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repealed and the following is substituted in lieu thereof (Effective July 1, 13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