SB 790 — AN ACT CONCERNING IMPROVEMENTS TO THE STATE CONTRACTING STANDARDS BOARD.

General Assembly   Governor'sSubstitute Bill No.

790 January Session, 2017   LCO*_____SB00790GAE___032817____* No.AN ACT CONCERNING IMPROVEMENTS TO THE STATE CONTRACTING STANDARDS BOARD.

3795   *03795__________* Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS   Introduced by:

  SEN.

LOONEY, 11th Dist.

SEN.

DUFF, 25th Dist.

REP.

ARESIMOWICZ, 30th Dist.

REP.

RITTER M., 1st Dist.

  AN ACT CONCERNING IMPROVEMENTS TO THE STATE CONTRACTING STANDARDS BOARD.

(4) "Board" means the State Contracting Standards Board;Board established pursuant to section 4e-2, as amended by this act;

(23) "Professional services" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, including, but not limited to, the professional services of architects, professional engineers, or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, attorneys-at-law, psychologists, licensed marital and family therapists, licensed professional counselorscounselors, and licensed clinical social workersworkers, asprofessional wellservices asperformed suchjointly otherby architects and professional engineers and any professional services described in section 33-182a;

"State contracting agency" does not include (A) the judicial branch, (B) the legislative branch, (C) the offices of the Secretary of the State, the State Comptroller, the Attorney General [,] and the State Treasurer, with respect to their constitutional functions, (D) the Department of Administrative Services, with respect to procurement for services and supplies in an amount equal to ten million dollars or less on a state-wide basis pursuant to section 4a-51, and (E) any state agency, with respect to contracts specific to the constitutional and statutory functions of the office of the State Treasurer.

[and for the purposes of section 4e-19, "state contracting agency" includes the State Education Resource Center, established under section 10-4q;] (30) "State employee" means a state employee, as defined in section 5-154 and, for the purposes of section 4e-16, as amended by this act, "state employee" includes an employee of any state contracting agency;

and] [(32) "State employee" means state employee, as defined in section 5-154 and, for purposes of section 4e-16, state employee includes an employee of any state contracting agency.] (33) "Vote of two-thirds of the members of the board present and voting" means a vote by the State Contracting Standards Board that is agreed upon by two-thirds of the members of the Stateboard Contracting Standards Board present and voting for a particular purpose.

Section 4e-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2017):2019):

(a) All rights, powers, duties and authority relating to the procurement policies of the state, vested in, or exercised by, any state contracting agency may be reviewed and may also be exercised by the board, provided such rights, powers, duties and authority may be reviewed and exercised by the board as provided in this [section and sections 4e-4 to 4e-47, inclusive] chapter, and absent any affirmative action by the board,board [,] pursuant to [said sections] this chapter, shall not be deemed to limit or restrict the exercise of such rights, powers, duties and authority by any such state contracting agency.

Section 4e-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2017):2019):

[(4)] (D) Conditions and procedures for the procurement of perishables[perishables] perishable items and items for resale;

[(d) Make] (4) To make recommendations with regard to information systems for state procurementprocurement, including, but not limited to, data element and design and the State Contracting Portal;

[(e) Develop] (5) To develop a guide to state[state] the provisions of the general statutes and regulations concerning procurement,procurement [,] for use by all state contracting agencies;

[(f) Assist] (6) To assist state contracting agencies in complying with the provisions of the general statutes and regulations concerning procurement by providing guidance, models, advice and practical assistance to state contracting agency staff relating to:

[(1)] (A) Buying the best service at the best price, [(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts that achieve state goals of accountability, transparency and [results based] results-based outcomes and [to protect] protecting taxpayers' interest;[interest] interests;

and [(h) Review] (8) To review and certify, on or after January 1, 2009, that a state contracting agency's procurement processes are in compliance with the provisions of the general statutes and regulations concerning procurement by:

All agency procurement officers and contracting officers designated under this provision[provision] subparagraph shall be required to maintain the certification in good standing at all times while performing procurement functions;

(4) training to[to] of current and prospective contractors and vendors and others seeking to do business with the state;

Section 4e-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2017):2019):

Section 4e-18 of the general statutes is repealed and the following is substituted in lieu thereof (Effective OctoberJuly 1, 2017):2019):

(b) Each contract of a state contracting agency shall provide that the contractor shall, upon the request of such agency, submit all necessarydocumentation documentation,that the agency may require, including data concerning cost, in the form required by the agency for the specific contract type.

(a) [Any]Any Except as otherwise provided by law, after the bidder or proposer on a state contract has exhausted all available administrative remedies within the state contracting agency, such bidder or proposer may contest the solicitation or award of a contract to a subcommittee of the State Contracting Standards Board [which]which that shall be appointed by the chairperson of the board and consist of three members, at least one of whom shall be a legislative appointee.

and (2) Indicate [such] the state contracting agency's finding as to the merits of such bidder or proposer's contest.contest;

[;and (3) Inform such bidder or proposer of the right to review.

and] [(3) Inform such bidder or proposer of the right to review.] (e) [A] The subcommittee shall provide a copy of [such] its decision [shall be provided to such] to the bidder or proposer contesting the award and to the applicable state contracting agency.

On or after January 1, 2011, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, to apply the contracting procedures, as described in sections 4e-18, as amended by this act, [to 4e-45, inclusive,] 4e-25, 4e-29 to 4e-31, inclusive, as amended by this act, 4e-34 to 4e-36,4e-40, inclusive, as amended by this act, 4e-39, 4e-40 and 4e-43, as amended by this act, to each constituent unit of the state system of higher education.

Sections 4e-19 to 4e-24, inclusive, 4e-26 to 4e-28, inclusive, 4e-32, 4e-33, 4e-37, 4e-38, 4e-41, 4e-42, 4e-44 to 4e-46, inclusive, and 4e-49 of the general statutes are repealed.

3 OctoberJuly 1, 20172019 4e-3 Sec.

4 OctoberJuly 1, 20172019 4e-4 Sec.

6 OctoberJuly 1, 20172019 4e-6 Sec.