SB 989 — AN ACT CONCERNING THE STATE CONTRACTING STANDARDS BOARD AND REQUIREMENTS FOR PRIVATIZATION CONTRACTS.

General Assembly   RaisedSubstitute Bill No.

989 January Session, 2017   LCO*_____SB00989GAE___032817____* No.AN ACT CONCERNING THE STATE CONTRACTING STANDARDS BOARD AND REQUIREMENTS FOR PRIVATIZATION CONTRACTS.

4343   *04343_______GAE* Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS   Introduced by:

  (GAE)   AN ACT CONCERNING THE STATE CONTRACTING STANDARDS BOARD AND REQUIREMENTS FOR PRIVATIZATION CONTRACTS.

Subdivision (21) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2017):

(21) "Privatization contract" means (A) an agreement or series of agreements between a state contracting agency and a person or entity in which such person or entity agrees to provide services that are substantially similar to and in lieu of services provided, in whole or in part, by state employees, other than contracts with a nonprofit agency, which are in effect as of January 1, 2009, and which through a renewal, modification, extension or rebidding of contracts continue to be provided by a nonprofit agency.agency;

"Privatizationor contract"(B) includesa any procurement contract entered into on or after July 1, 2017, for which subsequent related services, the total cost of which exceed fifty thousand dollars per year, will be required;

Subdivision (28) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2017):

Subsection (m) of section 4e-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2017):

Subsection (c) of section 4e-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2017):

Subsection (p) of section 4e-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2017):

If the privatization contract is for a total amount of more than one million dollars, the state contracting agency shall also providedevelop a business case for such privatization contract in accordance with the provisions of subsection (d) of this section.

If such contract is not a renewal, the state contracting agency shall also consider and report, in writing, to the secretary on whether the quality of services could be diminished by the privatization contract and any risks associated with the termination or rescission of such contract.

Section 4e-16 of the general statutes is amended by adding subsections (r) to (t), inclusive, as follows (Effective fromJuly passage):1, 2017):

(NEW) (r) A state contracting agency that seeks to enter into or renew a privatization contract shall, not less than sixty days before entering into suchor contractrenewing orsuch renewal,contract, provide written notice to any collective bargaining agent that represents state employees performing work of the type and nature required by the privatization contract.

Such notice shall include the information required under subsections (a) to (d), inclusive, of this section, or subsection (p) of this section, as applicable, and shall offer the collective bargaining agent the opportunity to meet with the agency to discuss such information and discuss whether the work could more appropriately be performed by state employees, prior to the contract or renewal being entered into or renewed by the agency.

(NEW) (s) Any state contracting agency that seeks approval of a contract that could be done more inexpensively by state employees but that determines there is an insufficient number of state employees within such agency to perform the contract shall, not later than sixty days after making such determination, submit a plan to the Secretary of the Office of Policy and Management for preventing a recurrence of such insufficiency by requesting authorization for the hiring of additional state employees.

On or [after January 1, 2011,] before January 1, 2017,2018, each constituent unit of the state system of higher education shall propose regulations to the State Contracting Standards Board to be adopted by the board.

Until such regulations are adopted by the State Contracting Standards Board, the provisions of sections 4e-18 to 4e-46, inclusive, shall apply to every expenditure of public funds by any constituent unit of the state system of higher education, irrespective of suchthe funds'source source.of such funds.

Such liaison shall notify the board of any privatization contract valued at over fifty thousand dollars and shall provide the board any evaluationsevaluation or analysis of such contract not later than ten days after the agency completes such evaluation or analysis.

ElectronicAn communicationselectronic communication to the board directingthat directs the staff of the board to postingsa posting on the State Contracting Portal shall constitute sufficient notice under this subsection.

Section 1 fromJuly passage1, 2017 4e-1(21) Sec.

2 fromJuly passage1, 2017 4e-1(28) Sec.

3 fromJuly passage1, 2017 4e-2(m) Sec.

4 fromJuly passage1, 2017 4e-13(c) Sec.

5 fromJuly passage1, 2017 4e-16(p) Sec.

6 fromJuly passage1, 2017 4e-16 Sec.

8 July 1, 2017 New section Statement of Purpose:Legislative Commissioners:

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[ProposedGAE deletionsHouse areFavorable enclosedSubst. in brackets.

Proposed-LCO additions  are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]