. 739
(2) Notwithstanding any provision of the general statutes, the 740
Commissioner of Administrative Services may (A) compile a list of 741
architects, professional engineers and construction administrators for 742
the limited purpose of providing consultant services for a particular 743
program involving various projects for the construction of new 744
buildings or renovations to existing buildings where such buildings are 745
under the operation and control of either the Military Department or the 746
Department of Energy and Environmental Protection, and (B) in the case 747
of an emergency procurement due to a threat to public health, welfare 748
or safety, enter into a contract with any architect, professional engineer 749
or construction administrator on such list for such limited purpose 750
without inviting responses from the persons on such list, except that the 751
Adjutant General may perf orm the functions described in 752
subparagraphs (A) and (B) of this subdivision for any such building 753
under the operation and control of the Military Department. 754
(3) As used in this subsection, "consultant" means "consultant" as 755
defined in section 4b-55, "consultant services" means "consultant 756
services" as defined in section 4b-55, and "program" means multiple 757
projects involving the planning, design, construction, repair, 758
improvement or expansion of specified buildings, facilities or site 759
improvements, wherein the work (A) will be of a repetitive nature, (B) 760
will share a common funding source that imposes particular 761
requirements, or (C) would be significantly facilitated if completed by 762
the same design professional or construction administrator. 763
Sec. 20. Subsection (a) of section 4b-57 of the general statutes is 764
repealed and the following is substituted in lieu thereof (Effective July 1, 765
2023): 766
(a) Whenever consultant services are required by the commissioner 767
in fulfilling the responsibilities under section 4b-1, and in the case of 768
each project, the commissioner shall invite responses from such firms by 769
posting notice on the State Contracting Portal, except that, in the case of 770 Substitute Bill No. 1223
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an emergency procurement, the commissioner may receive consultant 771
services under a contract entered into pursuant to subsection (d) of 772
section 4b-51, as amended by this act. The commissioner shall prescribe, 773
by regulations adopted in accordance with chapter 54, the advance 774
notice required for, the manner of submission, and conditions and 775
requirements of, such responses. 776
Sec. 21. Subsection (g) of section 4b-91 of the general statutes is 777
repealed and the following is substituted in lieu thereof (Effective July 1, 778
2023): 779
(g) Notwithstanding the provisions of this chapter regarding 780
competitive bidding procedures, in the case of an emergency 781
procurement due to a threat to public health, welfare or safety, the 782
commissioner may select and interview at least three responsible and 783
qualified general contractors who are prequalified pursuant to section 784
4a-100 and submit the three selected contractors to the construction 785
services award panels process described in section 4b-100a and any 786
regulation adopted by the commissioner. The commissioner may 787
negotiate with the successful bidder a contract which is both fair and 788
reasonable to the state for a community court project, the downtown 789
Hartford higher education center project, a correctional facility project, 790
a juvenile residential center project, or a student residential facility for 791
the Connecticut State University System that is a priority higher 792
education facility project. The Commissioner of Administrative 793
Services, prior to entering any such contract or performing any work on 794
such project, shall submit such contract to the State Properties Review 795
Board for review and approval or disapproval by the board, pursuant 796
to subsection (i) of this section. Any general contractor awarded a 797
contract pursuant to this subsection shall be subject to the same 798
requirements concerning the furnishing of bonds as a contractor 799
awarded a contract pursuant to subsection (b) of this section. 800
Sec. 22. Section 4e-27 of the general statutes is repealed and the 801
following is substituted in lieu thereof (Effective July 1, 2023): 802 Substitute Bill No. 1223
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Not later than June 1, 2010, the State Contracting Standards Board, in 803
consultation with the Attorney General, shall adopt regulations, in 804
accordance with the provisions of chapter 54, specifying the types of 805
contracts that may be used by state contracting agencies. Such 806
regulations shall specify that a cost-reimbursement contract may be 807
used only when a determination is made in writing by the agency 808
procurement officer that such contract is likely to be less costly to the 809
state contracting agency than any other type or that it is impracticable 810
to obtain the supplies, services or construction required except under 811
such a contract. 812
Sec. 23. Section 4e-31 of the general statutes is repealed and the 813
following is substituted in lieu thereof (Effective July 1, 2023): 814
When, for any reason, collusion or other anticompetitive practices are 815
suspected among any bidders or proposers for a [state] contract of a 816
state contracting agency, a notice of the relevant facts shall be 817
transmitted to the Attorney General by any affected party, including, 818
but not limited to, the state contracting agency, a bidder or a proposer. 819
Sec. 24. Section 4e-34 of the general statutes is repealed and the 820
following is substituted in lieu thereof (Effective July 1, 2023): 821
(a) After reasonable notice and hearing and consultation with the 822
relevant state contracting agency and the Attorney General, the State 823
Contracting Standards Board, acting through a subcommittee of three 824
members, appointed by the chairperson, which subcommittee shall 825
include not less than one legislative appointee, may disqualify any 826
contractor, bidder or proposer, for a period of not more than five years, 827
from bidding on, applying for or participating as a contractor or 828
subcontractor under, contracts with the state or quasi-public agencies. 829
Such disqualification shall be upon the vote of two-thirds of the 830
members of the subcommittee present and voting for that purpose. Such 831
hearing shall be conducted in accordance with the provisions of chapter 832
54. The subcommittee shall issue a written recommendation not later 833
than sixty days after the conclusion of such hearing, and shall state the 834 Substitute Bill No. 1223
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reason for the recommended action and, if the disqualification is 835
recommended, the period of time the contractor, bidder or proposer 836
shall be disqualified. In determining whether to disqualify a contractor, 837
bidder or proposer, the subcommittee shall consider the seriousness of 838
the acts or omissions of the contractor, bidder or proposer and any 839
mitigating factors. Such recommendation shall be submitted to the 840
board for action and sent to the contractor by certified mail, return 841
receipt requested. If disqualification is recommended, the contractor 842
shall have thirty days to submit comments to the board. Upon receipt of 843
the proposed recommendation by the subcommittee, the board shall 844
issue a written decision either adopting, rejecting or modifying the 845
subcommittee's recommendation. Such decision shall be issued not later 846
than thirty days after receipt by the board of the contractor's comments, 847
if any. The board shall send the decision to the contractor by certified 848
mail, return receipt requested. The written decision shall be a final 849
decision for purposes of sections 4-180 and 4-183. 850
(b) Causes for such disqualification shall include the following: 851
(1) Conviction of, or entry of a plea of guilty or nolo contendere or 852
admission to, the commission of a criminal offense as an incident to 853
obtaining or attempting to obtain a public or private contract or 854
subcontract, or in the performance of such contract or subcontract; 855
(2) Conviction of, or entry of a plea of guilty or nolo contendere or 856
admission to, the violation of any state or federal law for embezzlement, 857
theft, forgery, bribery, falsification or destruction of records, receiving 858
stolen property or any other offense indicating a lack of business 859
integrity or business honesty which affects responsibility as a [state] 860
contractor; 861
(3) Conviction of, or entry of a plea of guilty or nolo contendere or 862
admission to, a violation of any state or federal antitrust, collusion or 863
conspiracy law arising out of the submission of bids or proposals on a 864
public or private contract or subcontract; 865 Substitute Bill No. 1223
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(4) Accumulation of two or more suspensions pursuant to section 4e-866
35, as amended by this act, within a twenty-four-month period; 867
(5) A wilful, negligent or reckless failure to perform in accordance 868
with the terms of one or more contracts or subcontracts, agreements or 869
transactions with state contracting agencies; 870
(6) A history of failure to perform or of unsatisfactory performance 871
on one or more public contracts, agreements or transactions with state 872
contracting agencies; 873
(7) A wilful violation of a statutory or regulatory provision or 874
requirement applicable to a contract, agreement or transaction with 875
state contracting agencies; 876
(8) A wilful or egregious violation of the ethical standards set forth in 877
sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 878
Advisory Board; or 879
(9) Any other cause or conduct the board determines to be so serious 880
and compelling as to affect responsibility as a [state] contractor, 881
including, but not limited to: 882
(A) Disqualification by another state for cause; 883
(B) The fraudulent or criminal conduct of any officer, director, 884
shareholder, partner, employee or other individual associated with a 885
contractor, bidder or proposer of such contractor, bidder or proposer, 886
provided such conduct occurred in connection with the individual's 887
performance of duties for or on behalf of such contractor, bidder or 888
proposer and such contractor, bidder or proposer knew or had reason 889
to know of such conduct; 890
(C) The existence of an informal or formal business relationship with 891
a contractor who has been disqualified from bidding or proposing on 892
[state] contracts of any state contracting agency. 893 Substitute Bill No. 1223
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(c) Upon written request by the affected [state] contractor, bidder or 894
proposer, the State Contracting Standards Board may reduce the period 895
or extent of disqualification for a contractor, bidder or proposer if 896
documentation supporting any of the following reasons for 897
modification is provided to the board by the contractor, bidder or 898
proposer: 899
(1) Newly discovered material evidence; 900
(2) Reversal of the conviction upon which the disqualification was 901
based; 902
(3) Bona fide change in ownership or management; or 903
(4) Elimination of other causes for which the disqualification was 904
imposed. 905
Sec. 25. Section 4e-35 of the general statutes is repealed and the 906
following is substituted in lieu thereof (Effective July 1, 2023): 907
(a) For purposes of this section and sections 4e-37 and 4e-38, as 908
amended by this act, "contracting agency of the state" does not include 909
a quasi-public agency. After reasonable notice and a hearing, conducted 910
in accordance with the provisions of chapter 54, the department head of 911
any [state] contracting agency of the state may suspend any contractor, 912
bidder or proposer for a period of not more than six months from 913
bidding on, applying for or performing work as a contractor or 914
subcontractor under, contracts with the state. The department head 915
shall issue a written decision not later than ninety days after the 916
conclusion of such hearing and state in the decision the reasons for the 917
action taken and, if the contractor, bidder or proposer is being 918
suspended, the period of such suspension. In determining whether to 919
suspend a contractor, bidder or proposer, the department head shall 920
consider the seriousness of the acts or omissions of the contractor, 921
bidder or proposer and any mitigating factors. The department head 922
shall send such decision to the contractor and the State Contracting 923
Standards Board by certified mail, return receipt requested. Such 924 Substitute Bill No. 1223
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decision shall be a final decision for purposes of sections 4-180 and 4-925
183. 926
(b) Causes for such suspension shall include the following: 927
(1) Failure without good cause to perform in accordance with 928
specifications or within the time limits provided in the contract; 929
(2) A record of failure to perform or of unsatisfactory performance in 930
accordance with the terms of one or more contracts, provided failure to 931
perform or unsatisfactory performance caused by acts beyond the 932
control of the contractor shall not be considered to be a basis for 933
suspension; 934
(3) Any cause the complainant [state] contracting agency of the state 935
determines to be so serious and compelling as to affect the responsibility 936
of a state contractor, including suspension by another [state] contracting 937
agency of the state for cause; or 938
(4) A violation of the ethical standards set forth in section 1-84, 1-86e 939
or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 940
(c) The State Contracting Standards Board may grant an exception 941
permitting a suspended contractor to participate in a particular contract 942
or subcontract upon a written determination by the board that there is 943
good cause for such exception and that such exception is in the best 944
interest of the state. 945
(d) The department head of each [state] contracting agency of the 946
state shall conduct reviews of contractors and shall file reports 947
pertaining to any of the reasons set forth in this section that may be the 948
basis for disqualification. 949
Sec. 26. Subsections (g) to (i), inclusive, of section 4e-37 of the general 950
statutes are repealed and the following is substituted in lieu thereof 951
(Effective July 1, 2023): 952 Substitute Bill No. 1223
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(g) In the event that the appeals review subcommittee or the board 953
determines that a procedural violation occurred, or that allegations of 954
an unauthorized or unwarranted, noncompetitive selection process 955
have been substantiated, the board shall direct the [state] contracting 956
agency of the state to take corrective action not later than thirty days 957
after the date of the subcommittee's or board's decision, as applicable. 958
(h) In the event such appeal is found to be frivolous by the appeals 959
review subcommittee or the full board, such frivolous appeal may serve 960
as a basis for disqualification pursuant to section 4e-34, as amended by 961
this act. 962
(i) Any three members of the board may request a full board review 963
of any contract deliberation or award process of a [state] contracting 964
agency of the state. 965
Sec. 27. Section 4e-38 of the general statutes is repealed and the 966
following is substituted in lieu thereof (Effective July 1, 2023): 967
The State Contracting Standards Board shall issue a decision in 968
writing or take other appropriate action on each appeal submitted 969
pursuant to section 4e-37, as amended by this act. A copy of any decision 970
shall be provided to all parties, the department head of the [state] 971
contracting agency of the state and the Chief Procurement Officer. 972
Sec. 28. Subdivision (2) of section 4e-40 of the general statutes is 973
repealed and the following is substituted in lieu thereof (Effective July 1, 974
2023): 975
(2) If the person awarded the contract acted in bad faith: 976
(A) The contract may be declared null and void; or 977
(B) The contract may be ratified and affirmed if such action is in the 978
best interests of the state, as determined by the State Contracting 979
Standards Board, in writing, without prejudice to the [state's] state 980
contracting agency's right to such damages as may be appropriate. 981 Substitute Bill No. 1223
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Sec. 29. Section 4e-45 of the general statutes is repealed and the 982
following is substituted in lieu thereof (Effective July 1, 2023): 983
With respect to infrastructure facilities, not later than June 1, 2010, the 984
State Contracting Standards Board, in consultation with the state 985
contracting agencies and the Attorney General, shall adopt regulations, 986
in accordance with the provisions of chapter 54, requiring the inclusion 987
in [state] contracts with any state contracting agency of clauses 988
providing for adjustments in prices, time of performance, remedies, 989
termination or other contract provisions necessary to protect the 990
interests of the state. 991
Sec. 30. Section 4e-46 of the general statutes is repealed and the 992
following is substituted in lieu thereof (Effective July 1, 2023): 993
Not later than June 1, 2010, the State Contracting Standards Board 994
shall adopt regulations, in accordance with the provisions of chapter 54, 995
concerning the procedure and circumstances under which a state 996
contracting agency may allow contract modification, change order, or 997
contract price adjustment under a construction contract with [the state] 998
a state contracting agency in excess of fifty thousand dollars. Such 999
regulations shall require that every contract modification, change order 1000
or contract price adjustment under a construction contract with [the 1001
state] a state contracting agency in excess of fifty thousand dollars shall 1002
be subject to prior written certification by the fiscal officer of the state 1003
contracting agency or other agency responsible for funding the project 1004
or the contract, or other official responsible for monitoring and 1005
reporting upon the status of the costs of the total project budget or 1006
contract budget, as to the effect of the contract modification, change 1007
order, or adjustment in contract price on the total project budget or the 1008
total contract budget. Such regulations shall further provide that in the 1009
event the certification of the fiscal officer or other responsible official 1010
discloses a resulting increase in the total project budget or the total 1011
contract budget, the agency procurement officer shall not execute or 1012
make such contract modification, change order, or adjustment in 1013
contract price unless sufficient funds are available or the scope of the 1014 Substitute Bill No. 1223
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project or contract is adjusted so as to permit the degree of completion 1015
that is feasible within the total project budget or total contract budget as 1016
it existed prior to the contract modification, change order, or adjustment 1017
in contract price under consideration provided, with respect to the 1018
validity, as to the contractor, of any executed contract modification, 1019
change order, or adjustment in contract price which the contractor has 1020
reasonably relied upon, it shall be presumed that there has been 1021
compliance with the provisions of this section. 1022
Sec. 31. Subsection (a) of section 4e-48 of the general statutes is 1023
repealed and the following is substituted in lieu thereof (Effective July 1, 1024
2023): 1025
(a) For the purposes of this section, "nonresident bidder" means a 1026
business that is not a resident of the state that submits a bid in response 1027
to an invitation to bid by a state contracting agency, "resident bidder" 1028
means a business that submits a bid in response to an invitation to bid 1029
by a state contracting agency and that has paid unemployment taxes or 1030
income taxes in this state during the twelve calendar months 1031
immediately preceding submission of such bid, has a business address 1032
in the state and has affirmatively claimed such status in the bid 1033
submission, and "contract" [means "contract" as defined in section 4e-1 1034
and "state contracting agency" means] and "state contracting agency" [, 1035
as defined] have the same meanings as provided in section 4e-1, as 1036
amended by this act. 1037
Sec. 32. Section 4e-72 of the general statutes is repealed and the 1038
following is substituted in lieu thereof (Effective July 1, 2023): 1039
As used in this section, "contract", "state contracting agency", "data" 1040
and "contractor" have the same meanings as provided in section 4e-1, as 1041
amended by this act. Any contract between a state contracting agency 1042
and a contractor that is entered into, renewed or amended on or after 1043
October 1, 2021, or, in the case of a state contracting agency that is a 1044
quasi-public agency, entered into, renewed or amended on or after July 1045
1, 2023, shall contain a provision authorizing the state contracting 1046 Substitute Bill No. 1223
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agency to access any data concerning such contract that is in the 1047
possession or control of the contractor upon demand in a format 1048
prescribed by the state contracting agency at no additional cost to such 1049
agency. 1050
Sec. 33. Section 10a-255 of the general statutes is repealed and the 1051
following is substituted in lieu thereof (Effective July 1, 2023): 1052
(a) To accomplish the purposes of sections 10a-250 to 10a-263, 1053
inclusive, the corporation may enter into joint ventures or shared service 1054
agreements to procure hospital facilities and to contract for services 1055
necessary or useful in connection with the procurement of hospital 1056
facilities. The corporation shall establish and adopt specific policies, 1057
rules and procedures on purchasing and contracting. Such policies, 1058
rules and procedures shall be approved by a two-thirds vote of its full 1059
board of directors. The corporation shall conduct its contracting and 1060
purchasing operations in accordance with such policies, rules and 1061
procedures. Notwithstanding any other provision of law to the contrary, 1062
the corporation may enter into joint ventures or shared service 1063
agreements and may procure hospital facilities and contract for any 1064
services necessary or useful in connection with such procurement either 1065
(1) pursuant to a process of open or competitive bidding, provided that 1066
(A) the corporation may determine the format, contents and scope of 1067
any joint venture or shared service agreement or any procurement of 1068
hospital facilities, and services in connection with such procurement, 1069
the conditions under which bidding shall take place and the schedule 1070
and stipulations for contract award, and (B) the corporation may select 1071
the contractor deemed to have submitted the most favorable bid, price 1072
and other factors considered, when, in the judgment of the corporation, 1073
such award is in the best interests of the hospital, or (2) if the 1074
corporation, in its discretion, determines that, due to the nature of the 1075
joint venture or shared service agreement or hospital facilities to be 1076
contracted for or procured, open or public bidding is either 1077
impracticable or not in the best interests of the hospital, through 1078
negotiation with such person or persons as the corporation may 1079 Substitute Bill No. 1223
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determine. The terms and conditions of joint ventures or shared service 1080
agreements or contracts for hospital facilities shall be determined by the 1081
corporation, as shall the fees or other compensation to be paid to such 1082
persons under such joint venture, shared service agreement or contract, 1083
provided any contract for construction by the corporation or a 1084
subsidiary of a hospital facility shall be subject to the provisions of 1085
section 31-53 and any joint venture agreement or shared service 1086
agreement of the corporation shall contain a neutrality clause signed by 1087
all parties to such joint venture agreement or shared service agreement 1088
prohibiting employer interference by such parties in union organizing 1089
and education campaigns, prohibiting discrimination in hiring based on 1090
past union activity and prohibiting harassment of employees engaged 1091
in labor organizing, all in compliance with section 31-104 and section 31-1092
105. The joint venture, shared service agreement or contracts entered 1093
into by the corporation shall not be subject to the approval of any state 1094
department, office or agency other than as provided in this section. 1095
Copies of all contracts of the corporation shall be maintained by the 1096
corporation at its offices as public records, subject to the exemption 1097
provided in subsection (i) of section 10a-253. Nothing in this subsection 1098
shall be deemed to restrict the discretion of the corporation to utilize its 1099
own staff and workforce for the performance of any of its assigned 1100
responsibilities and functions whenever, in the discretion of the 1101
corporation, it becomes necessary, convenient or desirable to do so. 1102
(b) Subject to the restrictions of subdivision (15) of section 10a-254 the 1103
corporation may contract with the hospital to provide services for the 1104
hospital through joint ventures or shared service agreements or to 1105
provide hospital facilities for the hospital, to provide insurance for the 1106
hospital as provided in section 10a-256 and to contract for claims 1107
management services, or to otherwise make hospital facilities or services 1108
provided by joint ventures or shared service agreements available for 1109
the hospital. For the hospital to enter into any contract for such services 1110
or hospital facilities or insurance or claims management services with 1111
the corporation, to pay any reasonable fees and charges established by 1112
the corporation for such services or hospital facilities or to pledge 1113 Substitute Bill No. 1223
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payment from any moneys made available by the state to the hospital 1114
including, but not limited to, resources of the hospital fund established 1115
and administered pursuant to sections 10a-127 and 10a-128, other funds 1116
of the state and proceeds of financings by the state for the payment of 1117
such fees and charges, it shall have the authorization of the Board of 1118
Trustees of The University of Connecticut. Such authorization shall be 1119
given by adoption of a resolution at a regularly or specially noticed 1120
meeting of said board of trustees. Any fees and charges so established 1121
shall be deemed to be direct expenses of the hospital for which the 1122
resources of the hospital fund may be used pursuant to section 10a-127 1123
and the State Treasurer is authorized to make payments of such fees and 1124
charges upon warrants issued by the State Comptroller, upon the order 1125
of authorized officers of The University of Connecticut, pursuant to such 1126
a resolution. The provisions of section 4a-57 and any provision of law 1127
relating to contract approval other than sections 10a-250 to 10a-263, 1128
inclusive, shall not apply to such contracts between the hospital and the 1129
corporation. Any such contract or contracts shall be upon such terms 1130
and conditions as the corporation and the hospital shall determine to be 1131
reasonable including, but not limited to, the reimbursement of all costs 1132
of planning, financing, acquisition, construction, operation and 1133
maintenance, and any claims arising therefrom. All payments of fees 1134
and charges required under any contract or agreement entered into 1135
pursuant to the provisions of this section are considered expenditures 1136
for public purposes by the state. Any contract between the hospital and 1137
the corporation that provides for the procurement by the corporation of 1138
hospital facilities or services as authorized by sections 10a-250 to 10a-1139
263, inclusive, shall provide that the hospital shall be required to pay, 1140
through service, lease, rental or installment sale payments for such 1141
hospital facilities or services, all project costs of such hospital facilities 1142
or services at such times and in such amounts as determined by the 1143
corporation and the hospital. Any such contract between the hospital 1144
and the corporation may contain provisions as to: (1) Pledging or 1145
assigning any part of moneys and revenues, including reimbursement 1146
allowances, derived by the hospital or the corporation, to secure 1147
payments required by such contract; (2) setting aside reserves and 1148 Substitute Bill No. 1223
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creating special funds and the disposition thereof; (3) defining the acts 1149
or omissions to act which shall constitute a default in the obligations and 1150
duties of the hospital or the corporation and providing for the rights and 1151
remedies of the hospital and the corporation in the event of such default; 1152
(4) any other matters which may be deemed necessary or desirable by 1153
the corporation to properly carry out its corporate purposes. 1154
(c) Any joint venture, shared service agreement or contract entered 1155
into by the corporation, or any of its subsidiaries under this section, shall 1156
comply with the applicable provisions of section 4e-16, as amended by 1157
this act, and shall be subject to the jurisdiction of the State Contracting 1158
Standards Board to the same extent as a constituent unit of higher 1159
education. 1160
Sec. 34. Subdivision (15) of subsection (a) of section 15-31b of the 1161
general statutes is repealed and the following is substituted in lieu 1162
thereof (Effective July 1, 2023): 1163
(15) Invest in, acquire, lease, purchase, own, manage, hold and 1164
dispose of real property and lease, convey or deal in or enter into 1165
agreements with respect to such property on any terms necessary or 1166
incidental to carrying out the purposes of sections 15-31a to 15-31i, 1167
inclusive, provided such transactions shall not be subject to approval, 1168
review or regulation by any state agency pursuant to title 4b or any other 1169
provision of the general statutes, except (A) the authority shall not 1170
convey fee simple ownership in any property associated with the ports 1171
or harbors under its jurisdiction and control without the approval of the 1172
State Properties Review Board and the Attorney General, and (B) as 1173
provided in [subsection (c) of this section] chapter 62; and 1174
Sec. 35. Subsections (b) and (c) of section 15-31b of the general statutes 1175
are repealed and the following is substituted in lieu thereof (Effective July 1176
1, 2023): 1177
(b) The authority shall continue as long as it has bonds or other 1178
obligations outstanding and until its existence is terminated by law, 1179 Substitute Bill No. 1223
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provided no such termination shall affect any outstanding contractual 1180
obligation of the authority and the state shall succeed to the obligations 1181
of the authority under any contract. Upon the termination of the 1182
existence of the authority, all its rights and properties shall pass to and 1183
be vested in the state of Connecticut. 1184
[(c) On and after June 23, 2021, until July 1, 2026, the authority shall 1185
be a state contracting agency for the purposes of chapter 62, except for 1186
the provisions of section 4e-16, and shall be subject to the authority of 1187
the State Contracting Standards Board established under section 4e-2.] 1188
Sec. 36. Subsection (c) of section 10-357b of the general statutes is 1189
repealed and the following is substituted in lieu thereof (Effective July 1, 1190
2023): 1191
(c) The State Education Resource Center shall be subject to (1) rules, 1192
regulations and restrictions on purchasing, procurement, personal 1193
service agreements and the disposition of assets generally applicable to 1194
Connecticut state agencies, including those contained in titles 4, 4a and 1195
4b and [section 4e-19] chapter 62, and (2) audit by the Auditors of Public 1196
Accounts under chapter 12 and section 2-90. 1197
Sec. 37. Section 10a-196 of the general statutes is repealed and the 1198
following is substituted in lieu thereof (Effective July 1, 2023): 1199
Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1200
complete, additional and alternative method for the doing of the things 1201
authorized thereby, and shall be regarded as supplemental and 1202
additional to powers conferred by other laws; provided the issuance of 1203
bonds and refunding bonds under the provisions of this chapter need 1204
not comply with the requirements of any other law applicable to the 1205
issuance of bonds including, particularly, title 42a; and provided in the 1206
construction and acquisition of a project pursuant hereto the authority 1207
need not comply with the requirements of chapter 50. Except as 1208
otherwise expressly provided in this chapter and the provisions of 1209
chapter 62 concerning state contracting agencies, none of the powers 1210 Substitute Bill No. 1223
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granted to the authority under the provisions of this chapter shall be 1211
subject to the supervision or regulation or require the approval or 1212
consent of any municipality or political subdivision or any commission, 1213
board, body, bureau, official or agency thereof or of the state. 1214
Sec. 38. Subsection (s) of section 10a-204b of the general statutes is 1215
repealed and the following is substituted in lieu thereof (Effective July 1, 1216
2023): 1217
(s) The provisions of this section shall be deemed to provide a 1218
complete, additional and alternative method for the actions and the 1219
things authorized thereby and shall be regarded as supplemental and 1220
additional to powers granted by other laws; the issuance of bonds, notes 1221
or other obligations under the provisions of this section need not comply 1222
with the requirements of any law applicable to the issuance of bonds, 1223
notes or other obligations. This section, being necessary for the welfare 1224
of the state and its inhabitants, shall be liberally construed to affect its 1225
purpose. None of the powers granted to the corporation or to any 1226
subsidiary created pursuant to subdivision (5) of section 10a-204 under 1227
the provisions of this section shall be subject to the supervision or 1228
regulation or require the approval or consent of any municipality or 1229
political subdivision or any department, division, commission, board, 1230
body, bureau, official or agency thereof or of the state, and the exercise 1231
thereof shall not cause the corporation or any such subsidiary to be 1232
construed to be an agency within the scope of chapter 54 or a 1233
department, institution or agency of the state, except that the 1234
corporation or any such subsidiary shall comply with the provisions of 1235
chapter 62 concerning state contracting agencies. 1236
Sec. 39. Section 10a-243 of the general statutes is repealed and the 1237
following is substituted in lieu thereof (Effective July 1, 2023): 1238
The provisions of this chapter shall be deemed to provide a complete, 1239
additional and alternative method for the actions of the things 1240
authorized thereby and shall be regarded as supplemental and 1241
additional to powers granted by other laws; the issuance of revenue 1242 Substitute Bill No. 1223
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bonds or notes and revenue refunding bonds or notes under the 1243
provisions of this chapter need not comply with the requirements of any 1244
other law applicable to the issuance of bonds or notes. This chapter, 1245
being necessary for the welfare of the state and its inhabitants, shall be 1246
liberally construed to effect its purpose. Except as otherwise expressly 1247
provided in this chapter or the provisions of chapter 62 concerning state 1248
contracting agencies, none of the powers granted to the authority under 1249
the provisions of this chapter shall be subject to the supervision or 1250
regulation or require the approval or consent of any municipality or 1251
political subdivision or any department, division, commission, board, 1252
body, bureau, official or agency thereof or of the state. The authority 1253
shall not be construed to be an agency within the scope of chapter 54 or 1254
a department, institution or agency of the state. 1255
Sec. 40. Subdivision (16) of subsection (b) of section 12-806 of the 1256
general statutes is repealed and the following is substituted in lieu 1257
thereof (Effective July 1, 2023): 1258
(16) To invest in, acquire, lease, purchase, own, manage, hold and 1259
dispose of real property and lease, convey or deal in or enter into 1260
agreements with respect to such property on any terms necessary or 1261
incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1262
818, inclusive, and sections 12-853 and 12-854, provided such 1263
transactions shall not be subject to approval, review or regulation 1264
pursuant to title 4b or any other statute by any state agency, except that 1265
real property transactions shall be subject to review by the State 1266
Properties Review Board and contracts shall be subject to the provisions 1267
of chapter 62 concerning state contracting agencies; 1268
Sec. 41. Section 12-815 of the general statutes is repealed and the 1269
following is substituted in lieu thereof (Effective July 1, 2023): 1270
(a) The corporation shall establish and adopt specific policies, rules 1271
and procedures on purchasing and contracting. Such policies, rules and 1272
procedures or amendments thereto shall be approved by a two-thirds 1273
vote of the entire board. Notwithstanding any other provision of law to 1274 Substitute Bill No. 1223
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the contrary, the corporation may enter into management, consulting 1275
and other agreements for the provision of goods, services and 1276
professional advisors necessary or useful in connection with the 1277
operation and management of the lottery (1) pursuant to a process of 1278
open or competitive bidding, provided (A) the corporation shall first 1279
determine the format, content and scope of any agreement for any 1280
procurement of goods or services, the conditions under which bidding 1281
will take place and the schedule and stipulations for contract award, and 1282
(B) the corporation may select the contractor deemed to have submitted 1283
the most favorable bid, considering price and other factors, when, in the 1284
judgment of the corporation, such award is in the best interests of the 1285
corporation, or (2) if the corporation, in its discretion, determines that, 1286
due to the nature of the agreement to be contracted for or procured, 1287
open or public bidding is either impracticable or not in the best interests 1288
of the corporation, by negotiation with such prospective providers as 1289
the corporation may determine. The terms and conditions of agreements 1290
and the fees or other compensation to be paid to such persons shall be 1291
determined by the corporation. The agreements entered into by the 1292
corporation in accordance with the provisions of this section shall not 1293
be subject to the approval of any state department, office or agency, 1294
except as provided in chapter 62 in the provisions concerning state 1295
contracting agencies or regulations adopted by the Department of 1296
Consumer Protection. Nothing in this section shall be deemed to restrict 1297
the discretion of the corporation to utilize its own staff and workforce 1298
for the performance of any of its assigned responsibilities and functions 1299
whenever, in the discretion of the corporation, it becomes necessary, 1300
convenient or desirable to do so. Copies of all agreements of the 1301
corporation shall be maintained by the corporation at its offices as public 1302
records, subject to said exemption. 1303
(b) [The] Except as provided in chapter 62, the corporation shall not 1304
be subject to rules, regulations or restrictions on purchasing or 1305
procurement or the disposition of assets generally applicable to 1306
Connecticut state agencies, including those contained in titles 4a and 4b 1307
and the corresponding rules and regulations. The board shall adopt 1308 Substitute Bill No. 1223
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rules and procedures on purchasing, procurement and the disposition 1309
of assets applicable to the corporation. The adoption of such rules or 1310
procedures shall not be subject to chapter 54. Any such rules or 1311
procedures shall be a public record, as defined in section 1-200. 1312
Sec. 42. Section 22a-268 of the general statutes is repealed and the 1313
following is substituted in lieu thereof (Effective July 1, 2023): 1314
The authority shall utilize private industry, by contract, to carry out 1315
the business, design, operating, management, marketing, planning and 1316
research and development functions of the authority, unless the 1317
authority determines that it is in the public interest to adopt another 1318
course of action. The authority is hereby empowered to enter into long-1319
term contracts with private persons for the performance of any such 1320
functions of the authority which, in the opinion of the authority, can 1321
desirably and conveniently be carried out by a private person under 1322
contract provided any such contract shall contain such terms and 1323
conditions as will enable the authority to retain overall supervision and 1324
control of the business, design, operating, management, transportation, 1325
marketing, planning and research and development functions to be 1326
carried out or to be performed by such private persons pursuant to such 1327
contract. Such contracts shall be entered into either on a competitive 1328
negotiation or competitive bidding basis, and the authority in its 1329
discretion may select the type of contract it deems most prudent to 1330
utilize, pursuant to the contracting procedures adopted under section 1331
22a-268a and considering the scope of work, the management 1332
complexities associated therewith, the extent of current and future 1333
technological development requirements and the best interests of the 1334
state. Whenever a long-term contract is entered into on other than a 1335
competitive bidding basis, the criteria and procedures therefor shall 1336
conform to applicable provisions of subdivision (16) of subsection (a) 1337
and subsections (b) and (c) of section 22a-266, provided however, that 1338
any contract for a period of over five years in duration, or any contract 1339
for which the annual consideration is greater than fifty thousand dollars 1340
shall be approved by a two-thirds vote of the authority's full board of 1341 Substitute Bill No. 1223
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directors. The terms and conditions of such contracts shall be 1342
determined by the authority, as shall the fees or other similar 1343
compensation to be paid to such persons for such contracts. The 1344
contracts entered into by the authority shall not be subject to the 1345
approval of any other state department, office or agency, except as 1346
provided in chapter 62, in the provisions concerning state contracting 1347
agencies. However, copies of all contracts of the authority shall be 1348
maintained by the authority as public records, subject to the proprietary 1349
rights of any party to the contract. Nothing of the aforesaid shall be 1350
deemed to restrict the discretion of the authority to utilize its own staff 1351
and work force for the performance of any of its assigned 1352
responsibilities and functions whenever, in the discretion of the 1353
authority, it becomes necessary, convenient or desirable to do so. Any 1354
litigation with respect to any terms, conditions or provisions of any 1355
contract of the authority, or the performance or nonperformance of same 1356
by either party, shall be tried before a judge of the Superior Court of 1357
Connecticut. 1358
Sec. 43. Subdivision (14) of section 31-49h of the general statutes is 1359
repealed and the following is substituted in lieu thereof (Effective July 1, 1360
2023): 1361
(14) Make and enter into any contract or agreement necessary or 1362
incidental to the performance of its duties and execution of its powers. 1363
[The] Except as provided in chapter 62, the contracts and agreements 1364
entered into by the authority shall not be subject to the approval of any 1365
other state department, office or agency, provided copies of all such 1366
contracts shall be maintained by the authority as public records, subject 1367
to the proprietary rights of any party to such contracts. No contract shall 1368
contain any provision in which any contractor derives any direct or 1369
indirect economic benefit from denying or otherwise influencing the 1370
outcome of any claim for benefits. The standard criteria for the 1371
evaluation of proposals relating to claims processing, web site 1372
development, database development, marketing and advertising, in the 1373
event the authority seeks the services of an outside contractor for such 1374 Substitute Bill No. 1223
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tasks, and for the evaluation of proposals relating to all other contracts 1375
in amounts equal to or exceeding two hundred fifty thousand dollars 1376
shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1377
efficiency of operations, (D) quality of work related to the contracts 1378
issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1379
analysis documenting the direct and indirect costs of such contracts, 1380
including qualitative and quantitative benefits that will result from the 1381
implementation of such contracts. The establishment of additional 1382
standard criteria shall be approved by a two-thirds vote of the board 1383
after such criteria have been posted on a public Internet web site 1384
maintained by the authority for notice and comment for at least one 1385
week prior to such vote. 1386
Sec. 44. Subdivision (13) of section 38a-1083 of the general statutes is 1387
repealed and the following is substituted in lieu thereof (Effective July 1, 1388
2023): 1389
(13) Make and enter into any contract or agreement necessary or 1390
incidental to the performance of its duties and execution of its powers, 1391
including, but not limited to, an agreement with the Office of Health 1392
Strategy to use funds collected under this section for the operation of 1393
the all-payer claims database established under section 19a-755a and to 1394
receive data from such database. The contracts entered into by the 1395
exchange shall not be subject to the approval of any other state 1396
department, office or agency, provided copies of all contracts of the 1397
exchange shall be maintained by the exchange as public records, subject 1398
to the proprietary rights of any party to the contract, except (A) as 1399
provided in chapter 62, and (B) any agreement with the Office of Health 1400
Strategy shall be subject to approval by said office and the Office of 1401
Policy and Management and no portion of such agreement shall be 1402
considered proprietary; 1403
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section Substitute Bill No. 1223
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Sec. 2 July 1, 2023 4e-1
Sec. 3 July 1, 2023 4e-2(g) and (h)
Sec. 4 July 1, 2023 4e-3(a)(2)
Sec. 5 July 1, 2023 4e-4
Sec. 6 July 1, 2023 4e-5(a) to (c)
Sec. 7 July 1, 2023 4e-7(a)
Sec. 8 July 1, 2023 4e-8
Sec. 9 July 1, 2023 4e-10(a)
Sec. 10 July 1, 2023 4e-14
Sec. 11 July 1, 2023 4e-16(c) and (d)
Sec. 12 July 1, 2023 4e-16(l)(2) to (4)
Sec. 13 July 1, 2023 4e-16(n)
Sec. 14 July 1, 2023 4e-16(p)
Sec. 15 July 1, 2023 4e-17
Sec. 16 July 1, 2023 4e-18
Sec. 17 July 1, 2023 4e-21(c)
Sec. 18 July 1, 2023 4e-24
Sec. 19 July 1, 2023 4b-51(d)
Sec. 20 July 1, 2023 4b-57(a)
Sec. 21 July 1, 2023 4b-91(g)
Sec. 22 July 1, 2023 4e-27
Sec. 23 July 1, 2023 4e-31
Sec. 24 July 1, 2023 4e-34
Sec. 25 July 1, 2023 4e-35
Sec. 26 July 1, 2023 4e-37(g) to (i)
Sec. 27 July 1, 2023 4e-38
Sec. 28 July 1, 2023 4e-40(2)
Sec. 29 July 1, 2023 4e-45
Sec. 30 July 1, 2023 4e-46
Sec. 31 July 1, 2023 4e-48(a)
Sec. 32 July 1, 2023 4e-72
Sec. 33 July 1, 2023 10a-255
Sec. 34 July 1, 2023 15-31b(a)(15)
Sec. 35 July 1, 2023 15-31b(b) and (c)
Sec. 36 July 1, 2023 10-357b(c)
Sec. 37 July 1, 2023 10a-196
Sec. 38 July 1, 2023 10a-204b(s)
Sec. 39 July 1, 2023 10a-243
Sec. 40 July 1, 2023 12-806(b)(16)
Sec. 41 July 1, 2023 12-815 Substitute Bill No. 1223
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Sec. 42 July 1, 2023 22a-268
Sec. 43 July 1, 2023 31-49h(14)
Sec. 44 July 1, 2023 38a-1083(13)
GAE Joint Favorable Subst.
APP Joint Favorable