Connecticut 2024 Regular Session

Connecticut Senate Bill SB00389 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2711 1 of 47
4	4
5	5	General Assembly Raised Bill No. 389
6	6	February Session, 2024
7	7	LCO No. 2711
8	8
9	9
10	10	Referred to Committee on GOVERNMENT ADMINISTRATION
11	11	AND ELECTIONS
12	12
13	13
14	14	Introduced by:
15	15	(GAE)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING THE STATE CONTRACTING STANDARDS
21	21	BOARD AND STATE PROCUREMENT.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. (NEW) (Effective from passage) (a) Notwithstanding any 1
26	26	provision of the general statutes, the appropriations recommended for 2
27	27	the State Contracting Standards Board shall be the estimates of 3
28	28	expenditure requirements transmitted to the Secretary of the Office of 4
29	29	Policy and Management by the executive director of the board and the 5
30	30	recommended adjustments and revisions of such estimates shall be the 6
31	31	recommended adjustments and revisions, if any, transmitted by said 7
32	32	executive director to the Office of Policy and Management. 8
33	33	(b) Notwithstanding any provision of the general statutes, the 9
34	34	Governor shall not reduce allotment requisitions or allotments in force 10
35	35	concerning the State Contracting Standards Board. 11
36	36	Sec. 2. Section 4e-1 of the 2024 supplement to the general statutes is 12
37	37	repealed and the following is substituted in lieu thereof (Effective July 1, 13
38	38	2024): 14 Raised Bill No. 389
39	39
40	40
41	41
42	42	LCO No. 2711 2 of 47
43	43
44	44	For the purposes of this section and sections [4e-1] 4e-2 to 4e-47, 15
45	45	inclusive, as amended by this act: 16
46	46	(1) "Best value selection" means a contract selection process in which 17
47	47	the award of a contract is based on a combination of quality, timeliness 18
48	48	and cost factors; 19
49	49	(2) "Bid" means an offer, submitted in response to an invitation to bid, 20
50	50	to furnish supplies, materials, equipment, construction or contractual 21
51	51	services to a state contracting agency under prescribed conditions at a 22
52	52	stated price; 23
53	53	(3) "Bidder" means a business submitting a bid in response to an 24
54	54	invitation to bid by a state contracting agency; 25
55	55	(4) "Business" means any individual or sole proprietorship, 26
56	56	partnership, firm, corporation, trust, limited liability company, limited 27
57	57	liability partnership, joint stock company, joint venture, association or 28
58	58	other legal entity through which business for profit or not-for-profit is 29
59	59	conducted; 30
60	60	(5) "Competitive bidding" means the submission of prices by a 31
61	61	business competing for a contract to provide supplies, materials, 32
62	62	equipment or contractual services to a state contracting agency, under a 33
63	63	procedure in which the contracting authority does not negotiate prices, 34
64	64	as set forth in statutes and regulations concerning procurement; 35
65	65	(6) "Consultant" means (A) any architect, professional engineer, 36
66	66	landscape architect, land surveyor, accountant, interior designer, 37
67	67	environmental professional or construction administrator, who is 38
68	68	registered or licensed to practice such person's profession in accordance 39
69	69	with the applicable provisions of the general statutes, (B) any planner or 40
70	70	any environmental, management or financial specialist, or (C) any 41
71	71	person who performs professional work in areas including, but not 42
72	72	limited to, educational services, medical services, information 43
73	73	technology and real estate appraisal; 44 Raised Bill No. 389
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75	75
76	76
77	77	LCO No. 2711 3 of 47
78	78
79	79	(7) "Consultant services" means those professional services rendered 45
80	80	by a consultant and any incidental services that a consultant and those 46
81	81	in the consultant's employ are authorized to perform; 47
82	82	(8) "Contract" [or "state contract"] means an agreement or a 48
83	83	combination or series of agreements between a state contracting agency 49
84	84	[or quasi-public agency] and a business for: 50
85	85	(A) A project for the construction, reconstruction, alteration, 51
86	86	remodeling, repair or demolition of any public building, public work, 52
87	87	mass transit, rail station, parking garage, rail track or airport; 53
88	88	(B) Services, including, but not limited to, consultant and professional 54
89	89	services; 55
90	90	(C) The acquisition or disposition of personal property; 56
91	91	(D) The provision of goods and services, including, but not limited 57
92	92	to, the use of purchase of services contracts and personal service 58
93	93	agreements; 59
94	94	(E) The provision of information technology, state agency 60
95	95	information system or telecommunication system facilities, equipment 61
96	96	or services; 62
97	97	(F) A lease; or 63
98	98	(G) A licensing agreement; 64
99	99	"Contract" [or "state contract"] does not include a contract between a 65
100	100	state contracting agency [or a quasi-public agency] and a political 66
101	101	subdivision of the state; 67
102	102	[(9) "Term contract" means the agreement reached when the state 68
103	103	accepts a bid or proposal to furnish supplies, materials, equipment or 69
104	104	contractual services at a stated price for a specific period of time in 70
105	105	response to an invitation to bid;] 71
106	106	[(10)] (9) "Contract risk assessment" means (A) the identification and 72 Raised Bill No. 389
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108	108
109	109
110	110	LCO No. 2711 4 of 47
111	111
112	112	evaluation of loss exposures and risks, including, but not limited to, 73
113	113	business and legal risks associated with the contracting process and the 74
114	114	contracted goods and services, and (B) the identification, evaluation and 75
115	115	implementation of measures available to minimize potential loss 76
116	116	exposures and risks; 77
117	117	[(11)] (10) "Contractor" means any business that is awarded, or is a 78
118	118	subcontractor under, a contract or an amendment to a contract with a 79
119	119	state contracting agency under statutes and regulations concerning 80
120	120	procurement, including, but not limited to, a small contractor, minority 81
121	121	business enterprise, an individual with a disability, as defined in section 82
122	122	4a-60, or an organization providing products and services by persons 83
123	123	with disabilities; 84
124	124	[(12)] (11) "Contractual services" means the furnishing of labor by a 85
125	125	contractor, not involving the delivery of a specific end product other 86
126	126	than reports, which are merely incidental to the required performance 87
127	127	and includes any and all laundry and cleaning service, pest control 88
128	128	service, janitorial service, security service, the rental and repair, or 89
129	129	maintenance, of equipment, machinery and other [state-owned] 90
130	130	personal property owned by a state contracting agency, advertising and 91
131	131	photostating, mimeographing, human services and other service 92
132	132	arrangements where the services are provided by persons other than 93
133	133	state employees or quasi-public agency employees. "Contractual 94
134	134	services" includes the design, development and implementation of 95
135	135	technology, communications or telecommunications systems or the 96
136	136	infrastructure pertaining thereto, including hardware and software and 97
137	137	services for which a contractor is conferred a benefit by the state, 98
138	138	whether or not compensated by the state. "Contractual services" does 99
139	139	not include employment agreements or collective bargaining 100
140	140	agreements; 101
141	141	[(13)] (12) "Data" means recorded information, regardless of form or 102
142	142	characteristic; 103
143	143	[(14)] (13) "Vote of two-thirds of the members of the board present 104 Raised Bill No. 389
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145	145
146	146
147	147	LCO No. 2711 5 of 47
148	148
149	149	and voting" means a vote by the State Contracting Standards Board that 105
150	150	is agreed upon by two-thirds of the members of the State Contracting 106
151	151	Standards Board present and voting for a particular purpose and that 107
152	152	includes the vote of one member of the board appointed by a legislative 108
153	153	leader; 109
154	154	[(15)] (14) "Electronic" means electrical, digital, magnetic, optical, 110
155	155	electromagnetic, or any other similar technology; 111
156	156	[(16)] (15) "Emergency procurement" means procurement by a state 112
157	157	contracting agency, [quasi-public agency, as defined in section 1-120,] 113
158	158	judicial department or constituent unit of higher education that is made 114
159	159	necessary by a sudden, unexpected occurrence that poses a clear and 115
160	160	imminent danger to public safety or requires immediate action to 116
161	161	prevent or mitigate the loss or impairment of life, health, property or 117
162	162	essential public services or in response to a court order, settlement 118
163	163	agreement or other similar legal judgment; 119
164	164	[(17)] (16) "Equipment" means personal property of a durable nature 120
165	165	that retains its identity throughout its useful life; 121
166	166	[(18)] (17) "Materials" means items required to perform a function or 122
167	167	used in a manufacturing process, particularly those incorporated into 123
168	168	an end product or consumed in its manufacture; 124
169	169	[(19)] (18) "Nonprofit agency" means any organization that is not a 125
170	170	for-profit business under Section 501(c)(3) of the Internal Revenue Code 126
171	171	of 1986, or any subsequent corresponding internal revenue code of the 127
172	172	United States, as amended from time to time, [amended,] makes no 128
173	173	distribution to its members, directors or officers and provides services 129
174	174	contracted for by (A) the state or a quasi-public agency, or (B) a nonstate 130
175	175	entity; 131
176	176	[(20)] (19) "Professional services" means any type of service to the 132
177	177	public that requires that members of a profession rendering such service 133
178	178	obtain a license or other legal authorization as a condition precedent to 134
179	179	the rendition thereof, including, but not limited to, the professional 135 Raised Bill No. 389
180	180
181	181
182	182
183	183	LCO No. 2711 6 of 47
184	184
185	185	services of architects, professional engineers, or jointly by architects and 136
186	186	professional engineers, landscape architects, certified public 137
187	187	accountants and public accountants, land surveyors, attorneys-at-law, 138
188	188	psychologists, licensed marital and family therapists, licensed 139
189	189	professional counselors and licensed clinical social workers as well as 140
190	190	such other professional services described in section 33-182a; 141
191	191	[(21)] (20) "Privatization contract" means an agreement or series of 142
192	192	agreements between a state contracting agency and a person or entity in 143
193	193	which such person or entity agrees to provide services that are 144
194	194	substantially similar to and in lieu of services provided, in whole or in 145
195	195	part, by state employees or quasi-public agency employees, other than 146
196	196	contracts with a nonprofit agency, which are in effect as of January 1, 147
197	197	2009, and which through a renewal, modification, extension or 148
198	198	rebidding of contracts continue to be provided by a nonprofit agency; 149
199	199	[(22)] (21) "Procurement" means contracting for, buying, purchasing, 150
200	200	renting, leasing or otherwise acquiring or disposing of, any supplies, 151
201	201	services, including but not limited to, contracts for purchase of services 152
202	202	and personal service agreements, interest in real property, or 153
203	203	construction, and includes all government functions that relate to such 154
204	204	activities, including best value selection and qualification based 155
205	205	selection; 156
206	206	[(23)] (22) "Proposer" means a business submitting a proposal to a 157
207	207	state contracting agency in response to a request for proposals or other 158
208	208	competitive sealed proposal; 159
209	209	[(24)] (23) "Public record" means a public record, as defined in section 160
210	210	1-200; 161
211	211	[(25)] (24) "Qualification based selection" means a contract selection 162
212	212	process in which the award of a contract is primarily based on an 163
213	213	assessment of contractor qualifications and on the negotiation of a fair 164
214	214	and reasonable price; 165
215	215	[(26)] (25) "Regulation" means regulation, as defined in section 4-166; 166 Raised Bill No. 389
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217	217
218	218
219	219	LCO No. 2711 7 of 47
220	220
221	221	[(27)] (26) "Request for proposals" means all documents, whether 167
222	222	attached or incorporated by reference, utilized for soliciting proposals; 168
223	223	[(28)] (27) "State contracting agency" means any executive branch 169
224	224	agency, board, commission, department, office, institution or council or 170
225	225	any quasi-public agency. "State contracting agency" does not include the 171
226	226	judicial branch, the legislative branch, the offices of the Secretary of the 172
227	227	State, the State Comptroller, the Attorney General, the State Treasurer, 173
228	228	with respect to their constitutional functions [,] or any state agency with 174
229	229	respect to contracts specific to the constitutional and statutory functions 175
230	230	of the office of the State Treasurer. For [the purposes of every provision 176
231	231	of this chapter other than section 4e-16, "state contracting agency" 177
232	232	includes the Connecticut Port Authority, for] the purposes of section 4e-178
233	233	16, as amended by this act, "state contracting agency" includes any 179
234	234	constituent unit of the state system of higher education and [for the 180
235	235	purposes of section 4e-19, "state contracting agency" includes the State 181
236	236	Education Resource Center, established under section 10-4q] The 182
237	237	University of Connecticut Health Center Finance Corporation; 183
238	238	[(29)] (28) "Subcontractor" means a subcontractor of a contractor for 184
239	239	work under a contract or an amendment to a contract; 185
240	240	[(30)] (29) "Supplies" means any and all articles of personal property, 186
241	241	including, but not limited to, equipment, materials, printing, insurance 187
242	242	and leases of real property, excluding land or a permanent interest in 188
243	243	land furnished to or used by any state contracting agency; 189
244	244	[(31)] (30) "Infrastructure facility" means a building, structure or 190
245	245	network of buildings, structures, pipes, controls and equipment that 191
246	246	provide transportation, utilities, public education or public safety 192
247	247	services. [Infrastructure facility] "Infrastructure facility" includes 193
248	248	government office buildings, public schools, jails, water treatment 194
249	249	plants, distribution systems and pumping stations, wastewater 195
250	250	treatment plants, collections systems and pumping stations, solid waste 196
251	251	disposal plants, incinerators, landfills, and related facilities, public roads 197
252	252	and streets, highways, public parking facilities, public transportation 198 Raised Bill No. 389
253	253
254	254
255	255
256	256	LCO No. 2711 8 of 47
257	257
258	258	systems, terminals and rolling stock, rail, air and water port structures, 199
259	259	terminals and equipment; [and] 200
260	260	[(32)] (31) "State employee" [means state employee, as defined] has 201
261	261	the same meaning as provided in section 5-154 and, for purposes of 202
262	262	section 4e-16, as amended by this act, [state employee] includes an 203
263	263	employee of any state contracting agency that is not a quasi-public 204
264	264	agency; and 205
265	265	(32) "Quasi-public agency" has the same meaning as provided in 206
266	266	section 1-120. 207
267	267	Sec. 3. Subsections (g) and (h) of section 4e-2 of the 2024 supplement 208
268	268	to the general statutes are repealed and the following is substituted in 209
269	269	lieu thereof (Effective July 1, 2024): 210
270	270	(g) The board shall appoint a Chief Procurement Officer for a term 211
271	271	not to exceed six years, unless reappointed pursuant to the provisions 212
272	272	of this subsection. The Chief Procurement Officer shall report to the 213
273	273	board and annually be evaluated by, and serve at the pleasure of, the 214
274	274	board. For administrative purposes only, the Chief Procurement Officer 215
275	275	shall be supervised by the executive director. 216
276	276	(1) The Chief Procurement Officer shall be responsible for carrying 217
277	277	out the policies of the board relating to procurement including, but not 218
278	278	limited to, oversight, investigation, auditing, agency procurement 219
279	279	certification and procurement and project management training and 220
280	280	enforcement of [said] such policies as well as the application of such 221
281	281	policies to the screening and evaluation of current and prospective 222
282	282	contractors. The Chief Procurement Officer may enter into such 223
283	283	contractual agreements as may be necessary for the discharge of the 224
284	284	duties as set forth in this subsection and by the board, including, but not 225
285	285	limited to, recommending best practices and providing operational and 226
286	286	administrative assistance to state agencies determined, by the board, to 227
287	287	be in violation of sections 4e-16 to 4e-47, inclusive, as amended by this 228
288	288	act. 229 Raised Bill No. 389
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291	291
292	292	LCO No. 2711 9 of 47
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294	294	(2) In addition to the duties set forth by the board, the Chief 230
295	295	Procurement Officer shall (A) oversee state contracting agency 231
296	296	compliance with the provisions of statutes and regulations concerning 232
297	297	procurement; (B) monitor and assess the performance of the 233
298	298	procurement duties of each agency procurement officer; (C) administer 234
299	299	the certification system and monitor the level of agency compliance with 235
300	300	the requirements of statutes and regulations concerning procurement, 236
301	301	including, but not limited to, the education and training, performance 237
302	302	and qualifications of agency procurement officers; (D) review and 238
303	303	monitor the procurement processes of each state contracting agency [, 239
304	304	quasi-public agencies] and institutions of higher education; and (E) 240
305	305	serve as chairperson of the Contracting Standards Advisory Council. 241
306	306	(h) The board may contract with consultants and professionals on a 242
307	307	temporary or project by project basis and [may] shall employ, subject to 243
308	308	the provisions of chapter 67, [such] not less than five full-time 244
309	309	employees and may employ additional employees as may be necessary 245
310	310	to carry out the provisions of this section. 246
311	311	Sec. 4. Subdivision (2) of subsection (a) of section 4e-3 of the general 247
312	312	statutes is repealed and the following is substituted in lieu thereof 248
313	313	(Effective July 1, 2024): 249
314	314	(2) Any state contracting agency's contracting and procurement 250
315	315	processes, including, but not limited to, leasing and property transfers, 251
316	316	purchasing or leasing of supplies, materials or equipment, consultant or 252
317	317	consultant services, purchase of service agreements or privatization 253
318	318	contracts; and 254
319	319	Sec. 5. Section 4e-4 of the general statutes is repealed and the 255
320	320	following is substituted in lieu thereof (Effective July 1, 2024): 256
321	321	Except as otherwise provided in the general statutes, the board shall 257
322	322	have the following authority and responsibilities with respect to 258
323	323	procurements by state contracting agencies: 259
324	324	[(a) Recommend] (1) To recommend the repeal of repetitive, 260 Raised Bill No. 389
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326	326
327	327
328	328	LCO No. 2711 10 of 47
329	329
330	330	conflicting or obsolete statutes concerning [state] procurement; 261
331	331	[(b) Review] (2) To review and make recommendations concerning 262
332	332	proposed legislation and regulations concerning procurement, 263
333	333	management, control, and disposal of any and all supplies, services, and 264
334	334	construction to be procured by [the] state contracting agencies, 265
335	335	including, but not limited to: 266
336	336	[(1)] (A) Conditions and procedures for delegation of procurement 267
337	337	authority; 268
338	338	[(2)] (B) Prequalification, suspension, debarment and reinstatement 269
339	339	of prospective bidders and contractors; 270
340	340	[(3)] (C) Small purchase procedures; 271
341	341	[(4)] (D) Conditions and procedures for the procurement of 272
342	342	perishables and items for resale; 273
343	343	[(5)] (E) Conditions and procedures for the use of source selection 274
344	344	methods authorized by statutes and regulations concerning 275
345	345	procurement; 276
346	346	[(6)] (F) Conditions and procedures for the use of emergency 277
347	347	procurements; 278
348	348	[(7)] (G) Conditions and procedures for the selection of contractors by 279
349	349	processes or methods that restrict full and open competition; 280
350	350	[(8)] (H) The opening or rejection of bids and offers, and waiver of 281
351	351	errors in bids and offers; 282
352	352	[(9)] (I) Confidentiality of technical data and trade secrets submitted 283
353	353	by actual or prospective bidders; 284
354	354	[(10)] (J) Partial, progressive and multiple awards; 285
355	355	[(11)] (K) Supervision of storerooms and inventories, including 286
356	356	determination of appropriate stock levels and the management, 287 Raised Bill No. 389
357	357
358	358
359	359
360	360	LCO No. 2711 11 of 47
361	361
362	362	transfer, sale or other disposal of publicly-owned supplies; 288
363	363	[(12)] (L) Definitions and classes of contractual services and 289
364	364	procedures for acquiring such services; 290
365	365	[(13)] (M) Regulations providing for conducting cost and price 291
366	366	analysis; 292
367	367	[(14)] (N) Use of payment and performance bonds; 293
368	368	[(15)] (O) Guidelines for use of cost principles in negotiations, 294
369	369	adjustments and settlements; and 295
370	370	[(16)] (P) Identification of procurement best practices; 296
371	371	[(c) Adopt] (3) To adopt regulations, pursuant to the provisions of 297
372	372	chapter 54, to carry out the provisions of statutes concerning 298
373	373	procurement, in order to facilitate consistent application of the law and 299
374	374	require the implementation of procurement best practices; 300
375	375	[(d) Make] (4) To make recommendations with regard to information 301
376	376	systems for state contracting agency procurement including, but not 302
377	377	limited to, data element and design and the State Contracting Portal; 303
378	378	[(e) Develop] (5) To develop a guide [to] of state statutes and 304
379	379	regulations concerning procurement, for use by all state contracting 305
380	380	agencies; 306
381	381	[(f) Assist] (6) To assist state contracting agencies in complying with 307
382	382	the statutes and regulations concerning procurement by providing 308
383	383	guidance, models, advice and practical assistance to state contracting 309
384	384	agency staff relating to: [(1)] (A) Buying the best service at the best price, 310
385	385	[(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 311
386	386	that achieve state goals of accountability, transparency and results 312
387	387	based outcomes and to protect taxpayers' interest; 313
388	388	[(g) Train] (7) To train and oversee the agency procurement officer of 314
389	389	each state contracting agency and any contracting officers thereunder; 315 Raised Bill No. 389
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391	391
392	392
393	393	LCO No. 2711 12 of 47
394	394
395	395	[(h) Review] (8) To review and certify, on or after January 1, 2009, that 316
396	396	a state contracting agency's procurement processes are in compliance 317
397	397	with statutes and regulations concerning procurement by: 318
398	398	[(1)] (A) Establishing procurement and project management 319
399	399	education and training criteria and certification procedures for agency 320
400	400	procurement officers and contracting officers. All agency procurement 321
401	401	officers and contracting officers designated under this provision shall be 322
402	402	required to maintain the certification in good standing at all times while 323
403	403	performing procurement functions; 324
404	404	[(2)] (B) Approving an ethics training course, in consultation with the 325
405	405	Office of State Ethics, including, but not limited to, state employees and 326
406	406	quasi-public agency employees involved in procurement and for state 327
407	407	contractors and substantial subcontractors who are prequalified 328
408	408	pursuant to chapter 58a. Such ethics training course may be developed 329
409	409	and provided by the Office of State Ethics or by any person, firm or 330
410	410	corporation provided such course is approved by the State Contracting 331
411	411	Standards Board; 332
412	412	[(i) Recertify] (9) To recertify each state contracting agency's 333
413	413	procurement processes, triennially, and provide agencies with notice of 334
414	414	any certification deficiency and exercise those powers authorized by 335
415	415	section 4e-34, as amended by this act, 4e-39 or 4e-40, as amended by this 336
416	416	act, as applicable, if a determination of noncompliance is made; 337
417	417	[(j) Define] (10) To define the contract data reporting requirements to 338
418	418	the board for state contracting agencies concerning information on: [(1)] 339
419	419	(A) The number and type of [state] contracts of each state contracting 340
420	420	agency currently in effect state-wide; [(2)] (B) the term and dollar value 341
421	421	of such contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description 342
422	422	of services purchased under such contracts; [(5)] (E) contractor names; 343
423	423	[(6)] (F) an evaluation of contractor performance, including, but not 344
424	424	limited to records pertaining to the suspension or disqualification of 345
425	425	contractors, and assuring such information is available on the State 346
426	426	Contracting Portal; and [(7)] (G) a list of contracts and contractors 347 Raised Bill No. 389
427	427
428	428
429	429
430	430	LCO No. 2711 13 of 47
431	431
432	432	awarded without full and open competition stating the reasons [for] 348
433	433	therefor and identifying the approving authority; and 349
434	434	[(k) Provide] (11) To provide the Governor and the joint standing 350
435	435	committee of the General Assembly having cognizance of matters 351
436	436	relating to government administration with recommendations 352
437	437	concerning the statutes and regulations concerning procurement. 353
438	438	Sec. 6. Subsections (a) to (c), inclusive, of section 4e-5 of the general 354
439	439	statutes are repealed and the following is substituted in lieu thereof 355
440	440	(Effective July 1, 2024): 356
441	441	(a) (1) The head of each state contracting agency shall appoint an 357
442	442	agency procurement officer. Such officer shall serve as the liaison 358
443	443	between the agency and the Chief Procurement Officer on all matters 359
444	444	relating to the agency's procurement activity, including, but not limited 360
445	445	to, implementation and compliance with the provisions of statutes and 361
446	446	regulations concerning procurement and any policies or regulations 362
447	447	adopted by the board, coordination of the training and education of 363
448	448	agency procurement employees and any person serving on the 364
449	449	Contracting Standards Advisory Council; 365
450	450	(2) The agency procurement officer shall be responsible for [assuring] 366
451	451	(A) ensuring that any invitation to bid, request for proposals or any 367
452	452	other solicitation for goods and services issued on or after July 1, 2024, 368
453	453	contains a notice of the rights of prospective bidders, proposers or 369
454	454	prospective contractors under sections 4e-36, 4e-39 and 4e-40, as 370
455	455	amended by this act, (B) ensuring that contractors are properly screened 371
456	456	prior to the award of a contract, (C) ensuring that contractors are 372
457	457	advised of their rights under sections 4e-36, 4e-39 and 4e-40, as amended 373
458	458	by this act, prior to entering into a contract on or after July 1, 2024, (D) 374
459	459	ensuring that, upon the award of such a contract, unsuccessful bidders, 375
460	460	proposers or respondents are advised of their rights under sections 4e-376
461	461	36, 4e-39 and 4e-40, as amended by this act, (E) evaluating contractor 377
462	462	performance during and at the conclusion of a contract, (F) submitting 378
463	463	written evaluations to a central data repository to be designated by the 379 Raised Bill No. 389
464	464
465	465
466	466
467	467	LCO No. 2711 14 of 47
468	468
469	469	board, and (G) creating a project management plan for the agency with 380
470	470	annual reports to the board pertaining to procurement projects within 381
471	471	the agency. 382
472	472	(b) The State Contracting Standards Board, with the advice and 383
473	473	assistance of the Commissioner of Administrative Services, shall 384
474	474	develop a standardized state procurement and project management 385
475	475	education and training program. Such education and training program 386
476	476	shall develop education, training and professional development 387
477	477	opportunities for employees of state contracting agencies charged with 388
478	478	procurement responsibilities. The education and training program shall 389
479	479	educate such employees in general business acumen and on proper 390
480	480	purchasing procedures as established in statutes and regulations 391
481	481	concerning procurement with an emphasis on ethics, fairness, 392
482	482	consistency and project management. Participation in the education and 393
483	483	training program shall be required of any supervisory and 394
484	484	nonsupervisory [state] employees in state contracting agencies with 395
485	485	responsibility for buying, purchasing, renting, leasing or otherwise 396
486	486	acquiring any supplies, service or construction, including the 397
487	487	preparation of the description of requirements, selection and solicitation 398
488	488	of sources, preparation and award of contracts and all phases of contract 399
489	489	administration. 400
490	490	(c) The education and training program shall include, but shall not be 401
491	491	limited to (1) training and education concerning federal, state and 402
492	492	municipal procurement processes, including the statutes and 403
493	493	regulations concerning procurement; (2) training and education courses 404
494	494	developed in cooperation with the Office of State Ethics, the Freedom of 405
495	495	Information Commission, the State Elections Enforcement Commission, 406
496	496	the Commission on Human Rights and Opportunities, the office of the 407
497	497	Attorney General and any other state agency the board determines is 408
498	498	necessary in carrying out statutes and regulations concerning 409
499	499	procurement; (3) providing technical assistance to state contracting 410
500	500	agencies and municipalities for implementing statutes and regulations 411
501	501	concerning procurement, regulations, policies and standards developed 412
502	502	by the board; (4) training to current and prospective contractors and 413 Raised Bill No. 389
503	503
504	504
505	505
506	506	LCO No. 2711 15 of 47
507	507
508	508	vendors and others seeking to do business with [the] state contracting 414
509	509	agencies; and (5) training and education of state employees and quasi-415
510	510	public agency employees in the area of best procurement practices in 416
511	511	[state] purchasing with the goal of achieving the level of acumen 417
512	512	necessary to achieve the objectives of statutes and regulations 418
513	513	concerning procurement. 419
514	514	Sec. 7. Subsection (a) of section 4e-7 of the general statutes is repealed 420
515	515	and the following is substituted in lieu thereof (Effective July 1, 2024): 421
516	516	(a) For cause, the State Contracting Standards Board may review, 422
517	517	terminate or recommend to a state contracting agency the termination 423
518	518	of any contract or procurement agreement undertaken by any state 424
519	519	contracting agency after providing fifteen days' notice to the state 425
520	520	contracting agency and the applicable contractor, and consulting with 426
521	521	the Attorney General. Such termination of a contract or procurement 427
522	522	agreement by the board may occur only after (1) the board has consulted 428
523	523	with the state contracting agency to determine the impact of an 429
524	524	immediate termination of the contract, (2) a determination has been 430
525	525	made jointly by the board and the state contracting agency that an 431
526	526	immediate termination of the contract will not create imminent peril to 432
527	527	the public health, safety or welfare, (3) a vote of two-thirds of the 433
528	528	members of the board present and voting for that purpose, and (4) the 434
529	529	board has provided the state contracting agency and the contractor with 435
530	530	opportunity for a hearing conducted pursuant to the provisions of 436
531	531	chapter 54. Such action shall be accompanied by notice to the state 437
532	532	contracting agency and any other affected party. For the purpose of this 438
533	533	section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as 439
534	534	determined by the Citizen's Ethics Advisory Board; (B) wanton or 440
535	535	reckless disregard of any state or quasi-public agency contracting and 441
536	536	procurement process by any person substantially involved in such 442
537	537	contract or state contracting agency; or (C) notification from the 443
538	538	Attorney General to the state contracting agency that an investigation 444
539	539	pursuant to section 4-61dd has concluded that the process by which 445
540	540	such contract was awarded was compromised by fraud, collusion or any 446
541	541	other criminal violation. Nothing in this section shall be construed to 447 Raised Bill No. 389
542	542
543	543
544	544
545	545	LCO No. 2711 16 of 47
546	546
547	547	limit the authority of the board as described in section 4e-6. 448
548	548	Sec. 8. Section 4e-8 of the general statutes is repealed and the 449
549	549	following is substituted in lieu thereof (Effective July 1, 2024): 450
550	550	There is established a Contracting Standards Advisory Council, 451
551	551	which shall consist of representatives from the Office of Policy and 452
552	552	Management, Departments of Administrative Services and 453
553	553	Transportation, [and] representatives of at least three additional state 454
554	554	contracting agencies that are not quasi-public agencies, including at 455
555	555	least one human services related state agency, to be designated by the 456
556	556	Governor, and at least four additional state contracting agencies that are 457
557	557	quasi-public agencies, two to be appointed by the speaker of the House 458
558	558	of Representatives and two to be appointed by the president pro 459
559	559	tempore of the Senate. The Chief Procurement Officer shall be a member 460
560	560	of the council and serve as chairperson. The advisory council shall meet 461
561	561	at least four times per year to discuss [state] procurement issues and to 462
562	562	make recommendations for improvement of the procurement processes 463
563	563	to the State Contracting Standards Board. The advisory council may 464
564	564	conduct studies, research and analyses and make reports and 465
565	565	recommendations with respect to subjects or matters within the 466
566	566	jurisdiction of the State Contracting Standards Board. 467
567	567	Sec. 9. Subsection (a) of section 4e-10 of the general statutes is 468
568	568	repealed and the following is substituted in lieu thereof (Effective July 1, 469
569	569	2024): 470
570	570	(a) On or before July 1, 2010, the board shall submit to the Governor 471
571	571	and the General Assembly such legislation as is necessary to permit state 472
572	572	contracting agencies, not including [quasi-publics] quasi-public 473
573	573	agencies, institutions of higher education, and municipal procurement 474
574	574	processes utilizing state funds, to carry out their functions under 475
575	575	statutes and regulations concerning procurement. 476
576	576	Sec. 10. Section 4e-14 of the general statutes is repealed and the 477
577	577	following is substituted in lieu thereof (Effective July 1, 2024): 478 Raised Bill No. 389
578	578
579	579
580	580
581	581	LCO No. 2711 17 of 47
582	582
583	583	On and after June 1, 2010, all [state] contracts of each state contracting 479
584	584	agency that is not a quasi-public agency that take effect on or after June 480
585	585	1, 2010, shall contain provisions to ensure accountability, transparency 481
586	586	and [results based] results-based outcomes, as prescribed by the State 482
587	587	Contracting Standards Board. On and after June 1, 2010, all state 483
588	588	contracts of the legislative branch and the judicial branch that take effect 484
589	589	on or after June 1, 2010, shall contain provisions to ensure 485
590	590	accountability, transparency and [results based] results-based 486
591	591	outcomes. On and after July 1, 2024, all contracts of each state 487
592	592	contracting agency that is a quasi-public agency that take effect on or 488
593	593	after July 1, 2024, shall contain provisions to ensure accountability, 489
594	594	transparency and results-based outcomes. 490
595	595	Sec. 11. Subsections (c) and (d) of section 4e-16 of the general statutes 491
596	596	are repealed and the following is substituted in lieu thereof (Effective July 492
597	597	1, 2024): 493
598	598	(c) (1) If such cost-benefit analysis identifies a cost savings to the state 494
599	599	contracting agency of ten per cent or more, and such privatization 495
600	600	contract will not diminish the quality of such service, the state 496
601	601	contracting agency shall develop a business case, in accordance with the 497
602	602	provisions of subsection (d) of this section, in order to evaluate the 498
603	603	feasibility of entering into any such contract and to identify the potential 499
604	604	results, effectiveness and efficiency of such contract. 500
605	605	(2) If such cost-benefit analysis identifies a cost savings of less than 501
606	606	ten per cent to the state contracting agency and such privatization 502
607	607	contract will not diminish the quality of such service, the state 503
608	608	contracting agency may develop a business case, in accordance with the 504
609	609	provisions of subsection (d) of this section, in order to evaluate the 505
610	610	feasibility of entering into any such contract and to identify the potential 506
611	611	results, effectiveness and efficiency of such contract, provided there is a 507
612	612	significant public policy reason to enter into such privatization contract. 508
613	613	Any such business case shall be approved in accordance with the 509
614	614	provisions of subdivision (4) of subsection (h) of this section. 510 Raised Bill No. 389
615	615
616	616
617	617
618	618	LCO No. 2711 18 of 47
619	619
620	620	(3) If any such proposed privatization contract would result in the 511
621	621	layoff, transfer or reassignment of [one hundred] ten or more state 512
622	622	contracting agency employees, after consulting with the potentially 513
623	623	affected bargaining units, if any, the state contracting agency shall notify 514
624	624	the state employees or quasi-public agency employees of such 515
625	625	bargaining unit, as applicable, after such cost-benefit analysis is 516
626	626	completed. Such state contracting agency shall provide an opportunity 517
627	627	for [said] such employees to reduce the costs of conducting the 518
628	628	operations to be privatized and provide reasonable resources for the 519
629	629	purpose of encouraging and assisting such [state] employees to organize 520
630	630	and submit a bid to provide the services that are the subject of the 521
631	631	potential privatization contract. The state contracting agency shall retain 522
632	632	sole discretion in determining whether to proceed with the privatization 523
633	633	contract, provided the business case for such contract is approved by the 524
634	634	board. 525
635	635	(d) Any business case developed by a state contracting agency for the 526
636	636	purpose of complying with subsection (c) of this section shall include: 527
637	637	(1) The cost-benefit analysis as described in subsection (b) of this section, 528
638	638	(2) a detailed description of the service or activity that is the subject of 529
639	639	such business case, (3) a description and analysis of the state contracting 530
640	640	agency's current performance of such service or activity, (4) the goals to 531
641	641	be achieved through the proposed privatization contract and the 532
642	642	rationale for such goals, (5) a description of available options for 533
643	643	achieving such goals, (6) an analysis of the advantages and 534
644	644	disadvantages of each option, including, at a minimum, potential 535
645	645	performance improvements and risks attendant to termination of the 536
646	646	contract or rescission of such contract, (7) an analysis of the potential 537
647	647	impact of the proposed privatization contract on workers of color and 538
648	648	workers who are women, including whether such privatization contract 539
649	649	will lessen or increase historical patterns that produce inequities 540
650	650	between such workers and other workers, (8) a description of the 541
651	651	current market for the services or activities that are the subject of such 542
652	652	business case, [(8)] (9) an analysis of the quality of services as gauged by 543
653	653	standardized measures and key performance requirements including 544 Raised Bill No. 389
654	654
655	655
656	656
657	657	LCO No. 2711 19 of 47
658	658
659	659	compensation, turnover, and staffing ratios, [(9)] (10) a description of 545
660	660	the specific results-based performance standards that shall, at a 546
661	661	minimum be met, to ensure adequate performance by any party 547
662	662	performing such service or activity, [(10)] (11) the projected time frame 548
663	663	for key events from the beginning of the procurement process through 549
664	664	the expiration of a contract, if applicable, [(11)] (12) a specific and 550
665	665	feasible contingency plan that addresses contractor nonperformance 551
666	666	and a description of the tasks involved in and costs required for 552
667	667	implementation of such plan, and [(12)] (13) a transition plan, if 553
668	668	appropriate, for addressing changes in the number of agency personnel, 554
669	669	affected business processes, employee transition issues, and 555
670	670	communications with affected stakeholders, such as agency clients and 556
671	671	members of the public, if applicable. Such transition plan shall contain 557
672	672	a reemployment and retraining assistance plan for employees who are 558
673	673	not retained by the state or quasi-public agency or employed by the 559
674	674	contractor. If the primary purpose of the proposed privatization 560
675	675	contract is to provide a core governmental function, such business case 561
676	676	shall also include information sufficient to rebut the presumption that 562
677	677	such core governmental function should not be privatized. Such 563
678	678	presumption shall not be construed to prohibit a state contracting 564
679	679	agency from contracting for specialized technical expertise not available 565
680	680	within such agency, provided such agency shall retain responsibility for 566
681	681	such core governmental function. For the purposes of this section, "core 567
682	682	governmental function" means a function for which the primary 568
683	683	purpose is (A) the inspection for adherence to health and safety 569
684	684	standards because public health or safety may be jeopardized if such 570
685	685	inspection is not done or is not done in a timely or proper manner, (B) 571
686	686	the establishment of statutory, regulatory or contractual standards to 572
687	687	which a regulated person, entity or state contractor shall be held, (C) the 573
688	688	enforcement of statutory, regulatory or contractual requirements 574
689	689	governing public health or safety, [or] (D) criminal or civil law 575
690	690	enforcement, or (E) the provision of essential human services to 576
691	691	residents of the state who would otherwise lack the support necessary 577
692	692	to assure basic human needs. If any part of such business case is based 578
693	693	upon evidence that the state contracting agency is not sufficiently 579 Raised Bill No. 389
694	694
695	695
696	696
697	697	LCO No. 2711 20 of 47
698	698
699	699	staffed to provide the core governmental function required by the 580
700	700	privatization contract, the state contracting agency shall also include 581
701	701	within such business case a plan for remediation of the understaffing to 582
702	702	allow such services to be provided directly by the state contracting 583
703	703	agency in the future. 584
704	704	Sec. 12. Subdivisions (2) to (4), inclusive, of subsection (l) of section 585
705	705	4e-16 of the general statutes are repealed and the following is 586
706	706	substituted in lieu thereof (Effective July 1, 2024): 587
707	707	(2) If such cost-benefit analysis identifies a ten per cent or more cost 588
708	708	savings to the state contracting agency from the use of such 589
709	709	privatization contract and such contract does not diminish the quality 590
710	710	of the service provided, such state contracting agency shall develop a 591
711	711	business case for the renewal of such privatization contract in 592
712	712	accordance with the provisions of subsections (d) and (e) of this section. 593
713	713	The board shall review such contract in accordance with the provisions 594
714	714	of subsections (f) to (h), inclusive, of this section and may approve such 595
715	715	renewal by the applicable vote of the board, provided any such renewal 596
716	716	that is estimated to cost in excess of one hundred fifty million dollars 597
717	717	annually or six hundred million dollars or more over the life of the 598
718	718	contract shall also be approved by the General Assembly prior to the 599
719	719	state contracting agency renewing such contract. If such renewal is 600
720	720	approved by the board and the General Assembly, if applicable, the 601
721	721	provisions of subsection (j) of this section shall apply to any proposed 602
722	722	amendment to such contract. 603
723	723	(3) If such cost-benefit analysis identifies a cost savings to the state 604
724	724	contracting agency of less than ten per cent, such state contracting 605
725	725	agency shall prepare a plan to have such service provided by state 606
726	726	employees, [and] or, in the case of a state contracting agency that is a 607
727	727	quasi-public agency, by the employees of the quasi-public agency, and 608
728	728	shall begin to implement such plan, provided: (A) While such plan is 609
729	729	prepared, but prior to implementation of such plan, such state 610
730	730	contracting agency may develop a business case for such privatization 611
731	731	contract, in accordance with the provisions of subsection (d) of this 612 Raised Bill No. 389
732	732
733	733
734	734
735	735	LCO No. 2711 21 of 47
736	736
737	737	section, that achieves a cost savings to the state of ten per cent or more. 613
738	738	Any such business case shall be reviewed by the board in accordance 614
739	739	with the provisions of subsections (f) to (h), inclusive, of this section, and 615
740	740	may be approved by the applicable vote of the board; (B) such 616
741	741	privatization contract shall not be renewed with the vendor currently 617
742	742	providing such service unless: (i) There exists a significant public 618
743	743	interest in renewing such contract, and (ii) such renewal is approved by 619
744	744	a two-thirds vote of the board; (C) the state contracting agency may 620
745	745	enter into a contract with a term of one year or less for the provision of 621
746	746	such service until such state contracting agency implements such plan; 622
747	747	and (D) the procedure for the transfer of funds from the General Fund, 623
748	748	as described in section 4-94, may be utilized to allocate necessary 624
749	749	resources for the implementation of the provisions of this subdivision. 625
750	750	(4) Notwithstanding the provisions of subdivision (3) of this 626
751	751	subsection, the renewal of a privatization contract with a nonprofit 627
752	752	organization shall not be denied if the cost of increasing compensation 628
753	753	to employees performing the privatized service is the sole cause for such 629
754	754	contract not achieving a cost savings to the state contracting agency of 630
755	755	ten per cent or more. 631
756	756	Sec. 13. Subsection (n) of section 4e-16 of the general statutes is 632
757	757	repealed and the following is substituted in lieu thereof (Effective July 1, 633
758	758	2024): 634
759	759	(n) The State Contracting Standards Board, in consultation with the 635
760	760	Department of Administrative Services, shall: (1) Recommend and 636
761	761	implement standards and procedures for state contracting agencies to 637
762	762	develop business cases in connection with privatization contracts, 638
763	763	including templates for use by state contracting agencies when 639
764	764	submitting business cases to the board, and policies and procedures to 640
765	765	guide state contracting agencies to complete such business cases, and (2) 641
766	766	develop guidelines and procedures for assisting state employees or 642
767	767	quasi-public agency employees whose jobs are affected by a 643
768	768	privatization contract. 644 Raised Bill No. 389
769	769
770	770
771	771
772	772	LCO No. 2711 22 of 47
773	773
774	774	Sec. 14. Subsection (p) of section 4e-16 of the general statutes is 645
775	775	repealed and the following is substituted in lieu thereof (Effective July 1, 646
776	776	2024): 647
777	777	(p) Prior to entering into or renewing any privatization contract that 648
778	778	is not subject to the provisions of subsection (a) of this section, the state 649
779	779	contracting agency shall evaluate such contract to determine if entering 650
780	780	into or renewing such contract is the most cost-effective method of 651
781	781	delivering the service, by determining the costs, as defined in subsection 652
782	782	(b) of this section, of such service. The state contracting agency shall 653
783	783	perform such evaluation in accordance with a template prescribed by 654
784	784	the Secretary of the Office of Policy and Management, in consultation 655
785	785	with the board, pursuant to subsection (m) of this section, and such 656
786	786	evaluation shall be subject to verification by the [secretary] board. The 657
787	787	[secretary] board may waive the requirement for an evaluation of cost-658
788	788	effectiveness under this subsection upon a finding by the [secretary] 659
789	789	board that exigent or emergent circumstances necessitate such waiver. 660
790	790	Sec. 15. Section 4e-17 of the general statutes is repealed and the 661
791	791	following is substituted in lieu thereof (Effective July 1, 2024): 662
792	792	(a) Except as otherwise provided, the provisions of sections 4e-16 to 663
793	793	4e-47, inclusive, as amended by this act, shall apply to all contracts 664
794	794	solicited or entered into by [state contracting agencies] a state 665
795	795	contracting agency that is a state agency after June 1, 2010, and all 666
796	796	contracts solicited or entered into by a state contracting agency that is a 667
797	797	quasi-public agency on or after July 1, 2024. 668
798	798	(b) Except as otherwise provided, the provisions of sections 4e-16 to 669
799	799	4e-47, inclusive, as amended by this act, shall apply to every 670
800	800	expenditure of public funds by any state contracting agency, 671
801	801	irrespective of their source, involving any state contracting agency 672
802	802	contracting and procurement processes, including, but not limited to, 673
803	803	leasing and property transfers, purchasing or leasing of supplies, 674
804	804	materials or equipment, consultant or consultant services, personal 675
805	805	service agreements, purchase of service agreements or privatization 676 Raised Bill No. 389
806	806
807	807
808	808
809	809	LCO No. 2711 23 of 47
810	810
811	811	contracts, as defined in section 4e-1, as amended by this act, and, 677
812	812	relating to contracts for the construction, reconstruction, alteration, 678
813	813	remodeling, repair or demolition of any public building, bridge or road. 679
814	814	(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 680
815	815	act, shall be construed to require the application of procurement statutes 681
816	816	or regulations to a procurement that involves the expenditure of federal 682
817	817	assistance or federal contract funds if federal law provides procurement 683
818	818	procedures applicable to the expenditure of such funds, to the extent 684
819	819	such federal procedures are inconsistent with state procurement 685
820	820	statutes or regulations. 686
821	821	Sec. 16. Section 4e-18 of the general statutes is repealed and the 687
822	822	following is substituted in lieu thereof (Effective July 1, 2024): 688
823	823	For the purpose of obtaining supplies, materials, equipment or 689
824	824	contractual services, except infrastructure facilities, the Commissioner 690
825	825	of Administrative Services shall establish a requisition system to be used 691
826	826	by state contracting agencies that are not quasi-public agencies to 692
827	827	initiate and authorize the procurement process. Such system shall be 693
828	828	approved by the State Contracting Standards Board. 694
829	829	Sec. 17. Subsection (c) of section 4e-21 of the general statutes is 695
830	830	repealed and the following is substituted in lieu thereof (Effective July 1, 696
831	831	2024): 697
832	832	(c) The State Contracting Standards Board, in consultation with the 698
833	833	Commissioner of Administrative Services, may waive the requirement 699
834	834	of competitive bidding or competitive negotiation in the case of minor, 700
835	835	nonrecurring or emergency purchases of ten thousand dollars or less in 701
836	836	amount, upon application of the state contracting agency. Any state 702
837	837	contracting agency that obtains such a waiver for such an emergency 703
838	838	purchase shall post notice of such emergency purchase on the Internet 704
839	839	web site of the state contracting agency prior to making such emergency 705
840	840	purchase. 706
841	841	Sec. 18. Section 4e-24 of the general statutes is repealed and the 707 Raised Bill No. 389
842	842
843	843
844	844
845	845	LCO No. 2711 24 of 47
846	846
847	847	following is substituted in lieu thereof (Effective July 1, 2024): 708
848	848	[Not later than June 1, 2010, the State Contracting Standards Board, 709
849	849	in consultation with the Commissioner of Administrative Services and 710
850	850	any other appropriate award authority, shall adopt regulations, in 711
851	851	accordance with the provisions of chapter 54, permitting] (a) If an 712
852	852	emergency [procurements when there exists] procurement is deemed 713
853	853	necessary by a state contracting agency due to a threat to public health, 714
854	854	welfare or safety, the state contracting agency shall give notice to the 715
855	855	board of the need for such emergency procurement. Such emergency 716
856	856	[procurements] procurement shall be made with competition, as is 717
857	857	practicable under the circumstances. [Said regulations shall require that] 718
858	858	The state contracting agency shall (1) include a written determination of 719
859	859	the basis for the emergency and for the selection of the particular 720
860	860	contractor [be included] in the contract file and [transmitted] transmit 721
861	861	such determination to the Governor, the president pro tempore of the 722
862	862	Senate, the majority and minority leaders of the Senate, the speaker of 723
863	863	the House of Representatives and the majority and minority leaders of 724
864	864	the House of Representatives, and (2) post such determination on the 725
865	865	Internet web site of the state contracting agency. 726
866	866	(b) The State Contracting Standards Board may adopt regulations in 727
867	867	accordance with the provisions of chapter 54 to implement the 728
868	868	provisions of this section. 729
869	869	Sec. 19. Subsection (e) of section 4b-51 of the 2024 supplement to the 730
870	870	general statutes is repealed and the following is substituted in lieu 731
871	871	thereof (Effective July 1, 2024): 732
872	872	(e) (1) Notwithstanding any provision of the general statutes, the 733
873	873	Commissioner of Administrative Services may select consultants to be 734
874	874	on a list established for the purpose of providing any consultant 735
875	875	services. Such list shall be established as provided in sections 4b-56 and 736
876	876	4b-57, as amended by this act. [The] In the case of an emergency 737
877	877	procurement due to a threat to public health, welfare or safety, the 738
878	878	commissioner may enter into a contract with any consultant on such list 739 Raised Bill No. 389
879	879
880	880
881	881
882	882	LCO No. 2711 25 of 47
883	883
884	884	without inviting responses from such consultants to perform a range of 740
885	885	consultant services or to perform a range of tasks pursuant to a task 741
886	886	letter detailing services to be performed under such contract. 742
887	887	(2) Notwithstanding any provision of the general statutes, the 743
888	888	Commissioner of Administrative Services may (A) compile a list of 744
889	889	architects, professional engineers and construction administrators for 745
890	890	the limited purpose of providing consultant services for a particular 746
891	891	program involving various projects for the construction of new 747
892	892	buildings or renovations to existing buildings where such buildings are 748
893	893	under the operation and control of either the Military Department or the 749
894	894	Department of Energy and Environmental Protection, and (B) in the case 750
895	895	of an emergency procurement due to a threat to public health, welfare 751
896	896	or safety, enter into a contract with any architect, professional engineer 752
897	897	or construction administrator on such list for such limited purpose, 753
898	898	except that the Adjutant General may perform the functions described 754
899	899	in subparagraphs (A) and (B) of this subdivision for any such building 755
900	900	under the operation and control of the Military Department. 756
901	901	(3) As used in this subsection, "consultant" means "consultant" as 757
902	902	defined in section 4b-55, "consultant services" means "consultant 758
903	903	services" as defined in section 4b-55, and "program" means multiple 759
904	904	projects involving the planning, design, construction, repair, 760
905	905	improvement or expansion of specified buildings, facilities or site 761
906	906	improvements, wherein the work (A) will be of a repetitive nature, (B) 762
907	907	will share a common funding source that imposes particular 763
908	908	requirements, or (C) would be significantly facilitated if completed by 764
909	909	the same design professional or construction administrator. 765
910	910	Sec. 20. Subsection (a) of section 4b-57 of the 2024 supplement to the 766
911	911	general statutes is repealed and the following is substituted in lieu 767
912	912	thereof (Effective July 1, 2024): 768
913	913	(a) Whenever consultant services are required by the commissioner 769
914	914	in fulfilling the responsibilities under section 4b-1, and in the case of 770
915	915	each project, the commissioner shall invite responses from such firms by 771 Raised Bill No. 389
916	916
917	917
918	918
919	919	LCO No. 2711 26 of 47
920	920
921	921	posting notice on the State Contracting Portal, except that, in the case of 772
922	922	an emergency procurement, the commissioner may receive consultant 773
923	923	services under a contract entered into pursuant to subsection (e) of 774
924	924	section 4b-51, as amended by this act. The commissioner shall prescribe, 775
925	925	by regulations adopted in accordance with chapter 54, the advance 776
926	926	notice required for, the manner of submission, and conditions and 777
927	927	requirements of, such responses. 778
928	928	Sec. 21. Subsection (g) of section 4b-91 of the 2024 supplement to the 779
929	929	general statutes is repealed and the following is substituted in lieu 780
930	930	thereof (Effective July 1, 2024): 781
931	931	(g) Notwithstanding the provisions of this chapter regarding 782
932	932	competitive bidding procedures, in the case of an emergency 783
933	933	procurement due to a threat to public health, welfare or safety, the 784
934	934	commissioner may select and interview at least three responsible and 785
935	935	qualified general contractors who are prequalified pursuant to section 786
936	936	4a-100 and submit the three selected contractors to the construction 787
937	937	services award panels process described in section 4b-100a and any 788
938	938	regulation adopted by the commissioner. The commissioner may 789
939	939	negotiate with the successful bidder a contract which is both fair and 790
940	940	reasonable to the state for a community court project, the downtown 791
941	941	Hartford higher education center project, a correctional facility project, 792
942	942	a juvenile residential center project, or a student residential facility for 793
943	943	the Connecticut State University System that is a priority higher 794
944	944	education facility project. The Commissioner of Administrative 795
945	945	Services, prior to entering any such contract or performing any work on 796
946	946	such project, shall submit such contract to the State Properties Review 797
947	947	Board for review and approval or disapproval by the board, pursuant 798
948	948	to subsection (i) of this section. Any general contractor awarded a 799
949	949	contract pursuant to this subsection shall be subject to the same 800
950	950	requirements concerning the furnishing of bonds as a contractor 801
951	951	awarded a contract pursuant to subsection (b) of this section. 802
952	952	Sec. 22. Section 4e-27 of the general statutes is repealed and the 803
953	953	following is substituted in lieu thereof (Effective July 1, 2024): 804 Raised Bill No. 389
954	954
955	955
956	956
957	957	LCO No. 2711 27 of 47
958	958
959	959	Not later than June 1, 2010, the State Contracting Standards Board, in 805
960	960	consultation with the Attorney General, shall adopt regulations, in 806
961	961	accordance with the provisions of chapter 54, specifying the types of 807
962	962	contracts that may be used by state contracting agencies. Such 808
963	963	regulations shall specify that a cost-reimbursement contract may be 809
964	964	used only when a determination is made in writing by the agency 810
965	965	procurement officer that such contract is likely to be less costly to the 811
966	966	state contracting agency than any other type or that it is impracticable 812
967	967	to obtain the supplies, services or construction required except under 813
968	968	such a contract. 814
969	969	Sec. 23. Section 4e-31 of the general statutes is repealed and the 815
970	970	following is substituted in lieu thereof (Effective July 1, 2024): 816
971	971	When, for any reason, collusion or other anticompetitive practices are 817
972	972	suspected among any bidders or proposers for [a state] the contract of a 818
973	973	state contracting agency, a notice of the relevant facts shall be 819
974	974	transmitted to the Attorney General by any affected party, including, 820
975	975	but not limited to, the state contracting agency, a bidder or a proposer. 821
976	976	Sec. 24. Section 4e-34 of the general statutes is repealed and the 822
977	977	following is substituted in lieu thereof (Effective July 1, 2024): 823
978	978	(a) After reasonable notice and hearing and consultation with the 824
979	979	relevant state contracting agency and the Attorney General, the State 825
980	980	Contracting Standards Board, acting through a subcommittee of three 826
981	981	members, appointed by the chairperson, which subcommittee shall 827
982	982	include not less than one legislative appointee, may disqualify any 828
983	983	contractor, bidder or proposer, for a period of not more than five years, 829
984	984	from bidding on, applying for or participating as a contractor or 830
985	985	subcontractor under, contracts with [the] state or quasi-public agencies. 831
986	986	Such disqualification shall be upon the vote of two-thirds of the 832
987	987	members of the subcommittee present and voting for that purpose. Such 833
988	988	hearing shall be conducted in accordance with the provisions of chapter 834
989	989	54. The subcommittee shall issue a written recommendation not later 835
990	990	than sixty days after the conclusion of such hearing, and shall state the 836 Raised Bill No. 389
991	991
992	992
993	993
994	994	LCO No. 2711 28 of 47
995	995
996	996	reason for the recommended action and, if the disqualification is 837
997	997	recommended, the period of time the contractor, bidder or proposer 838
998	998	shall be disqualified. In determining whether to disqualify a contractor, 839
999	999	bidder or proposer, the subcommittee shall consider the seriousness of 840
1000	1000	the acts or omissions of the contractor, bidder or proposer and any 841
1001	1001	mitigating factors. Such recommendation shall be submitted to the 842
1002	1002	board for action and sent to the contractor by certified mail, return 843
1003	1003	receipt requested. If disqualification is recommended, the contractor 844
1004	1004	shall have thirty days to submit comments to the board. Upon receipt of 845
1005	1005	the proposed recommendation by the subcommittee, the board shall 846
1006	1006	issue a written decision either adopting, rejecting or modifying the 847
1007	1007	subcommittee's recommendation. Such decision shall be issued not later 848
1008	1008	than thirty days after receipt by the board of the contractor's comments, 849
1009	1009	if any. The board shall send the decision to the contractor by certified 850
1010	1010	mail, return receipt requested. The written decision shall be a final 851
1011	1011	decision for purposes of sections 4-180 and 4-183. 852
1012	1012	(b) Causes for such disqualification shall include the following: 853
1013	1013	(1) Conviction of, or entry of a plea of guilty or nolo contendere or 854
1014	1014	admission to, the commission of a criminal offense as an incident to 855
1015	1015	obtaining or attempting to obtain a public or private contract or 856
1016	1016	subcontract, or in the performance of such contract or subcontract; 857
1017	1017	(2) Conviction of, or entry of a plea of guilty or nolo contendere or 858
1018	1018	admission to, the violation of any state or federal law for embezzlement, 859
1019	1019	theft, forgery, bribery, falsification or destruction of records, receiving 860
1020	1020	stolen property or any other offense indicating a lack of business 861
1021	1021	integrity or business honesty which affects responsibility as a [state] 862
1022	1022	contractor; 863
1023	1023	(3) Conviction of, or entry of a plea of guilty or nolo contendere or 864
1024	1024	admission to, a violation of any state or federal antitrust, collusion or 865
1025	1025	conspiracy law arising out of the submission of bids or proposals on a 866
1026	1026	public or private contract or subcontract; 867
1027	1027	(4) Accumulation of two or more suspensions pursuant to section 4e-868 Raised Bill No. 389
1028	1028
1029	1029
1030	1030
1031	1031	LCO No. 2711 29 of 47
1032	1032
1033	1033	35, as amended by this act, within a twenty-four-month period; 869
1034	1034	(5) A wilful, negligent or reckless failure to perform in accordance 870
1035	1035	with the terms of one or more contracts or subcontracts, agreements or 871
1036	1036	transactions with state contracting agencies; 872
1037	1037	(6) A history of failure to perform or of unsatisfactory performance 873
1038	1038	on one or more public contracts, agreements or transactions with state 874
1039	1039	contracting agencies; 875
1040	1040	(7) A wilful violation of a statutory or regulatory provision or 876
1041	1041	requirement applicable to a contract, agreement or transaction with 877
1042	1042	state contracting agencies; 878
1043	1043	(8) A wilful or egregious violation of the ethical standards set forth in 879
1044	1044	sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 880
1045	1045	Advisory Board; or 881
1046	1046	(9) Any other cause or conduct the board determines to be so serious 882
1047	1047	and compelling as to affect responsibility as a [state] contractor, 883
1048	1048	including, but not limited to: 884
1049	1049	(A) Disqualification by another state for cause; 885
1050	1050	(B) The fraudulent or criminal conduct of any officer, director, 886
1051	1051	shareholder, partner, employee or other individual associated with a 887
1052	1052	contractor, bidder or proposer of such contractor, bidder or proposer, 888
1053	1053	provided such conduct occurred in connection with the individual's 889
1054	1054	performance of duties for or on behalf of such contractor, bidder or 890
1055	1055	proposer or for another contractor, bidder or proposer in another state 891
1056	1056	and [such] the contractor, bidder or proposer of this state knew or had 892
1057	1057	reason to know of such conduct; 893
1058	1058	(C) The existence of an informal or formal business relationship with 894
1059	1059	a contractor who has been disqualified from bidding or proposing on 895
1060	1060	[state] contracts of any state contracting agency. 896
1061	1061	(c) Upon written request by the affected [state] contractor, bidder or 897 Raised Bill No. 389
1062	1062
1063	1063
1064	1064
1065	1065	LCO No. 2711 30 of 47
1066	1066
1067	1067	proposer, the State Contracting Standards Board may reduce the period 898
1068	1068	or extent of disqualification for a contractor, bidder or proposer if 899
1069	1069	documentation supporting any of the following reasons for 900
1070	1070	modification is provided to the board by the contractor, bidder or 901
1071	1071	proposer: 902
1072	1072	(1) Newly discovered material evidence; 903
1073	1073	(2) Reversal of the conviction upon which the disqualification was 904
1074	1074	based; 905
1075	1075	(3) Bona fide change in ownership or management; or 906
1076	1076	(4) Elimination of other causes for which the disqualification was 907
1077	1077	imposed. 908
1078	1078	Sec. 25. Section 4e-35 of the general statutes is repealed and the 909
1079	1079	following is substituted in lieu thereof (Effective July 1, 2024): 910
1080	1080	(a) For purposes of this section and sections 4e-37, as amended by this 911
1081	1081	act, and 4e-38, as amended by this act, "contracting agency of the state" 912
1082	1082	does not include a quasi-public agency. After reasonable notice and a 913
1083	1083	hearing, conducted in accordance with the provisions of chapter 54, the 914
1084	1084	department head of any [state] contracting agency of the state may 915
1085	1085	suspend any contractor, bidder or proposer for a period of not more 916
1086	1086	than six months from bidding on, applying for or performing work as a 917
1087	1087	contractor or subcontractor under, contracts with the state. The 918
1088	1088	department head shall issue a written decision not later than ninety days 919
1089	1089	after the conclusion of such hearing and state in the decision the reasons 920
1090	1090	for the action taken and, if the contractor, bidder or proposer is being 921
1091	1091	suspended, the period of such suspension. In determining whether to 922
1092	1092	suspend a contractor, bidder or proposer, the department head shall 923
1093	1093	consider the seriousness of the acts or omissions of the contractor, 924
1094	1094	bidder or proposer and any mitigating factors. The department head 925
1095	1095	shall send such decision to the contractor and the State Contracting 926
1096	1096	Standards Board by certified mail, return receipt requested. Such 927
1097	1097	decision shall be a final decision for purposes of sections 4-180 and 4-928 Raised Bill No. 389
1098	1098
1099	1099
1100	1100
1101	1101	LCO No. 2711 31 of 47
1102	1102
1103	1103	183. 929
1104	1104	(b) Causes for such suspension shall include the following: 930
1105	1105	(1) Failure without good cause to perform in accordance with 931
1106	1106	specifications or within the time limits provided in the contract; 932
1107	1107	(2) A record of failure to perform or of unsatisfactory performance in 933
1108	1108	accordance with the terms of one or more contracts, provided failure to 934
1109	1109	perform or unsatisfactory performance caused by acts beyond the 935
1110	1110	control of the contractor shall not be considered to be a basis for 936
1111	1111	suspension; 937
1112	1112	(3) Any cause the complainant [state] contracting agency of the state 938
1113	1113	determines to be so serious and compelling as to affect the responsibility 939
1114	1114	of a state contractor, including suspension by another [state] contracting 940
1115	1115	agency of the state for cause; or 941
1116	1116	(4) A violation of the ethical standards set forth in section 1-84, 1-86e 942
1117	1117	or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 943
1118	1118	(c) The State Contracting Standards Board may grant an exception 944
1119	1119	permitting a suspended contractor to participate in a particular contract 945
1120	1120	or subcontract upon a written determination by the board that there is 946
1121	1121	good cause for such exception and that such exception is in the best 947
1122	1122	interest of the state. 948
1123	1123	(d) The department head of each [state] contracting agency of the 949
1124	1124	state shall conduct reviews of contractors and shall file reports 950
1125	1125	pertaining to any of the reasons set forth in this section that may be the 951
1126	1126	basis for disqualification. 952
1127	1127	Sec. 26. Subsections (g) to (i), inclusive, of section 4e-37 of the general 953
1128	1128	statutes are repealed and the following is substituted in lieu thereof 954
1129	1129	(Effective July 1, 2024): 955
1130	1130	(g) In the event that the appeals review subcommittee or the board 956
1131	1131	determines that a procedural violation occurred, or that allegations of 957 Raised Bill No. 389
1132	1132
1133	1133
1134	1134
1135	1135	LCO No. 2711 32 of 47
1136	1136
1137	1137	an unauthorized or unwarranted, noncompetitive selection process 958
1138	1138	have been substantiated, the board shall direct the [state] contracting 959
1139	1139	agency of the state to take corrective action not later than thirty days 960
1140	1140	after the date of the subcommittee's or board's decision, as applicable. 961
1141	1141	(h) In the event such appeal is found to be frivolous by the appeals 962
1142	1142	review subcommittee or the full board, such frivolous appeal may serve 963
1143	1143	as a basis for disqualification pursuant to section 4e-34, as amended by 964
1144	1144	this act. 965
1145	1145	(i) Any three members of the board may request a full board review 966
1146	1146	of any contract deliberation or award process of a [state] contracting 967
1147	1147	agency of the state. 968
1148	1148	Sec. 27. Section 4e-38 of the general statutes is repealed and the 969
1149	1149	following is substituted in lieu thereof (Effective July 1, 2024): 970
1150	1150	The State Contracting Standards Board shall issue a decision in 971
1151	1151	writing or take other appropriate action on each appeal submitted 972
1152	1152	pursuant to section 4e-37, as amended by this act. A copy of any decision 973
1153	1153	shall be provided to all parties, the department head of the [state] 974
1154	1154	contracting agency of the state and the Chief Procurement Officer. 975
1155	1155	Sec. 28. Subdivision (2) of section 4e-40 of the general statutes is 976
1156	1156	repealed and the following is substituted in lieu thereof (Effective July 1, 977
1157	1157	2024): 978
1158	1158	(2) If the person awarded the contract acted in bad faith: 979
1159	1159	(A) The contract may be declared null and void; or 980
1160	1160	(B) The contract may be ratified and affirmed if such action is in the 981
1161	1161	best interests of the state, as determined by the State Contracting 982
1162	1162	Standards Board, in writing, without prejudice to the [state's] state 983
1163	1163	contracting agency's right to such damages as may be appropriate. 984
1164	1164	Sec. 29. Section 4e-45 of the general statutes is repealed and the 985
1165	1165	following is substituted in lieu thereof (Effective July 1, 2024): 986 Raised Bill No. 389
1166	1166
1167	1167
1168	1168
1169	1169	LCO No. 2711 33 of 47
1170	1170
1171	1171	With respect to infrastructure facilities, not later than June 1, 2010, the 987
1172	1172	State Contracting Standards Board, in consultation with the state 988
1173	1173	contracting agencies and the Attorney General, shall adopt regulations, 989
1174	1174	in accordance with the provisions of chapter 54, requiring the inclusion 990
1175	1175	in [state] contracts with any state contracting agency of clauses 991
1176	1176	providing for adjustments in prices, time of performance, remedies, 992
1177	1177	termination or other contract provisions necessary to protect the 993
1178	1178	interests of the state. 994
1179	1179	Sec. 30. Section 4e-46 of the general statutes is repealed and the 995
1180	1180	following is substituted in lieu thereof (Effective July 1, 2024): 996
1181	1181	Not later than June 1, 2010, the State Contracting Standards Board 997
1182	1182	shall adopt regulations, in accordance with the provisions of chapter 54, 998
1183	1183	concerning the procedure and circumstances under which a state 999
1184	1184	contracting agency may allow contract modification, change order, or 1000
1185	1185	contract price adjustment under a construction contract with the state 1001
1186	1186	contracting agency in excess of fifty thousand dollars. Such regulations 1002
1187	1187	shall require that every contract modification, change order or contract 1003
1188	1188	price adjustment under a construction contract with the state 1004
1189	1189	contracting agency in excess of fifty thousand dollars shall be subject to 1005
1190	1190	prior written certification by the fiscal officer of the state contracting 1006
1191	1191	agency or other agency responsible for funding the project or the 1007
1192	1192	contract, or other official responsible for monitoring and reporting upon 1008
1193	1193	the status of the costs of the total project budget or contract budget, as 1009
1194	1194	to the effect of the contract modification, change order, or adjustment in 1010
1195	1195	contract price on the total project budget or the total contract budget. 1011
1196	1196	Such regulations shall further provide that in the event the certification 1012
1197	1197	of the fiscal officer or other responsible official discloses a resulting 1013
1198	1198	increase in the total project budget or the total contract budget, the 1014
1199	1199	agency procurement officer shall not execute or make such contract 1015
1200	1200	modification, change order, or adjustment in contract price unless 1016
1201	1201	sufficient funds are available or the scope of the project or contract is 1017
1202	1202	adjusted so as to permit the degree of completion that is feasible within 1018
1203	1203	the total project budget or total contract budget as it existed prior to the 1019
1204	1204	contract modification, change order, or adjustment in contract price 1020 Raised Bill No. 389
1205	1205
1206	1206
1207	1207
1208	1208	LCO No. 2711 34 of 47
1209	1209
1210	1210	under consideration provided, with respect to the validity, as to the 1021
1211	1211	contractor, of any executed contract modification, change order, or 1022
1212	1212	adjustment in contract price which the contractor has reasonably relied 1023
1213	1213	upon, it shall be presumed that there has been compliance with the 1024
1214	1214	provisions of this section. 1025
1215	1215	Sec. 31. Subsection (a) of section 4e-48 of the general statutes is 1026
1216	1216	repealed and the following is substituted in lieu thereof (Effective July 1, 1027
1217	1217	2024): 1028
1218	1218	(a) For the purposes of this section, "nonresident bidder" means a 1029
1219	1219	business that is not a resident of the state that submits a bid in response 1030
1220	1220	to an invitation to bid by a state contracting agency, "resident bidder" 1031
1221	1221	means a business that submits a bid in response to an invitation to bid 1032
1222	1222	by a state contracting agency and that has paid unemployment taxes or 1033
1223	1223	income taxes in this state during the twelve calendar months 1034
1224	1224	immediately preceding submission of such bid, has a business address 1035
1225	1225	in the state and has affirmatively claimed such status in the bid 1036
1226	1226	submission, and "contract" [means "contract" as defined in section 4e-1 1037
1227	1227	and "state contracting agency" means] and "state contracting agency" [, 1038
1228	1228	as defined] have the same meanings as provided in section 4e-1, as 1039
1229	1229	amended by this act. 1040
1230	1230	Sec. 32. Section 4e-72 of the general statutes is repealed and the 1041
1231	1231	following is substituted in lieu thereof (Effective July 1, 2024): 1042
1232	1232	As used in this section, "contract", "state contracting agency", "data" 1043
1233	1233	and "contractor" have the same meanings as provided in section 4e-1, as 1044
1234	1234	amended by this act. Any contract between a state contracting agency 1045
1235	1235	and a contractor that is entered into, renewed or amended on or after 1046
1236	1236	October 1, 2021, or, in the case of a state contracting agency that is a 1047
1237	1237	quasi-public agency, entered into, renewed or amended on or after July 1048
1238	1238	1, 2024, shall contain a provision authorizing the state contracting 1049
1239	1239	agency to access any data concerning such contract that is in the 1050
1240	1240	possession or control of the contractor upon demand in a format 1051
1241	1241	prescribed by the state contracting agency at no additional cost to such 1052 Raised Bill No. 389
1242	1242
1243	1243
1244	1244
1245	1245	LCO No. 2711 35 of 47
1246	1246
1247	1247	agency. 1053
1248	1248	Sec. 33. Section 10a-255 of the general statutes is repealed and the 1054
1249	1249	following is substituted in lieu thereof (Effective July 1, 2024): 1055
1250	1250	(a) To accomplish the purposes of sections 10a-250 to 10a-263, 1056
1251	1251	inclusive, the corporation may enter into joint ventures or shared service 1057
1252	1252	agreements to procure hospital facilities and to contract for services 1058
1253	1253	necessary or useful in connection with the procurement of hospital 1059
1254	1254	facilities. The corporation shall establish and adopt specific policies, 1060
1255	1255	rules and procedures on purchasing and contracting. Such policies, 1061
1256	1256	rules and procedures shall be approved by a two-thirds vote of its full 1062
1257	1257	board of directors. The corporation shall conduct its contracting and 1063
1258	1258	purchasing operations in accordance with such policies, rules and 1064
1259	1259	procedures. Notwithstanding any other provision of law to the contrary, 1065
1260	1260	the corporation may enter into joint ventures or shared service 1066
1261	1261	agreements and may procure hospital facilities and contract for any 1067
1262	1262	services necessary or useful in connection with such procurement either 1068
1263	1263	(1) pursuant to a process of open or competitive bidding, provided that 1069
1264	1264	(A) the corporation may determine the format, contents and scope of 1070
1265	1265	any joint venture or shared service agreement or any procurement of 1071
1266	1266	hospital facilities, and services in connection with such procurement, 1072
1267	1267	the conditions under which bidding shall take place and the schedule 1073
1268	1268	and stipulations for contract award, and (B) the corporation may select 1074
1269	1269	the contractor deemed to have submitted the most favorable bid, price 1075
1270	1270	and other factors considered, when, in the judgment of the corporation, 1076
1271	1271	such award is in the best interests of the hospital, or (2) if the 1077
1272	1272	corporation, in its discretion, determines that, due to the nature of the 1078
1273	1273	joint venture or shared service agreement or hospital facilities to be 1079
1274	1274	contracted for or procured, open or public bidding is either 1080
1275	1275	impracticable or not in the best interests of the hospital, through 1081
1276	1276	negotiation with such person or persons as the corporation may 1082
1277	1277	determine. The terms and conditions of joint ventures or shared service 1083
1278	1278	agreements or contracts for hospital facilities shall be determined by the 1084
1279	1279	corporation, as shall the fees or other compensation to be paid to such 1085
1280	1280	persons under such joint venture, shared service agreement or contract, 1086 Raised Bill No. 389
1281	1281
1282	1282
1283	1283
1284	1284	LCO No. 2711 36 of 47
1285	1285
1286	1286	provided any contract for construction by the corporation or a 1087
1287	1287	subsidiary of a hospital facility shall be subject to the provisions of 1088
1288	1288	section 31-53 and any joint venture agreement or shared service 1089
1289	1289	agreement of the corporation shall contain a neutrality clause signed by 1090
1290	1290	all parties to such joint venture agreement or shared service agreement 1091
1291	1291	prohibiting employer interference by such parties in union organizing 1092
1292	1292	and education campaigns, prohibiting discrimination in hiring based on 1093
1293	1293	past union activity and prohibiting harassment of employees engaged 1094
1294	1294	in labor organizing, all in compliance with section 31-104 and section 31-1095
1295	1295	105. The joint venture, shared service agreement or contracts entered 1096
1296	1296	into by the corporation shall not be subject to the approval of any state 1097
1297	1297	department, office or agency other than as provided in this section. 1098
1298	1298	Copies of all contracts of the corporation shall be maintained by the 1099
1299	1299	corporation at its offices as public records, subject to the exemption 1100
1300	1300	provided in subsection (i) of section 10a-253. Nothing in this subsection 1101
1301	1301	shall be deemed to restrict the discretion of the corporation to utilize its 1102
1302	1302	own staff and workforce for the performance of any of its assigned 1103
1303	1303	responsibilities and functions whenever, in the discretion of the 1104
1304	1304	corporation, it becomes necessary, convenient or desirable to do so. 1105
1305	1305	(b) Subject to the restrictions of subdivision (15) of section 10a-254 the 1106
1306	1306	corporation may contract with the hospital to provide services for the 1107
1307	1307	hospital through joint ventures or shared service agreements or to 1108
1308	1308	provide hospital facilities for the hospital, to provide insurance for the 1109
1309	1309	hospital as provided in section 10a-256 and to contract for claims 1110
1310	1310	management services, or to otherwise make hospital facilities or services 1111
1311	1311	provided by joint ventures or shared service agreements available for 1112
1312	1312	the hospital. For the hospital to enter into any contract for such services 1113
1313	1313	or hospital facilities or insurance or claims management services with 1114
1314	1314	the corporation, to pay any reasonable fees and charges established by 1115
1315	1315	the corporation for such services or hospital facilities or to pledge 1116
1316	1316	payment from any moneys made available by the state to the hospital 1117
1317	1317	including, but not limited to, resources of the hospital fund established 1118
1318	1318	and administered pursuant to sections 10a-127 and 10a-128, other funds 1119
1319	1319	of the state and proceeds of financings by the state for the payment of 1120 Raised Bill No. 389
1320	1320
1321	1321
1322	1322
1323	1323	LCO No. 2711 37 of 47
1324	1324
1325	1325	such fees and charges, it shall have the authorization of the Board of 1121
1326	1326	Trustees of The University of Connecticut. Such authorization shall be 1122
1327	1327	given by adoption of a resolution at a regularly or specially noticed 1123
1328	1328	meeting of said board of trustees. Any fees and charges so established 1124
1329	1329	shall be deemed to be direct expenses of the hospital for which the 1125
1330	1330	resources of the hospital fund may be used pursuant to section 10a-127 1126
1331	1331	and the State Treasurer is authorized to make payments of such fees and 1127
1332	1332	charges upon warrants issued by the State Comptroller, upon the order 1128
1333	1333	of authorized officers of The University of Connecticut, pursuant to such 1129
1334	1334	a resolution. The provisions of section 4a-57 and any provision of law 1130
1335	1335	relating to contract approval other than sections 10a-250 to 10a-263, 1131
1336	1336	inclusive, shall not apply to such contracts between the hospital and the 1132
1337	1337	corporation. Any such contract or contracts shall be upon such terms 1133
1338	1338	and conditions as the corporation and the hospital shall determine to be 1134
1339	1339	reasonable including, but not limited to, the reimbursement of all costs 1135
1340	1340	of planning, financing, acquisition, construction, operation and 1136
1341	1341	maintenance, and any claims arising therefrom. All payments of fees 1137
1342	1342	and charges required under any contract or agreement entered into 1138
1343	1343	pursuant to the provisions of this section are considered expenditures 1139
1344	1344	for public purposes by the state. Any contract between the hospital and 1140
1345	1345	the corporation that provides for the procurement by the corporation of 1141
1346	1346	hospital facilities or services as authorized by sections 10a-250 to 10a-1142
1347	1347	263, inclusive, shall provide that the hospital shall be required to pay, 1143
1348	1348	through service, lease, rental or installment sale payments for such 1144
1349	1349	hospital facilities or services, all project costs of such hospital facilities 1145
1350	1350	or services at such times and in such amounts as determined by the 1146
1351	1351	corporation and the hospital. Any such contract between the hospital 1147
1352	1352	and the corporation may contain provisions as to: (1) Pledging or 1148
1353	1353	assigning any part of moneys and revenues, including reimbursement 1149
1354	1354	allowances, derived by the hospital or the corporation, to secure 1150
1355	1355	payments required by such contract; (2) setting aside reserves and 1151
1356	1356	creating special funds and the disposition thereof; (3) defining the acts 1152
1357	1357	or omissions to act which shall constitute a default in the obligations and 1153
1358	1358	duties of the hospital or the corporation and providing for the rights and 1154
1359	1359	remedies of the hospital and the corporation in the event of such default; 1155 Raised Bill No. 389
1360	1360
1361	1361
1362	1362
1363	1363	LCO No. 2711 38 of 47
1364	1364
1365	1365	(4) any other matters which may be deemed necessary or desirable by 1156
1366	1366	the corporation to properly carry out its corporate purposes. 1157
1367	1367	(c) Any joint venture, shared service agreement or contract entered 1158
1368	1368	into by the corporation, or any of its subsidiaries under this section, shall 1159
1369	1369	comply with the applicable provisions of section 4e-16, as amended by 1160
1370	1370	this act, and shall be subject to the jurisdiction of the State Contracting 1161
1371	1371	Standards Board to the same extent as a constituent unit of higher 1162
1372	1372	education. 1163
1373	1373	Sec. 34. Subdivision (15) of section 15-31b of the 2024 supplement to 1164
1374	1374	the general statutes is repealed and the following is substituted in lieu 1165
1375	1375	thereof (Effective July 1, 2024): 1166
1376	1376	(15) Invest in, acquire, lease, purchase, own, manage, hold and 1167
1377	1377	dispose of real property and lease, convey or deal in or enter into 1168
1378	1378	agreements with respect to such property on any terms necessary or 1169
1379	1379	incidental to carrying out the purposes of sections 15-31a to 15-31i, 1170
1380	1380	inclusive, provided such transactions shall not be subject to approval, 1171
1381	1381	review or regulation by any state agency pursuant to title 4b or any other 1172
1382	1382	provision of the general statutes, except (A) the authority shall not 1173
1383	1383	convey fee simple ownership in any property associated with the ports 1174
1384	1384	or harbors under its jurisdiction and control without the approval of the 1175
1385	1385	State Properties Review Board and the Attorney General, and (B) as 1176
1386	1386	provided in [subsection (c) of this section] chapter 62; and 1177
1387	1387	Sec. 35. Subsections (b) and (c) of section 15-31b of the 2024 1178
1388	1388	supplement to the general statutes are repealed and the following is 1179
1389	1389	substituted in lieu thereof (Effective July 1, 2024): 1180
1390	1390	(b) The authority shall continue as long as it has bonds or other 1181
1391	1391	obligations outstanding and until its existence is terminated by law, 1182
1392	1392	provided no such termination shall affect any outstanding contractual 1183
1393	1393	obligation of the authority and the state shall succeed to the obligations 1184
1394	1394	of the authority under any contract. Upon the termination of the 1185
1395	1395	existence of the authority, all its rights and properties shall pass to and 1186
1396	1396	be vested in the state of Connecticut. 1187 Raised Bill No. 389
1397	1397
1398	1398
1399	1399
1400	1400	LCO No. 2711 39 of 47
1401	1401
1402	1402	[(c) On and after June 23, 2021, the authority shall be a state 1188
1403	1403	contracting agency for the purposes of chapter 62, except for the 1189
1404	1404	provisions of section 4e-16, and shall be subject to the authority of the 1190
1405	1405	State Contracting Standards Board established under section 4e-2.] 1191
1406	1406	Sec. 36. Section 10a-196 of the general statutes is repealed and the 1192
1407	1407	following is substituted in lieu thereof (Effective July 1, 2024): 1193
1408	1408	Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1194
1409	1409	complete, additional and alternative method for the doing of the things 1195
1410	1410	authorized thereby, and shall be regarded as supplemental and 1196
1411	1411	additional to powers conferred by other laws; provided the issuance of 1197
1412	1412	bonds and refunding bonds under the provisions of this chapter need 1198
1413	1413	not comply with the requirements of any other law applicable to the 1199
1414	1414	issuance of bonds including, particularly, title 42a; and provided in the 1200
1415	1415	construction and acquisition of a project pursuant hereto the authority 1201
1416	1416	need not comply with the requirements of chapter 50. Except as 1202
1417	1417	otherwise expressly provided in this chapter and the provisions of 1203
1418	1418	chapter 62 concerning state contracting agencies, none of the powers 1204
1419	1419	granted to the authority under the provisions of this chapter shall be 1205
1420	1420	subject to the supervision or regulation or require the approval or 1206
1421	1421	consent of any municipality or political subdivision or any commission, 1207
1422	1422	board, body, bureau, official or agency thereof or of the state. 1208
1423	1423	Sec. 37. Subsection (s) of section 10a-204b of the general statutes is 1209
1424	1424	repealed and the following is substituted in lieu thereof (Effective July 1, 1210
1425	1425	2024): 1211
1426	1426	(s) The provisions of this section shall be deemed to provide a 1212
1427	1427	complete, additional and alternative method for the actions and the 1213
1428	1428	things authorized thereby and shall be regarded as supplemental and 1214
1429	1429	additional to powers granted by other laws; the issuance of bonds, notes 1215
1430	1430	or other obligations under the provisions of this section need not comply 1216
1431	1431	with the requirements of any law applicable to the issuance of bonds, 1217
1432	1432	notes or other obligations. This section, being necessary for the welfare 1218
1433	1433	of the state and its inhabitants, shall be liberally construed to affect its 1219 Raised Bill No. 389
1434	1434
1435	1435
1436	1436
1437	1437	LCO No. 2711 40 of 47
1438	1438
1439	1439	purpose. None of the powers granted to the corporation or to any 1220
1440	1440	subsidiary created pursuant to subdivision (5) of section 10a-204 under 1221
1441	1441	the provisions of this section shall be subject to the supervision or 1222
1442	1442	regulation or require the approval or consent of any municipality or 1223
1443	1443	political subdivision or any department, division, commission, board, 1224
1444	1444	body, bureau, official or agency thereof or of the state, and the exercise 1225
1445	1445	thereof shall not cause the corporation or any such subsidiary to be 1226
1446	1446	construed to be an agency within the scope of chapter 54 or a 1227
1447	1447	department, institution or agency of the state, except that the 1228
1448	1448	corporation or any such subsidiary shall comply with the provisions of 1229
1449	1449	chapter 62 concerning state contracting agencies. 1230
1450	1450	Sec. 38. Section 10a-243 of the general statutes is repealed and the 1231
1451	1451	following is substituted in lieu thereof (Effective July 1, 2024): 1232
1452	1452	The provisions of this chapter shall be deemed to provide a complete, 1233
1453	1453	additional and alternative method for the actions of the things 1234
1454	1454	authorized thereby and shall be regarded as supplemental and 1235
1455	1455	additional to powers granted by other laws; the issuance of revenue 1236
1456	1456	bonds or notes and revenue refunding bonds or notes under the 1237
1457	1457	provisions of this chapter need not comply with the requirements of any 1238
1458	1458	other law applicable to the issuance of bonds or notes. This chapter, 1239
1459	1459	being necessary for the welfare of the state and its inhabitants, shall be 1240
1460	1460	liberally construed to effect its purpose. Except as otherwise expressly 1241
1461	1461	provided in this chapter and the provisions of chapter 62 concerning 1242
1462	1462	state contracting agencies, none of the powers granted to the authority 1243
1463	1463	under the provisions of this chapter shall be subject to the supervision 1244
1464	1464	or regulation or require the approval or consent of any municipality or 1245
1465	1465	political subdivision or any department, division, commission, board, 1246
1466	1466	body, bureau, official or agency thereof or of the state. The authority 1247
1467	1467	shall not be construed to be an agency within the scope of chapter 54 or 1248
1468	1468	a department, institution or agency of the state. 1249
1469	1469	Sec. 39. Subdivision (16) of subsection (b) of section 12-806 of the 2024 1250
1470	1470	supplement to the general statutes is repealed and the following is 1251
1471	1471	substituted in lieu thereof (Effective July 1, 2024): 1252 Raised Bill No. 389
1472	1472
1473	1473
1474	1474
1475	1475	LCO No. 2711 41 of 47
1476	1476
1477	1477	(16) To invest in, acquire, lease, purchase, own, manage, hold and 1253
1478	1478	dispose of real property and lease, convey or deal in or enter into 1254
1479	1479	agreements with respect to such property on any terms necessary or 1255
1480	1480	incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1256
1481	1481	818, inclusive, and sections 12-853 and 12-854, provided such 1257
1482	1482	transactions shall not be subject to approval, review or regulation 1258
1483	1483	pursuant to title 4b or any other statute by any state agency, except that 1259
1484	1484	real property transactions shall be subject to review by the State 1260
1485	1485	Properties Review Board and contracts shall be subject to the provisions 1261
1486	1486	of chapter 62 concerning state contracting agencies; 1262
1487	1487	Sec. 40. Section 12-815 of the general statutes is repealed and the 1263
1488	1488	following is substituted in lieu thereof (Effective July 1, 2024): 1264
1489	1489	(a) The corporation shall establish and adopt specific policies, rules 1265
1490	1490	and procedures on purchasing and contracting. Such policies, rules and 1266
1491	1491	procedures or amendments thereto shall be approved by a two-thirds 1267
1492	1492	vote of the entire board. Notwithstanding any other provision of law to 1268
1493	1493	the contrary, the corporation may enter into management, consulting 1269
1494	1494	and other agreements for the provision of goods, services and 1270
1495	1495	professional advisors necessary or useful in connection with the 1271
1496	1496	operation and management of the lottery (1) pursuant to a process of 1272
1497	1497	open or competitive bidding, provided (A) the corporation shall first 1273
1498	1498	determine the format, content and scope of any agreement for any 1274
1499	1499	procurement of goods or services, the conditions under which bidding 1275
1500	1500	will take place and the schedule and stipulations for contract award, and 1276
1501	1501	(B) the corporation may select the contractor deemed to have submitted 1277
1502	1502	the most favorable bid, considering price and other factors, when, in the 1278
1503	1503	judgment of the corporation, such award is in the best interests of the 1279
1504	1504	corporation, or (2) if the corporation, in its discretion, determines that, 1280
1505	1505	due to the nature of the agreement to be contracted for or procured, 1281
1506	1506	open or public bidding is either impracticable or not in the best interests 1282
1507	1507	of the corporation, by negotiation with such prospective providers as 1283
1508	1508	the corporation may determine. The terms and conditions of agreements 1284
1509	1509	and the fees or other compensation to be paid to such persons shall be 1285
1510	1510	determined by the corporation. The agreements entered into by the 1286 Raised Bill No. 389
1511	1511
1512	1512
1513	1513
1514	1514	LCO No. 2711 42 of 47
1515	1515
1516	1516	corporation in accordance with the provisions of this section shall not 1287
1517	1517	be subject to the approval of any state department, office or agency, 1288
1518	1518	except as provided in chapter 62 in the provisions concerning state 1289
1519	1519	contracting agencies or regulations adopted by the Department of 1290
1520	1520	Consumer Protection. Nothing in this section shall be deemed to restrict 1291
1521	1521	the discretion of the corporation to utilize its own staff and workforce 1292
1522	1522	for the performance of any of its assigned responsibilities and functions 1293
1523	1523	whenever, in the discretion of the corporation, it becomes necessary, 1294
1524	1524	convenient or desirable to do so. Copies of all agreements of the 1295
1525	1525	corporation shall be maintained by the corporation at its offices as public 1296
1526	1526	records, subject to said exemption. 1297
1527	1527	(b) [The] Except as provided in chapter 62, the corporation shall not 1298
1528	1528	be subject to rules, regulations or restrictions on purchasing or 1299
1529	1529	procurement or the disposition of assets generally applicable to 1300
1530	1530	Connecticut state agencies, including those contained in titles 4a and 4b 1301
1531	1531	and the corresponding rules and regulations. The board shall adopt 1302
1532	1532	rules and procedures on purchasing, procurement and the disposition 1303
1533	1533	of assets applicable to the corporation. The adoption of such rules or 1304
1534	1534	procedures shall not be subject to chapter 54. Any such rules or 1305
1535	1535	procedures shall be a public record as defined in section 1-200. 1306
1536	1536	Sec. 41. Section 22a-268 of the general statutes is repealed and the 1307
1537	1537	following is substituted in lieu thereof (Effective July 1, 2024): 1308
1538	1538	The authority shall utilize private industry, by contract, to carry out 1309
1539	1539	the business, design, operating, management, marketing, planning and 1310
1540	1540	research and development functions of the authority, unless the 1311
1541	1541	authority determines that it is in the public interest to adopt another 1312
1542	1542	course of action. The authority is hereby empowered to enter into long-1313
1543	1543	term contracts with private persons for the performance of any such 1314
1544	1544	functions of the authority which, in the opinion of the authority, can 1315
1545	1545	desirably and conveniently be carried out by a private person under 1316
1546	1546	contract provided any such contract shall contain such terms and 1317
1547	1547	conditions as will enable the authority to retain overall supervision and 1318
1548	1548	control of the business, design, operating, management, transportation, 1319 Raised Bill No. 389
1549	1549
1550	1550
1551	1551
1552	1552	LCO No. 2711 43 of 47
1553	1553
1554	1554	marketing, planning and research and development functions to be 1320
1555	1555	carried out or to be performed by such private persons pursuant to such 1321
1556	1556	contract. Such contracts shall be entered into either on a competitive 1322
1557	1557	negotiation or competitive bidding basis, and the authority in its 1323
1558	1558	discretion may select the type of contract it deems most prudent to 1324
1559	1559	utilize, pursuant to the contracting procedures adopted under section 1325
1560	1560	22a-268a and considering the scope of work, the management 1326
1561	1561	complexities associated therewith, the extent of current and future 1327
1562	1562	technological development requirements and the best interests of the 1328
1563	1563	state. Whenever a long-term contract is entered into on other than a 1329
1564	1564	competitive bidding basis, the criteria and procedures therefor shall 1330
1565	1565	conform to applicable provisions of subdivision (16) of subsection (a) 1331
1566	1566	and subsections (b) and (c) of section 22a-266, provided however, that 1332
1567	1567	any contract for a period of over five years in duration, or any contract 1333
1568	1568	for which the annual consideration is greater than fifty thousand dollars 1334
1569	1569	shall be approved by a two-thirds vote of the authority's full board of 1335
1570	1570	directors. The terms and conditions of such contracts shall be 1336
1571	1571	determined by the authority, as shall the fees or other similar 1337
1572	1572	compensation to be paid to such persons for such contracts. The 1338
1573	1573	contracts entered into by the authority shall not be subject to the 1339
1574	1574	approval of any other state department, office or agency, except as 1340
1575	1575	provided in chapter 62, in the provisions concerning state contracting 1341
1576	1576	agencies. However, copies of all contracts of the authority shall be 1342
1577	1577	maintained by the authority as public records, subject to the proprietary 1343
1578	1578	rights of any party to the contract. Nothing of the aforesaid shall be 1344
1579	1579	deemed to restrict the discretion of the authority to utilize its own staff 1345
1580	1580	and work force for the performance of any of its assigned 1346
1581	1581	responsibilities and functions whenever, in the discretion of the 1347
1582	1582	authority, it becomes necessary, convenient or desirable to do so. Any 1348
1583	1583	litigation with respect to any terms, conditions or provisions of any 1349
1584	1584	contract of the authority, or the performance or nonperformance of same 1350
1585	1585	by either party, shall be tried before a judge of the Superior Court of 1351
1586	1586	Connecticut. 1352
1587	1587	Sec. 42. Subdivision (14) of section 31-49h of the general statutes is 1353 Raised Bill No. 389
1588	1588
1589	1589
1590	1590
1591	1591	LCO No. 2711 44 of 47
1592	1592
1593	1593	repealed and the following is substituted in lieu thereof (Effective July 1, 1354
1594	1594	2024): 1355
1595	1595	(14) Make and enter into any contract or agreement necessary or 1356
1596	1596	incidental to the performance of its duties and execution of its powers. 1357
1597	1597	[The] Except as provided in chapter 62, the contracts and agreements 1358
1598	1598	entered into by the authority shall not be subject to the approval of any 1359
1599	1599	other state department, office or agency, provided copies of all such 1360
1600	1600	contracts shall be maintained by the authority as public records, subject 1361
1601	1601	to the proprietary rights of any party to such contracts. No contract shall 1362
1602	1602	contain any provision in which any contractor derives any direct or 1363
1603	1603	indirect economic benefit from denying or otherwise influencing the 1364
1604	1604	outcome of any claim for benefits. The standard criteria for the 1365
1605	1605	evaluation of proposals relating to claims processing, web site 1366
1606	1606	development, database development, marketing and advertising, in the 1367
1607	1607	event the authority seeks the services of an outside contractor for such 1368
1608	1608	tasks, and for the evaluation of proposals relating to all other contracts 1369
1609	1609	in amounts equal to or exceeding two hundred fifty thousand dollars 1370
1610	1610	shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1371
1611	1611	efficiency of operations, (D) quality of work related to the contracts 1372
1612	1612	issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1373
1613	1613	analysis documenting the direct and indirect costs of such contracts, 1374
1614	1614	including qualitative and quantitative benefits that will result from the 1375
1615	1615	implementation of such contracts. The establishment of additional 1376
1616	1616	standard criteria shall be approved by a two-thirds vote of the board 1377
1617	1617	after such criteria have been posted on a public Internet web site 1378
1618	1618	maintained by the authority for notice and comment for at least one 1379
1619	1619	week prior to such vote. 1380
1620	1620	Sec. 43. Subdivision (13) of section 38a-1083 of the general statutes is 1381
1621	1621	repealed and the following is substituted in lieu thereof (Effective July 1, 1382
1622	1622	2024): 1383
1623	1623	(13) Make and enter into any contract or agreement necessary or 1384
1624	1624	incidental to the performance of its duties and execution of its powers, 1385
1625	1625	including, but not limited to, an agreement with the Office of Health 1386 Raised Bill No. 389
1626	1626
1627	1627
1628	1628
1629	1629	LCO No. 2711 45 of 47
1630	1630
1631	1631	Strategy to use funds collected under this section for the operation of 1387
1632	1632	the all-payer claims database established under section 19a-755a and to 1388
1633	1633	receive data from such database. The contracts entered into by the 1389
1634	1634	exchange shall not be subject to the approval of any other state 1390
1635	1635	department, office or agency, provided copies of all contracts of the 1391
1636	1636	exchange shall be maintained by the exchange as public records, subject 1392
1637	1637	to the proprietary rights of any party to the contract, except (A) as 1393
1638	1638	provided in chapter 62, and (B) any agreement with the Office of Health 1394
1639	1639	Strategy shall be subject to approval by said office and the Office of 1395
1640	1640	Policy and Management and no portion of such agreement shall be 1396
1641	1641	considered proprietary; 1397
1642	1642	Sec. 44. Subsection (b) of section 46a-10b of the general statutes is 1398
1643	1643	repealed and the following is substituted in lieu thereof (Effective July 1, 1399
1644	1644	2024): 1400
1645	1645	(b) Notwithstanding the provisions of sections 4-212 to 4-219, 1401
1646	1646	inclusive, subdivision [(21)] (20) of section 4e-1, as amended by this act, 1402
1647	1647	and chapter 62a, not later than July 1, 2017, the Governor shall designate 1403
1648	1648	a nonprofit entity to serve as the Connecticut protection and advocacy 1404
1649	1649	system.1405
1650	1650	This act shall take effect as follows and shall amend the following
1651	1651	sections:
1652	1652
1653	1653	Section 1 from passage New section
1654	1654	Sec. 2 July 1, 2024 4e-1
1655	1655	Sec. 3 July 1, 2024 4e-2(g) and (h)
1656	1656	Sec. 4 July 1, 2024 4e-3(a)(2)
1657	1657	Sec. 5 July 1, 2024 4e-4
1658	1658	Sec. 6 July 1, 2024 4e-5(a) to (c)
1659	1659	Sec. 7 July 1, 2024 4e-7(a)
1660	1660	Sec. 8 July 1, 2024 4e-8
1661	1661	Sec. 9 July 1, 2024 4e-10(a)
1662	1662	Sec. 10 July 1, 2024 4e-14
1663	1663	Sec. 11 July 1, 2024 4e-16(c) and (d)
1664	1664	Sec. 12 July 1, 2024 4e-16(l)(2) to (4)
1665	1665	Sec. 13 July 1, 2024 4e-16(n) Raised Bill No. 389
1666	1666
1667	1667
1668	1668
1669	1669	LCO No. 2711 46 of 47
1670	1670
1671	1671	Sec. 14 July 1, 2024 4e-16(p)
1672	1672	Sec. 15 July 1, 2024 4e-17
1673	1673	Sec. 16 July 1, 2024 4e-18
1674	1674	Sec. 17 July 1, 2024 4e-21(c)
1675	1675	Sec. 18 July 1, 2024 4e-24
1676	1676	Sec. 19 July 1, 2024 4b-51(e)
1677	1677	Sec. 20 July 1, 2024 4b-57(a)
1678	1678	Sec. 21 July 1, 2024 4b-91(g)
1679	1679	Sec. 22 July 1, 2024 4e-27
1680	1680	Sec. 23 July 1, 2024 4e-31
1681	1681	Sec. 24 July 1, 2024 4e-34
1682	1682	Sec. 25 July 1, 2024 4e-35
1683	1683	Sec. 26 July 1, 2024 4e-37(g) to (i)
1684	1684	Sec. 27 July 1, 2024 4e-38
1685	1685	Sec. 28 July 1, 2024 4e-40(2)
1686	1686	Sec. 29 July 1, 2024 4e-45
1687	1687	Sec. 30 July 1, 2024 4e-46
1688	1688	Sec. 31 July 1, 2024 4e-48(a)
1689	1689	Sec. 32 July 1, 2024 4e-72
1690	1690	Sec. 33 July 1, 2024 10a-255
1691	1691	Sec. 34 July 1, 2024 15-31b(15)
1692	1692	Sec. 35 July 1, 2024 15-31b(b) and (c)
1693	1693	Sec. 36 July 1, 2024 10a-196
1694	1694	Sec. 37 July 1, 2024 10a-204b(s)
1695	1695	Sec. 38 July 1, 2024 10a-243
1696	1696	Sec. 39 July 1, 2024 12-806(b)(16)
1697	1697	Sec. 40 July 1, 2024 12-815
1698	1698	Sec. 41 July 1, 2024 22a-268
1699	1699	Sec. 42 July 1, 2024 31-49h(14)
1700	1700	Sec. 43 July 1, 2024 38a-1083(13)
1701	1701	Sec. 44 July 1, 2024 46a-10b(b)
1702	1702
1703	1703	Statement of Purpose:
1704	1704	To make revisions to provisions concerning the State Contracting
1705	1705	Standards Board, including by giving the board authority over quasi-
1706	1706	public agency procurement, requiring the hiring of full-time staff for the
1707	1707	board, prohibiting the Governor from reducing allotments to the board
1708	1708	and limiting the selection of contractors from a list without a
1709	1709	competitive process to emergency procurements. Raised Bill No. 389
1710	1710
1711	1711
1712	1712
1713	1713	LCO No. 2711 47 of 47
1714	1714
1715	1715	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1716	1716	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1717	1717	underlined.]
1718	1718