Bill Text: CT SB00251 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning State Construction And State Information And Telecommunication Systems.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-16 - File Number 515 [SB00251 Detail]
Download: Connecticut-2018-SB00251-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____SB00251GAE___032818____* |
AN ACT CONCERNING STATE CONSTRUCTION AND STATE INFORMATION AND TELECOMMUNICATION SYSTEMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsections (d) and (e) of section 4b-91 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(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. The form for such update [bid] statement shall provide space for information 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 financial position or corporate structure since the date the certificate was 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 the Commissioner of Administrative Services prescribes. [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 that the public agency soliciting such bids may allow bidders no more than two business days after the opening of such bids to submit a copy of the prequalification certificate, if required by such public agency, and an update statement.
(e) Any person who bids on a contract described in subsection (c) of 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.
Sec. 2. Subsection (k) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(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. The awarding authority shall provide written notice to the commissioner of such false statement not later than thirty days after discovering such false statement. 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.
(2) The commissioner shall deny or revoke the prequalification of any contractor or substantial subcontractor if the commissioner finds that 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. Any revocation made pursuant to this subsection shall be made only after an opportunity for a hearing. Any contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subsection shall be disqualified for a period of two years 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 in fraud shall be disqualified for a period of five years after which the contractor or substantial subcontractor may reapply for prequalification. 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.
Sec. 3. Subsection (n) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(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.
Sec. 4. Section 4b-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
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, as amended by this act, 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. 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. Every general bid shall be accompanied by a bid bond or a certified check in an amount which shall 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. Failure to execute a contract awarded as specified and bid shall result in the forfeiture of such bid bond or certified check. 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.
Sec. 5. Subsection (b) of section 4d-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) There is established an information and telecommunication systems executive steering committee consisting of the following members or their designees: The Commissioner of Administrative Services, the Secretary of the State and the Secretary of the Office of Policy and Management and not more than four other members who are commissioners of an executive branch state agency, appointed jointly by the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management. The Commissioner of Administrative Services, or a designee, shall serve as chairperson of the committee. The Department of Administrative Services shall serve as staff to the committee. The committee shall (1) review and approve or disapprove the annual information and telecommunication systems strategic plan developed under section 4d-7, state agency estimates of expenditure requirements for information and telecommunication systems established under section 4d-11, and major telecommunication initiatives, [(2) review, in consultation with the Department of Administrative Services, and approve or disapprove variances to (A) the list of approved architectural components for information and telecommunication systems for state agencies, (B) the strategic plan, and (C) appropriations for information and telecommunication systems,] and [(3)] (2) advise the Department of Administrative Services on the organization and functions of the department in regards to information and telecommunication systems. [The committee shall submit a report on each approved variance to the General Assembly, in accordance with the provisions of section 11-4a. Such report shall include the reasons for the variance and the results of a cost-benefit analysis on the variance.]
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2018 |
4b-91(d) and (e) |
Sec. 2 |
July 1, 2018 |
4a-100(k) |
Sec. 3 |
July 1, 2018 |
4a-100(n) |
Sec. 4 |
July 1, 2018 |
4b-92 |
Sec. 5 |
from passage |
4d-12(b) |
Statement of Legislative Commissioners:
Sections 1(e) and 2 were added for consistency with other provisions in the bill.
GAE |
Joint Favorable Subst. |