Bill Text: CT SB00251 | 2018 | General Assembly | Introduced
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-Introduced.html
General Assembly |
Raised Bill No. 251 | ||
February Session, 2018 |
LCO No. 1673 | ||
*01673_______GAE* | |||
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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Introduced by: |
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(GAE) |
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AN ACT CONCERNING THE STATE SET-ASIDE PROGRAM, ADVERTISING FOR STATE SPACE NEEDS, STATE CONSTRUCTION PROJECTS AND STATE INFORMATION AND TELECOMMUNICATION SYSTEMS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 4a-60g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019, and applicable to certifications issued or renewed on or after said date):
(a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the following terms have the following meanings:
(1) "Small contractor" means any contractor, subcontractor, manufacturer, service company or nonprofit corporation that (A) [that] maintains its principal place of business in the state, [(B) that had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year prior to such application, and (C) that is independent. "Small contractor" does not include any person who is affiliated with another person if both persons considered together have a gross revenue exceeding fifteen million dollars] and (B) is certified as a small business with the United States Small Business Administration.
[(2) "Independent" means the viability of the enterprise of the small contractor does not depend upon another person, as determined by an analysis of the small contractor's relationship with any other person in regards to the provision of personnel, facilities, equipment, other resources and financial support, including bonding.]
[(3)] (2) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services itself or through its head.
[(4)] (3) "Minority business enterprise" means any small contractor (A) fifty-one per cent or more of the capital stock, if any, or assets of which are owned by a person or persons who (i) exercise operational authority over the daily affairs of the enterprise, (ii) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (iii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (iv) are members of a minority, as such term is defined in subsection (a) of section 32-9n, or are individuals with a disability, or (B) which is a nonprofit corporation in which fifty-one per cent or more of the persons who (i) exercise operational authority over the enterprise, (ii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, (iii) have the power to direct the management and policies of the enterprise, and (iv) are members of a minority, as defined in this subsection, or are individuals with a disability.
[(5)] (4) "Affiliated" means the relationship in which a person directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.
[(6)] (5) "Control" means the power to direct or cause the direction of the management and policies of any person, whether through the ownership of voting securities, by contract or through any other direct or indirect means. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, twenty per cent or more of any voting securities of another person.
[(7)] (6) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity.
[(8)] (7) "Individual with a disability" means an individual (A) having a physical or mental impairment that substantially limits one or more of the major life activities of the individual, which mental impairment may include, but is not limited to, having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or (B) having a record of such an impairment.
[(9)] (8) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto.
[(10)] (9) "Municipality" means any town, city, borough, consolidated town and city or consolidated town and borough.
[(11)] (10) "Quasi-public agency" has the same meaning as provided in section 1-120.
[(12)] (11) "Awarding agency" means a state agency or political subdivision of the state other than a municipality.
[(13)] (12) "Public works contract" has the same meaning as provided in section 46a-68b.
[(14)] (13) "Municipal public works contract" means that portion of an agreement entered into on or after October 1, 2015, between any individual, firm or corporation and a municipality for the construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees but excluding any project of an alliance district, as defined in section 10-262u, financed by state funding in an amount equal to fifty thousand dollars or less.
[(15)] (14) "Quasi-public agency project" means the construction, rehabilitation, conversion, extension, demolition or repair of a building or other changes or improvements in real property pursuant to a contract entered into on or after October 1, 2015, which is financed in whole or in part by a quasi-public agency using state funds, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.
Sec. 2. Subsection (f) of section 4a-60g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019, and applicable to certifications issued or renewed on or after said date):
(f) The awarding authority may require that a contractor or subcontractor awarded a contract or a portion of a contract under this section furnish the following documentation: (1) A copy of the certificate of incorporation, certificate of limited partnership, partnership agreement or other organizational documents of the contractor or subcontractor; (2) a copy of federal income tax returns filed by the contractor or subcontractor for the previous year; [and] (3) evidence of payment of fair market value for the purchase or lease by the contractor or subcontractor of property or equipment from another contractor who is not eligible for set-aside contracts under this section; (4) evidence that the principal place of business of the contractor or subcontractor is located in the state; and (5) evidence of certification with the United States Small Business Administration as a small business.
Sec. 3. Subsection (k) of section 4a-60g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019, and applicable to certifications issued or renewed on or after said date):
(k) (1) On or before January 1, 2000, the Commissioner of Administrative Services shall establish a process for certification of small contractors and minority business enterprises as eligible for set-aside contracts. Each certification shall be valid for a period not to exceed two years, unless the Commissioner of Administrative Services determines that an extension of such certification is warranted, provided any such extension shall not exceed a period of six months from such certification's original expiration date. [Any paper application for certification shall be no longer than six pages.] Any certification issued prior to January 1, 2019, shall remain valid for the term listed on such certification unless revoked pursuant to subdivision (2) of this subsection. The Department of Administrative Services shall maintain on its web site an updated directory of small contractors and minority business enterprises certified under this section.
(2) The Commissioner of Administrative Services may deny an application for the initial issuance or renewal of such certification after issuing a written decision to the applicant setting forth the basis for such denial. The commissioner may revoke such certification for cause after notice and an opportunity for a hearing in accordance with the provisions of chapter 54. Any person aggrieved by the commissioner's decision to deny the issuance or renewal of or to revoke such certification may appeal such decision to the Superior Court, in accordance with the provisions of section 4-183.
(3) Whenever the Commissioner of Administrative Services has reason to believe that a small contractor or minority business enterprise who has applied for or received certification under this section has included a materially false statement in his or her application, the commissioner may impose a penalty not exceeding ten thousand dollars after notice and a hearing held in accordance with chapter 54. Such notice shall include (A) a reference to the statement or statements contained in the application alleged to be false, (B) the maximum civil penalty that may be imposed for such misrepresentation, and (C) the time and place of the hearing. Such hearing shall be fixed for a date not later than fourteen days from the date such notice is sent. The commissioner shall send a copy of such notice to the Commission on Human Rights and Opportunities.
(4) The commissioner shall hold a hearing prior to such revocation or denial or the imposition of a penalty. [, unless such contractor or subcontractor fails to appear.] If, after the hearing, the commissioner finds that the contractor or subcontractor has wilfully included a materially false statement in his or her application for certification under this subsection, the commissioner shall revoke or deny the certification and may order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the commissioner may, as the facts require, revoke or deny the certification and order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. The commissioner shall send a copy of any order issued pursuant to this subsection to the contractor or subcontractor named in such order. The commissioner may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
Sec. 4. Section 4b-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Except as provided under subsection [(e)] (c) of this section, whenever it appears from the specifications of the requesting agency or institution that the space needs equal or exceed two thousand five hundred square feet and the Commissioner of Administrative Services has determined that such needs will be met by lease of space, the commissioner shall give public notice of such space needs and specifications by [advertising, at least once, in a newspaper having a substantial circulation in the area in which such space is sought,] posting notice on the State Contracting Portal no less than fifteen days prior to the date of final selection. A copy of such notice shall be sent to the regional chapter of the Connecticut Association of Realtors serving the area in which such space is sought. The provisions of this subsection shall not be construed to require the commissioner to lease space only from persons responding to such [advertisements] posting.
[(b) The commissioner shall maintain a list of prospective lessors, which shall be updated at least annually after suitable notice to the public through the various media in the state.]
[(c) The commissioner shall maintain and continuously update an inventory of potential space to lease.]
[(d)] (b) Whenever space sufficient to meet the needs of a requesting agency or institution is owned by a political subdivision of the state and is available for lease, the commissioner may lease such space without complying with the requirements of subsection (a) of this section, if [he] the commissioner has determined that the rent and other terms of the proposed lease are at least as favorable to the state as prevailing rental rates and terms for privately owned space.
[(e)] (c) The provisions of subsection (a) of this section shall not apply in the case of (1) a terminating lease which the commissioner decides to renegotiate, if the commissioner submits his or her proposal to the State Properties Review Board not later than nine months before the expiration of such lease, (2) a lease (A) which is renegotiated or on holdover status, for a term of not more than eighteen months, and (B) which is for an agency that is scheduled to move into a state-owned building, or (3) the lease of new facilities following a declaration by the commissioner that (A) an emergency exists because a state facility has been damaged, destroyed or otherwise rendered unusable due to any cause, and (B) such emergency would adversely affect public safety or the proper conduct of essential state governmental operations. The State Properties Review Board shall approve or disapprove a lease proposal under subdivision (3) of this subsection [within] not later than five days after receipt of the proposal.
Sec. 5. Subsection (a) of section 4b-24b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Whenever realty uses designed uniquely for state use and for periods over five years are concerned, the Commissioner of Administrative Services shall, whenever practicable, attempt to construct on state-owned land. Whenever the Commissioner of Administrative Services has established specific plans and specifications for new construction on state land or new construction for sale to the state: (1) If it appears to the commissioner that the cost of the project shall be less than one million five hundred thousand dollars, contracts shall be made, where practicable, through a process of sealed bidding as provided in section 4b-91 relating to projects in excess of one million five hundred thousand dollars; (2) if it appears to the commissioner that the space needs of the requesting agency are less than five thousand square feet, the commissioner shall, whenever practicable, [carry on advertising] post notice on the State Contracting Portal, in accordance with the provisions of section 4b-34, as amended by this act, relating to projects in excess of five thousand square feet, in order to allow an equal opportunity for third parties to do business with the state without regard to political affiliation, political contributions or relationships with persons in state, federal or local governmental positions.
Sec. 6. Subsection (d) of section 4b-91 of the general statutes is 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.
Sec. 7. 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. 8. 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. 9. Section 4b-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) In order to carry out any provision of this title for the construction, renovation or alteration of buildings or facilities, the Commissioner of Administrative Services may enter into a construction manager at-risk project delivery contract.
[(b) Except as provided in subsections (c) and (d) of this section, the Commissioner of Administrative Services shall not enter into a construction manager at-risk project delivery contract that does not provide for a maximum guaranteed price for the cost of construction that shall be determined not later than the time of the receipt and approval by the commissioner of the trade contractor bids. Each construction manager at-risk shall invite bids and give notice of opportunities to bid on project elements on the State Contracting Portal. Each bid shall be kept sealed until opened publicly at the time and place as set forth in the notice soliciting such bid. The construction manager at-risk shall, after consultation with and approval by the commissioner, award any related contracts for project elements to the responsible qualified contractor submitting the lowest bid in compliance with the bid requirements, provided (1) the construction manager at-risk shall not be eligible to submit a bid for any such project element, and (2) construction shall not begin prior to the determination of the maximum guaranteed price, except for the project elements of site preparation and demolition that have been previously put out to bid and awarded.]
(b) The commissioner may permit the construction manager at-risk to self-perform a portion of the construction work under the construction manager at-risk project delivery contract if the commissioner determines that the construction manager at-risk can perform the work more cost effectively than a subcontractor. The construction manager at-risk shall select subcontractors to perform all work not performed by the construction manager at-risk using a process approved by the commissioner. The construction manager at-risk project delivery contract shall have a maximum guaranteed price for the cost of construction that shall be determined not later than ninety days after the selection of the subcontractors. Construction shall not begin prior to the determination of the maximum guaranteed price, except for the project elements of site preparation and demolition.
(c) Construction may begin prior to the determination of the maximum guaranteed price for the project elements of site preparation, demolition, public utility installation and connections, and building envelope components, including the roof, doors, windows and exterior walls, provided (1) the project is the renovation of an existing building or facility; (2) the project element or elements involved in such early work have been previously put out to bid and awarded or awarded using the process approved by the commissioner under subsection (b) of this section; and (3) the total cost of construction of the early work does not exceed twenty-five per cent of the estimated cost of construction for the entire project.
(d) If such project involves the renovation of an existing building or facility that will be performed in multiple phases while such building or facility remains occupied, the Commissioner of Administrative Services may enter into a construction manager at-risk project delivery contract that provides for the maximum guaranteed price to be determined for each phase of the project, prior to beginning each such phase, provided all requirements of subsection (b) of this section other than the timing of the determination of the maximum guaranteed price are complied with.
Sec. 10. 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 |
January 1, 2019, and applicable to certifications issued or renewed on or after said date |
4a-60g(a) |
Sec. 2 |
January 1, 2019, and applicable to certifications issued or renewed on or after said date |
4a-60g(f) |
Sec. 3 |
January 1, 2019, and applicable to certifications issued or renewed on or after said date |
4a-60g(k) |
Sec. 4 |
July 1, 2018 |
4b-34 |
Sec. 5 |
July 1, 2018 |
4b-24b(a) |
Sec. 6 |
July 1, 2018 |
4b-91(d) |
Sec. 7 |
July 1, 2018 |
4a-100(n) |
Sec. 8 |
July 1, 2018 |
4b-92 |
Sec. 9 |
July 1, 2018 |
4b-103 |
Sec. 10 |
from passage |
4d-12(b) |
Statement of Purpose:
To redefine small contractor for purposes of the state set-aside program, to permit notice of state office space needs to be posted on the State Contracting Portal, to permit certain bid documents to be submitted after the bid, to permit construction managers at-risk to self-perform portions of a contract and to remove the requirement that the executive steering committee approve or disapprove of agencies' requests for variances from state-wide information technology standards.
[Proposed deletions are enclosed in brackets. Proposed 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.]