37 | 49 | | (2) "Bid" means an offer, submitted in response to an invitation to bid, 19 |
---|
38 | 50 | | to furnish supplies, materials, equipment, construction or contractual 20 |
---|
39 | 51 | | services to a state contracting agency under prescribed conditions at a 21 |
---|
40 | 52 | | stated price; 22 |
---|
41 | 53 | | (3) "Bidder" means a business submitting a bid in response to an 23 |
---|
42 | 54 | | invitation to bid by a state contracting agency; 24 |
---|
43 | 55 | | (4) "Business" means any individual or sole proprietorship, 25 |
---|
44 | 56 | | partnership, firm, corporation, trust, limited liability company, limited 26 |
---|
45 | 57 | | liability partnership, joint stock company, joint venture, association or 27 |
---|
46 | 58 | | other legal entity through which business for profit or not-for-profit is 28 |
---|
47 | 59 | | conducted; 29 |
---|
48 | 60 | | (5) "Competitive bidding" means the submission of prices by a 30 |
---|
49 | 61 | | business competing for a contract to provide supplies, materials, 31 |
---|
50 | 62 | | equipment or contractual services to a state contracting agency, under a 32 |
---|
51 | 63 | | procedure in which the contracting authority does not negotiate prices, 33 |
---|
52 | 64 | | as set forth in statutes and regulations concerning procurement; 34 |
---|
53 | 65 | | (6) "Consultant" means (A) any architect, professional engineer, 35 |
---|
54 | 66 | | landscape architect, land surveyor, accountant, interior designer, 36 |
---|
55 | 67 | | environmental professional or construction administrator, who is 37 |
---|
56 | 68 | | registered or licensed to practice such person's profession in accordance 38 |
---|
57 | 69 | | with the applicable provisions of the general statutes, (B) any planner or 39 |
---|
58 | 70 | | any environmental, management or financial specialist, or (C) any 40 |
---|
59 | 71 | | person who performs professional work in areas including, but not 41 |
---|
60 | 72 | | limited to, educational services, medical services, information 42 |
---|
61 | 73 | | technology and real estate appraisal; 43 |
---|
72 | 86 | | (A) A project for the construction, reconstruction, alteration, 50 |
---|
73 | 87 | | remodeling, repair or demolition of any public building, public work, 51 |
---|
74 | 88 | | mass transit, rail station, parking garage, rail track or airport; 52 |
---|
75 | 89 | | (B) Services, including, but not limited to, consultant and professional 53 |
---|
76 | 90 | | services; 54 |
---|
77 | 91 | | (C) The acquisition or disposition of personal property; 55 |
---|
78 | 92 | | (D) The provision of goods and services, including, but not limited 56 |
---|
79 | 93 | | to, the use of purchase of services contracts and personal service 57 |
---|
80 | 94 | | agreements; 58 |
---|
81 | 95 | | (E) The provision of information technology, state agency 59 |
---|
82 | 96 | | information system or telecommunication system facilities, equipment 60 |
---|
83 | 97 | | or services; 61 |
---|
84 | 98 | | (F) A lease; or 62 |
---|
85 | 99 | | (G) A licensing agreement; 63 |
---|
86 | 100 | | "Contract" [or "state contract"] does not include a contract between a 64 |
---|
87 | 101 | | state contracting agency [or a quasi-public agency] and a political 65 |
---|
88 | 102 | | subdivision of the state; 66 |
---|
89 | 103 | | [(9) "Term contract" means the agreement reached when the state 67 |
---|
90 | 104 | | accepts a bid or proposal to furnish supplies, materials, equipment or 68 |
---|
91 | 105 | | contractual services at a stated price for a specific period of time in 69 |
---|
92 | 106 | | response to an invitation to bid;] 70 |
---|
104 | 120 | | subcontractor under, a contract or an amendment to a contract with a 78 |
---|
105 | 121 | | state contracting agency under statutes and regulations concerning 79 |
---|
106 | 122 | | procurement, including, but not limited to, a small contractor, minority 80 |
---|
107 | 123 | | business enterprise, an individual with a disability, as defined in section 81 |
---|
108 | 124 | | 4a-60, or an organization providing products and services by persons 82 |
---|
109 | 125 | | with disabilities; 83 |
---|
110 | 126 | | [(12)] (11) "Contractual services" means the furnishing of labor by a 84 |
---|
111 | 127 | | contractor, not involving the delivery of a specific end product other 85 |
---|
112 | 128 | | than reports, which are merely incidental to the required performance 86 |
---|
113 | 129 | | and includes any and all laundry and cleaning service, pest control 87 |
---|
114 | 130 | | service, janitorial service, security service, the rental and repair, or 88 |
---|
115 | 131 | | maintenance, of equipment, machinery and other [state-owned] 89 |
---|
116 | 132 | | personal property owned by a state contracting agency, advertising and 90 |
---|
117 | 133 | | photostating, mimeographing, human services and other service 91 |
---|
118 | 134 | | arrangements where the services are provided by persons other than 92 |
---|
119 | 135 | | state employees or quasi-public agency employees. "Contractual 93 |
---|
120 | 136 | | services" includes the design, development and implementation of 94 |
---|
121 | 137 | | technology, communications or telecommunications systems or the 95 |
---|
122 | 138 | | infrastructure pertaining thereto, including hardware and software and 96 |
---|
123 | 139 | | services for which a contractor is conferred a benefit by the state, 97 |
---|
124 | 140 | | whether or not compensated by the state. "Contractual services" does 98 |
---|
125 | 141 | | not include employment agreements or collective bargaining 99 |
---|
126 | 142 | | agreements; 100 |
---|
127 | 143 | | [(13)] (12) "Data" means recorded information, regardless of form or 101 |
---|
128 | 144 | | characteristic; 102 |
---|
140 | 158 | | electromagnetic, or any other similar technology; 110 |
---|
141 | 159 | | [(16)] (15) "Emergency procurement" means procurement by a state 111 |
---|
142 | 160 | | contracting agency, [quasi-public agency, as defined in section 1-120,] 112 |
---|
143 | 161 | | judicial department or constituent unit of higher education that is made 113 |
---|
144 | 162 | | necessary by a sudden, unexpected occurrence that poses a clear and 114 |
---|
145 | 163 | | imminent danger to public safety or requires immediate action to 115 |
---|
146 | 164 | | prevent or mitigate the loss or impairment of life, health, property or 116 |
---|
147 | 165 | | essential public services or in response to a court order, settlement 117 |
---|
148 | 166 | | agreement or other similar legal judgment; 118 |
---|
149 | 167 | | [(17)] (16) "Equipment" means personal property of a durable nature 119 |
---|
150 | 168 | | that retains its identity throughout its useful life; 120 |
---|
151 | 169 | | [(18)] (17) "Materials" means items required to perform a function or 121 |
---|
152 | 170 | | used in a manufacturing process, particularly those incorporated into 122 |
---|
153 | 171 | | an end product or consumed in its manufacture; 123 |
---|
154 | 172 | | [(19)] (18) "Nonprofit agency" means any organization that is not a 124 |
---|
155 | 173 | | for-profit business under Section 501(c)(3) of the Internal Revenue Code 125 |
---|
156 | 174 | | of 1986, or any subsequent corresponding internal revenue code of the 126 |
---|
157 | 175 | | United States, as amended from time to time, [amended,] makes no 127 |
---|
158 | 176 | | distribution to its members, directors or officers and provides services 128 |
---|
159 | 177 | | contracted for by (A) the state or a quasi-public agency, or (B) a nonstate 129 |
---|
160 | 178 | | entity; 130 |
---|
161 | 179 | | [(20)] (19) "Professional services" means any type of service to the 131 |
---|
162 | 180 | | public that requires that members of a profession rendering such service 132 |
---|
180 | | - | contracts with a nonprofit agency, (A) (i) in the case of a contract with a 146 |
---|
181 | | - | state contracting agency that is not a quasi-public agency, which are in 147 |
---|
182 | | - | effect as of January 1, 2009, or (ii) in the case of a contract with a state 148 |
---|
183 | | - | contracting agency that is a quasi-public agency, which are in effect as 149 |
---|
184 | | - | of July 1, 2025, and (B) which through a renewal, modification, extension 150 |
---|
185 | | - | or rebidding of contracts continue to be provided by a nonprofit agency; 151 |
---|
186 | | - | [(22)] (21) "Procurement" means contracting for, buying, purchasing, 152 |
---|
187 | | - | renting, leasing or otherwise acquiring or disposing of, any supplies, 153 |
---|
188 | | - | services, including, but not limited to, contracts for purchase of services 154 |
---|
189 | | - | and personal service agreements, interest in real property, or 155 |
---|
190 | | - | construction, and includes all government functions that relate to such 156 |
---|
191 | | - | activities, including best value selection and qualification based 157 |
---|
192 | | - | selection; 158 |
---|
193 | | - | [(23)] (22) "Proposer" means a business submitting a proposal to a 159 |
---|
194 | | - | state contracting agency in response to a request for proposals or other 160 |
---|
195 | | - | competitive sealed proposal; 161 |
---|
196 | | - | [(24)] (23) "Public record" [means a public record, as defined] has the 162 |
---|
197 | | - | same meaning as provided in section 1-200; 163 |
---|
198 | | - | [(25)] (24) "Qualification based selection" means a contract selection 164 |
---|
199 | | - | process in which the award of a contract is primarily based on an 165 |
---|
200 | | - | assessment of contractor qualifications and on the negotiation of a fair 166 |
---|
201 | | - | and reasonable price; 167 |
---|
202 | | - | [(26)] (25) "Regulation" [means regulation, as defined] has the same 168 |
---|
203 | | - | meaning as provided in section 4-166; 169 |
---|
204 | | - | [(27)] (26) "Request for proposals" means all documents, whether 170 |
---|
205 | | - | attached or incorporated by reference, utilized for soliciting proposals; 171 Substitute Bill No. 1499 |
---|
| 200 | + | contracts with a nonprofit agency, which are in effect as of January 1, 146 |
---|
| 201 | + | 2009, and which through a renewal, modification, extension or 147 |
---|
| 202 | + | rebidding of contracts continue to be provided by a nonprofit agency; 148 |
---|
| 203 | + | [(22)] (21) "Procurement" means contracting for, buying, purchasing, 149 |
---|
| 204 | + | renting, leasing or otherwise acquiring or disposing of, any supplies, 150 |
---|
| 205 | + | services, including, but not limited to, contracts for purchase of services 151 |
---|
| 206 | + | and personal service agreements, interest in real property, or 152 |
---|
| 207 | + | construction, and includes all government functions that relate to such 153 |
---|
| 208 | + | activities, including best value selection and qualification based 154 |
---|
| 209 | + | selection; 155 |
---|
| 210 | + | [(23)] (22) "Proposer" means a business submitting a proposal to a 156 |
---|
| 211 | + | state contracting agency in response to a request for proposals or other 157 |
---|
| 212 | + | competitive sealed proposal; 158 |
---|
| 213 | + | [(24)] (23) "Public record" [means a public record, as defined] has the 159 |
---|
| 214 | + | same meaning as provided in section 1-200; 160 |
---|
| 215 | + | [(25)] (24) "Qualification based selection" means a contract selection 161 |
---|
| 216 | + | process in which the award of a contract is primarily based on an 162 |
---|
| 217 | + | assessment of contractor qualifications and on the negotiation of a fair 163 |
---|
| 218 | + | Raised Bill No. 1499 |
---|
210 | | - | [(28)] (27) "State contracting agency" means any executive branch 172 |
---|
211 | | - | agency, board, commission, department, office, institution or council 173 |
---|
212 | | - | and any quasi-public agency. "State contracting agency" does not 174 |
---|
213 | | - | include the judicial branch, the legislative branch, the offices of the 175 |
---|
214 | | - | Secretary of the State, the State Comptroller, the Attorney General, the 176 |
---|
215 | | - | State Treasurer, with respect to their constitutional functions [,] or any 177 |
---|
216 | | - | state agency with respect to contracts specific to the constitutional and 178 |
---|
217 | | - | statutory functions of the office of the State Treasurer. For [the purposes 179 |
---|
218 | | - | of every provision of this chapter other than section 4e-16, "state 180 |
---|
219 | | - | contracting agency" includes the Connecticut Port Authority, for] the 181 |
---|
220 | | - | purposes of section 4e-16, as amended by this act, "state contracting 182 |
---|
221 | | - | agency" includes any constituent unit of the state system of higher 183 |
---|
222 | | - | education; [and for the purposes of section 4e-19, "state contracting 184 |
---|
223 | | - | agency" includes the State Education Resource Center, established 185 |
---|
224 | | - | under section 10-4q;] 186 |
---|
225 | | - | [(29)] (28) "Subcontractor" means a subcontractor of a contractor for 187 |
---|
226 | | - | work under a contract or an amendment to a contract; 188 |
---|
227 | | - | [(30)] (29) "Supplies" means any and all articles of personal property, 189 |
---|
228 | | - | including, but not limited to, equipment, materials, printing, insurance 190 |
---|
229 | | - | and leases of real property, excluding land or a permanent interest in 191 |
---|
230 | | - | land furnished to or used by any state contracting agency; 192 |
---|
231 | | - | [(31)] (30) "Infrastructure facility" means a building, structure or 193 |
---|
232 | | - | network of buildings, structures, pipes, controls and equipment that 194 |
---|
233 | | - | provide transportation, utilities, public education or public safety 195 |
---|
234 | | - | services. [Infrastructure facility] "Infrastructure facility" includes 196 |
---|
235 | | - | government office buildings, public schools, jails, water treatment 197 |
---|
236 | | - | plants, distribution systems and pumping stations, wastewater 198 |
---|
237 | | - | treatment plants, collections systems and pumping stations, solid waste 199 |
---|
238 | | - | disposal plants, incinerators, landfills, and related facilities, public roads 200 |
---|
239 | | - | and streets, highways, public parking facilities, public transportation 201 |
---|
240 | | - | systems, terminals and rolling stock, rail, air and water port structures, 202 |
---|
241 | | - | terminals and equipment; [and] 203 Substitute Bill No. 1499 |
---|
| 222 | + | LCO No. 4155 7 of 43 |
---|
| 223 | + | |
---|
| 224 | + | and reasonable price; 164 |
---|
| 225 | + | [(26)] (25) "Regulation" [means regulation, as defined] has the same 165 |
---|
| 226 | + | meaning as provided in section 4-166; 166 |
---|
| 227 | + | [(27)] (26) "Request for proposals" means all documents, whether 167 |
---|
| 228 | + | attached or incorporated by reference, utilized for soliciting proposals; 168 |
---|
| 229 | + | [(28)] (27) "State contracting agency" means any executive branch 169 |
---|
| 230 | + | agency, board, commission, department, office, institution or council 170 |
---|
| 231 | + | and any quasi-public agency. "State contracting agency" does not 171 |
---|
| 232 | + | include the judicial branch, the legislative branch, the offices of the 172 |
---|
| 233 | + | Secretary of the State, the State Comptroller, the Attorney General, the 173 |
---|
| 234 | + | State Treasurer, with respect to their constitutional functions [,] or any 174 |
---|
| 235 | + | state agency with respect to contracts specific to the constitutional and 175 |
---|
| 236 | + | statutory functions of the office of the State Treasurer. For [the purposes 176 |
---|
| 237 | + | of every provision of this chapter other than section 4e-16, "state 177 |
---|
| 238 | + | contracting agency" includes the Connecticut Port Authority, for] the 178 |
---|
| 239 | + | purposes of section 4e-16, as amended by this act, "state contracting 179 |
---|
| 240 | + | agency" includes any constituent unit of the state system of higher 180 |
---|
| 241 | + | education; [and for the purposes of section 4e-19, "state contracting 181 |
---|
| 242 | + | agency" includes the State Education Resource Center, established 182 |
---|
| 243 | + | under section 10-4q;] 183 |
---|
| 244 | + | [(29)] (28) "Subcontractor" means a subcontractor of a contractor for 184 |
---|
| 245 | + | work under a contract or an amendment to a contract; 185 |
---|
| 246 | + | [(30)] (29) "Supplies" means any and all articles of personal property, 186 |
---|
| 247 | + | including, but not limited to, equipment, materials, printing, insurance 187 |
---|
| 248 | + | and leases of real property, excluding land or a permanent interest in 188 |
---|
| 249 | + | land furnished to or used by any state contracting agency; 189 |
---|
| 250 | + | [(31)] (30) "Infrastructure facility" means a building, structure or 190 |
---|
| 251 | + | network of buildings, structures, pipes, controls and equipment that 191 |
---|
| 252 | + | provide transportation, utilities, public education or public safety 192 |
---|
| 253 | + | services. [Infrastructure facility] "Infrastructure facility" includes 193 |
---|
| 254 | + | Raised Bill No. 1499 |
---|
246 | | - | [(32)] (31) "State employee" [means state employee, as defined] has 204 |
---|
247 | | - | the same meaning as provided in section 5-154 and, for purposes of 205 |
---|
248 | | - | section 4e-16, as amended by this act, [state employee] includes an 206 |
---|
249 | | - | employee of any state contracting agency that is not a quasi-public 207 |
---|
250 | | - | agency; and 208 |
---|
251 | | - | (32) "Quasi-public agency" has the same meaning as provided in 209 |
---|
252 | | - | section 1-120. 210 |
---|
253 | | - | Sec. 3. Subsection (g) of section 4e-2 of the general statutes is repealed 211 |
---|
254 | | - | and the following is substituted in lieu thereof (Effective July 1, 2025): 212 |
---|
255 | | - | (g) The board shall appoint a Chief Procurement Officer for a term 213 |
---|
256 | | - | not to exceed six years, unless reappointed pursuant to the provisions 214 |
---|
257 | | - | of this subsection. The Chief Procurement Officer shall report to the 215 |
---|
258 | | - | board and annually be evaluated by, and serve at the pleasure of, the 216 |
---|
259 | | - | board. For administrative purposes only, the Chief Procurement Officer 217 |
---|
260 | | - | shall be supervised by the executive director. 218 |
---|
261 | | - | (1) The Chief Procurement Officer shall be responsible for carrying 219 |
---|
262 | | - | out the policies of the board relating to procurement including, but not 220 |
---|
263 | | - | limited to, oversight, investigation, auditing, agency procurement 221 |
---|
264 | | - | certification and procurement and project management training and 222 |
---|
265 | | - | enforcement of [said] such policies as well as the application of such 223 |
---|
266 | | - | policies to the screening and evaluation of current and prospective 224 |
---|
267 | | - | contractors. The Chief Procurement Officer may enter into such 225 |
---|
268 | | - | contractual agreements as may be necessary for the discharge of the 226 |
---|
269 | | - | duties as set forth in this subsection and by the board, including, but not 227 |
---|
270 | | - | limited to, recommending best practices and providing operational and 228 |
---|
271 | | - | administrative assistance to state agencies determined, by the board, to 229 |
---|
272 | | - | be in violation of sections 4e-16 to 4e-47, inclusive, as amended by this 230 |
---|
273 | | - | act. 231 |
---|
274 | | - | (2) In addition to the duties set forth by the board, the Chief 232 |
---|
275 | | - | Procurement Officer shall (A) oversee state contracting agency 233 |
---|
276 | | - | compliance with the provisions of statutes and regulations concerning 234 |
---|
277 | | - | procurement; (B) monitor and assess the performance of the 235 Substitute Bill No. 1499 |
---|
| 258 | + | LCO No. 4155 8 of 43 |
---|
| 259 | + | |
---|
| 260 | + | government office buildings, public schools, jails, water treatment 194 |
---|
| 261 | + | plants, distribution systems and pumping stations, wastewater 195 |
---|
| 262 | + | treatment plants, collections systems and pumping stations, solid waste 196 |
---|
| 263 | + | disposal plants, incinerators, landfills, and related facilities, public roads 197 |
---|
| 264 | + | and streets, highways, public parking facilities, public transportation 198 |
---|
| 265 | + | systems, terminals and rolling stock, rail, air and water port structures, 199 |
---|
| 266 | + | terminals and equipment; [and] 200 |
---|
| 267 | + | [(32)] (31) "State employee" [means state employee, as defined] has 201 |
---|
| 268 | + | the same meaning as provided in section 5-154 and, for purposes of 202 |
---|
| 269 | + | section 4e-16, as amended by this act, [state employee] includes an 203 |
---|
| 270 | + | employee of any state contracting agency that is not a quasi-public 204 |
---|
| 271 | + | agency; and 205 |
---|
| 272 | + | (32) "Quasi-public agency" has the same meaning as provided in 206 |
---|
| 273 | + | section 1-120. 207 |
---|
| 274 | + | Sec. 3. Subsection (g) of section 4e-2 of the general statutes is repealed 208 |
---|
| 275 | + | and the following is substituted in lieu thereof (Effective July 1, 2025): 209 |
---|
| 276 | + | (g) The board shall appoint a Chief Procurement Officer for a term 210 |
---|
| 277 | + | not to exceed six years, unless reappointed pursuant to the provisions 211 |
---|
| 278 | + | of this subsection. The Chief Procurement Officer shall report to the 212 |
---|
| 279 | + | board and annually be evaluated by, and serve at the pleasure of, the 213 |
---|
| 280 | + | board. For administrative purposes only, the Chief Procurement Officer 214 |
---|
| 281 | + | shall be supervised by the executive director. 215 |
---|
| 282 | + | (1) The Chief Procurement Officer shall be responsible for carrying 216 |
---|
| 283 | + | out the policies of the board relating to procurement including, but not 217 |
---|
| 284 | + | limited to, oversight, investigation, auditing, agency procurement 218 |
---|
| 285 | + | certification and procurement and project management training and 219 |
---|
| 286 | + | enforcement of [said] such policies as well as the application of such 220 |
---|
| 287 | + | policies to the screening and evaluation of current and prospective 221 |
---|
| 288 | + | contractors. The Chief Procurement Officer may enter into such 222 |
---|
| 289 | + | contractual agreements as may be necessary for the discharge of the 223 |
---|
| 290 | + | duties as set forth in this subsection and by the board, including, but not 224 |
---|
| 291 | + | Raised Bill No. 1499 |
---|
282 | | - | procurement duties of each agency procurement officer; (C) administer 236 |
---|
283 | | - | the certification system and monitor the level of agency compliance with 237 |
---|
284 | | - | the requirements of statutes and regulations concerning procurement, 238 |
---|
285 | | - | including, but not limited to, the education and training, performance 239 |
---|
286 | | - | and qualifications of agency procurement officers; (D) review and 240 |
---|
287 | | - | monitor the procurement processes of each state contracting agency [, 241 |
---|
288 | | - | quasi-public agencies] and [institutions] institution of higher education; 242 |
---|
289 | | - | and (E) serve as chairperson of the Contracting Standards Advisory 243 |
---|
290 | | - | Council. 244 |
---|
291 | | - | Sec. 4. Section 4e-3 of the general statutes is repealed and the 245 |
---|
292 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 246 |
---|
293 | | - | (a) All rights, powers, duties and authority relating to the 247 |
---|
294 | | - | procurement policies of the state, vested in, or exercised by, any state 248 |
---|
295 | | - | contracting agency may also be exercised by the board, provided such 249 |
---|
296 | | - | rights, powers, duties and authority may be exercised by the board as 250 |
---|
297 | | - | provided in this section and sections 4e-4 to 4e-47, inclusive, as amended 251 |
---|
298 | | - | by this act, and absent any affirmative action by the board, pursuant to 252 |
---|
299 | | - | said sections, shall not be deemed to limit or restrict the exercise of such 253 |
---|
300 | | - | rights, powers, duties and authority by any such state contracting 254 |
---|
301 | | - | agency. Such rights, powers, duties and authority shall include the 255 |
---|
302 | | - | following: 256 |
---|
303 | | - | (1) Acquisition of supplies, services, and construction, and the 257 |
---|
304 | | - | management, control, warehousing, sale, and disposal of supplies, 258 |
---|
305 | | - | services, and construction; 259 |
---|
306 | | - | (2) Any state contracting agency's contracting and procurement 260 |
---|
307 | | - | processes, including, but not limited to, leasing and property transfers, 261 |
---|
308 | | - | purchasing or leasing of supplies, materials or equipment, consultant or 262 |
---|
309 | | - | consultant services, purchase of service agreements or privatization 263 |
---|
310 | | - | contracts; and 264 |
---|
311 | | - | (3) Contracts for the construction, reconstruction, alteration, 265 |
---|
312 | | - | remodeling, repair or demolition of any public building. 266 Substitute Bill No. 1499 |
---|
| 295 | + | LCO No. 4155 9 of 43 |
---|
| 296 | + | |
---|
| 297 | + | limited to, recommending best practices and providing operational and 225 |
---|
| 298 | + | administrative assistance to state agencies determined, by the board, to 226 |
---|
| 299 | + | be in violation of sections 4e-16 to 4e-47, inclusive, as amended by this 227 |
---|
| 300 | + | act. 228 |
---|
| 301 | + | (2) In addition to the duties set forth by the board, the Chief 229 |
---|
| 302 | + | Procurement Officer shall (A) oversee state contracting agency 230 |
---|
| 303 | + | compliance with the provisions of statutes and regulations concerning 231 |
---|
| 304 | + | procurement; (B) monitor and assess the performance of the 232 |
---|
| 305 | + | procurement duties of each agency procurement officer; (C) administer 233 |
---|
| 306 | + | the certification system and monitor the level of agency compliance with 234 |
---|
| 307 | + | the requirements of statutes and regulations concerning procurement, 235 |
---|
| 308 | + | including, but not limited to, the education and training, performance 236 |
---|
| 309 | + | and qualifications of agency procurement officers; (D) review and 237 |
---|
| 310 | + | monitor the procurement processes of each state contracting agency [, 238 |
---|
| 311 | + | quasi-public agencies] and [institutions] institution of higher education; 239 |
---|
| 312 | + | and (E) serve as chairperson of the Contracting Standards Advisory 240 |
---|
| 313 | + | Council. 241 |
---|
| 314 | + | Sec. 4. Section 4e-3 of the general statutes is repealed and the 242 |
---|
| 315 | + | following is substituted in lieu thereof (Effective July 1, 2025): 243 |
---|
| 316 | + | (a) All rights, powers, duties and authority relating to the 244 |
---|
| 317 | + | procurement policies of the state, vested in, or exercised by, any state 245 |
---|
| 318 | + | contracting agency may also be exercised by the board, provided such 246 |
---|
| 319 | + | rights, powers, duties and authority may be exercised by the board as 247 |
---|
| 320 | + | provided in this section and sections 4e-4 to 4e-47, inclusive, as amended 248 |
---|
| 321 | + | by this act, and absent any affirmative action by the board, pursuant to 249 |
---|
| 322 | + | said sections, shall not be deemed to limit or restrict the exercise of such 250 |
---|
| 323 | + | rights, powers, duties and authority by any such state contracting 251 |
---|
| 324 | + | agency. Such rights, powers, duties and authority shall include the 252 |
---|
| 325 | + | following: 253 |
---|
| 326 | + | (1) Acquisition of supplies, services, and construction, and the 254 |
---|
| 327 | + | management, control, warehousing, sale, and disposal of supplies, 255 |
---|
| 328 | + | Raised Bill No. 1499 |
---|
317 | | - | (b) Notwithstanding any provision of chapter 14, upon request by the 267 |
---|
318 | | - | board, each state contracting agency, including institutions of higher 268 |
---|
319 | | - | education, shall provide the board, in a timely manner, with such 269 |
---|
320 | | - | procurement information as the board deems necessary. The board shall 270 |
---|
321 | | - | have access to all information, files and records related to any state 271 |
---|
322 | | - | contracting agency in furtherance of the board's duties, as described in 272 |
---|
323 | | - | this section and sections 4e-4 to 4e-47, inclusive, as amended by this act. 273 |
---|
324 | | - | Nothing in this section shall be construed to require the board's 274 |
---|
325 | | - | disclosure of documents that are exempt from disclosure pursuant to 275 |
---|
326 | | - | chapter 14. 276 |
---|
327 | | - | (c) Any provision of this title shall supersede any contrary provision 277 |
---|
328 | | - | concerning a state contracting agency or quasi-public agency in any 278 |
---|
329 | | - | provision of the general statutes. 279 |
---|
330 | | - | Sec. 5. Section 4e-4 of the general statutes is repealed and the 280 |
---|
331 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 281 |
---|
332 | | - | Except as otherwise provided in the general statutes, the board shall 282 |
---|
333 | | - | have the following authority and responsibilities with respect to 283 |
---|
334 | | - | procurements by state contracting agencies: 284 |
---|
335 | | - | [(a) Recommend] (1) To recommend the repeal of repetitive, 285 |
---|
336 | | - | conflicting or obsolete statutes concerning state contracting agency 286 |
---|
337 | | - | procurement; 287 |
---|
338 | | - | [(b) Review] (2) To review and make recommendations concerning 288 |
---|
339 | | - | proposed legislation and regulations concerning procurement, 289 |
---|
340 | | - | management, control, and disposal of any and all supplies, services, and 290 |
---|
341 | | - | construction to be procured by [the] state contracting agencies, 291 |
---|
342 | | - | including, but not limited to: 292 |
---|
343 | | - | [(1)] (A) Conditions and procedures for delegation of procurement 293 |
---|
344 | | - | authority; 294 |
---|
345 | | - | [(2)] (B) Prequalification, suspension, debarment and reinstatement 295 |
---|
346 | | - | of prospective bidders and contractors; 296 Substitute Bill No. 1499 |
---|
| 332 | + | LCO No. 4155 10 of 43 |
---|
| 333 | + | |
---|
| 334 | + | services, and construction; 256 |
---|
| 335 | + | (2) Any state contracting agency's contracting and procurement 257 |
---|
| 336 | + | processes, including, but not limited to, leasing and property transfers, 258 |
---|
| 337 | + | purchasing or leasing of supplies, materials or equipment, consultant or 259 |
---|
| 338 | + | consultant services, purchase of service agreements or privatization 260 |
---|
| 339 | + | contracts; and 261 |
---|
| 340 | + | (3) Contracts for the construction, reconstruction, alteration, 262 |
---|
| 341 | + | remodeling, repair or demolition of any public building. 263 |
---|
| 342 | + | (b) Notwithstanding any provision of chapter 14, upon request by the 264 |
---|
| 343 | + | board, each state contracting agency, including institutions of higher 265 |
---|
| 344 | + | education, shall provide the board, in a timely manner, with such 266 |
---|
| 345 | + | procurement information as the board deems necessary. The board shall 267 |
---|
| 346 | + | have access to all information, files and records related to any state 268 |
---|
| 347 | + | contracting agency in furtherance of the board's duties, as described in 269 |
---|
| 348 | + | this section and sections 4e-4 to 4e-47, inclusive, as amended by this act. 270 |
---|
| 349 | + | Nothing in this section shall be construed to require the board's 271 |
---|
| 350 | + | disclosure of documents that are exempt from disclosure pursuant to 272 |
---|
| 351 | + | chapter 14. 273 |
---|
| 352 | + | (c) Any provision of this title shall supersede any contrary provision 274 |
---|
| 353 | + | concerning a state contracting agency or quasi-public agency in any 275 |
---|
| 354 | + | provision of the general statutes. 276 |
---|
| 355 | + | Sec. 5. Section 4e-4 of the general statutes is repealed and the 277 |
---|
| 356 | + | following is substituted in lieu thereof (Effective July 1, 2025): 278 |
---|
| 357 | + | Except as otherwise provided in the general statutes, the board shall 279 |
---|
| 358 | + | have the following authority and responsibilities with respect to 280 |
---|
| 359 | + | procurements by state contracting agencies: 281 |
---|
| 360 | + | [(a) Recommend] (1) To recommend the repeal of repetitive, 282 |
---|
| 361 | + | conflicting or obsolete statutes concerning state contracting agency 283 |
---|
| 362 | + | procurement; 284 |
---|
| 363 | + | Raised Bill No. 1499 |
---|
351 | | - | [(3)] (C) Small purchase procedures; 297 |
---|
352 | | - | [(4)] (D) Conditions and procedures for the procurement of 298 |
---|
353 | | - | perishables and items for resale; 299 |
---|
354 | | - | [(5)] (E) Conditions and procedures for the use of source selection 300 |
---|
355 | | - | methods authorized by statutes and regulations concerning 301 |
---|
356 | | - | procurement; 302 |
---|
357 | | - | [(6)] (F) Conditions and procedures for the use of emergency 303 |
---|
358 | | - | procurements; 304 |
---|
359 | | - | [(7)] (G) Conditions and procedures for the selection of contractors by 305 |
---|
360 | | - | processes or methods that restrict full and open competition; 306 |
---|
361 | | - | [(8)] (H) The opening or rejection of bids and offers, and waiver of 307 |
---|
362 | | - | errors in bids and offers; 308 |
---|
363 | | - | [(9)] (I) Confidentiality of technical data and trade secrets submitted 309 |
---|
364 | | - | by actual or prospective bidders; 310 |
---|
365 | | - | [(10)] (J) Partial, progressive and multiple awards; 311 |
---|
366 | | - | [(11)] (K) Supervision of storerooms and inventories, including 312 |
---|
367 | | - | determination of appropriate stock levels and the management, 313 |
---|
368 | | - | transfer, sale or other disposal of publicly-owned supplies; 314 |
---|
369 | | - | [(12)] (L) Definitions and classes of contractual services and 315 |
---|
370 | | - | procedures for acquiring such services; 316 |
---|
371 | | - | [(13)] (M) Regulations providing for conducting cost and price 317 |
---|
372 | | - | analysis; 318 |
---|
373 | | - | [(14)] (N) Use of payment and performance bonds; 319 |
---|
374 | | - | [(15)] (O) Guidelines for use of cost principles in negotiations, 320 |
---|
375 | | - | adjustments and settlements; and 321 |
---|
376 | | - | [(16)] (P) Identification of procurement best practices; 322 Substitute Bill No. 1499 |
---|
| 367 | + | LCO No. 4155 11 of 43 |
---|
| 368 | + | |
---|
| 369 | + | [(b) Review] (2) To review and make recommendations concerning 285 |
---|
| 370 | + | proposed legislation and regulations concerning procurement, 286 |
---|
| 371 | + | management, control, and disposal of any and all supplies, services, and 287 |
---|
| 372 | + | construction to be procured by [the] state contracting agencies, 288 |
---|
| 373 | + | including, but not limited to: 289 |
---|
| 374 | + | [(1)] (A) Conditions and procedures for delegation of procurement 290 |
---|
| 375 | + | authority; 291 |
---|
| 376 | + | [(2)] (B) Prequalification, suspension, debarment and reinstatement 292 |
---|
| 377 | + | of prospective bidders and contractors; 293 |
---|
| 378 | + | [(3)] (C) Small purchase procedures; 294 |
---|
| 379 | + | [(4)] (D) Conditions and procedures for the procurement of 295 |
---|
| 380 | + | perishables and items for resale; 296 |
---|
| 381 | + | [(5)] (E) Conditions and procedures for the use of source selection 297 |
---|
| 382 | + | methods authorized by statutes and regulations concerning 298 |
---|
| 383 | + | procurement; 299 |
---|
| 384 | + | [(6)] (F) Conditions and procedures for the use of emergency 300 |
---|
| 385 | + | procurements; 301 |
---|
| 386 | + | [(7)] (G) Conditions and procedures for the selection of contractors by 302 |
---|
| 387 | + | processes or methods that restrict full and open competition; 303 |
---|
| 388 | + | [(8)] (H) The opening or rejection of bids and offers, and waiver of 304 |
---|
| 389 | + | errors in bids and offers; 305 |
---|
| 390 | + | [(9)] (I) Confidentiality of technical data and trade secrets submitted 306 |
---|
| 391 | + | by actual or prospective bidders; 307 |
---|
| 392 | + | [(10)] (J) Partial, progressive and multiple awards; 308 |
---|
| 393 | + | [(11)] (K) Supervision of storerooms and inventories, including 309 |
---|
| 394 | + | determination of appropriate stock levels and the management, 310 |
---|
| 395 | + | transfer, sale or other disposal of publicly-owned supplies; 311 |
---|
| 396 | + | Raised Bill No. 1499 |
---|
381 | | - | [(c) Adopt] (3) To adopt regulations, [pursuant to] in accordance with 323 |
---|
382 | | - | the provisions of chapter 54, to carry out the provisions of statutes 324 |
---|
383 | | - | concerning procurement, in order to facilitate consistent application of 325 |
---|
384 | | - | the law and require the implementation of procurement best practices; 326 |
---|
385 | | - | [(d) Make] (4) To make recommendations with regard to information 327 |
---|
386 | | - | systems for state contracting agency procurement including, but not 328 |
---|
387 | | - | limited to, data element and design and the State Contracting Portal; 329 |
---|
388 | | - | [(e) Develop] (5) To develop a guide to state statutes and regulations 330 |
---|
389 | | - | concerning procurement, for use by all state contracting agencies; 331 |
---|
390 | | - | [(f) Assist] (6) To assist state contracting agencies in complying with 332 |
---|
391 | | - | the statutes and regulations concerning procurement by providing 333 |
---|
392 | | - | guidance, models, advice and practical assistance to state contracting 334 |
---|
393 | | - | agency staff relating to: [(1)] (A) Buying the best service at the best price, 335 |
---|
394 | | - | [(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 336 |
---|
395 | | - | that achieve state goals of accountability, transparency and results 337 |
---|
396 | | - | based outcomes and to protect taxpayers' interest; 338 |
---|
397 | | - | [(g) Train] (7) To train and oversee the agency procurement officer of 339 |
---|
398 | | - | each state contracting agency and any contracting officers thereunder; 340 |
---|
399 | | - | [(h) Review] (8) To review and certify, on or after January 1, 2009, that 341 |
---|
400 | | - | a state contracting agency's procurement processes are in compliance 342 |
---|
401 | | - | with statutes and regulations concerning procurement by: 343 |
---|
402 | | - | [(1)] (A) Establishing procurement and project management 344 |
---|
403 | | - | education and training criteria and certification procedures for agency 345 |
---|
404 | | - | procurement officers and contracting officers. All agency procurement 346 |
---|
405 | | - | officers and contracting officers designated under this [provision] 347 |
---|
406 | | - | subparagraph shall be required to maintain the certification in good 348 |
---|
407 | | - | standing at all times while performing procurement functions; 349 |
---|
408 | | - | [(2)] (B) Approving an ethics training course, in consultation with the 350 |
---|
409 | | - | Office of State Ethics, including, but not limited to, state employees and 351 |
---|
410 | | - | quasi-public agency employees involved in procurement and for state 352 Substitute Bill No. 1499 |
---|
| 400 | + | LCO No. 4155 12 of 43 |
---|
| 401 | + | |
---|
| 402 | + | [(12)] (L) Definitions and classes of contractual services and 312 |
---|
| 403 | + | procedures for acquiring such services; 313 |
---|
| 404 | + | [(13)] (M) Regulations providing for conducting cost and price 314 |
---|
| 405 | + | analysis; 315 |
---|
| 406 | + | [(14)] (N) Use of payment and performance bonds; 316 |
---|
| 407 | + | [(15)] (O) Guidelines for use of cost principles in negotiations, 317 |
---|
| 408 | + | adjustments and settlements; and 318 |
---|
| 409 | + | [(16)] (P) Identification of procurement best practices; 319 |
---|
| 410 | + | [(c) Adopt] (3) To adopt regulations, [pursuant to] in accordance with 320 |
---|
| 411 | + | the provisions of chapter 54, to carry out the provisions of statutes 321 |
---|
| 412 | + | concerning procurement, in order to facilitate consistent application of 322 |
---|
| 413 | + | the law and require the implementation of procurement best practices; 323 |
---|
| 414 | + | [(d) Make] (4) To make recommendations with regard to information 324 |
---|
| 415 | + | systems for state contracting agency procurement including, but not 325 |
---|
| 416 | + | limited to, data element and design and the State Contracting Portal; 326 |
---|
| 417 | + | [(e) Develop] (5) To develop a guide to state statutes and regulations 327 |
---|
| 418 | + | concerning procurement, for use by all state contracting agencies; 328 |
---|
| 419 | + | [(f) Assist] (6) To assist state contracting agencies in complying with 329 |
---|
| 420 | + | the statutes and regulations concerning procurement by providing 330 |
---|
| 421 | + | guidance, models, advice and practical assistance to state contracting 331 |
---|
| 422 | + | agency staff relating to: [(1)] (A) Buying the best service at the best price, 332 |
---|
| 423 | + | [(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 333 |
---|
| 424 | + | that achieve state goals of accountability, transparency and results 334 |
---|
| 425 | + | based outcomes and to protect taxpayers' interest; 335 |
---|
| 426 | + | [(g) Train] (7) To train and oversee the agency procurement officer of 336 |
---|
| 427 | + | each state contracting agency and any contracting officers thereunder; 337 |
---|
| 428 | + | [(h) Review] (8) To review and certify, on or after January 1, 2009, that 338 |
---|
| 429 | + | Raised Bill No. 1499 |
---|
415 | | - | contractors and substantial subcontractors who are prequalified 353 |
---|
416 | | - | pursuant to chapter 58a. Such ethics training course may be developed 354 |
---|
417 | | - | and provided by the Office of State Ethics or by any person, firm or 355 |
---|
418 | | - | corporation, provided such course is approved by the State Contracting 356 |
---|
419 | | - | Standards Board; 357 |
---|
420 | | - | [(i) Recertify] (9) To recertify each state contracting agency's 358 |
---|
421 | | - | procurement processes, triennially, and provide agencies with notice of 359 |
---|
422 | | - | any certification deficiency and exercise those powers authorized by 360 |
---|
423 | | - | section 4e-34, as amended by this act, 4e-39 or 4e-40, as amended by this 361 |
---|
424 | | - | act, as applicable, if a determination of noncompliance is made; 362 |
---|
425 | | - | [(j) Define] (10) To define the contract data reporting requirements to 363 |
---|
426 | | - | the board for state agencies concerning information on: [(1)] (A) The 364 |
---|
427 | | - | number and type of [state] contracts of each state contracting agency 365 |
---|
428 | | - | currently in effect state-wide; [(2)] (B) the term and dollar value of such 366 |
---|
429 | | - | contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description of 367 |
---|
430 | | - | services purchased under such contracts; [(5)] (E) contractor names; [(6)] 368 |
---|
431 | | - | (F) an evaluation of contractor performance, including, but not limited 369 |
---|
432 | | - | to records pertaining to the suspension or disqualification of 370 |
---|
433 | | - | contractors, and assuring such information is available on the State 371 |
---|
434 | | - | Contracting Portal; and [(7)] (G) a list of contracts and contractors 372 |
---|
435 | | - | awarded without full and open competition stating the reasons [for] 373 |
---|
436 | | - | therefor and identifying the approving authority; and 374 |
---|
437 | | - | [(k) Provide] (11) To provide the Governor and the joint standing 375 |
---|
438 | | - | committee of the General Assembly having cognizance of matters 376 |
---|
439 | | - | relating to government administration with recommendations 377 |
---|
440 | | - | concerning the statutes and regulations concerning procurement. 378 |
---|
441 | | - | Sec. 6. Subsections (a) to (c), inclusive, of section 4e-5 of the general 379 |
---|
442 | | - | statutes are repealed and the following is substituted in lieu thereof 380 |
---|
443 | | - | (Effective July 1, 2025): 381 |
---|
444 | | - | (a) (1) The head of each state contracting agency shall appoint an 382 |
---|
445 | | - | agency procurement officer. Such officer shall serve as the liaison 383 |
---|
446 | | - | between the agency and the Chief Procurement Officer on all matters 384 Substitute Bill No. 1499 |
---|
| 433 | + | LCO No. 4155 13 of 43 |
---|
| 434 | + | |
---|
| 435 | + | a state contracting agency's procurement processes are in compliance 339 |
---|
| 436 | + | with statutes and regulations concerning procurement by: 340 |
---|
| 437 | + | [(1)] (A) Establishing procurement and project management 341 |
---|
| 438 | + | education and training criteria and certification procedures for agency 342 |
---|
| 439 | + | procurement officers and contracting officers. All agency procurement 343 |
---|
| 440 | + | officers and contracting officers designated under this [provision] 344 |
---|
| 441 | + | subparagraph shall be required to maintain the certification in good 345 |
---|
| 442 | + | standing at all times while performing procurement functions; 346 |
---|
| 443 | + | [(2)] (B) Approving an ethics training course, in consultation with the 347 |
---|
| 444 | + | Office of State Ethics, including, but not limited to, state employees and 348 |
---|
| 445 | + | quasi-public agency employees involved in procurement and for state 349 |
---|
| 446 | + | contractors and substantial subcontractors who are prequalified 350 |
---|
| 447 | + | pursuant to chapter 58a. Such ethics training course may be developed 351 |
---|
| 448 | + | and provided by the Office of State Ethics or by any person, firm or 352 |
---|
| 449 | + | corporation, provided such course is approved by the State Contracting 353 |
---|
| 450 | + | Standards Board; 354 |
---|
| 451 | + | [(i) Recertify] (9) To recertify each state contracting agency's 355 |
---|
| 452 | + | procurement processes, triennially, and provide agencies with notice of 356 |
---|
| 453 | + | any certification deficiency and exercise those powers authorized by 357 |
---|
| 454 | + | section 4e-34, as amended by this act, 4e-39 or 4e-40,as amended by this 358 |
---|
| 455 | + | act, as applicable, if a determination of noncompliance is made; 359 |
---|
| 456 | + | [(j) Define] (10) To define the contract data reporting requirements to 360 |
---|
| 457 | + | the board for state agencies concerning information on: [(1)] (A) The 361 |
---|
| 458 | + | number and type of [state] contracts of each state contracting agency 362 |
---|
| 459 | + | currently in effect state-wide; [(2)] (B) the term and dollar value of such 363 |
---|
| 460 | + | contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description of 364 |
---|
| 461 | + | services purchased under such contracts; [(5)] (E) contractor names; [(6)] 365 |
---|
| 462 | + | (F) an evaluation of contractor performance, including, but not limited 366 |
---|
| 463 | + | to records pertaining to the suspension or disqualification of 367 |
---|
| 464 | + | contractors, and assuring such information is available on the State 368 |
---|
| 465 | + | Contracting Portal; and [(7)] (G) a list of contracts and contractors 369 |
---|
| 466 | + | Raised Bill No. 1499 |
---|
451 | | - | relating to the agency's procurement activity, including, but not limited 385 |
---|
452 | | - | to, implementation and compliance with the provisions of statutes and 386 |
---|
453 | | - | regulations concerning procurement and any policies or regulations 387 |
---|
454 | | - | adopted by the board, coordination of the training and education of 388 |
---|
455 | | - | agency procurement employees and any person serving on the 389 |
---|
456 | | - | Contracting Standards Advisory Council; 390 |
---|
457 | | - | (2) The agency procurement officer shall be responsible for [assuring] 391 |
---|
458 | | - | (A) ensuring that any invitation to bid, request for proposals or any 392 |
---|
459 | | - | other solicitation for goods and services issued on or after July 1, 2025, 393 |
---|
460 | | - | contains a notice of the rights of prospective bidders, proposers or 394 |
---|
461 | | - | prospective contractors under section 4e-36, (B) ensuring that 395 |
---|
462 | | - | contractors are properly screened prior to the award of a contract, (C) 396 |
---|
463 | | - | ensuring that contractors are advised of their rights under section 4e-36, 397 |
---|
464 | | - | prior to entering into a contract on or after July 1, 2025, (D) ensuring 398 |
---|
465 | | - | that, upon the award of such a contract, unsuccessful bidders, proposers 399 |
---|
466 | | - | or respondents are advised of their rights under section 4e-36, (E) 400 |
---|
467 | | - | evaluating contractor performance during and at the conclusion of a 401 |
---|
468 | | - | contract, (F) submitting written evaluations to a central data repository 402 |
---|
469 | | - | to be designated by the board, and (G) creating a project management 403 |
---|
470 | | - | plan for the agency with annual reports to the board pertaining to 404 |
---|
471 | | - | procurement projects within the agency. 405 |
---|
472 | | - | (b) The State Contracting Standards Board, with the advice and 406 |
---|
473 | | - | assistance of the Commissioner of Administrative Services, shall 407 |
---|
474 | | - | develop a standardized state procurement and project management 408 |
---|
475 | | - | education and training program. Such education and training program 409 |
---|
476 | | - | shall develop education, training and professional development 410 |
---|
477 | | - | opportunities for employees of state contracting agencies charged with 411 |
---|
478 | | - | procurement responsibilities. The education and training program shall 412 |
---|
479 | | - | educate such employees in general business acumen and on proper 413 |
---|
480 | | - | purchasing procedures as established in statutes and regulations 414 |
---|
481 | | - | concerning procurement with an emphasis on ethics, fairness, 415 |
---|
482 | | - | consistency and project management. Participation in the education and 416 |
---|
483 | | - | training program shall be required of any supervisory and 417 |
---|
484 | | - | nonsupervisory state employees in state contracting agencies with 418 Substitute Bill No. 1499 |
---|
| 470 | + | LCO No. 4155 14 of 43 |
---|
| 471 | + | |
---|
| 472 | + | awarded without full and open competition stating the reasons [for] 370 |
---|
| 473 | + | therefor and identifying the approving authority; and 371 |
---|
| 474 | + | [(k) Provide] (11) To provide the Governor and the joint standing 372 |
---|
| 475 | + | committee of the General Assembly having cognizance of matters 373 |
---|
| 476 | + | relating to government administration with recommendations 374 |
---|
| 477 | + | concerning the statutes and regulations concerning procurement. 375 |
---|
| 478 | + | Sec. 6. Subsections (a) to (c), inclusive, of section 4e-5 of the general 376 |
---|
| 479 | + | statutes are repealed and the following is substituted in lieu thereof 377 |
---|
| 480 | + | (Effective July 1, 2025): 378 |
---|
| 481 | + | (a) (1) The head of each state contracting agency shall appoint an 379 |
---|
| 482 | + | agency procurement officer. Such officer shall serve as the liaison 380 |
---|
| 483 | + | between the agency and the Chief Procurement Officer on all matters 381 |
---|
| 484 | + | relating to the agency's procurement activity, including, but not limited 382 |
---|
| 485 | + | to, implementation and compliance with the provisions of statutes and 383 |
---|
| 486 | + | regulations concerning procurement and any policies or regulations 384 |
---|
| 487 | + | adopted by the board, coordination of the training and education of 385 |
---|
| 488 | + | agency procurement employees and any person serving on the 386 |
---|
| 489 | + | Contracting Standards Advisory Council; 387 |
---|
| 490 | + | (2) The agency procurement officer shall be responsible for [assuring] 388 |
---|
| 491 | + | (A) ensuring that any invitation to bid, request for proposals or any 389 |
---|
| 492 | + | other solicitation for goods and services issued on or after July 1, 2025, 390 |
---|
| 493 | + | contains a notice of the rights of prospective bidders, proposers or 391 |
---|
| 494 | + | prospective contractors under section 4e-36, (B) ensuring that 392 |
---|
| 495 | + | contractors are properly screened prior to the award of a contract, (C) 393 |
---|
| 496 | + | ensuring that contractors are advised of their rights under section 4e-36, 394 |
---|
| 497 | + | prior to entering into a contract on or after July 1, 2025, (D) ensuring 395 |
---|
| 498 | + | that, upon the award of such a contract, unsuccessful bidders, proposers 396 |
---|
| 499 | + | or respondents are advised of their rights under section 4e-36, (E) 397 |
---|
| 500 | + | evaluating contractor performance during and at the conclusion of a 398 |
---|
| 501 | + | contract, (F) submitting written evaluations to a central data repository 399 |
---|
| 502 | + | to be designated by the board, and (G) creating a project management 400 |
---|
| 503 | + | Raised Bill No. 1499 |
---|
489 | | - | responsibility for buying, purchasing, renting, leasing or otherwise 419 |
---|
490 | | - | acquiring any supplies, service or construction, including the 420 |
---|
491 | | - | preparation of the description of requirements, selection and solicitation 421 |
---|
492 | | - | of sources, preparation and award of contracts and all phases of contract 422 |
---|
493 | | - | administration. 423 |
---|
494 | | - | (c) The education and training program shall include, but shall not be 424 |
---|
495 | | - | limited to, (1) training and education concerning federal, state and 425 |
---|
496 | | - | municipal procurement processes, including the statutes and 426 |
---|
497 | | - | regulations concerning procurement; (2) training and education courses 427 |
---|
498 | | - | developed in cooperation with the Office of State Ethics, the Freedom of 428 |
---|
499 | | - | Information Commission, the State Elections Enforcement Commission, 429 |
---|
500 | | - | the Commission on Human Rights and Opportunities, the office of the 430 |
---|
501 | | - | Attorney General and any other state agency the board determines is 431 |
---|
502 | | - | necessary in carrying out statutes and regulations concerning 432 |
---|
503 | | - | procurement; (3) [providing] technical assistance to state contracting 433 |
---|
504 | | - | agencies and municipalities for implementing statutes and regulations 434 |
---|
505 | | - | concerning procurement, regulations, policies and standards developed 435 |
---|
506 | | - | by the board; (4) training [to] of current and prospective contractors and 436 |
---|
507 | | - | vendors and others seeking to do business with [the] state contracting 437 |
---|
508 | | - | agencies; and (5) training and education of state employees and quasi-438 |
---|
509 | | - | public agencies in the area of best procurement practices in [state] 439 |
---|
510 | | - | purchasing with the goal of achieving the level of acumen necessary to 440 |
---|
511 | | - | achieve the objectives of statutes and regulations concerning 441 |
---|
512 | | - | procurement. 442 |
---|
513 | | - | Sec. 7. Subsection (a) of section 4e-7 of the general statutes is repealed 443 |
---|
514 | | - | and the following is substituted in lieu thereof (Effective July 1, 2025): 444 |
---|
515 | | - | (a) For cause, the State Contracting Standards Board may review, 445 |
---|
516 | | - | terminate or recommend to a state contracting agency the termination 446 |
---|
517 | | - | of any contract or procurement agreement undertaken by any state 447 |
---|
518 | | - | contracting agency after providing fifteen days' notice to the state 448 |
---|
519 | | - | contracting agency and the applicable contractor, and consulting with 449 |
---|
520 | | - | the Attorney General. Such termination of a contract or procurement 450 |
---|
521 | | - | agreement by the board may occur only after (1) the board has consulted 451 Substitute Bill No. 1499 |
---|
| 507 | + | LCO No. 4155 15 of 43 |
---|
| 508 | + | |
---|
| 509 | + | plan for the agency with annual reports to the board pertaining to 401 |
---|
| 510 | + | procurement projects within the agency. 402 |
---|
| 511 | + | (b) The State Contracting Standards Board, with the advice and 403 |
---|
| 512 | + | assistance of the Commissioner of Administrative Services, shall 404 |
---|
| 513 | + | develop a standardized state procurement and project management 405 |
---|
| 514 | + | education and training program. Such education and training program 406 |
---|
| 515 | + | shall develop education, training and professional development 407 |
---|
| 516 | + | opportunities for employees of state contracting agencies charged with 408 |
---|
| 517 | + | procurement responsibilities. The education and training program shall 409 |
---|
| 518 | + | educate such employees in general business acumen and on proper 410 |
---|
| 519 | + | purchasing procedures as established in statutes and regulations 411 |
---|
| 520 | + | concerning procurement with an emphasis on ethics, fairness, 412 |
---|
| 521 | + | consistency and project management. Participation in the education and 413 |
---|
| 522 | + | training program shall be required of any supervisory and 414 |
---|
| 523 | + | nonsupervisory state employees in state contracting agencies with 415 |
---|
| 524 | + | responsibility for buying, purchasing, renting, leasing or otherwise 416 |
---|
| 525 | + | acquiring any supplies, service or construction, including the 417 |
---|
| 526 | + | preparation of the description of requirements, selection and solicitation 418 |
---|
| 527 | + | of sources, preparation and award of contracts and all phases of contract 419 |
---|
| 528 | + | administration. 420 |
---|
| 529 | + | (c) The education and training program shall include, but shall not be 421 |
---|
| 530 | + | limited to, (1) training and education concerning federal, state and 422 |
---|
| 531 | + | municipal procurement processes, including the statutes and 423 |
---|
| 532 | + | regulations concerning procurement; (2) training and education courses 424 |
---|
| 533 | + | developed in cooperation with the Office of State Ethics, the Freedom of 425 |
---|
| 534 | + | Information Commission, the State Elections Enforcement Commission, 426 |
---|
| 535 | + | the Commission on Human Rights and Opportunities, the office of the 427 |
---|
| 536 | + | Attorney General and any other state agency the board determines is 428 |
---|
| 537 | + | necessary in carrying out statutes and regulations concerning 429 |
---|
| 538 | + | procurement; (3) [providing] technical assistance to state contracting 430 |
---|
| 539 | + | agencies and municipalities for implementing statutes and regulations 431 |
---|
| 540 | + | concerning procurement, regulations, policies and standards developed 432 |
---|
| 541 | + | by the board; (4) training [to] of current and prospective contractors and 433 |
---|
| 542 | + | Raised Bill No. 1499 |
---|
526 | | - | with the state contracting agency to determine the impact of an 452 |
---|
527 | | - | immediate termination of the contract, (2) a determination has been 453 |
---|
528 | | - | made jointly by the board and the state contracting agency that an 454 |
---|
529 | | - | immediate termination of the contract will not create imminent peril to 455 |
---|
530 | | - | the public health, safety or welfare, (3) a vote of two-thirds of the 456 |
---|
531 | | - | members of the board present and voting for that purpose, and (4) the 457 |
---|
532 | | - | board has provided the state contracting agency and the contractor with 458 |
---|
533 | | - | opportunity for a hearing conducted pursuant to the provisions of 459 |
---|
534 | | - | chapter 54. Such action shall be accompanied by notice to the state 460 |
---|
535 | | - | contracting agency and any other affected party. For the purpose of this 461 |
---|
536 | | - | section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as 462 |
---|
537 | | - | determined by the Citizen's Ethics Advisory Board; (B) wanton or 463 |
---|
538 | | - | reckless disregard of any state or quasi-public agency contracting and 464 |
---|
539 | | - | procurement process by any person substantially involved in such 465 |
---|
540 | | - | contract or state contracting agency; or (C) notification from the 466 |
---|
541 | | - | Attorney General to the state contracting agency that an investigation 467 |
---|
542 | | - | pursuant to section 4-61dd has concluded that the process by which 468 |
---|
543 | | - | such contract was awarded was compromised by fraud, collusion or any 469 |
---|
544 | | - | other criminal violation. Nothing in this section shall be construed to 470 |
---|
545 | | - | limit the authority of the board as described in section 4e-6. 471 |
---|
546 | | - | Sec. 8. Section 4e-8 of the general statutes is repealed and the 472 |
---|
547 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 473 |
---|
548 | | - | There is established a Contracting Standards Advisory Council, 474 |
---|
549 | | - | which shall consist of representatives from the Office of Policy and 475 |
---|
550 | | - | Management, Departments of Administrative Services and 476 |
---|
551 | | - | Transportation, [and] representatives of at least three additional state 477 |
---|
552 | | - | contracting agencies that are not quasi-public agencies, including at 478 |
---|
553 | | - | least one human services related state agency, to be designated by the 479 |
---|
554 | | - | Governor and at least four additional state contracting agencies that are 480 |
---|
555 | | - | quasi-public agencies, two to be appointed by the speaker of the House 481 |
---|
556 | | - | of Representatives and two to be appointed by the president pro 482 |
---|
557 | | - | tempore of the Senate. The Chief Procurement Officer shall be a member 483 |
---|
558 | | - | of the council and serve as chairperson. The advisory council shall meet 484 |
---|
559 | | - | at least four times per year to discuss state contracting agency 485 Substitute Bill No. 1499 |
---|
| 546 | + | LCO No. 4155 16 of 43 |
---|
| 547 | + | |
---|
| 548 | + | vendors and others seeking to do business with [the] state contracting 434 |
---|
| 549 | + | agencies; and (5) training and education of state employees and quasi-435 |
---|
| 550 | + | public agencies in the area of best procurement practices in [state] 436 |
---|
| 551 | + | purchasing with the goal of achieving the level of acumen necessary to 437 |
---|
| 552 | + | achieve the objectives of statutes and regulations concerning 438 |
---|
| 553 | + | procurement. 439 |
---|
| 554 | + | Sec. 7. Subsection (a) of section 4e-7 of the general statutes is repealed 440 |
---|
| 555 | + | and the following is substituted in lieu thereof (Effective July 1, 2025): 441 |
---|
| 556 | + | (a) For cause, the State Contracting Standards Board may review, 442 |
---|
| 557 | + | terminate or recommend to a state contracting agency the termination 443 |
---|
| 558 | + | of any contract or procurement agreement undertaken by any state 444 |
---|
| 559 | + | contracting agency after providing fifteen days' notice to the state 445 |
---|
| 560 | + | contracting agency and the applicable contractor, and consulting with 446 |
---|
| 561 | + | the Attorney General. Such termination of a contract or procurement 447 |
---|
| 562 | + | agreement by the board may occur only after (1) the board has consulted 448 |
---|
| 563 | + | with the state contracting agency to determine the impact of an 449 |
---|
| 564 | + | immediate termination of the contract, (2) a determination has been 450 |
---|
| 565 | + | made jointly by the board and the state contracting agency that an 451 |
---|
| 566 | + | immediate termination of the contract will not create imminent peril to 452 |
---|
| 567 | + | the public health, safety or welfare, (3) a vote of two-thirds of the 453 |
---|
| 568 | + | members of the board present and voting for that purpose, and (4) the 454 |
---|
| 569 | + | board has provided the state contracting agency and the contractor with 455 |
---|
| 570 | + | opportunity for a hearing conducted pursuant to the provisions of 456 |
---|
| 571 | + | chapter 54. Such action shall be accompanied by notice to the state 457 |
---|
| 572 | + | contracting agency and any other affected party. For the purpose of this 458 |
---|
| 573 | + | section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as 459 |
---|
| 574 | + | determined by the Citizen's Ethics Advisory Board; (B) wanton or 460 |
---|
| 575 | + | reckless disregard of any state or quasi-public agency contracting and 461 |
---|
| 576 | + | procurement process by any person substantially involved in such 462 |
---|
| 577 | + | contract or state contracting agency; or (C) notification from the 463 |
---|
| 578 | + | Attorney General to the state contracting agency that an investigation 464 |
---|
| 579 | + | pursuant to section 4-61dd has concluded that the process by which 465 |
---|
| 580 | + | such contract was awarded was compromised by fraud, collusion or any 466 |
---|
| 581 | + | Raised Bill No. 1499 |
---|
564 | | - | procurement issues and to make recommendations for improvement of 486 |
---|
565 | | - | [the] procurement processes to the State Contracting Standards Board. 487 |
---|
566 | | - | The advisory council may conduct studies, research and analyses and 488 |
---|
567 | | - | make reports and recommendations with respect to subjects or matters 489 |
---|
568 | | - | within the jurisdiction of the State Contracting Standards Board. 490 |
---|
569 | | - | Sec. 9. Subsection (a) of section 4e-10 of the general statutes is 491 |
---|
570 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 492 |
---|
571 | | - | 2025): 493 |
---|
572 | | - | (a) On or before July 1, 2010, the board shall submit to the Governor 494 |
---|
573 | | - | and the General Assembly such legislation as is necessary to permit state 495 |
---|
574 | | - | contracting agencies, not including [quasi-publics] quasi-public 496 |
---|
575 | | - | agencies, institutions of higher education, and municipal procurement 497 |
---|
576 | | - | processes utilizing state funds, to carry out their functions under 498 |
---|
577 | | - | statutes and regulations concerning procurement. 499 |
---|
578 | | - | Sec. 10. Section 4e-14 of the general statutes is repealed and the 500 |
---|
579 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 501 |
---|
580 | | - | On and after June 1, 2010, all [state] contracts of each state contracting 502 |
---|
581 | | - | agency that is not a quasi-public agency that take effect on or after June 503 |
---|
582 | | - | 1, 2010, shall contain provisions to ensure accountability, transparency 504 |
---|
583 | | - | and [results based] results-based outcomes, as prescribed by the State 505 |
---|
584 | | - | Contracting Standards Board. On and after June 1, 2010, all state 506 |
---|
585 | | - | contracts of the legislative branch and the judicial branch that take effect 507 |
---|
586 | | - | on or after June 1, 2010, shall contain provisions to ensure 508 |
---|
587 | | - | accountability, transparency and [results based] results-based 509 |
---|
588 | | - | outcomes. On and after July 1, 2025, all contracts of each state 510 |
---|
589 | | - | contracting agency that is a quasi-public agency that take effect on or 511 |
---|
590 | | - | after July 1, 2025, shall contain provisions to ensure accountability, 512 |
---|
591 | | - | transparency and results-based outcomes. 513 |
---|
592 | | - | Sec. 11. Subsections (c) and (d) of section 4e-16 of the general statutes 514 |
---|
593 | | - | are repealed and the following is substituted in lieu thereof (Effective July 515 |
---|
594 | | - | 1, 2025): 516 Substitute Bill No. 1499 |
---|
| 585 | + | LCO No. 4155 17 of 43 |
---|
| 586 | + | |
---|
| 587 | + | other criminal violation. Nothing in this section shall be construed to 467 |
---|
| 588 | + | limit the authority of the board as described in section 4e-6. 468 |
---|
| 589 | + | Sec. 8. Section 4e-8 of the general statutes is repealed and the 469 |
---|
| 590 | + | following is substituted in lieu thereof (Effective July 1, 2025): 470 |
---|
| 591 | + | There is established a Contracting Standards Advisory Council, 471 |
---|
| 592 | + | which shall consist of representatives from the Office of Policy and 472 |
---|
| 593 | + | Management, Departments of Administrative Services and 473 |
---|
| 594 | + | Transportation, [and] representatives of at least three additional state 474 |
---|
| 595 | + | contracting agencies that are not quasi-public agencies, including at 475 |
---|
| 596 | + | least one human services related state agency, to be designated by the 476 |
---|
| 597 | + | Governor and at least four additional state contracting agencies that are 477 |
---|
| 598 | + | quasi-public agencies, two to be appointed by the speaker of the House 478 |
---|
| 599 | + | of Representatives and two to be appointed by the president pro 479 |
---|
| 600 | + | tempore of the Senate. The Chief Procurement Officer shall be a member 480 |
---|
| 601 | + | of the council and serve as chairperson. The advisory council shall meet 481 |
---|
| 602 | + | at least four times per year to discuss state contracting agency 482 |
---|
| 603 | + | procurement issues and to make recommendations for improvement of 483 |
---|
| 604 | + | [the] procurement processes to the State Contracting Standards Board. 484 |
---|
| 605 | + | The advisory council may conduct studies, research and analyses and 485 |
---|
| 606 | + | make reports and recommendations with respect to subjects or matters 486 |
---|
| 607 | + | within the jurisdiction of the State Contracting Standards Board. 487 |
---|
| 608 | + | Sec. 9. Subsection (a) of section 4e-10 of the general statutes is 488 |
---|
| 609 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 489 |
---|
| 610 | + | 2025): 490 |
---|
| 611 | + | (a) On or before July 1, 2010, the board shall submit to the Governor 491 |
---|
| 612 | + | and the General Assembly such legislation as is necessary to permit state 492 |
---|
| 613 | + | contracting agencies, not including [quasi-publics] quasi-public 493 |
---|
| 614 | + | agencies, institutions of higher education, and municipal procurement 494 |
---|
| 615 | + | processes utilizing state funds, to carry out their functions under 495 |
---|
| 616 | + | statutes and regulations concerning procurement. 496 |
---|
| 617 | + | Sec. 10. Section 4e-14 of the general statutes is repealed and the 497 |
---|
| 618 | + | Raised Bill No. 1499 |
---|
599 | | - | (c) (1) If such cost-benefit analysis identifies a cost savings to the state 517 |
---|
600 | | - | contracting agency of ten per cent or more, and such privatization 518 |
---|
601 | | - | contract will not diminish the quality of such service, the state 519 |
---|
602 | | - | contracting agency shall develop a business case, in accordance with the 520 |
---|
603 | | - | provisions of subsection (d) of this section, in order to evaluate the 521 |
---|
604 | | - | feasibility of entering into any such contract and to identify the potential 522 |
---|
605 | | - | results, effectiveness and efficiency of such contract. 523 |
---|
606 | | - | (2) If such cost-benefit analysis identifies a cost savings of less than 524 |
---|
607 | | - | ten per cent to the state contracting agency and such privatization 525 |
---|
608 | | - | contract will not diminish the quality of such service, the state 526 |
---|
609 | | - | contracting agency may develop a business case, in accordance with the 527 |
---|
610 | | - | provisions of subsection (d) of this section, in order to evaluate the 528 |
---|
611 | | - | feasibility of entering into any such contract and to identify the potential 529 |
---|
612 | | - | results, effectiveness and efficiency of such contract, provided there is a 530 |
---|
613 | | - | significant public policy reason to enter into such privatization contract. 531 |
---|
614 | | - | Any such business case shall be approved in accordance with the 532 |
---|
615 | | - | provisions of subdivision (4) of subsection (h) of this section. 533 |
---|
616 | | - | (3) If any such proposed privatization contract would result in the 534 |
---|
617 | | - | layoff, transfer or reassignment of [one hundred] twenty-five or more 535 |
---|
618 | | - | state contracting agency employees, after consulting with the 536 |
---|
619 | | - | potentially affected bargaining units, if any, the state contracting agency 537 |
---|
620 | | - | shall notify the state employees or quasi-public agency employees of 538 |
---|
621 | | - | such bargaining unit, as applicable, after such cost-benefit analysis is 539 |
---|
622 | | - | completed. Such state contracting agency shall provide an opportunity 540 |
---|
623 | | - | for [said] such employees to reduce the costs of conducting the 541 |
---|
624 | | - | operations to be privatized and provide reasonable resources for the 542 |
---|
625 | | - | purpose of encouraging and assisting such state or quasi-public agency 543 |
---|
626 | | - | employees to organize and submit a bid to provide the services that are 544 |
---|
627 | | - | the subject of the potential privatization contract. The state contracting 545 |
---|
628 | | - | agency shall retain sole discretion in determining whether to proceed 546 |
---|
629 | | - | with the privatization contract, provided the business case for such 547 |
---|
630 | | - | contract is approved by the board. 548 |
---|
631 | | - | (d) Any business case developed by a state contracting agency for the 549 Substitute Bill No. 1499 |
---|
| 622 | + | LCO No. 4155 18 of 43 |
---|
| 623 | + | |
---|
| 624 | + | following is substituted in lieu thereof (Effective July 1, 2025): 498 |
---|
| 625 | + | On and after June 1, 2010, all [state] contracts of each state contracting 499 |
---|
| 626 | + | agency that is not a quasi-public agency that take effect on or after June 500 |
---|
| 627 | + | 1, 2010, shall contain provisions to ensure accountability, transparency 501 |
---|
| 628 | + | and [results based] results-based outcomes, as prescribed by the State 502 |
---|
| 629 | + | Contracting Standards Board. On and after June 1, 2010, all state 503 |
---|
| 630 | + | contracts of the legislative branch and the judicial branch that take effect 504 |
---|
| 631 | + | on or after June 1, 2010, shall contain provisions to ensure 505 |
---|
| 632 | + | accountability, transparency and [results based] results-based 506 |
---|
| 633 | + | outcomes. On and after July 1, 2025, all contracts of each state 507 |
---|
| 634 | + | contracting agency that is a quasi-public agency that take effect on or 508 |
---|
| 635 | + | after July 1, 2025, shall contain provisions to ensure accountability, 509 |
---|
| 636 | + | transparency and results-based outcomes. 510 |
---|
| 637 | + | Sec. 11. Subsections (c) and (d) of section 4e-16 of the general statutes 511 |
---|
| 638 | + | are repealed and the following is substituted in lieu thereof (Effective July 512 |
---|
| 639 | + | 1, 2025): 513 |
---|
| 640 | + | (c) (1) If such cost-benefit analysis identifies a cost savings to the state 514 |
---|
| 641 | + | contracting agency of ten per cent or more, and such privatization 515 |
---|
| 642 | + | contract will not diminish the quality of such service, the state 516 |
---|
| 643 | + | contracting agency shall develop a business case, in accordance with the 517 |
---|
| 644 | + | provisions of subsection (d) of this section, in order to evaluate the 518 |
---|
| 645 | + | feasibility of entering into any such contract and to identify the potential 519 |
---|
| 646 | + | results, effectiveness and efficiency of such contract. 520 |
---|
| 647 | + | (2) If such cost-benefit analysis identifies a cost savings of less than 521 |
---|
| 648 | + | ten per cent to the state contracting agency and such privatization 522 |
---|
| 649 | + | contract will not diminish the quality of such service, the state 523 |
---|
| 650 | + | contracting agency may develop a business case, in accordance with the 524 |
---|
| 651 | + | provisions of subsection (d) of this section, in order to evaluate the 525 |
---|
| 652 | + | feasibility of entering into any such contract and to identify the potential 526 |
---|
| 653 | + | results, effectiveness and efficiency of such contract, provided there is a 527 |
---|
| 654 | + | significant public policy reason to enter into such privatization contract. 528 |
---|
| 655 | + | Raised Bill No. 1499 |
---|
636 | | - | purpose of complying with subsection (c) of this section shall include: 550 |
---|
637 | | - | (1) The cost-benefit analysis as described in subsection (b) of this section, 551 |
---|
638 | | - | (2) a detailed description of the service or activity that is the subject of 552 |
---|
639 | | - | such business case, (3) a description and analysis of the state contracting 553 |
---|
640 | | - | agency's current performance of such service or activity, (4) the goals to 554 |
---|
641 | | - | be achieved through the proposed privatization contract and the 555 |
---|
642 | | - | rationale for such goals, (5) a description of available options for 556 |
---|
643 | | - | achieving such goals, (6) an analysis of the advantages and 557 |
---|
644 | | - | disadvantages of each option, including, at a minimum, potential 558 |
---|
645 | | - | performance improvements and risks attendant to termination of the 559 |
---|
646 | | - | contract or rescission of such contract, (7) an analysis of the potential 560 |
---|
647 | | - | impact of the proposed privatization contract on workers of color and 561 |
---|
648 | | - | workers who are women, including whether such privatization contract 562 |
---|
649 | | - | will lessen or increase historical patterns that produce inequities 563 |
---|
650 | | - | between such workers and other workers, (8) an analysis of the 564 |
---|
651 | | - | qualitative impact of the proposed privatization contract on the existing 565 |
---|
652 | | - | state workforce, (9) a description of the current market for the services 566 |
---|
653 | | - | or activities that are the subject of such business case, [(8)] (10) an 567 |
---|
654 | | - | analysis of the quality of services as gauged by standardized measures 568 |
---|
655 | | - | and key performance requirements including compensation, turnover, 569 |
---|
656 | | - | and staffing ratios, [(9)] (11) a description of the specific results-based 570 |
---|
657 | | - | performance standards that shall, at a minimum be met, to ensure 571 |
---|
658 | | - | adequate performance by any party performing such service or activity, 572 |
---|
659 | | - | [(10)] (12) the projected time frame for key events from the beginning of 573 |
---|
660 | | - | the procurement process through the expiration of a contract, if 574 |
---|
661 | | - | applicable, [(11)] (13) a specific and feasible contingency plan that 575 |
---|
662 | | - | addresses contractor nonperformance and a description of the tasks 576 |
---|
663 | | - | involved in and costs required for implementation of such plan, and 577 |
---|
664 | | - | [(12)] (14) a transition plan, if appropriate, for addressing changes in the 578 |
---|
665 | | - | number of agency personnel, affected business processes, employee 579 |
---|
666 | | - | transition issues, and communications with affected stakeholders, such 580 |
---|
667 | | - | as agency clients and members of the public, if applicable. Such 581 |
---|
668 | | - | transition plan shall contain a reemployment and retraining assistance 582 |
---|
669 | | - | plan for employees who are not retained by the state or quasi-public 583 |
---|
670 | | - | agency or employed by the contractor. If the primary purpose of the 584 Substitute Bill No. 1499 |
---|
| 659 | + | LCO No. 4155 19 of 43 |
---|
| 660 | + | |
---|
| 661 | + | Any such business case shall be approved in accordance with the 529 |
---|
| 662 | + | provisions of subdivision (4) of subsection (h) of this section. 530 |
---|
| 663 | + | (3) If any such proposed privatization contract would result in the 531 |
---|
| 664 | + | layoff, transfer or reassignment of [one hundred] twenty-five or more 532 |
---|
| 665 | + | state contracting agency employees, after consulting with the 533 |
---|
| 666 | + | potentially affected bargaining units, if any, the state contracting agency 534 |
---|
| 667 | + | shall notify the state employees or quasi-public agency employees of 535 |
---|
| 668 | + | such bargaining unit, as applicable, after such cost-benefit analysis is 536 |
---|
| 669 | + | completed. Such state contracting agency shall provide an opportunity 537 |
---|
| 670 | + | for [said] such employees to reduce the costs of conducting the 538 |
---|
| 671 | + | operations to be privatized and provide reasonable resources for the 539 |
---|
| 672 | + | purpose of encouraging and assisting such state or quasi-public agency 540 |
---|
| 673 | + | employees to organize and submit a bid to provide the services that are 541 |
---|
| 674 | + | the subject of the potential privatization contract. The state contracting 542 |
---|
| 675 | + | agency shall retain sole discretion in determining whether to proceed 543 |
---|
| 676 | + | with the privatization contract, provided the business case for such 544 |
---|
| 677 | + | contract is approved by the board. 545 |
---|
| 678 | + | (d) Any business case developed by a state contracting agency for the 546 |
---|
| 679 | + | purpose of complying with subsection (c) of this section shall include: 547 |
---|
| 680 | + | (1) The cost-benefit analysis as described in subsection (b) of this section, 548 |
---|
| 681 | + | (2) a detailed description of the service or activity that is the subject of 549 |
---|
| 682 | + | such business case, (3) a description and analysis of the state contracting 550 |
---|
| 683 | + | agency's current performance of such service or activity, (4) the goals to 551 |
---|
| 684 | + | be achieved through the proposed privatization contract and the 552 |
---|
| 685 | + | rationale for such goals, (5) a description of available options for 553 |
---|
| 686 | + | achieving such goals, (6) an analysis of the advantages and 554 |
---|
| 687 | + | disadvantages of each option, including, at a minimum, potential 555 |
---|
| 688 | + | performance improvements and risks attendant to termination of the 556 |
---|
| 689 | + | contract or rescission of such contract, (7) an analysis of the potential 557 |
---|
| 690 | + | impact of the proposed privatization contract on workers of color and 558 |
---|
| 691 | + | workers who are women, including whether such privatization contract 559 |
---|
| 692 | + | will lessen or increase historical patterns that produce inequities 560 |
---|
| 693 | + | between such workers and other workers, (8) an analysis of the 561 |
---|
| 694 | + | Raised Bill No. 1499 |
---|
675 | | - | proposed privatization contract is to provide a core governmental 585 |
---|
676 | | - | function, such business case shall also include information sufficient to 586 |
---|
677 | | - | rebut the presumption that such core governmental function should not 587 |
---|
678 | | - | be privatized. Such presumption shall not be construed to prohibit a 588 |
---|
679 | | - | state contracting agency from contracting for specialized technical 589 |
---|
680 | | - | expertise not available within such agency, provided such agency shall 590 |
---|
681 | | - | retain responsibility for such core governmental function. For the 591 |
---|
682 | | - | purposes of this section, "core governmental function" means a function 592 |
---|
683 | | - | for which the primary purpose is (A) the inspection for adherence to 593 |
---|
684 | | - | health and safety standards because public health or safety may be 594 |
---|
685 | | - | jeopardized if such inspection is not done or is not done in a timely or 595 |
---|
686 | | - | proper manner, (B) the establishment of statutory, regulatory or 596 |
---|
687 | | - | contractual standards to which a regulated person, entity or state 597 |
---|
688 | | - | contractor shall be held, (C) the enforcement of statutory, regulatory or 598 |
---|
689 | | - | contractual requirements governing public health or safety, [or] (D) 599 |
---|
690 | | - | criminal or civil law enforcement, or (E) the provision of essential 600 |
---|
691 | | - | human services to residents of the state who would otherwise lack the 601 |
---|
692 | | - | support necessary to assure basic human needs. If any part of such 602 |
---|
693 | | - | business case is based upon evidence that the state contracting agency 603 |
---|
694 | | - | is not sufficiently staffed to provide the core governmental function 604 |
---|
695 | | - | required by the privatization contract, the state contracting agency shall 605 |
---|
696 | | - | also include within such business case a plan for remediation of the 606 |
---|
697 | | - | understaffing to allow such services to be provided directly by the state 607 |
---|
698 | | - | contracting agency in the future. 608 |
---|
699 | | - | Sec. 12. Subdivisions (2) to (4), inclusive, of subsection (l) of section 609 |
---|
700 | | - | 4e-16 of the general statutes are repealed and the following is 610 |
---|
701 | | - | substituted in lieu thereof (Effective July 1, 2025): 611 |
---|
702 | | - | (2) If such cost-benefit analysis identifies a ten per cent or more cost 612 |
---|
703 | | - | savings to the state contracting agency from the use of such 613 |
---|
704 | | - | privatization contract and such contract does not diminish the quality 614 |
---|
705 | | - | of the service provided, such state contracting agency shall develop a 615 |
---|
706 | | - | business case for the renewal of such privatization contract in 616 |
---|
707 | | - | accordance with the provisions of subsections (d) and (e) of this section. 617 |
---|
708 | | - | The board shall review such contract in accordance with the provisions 618 Substitute Bill No. 1499 |
---|
| 698 | + | LCO No. 4155 20 of 43 |
---|
| 699 | + | |
---|
| 700 | + | qualitative impact of the proposed privatization contract on the existing 562 |
---|
| 701 | + | state workforce, (9) a description of the current market for the services 563 |
---|
| 702 | + | or activities that are the subject of such business case, [(8)] (10) an 564 |
---|
| 703 | + | analysis of the quality of services as gauged by standardized measures 565 |
---|
| 704 | + | and key performance requirements including compensation, turnover, 566 |
---|
| 705 | + | and staffing ratios, [(9)] (11) a description of the specific results-based 567 |
---|
| 706 | + | performance standards that shall, at a minimum be met, to ensure 568 |
---|
| 707 | + | adequate performance by any party performing such service or activity, 569 |
---|
| 708 | + | [(10)] (12) the projected time frame for key events from the beginning of 570 |
---|
| 709 | + | the procurement process through the expiration of a contract, if 571 |
---|
| 710 | + | applicable, [(11)] (13) a specific and feasible contingency plan that 572 |
---|
| 711 | + | addresses contractor nonperformance and a description of the tasks 573 |
---|
| 712 | + | involved in and costs required for implementation of such plan, and 574 |
---|
| 713 | + | [(12)] (14) a transition plan, if appropriate, for addressing changes in the 575 |
---|
| 714 | + | number of agency personnel, affected business processes, employee 576 |
---|
| 715 | + | transition issues, and communications with affected stakeholders, such 577 |
---|
| 716 | + | as agency clients and members of the public, if applicable. Such 578 |
---|
| 717 | + | transition plan shall contain a reemployment and retraining assistance 579 |
---|
| 718 | + | plan for employees who are not retained by the state or quasi-public 580 |
---|
| 719 | + | agency or employed by the contractor. If the primary purpose of the 581 |
---|
| 720 | + | proposed privatization contract is to provide a core governmental 582 |
---|
| 721 | + | function, such business case shall also include information sufficient to 583 |
---|
| 722 | + | rebut the presumption that such core governmental function should not 584 |
---|
| 723 | + | be privatized. Such presumption shall not be construed to prohibit a 585 |
---|
| 724 | + | state contracting agency from contracting for specialized technical 586 |
---|
| 725 | + | expertise not available within such agency, provided such agency shall 587 |
---|
| 726 | + | retain responsibility for such core governmental function. For the 588 |
---|
| 727 | + | purposes of this section, "core governmental function" means a function 589 |
---|
| 728 | + | for which the primary purpose is (A) the inspection for adherence to 590 |
---|
| 729 | + | health and safety standards because public health or safety may be 591 |
---|
| 730 | + | jeopardized if such inspection is not done or is not done in a timely or 592 |
---|
| 731 | + | proper manner, (B) the establishment of statutory, regulatory or 593 |
---|
| 732 | + | contractual standards to which a regulated person, entity or state 594 |
---|
| 733 | + | contractor shall be held, (C) the enforcement of statutory, regulatory or 595 |
---|
| 734 | + | Raised Bill No. 1499 |
---|
713 | | - | of subsections (f) to (h), inclusive, of this section and may approve such 619 |
---|
714 | | - | renewal by the applicable vote of the board, provided any such renewal 620 |
---|
715 | | - | that is estimated to cost in excess of one hundred fifty million dollars 621 |
---|
716 | | - | annually or six hundred million dollars or more over the life of the 622 |
---|
717 | | - | contract shall also be approved by the General Assembly prior to the 623 |
---|
718 | | - | state contracting agency renewing such contract. If such renewal is 624 |
---|
719 | | - | approved by the board and the General Assembly, if applicable, the 625 |
---|
720 | | - | provisions of subsection (j) of this section shall apply to any proposed 626 |
---|
721 | | - | amendment to such contract. 627 |
---|
722 | | - | (3) If such cost-benefit analysis identifies a cost savings to the state 628 |
---|
723 | | - | contracting agency of less than ten per cent, such state contracting 629 |
---|
724 | | - | agency shall prepare a plan to have such service provided by state 630 |
---|
725 | | - | employees, or, in the case of a state contracting agency that is a quasi-631 |
---|
726 | | - | public agency, by the employees of the quasi-public agency, and shall 632 |
---|
727 | | - | begin to implement such plan, provided: (A) While such plan is 633 |
---|
728 | | - | prepared, but prior to implementation of such plan, such state 634 |
---|
729 | | - | contracting agency may develop a business case for such privatization 635 |
---|
730 | | - | contract, in accordance with the provisions of subsection (d) of this 636 |
---|
731 | | - | section, that achieves a cost savings to the state contracting agency of 637 |
---|
732 | | - | ten per cent or more. Any such business case shall be reviewed by the 638 |
---|
733 | | - | board in accordance with the provisions of subsections (f) to (h), 639 |
---|
734 | | - | inclusive, of this section, and may be approved by the applicable vote of 640 |
---|
735 | | - | the board; (B) such privatization contract shall not be renewed with the 641 |
---|
736 | | - | vendor currently providing such service unless: (i) There exists a 642 |
---|
737 | | - | significant public interest in renewing such contract, and (ii) such 643 |
---|
738 | | - | renewal is approved by a two-thirds vote of the board; (C) the state 644 |
---|
739 | | - | contracting agency may enter into a contract with a term of one year or 645 |
---|
740 | | - | less for the provision of such service until such state contracting agency 646 |
---|
741 | | - | implements such plan; and (D) the procedure for the transfer of funds 647 |
---|
742 | | - | from the General Fund, as described in section 4-94, may be utilized to 648 |
---|
743 | | - | allocate necessary resources for the implementation of the provisions of 649 |
---|
744 | | - | this subdivision. 650 |
---|
745 | | - | (4) Notwithstanding the provisions of subdivision (3) of this 651 |
---|
746 | | - | subsection, the renewal of a privatization contract with a nonprofit 652 Substitute Bill No. 1499 |
---|
| 738 | + | LCO No. 4155 21 of 43 |
---|
| 739 | + | |
---|
| 740 | + | contractual requirements governing public health or safety, [or] (D) 596 |
---|
| 741 | + | criminal or civil law enforcement, or (E) the provision of essential 597 |
---|
| 742 | + | human services to residents of the state who would otherwise lack the 598 |
---|
| 743 | + | support necessary to assure basic human needs. If any part of such 599 |
---|
| 744 | + | business case is based upon evidence that the state contracting agency 600 |
---|
| 745 | + | is not sufficiently staffed to provide the core governmental function 601 |
---|
| 746 | + | required by the privatization contract, the state contracting agency shall 602 |
---|
| 747 | + | also include within such business case a plan for remediation of the 603 |
---|
| 748 | + | understaffing to allow such services to be provided directly by the state 604 |
---|
| 749 | + | contracting agency in the future. 605 |
---|
| 750 | + | Sec. 12. Subdivisions (2) to (4), inclusive, of subsection (l) of section 606 |
---|
| 751 | + | 4e-16 of the general statutes are repealed and the following is 607 |
---|
| 752 | + | substituted in lieu thereof (Effective July 1, 2025): 608 |
---|
| 753 | + | (2) If such cost-benefit analysis identifies a ten per cent or more cost 609 |
---|
| 754 | + | savings to the state contracting agency from the use of such 610 |
---|
| 755 | + | privatization contract and such contract does not diminish the quality 611 |
---|
| 756 | + | of the service provided, such state contracting agency shall develop a 612 |
---|
| 757 | + | business case for the renewal of such privatization contract in 613 |
---|
| 758 | + | accordance with the provisions of subsections (d) and (e) of this section. 614 |
---|
| 759 | + | The board shall review such contract in accordance with the provisions 615 |
---|
| 760 | + | of subsections (f) to (h), inclusive, of this section and may approve such 616 |
---|
| 761 | + | renewal by the applicable vote of the board, provided any such renewal 617 |
---|
| 762 | + | that is estimated to cost in excess of one hundred fifty million dollars 618 |
---|
| 763 | + | annually or six hundred million dollars or more over the life of the 619 |
---|
| 764 | + | contract shall also be approved by the General Assembly prior to the 620 |
---|
| 765 | + | state contracting agency renewing such contract. If such renewal is 621 |
---|
| 766 | + | approved by the board and the General Assembly, if applicable, the 622 |
---|
| 767 | + | provisions of subsection (j) of this section shall apply to any proposed 623 |
---|
| 768 | + | amendment to such contract. 624 |
---|
| 769 | + | (3) If such cost-benefit analysis identifies a cost savings to the state 625 |
---|
| 770 | + | contracting agency of less than ten per cent, such state contracting 626 |
---|
| 771 | + | agency shall prepare a plan to have such service provided by state 627 |
---|
| 772 | + | Raised Bill No. 1499 |
---|
751 | | - | organization shall not be denied if the cost of increasing compensation 653 |
---|
752 | | - | to employees performing the privatized service is the sole cause for such 654 |
---|
753 | | - | contract not achieving a cost savings to the state contracting agency of 655 |
---|
754 | | - | ten per cent or more. 656 |
---|
755 | | - | Sec. 13. Subsection (n) of section 4e-16 of the general statutes is 657 |
---|
756 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 658 |
---|
757 | | - | 2025): 659 |
---|
758 | | - | (n) The State Contracting Standards Board, in consultation with the 660 |
---|
759 | | - | Department of Administrative Services, shall: (1) Recommend and 661 |
---|
760 | | - | implement standards and procedures for state contracting agencies to 662 |
---|
761 | | - | develop business cases in connection with privatization contracts, 663 |
---|
762 | | - | including templates for use by state contracting agencies when 664 |
---|
763 | | - | submitting business cases to the board, and policies and procedures to 665 |
---|
764 | | - | guide state contracting agencies to complete such business cases, and (2) 666 |
---|
765 | | - | develop guidelines and procedures for assisting state employees or 667 |
---|
766 | | - | quasi-public agency employees whose jobs are affected by a 668 |
---|
767 | | - | privatization contract. 669 |
---|
768 | | - | Sec. 14. Subsection (p) of section 4e-16 of the general statutes is 670 |
---|
769 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 671 |
---|
770 | | - | 2025): 672 |
---|
771 | | - | (p) Prior to entering into or renewing any privatization contract that 673 |
---|
772 | | - | is not subject to the provisions of subsection (a) of this section, the state 674 |
---|
773 | | - | contracting agency shall evaluate such contract to determine if entering 675 |
---|
774 | | - | into or renewing such contract is the most cost-effective method of 676 |
---|
775 | | - | delivering the service, by determining the costs, as defined in subsection 677 |
---|
776 | | - | (b) of this section, of such service. The state contracting agency shall 678 |
---|
777 | | - | perform such evaluation in accordance with a template prescribed by 679 |
---|
778 | | - | the Secretary of the Office of Policy and Management, in consultation 680 |
---|
779 | | - | with the board, pursuant to subsection (m) of this section, and such 681 |
---|
780 | | - | evaluation shall be [subject to verification by the secretary] submitted to 682 |
---|
781 | | - | the board. The secretary may, in consultation with the Chief 683 |
---|
782 | | - | Procurement Officer of the board, waive the requirement for an 684 Substitute Bill No. 1499 |
---|
| 776 | + | LCO No. 4155 22 of 43 |
---|
| 777 | + | |
---|
| 778 | + | employees, [and] or, in the case of a state contracting agency that is a 628 |
---|
| 779 | + | quasi-public agency, by the employees of the quasi-public agency, and 629 |
---|
| 780 | + | shall begin to implement such plan, provided: (A) While such plan is 630 |
---|
| 781 | + | prepared, but prior to implementation of such plan, such state 631 |
---|
| 782 | + | contracting agency may develop a business case for such privatization 632 |
---|
| 783 | + | contract, in accordance with the provisions of subsection (d) of this 633 |
---|
| 784 | + | section, that achieves a cost savings to the state contracting agency of 634 |
---|
| 785 | + | ten per cent or more. Any such business case shall be reviewed by the 635 |
---|
| 786 | + | board in accordance with the provisions of subsections (f) to (h), 636 |
---|
| 787 | + | inclusive, of this section, and may be approved by the applicable vote of 637 |
---|
| 788 | + | the board; (B) such privatization contract shall not be renewed with the 638 |
---|
| 789 | + | vendor currently providing such service unless: (i) There exists a 639 |
---|
| 790 | + | significant public interest in renewing such contract, and (ii) such 640 |
---|
| 791 | + | renewal is approved by a two-thirds vote of the board; (C) the state 641 |
---|
| 792 | + | contracting agency may enter into a contract with a term of one year or 642 |
---|
| 793 | + | less for the provision of such service until such state contracting agency 643 |
---|
| 794 | + | implements such plan; and (D) the procedure for the transfer of funds 644 |
---|
| 795 | + | from the General Fund, as described in section 4-94, may be utilized to 645 |
---|
| 796 | + | allocate necessary resources for the implementation of the provisions of 646 |
---|
| 797 | + | this subdivision. 647 |
---|
| 798 | + | (4) Notwithstanding the provisions of subdivision (3) of this 648 |
---|
| 799 | + | subsection, the renewal of a privatization contract with a nonprofit 649 |
---|
| 800 | + | organization shall not be denied if the cost of increasing compensation 650 |
---|
| 801 | + | to employees performing the privatized service is the sole cause for such 651 |
---|
| 802 | + | contract not achieving a cost savings to the state contracting agency of 652 |
---|
| 803 | + | ten per cent or more. 653 |
---|
| 804 | + | Sec. 13. Subsection (n) of section 4e-16 of the general statutes is 654 |
---|
| 805 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 655 |
---|
| 806 | + | 2025): 656 |
---|
| 807 | + | (n) The State Contracting Standards Board, in consultation with the 657 |
---|
| 808 | + | Department of Administrative Services, shall: (1) Recommend and 658 |
---|
| 809 | + | implement standards and procedures for state contracting agencies to 659 |
---|
| 810 | + | Raised Bill No. 1499 |
---|
787 | | - | evaluation of cost-effectiveness under this subsection upon a finding by 685 |
---|
788 | | - | the secretary that exigent or emergent circumstances necessitate such 686 |
---|
789 | | - | waiver. 687 |
---|
790 | | - | Sec. 15. Section 4e-17 of the general statutes is repealed and the 688 |
---|
791 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 689 |
---|
792 | | - | (a) Except as otherwise provided, the provisions of sections 4e-16 to 690 |
---|
793 | | - | 4e-47, inclusive, as amended by this act, shall apply to all contracts 691 |
---|
794 | | - | solicited or entered into by [state contracting agencies] a state 692 |
---|
795 | | - | contracting agency that is a state agency after June 1, 2010, and all 693 |
---|
796 | | - | contracts solicited or entered into by a state contracting agency that is a 694 |
---|
797 | | - | quasi-public agency on or after July 1, 2025. 695 |
---|
798 | | - | (b) Except as otherwise provided, the provisions of sections 4e-16 to 696 |
---|
799 | | - | 4e-47, inclusive, as amended by this act, shall apply to every 697 |
---|
800 | | - | expenditure of public funds by any state contracting agency, 698 |
---|
801 | | - | irrespective of their source, involving any state contracting agency 699 |
---|
802 | | - | contracting and procurement processes, including, but not limited to, 700 |
---|
803 | | - | leasing and property transfers, purchasing or leasing of supplies, 701 |
---|
804 | | - | materials or equipment, consultant or consultant services, personal 702 |
---|
805 | | - | service agreements, purchase of service agreements or privatization 703 |
---|
806 | | - | contracts, [as defined in section 4e-1,] and, relating to contracts for the 704 |
---|
807 | | - | construction, reconstruction, alteration, remodeling, repair or 705 |
---|
808 | | - | demolition of any public building, bridge or road. 706 |
---|
809 | | - | (c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 707 |
---|
810 | | - | act, shall be construed to require the application of procurement statutes 708 |
---|
811 | | - | or regulations to a procurement that involves the expenditure of federal 709 |
---|
812 | | - | assistance or federal contract funds if federal law provides procurement 710 |
---|
813 | | - | procedures applicable to the expenditure of such funds, to the extent 711 |
---|
814 | | - | such federal procedures are inconsistent with state procurement 712 |
---|
815 | | - | statutes or regulations. 713 |
---|
816 | | - | Sec. 16. Section 4e-18 of the general statutes is repealed and the 714 |
---|
817 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 715 Substitute Bill No. 1499 |
---|
| 814 | + | LCO No. 4155 23 of 43 |
---|
| 815 | + | |
---|
| 816 | + | develop business cases in connection with privatization contracts, 660 |
---|
| 817 | + | including templates for use by state contracting agencies when 661 |
---|
| 818 | + | submitting business cases to the board, and policies and procedures to 662 |
---|
| 819 | + | guide state contracting agencies to complete such business cases, and (2) 663 |
---|
| 820 | + | develop guidelines and procedures for assisting state employees or 664 |
---|
| 821 | + | quasi-public agency employees whose jobs are affected by a 665 |
---|
| 822 | + | privatization contract. 666 |
---|
| 823 | + | Sec. 14. Subsection (p) of section 4e-16 of the general statutes is 667 |
---|
| 824 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 668 |
---|
| 825 | + | 2025): 669 |
---|
| 826 | + | (p) Prior to entering into or renewing any privatization contract that 670 |
---|
| 827 | + | is not subject to the provisions of subsection (a) of this section, the state 671 |
---|
| 828 | + | contracting agency shall evaluate such contract to determine if entering 672 |
---|
| 829 | + | into or renewing such contract is the most cost-effective method of 673 |
---|
| 830 | + | delivering the service, by determining the costs, as defined in subsection 674 |
---|
| 831 | + | (b) of this section, of such service. The state contracting agency shall 675 |
---|
| 832 | + | perform such evaluation in accordance with a template prescribed by 676 |
---|
| 833 | + | the Secretary of the Office of Policy and Management, in consultation 677 |
---|
| 834 | + | with the board, pursuant to subsection (m) of this section, and such 678 |
---|
| 835 | + | evaluation shall be [subject to verification by the secretary] submitted to 679 |
---|
| 836 | + | the board. The secretary may, in consultation with the Chief 680 |
---|
| 837 | + | Procurement Officer of the board, waive the requirement for an 681 |
---|
| 838 | + | evaluation of cost-effectiveness under this subsection upon a finding by 682 |
---|
| 839 | + | the secretary that exigent or emergent circumstances necessitate such 683 |
---|
| 840 | + | waiver. 684 |
---|
| 841 | + | Sec. 15. Section 4e-17 of the general statutes is repealed and the 685 |
---|
| 842 | + | following is substituted in lieu thereof (Effective July 1, 2025): 686 |
---|
| 843 | + | (a) Except as otherwise provided, the provisions of sections 4e-16 to 687 |
---|
| 844 | + | 4e-47, inclusive, as amended by this act, shall apply to all contracts 688 |
---|
| 845 | + | solicited or entered into by [state contracting agencies] a state 689 |
---|
| 846 | + | contracting agency that is a state agency after June 1, 2010, and all 690 |
---|
| 847 | + | Raised Bill No. 1499 |
---|
822 | | - | For the purpose of obtaining supplies, materials, equipment or 716 |
---|
823 | | - | contractual services, except infrastructure facilities, the Commissioner 717 |
---|
824 | | - | of Administrative Services shall establish a requisition system to be used 718 |
---|
825 | | - | by state contracting agencies that are not quasi-public agencies to 719 |
---|
826 | | - | initiate and authorize the procurement process. Such system shall be 720 |
---|
827 | | - | approved by the State Contracting Standards Board. 721 |
---|
828 | | - | Sec. 17. Subsection (c) of section 4e-21 of the general statutes is 722 |
---|
829 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 723 |
---|
830 | | - | 2025): 724 |
---|
831 | | - | (c) The State Contracting Standards Board, in consultation with the 725 |
---|
832 | | - | Commissioner of Administrative Services, may waive the requirement 726 |
---|
833 | | - | of competitive bidding or competitive negotiation in the case of minor, 727 |
---|
834 | | - | nonrecurring or emergency purchases of ten thousand dollars or less in 728 |
---|
835 | | - | amount, upon application of the state contracting agency. Any state 729 |
---|
836 | | - | contracting agency that obtains such a waiver for such an emergency 730 |
---|
837 | | - | purchase shall post notice of such emergency purchase on the Internet 731 |
---|
838 | | - | web site of the state contracting agency prior to making such emergency 732 |
---|
839 | | - | purchase. 733 |
---|
840 | | - | Sec. 18. Section 4e-24 of the general statutes is repealed and the 734 |
---|
841 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 735 |
---|
842 | | - | (a) [Not later than June 1, 2010, the State Contracting Standards 736 |
---|
843 | | - | Board, in consultation with the Commissioner of Administrative 737 |
---|
844 | | - | Services and any other appropriate award authority, shall adopt 738 |
---|
845 | | - | regulations, in accordance with the provisions of chapter 54, permitting] 739 |
---|
846 | | - | If an emergency [procurements when there exists] procurement is 740 |
---|
847 | | - | deemed necessary by a state contracting agency due to a threat to public 741 |
---|
848 | | - | health, welfare or safety, the state contracting agency shall give notice 742 |
---|
849 | | - | to the board of the need for such emergency procurement. Such 743 |
---|
850 | | - | emergency [procurements] procurement shall be made with 744 |
---|
851 | | - | competition, as is practicable under the circumstances. [Said regulations 745 |
---|
852 | | - | shall require that] The state contracting agency shall (1) include a 746 |
---|
853 | | - | written determination of the basis for the emergency and for the 747 Substitute Bill No. 1499 |
---|
| 851 | + | LCO No. 4155 24 of 43 |
---|
| 852 | + | |
---|
| 853 | + | contracts solicited or entered into by a state contracting agency that is a 691 |
---|
| 854 | + | quasi-public agency on or after July 1, 2025. 692 |
---|
| 855 | + | (b) Except as otherwise provided, the provisions of sections 4e-16 to 693 |
---|
| 856 | + | 4e-47, inclusive, as amended by this act, shall apply to every 694 |
---|
| 857 | + | expenditure of public funds by any state contracting agency, 695 |
---|
| 858 | + | irrespective of their source, involving any state contracting agency 696 |
---|
| 859 | + | contracting and procurement processes, including, but not limited to, 697 |
---|
| 860 | + | leasing and property transfers, purchasing or leasing of supplies, 698 |
---|
| 861 | + | materials or equipment, consultant or consultant services, personal 699 |
---|
| 862 | + | service agreements, purchase of service agreements or privatization 700 |
---|
| 863 | + | contracts, [as defined in section 4e-1,] and, relating to contracts for the 701 |
---|
| 864 | + | construction, reconstruction, alteration, remodeling, repair or 702 |
---|
| 865 | + | demolition of any public building, bridge or road. 703 |
---|
| 866 | + | (c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 704 |
---|
| 867 | + | act, shall be construed to require the application of procurement statutes 705 |
---|
| 868 | + | or regulations to a procurement that involves the expenditure of federal 706 |
---|
| 869 | + | assistance or federal contract funds if federal law provides procurement 707 |
---|
| 870 | + | procedures applicable to the expenditure of such funds, to the extent 708 |
---|
| 871 | + | such federal procedures are inconsistent with state procurement 709 |
---|
| 872 | + | statutes or regulations. 710 |
---|
| 873 | + | Sec. 16. Section 4e-18 of the general statutes is repealed and the 711 |
---|
| 874 | + | following is substituted in lieu thereof (Effective July 1, 2025): 712 |
---|
| 875 | + | For the purpose of obtaining supplies, materials, equipment or 713 |
---|
| 876 | + | contractual services, except infrastructure facilities, the Commissioner 714 |
---|
| 877 | + | of Administrative Services shall establish a requisition system to be used 715 |
---|
| 878 | + | by state contracting agencies that are not quasi-public agencies to 716 |
---|
| 879 | + | initiate and authorize the procurement process. Such system shall be 717 |
---|
| 880 | + | approved by the State Contracting Standards Board. 718 |
---|
| 881 | + | Sec. 17. Subsection (c) of section 4e-21 of the general statutes is 719 |
---|
| 882 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 720 |
---|
| 883 | + | 2025): 721 |
---|
| 884 | + | Raised Bill No. 1499 |
---|
858 | | - | selection of the particular contractor [be included] in the contract file, 748 |
---|
859 | | - | [and transmitted] (2) transmit such determination to the Governor, the 749 |
---|
860 | | - | president pro tempore of the Senate, the majority and minority leaders 750 |
---|
861 | | - | of the Senate, the speaker of the House of Representatives and the 751 |
---|
862 | | - | majority and minority leaders of the House of Representatives, and (3) 752 |
---|
863 | | - | post such determination on the Internet web site of the state contracting 753 |
---|
864 | | - | agency. 754 |
---|
865 | | - | (b) The State Contracting Standards Board may adopt regulations in 755 |
---|
866 | | - | accordance with the provisions of chapter 54 to implement the 756 |
---|
867 | | - | provisions of this section. 757 |
---|
868 | | - | Sec. 19. Section 4e-27 of the general statutes is repealed and the 758 |
---|
869 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 759 |
---|
870 | | - | Not later than June 1, 2010, the State Contracting Standards Board, in 760 |
---|
871 | | - | consultation with the Attorney General, shall adopt regulations, in 761 |
---|
872 | | - | accordance with the provisions of chapter 54, specifying the types of 762 |
---|
873 | | - | contracts that may be used by state contracting agencies. Such 763 |
---|
874 | | - | regulations shall specify that a cost-reimbursement contract may be 764 |
---|
875 | | - | used only when a determination is made in writing by the agency 765 |
---|
876 | | - | procurement officer that such contract is likely to be less costly to the 766 |
---|
877 | | - | state contracting agency than any other type or that it is impracticable 767 |
---|
878 | | - | to obtain the supplies, services or construction required except under 768 |
---|
879 | | - | such a contract. 769 |
---|
880 | | - | Sec. 20. Subsection (a) of section 4e-30 of the general statutes is 770 |
---|
881 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 771 |
---|
882 | | - | 2025): 772 |
---|
883 | | - | (a) A state contracting agency shall evaluate the financial condition 773 |
---|
884 | | - | of all bidders or proposers prior to selecting a bidder or proposer to 774 |
---|
885 | | - | perform a contract or subcontract. A state contracting agency may audit 775 |
---|
886 | | - | the books and records of a contractor or any subcontractor under any 776 |
---|
887 | | - | negotiated contract or subcontract to the extent that such books and 777 |
---|
888 | | - | records relate to the performance of such contract or subcontract. Such 778 |
---|
889 | | - | books and records shall be maintained by the contractor for a period of 779 Substitute Bill No. 1499 |
---|
| 888 | + | LCO No. 4155 25 of 43 |
---|
| 889 | + | |
---|
| 890 | + | (c) The State Contracting Standards Board, in consultation with the 722 |
---|
| 891 | + | Commissioner of Administrative Services, may waive the requirement 723 |
---|
| 892 | + | of competitive bidding or competitive negotiation in the case of minor, 724 |
---|
| 893 | + | nonrecurring or emergency purchases of ten thousand dollars or less in 725 |
---|
| 894 | + | amount, upon application of the state contracting agency. Any state 726 |
---|
| 895 | + | contracting agency that obtains such a waiver for such an emergency 727 |
---|
| 896 | + | purchase shall post notice of such emergency purchase on the Internet 728 |
---|
| 897 | + | web site of the state contracting agency prior to making such emergency 729 |
---|
| 898 | + | purchase. 730 |
---|
| 899 | + | Sec. 18. Section 4e-24 of the general statutes is repealed and the 731 |
---|
| 900 | + | following is substituted in lieu thereof (Effective July 1, 2025): 732 |
---|
| 901 | + | [Not later than June 1, 2010, the State Contracting Standards Board, 733 |
---|
| 902 | + | in consultation with the Commissioner of Administrative Services and 734 |
---|
| 903 | + | any other appropriate award authority, shall adopt regulations, in 735 |
---|
| 904 | + | accordance with the provisions of chapter 54, permitting] (a) If an 736 |
---|
| 905 | + | emergency [procurements when there exists] procurement is deemed 737 |
---|
| 906 | + | necessary by a state contracting agency due to a threat to public health, 738 |
---|
| 907 | + | welfare or safety, the state contracting agency shall give notice to the 739 |
---|
| 908 | + | board of the need for such emergency procurement. Such emergency 740 |
---|
| 909 | + | [procurements] procurement shall be made with competition, as is 741 |
---|
| 910 | + | practicable under the circumstances. [Said regulations shall require that] 742 |
---|
| 911 | + | The state contracting agency shall (1) include a written determination of 743 |
---|
| 912 | + | the basis for the emergency and for the selection of the particular 744 |
---|
| 913 | + | contractor [be included] in the contract file, [and transmitted] (2) 745 |
---|
| 914 | + | transmit such determination to the Governor, the president pro tempore 746 |
---|
| 915 | + | of the Senate, the majority and minority leaders of the Senate, the 747 |
---|
| 916 | + | speaker of the House of Representatives and the majority and minority 748 |
---|
| 917 | + | leaders of the House of Representatives, and (3) post such determination 749 |
---|
| 918 | + | on the Internet web site of the state contracting agency. 750 |
---|
| 919 | + | (b) The State Contracting Standards Board may adopt regulations in 751 |
---|
| 920 | + | accordance with the provisions of chapter 54 to implement the 752 |
---|
| 921 | + | provisions of this section. 753 |
---|
| 922 | + | Raised Bill No. 1499 |
---|
894 | | - | three years from the date of final payment under the prime contract and 780 |
---|
895 | | - | by the subcontractor for a period of three years from the expiration of 781 |
---|
896 | | - | the subcontract. 782 |
---|
897 | | - | Sec. 21. Section 4e-31 of the general statutes is repealed and the 783 |
---|
898 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 784 |
---|
899 | | - | When, for any reason, collusion or other anticompetitive practices are 785 |
---|
900 | | - | suspected among any bidders or proposers for [a state] the contract of a 786 |
---|
901 | | - | state contracting agency, a notice of the relevant facts shall be 787 |
---|
902 | | - | transmitted to the Attorney General by any affected party, including, 788 |
---|
903 | | - | but not limited to, the state contracting agency, a bidder or a proposer. 789 |
---|
904 | | - | Sec. 22. Section 4e-34 of the general statutes is repealed and the 790 |
---|
905 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 791 |
---|
906 | | - | (a) After reasonable notice and hearing and consultation with the 792 |
---|
907 | | - | relevant state contracting agency and the Attorney General, the State 793 |
---|
908 | | - | Contracting Standards Board, acting through a subcommittee of three 794 |
---|
909 | | - | members, appointed by the chairperson, which subcommittee shall 795 |
---|
910 | | - | include not less than one legislative appointee, may disqualify any 796 |
---|
911 | | - | contractor, bidder or proposer, for a period of not more than five years, 797 |
---|
912 | | - | from bidding on, applying for or participating as a contractor or 798 |
---|
913 | | - | subcontractor under, contracts with [the state] a state contracting 799 |
---|
914 | | - | agency. Such disqualification shall be upon the vote of two-thirds of the 800 |
---|
915 | | - | members of the subcommittee present and voting for that purpose. Such 801 |
---|
916 | | - | hearing shall be conducted in accordance with the provisions of chapter 802 |
---|
917 | | - | 54. The subcommittee shall issue a written recommendation not later 803 |
---|
918 | | - | than sixty days after the conclusion of such hearing, and shall state the 804 |
---|
919 | | - | reason for the recommended action and, if the disqualification is 805 |
---|
920 | | - | recommended, the period of time the contractor, bidder or proposer 806 |
---|
921 | | - | shall be disqualified. In determining whether to disqualify a contractor, 807 |
---|
922 | | - | bidder or proposer, the subcommittee shall consider the seriousness of 808 |
---|
923 | | - | the acts or omissions of the contractor, bidder or proposer and any 809 |
---|
924 | | - | mitigating factors. Such recommendation shall be submitted to the 810 |
---|
925 | | - | board for action and sent to the contractor by certified mail, return 811 Substitute Bill No. 1499 |
---|
| 926 | + | LCO No. 4155 26 of 43 |
---|
| 927 | + | |
---|
| 928 | + | Sec. 19. Section 4e-27 of the general statutes is repealed and the 754 |
---|
| 929 | + | following is substituted in lieu thereof (Effective July 1, 2025): 755 |
---|
| 930 | + | Not later than June 1, 2010, the State Contracting Standards Board, in 756 |
---|
| 931 | + | consultation with the Attorney General, shall adopt regulations, in 757 |
---|
| 932 | + | accordance with the provisions of chapter 54, specifying the types of 758 |
---|
| 933 | + | contracts that may be used by state contracting agencies. Such 759 |
---|
| 934 | + | regulations shall specify that a cost-reimbursement contract may be 760 |
---|
| 935 | + | used only when a determination is made in writing by the agency 761 |
---|
| 936 | + | procurement officer that such contract is likely to be less costly to the 762 |
---|
| 937 | + | state contracting agency than any other type or that it is impracticable 763 |
---|
| 938 | + | to obtain the supplies, services or construction required except under 764 |
---|
| 939 | + | such a contract. 765 |
---|
| 940 | + | Sec. 20. Subsection (a) of section 4e-30 of the general statutes is 766 |
---|
| 941 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 767 |
---|
| 942 | + | 2025): 768 |
---|
| 943 | + | (a) A state contracting agency shall evaluate the financial condition 769 |
---|
| 944 | + | of all bidders or proposers prior to selecting a bidder or proposer to 770 |
---|
| 945 | + | perform a contract or subcontract. A state contracting agency may audit 771 |
---|
| 946 | + | the books and records of a contractor or any subcontractor under any 772 |
---|
| 947 | + | negotiated contract or subcontract to the extent that such books and 773 |
---|
| 948 | + | records relate to the performance of such contract or subcontract. Such 774 |
---|
| 949 | + | books and records shall be maintained by the contractor for a period of 775 |
---|
| 950 | + | three years from the date of final payment under the prime contract and 776 |
---|
| 951 | + | by the subcontractor for a period of three years from the expiration of 777 |
---|
| 952 | + | the subcontract. 778 |
---|
| 953 | + | Sec. 21. Section 4e-31 of the general statutes is repealed and the 779 |
---|
| 954 | + | following is substituted in lieu thereof (Effective July 1, 2025): 780 |
---|
| 955 | + | When, for any reason, collusion or other anticompetitive practices are 781 |
---|
| 956 | + | suspected among any bidders or proposers for [a state] the contract of a 782 |
---|
| 957 | + | state contracting agency, a notice of the relevant facts shall be 783 |
---|
| 958 | + | transmitted to the Attorney General by any affected party, including, 784 |
---|
| 959 | + | Raised Bill No. 1499 |
---|
930 | | - | receipt requested. If disqualification is recommended, the contractor 812 |
---|
931 | | - | shall have thirty days to submit comments to the board. Upon receipt of 813 |
---|
932 | | - | the proposed recommendation by the subcommittee, the board shall 814 |
---|
933 | | - | issue a written decision either adopting, rejecting or modifying the 815 |
---|
934 | | - | subcommittee's recommendation. Such decision shall be issued not later 816 |
---|
935 | | - | than thirty days after receipt by the board of the contractor's comments, 817 |
---|
936 | | - | if any. The board shall send the decision to the contractor by certified 818 |
---|
937 | | - | mail, return receipt requested. The written decision shall be a final 819 |
---|
938 | | - | decision for purposes of sections 4-180 and 4-183. 820 |
---|
939 | | - | (b) Causes for such disqualification shall include the following: 821 |
---|
940 | | - | (1) Conviction of, or entry of a plea of guilty or nolo contendere or 822 |
---|
941 | | - | admission to, the commission of a criminal offense as an incident to 823 |
---|
942 | | - | obtaining or attempting to obtain a public or private contract or 824 |
---|
943 | | - | subcontract, or in the performance of such contract or subcontract; 825 |
---|
944 | | - | (2) Conviction of, or entry of a plea of guilty or nolo contendere or 826 |
---|
945 | | - | admission to, the violation of any state or federal law for embezzlement, 827 |
---|
946 | | - | theft, forgery, bribery, falsification or destruction of records, receiving 828 |
---|
947 | | - | stolen property or any other offense indicating a lack of business 829 |
---|
948 | | - | integrity or business honesty which affects responsibility as a state 830 |
---|
949 | | - | contractor; 831 |
---|
950 | | - | (3) Conviction of, or entry of a plea of guilty or nolo contendere or 832 |
---|
951 | | - | admission to, a violation of any state or federal antitrust, collusion or 833 |
---|
952 | | - | conspiracy law arising out of the submission of bids or proposals on a 834 |
---|
953 | | - | public or private contract or subcontract; 835 |
---|
954 | | - | (4) Accumulation of two or more suspensions pursuant to section 4e-836 |
---|
955 | | - | 35, as amended by this act, within a twenty-four-month period; 837 |
---|
956 | | - | (5) A wilful, negligent or reckless failure to perform in accordance 838 |
---|
957 | | - | with the terms of one or more contracts or subcontracts, agreements or 839 |
---|
958 | | - | transactions with state contracting agencies; 840 |
---|
959 | | - | (6) A history of failure to perform or of unsatisfactory performance 841 Substitute Bill No. 1499 |
---|
| 963 | + | LCO No. 4155 27 of 43 |
---|
| 964 | + | |
---|
| 965 | + | but not limited to, the state contracting agency, a bidder or a proposer. 785 |
---|
| 966 | + | Sec. 22. Section 4e-34 of the general statutes is repealed and the 786 |
---|
| 967 | + | following is substituted in lieu thereof (Effective July 1, 2025): 787 |
---|
| 968 | + | (a) After reasonable notice and hearing and consultation with the 788 |
---|
| 969 | + | relevant state contracting agency and the Attorney General, the State 789 |
---|
| 970 | + | Contracting Standards Board, acting through a subcommittee of three 790 |
---|
| 971 | + | members, appointed by the chairperson, which subcommittee shall 791 |
---|
| 972 | + | include not less than one legislative appointee, may disqualify any 792 |
---|
| 973 | + | contractor, bidder or proposer, for a period of not more than five years, 793 |
---|
| 974 | + | from bidding on, applying for or participating as a contractor or 794 |
---|
| 975 | + | subcontractor under, contracts with [the state] a state contracting 795 |
---|
| 976 | + | agency. Such disqualification shall be upon the vote of two-thirds of the 796 |
---|
| 977 | + | members of the subcommittee present and voting for that purpose. Such 797 |
---|
| 978 | + | hearing shall be conducted in accordance with the provisions of chapter 798 |
---|
| 979 | + | 54. The subcommittee shall issue a written recommendation not later 799 |
---|
| 980 | + | than sixty days after the conclusion of such hearing, and shall state the 800 |
---|
| 981 | + | reason for the recommended action and, if the disqualification is 801 |
---|
| 982 | + | recommended, the period of time the contractor, bidder or proposer 802 |
---|
| 983 | + | shall be disqualified. In determining whether to disqualify a contractor, 803 |
---|
| 984 | + | bidder or proposer, the subcommittee shall consider the seriousness of 804 |
---|
| 985 | + | the acts or omissions of the contractor, bidder or proposer and any 805 |
---|
| 986 | + | mitigating factors. Such recommendation shall be submitted to the 806 |
---|
| 987 | + | board for action and sent to the contractor by certified mail, return 807 |
---|
| 988 | + | receipt requested. If disqualification is recommended, the contractor 808 |
---|
| 989 | + | shall have thirty days to submit comments to the board. Upon receipt of 809 |
---|
| 990 | + | the proposed recommendation by the subcommittee, the board shall 810 |
---|
| 991 | + | issue a written decision either adopting, rejecting or modifying the 811 |
---|
| 992 | + | subcommittee's recommendation. Such decision shall be issued not later 812 |
---|
| 993 | + | than thirty days after receipt by the board of the contractor's comments, 813 |
---|
| 994 | + | if any. The board shall send the decision to the contractor by certified 814 |
---|
| 995 | + | mail, return receipt requested. The written decision shall be a final 815 |
---|
| 996 | + | decision for purposes of sections 4-180 and 4-183. 816 |
---|
| 997 | + | Raised Bill No. 1499 |
---|
964 | | - | on one or more public contracts, agreements or transactions with state 842 |
---|
965 | | - | contracting agencies; 843 |
---|
966 | | - | (7) A wilful violation of a statutory or regulatory provision or 844 |
---|
967 | | - | requirement applicable to a contract, agreement or transaction with 845 |
---|
968 | | - | state contracting agencies; 846 |
---|
969 | | - | (8) A wilful or egregious violation of the ethical standards set forth in 847 |
---|
970 | | - | sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 848 |
---|
971 | | - | Advisory Board; or 849 |
---|
972 | | - | (9) Any other cause or conduct the board determines to be so serious 850 |
---|
973 | | - | and compelling as to affect responsibility as a [state] contractor, 851 |
---|
974 | | - | including, but not limited to: 852 |
---|
975 | | - | (A) Disqualification by another state for cause; 853 |
---|
976 | | - | (B) The fraudulent or criminal conduct of any officer, director, 854 |
---|
977 | | - | shareholder, partner, employee or other individual associated with a 855 |
---|
978 | | - | contractor, bidder or proposer of such contractor, bidder or proposer; [, 856 |
---|
979 | | - | provided such conduct occurred in connection with the individual's 857 |
---|
980 | | - | performance of duties for or on behalf of such contractor, bidder or 858 |
---|
981 | | - | proposer and such contractor, bidder or proposer knew or had reason 859 |
---|
982 | | - | to know of such conduct;] 860 |
---|
983 | | - | (C) The existence of an informal or formal business relationship with 861 |
---|
984 | | - | a contractor who has been disqualified from bidding or proposing on 862 |
---|
985 | | - | [state] contracts of any state contracting agency. 863 |
---|
986 | | - | (c) Upon written request by the affected [state] contractor, bidder or 864 |
---|
987 | | - | proposer, the State Contracting Standards Board may reduce the period 865 |
---|
988 | | - | or extent of disqualification for a contractor, bidder or proposer if 866 |
---|
989 | | - | documentation supporting any of the following reasons for 867 |
---|
990 | | - | modification is provided to the board by the contractor, bidder or 868 |
---|
991 | | - | proposer: 869 |
---|
992 | | - | (1) Newly discovered material evidence; 870 Substitute Bill No. 1499 |
---|
| 1001 | + | LCO No. 4155 28 of 43 |
---|
| 1002 | + | |
---|
| 1003 | + | (b) Causes for such disqualification shall include the following: 817 |
---|
| 1004 | + | (1) Conviction of, or entry of a plea of guilty or nolo contendere or 818 |
---|
| 1005 | + | admission to, the commission of a criminal offense as an incident to 819 |
---|
| 1006 | + | obtaining or attempting to obtain a public or private contract or 820 |
---|
| 1007 | + | subcontract, or in the performance of such contract or subcontract; 821 |
---|
| 1008 | + | (2) Conviction of, or entry of a plea of guilty or nolo contendere or 822 |
---|
| 1009 | + | admission to, the violation of any state or federal law for embezzlement, 823 |
---|
| 1010 | + | theft, forgery, bribery, falsification or destruction of records, receiving 824 |
---|
| 1011 | + | stolen property or any other offense indicating a lack of business 825 |
---|
| 1012 | + | integrity or business honesty which affects responsibility as a state 826 |
---|
| 1013 | + | contractor; 827 |
---|
| 1014 | + | (3) Conviction of, or entry of a plea of guilty or nolo contendere or 828 |
---|
| 1015 | + | admission to, a violation of any state or federal antitrust, collusion or 829 |
---|
| 1016 | + | conspiracy law arising out of the submission of bids or proposals on a 830 |
---|
| 1017 | + | public or private contract or subcontract; 831 |
---|
| 1018 | + | (4) Accumulation of two or more suspensions pursuant to section 4e-832 |
---|
| 1019 | + | 35, as amended by this act, within a twenty-four-month period; 833 |
---|
| 1020 | + | (5) A wilful, negligent or reckless failure to perform in accordance 834 |
---|
| 1021 | + | with the terms of one or more contracts or subcontracts, agreements or 835 |
---|
| 1022 | + | transactions with state contracting agencies; 836 |
---|
| 1023 | + | (6) A history of failure to perform or of unsatisfactory performance 837 |
---|
| 1024 | + | on one or more public contracts, agreements or transactions with state 838 |
---|
| 1025 | + | contracting agencies; 839 |
---|
| 1026 | + | (7) A wilful violation of a statutory or regulatory provision or 840 |
---|
| 1027 | + | requirement applicable to a contract, agreement or transaction with 841 |
---|
| 1028 | + | state contracting agencies; 842 |
---|
| 1029 | + | (8) A wilful or egregious violation of the ethical standards set forth in 843 |
---|
| 1030 | + | sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 844 |
---|
| 1031 | + | Advisory Board; or 845 |
---|
| 1032 | + | Raised Bill No. 1499 |
---|
997 | | - | (2) Reversal of the conviction upon which the disqualification was 871 |
---|
998 | | - | based; 872 |
---|
999 | | - | (3) Bona fide change in ownership or management; or 873 |
---|
1000 | | - | (4) Elimination of other causes for which the disqualification was 874 |
---|
1001 | | - | imposed. 875 |
---|
1002 | | - | Sec. 23. Section 4e-35 of the general statutes is repealed and the 876 |
---|
1003 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 877 |
---|
1004 | | - | (a) For purposes of this section and sections 4e-37, as amended by this 878 |
---|
1005 | | - | act, and 4e-38, as amended by this act, "contracting agency of the state" 879 |
---|
1006 | | - | does not include a quasi-public agency. After reasonable notice and a 880 |
---|
1007 | | - | hearing, conducted in accordance with the provisions of chapter 54, the 881 |
---|
1008 | | - | department head of any [state] contracting agency of the state may 882 |
---|
1009 | | - | suspend any contractor, bidder or proposer for a period of not more 883 |
---|
1010 | | - | than six months from bidding on, applying for or performing work as a 884 |
---|
1011 | | - | contractor or subcontractor under, contracts with the state. The 885 |
---|
1012 | | - | department head shall issue a written decision not later than ninety days 886 |
---|
1013 | | - | after the conclusion of such hearing and state in the decision the reasons 887 |
---|
1014 | | - | for the action taken and, if the contractor, bidder or proposer is being 888 |
---|
1015 | | - | suspended, the period of such suspension. In determining whether to 889 |
---|
1016 | | - | suspend a contractor, bidder or proposer, the department head shall 890 |
---|
1017 | | - | consider the seriousness of the acts or omissions of the contractor, 891 |
---|
1018 | | - | bidder or proposer and any mitigating factors. The department head 892 |
---|
1019 | | - | shall send such decision to the contractor and the State Contracting 893 |
---|
1020 | | - | Standards Board by certified mail, return receipt requested. Such 894 |
---|
1021 | | - | decision shall be a final decision for purposes of sections 4-180 and 4-895 |
---|
1022 | | - | 183. 896 |
---|
1023 | | - | (b) Causes for such suspension shall include the following: 897 |
---|
1024 | | - | (1) Failure without good cause to perform in accordance with 898 |
---|
1025 | | - | specifications or within the time limits provided in the contract; 899 |
---|
1026 | | - | (2) A record of failure to perform or of unsatisfactory performance in 900 Substitute Bill No. 1499 |
---|
| 1036 | + | LCO No. 4155 29 of 43 |
---|
| 1037 | + | |
---|
| 1038 | + | (9) Any other cause or conduct the board determines to be so serious 846 |
---|
| 1039 | + | and compelling as to affect responsibility as a [state] contractor, 847 |
---|
| 1040 | + | including, but not limited to: 848 |
---|
| 1041 | + | (A) Disqualification by another state for cause; 849 |
---|
| 1042 | + | (B) The fraudulent or criminal conduct of any officer, director, 850 |
---|
| 1043 | + | shareholder, partner, employee or other individual associated with a 851 |
---|
| 1044 | + | contractor, bidder or proposer of such contractor, bidder or proposer; [, 852 |
---|
| 1045 | + | provided such conduct occurred in connection with the individual's 853 |
---|
| 1046 | + | performance of duties for or on behalf of such contractor, bidder or 854 |
---|
| 1047 | + | proposer and such contractor, bidder or proposer knew or had reason 855 |
---|
| 1048 | + | to know of such conduct;] 856 |
---|
| 1049 | + | (C) The existence of an informal or formal business relationship with 857 |
---|
| 1050 | + | a contractor who has been disqualified from bidding or proposing on 858 |
---|
| 1051 | + | [state] contracts of any state contracting agency. 859 |
---|
| 1052 | + | (c) Upon written request by the affected [state] contractor, bidder or 860 |
---|
| 1053 | + | proposer, the State Contracting Standards Board may reduce the period 861 |
---|
| 1054 | + | or extent of disqualification for a contractor, bidder or proposer if 862 |
---|
| 1055 | + | documentation supporting any of the following reasons for 863 |
---|
| 1056 | + | modification is provided to the board by the contractor, bidder or 864 |
---|
| 1057 | + | proposer: 865 |
---|
| 1058 | + | (1) Newly discovered material evidence; 866 |
---|
| 1059 | + | (2) Reversal of the conviction upon which the disqualification was 867 |
---|
| 1060 | + | based; 868 |
---|
| 1061 | + | (3) Bona fide change in ownership or management; or 869 |
---|
| 1062 | + | (4) Elimination of other causes for which the disqualification was 870 |
---|
| 1063 | + | imposed. 871 |
---|
| 1064 | + | Sec. 23. Section 4e-35 of the general statutes is repealed and the 872 |
---|
| 1065 | + | following is substituted in lieu thereof (Effective July 1, 2025): 873 |
---|
| 1066 | + | Raised Bill No. 1499 |
---|
1031 | | - | accordance with the terms of one or more contracts, provided failure to 901 |
---|
1032 | | - | perform or unsatisfactory performance caused by acts beyond the 902 |
---|
1033 | | - | control of the contractor shall not be considered to be a basis for 903 |
---|
1034 | | - | suspension; 904 |
---|
1035 | | - | (3) Any cause the complainant [state] contracting agency of the state 905 |
---|
1036 | | - | determines to be so serious and compelling as to affect the responsibility 906 |
---|
1037 | | - | of a state contractor, including suspension by another [state] contracting 907 |
---|
1038 | | - | agency of the state for cause; or 908 |
---|
1039 | | - | (4) A violation of the ethical standards set forth in section 1-84, 1-86e 909 |
---|
1040 | | - | or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 910 |
---|
1041 | | - | (c) The State Contracting Standards Board may grant an exception 911 |
---|
1042 | | - | permitting a suspended contractor to participate in a particular contract 912 |
---|
1043 | | - | or subcontract upon a written determination by the board that there is 913 |
---|
1044 | | - | good cause for such exception and that such exception is in the best 914 |
---|
1045 | | - | interest of the state. 915 |
---|
1046 | | - | (d) The department head of each [state] contracting agency of the 916 |
---|
1047 | | - | state shall conduct reviews of contractors and shall file reports 917 |
---|
1048 | | - | pertaining to any of the reasons set forth in this section that may be the 918 |
---|
1049 | | - | basis for disqualification. 919 |
---|
1050 | | - | Sec. 24. Subsections (g) to (i), inclusive, of section 4e-37 of the general 920 |
---|
1051 | | - | statutes are repealed and the following is substituted in lieu thereof 921 |
---|
1052 | | - | (Effective July 1, 2025): 922 |
---|
1053 | | - | (g) In the event that the appeals review subcommittee or the board 923 |
---|
1054 | | - | determines that a procedural violation occurred, or that allegations of 924 |
---|
1055 | | - | an unauthorized or unwarranted, noncompetitive selection process 925 |
---|
1056 | | - | have been substantiated, the board shall direct the [state] contracting 926 |
---|
1057 | | - | agency of the state to take corrective action not later than thirty days 927 |
---|
1058 | | - | after the date of the subcommittee's or board's decision, as applicable. 928 |
---|
1059 | | - | (h) In the event such appeal is found to be frivolous by the appeals 929 |
---|
1060 | | - | review subcommittee or the full board, such frivolous appeal may serve 930 Substitute Bill No. 1499 |
---|
| 1070 | + | LCO No. 4155 30 of 43 |
---|
| 1071 | + | |
---|
| 1072 | + | (a) For purposes of this section and sections 4e-37, as amended by this 874 |
---|
| 1073 | + | act, and 4e-38, as amended by this act, "contracting agency of the state" 875 |
---|
| 1074 | + | does not include a quasi-public agency. After reasonable notice and a 876 |
---|
| 1075 | + | hearing, conducted in accordance with the provisions of chapter 54, the 877 |
---|
| 1076 | + | department head of any [state] contracting agency of the state may 878 |
---|
| 1077 | + | suspend any contractor, bidder or proposer for a period of not more 879 |
---|
| 1078 | + | than six months from bidding on, applying for or performing work as a 880 |
---|
| 1079 | + | contractor or subcontractor under, contracts with the state. The 881 |
---|
| 1080 | + | department head shall issue a written decision not later than ninety days 882 |
---|
| 1081 | + | after the conclusion of such hearing and state in the decision the reasons 883 |
---|
| 1082 | + | for the action taken and, if the contractor, bidder or proposer is being 884 |
---|
| 1083 | + | suspended, the period of such suspension. In determining whether to 885 |
---|
| 1084 | + | suspend a contractor, bidder or proposer, the department head shall 886 |
---|
| 1085 | + | consider the seriousness of the acts or omissions of the contractor, 887 |
---|
| 1086 | + | bidder or proposer and any mitigating factors. The department head 888 |
---|
| 1087 | + | shall send such decision to the contractor and the State Contracting 889 |
---|
| 1088 | + | Standards Board by certified mail, return receipt requested. Such 890 |
---|
| 1089 | + | decision shall be a final decision for purposes of sections 4-180 and 4-891 |
---|
| 1090 | + | 183. 892 |
---|
| 1091 | + | (b) Causes for such suspension shall include the following: 893 |
---|
| 1092 | + | (1) Failure without good cause to perform in accordance with 894 |
---|
| 1093 | + | specifications or within the time limits provided in the contract; 895 |
---|
| 1094 | + | (2) A record of failure to perform or of unsatisfactory performance in 896 |
---|
| 1095 | + | accordance with the terms of one or more contracts, provided failure to 897 |
---|
| 1096 | + | perform or unsatisfactory performance caused by acts beyond the 898 |
---|
| 1097 | + | control of the contractor shall not be considered to be a basis for 899 |
---|
| 1098 | + | suspension; 900 |
---|
| 1099 | + | (3) Any cause the complainant [state] contracting agency of the state 901 |
---|
| 1100 | + | determines to be so serious and compelling as to affect the responsibility 902 |
---|
| 1101 | + | of a state contractor, including suspension by another [state] contracting 903 |
---|
| 1102 | + | agency of the state for cause; or 904 |
---|
| 1103 | + | Raised Bill No. 1499 |
---|
1065 | | - | as a basis for disqualification pursuant to section 4e-34, as amended by 931 |
---|
1066 | | - | this act. 932 |
---|
1067 | | - | (i) Any three members of the board may request a full board review 933 |
---|
1068 | | - | of any contract deliberation or award process of a [state] contracting 934 |
---|
1069 | | - | agency of the state. 935 |
---|
1070 | | - | Sec. 25. Section 4e-38 of the general statutes is repealed and the 936 |
---|
1071 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 937 |
---|
1072 | | - | The State Contracting Standards Board shall issue a decision in 938 |
---|
1073 | | - | writing or take other appropriate action on each appeal submitted 939 |
---|
1074 | | - | pursuant to section 4e-37, as amended by this act. A copy of any decision 940 |
---|
1075 | | - | shall be provided to all parties, the department head of the [state] 941 |
---|
1076 | | - | contracting agency of the state and the Chief Procurement Officer. 942 |
---|
1077 | | - | Sec. 26. Subdivision (2) of section 4e-40 of the general statutes is 943 |
---|
1078 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 944 |
---|
1079 | | - | 2025): 945 |
---|
1080 | | - | (2) If the person awarded the contract acted in bad faith: 946 |
---|
1081 | | - | (A) The contract may be declared null and void; or 947 |
---|
1082 | | - | (B) The contract may be ratified and affirmed if such action is in the 948 |
---|
1083 | | - | best interests of the state, as determined by the State Contracting 949 |
---|
1084 | | - | Standards Board, in writing, without prejudice to the [state's] state 950 |
---|
1085 | | - | contracting agency's right to such damages as may be appropriate. 951 |
---|
1086 | | - | Sec. 27. Section 4e-45 of the general statutes is repealed and the 952 |
---|
1087 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 953 |
---|
1088 | | - | With respect to infrastructure facilities, not later than June 1, 2010, the 954 |
---|
1089 | | - | State Contracting Standards Board, in consultation with the state 955 |
---|
1090 | | - | contracting agencies and the Attorney General, shall adopt regulations, 956 |
---|
1091 | | - | in accordance with the provisions of chapter 54, requiring the inclusion 957 |
---|
1092 | | - | in [state] contracts with any state contracting agency of clauses 958 |
---|
1093 | | - | providing for adjustments in prices, time of performance, remedies, 959 Substitute Bill No. 1499 |
---|
| 1107 | + | LCO No. 4155 31 of 43 |
---|
| 1108 | + | |
---|
| 1109 | + | (4) A violation of the ethical standards set forth in section 1-84, 1-86e 905 |
---|
| 1110 | + | or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 906 |
---|
| 1111 | + | (c) The State Contracting Standards Board may grant an exception 907 |
---|
| 1112 | + | permitting a suspended contractor to participate in a particular contract 908 |
---|
| 1113 | + | or subcontract upon a written determination by the board that there is 909 |
---|
| 1114 | + | good cause for such exception and that such exception is in the best 910 |
---|
| 1115 | + | interest of the state. 911 |
---|
| 1116 | + | (d) The department head of each [state] contracting agency of the 912 |
---|
| 1117 | + | state shall conduct reviews of contractors and shall file reports 913 |
---|
| 1118 | + | pertaining to any of the reasons set forth in this section that may be the 914 |
---|
| 1119 | + | basis for disqualification. 915 |
---|
| 1120 | + | Sec. 24. Subsections (g) to (i), inclusive, of section 4e-37 of the general 916 |
---|
| 1121 | + | statutes are repealed and the following is substituted in lieu thereof 917 |
---|
| 1122 | + | (Effective July 1, 2025): 918 |
---|
| 1123 | + | (g) In the event that the appeals review subcommittee or the board 919 |
---|
| 1124 | + | determines that a procedural violation occurred, or that allegations of 920 |
---|
| 1125 | + | an unauthorized or unwarranted, noncompetitive selection process 921 |
---|
| 1126 | + | have been substantiated, the board shall direct the [state] contracting 922 |
---|
| 1127 | + | agency of the state to take corrective action not later than thirty days 923 |
---|
| 1128 | + | after the date of the subcommittee's or board's decision, as applicable. 924 |
---|
| 1129 | + | (h) In the event such appeal is found to be frivolous by the appeals 925 |
---|
| 1130 | + | review subcommittee or the full board, such frivolous appeal may serve 926 |
---|
| 1131 | + | as a basis for disqualification pursuant to section 4e-34, as amended by 927 |
---|
| 1132 | + | this act. 928 |
---|
| 1133 | + | (i) Any three members of the board may request a full board review 929 |
---|
| 1134 | + | of any contract deliberation or award process of a [state] contracting 930 |
---|
| 1135 | + | agency of the state. 931 |
---|
| 1136 | + | Sec. 25. Section 4e-38 of the general statutes is repealed and the 932 |
---|
| 1137 | + | following is substituted in lieu thereof (Effective July 1, 2025): 933 |
---|
| 1138 | + | Raised Bill No. 1499 |
---|
1098 | | - | termination or other contract provisions necessary to protect the 960 |
---|
1099 | | - | interests of the state. 961 |
---|
1100 | | - | Sec. 28. Section 4e-46 of the general statutes is repealed and the 962 |
---|
1101 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 963 |
---|
1102 | | - | Not later than June 1, 2010, the State Contracting Standards Board 964 |
---|
1103 | | - | shall adopt regulations, in accordance with the provisions of chapter 54, 965 |
---|
1104 | | - | concerning the procedure and circumstances under which a state 966 |
---|
1105 | | - | contracting agency may allow contract modification, change order, or 967 |
---|
1106 | | - | contract price adjustment under a construction contract with the state 968 |
---|
1107 | | - | contracting agency in excess of fifty thousand dollars. Such regulations 969 |
---|
1108 | | - | shall require that every contract modification, change order or contract 970 |
---|
1109 | | - | price adjustment under a construction contract with [the] a state 971 |
---|
1110 | | - | contracting agency in excess of fifty thousand dollars shall be subject to 972 |
---|
1111 | | - | prior written certification by the fiscal officer of the state contracting 973 |
---|
1112 | | - | agency or other agency responsible for funding the project or the 974 |
---|
1113 | | - | contract, or other official responsible for monitoring and reporting upon 975 |
---|
1114 | | - | the status of the costs of the total project budget or contract budget, as 976 |
---|
1115 | | - | to the effect of the contract modification, change order, or adjustment in 977 |
---|
1116 | | - | contract price on the total project budget or the total contract budget. 978 |
---|
1117 | | - | Such regulations shall further provide that in the event the certification 979 |
---|
1118 | | - | of the fiscal officer or other responsible official discloses a resulting 980 |
---|
1119 | | - | increase in the total project budget or the total contract budget, the 981 |
---|
1120 | | - | agency procurement officer shall not execute or make such contract 982 |
---|
1121 | | - | modification, change order, or adjustment in contract price unless 983 |
---|
1122 | | - | sufficient funds are available or the scope of the project or contract is 984 |
---|
1123 | | - | adjusted so as to permit the degree of completion that is feasible within 985 |
---|
1124 | | - | the total project budget or total contract budget as it existed prior to the 986 |
---|
1125 | | - | contract modification, change order, or adjustment in contract price 987 |
---|
1126 | | - | under consideration provided, with respect to the validity, as to the 988 |
---|
1127 | | - | contractor, of any executed contract modification, change order, or 989 |
---|
1128 | | - | adjustment in contract price which the contractor has reasonably relied 990 |
---|
1129 | | - | upon, it shall be presumed that there has been compliance with the 991 |
---|
1130 | | - | provisions of this section. 992 Substitute Bill No. 1499 |
---|
| 1142 | + | LCO No. 4155 32 of 43 |
---|
| 1143 | + | |
---|
| 1144 | + | The State Contracting Standards Board shall issue a decision in 934 |
---|
| 1145 | + | writing or take other appropriate action on each appeal submitted 935 |
---|
| 1146 | + | pursuant to section 4e-37, as amended by this act. A copy of any decision 936 |
---|
| 1147 | + | shall be provided to all parties, the department head of the [state] 937 |
---|
| 1148 | + | contracting agency of the state and the Chief Procurement Officer. 938 |
---|
| 1149 | + | Sec. 26. Subdivision (2) of section 4e-40 of the general statutes is 939 |
---|
| 1150 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 940 |
---|
| 1151 | + | 2025): 941 |
---|
| 1152 | + | (2) If the person awarded the contract acted in bad faith: 942 |
---|
| 1153 | + | (A) The contract may be declared null and void; or 943 |
---|
| 1154 | + | (B) The contract may be ratified and affirmed if such action is in the 944 |
---|
| 1155 | + | best interests of the state, as determined by the State Contracting 945 |
---|
| 1156 | + | Standards Board, in writing, without prejudice to the [state's] state 946 |
---|
| 1157 | + | contracting agency's right to such damages as may be appropriate. 947 |
---|
| 1158 | + | Sec. 27. Section 4e-45 of the general statutes is repealed and the 948 |
---|
| 1159 | + | following is substituted in lieu thereof (Effective July 1, 2025): 949 |
---|
| 1160 | + | With respect to infrastructure facilities, not later than June 1, 2010, the 950 |
---|
| 1161 | + | State Contracting Standards Board, in consultation with the state 951 |
---|
| 1162 | + | contracting agencies and the Attorney General, shall adopt regulations, 952 |
---|
| 1163 | + | in accordance with the provisions of chapter 54, requiring the inclusion 953 |
---|
| 1164 | + | in [state] contracts with any state contracting agency of clauses 954 |
---|
| 1165 | + | providing for adjustments in prices, time of performance, remedies, 955 |
---|
| 1166 | + | termination or other contract provisions necessary to protect the 956 |
---|
| 1167 | + | interests of the state. 957 |
---|
| 1168 | + | Sec. 28. Section 4e-46 of the general statutes is repealed and the 958 |
---|
| 1169 | + | following is substituted in lieu thereof (Effective July 1, 2025): 959 |
---|
| 1170 | + | Not later than June 1, 2010, the State Contracting Standards Board 960 |
---|
| 1171 | + | shall adopt regulations, in accordance with the provisions of chapter 54, 961 |
---|
| 1172 | + | concerning the procedure and circumstances under which a state 962 |
---|
| 1173 | + | Raised Bill No. 1499 |
---|
1135 | | - | Sec. 29. Subsection (a) of section 4e-48 of the general statutes is 993 |
---|
1136 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 994 |
---|
1137 | | - | 2025): 995 |
---|
1138 | | - | (a) For the purposes of this section, "nonresident bidder" means a 996 |
---|
1139 | | - | business that is not a resident of the state that submits a bid in response 997 |
---|
1140 | | - | to an invitation to bid by a state contracting agency, "resident bidder" 998 |
---|
1141 | | - | means a business that submits a bid in response to an invitation to bid 999 |
---|
1142 | | - | by a state contracting agency and that has paid unemployment taxes or 1000 |
---|
1143 | | - | income taxes in this state during the twelve calendar months 1001 |
---|
1144 | | - | immediately preceding submission of such bid, has a business address 1002 |
---|
1145 | | - | in the state and has affirmatively claimed such status in the bid 1003 |
---|
1146 | | - | submission, and "contract" [means "contract" as defined in section 4e-1 1004 |
---|
1147 | | - | and "state contracting agency" means] and "state contracting agency" [, 1005 |
---|
1148 | | - | as defined] have the same meanings as provided in section 4e-1, as 1006 |
---|
1149 | | - | amended by this act. 1007 |
---|
1150 | | - | Sec. 30. Section 4e-72 of the general statutes is repealed and the 1008 |
---|
1151 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1009 |
---|
1152 | | - | As used in this section, "contract", "state contracting agency", "data" 1010 |
---|
1153 | | - | and "contractor" have the same meanings as provided in section 4e-1, as 1011 |
---|
1154 | | - | amended by this act. Any contract between a state contracting agency 1012 |
---|
1155 | | - | and a contractor that is entered into, renewed or amended on or after 1013 |
---|
1156 | | - | October 1, 2021, or, in the case of a state contracting agency that is a 1014 |
---|
1157 | | - | quasi-public agency, entered into, renewed or amended on or after July 1015 |
---|
1158 | | - | 1, 2025, shall contain a provision authorizing the state contracting 1016 |
---|
1159 | | - | agency to access any data concerning such contract that is in the 1017 |
---|
1160 | | - | possession or control of the contractor upon demand in a format 1018 |
---|
1161 | | - | prescribed by the state contracting agency at no additional cost to such 1019 |
---|
1162 | | - | agency. 1020 |
---|
1163 | | - | Sec. 31. Subdivision (15) of subsection (a) of section 15-31b of the 1021 |
---|
1164 | | - | general statutes is repealed and the following is substituted in lieu 1022 |
---|
1165 | | - | thereof (Effective July 1, 2025): 1023 |
---|
1166 | | - | (15) Invest in, acquire, lease, purchase, own, manage, hold and 1024 Substitute Bill No. 1499 |
---|
| 1177 | + | LCO No. 4155 33 of 43 |
---|
| 1178 | + | |
---|
| 1179 | + | contracting agency may allow contract modification, change order, or 963 |
---|
| 1180 | + | contract price adjustment under a construction contract with the state 964 |
---|
| 1181 | + | contracting agency in excess of fifty thousand dollars. Such regulations 965 |
---|
| 1182 | + | shall require that every contract modification, change order or contract 966 |
---|
| 1183 | + | price adjustment under a construction contract with [the] a state 967 |
---|
| 1184 | + | contracting agency in excess of fifty thousand dollars shall be subject to 968 |
---|
| 1185 | + | prior written certification by the fiscal officer of the state contracting 969 |
---|
| 1186 | + | agency or other agency responsible for funding the project or the 970 |
---|
| 1187 | + | contract, or other official responsible for monitoring and reporting upon 971 |
---|
| 1188 | + | the status of the costs of the total project budget or contract budget, as 972 |
---|
| 1189 | + | to the effect of the contract modification, change order, or adjustment in 973 |
---|
| 1190 | + | contract price on the total project budget or the total contract budget. 974 |
---|
| 1191 | + | Such regulations shall further provide that in the event the certification 975 |
---|
| 1192 | + | of the fiscal officer or other responsible official discloses a resulting 976 |
---|
| 1193 | + | increase in the total project budget or the total contract budget, the 977 |
---|
| 1194 | + | agency procurement officer shall not execute or make such contract 978 |
---|
| 1195 | + | modification, change order, or adjustment in contract price unless 979 |
---|
| 1196 | + | sufficient funds are available or the scope of the project or contract is 980 |
---|
| 1197 | + | adjusted so as to permit the degree of completion that is feasible within 981 |
---|
| 1198 | + | the total project budget or total contract budget as it existed prior to the 982 |
---|
| 1199 | + | contract modification, change order, or adjustment in contract price 983 |
---|
| 1200 | + | under consideration provided, with respect to the validity, as to the 984 |
---|
| 1201 | + | contractor, of any executed contract modification, change order, or 985 |
---|
| 1202 | + | adjustment in contract price which the contractor has reasonably relied 986 |
---|
| 1203 | + | upon, it shall be presumed that there has been compliance with the 987 |
---|
| 1204 | + | provisions of this section. 988 |
---|
| 1205 | + | Sec. 29. Subsection (a) of section 4e-48 of the general statutes is 989 |
---|
| 1206 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 990 |
---|
| 1207 | + | 2025): 991 |
---|
| 1208 | + | (a) For the purposes of this section, "nonresident bidder" means a 992 |
---|
| 1209 | + | business that is not a resident of the state that submits a bid in response 993 |
---|
| 1210 | + | to an invitation to bid by a state contracting agency, "resident bidder" 994 |
---|
| 1211 | + | means a business that submits a bid in response to an invitation to bid 995 |
---|
| 1212 | + | Raised Bill No. 1499 |
---|
1171 | | - | dispose of real property and lease, convey or deal in or enter into 1025 |
---|
1172 | | - | agreements with respect to such property on any terms necessary or 1026 |
---|
1173 | | - | incidental to carrying out the purposes of sections 15-31a to 15-31i, 1027 |
---|
1174 | | - | inclusive, provided such transactions shall not be subject to approval, 1028 |
---|
1175 | | - | review or regulation by any state agency pursuant to title 4b or any other 1029 |
---|
1176 | | - | provision of the general statutes, except (A) the authority shall not 1030 |
---|
1177 | | - | convey fee simple ownership in any property associated with the ports 1031 |
---|
1178 | | - | or harbors under its jurisdiction and control without the approval of the 1032 |
---|
1179 | | - | State Properties Review Board and the Attorney General, and (B) as 1033 |
---|
1180 | | - | provided in [subsection (c) of this section] chapter 62; and 1034 |
---|
1181 | | - | Sec. 32. Subsections (b) and (c) of section 15-31b of the general statutes 1035 |
---|
1182 | | - | are repealed and the following is substituted in lieu thereof (Effective July 1036 |
---|
1183 | | - | 1, 2025): 1037 |
---|
1184 | | - | (b) The authority shall continue as long as it has bonds or other 1038 |
---|
1185 | | - | obligations outstanding and until its existence is terminated by law, 1039 |
---|
1186 | | - | provided no such termination shall affect any outstanding contractual 1040 |
---|
1187 | | - | obligation of the authority and the state shall succeed to the obligations 1041 |
---|
1188 | | - | of the authority under any contract. Upon the termination of the 1042 |
---|
1189 | | - | existence of the authority, all its rights and properties shall pass to, and 1043 |
---|
1190 | | - | be vested in, the state of Connecticut. 1044 |
---|
1191 | | - | [(c) On and after June 23, 2021, the authority shall be a state 1045 |
---|
1192 | | - | contracting agency for the purposes of chapter 62, except for the 1046 |
---|
1193 | | - | provisions of section 4e-16, and shall be subject to the authority of the 1047 |
---|
1194 | | - | State Contracting Standards Board established under section 4e-2.] 1048 |
---|
1195 | | - | Sec. 33. Section 10a-196 of the general statutes is repealed and the 1049 |
---|
1196 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1050 |
---|
1197 | | - | Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1051 |
---|
1198 | | - | complete, additional and alternative method for the doing of the things 1052 |
---|
1199 | | - | authorized thereby, and shall be regarded as supplemental and 1053 |
---|
1200 | | - | additional to powers conferred by other laws; provided the issuance of 1054 |
---|
1201 | | - | bonds and refunding bonds under the provisions of this chapter need 1055 |
---|
1202 | | - | not comply with the requirements of any other law applicable to the 1056 Substitute Bill No. 1499 |
---|
| 1216 | + | LCO No. 4155 34 of 43 |
---|
| 1217 | + | |
---|
| 1218 | + | by a state contracting agency and that has paid unemployment taxes or 996 |
---|
| 1219 | + | income taxes in this state during the twelve calendar months 997 |
---|
| 1220 | + | immediately preceding submission of such bid, has a business address 998 |
---|
| 1221 | + | in the state and has affirmatively claimed such status in the bid 999 |
---|
| 1222 | + | submission, and "contract" [means "contract" as defined in section 4e-1 1000 |
---|
| 1223 | + | and "state contracting agency" means] and "state contracting agency"[, 1001 |
---|
| 1224 | + | as defined] have the same meanings as provided in section 4e-1, as 1002 |
---|
| 1225 | + | amended by this act. 1003 |
---|
| 1226 | + | Sec. 30. Section 4e-72 of the general statutes is repealed and the 1004 |
---|
| 1227 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1005 |
---|
| 1228 | + | As used in this section, "contract", "state contracting agency", "data" 1006 |
---|
| 1229 | + | and "contractor" have the same meanings as provided in section 4e-1, as 1007 |
---|
| 1230 | + | amended by this act. Any contract between a state contracting agency 1008 |
---|
| 1231 | + | and a contractor that is entered into, renewed or amended on or after 1009 |
---|
| 1232 | + | October 1, 2021, or, in the case of a state contracting agency that is a 1010 |
---|
| 1233 | + | quasi-public agency, entered into, renewed or amended on or after July 1011 |
---|
| 1234 | + | 1, 2025, shall contain a provision authorizing the state contracting 1012 |
---|
| 1235 | + | agency to access any data concerning such contract that is in the 1013 |
---|
| 1236 | + | possession or control of the contractor upon demand in a format 1014 |
---|
| 1237 | + | prescribed by the state contracting agency at no additional cost to such 1015 |
---|
| 1238 | + | agency. 1016 |
---|
| 1239 | + | Sec. 31. Subdivision (15) of subsection (a) of section 15-31b of the 1017 |
---|
| 1240 | + | general statutes is repealed and the following is substituted in lieu 1018 |
---|
| 1241 | + | thereof (Effective July 1, 2025): 1019 |
---|
| 1242 | + | (15) Invest in, acquire, lease, purchase, own, manage, hold and 1020 |
---|
| 1243 | + | dispose of real property and lease, convey or deal in or enter into 1021 |
---|
| 1244 | + | agreements with respect to such property on any terms necessary or 1022 |
---|
| 1245 | + | incidental to carrying out the purposes of sections 15-31a to 15-31i, 1023 |
---|
| 1246 | + | inclusive, provided such transactions shall not be subject to approval, 1024 |
---|
| 1247 | + | review or regulation by any state agency pursuant to title 4b or any other 1025 |
---|
| 1248 | + | provision of the general statutes, except (A) the authority shall not 1026 |
---|
| 1249 | + | Raised Bill No. 1499 |
---|
1207 | | - | issuance of bonds including, particularly, title 42a; and provided in the 1057 |
---|
1208 | | - | construction and acquisition of a project pursuant hereto the authority 1058 |
---|
1209 | | - | need not comply with the requirements of chapter 50. Except as 1059 |
---|
1210 | | - | otherwise expressly provided in this chapter and the provisions of 1060 |
---|
1211 | | - | chapter 62 concerning state contracting agencies, none of the powers 1061 |
---|
1212 | | - | granted to the authority under the provisions of this chapter shall be 1062 |
---|
1213 | | - | subject to the supervision or regulation or require the approval or 1063 |
---|
1214 | | - | consent of any municipality or political subdivision or any commission, 1064 |
---|
1215 | | - | board, body, bureau, official or agency thereof or of the state. 1065 |
---|
1216 | | - | Sec. 34. Subsection (s) of section 10a-204b of the general statutes is 1066 |
---|
1217 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1067 |
---|
1218 | | - | 2025): 1068 |
---|
1219 | | - | (s) The provisions of this section shall be deemed to provide a 1069 |
---|
1220 | | - | complete, additional and alternative method for the actions and the 1070 |
---|
1221 | | - | things authorized thereby and shall be regarded as supplemental and 1071 |
---|
1222 | | - | additional to powers granted by other laws; the issuance of bonds, notes 1072 |
---|
1223 | | - | or other obligations under the provisions of this section need not comply 1073 |
---|
1224 | | - | with the requirements of any law applicable to the issuance of bonds, 1074 |
---|
1225 | | - | notes or other obligations. This section, being necessary for the welfare 1075 |
---|
1226 | | - | of the state and its inhabitants, shall be liberally construed to affect its 1076 |
---|
1227 | | - | purpose. None of the powers granted to the corporation or to any 1077 |
---|
1228 | | - | subsidiary created pursuant to subdivision (5) of section 10a-204 under 1078 |
---|
1229 | | - | the provisions of this section shall be subject to the supervision or 1079 |
---|
1230 | | - | regulation or require the approval or consent of any municipality or 1080 |
---|
1231 | | - | political subdivision or any department, division, commission, board, 1081 |
---|
1232 | | - | body, bureau, official or agency thereof or of the state, and the exercise 1082 |
---|
1233 | | - | thereof shall not cause the corporation or any such subsidiary to be 1083 |
---|
1234 | | - | construed to be an agency within the scope of chapter 54 or a 1084 |
---|
1235 | | - | department, institution or agency of the state, except that the 1085 |
---|
1236 | | - | corporation or any such subsidiary shall comply with the provisions of 1086 |
---|
1237 | | - | chapter 62 concerning state contracting agencies. 1087 |
---|
1238 | | - | Sec. 35. Section 10a-243 of the general statutes is repealed and the 1088 |
---|
1239 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1089 Substitute Bill No. 1499 |
---|
| 1253 | + | LCO No. 4155 35 of 43 |
---|
| 1254 | + | |
---|
| 1255 | + | convey fee simple ownership in any property associated with the ports 1027 |
---|
| 1256 | + | or harbors under its jurisdiction and control without the approval of the 1028 |
---|
| 1257 | + | State Properties Review Board and the Attorney General, and (B) as 1029 |
---|
| 1258 | + | provided in [subsection (c) of this section] chapter 62; and 1030 |
---|
| 1259 | + | Sec. 32. Subsections (b) and (c) of section 15-31b of the general statutes 1031 |
---|
| 1260 | + | are repealed and the following is substituted in lieu thereof (Effective July 1032 |
---|
| 1261 | + | 1, 2025): 1033 |
---|
| 1262 | + | (b) The authority shall continue as long as it has bonds or other 1034 |
---|
| 1263 | + | obligations outstanding and until its existence is terminated by law, 1035 |
---|
| 1264 | + | provided no such termination shall affect any outstanding contractual 1036 |
---|
| 1265 | + | obligation of the authority and the state shall succeed to the obligations 1037 |
---|
| 1266 | + | of the authority under any contract. Upon the termination of the 1038 |
---|
| 1267 | + | existence of the authority, all its rights and properties shall pass to, and 1039 |
---|
| 1268 | + | be vested in, the state of Connecticut. 1040 |
---|
| 1269 | + | [(c) On and after June 23, 2021, the authority shall be a state 1041 |
---|
| 1270 | + | contracting agency for the purposes of chapter 62, except for the 1042 |
---|
| 1271 | + | provisions of section 4e-16, and shall be subject to the authority of the 1043 |
---|
| 1272 | + | State Contracting Standards Board established under section 4e-2.] 1044 |
---|
| 1273 | + | Sec. 33. Section 10a-196 of the general statutes is repealed and the 1045 |
---|
| 1274 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1046 |
---|
| 1275 | + | Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1047 |
---|
| 1276 | + | complete, additional and alternative method for the doing of the things 1048 |
---|
| 1277 | + | authorized thereby, and shall be regarded as supplemental and 1049 |
---|
| 1278 | + | additional to powers conferred by other laws; provided the issuance of 1050 |
---|
| 1279 | + | bonds and refunding bonds under the provisions of this chapter need 1051 |
---|
| 1280 | + | not comply with the requirements of any other law applicable to the 1052 |
---|
| 1281 | + | issuance of bonds including, particularly, title 42a; and provided in the 1053 |
---|
| 1282 | + | construction and acquisition of a project pursuant hereto the authority 1054 |
---|
| 1283 | + | need not comply with the requirements of chapter 50. Except as 1055 |
---|
| 1284 | + | otherwise expressly provided in this chapter and the provisions of 1056 |
---|
| 1285 | + | chapter 62 concerning state contracting agencies, none of the powers 1057 |
---|
| 1286 | + | Raised Bill No. 1499 |
---|
1244 | | - | The provisions of this chapter shall be deemed to provide a complete, 1090 |
---|
1245 | | - | additional and alternative method for the actions of the things 1091 |
---|
1246 | | - | authorized thereby and shall be regarded as supplemental and 1092 |
---|
1247 | | - | additional to powers granted by other laws; the issuance of revenue 1093 |
---|
1248 | | - | bonds or notes and revenue refunding bonds or notes under the 1094 |
---|
1249 | | - | provisions of this chapter need not comply with the requirements of any 1095 |
---|
1250 | | - | other law applicable to the issuance of bonds or notes. This chapter, 1096 |
---|
1251 | | - | being necessary for the welfare of the state and its inhabitants, shall be 1097 |
---|
1252 | | - | liberally construed to effect its purpose. Except as otherwise expressly 1098 |
---|
1253 | | - | provided in this chapter and the provisions of chapter 62 concerning 1099 |
---|
1254 | | - | state contracting agencies, none of the powers granted to the authority 1100 |
---|
1255 | | - | under the provisions of this chapter shall be subject to the supervision 1101 |
---|
1256 | | - | or regulation or require the approval or consent of any municipality or 1102 |
---|
1257 | | - | political subdivision or any department, division, commission, board, 1103 |
---|
1258 | | - | body, bureau, official or agency thereof or of the state. The authority 1104 |
---|
1259 | | - | shall not be construed to be an agency within the scope of chapter 54 or 1105 |
---|
1260 | | - | a department, institution or agency of the state. 1106 |
---|
1261 | | - | Sec. 36. Subdivision (16) of subsection (b) of section 12-806 of the 1107 |
---|
1262 | | - | general statutes is repealed and the following is substituted in lieu 1108 |
---|
1263 | | - | thereof (Effective July 1, 2025): 1109 |
---|
1264 | | - | (16) To invest in, acquire, lease, purchase, own, manage, hold and 1110 |
---|
1265 | | - | dispose of real property and lease, convey or deal in or enter into 1111 |
---|
1266 | | - | agreements with respect to such property on any terms necessary or 1112 |
---|
1267 | | - | incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1113 |
---|
1268 | | - | 818, inclusive, and sections 12-853 and 12-854, provided such 1114 |
---|
1269 | | - | transactions shall not be subject to approval, review or regulation 1115 |
---|
1270 | | - | pursuant to title 4b or any other statute by any state agency, except that 1116 |
---|
1271 | | - | real property transactions shall be subject to review by the State 1117 |
---|
1272 | | - | Properties Review Board and contracts shall be subject to the provisions 1118 |
---|
1273 | | - | of chapter 62 concerning state contracting agencies; 1119 |
---|
1274 | | - | Sec. 37. Section 12-815 of the general statutes is repealed and the 1120 |
---|
1275 | | - | following is substituted in lieu thereof (Effective July 1, 2025): 1121 Substitute Bill No. 1499 |
---|
| 1290 | + | LCO No. 4155 36 of 43 |
---|
| 1291 | + | |
---|
| 1292 | + | granted to the authority under the provisions of this chapter shall be 1058 |
---|
| 1293 | + | subject to the supervision or regulation or require the approval or 1059 |
---|
| 1294 | + | consent of any municipality or political subdivision or any commission, 1060 |
---|
| 1295 | + | board, body, bureau, official or agency thereof or of the state. 1061 |
---|
| 1296 | + | Sec. 34. Subsection (s) of section 10a-204b of the general statutes is 1062 |
---|
| 1297 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1063 |
---|
| 1298 | + | 2025): 1064 |
---|
| 1299 | + | (s) The provisions of this section shall be deemed to provide a 1065 |
---|
| 1300 | + | complete, additional and alternative method for the actions and the 1066 |
---|
| 1301 | + | things authorized thereby and shall be regarded as supplemental and 1067 |
---|
| 1302 | + | additional to powers granted by other laws; the issuance of bonds, notes 1068 |
---|
| 1303 | + | or other obligations under the provisions of this section need not comply 1069 |
---|
| 1304 | + | with the requirements of any law applicable to the issuance of bonds, 1070 |
---|
| 1305 | + | notes or other obligations. This section, being necessary for the welfare 1071 |
---|
| 1306 | + | of the state and its inhabitants, shall be liberally construed to affect its 1072 |
---|
| 1307 | + | purpose. None of the powers granted to the corporation or to any 1073 |
---|
| 1308 | + | subsidiary created pursuant to subdivision (5) of section 10a-204 under 1074 |
---|
| 1309 | + | the provisions of this section shall be subject to the supervision or 1075 |
---|
| 1310 | + | regulation or require the approval or consent of any municipality or 1076 |
---|
| 1311 | + | political subdivision or any department, division, commission, board, 1077 |
---|
| 1312 | + | body, bureau, official or agency thereof or of the state, and the exercise 1078 |
---|
| 1313 | + | thereof shall not cause the corporation or any such subsidiary to be 1079 |
---|
| 1314 | + | construed to be an agency within the scope of chapter 54 or a 1080 |
---|
| 1315 | + | department, institution or agency of the state, except that the 1081 |
---|
| 1316 | + | corporation or any such subsidiary shall comply with the provisions of 1082 |
---|
| 1317 | + | chapter 62 concerning state contracting agencies. 1083 |
---|
| 1318 | + | Sec. 35. Section 10a-243 of the general statutes is repealed and the 1084 |
---|
| 1319 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1085 |
---|
| 1320 | + | The provisions of this chapter shall be deemed to provide a complete, 1086 |
---|
| 1321 | + | additional and alternative method for the actions of the things 1087 |
---|
| 1322 | + | authorized thereby and shall be regarded as supplemental and 1088 |
---|
| 1323 | + | Raised Bill No. 1499 |
---|
1280 | | - | (a) The corporation shall establish and adopt specific policies, rules 1122 |
---|
1281 | | - | and procedures on purchasing and contracting. Such policies, rules and 1123 |
---|
1282 | | - | procedures or amendments thereto shall be approved by a two-thirds 1124 |
---|
1283 | | - | vote of the entire board. Notwithstanding any other provision of law to 1125 |
---|
1284 | | - | the contrary, the corporation may enter into management, consulting 1126 |
---|
1285 | | - | and other agreements for the provision of goods, services and 1127 |
---|
1286 | | - | professional advisors necessary or useful in connection with the 1128 |
---|
1287 | | - | operation and management of the lottery (1) pursuant to a process of 1129 |
---|
1288 | | - | open or competitive bidding, provided (A) the corporation shall first 1130 |
---|
1289 | | - | determine the format, content and scope of any agreement for any 1131 |
---|
1290 | | - | procurement of goods or services, the conditions under which bidding 1132 |
---|
1291 | | - | will take place and the schedule and stipulations for contract award, and 1133 |
---|
1292 | | - | (B) the corporation may select the contractor deemed to have submitted 1134 |
---|
1293 | | - | the most favorable bid, considering price and other factors, when, in the 1135 |
---|
1294 | | - | judgment of the corporation, such award is in the best interests of the 1136 |
---|
1295 | | - | corporation, or (2) if the corporation, in its discretion, determines that, 1137 |
---|
1296 | | - | due to the nature of the agreement to be contracted for or procured, 1138 |
---|
1297 | | - | open or public bidding is either impracticable or not in the best interests 1139 |
---|
1298 | | - | of the corporation, by negotiation with such prospective providers as 1140 |
---|
1299 | | - | the corporation may determine. The terms and conditions of agreements 1141 |
---|
1300 | | - | and the fees or other compensation to be paid to such persons shall be 1142 |
---|
1301 | | - | determined by the corporation. The agreements entered into by the 1143 |
---|
1302 | | - | corporation in accordance with the provisions of this section shall not 1144 |
---|
1303 | | - | be subject to the approval of any state department, office or agency, 1145 |
---|
1304 | | - | except for the provisions concerning state contracting agencies in 1146 |
---|
1305 | | - | chapter 62 and as provided in regulations adopted by the Department 1147 |
---|
1306 | | - | of Consumer Protection. Nothing in this section shall be deemed to 1148 |
---|
1307 | | - | restrict the discretion of the corporation to utilize its own staff and 1149 |
---|
1308 | | - | workforce for the performance of any of its assigned responsibilities and 1150 |
---|
1309 | | - | functions whenever, in the discretion of the corporation, it becomes 1151 |
---|
1310 | | - | necessary, convenient or desirable to do so. Copies of all agreements of 1152 |
---|
1311 | | - | the corporation shall be maintained by the corporation at its offices as 1153 |
---|
1312 | | - | public records, subject to said exemption. 1154 |
---|
1313 | | - | (b) [The] Except for the provisions in chapter 62 concerning state 1155 Substitute Bill No. 1499 |
---|
| 1327 | + | LCO No. 4155 37 of 43 |
---|
| 1328 | + | |
---|
| 1329 | + | additional to powers granted by other laws; the issuance of revenue 1089 |
---|
| 1330 | + | bonds or notes and revenue refunding bonds or notes under the 1090 |
---|
| 1331 | + | provisions of this chapter need not comply with the requirements of any 1091 |
---|
| 1332 | + | other law applicable to the issuance of bonds or notes. This chapter, 1092 |
---|
| 1333 | + | being necessary for the welfare of the state and its inhabitants, shall be 1093 |
---|
| 1334 | + | liberally construed to effect its purpose. Except as otherwise expressly 1094 |
---|
| 1335 | + | provided in this chapter and the provisions of chapter 62 concerning 1095 |
---|
| 1336 | + | state contracting agencies, none of the powers granted to the authority 1096 |
---|
| 1337 | + | under the provisions of this chapter shall be subject to the supervision 1097 |
---|
| 1338 | + | or regulation or require the approval or consent of any municipality or 1098 |
---|
| 1339 | + | political subdivision or any department, division, commission, board, 1099 |
---|
| 1340 | + | body, bureau, official or agency thereof or of the state. The authority 1100 |
---|
| 1341 | + | shall not be construed to be an agency within the scope of chapter 54 or 1101 |
---|
| 1342 | + | a department, institution or agency of the state. 1102 |
---|
| 1343 | + | Sec. 36. Subdivision (16) of subsection (b) of section 12-806 of the 1103 |
---|
| 1344 | + | general statutes is repealed and the following is substituted in lieu 1104 |
---|
| 1345 | + | thereof (Effective July 1, 2025): 1105 |
---|
| 1346 | + | (16) To invest in, acquire, lease, purchase, own, manage, hold and 1106 |
---|
| 1347 | + | dispose of real property and lease, convey or deal in or enter into 1107 |
---|
| 1348 | + | agreements with respect to such property on any terms necessary or 1108 |
---|
| 1349 | + | incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1109 |
---|
| 1350 | + | 818, inclusive, and sections 12-853 and 12-854, provided such 1110 |
---|
| 1351 | + | transactions shall not be subject to approval, review or regulation 1111 |
---|
| 1352 | + | pursuant to title 4b or any other statute by any state agency, except that 1112 |
---|
| 1353 | + | real property transactions shall be subject to review by the State 1113 |
---|
| 1354 | + | Properties Review Board and contracts shall be subject to the provisions 1114 |
---|
| 1355 | + | of chapter 62 concerning state contracting agencies; 1115 |
---|
| 1356 | + | Sec. 37. Section 12-815 of the general statutes is repealed and the 1116 |
---|
| 1357 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1117 |
---|
| 1358 | + | (a) The corporation shall establish and adopt specific policies, rules 1118 |
---|
| 1359 | + | and procedures on purchasing and contracting. Such policies, rules and 1119 |
---|
| 1360 | + | Raised Bill No. 1499 |
---|
1318 | | - | contracting agencies, the corporation shall not be subject to rules, 1156 |
---|
1319 | | - | regulations or restrictions on purchasing or procurement or the 1157 |
---|
1320 | | - | disposition of assets generally applicable to Connecticut state agencies, 1158 |
---|
1321 | | - | including those contained in titles 4a and 4b and the corresponding 1159 |
---|
1322 | | - | rules and regulations. The board shall adopt rules and procedures on 1160 |
---|
1323 | | - | purchasing, procurement and the disposition of assets applicable to the 1161 |
---|
1324 | | - | corporation. The adoption of such rules or procedures shall not be 1162 |
---|
1325 | | - | subject to chapter 54. Any such rules or procedures shall be a public 1163 |
---|
1326 | | - | record as defined in section 1-200. 1164 |
---|
1327 | | - | Sec. 38. Subdivision (14) of section 31-49h of the general statutes is 1165 |
---|
1328 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1166 |
---|
1329 | | - | 2025): 1167 |
---|
1330 | | - | (14) Make and enter into any contract or agreement necessary or 1168 |
---|
1331 | | - | incidental to the performance of its duties and execution of its powers. 1169 |
---|
1332 | | - | [The] Except for the provisions in chapter 62 concerning state 1170 |
---|
1333 | | - | contracting agencies, the contracts and agreements entered into by the 1171 |
---|
1334 | | - | authority shall not be subject to the approval of any other state 1172 |
---|
1335 | | - | department, office or agency, provided copies of all such contracts shall 1173 |
---|
1336 | | - | be maintained by the authority as public records, subject to the 1174 |
---|
1337 | | - | proprietary rights of any party to such contracts. No contract shall 1175 |
---|
1338 | | - | contain any provision in which any contractor derives any direct or 1176 |
---|
1339 | | - | indirect economic benefit from denying or otherwise influencing the 1177 |
---|
1340 | | - | outcome of any claim for benefits. The standard criteria for the 1178 |
---|
1341 | | - | evaluation of proposals relating to claims processing, web site 1179 |
---|
1342 | | - | development, database development, marketing and advertising, in the 1180 |
---|
1343 | | - | event the authority seeks the services of an outside contractor for such 1181 |
---|
1344 | | - | tasks, and for the evaluation of proposals relating to all other contracts 1182 |
---|
1345 | | - | in amounts equal to or exceeding two hundred fifty thousand dollars 1183 |
---|
1346 | | - | shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1184 |
---|
1347 | | - | efficiency of operations, (D) quality of work related to the contracts 1185 |
---|
1348 | | - | issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1186 |
---|
1349 | | - | analysis documenting the direct and indirect costs of such contracts, 1187 |
---|
1350 | | - | including qualitative and quantitative benefits that will result from the 1188 |
---|
1351 | | - | implementation of such contracts. The establishment of additional 1189 Substitute Bill No. 1499 |
---|
| 1364 | + | LCO No. 4155 38 of 43 |
---|
| 1365 | + | |
---|
| 1366 | + | procedures or amendments thereto shall be approved by a two-thirds 1120 |
---|
| 1367 | + | vote of the entire board. Notwithstanding any other provision of law to 1121 |
---|
| 1368 | + | the contrary, the corporation may enter into management, consulting 1122 |
---|
| 1369 | + | and other agreements for the provision of goods, services and 1123 |
---|
| 1370 | + | professional advisors necessary or useful in connection with the 1124 |
---|
| 1371 | + | operation and management of the lottery (1) pursuant to a process of 1125 |
---|
| 1372 | + | open or competitive bidding, provided (A) the corporation shall first 1126 |
---|
| 1373 | + | determine the format, content and scope of any agreement for any 1127 |
---|
| 1374 | + | procurement of goods or services, the conditions under which bidding 1128 |
---|
| 1375 | + | will take place and the schedule and stipulations for contract award, and 1129 |
---|
| 1376 | + | (B) the corporation may select the contractor deemed to have submitted 1130 |
---|
| 1377 | + | the most favorable bid, considering price and other factors, when, in the 1131 |
---|
| 1378 | + | judgment of the corporation, such award is in the best interests of the 1132 |
---|
| 1379 | + | corporation, or (2) if the corporation, in its discretion, determines that, 1133 |
---|
| 1380 | + | due to the nature of the agreement to be contracted for or procured, 1134 |
---|
| 1381 | + | open or public bidding is either impracticable or not in the best interests 1135 |
---|
| 1382 | + | of the corporation, by negotiation with such prospective providers as 1136 |
---|
| 1383 | + | the corporation may determine. The terms and conditions of agreements 1137 |
---|
| 1384 | + | and the fees or other compensation to be paid to such persons shall be 1138 |
---|
| 1385 | + | determined by the corporation. The agreements entered into by the 1139 |
---|
| 1386 | + | corporation in accordance with the provisions of this section shall not 1140 |
---|
| 1387 | + | be subject to the approval of any state department, office or agency, 1141 |
---|
| 1388 | + | except for the provisions concerning state contracting agencies in 1142 |
---|
| 1389 | + | chapter 62 and as provided in regulations adopted by the Department 1143 |
---|
| 1390 | + | of Consumer Protection. Nothing in this section shall be deemed to 1144 |
---|
| 1391 | + | restrict the discretion of the corporation to utilize its own staff and 1145 |
---|
| 1392 | + | workforce for the performance of any of its assigned responsibilities and 1146 |
---|
| 1393 | + | functions whenever, in the discretion of the corporation, it becomes 1147 |
---|
| 1394 | + | necessary, convenient or desirable to do so. Copies of all agreements of 1148 |
---|
| 1395 | + | the corporation shall be maintained by the corporation at its offices as 1149 |
---|
| 1396 | + | public records, subject to said exemption. 1150 |
---|
| 1397 | + | (b) [The] Except for the provisions in chapter 62 concerning state 1151 |
---|
| 1398 | + | contracting agencies, the corporation shall not be subject to rules, 1152 |
---|
| 1399 | + | Raised Bill No. 1499 |
---|
1356 | | - | standard criteria shall be approved by a two-thirds vote of the board 1190 |
---|
1357 | | - | after such criteria have been posted on a public Internet web site 1191 |
---|
1358 | | - | maintained by the authority for notice and comment for at least one 1192 |
---|
1359 | | - | week prior to such vote. 1193 |
---|
1360 | | - | Sec. 39. Subdivision (13) of section 38a-1083 of the general statutes is 1194 |
---|
1361 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1195 |
---|
1362 | | - | 2025): 1196 |
---|
1363 | | - | (13) Make and enter into any contract or agreement necessary or 1197 |
---|
1364 | | - | incidental to the performance of its duties and execution of its powers, 1198 |
---|
1365 | | - | including, but not limited to, an agreement with the Office of Health 1199 |
---|
1366 | | - | Strategy to use funds collected under this section for the operation of 1200 |
---|
1367 | | - | the all-payer claims database established under section 19a-755a and to 1201 |
---|
1368 | | - | receive data from such database. The contracts entered into by the 1202 |
---|
1369 | | - | exchange shall not be subject to the approval of any other state 1203 |
---|
1370 | | - | department, office or agency, provided copies of all contracts of the 1204 |
---|
1371 | | - | exchange shall be maintained by the exchange as public records, subject 1205 |
---|
1372 | | - | to the proprietary rights of any party to the contract, except (A) as 1206 |
---|
1373 | | - | provided in chapter 62, and (B) any agreement with the Office of Health 1207 |
---|
1374 | | - | Strategy shall be subject to approval by said office and the Office of 1208 |
---|
1375 | | - | Policy and Management and no portion of such agreement shall be 1209 |
---|
1376 | | - | considered proprietary; 1210 |
---|
1377 | | - | Sec. 40. Subsection (b) of section 46a-10b of the general statutes is 1211 |
---|
1378 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1212 |
---|
1379 | | - | 2025): 1213 |
---|
1380 | | - | (b) Notwithstanding the provisions of sections 4-212 to 4-219, 1214 |
---|
1381 | | - | inclusive, subdivision [(21)] (20) of section 4e-1, as amended by this act, 1215 |
---|
1382 | | - | and chapter 62a, not later than July 1, 2017, the Governor shall designate 1216 |
---|
1383 | | - | a nonprofit entity to serve as the Connecticut protection and advocacy 1217 |
---|
1384 | | - | system. 1218 |
---|
1385 | | - | Sec. 41. Subsection (e) of section 52-278n of the general statutes is 1219 |
---|
1386 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1220 |
---|
1387 | | - | 2025): 1221 Substitute Bill No. 1499 |
---|
| 1403 | + | LCO No. 4155 39 of 43 |
---|
| 1404 | + | |
---|
| 1405 | + | regulations or restrictions on purchasing or procurement or the 1153 |
---|
| 1406 | + | disposition of assets generally applicable to Connecticut state agencies, 1154 |
---|
| 1407 | + | including those contained in titles 4a and 4b and the corresponding 1155 |
---|
| 1408 | + | rules and regulations. The board shall adopt rules and procedures on 1156 |
---|
| 1409 | + | purchasing, procurement and the disposition of assets applicable to the 1157 |
---|
| 1410 | + | corporation. The adoption of such rules or procedures shall not be 1158 |
---|
| 1411 | + | subject to chapter 54. Any such rules or procedures shall be a public 1159 |
---|
| 1412 | + | record as defined in section 1-200. 1160 |
---|
| 1413 | + | Sec. 38. Subdivision (14) of section 31-49h of the general statutes is 1161 |
---|
| 1414 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1162 |
---|
| 1415 | + | 2025): 1163 |
---|
| 1416 | + | (14) Make and enter into any contract or agreement necessary or 1164 |
---|
| 1417 | + | incidental to the performance of its duties and execution of its powers. 1165 |
---|
| 1418 | + | [The] Except for the provisions in chapter 62 concerning state 1166 |
---|
| 1419 | + | contracting agencies, the contracts and agreements entered into by the 1167 |
---|
| 1420 | + | authority shall not be subject to the approval of any other state 1168 |
---|
| 1421 | + | department, office or agency, provided copies of all such contracts shall 1169 |
---|
| 1422 | + | be maintained by the authority as public records, subject to the 1170 |
---|
| 1423 | + | proprietary rights of any party to such contracts. No contract shall 1171 |
---|
| 1424 | + | contain any provision in which any contractor derives any direct or 1172 |
---|
| 1425 | + | indirect economic benefit from denying or otherwise influencing the 1173 |
---|
| 1426 | + | outcome of any claim for benefits. The standard criteria for the 1174 |
---|
| 1427 | + | evaluation of proposals relating to claims processing, web site 1175 |
---|
| 1428 | + | development, database development, marketing and advertising, in the 1176 |
---|
| 1429 | + | event the authority seeks the services of an outside contractor for such 1177 |
---|
| 1430 | + | tasks, and for the evaluation of proposals relating to all other contracts 1178 |
---|
| 1431 | + | in amounts equal to or exceeding two hundred fifty thousand dollars 1179 |
---|
| 1432 | + | shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1180 |
---|
| 1433 | + | efficiency of operations, (D) quality of work related to the contracts 1181 |
---|
| 1434 | + | issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1182 |
---|
| 1435 | + | analysis documenting the direct and indirect costs of such contracts, 1183 |
---|
| 1436 | + | including qualitative and quantitative benefits that will result from the 1184 |
---|
| 1437 | + | implementation of such contracts. The establishment of additional 1185 |
---|
| 1438 | + | Raised Bill No. 1499 |
---|
1392 | | - | (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 1222 |
---|
1393 | | - | of this section, no party may compel disclosure of the names and 1223 |
---|
1394 | | - | addresses of clients of an individual or entity that provides professional 1224 |
---|
1395 | | - | services, as defined in subdivision [(20)] (19) of section 4e-1, as amended 1225 |
---|
1396 | | - | by this act, when the disclosure of such names and addresses would 1226 |
---|
1397 | | - | constitute a violation of state or federal law, or the applicable rules of 1227 |
---|
1398 | | - | professional conduct governing such profession, as the case may be. 1228 |
---|
1399 | | - | Sec. 42. Subsection (c) of section 52-351b of the general statutes is 1229 |
---|
1400 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 1230 |
---|
1401 | | - | 2025): 1231 |
---|
1402 | | - | (c) Notwithstanding the provisions of this section, no party may 1232 |
---|
1403 | | - | compel disclosure of the names and addresses of clients of an individual 1233 |
---|
1404 | | - | or entity that provides professional services, as defined in subdivision 1234 |
---|
1405 | | - | [(20)] (19) of section 4e-1, as amended by this act, when the disclosure of 1235 |
---|
1406 | | - | such names and addresses would constitute a violation of state or 1236 |
---|
1407 | | - | federal law, or the applicable rules of professional conduct governing 1237 |
---|
1408 | | - | such profession, as the case may be. 1238 |
---|
| 1442 | + | LCO No. 4155 40 of 43 |
---|
| 1443 | + | |
---|
| 1444 | + | standard criteria shall be approved by a two-thirds vote of the board 1186 |
---|
| 1445 | + | after such criteria have been posted on a public Internet web site 1187 |
---|
| 1446 | + | maintained by the authority for notice and comment for at least one 1188 |
---|
| 1447 | + | week prior to such vote. 1189 |
---|
| 1448 | + | Sec. 39. Subdivision (13) of section 38a-1083 of the general statutes is 1190 |
---|
| 1449 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1191 |
---|
| 1450 | + | 2025): 1192 |
---|
| 1451 | + | (13) Make and enter into any contract or agreement necessary or 1193 |
---|
| 1452 | + | incidental to the performance of its duties and execution of its powers, 1194 |
---|
| 1453 | + | including, but not limited to, an agreement with the Office of Health 1195 |
---|
| 1454 | + | Strategy to use funds collected under this section for the operation of 1196 |
---|
| 1455 | + | the all-payer claims database established under section 19a-755a and to 1197 |
---|
| 1456 | + | receive data from such database. The contracts entered into by the 1198 |
---|
| 1457 | + | exchange shall not be subject to the approval of any other state 1199 |
---|
| 1458 | + | department, office or agency, provided copies of all contracts of the 1200 |
---|
| 1459 | + | exchange shall be maintained by the exchange as public records, subject 1201 |
---|
| 1460 | + | to the proprietary rights of any party to the contract, except (A) as 1202 |
---|
| 1461 | + | provided in chapter 62, and (B) any agreement with the Office of Health 1203 |
---|
| 1462 | + | Strategy shall be subject to approval by said office and the Office of 1204 |
---|
| 1463 | + | Policy and Management and no portion of such agreement shall be 1205 |
---|
| 1464 | + | considered proprietary; 1206 |
---|
| 1465 | + | Sec. 40. Subsection (b) of section 46a-10b of the general statutes is 1207 |
---|
| 1466 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1208 |
---|
| 1467 | + | 2025): 1209 |
---|
| 1468 | + | (b) Notwithstanding the provisions of sections 4-212 to 4-219, 1210 |
---|
| 1469 | + | inclusive, subdivision [(21)] (20) of section 4e-1, as amended by this act, 1211 |
---|
| 1470 | + | and chapter 62a, not later than July 1, 2017, the Governor shall designate 1212 |
---|
| 1471 | + | a nonprofit entity to serve as the Connecticut protection and advocacy 1213 |
---|
| 1472 | + | system. 1214 |
---|
| 1473 | + | Sec. 41. Subsection (e) of section 52-278n of the general statutes is 1215 |
---|
| 1474 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1216 |
---|
| 1475 | + | Raised Bill No. 1499 |
---|
| 1476 | + | |
---|
| 1477 | + | |
---|
| 1478 | + | |
---|
| 1479 | + | LCO No. 4155 41 of 43 |
---|
| 1480 | + | |
---|
| 1481 | + | 2025): 1217 |
---|
| 1482 | + | (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 1218 |
---|
| 1483 | + | of this section, no party may compel disclosure of the names and 1219 |
---|
| 1484 | + | addresses of clients of an individual or entity that provides professional 1220 |
---|
| 1485 | + | services, as defined in subdivision [(20)] (19) of section 4e-1, as amended 1221 |
---|
| 1486 | + | by this act, when the disclosure of such names and addresses would 1222 |
---|
| 1487 | + | constitute a violation of state or federal law, or the applicable rules of 1223 |
---|
| 1488 | + | professional conduct governing such profession, as the case may be. 1224 |
---|
| 1489 | + | Sec. 42. Subsection (c) of section 52-351b of the general statutes is 1225 |
---|
| 1490 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1226 |
---|
| 1491 | + | 2025): 1227 |
---|
| 1492 | + | (c) Notwithstanding the provisions of this section, no party may 1228 |
---|
| 1493 | + | compel disclosure of the names and addresses of clients of an individual 1229 |
---|
| 1494 | + | or entity that provides professional services, as defined in subdivision 1230 |
---|
| 1495 | + | [(20)] (19) of section 4e-1, as amended by this act, when the disclosure of 1231 |
---|
| 1496 | + | such names and addresses would constitute a violation of state or 1232 |
---|
| 1497 | + | federal law, or the applicable rules of professional conduct governing 1233 |
---|
| 1498 | + | such profession, as the case may be. 1234 |
---|
1431 | 1523 | | Sec. 16 July 1, 2025 4e-18 |
---|
1432 | 1524 | | Sec. 17 July 1, 2025 4e-21(c) |
---|
1433 | 1525 | | Sec. 18 July 1, 2025 4e-24 |
---|
1434 | 1526 | | Sec. 19 July 1, 2025 4e-27 |
---|
1435 | 1527 | | Sec. 20 July 1, 2025 4e-30(a) |
---|
1436 | 1528 | | Sec. 21 July 1, 2025 4e-31 |
---|
1437 | 1529 | | Sec. 22 July 1, 2025 4e-34 |
---|
1438 | 1530 | | Sec. 23 July 1, 2025 4e-35 |
---|
1439 | 1531 | | Sec. 24 July 1, 2025 4e-37(g) to (i) |
---|
1440 | 1532 | | Sec. 25 July 1, 2025 4e-38 |
---|
1441 | 1533 | | Sec. 26 July 1, 2025 4e-40(2) |
---|
1442 | 1534 | | Sec. 27 July 1, 2025 4e-45 |
---|
1443 | 1535 | | Sec. 28 July 1, 2025 4e-46 |
---|
1444 | 1536 | | Sec. 29 July 1, 2025 4e-48(a) |
---|
1445 | 1537 | | Sec. 30 July 1, 2025 4e-72 |
---|
1446 | 1538 | | Sec. 31 July 1, 2025 15-31b(a)(15) |
---|
1447 | 1539 | | Sec. 32 July 1, 2025 15-31b(b) and (c) |
---|
1448 | 1540 | | Sec. 33 July 1, 2025 10a-196 |
---|
1449 | 1541 | | Sec. 34 July 1, 2025 10a-204b(s) |
---|
1450 | 1542 | | Sec. 35 July 1, 2025 10a-243 |
---|
1451 | 1543 | | Sec. 36 July 1, 2025 12-806(b)(16) |
---|
1452 | 1544 | | Sec. 37 July 1, 2025 12-815 |
---|
1453 | 1545 | | Sec. 38 July 1, 2025 31-49h(14) |
---|
1454 | 1546 | | Sec. 39 July 1, 2025 38a-1083(13) |
---|
1455 | 1547 | | Sec. 40 July 1, 2025 46a-10b(b) |
---|
1456 | 1548 | | Sec. 41 July 1, 2025 52-278n(e) |
---|
1457 | 1549 | | Sec. 42 July 1, 2025 52-351b(c) |
---|
1458 | 1550 | | |
---|