Connecticut 2021 Regular Session Status: Enacted

SB 1076 — AN ACT CONCERNING THE SUBMISSION OF UPDATE STATEMENTS, THE REMOVAL OF REFERENCES TO UPDATE BID STATEMENTS AND THE GRANTING OF EASEMENTS ON STATE LAND.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 18, 2021. Enacted.

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Advancing 50% · moderate confidence

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Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

157 added · 255 removed

157 line(s) added, 255 removed.

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Senate General Assembly File No.
Substitute Senate Bill No.
494 January Session, 2021 Substitute Senate Bill No.
1076 Public Act No.
1076 Senate, April 15, 2021 The Committee on Government Administration and Elections reported through SEN.
21-198 AN ACT CONCERNING THE SUBMISSION OF UPDATE STATEMENTS, THE REMOVAL OF REFERENCES TO UPDATE BID STATEMENTS AND THE GRANTING OF EASEMENTS ON STATE LAND.
FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING PUBLIC-PRIVATE PARTNERSHIPS AND PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF CONNECTICUT HEALTH CENTER.
(NEW) (Effective July 1, 2021) (a) As used in this section, (1) "Costs" means all reasonable, relevant and verifiable expenses, including salary, materials, supplies, services, equipment, capital depreciation, rent, maintenance, repairs, utilities, insurance, travel, overhead, interim and final payments and the normal cost of fringe benefits, as calculated by the State Comptroller;
Subsection (k) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
(2) "normal cost of fringe benefits" means the amount of contributions required to fund the fringe benefits allocated to the current year of service;
(k) (1) Any substantial evidence of fraud in obtaining or maintaining prequalification or any materially false statement in the application [,] or update statement [or update bid statement] may, in the discretion of the awarding authority, result in termination of any contract awarded the contractor by the awarding authority.
(3) "privatization contract" means an agreement or series of agreements between The University of Connecticut Health Center 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 The University of Connecticut Health Center employees;
The awarding authority shall provide written notice to the commissioner of such false statement not later than thirty days after discovering such false statement.
(4) sSB1076 / File No.
The commissioner shall provide written notice of such false statement to the Commissioner of Consumer Protection and the president of The University of Connecticut not later than thirty days after discovering such false statement or receiving such notice.
494 1 sSB1076 File No.
(2) The commissioner shall deny or revoke theprequalification of any contractor or substantial subcontractor if the commissioner finds that Substitute Senate Bill No.
494 "public-private partnership" means the relationship established between The University of Connecticut Health Center and a private entity by contracting for the performance of any combination of specified functions or responsibilities currently performed by The University of Connecticut Health Center;
1076 the contractor or substantial subcontractor, or a principal or key personnel of such contractor or substantial subcontractor, within the past five years (A) has included any materially false statement in a prequalification application [,] or update statement, [or update bid statement,] (B) has been convicted of, entered a plea of guilty or nolo contendere for, or admitted to, a crime related to the procurement or performance of any public or private construction contract, or (C) has otherwise engaged in fraud in obtaining or maintaining prequalification.
and (5) "savings" means the difference between the current annual direct and indirect costs of providing such services and the projected, annual direct and indirect costs of contracting to provide such services in any succeeding state fiscal year during the term of such proposed privatization contract.
Any revocation made pursuant to this subsection shall be made only after an opportunity for a hearing.
(b) (1) In lieu of complying with the provisions of section 4e-16 of the general statutes, The University of Connecticut Health Center shall obtain the approval of the General Assembly under this section prior to soliciting bids or issuing a request for proposals for any proposed privatization contract or public-private partnership contract that is estimated to cost in excess of one million dollars annually.
Any contractor or substantial subcontractor whose prequalification has been revoked pursuanttothissubsectionshallbedisqualified foraperiodoftwoyears after which the contractor or substantial subcontractor may reapply for prequalification, except that a contractor or substantial subcontractor whose prequalification has been revoked on the basis of conviction of a crime or engaging infraudshallbe disqualifiedfor aperiodoffive years after which the contractor or substantial subcontractor may reapply for prequalification.
The University of Connecticut Health Center shall file (A) any such bid solicitation or request for proposals with the clerks of the House of Representatives and Senate, and (B) a copy of such solicitation or request for proposals with the joint standing committees of the General Assembly having cognizance of matters relating to higher education and government administration, in accordance with the provisions of section 11-4a of the general statutes.
The commissioner shall not prequalify a contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subdivision until the expiration of said two-year, five- year, or other applicable disqualification period and the commissioner is satisfied that the matters that gave rise to the revocation have been eliminated or remedied.
As part of such filing, the chief executive officer of The University of Connecticut Health Center shall certify that, based on the data and information, all projected costs, savings and benefits are valid and achievable.
Any filing made under this subsection may be electronic.
(2) The General Assembly shall approve such bid solicitation or request for proposals as a whole, by a majority vote of each house or may reject such bid solicitation or request for proposals as a whole, by a majority vote of either house.
If the General Assembly is in session, it shall vote to approve or reject such bid solicitation or request for proposals not later than thirty days after The University of Connecticut Health Center files such bid solicitation or request with the General Assembly.
Such thirty-day period shall not begin or expire unless the sSB1076 / File No.
494 2 sSB1076 File No.
494 General Assembly is in regular session.
If the General Assembly is not in session when such bid solicitation or request for proposals is filed, it shall be submitted to the General Assembly not later than ten days after the first day of the next regular session or special session called for such purpose.
For the purposes of this subsection, any bid solicitation or request for proposals filed with the clerks of the House of Representatives and Senate within thirty days before the commencement of a regular session of the General Assembly shall be deemed to be filed on the first day of such session.
(c) The filing of any proposed bid solicitation or request for proposals by a state contracting agency in accordance with subsection (b) of this section shall be deemed to satisfy all requirements of subsections (c) and (d) of section 4e-16 of the general statutes.
Subdivision (28) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
Subsection (n) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
(28) "State contracting agency" means any executive branch agency, board, commission, department, office, institution or council.
(n) The commissioner shall establish an update statement for use by contractors and substantial subcontractors for purposes of renewing or upgrading a prequalification certificate [and an update bid statement] for purposes of submitting a bid pursuant to section 4b-91, as amended by this act.
"State contracting agency" does not include the judicial branch, the legislative branch, the offices of the Secretary of the State, the State Comptroller, the Attorney General, the State Treasurer, with respect to their constitutional functions, any state agency with respect to contracts specific to the constitutional and statutory functions of the office of the State Treasurer.
Public Act No.
For the purposes of section 4e-16, "state contracting agency" includes any constituent unit of the state system of higher education, [and] for the purposes of section 4e-19, "state contracting agency" includes the State Education Resource Center, established under section 10-4q, and for the purposes of section 1 of this act, "state contracting agency" includes The University of Connecticut Health Center;
21-198 2 of 6 Substitute Senate Bill No.
This act shall take effect as follows and shall amend the following sections:
1076 Sec.
sSB1076 / File No.
3.
494 3 sSB1076 File No.
Subsections (d) and (e) of section 4b-91 of the general statutes arerepealedandthefollowingissubstitutedinlieuthereof(EffectiveJuly 1, 2021):
494 Section 1 July 1, 2021 New section Sec.
(d) Each bid submitted for a contract described in subsection (c) of this section shall include an update [bid] statement in such form as the Commissioner of Administrative Services prescribes and, if required by the public agency soliciting such bid, a copy of the prequalification certificate issued by the Commissioner of Administrative Services.
2 July 1, 2021 4e-1(28) Statement of Legislative Commissioners:
The formforsuchupdate[bid]statementshallprovidespaceforinformation regarding all projects completed by the bidder since the date the bidder's prequalification certificate was issued or renewed, all projects the bidder currently has under contract, including the percentage of work on such projects not completed, the names and qualifications of the personnel who will have supervisory responsibility for the performance of the contract, any significant changes in the bidder's financialpositionorcorporatestructuresince thedatethecertificatewas issued or renewed, any change in the contractor's qualification status as determined by the provisions of subdivision (6) of subsection (c) of section 4a-100 and such other relevant information as theCommissioner of Administrative Services prescribes.
In Section 1(a)(4), "Health Center" was added for consistency with the rest of the section, in Section 1(b)(1) and (c), "submission" was changed to "filing" for consistency and in section 1(b)(2), "contract" was changed to "bid solicitation or request" for accuracy.
[Any bid submitted without a copy of the prequalification certificate, if required by the public agency soliciting such bid, and an update bid statement shall be deemed invalid.] Any public agency that accepts a bid submitted without a copy of such prequalification certificate, if required by such public agency soliciting such bid, and an update [bid] statement, may become ineligible for the receipt of funds related to such bid, except the public agency soliciting such bids may allow bidders no more than two business days after the opening of bids to submit a copy of the prequalification certificate, if required by such public agency, and an update statement.
GAE Joint Favorable Subst.
(e) Any person who bids on a contract described in subsection (c) of Public Act No.
-LCO sSB1076 / File No.
21-198 3 of 6 Substitute Senate Bill No.
494 4 sSB1076 File No.
1076 this section shall certify under penalty of false statement at the conclusion of the bidding process that the information in the bid is true, that there has been no substantial change in the bidder's financial position or corporate structure since the bidder's most recent prequalification certificate was issued or renewed, other than those changes noted in the update [bid] statement, and that the bid was made without fraud or collusion with any person.
494 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
Sec.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
4.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
Section 4b-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
Show all 93 changed rows (53 more)
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OFA Fiscal Note State Impact:
As used in this chapter and except as otherwise provided, "lowest responsible and qualified bidder" means the bidder who is prequalified pursuant to section 4a-100, and whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to faithful performance of the work based on objective criteria considering past performance and information contained in the update [bid] statement submitted pursuant to section 4b-91, as amended by this act.
Agency Affected Fund-Effect FY 22 $ FY 23 $ UConn Health Ctr.
Essential information in regard to such qualifications shall be submitted with the bid in such form as the awarding authority may require by specification in the bid documents and on the bid form.
Various - See Potential Potential Below Significant Significant Note:
Every general bid shall be accompaniedbyabidbondoracertifiedcheckinanamountwhichshall be ten per cent of the bid, provided no such bid bond or certified check shall be required in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than fifty thousand dollars.
Various=Various Municipal Impact:
Failure to execute a contract awarded as specified and bid shall result in the forfeiture of such bid bond or certified check.
None Explanation The bill may prevent or delay for up to approximately eight months any savings, costs, or revenue generated to UConn Health Center that would be anticipated to result from an effort to engage in a public- private partnership or a privatization contract.
In considering past performance the awarding authority shall evaluate the skill, ability and integrity of bidders in terms of the bidders' fulfillment of contract obligations and of the bidders' experience or lack of experience with projects of the nature and scope of the project for which the bids are submitted.
The bill may affect numerous such efforts and if so, will have significant impacts on UConn Health's finances and daily operations, depending on the interpretation of various provisions.
Public Act No.
The bill requires:
21-198 4 of 6 Substitute Senate Bill No.
(1) UConn Health to file with the General Assembly any bid solicitation or request for proposals (RFP) regarding a public- private partnership or a privatization contract that involves costs exceeding $1 million annually, and (2) the General Assembly to vote to approve or reject every qualifying solicitation or RFP.
1076 Sec.
The fiscal impact of the bill depends in large part on the scope of UConn Health public-private partnerships that would qualify for legislative review, which is unclear in the bill language and could potentially be broad, with significant impacts to finances and daily operations.
5.
Under a broad interpretation, "public-private partnerships" sSB1076 / File No.
Section 4b-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
494 5 sSB1076 File No.
(a) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services may (1) grant easements with respect to land owned by the state to a public service company, as defined in section 16-1, the owner of a district heating and cooling system, a municipal water or sewer authority or a telecommunications company, as defined in section 16-1, subject to the approvalof the Office of Policy and Management, the agency having supervision of the care and control of such land and the State Properties Review Board, and (2) acquire easements with respect to land not owned by the state in connection with a Department of Administrative Services project, subject to the approval of the State Properties Review Board.
494 involving at least $1 million annually may encompass many current or potential UConn Health services contracts that the health system uses for daily operations.
No easement granted under subdivision (1) of this section shall be for the disposal or storage of radioactive or hazardous waste materials.
Current or recent examples of these contracts include:
The commissioner shall provide notice of any easement granted under said subdivision to the chief executive official of the municipality, and the members of the General Assembly representing the municipality, in which the land is located.
• private contracted nurse and other medical staff who temporarily fill shifts when UConn Health employees resign and refill hiring is underway, • contracts with outside surgery groups to allow UConn Health to fully meet patient demand in a timely way, and • supplementary lab testing capacity (e.g., during COVID-19 when volume substantially increased beyond the capacity of UConn Health's lab).
(b) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services may (1) grant rights-of-way or other easements with respect to landowned by thestate to thefederal government or any political subdivision of the state for public purposes if the commissioner finds that such purposes are not in conflict with the public interest, subject to the approval of the Office of Policy and Management, the agency having supervision of the care and control of such land, and the State Properties Review Board, and (2) acquire easements with respect to landowned by the federal government or any political subdivision of the state for public purposes if the commissioner finds that such purposes do not conflict with the public interest, subject to the approval of the State Properties Review Board.
The fiscal impact also depends on whether the bill's requirements extend to renewals of public-private partnership contracts and to new contracts for services previously provided by a different company.
Public Act No.
The process created by thebilldelaysany costsor savings, or revenue generated, that could be anticipated to result from any bid solicitation or RFP covered by the bill.
21-198 5 of 6 Substitute Senate Bill No.
The length of the delay would be equal to the amount of time between the General Assembly receiving the UConn Health Center's filing, and the date of an affirmative vote or rejection.
1076 Approved July 13, 2021 Public Act No.
Thevotemustoccurwithinaspecifiedtimeframethatisequalto30days if the legislature is in session, or up to approximately eight months if not, in order for the effort to proceed.
21-198 6 of 6
If one chamber of the General Assembly rejects the filing, the bid solicitation or RFP will be halted, which prevents the realization of any savings or costs that would have resulted.
The Out Years The annualized ongoing fiscal impact identified above would continueintothefuture.
Thefiscalimpactdependsonthe interpretation of the bill's scope, length of delay described above, and the amount of any one-time or annual savings, costs, or revenue anticipated to result sSB1076 / File No.
494 6 sSB1076 File No.
494 from a bid solicitation or request for proposals regarding public-private partnerships or a privatization contract.
sSB1076 / File No.
494 7 sSB1076 File No.
494 OLR Bill Analysis sSB 1076 AN ACT CONCERNING PUBLIC-PRIVATE PARTNERSHIPS AND PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF CONNECTICUT HEALTH CENTER.
SUMMARY This bill requires the UConn Health Center (UCHC) to obtain the legislature’s approval before soliciting bids or issuing a request for proposals (RFP) for any proposed privatization contract or public- private partnership (P3) estimated to cost more than $1 million annually.
It requires a majority vote in both houses to approve the solicitation or RFP;
the legislature may reject it by a majority vote in either house.
The bill specifies that UCHC’s compliance with the bill satisfies existing law’s requirements for state agency privatization contracts (see BACKGROUND).
EFFECTIVE DATE:
July 1, 2021 REQUIREMENTS FOR PRIVATIZATION CONTRACTS AND P3 AGREEMENTS Privatization and P3 Components Under the bill, a privatization contract is an agreement or series of agreements between UCHC and a person or entity to provide services substantially similar to and in place of (in whole or in part) those provided by UCHC employees.
A P3 is the relationship between UCHC and a private entity established by contracting for the performance of any combination of specified functions or responsibilities currently performed by UCHC.
As part of the submission to the legislature (see below), the bill requires the health center’s chief executive officer to certify that all sSB1076 / File No.
494 8 sSB1076 File No.
494 projected costs, savings, and benefits are valid and achievable based on the data and information.
(The bill does not specify what data and informationthisrefersto.)Under thebill,savingsrefersto thedifference between the services’ current annual direct and indirect costs and the projected annualdirect andindirect costsof contracting to providethem in any succeeding state fiscal year during the proposed contract’s term.
Under the bill, costs refers to all reasonable, relevant, and verifiable expenses.
They include salary, materials, supplies, services, equipment, capital depreciation, rent, maintenance, repairs, utilities, insurance, travel, overhead, interim and final payments, and the normal cost of fringe benefits (i.e., the amount of contributions calculated by the state comptroller that is required to fund the fringe benefits allocated to the current year of service).
Submission to Legislature The bill requires UCHC to submit the bid solicitation or RFP to the House and Senate clerks with a copy to the Government Administration and Elections and Higher Education and Employment Advancement committees.
It allows the submission to be electronic.
If the legislature is in session, it must vote on the proposal within 30 days after its submission.
The bill specifies that the 30-day period cannot begin or end if the legislature is not in regular session.
Under the bill, if the legislature is out of session when a solicitation or RFP is filed with the clerks, then it must be submitted to the legislature within 10 days after the start of the next regular session, or a special session called for that purpose.
However, the bill deems any solicitation or RFP filed with the clerks within 30 days before a regular session as being filed on the first day of session.
Legislative Approval The bill requires a majority vote in both houses to approve the solicitation or RFP;
the legislature may reject it by a majority vote in either house.
(The bill does not specify what happens if the legislature does not act within the 30-day timeframe.) sSB1076 / File No.
494 9 sSB1076 File No.
494 BACKGROUND Privatization Law By law, if a state contracting agency seeks to enter into a contract that privatizes services performed by state employees, it generally must conduct a cost-benefit analysis and submit a business case to the State Contracting Standards Board for its approval.
The business case must include, among other things, the cost-benefit analysis and 11 other analyses relating to the privatized service, such as its goals and their rationale, and options for achieving them (CGS § 4e-16(d)).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 18 Nay 0 (03/29/2021) sSB1076 / File No.
494 10
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-198

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. HOUSE CALENDAR NUMBER 607

  9. FAV. RPT., TABLED FOR HOUSE CALENDAR

  10. TRANSMITTED PURSUANT TO JOINT RULES.

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

  13. FILE NO. 494

  14. SENATE CALENDAR NUMBER 287

  15. FAV. RPT., TAB. FOR CAL., SEN.

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/14/21

  18. FILED WITH LCO

  19. Joint Favorable

  20. PUBLIC HEARING 0326

  21. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

  • Government Administration And Elections Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Government Administration And Elections Committee

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 1076?
SB 1076 is sponsored by Government Administration And Elections Committee.
What is the current status of SB 1076?
This bill has been enacted into law. Introduced March 18, 2021. Enacted.
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