reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-9. - Vendor and Citizen Advisory Panel. Established. Duties.

(a) There shall be a Vendor and Citizen Advisory Panel comprised of fifteen members appointed as follows: Three members by the Governor, two members by each of the following: The speaker of the House of Representatives, the majority and minority leaders of the House of Representatives, the president pro tempore of the Senate and the majority and minority leaders of the Senate. No more than six vendors with state procurement experience shall be on the panel and the remaining members shall have demonstrated sufficient knowledge by education, training or experience in one or more of the following areas: (1) Government procurement; (2) contract negotiation, drafting and management; (3) contract risk assessment; (4) preparing requests for proposals, invitations to bid and other procurement solicitations; (5) evaluating proposals, bids and quotations; (6) real property transactions; (7) business insurance and bonding; (8) the state code of ethics; (9) federal and state statutes, policies and regulations; (10) outsourcing and privatization proposal analysis; (11) governmental taxation and finance; (12) small and minority business enterprise development; (13) collective bargaining; and (14) human services, provided such education, training or experience shall have been acquired over not less than a continuous five-year period and within the ten-year period preceding such appointment. The chairperson of the panel shall be the Chief Procurement Officer, who shall be an ex-officio member.
(b) The panel shall make recommendations to the board regarding best practices in state procurement processes and project management as well as other issues pertaining to stakeholders in the system.
(Sept. Sp. Sess. P.A. 07-1, S. 9.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-10. - Submission of legislation by board to the Governor and General Assembly.

(a) On or before July 1, 2010, the board shall submit to the Governor and the General Assembly such legislation as is necessary to permit state contracting agencies, not including quasi-publics, institutions of higher education, and municipal procurement processes utilizing state funds, to carry out their functions under statutes and regulations concerning procurement.
(b) On or before July 1, 2011, the board shall submit to the Governor and the General Assembly such legislation as is necessary to apply the provisions of statutes concerning procurement to constituent units of the state system of higher education. Concomitantly, the board shall submit such additional legislation as is necessary to apply the provisions of statutes and regulations concerning privatization and procurement to quasi-public agencies.
(c) On or before July 1, 2012, the board shall submit to the Governor and the General Assembly such legislation as is necessary to apply the provisions of statutes and regulations concerning procurement to the municipal procurement processes utilizing state funds.
(Sept. Sp. Sess. P.A. 07-1, S. 10.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-11. - Adoption of procurement codes by constitutional officers. Deadline.

(a) The board shall provide assistance to the Secretary of the State, Comptroller, Treasurer and Attorney General to develop best procurement practices specific to the constitutional and statutory functions of each office and consistent with statutes and regulations concerning procurement.
(b) Each of the officers specified in subsection (a) of this section shall adopt a code of procurement practices on or before June 1, 2011.
(Sept. Sp. Sess. P.A. 07-1, S. 11.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-12. - Procurement codes for legislative and judicial branches. Requirements.

(a) On or before February 1, 2011, the judicial branch and the legislative branch shall each prepare a procurement code applicable to contracting expenditures, including, but not limited to, expenditures: (1) Involving contracting and procurement processes for purchasing or leasing of supplies, materials or equipment, consultant or consultant services, personal service agreements or purchase of service agreements; and (2) relating to contracts for the renovation, alteration or repair of any judicial branch or legislative branch facility in accordance with section 4b-1.
(b) The procurement codes described in subsection (a) of this section shall be designed to: (1) Establish uniform contracting standards and practices; (2) simplify and clarify contracting standards and procurement policies and practices, including, but not limited to, procedures for competitive sealed bids, competitive sealed proposals, small purchases, sole source procurements, emergency procurements and special procurements; (3) ensure the fair and equitable treatment of all businesses and persons who deal with the procurement system; (4) include a process to maximize the use of small contractors and minority business enterprises; (5) provide increased economy in procurement activities and maximize purchasing value to the fullest extent possible; (6) ensure that the procurement of supplies, materials, equipment, services, real property and construction is obtained in a cost-effective and responsive manner; (7) include a process to ensure contractor and judicial branch or legislative branch accountability; and (8) provide a process for competitive sealed bids, competitive sealed proposals, small purchases, sole source procurements, emergency procurements, special procurements, best value selection, qualification based selection and the conditions for their use.
(c) On or before February 1, 2011, the judicial branch shall submit such procurement code for review and approval to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(Sept. Sp. Sess. P.A. 07-1, S. 12.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-13. - State Contracting Portal. Requirements. Posting of bids, requests for proposals and resulting contracts on portal.

(a) The Department of Administrative Services, in consultation with the State Contracting Standards Board, shall establish and maintain a single electronic portal available on the Internet and located on the Department of Administrative Services' web site for purposes of posting all contracting opportunities with state agencies in the executive branch, the constituent units of the state system of higher education and quasi-public agencies. Such electronic portal shall be known as the State Contracting Portal.
(b) The State Contracting Portal shall, among other things, include: (1) All requests for bids or proposals, and other solicitations regardless of the method of source selection, related materials and all resulting contracts and agreements by state agencies; (2) a searchable database for locating information; (3) personal services agreements and purchase of service agreements; (4) a state procurement and contract manual or other similar information designated by the Department of Administrative Services as describing approved contracting processes and procedures; and (5) prominent features to encourage the active recruitment and participation of small businesses and women and minority-owned enterprises in the state contracting process.
(c) All state agencies in the executive branch, the constituent units of the state system of higher education and quasi-public agencies shall post all bids, requests for proposals and all resulting contracts and agreements on the State Contracting Portal and shall, with the assistance of the Department of Administrative Services as needed, develop the infrastructure and capability to electronically communicate with the State Contracting Portal.
(d) All state agencies in the executive branch, the constituent units of the state system of higher education and quasi-public agencies shall develop written policies and procedures to ensure that information is posted to the State Contracting Portal in a timely, complete and accurate manner consistent with the highest legal and ethical standards of state government.
(e) The Department of Administrative Services shall periodically report to the Governor and the State Contracting Standards Board on the progress of all state agencies in the executive branch, the constituent units of the state system higher education and quasi-public agencies, in developing the capacity, infrastructure, policies and procedures to electronically communicate with the State Contracting Portal and the Department of Administrative Services' progress toward establishment and maintenance of the State Contracting Portal.
(Sept. Sp. Sess. P.A. 07-1, S. 13; P.A. 11-51, S. 86.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009; P.A. 11-51 amended Subsec. (c) to delete reference to Department of Information Technology, effective July 1, 2011.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-14. - Requirements for contracts taking effect on or after June 1, 2010.

On and after June 1, 2010, all state contracts of each state contracting agency that take effect on or after June 1, 2010, shall contain provisions to ensure accountability, transparency and results based outcomes, as prescribed by the State Contracting Standards Board. On and after June 1, 2010, all state contracts of the legislative branch and the judicial branch that take effect on or after June 1, 2010, shall contain provisions to ensure accountability, transparency and results based outcomes.
(Sept. Sp. Sess. P.A. 07-1, S. 14.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-15. - Requirements of janitorial work pilot program for persons with disability and persons with a disadvantage unaffected by certain state contracting provisions.

Nothing in sections 4e-1 to 4e-14, inclusive, and 4e-16 shall be construed to affect the requirements of subsection (g) of section 4a-57, subsection (p) of section 4a-60g, sections 4a-82 and 17a-796 and subsection (c) of section 31-57g.
(Sept. Sp. Sess. P.A. 07-1, S. 15; P.A. 22-65, S. 4.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009; P.A. 22-65 made a conforming change.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-17. - Application of privatization and contracting provisions, generally.

(a) Except as otherwise provided, the provisions of sections 4e-16 to 4e-47, inclusive, shall apply to all contracts solicited or entered into by state contracting agencies after June 1, 2010.
(b) Except as otherwise provided, the provisions of sections 4e-16 to 4e-47, inclusive, shall apply to every expenditure of public funds by any state contracting agency, irrespective of their source, involving any state contracting and procurement processes, including, but not limited to, leasing and property transfers, purchasing or leasing of supplies, materials or equipment, consultant or consultant services, personal service agreements, purchase of service agreements or privatization contracts, as defined in section 4e-1, and, relating to contracts for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building, bridge or road.
(c) Nothing in sections 4e-16 to 4e-47, inclusive, shall be construed to require the application of procurement statutes or regulations to a procurement that involves the expenditure of federal assistance or federal contract funds if federal law provides procurement procedures applicable to the expenditure of such funds, to the extent such federal procedures are inconsistent with state procurement statutes or regulations.
(Sept. Sp. Sess. P.A. 07-1, S. 17.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-18. - Acquisition of supplies, materials, equipment or contractual services. Requisition system.

For the purpose of obtaining supplies, materials, equipment or contractual services, except infrastructure facilities, the Commissioner of Administrative Services shall establish a requisition system to be used by state contracting agencies to initiate and authorize the procurement process. Such system shall be approved by the State Contracting Standards Board.
(Sept. Sp. Sess. P.A. 07-1, S. 18.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-19. - Methods for the award of contracts for supplies, materials, equipment and contractual services by state contracting agencies. Regulations.

(a) All purchases of, and contracts for, supplies, materials, equipment and contractual services by any state contracting agency, except purchases and contracts made pursuant to the provisions of section 4e-23, shall be awarded by one of the following methods, unless otherwise authorized by law:
(1) Competitive sealed bidding;
(2) Competitive sealed proposals;
(3) Small purchase procedure;
(4) Sole source procurement;
(5) Emergency procurements; or
(6) Waiver of bid or proposal requirement for extraordinary conditions.
(b) Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, to define each of the methods listed in subsection (a) of this section, establish the circumstances in which each such method shall be used by state contracting agencies, and establish the processes and criteria by which purchases and contracts shall be awarded in accordance with each such method.
(Sept. Sp. Sess. P.A. 07-1, S. 19.)
History: Sept. Sp. Sess. P.A. 07-1 effective October 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-20. - Regulations for issuing invitations for bids. Regulations for award of certain contracts and purchase orders by a method of source selection other than competitive sealed bidding.

(a) Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, specifying the procedure for issuing invitations for bids which shall include the required elements of an invitation for bids, the process for opening of bids, and criteria for the evaluation and award of bids.
(b) Not later than June 1, 2010, the State Contracting Standards Board, in consultation with the Commissioner of Administrative Services, shall adopt regulations, in accordance with the provisions of chapter 54, specifying the circumstances in which contracts and purchase orders, in an amount in excess of fifty thousand dollars, may be awarded by a method of source selection other than competitive sealed bidding.
(Sept. Sp. Sess. P.A. 07-1, S. 20.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-21. - Regulations for small purchase procedures for procurements that do not exceed fifty thousand dollars. Artificial division of procurement requirements. Certain minor, nonrecurring or emergency purchases.

(a) Not later than January 1, 2010, the State Contracting Standards Board, in consultation with the Department of Administrative Services, shall adopt regulations to establish small purchase procedures for procurements that do not exceed fifty thousand dollars. Such regulations shall include a prohibition on the artificial division of a procurement in order to make use of such small procurement procedures.
(b) The State Contracting Standards Board, in consultation with the Commissioner of Administrative Services, may determine that a state contracting agency has artificially divided procurement requirements so as to constitute a small purchase under this section and, upon such determination shall prohibit the state contracting agency from utilizing such small purchase procedures.
(c) The State Contracting Standards Board, in consultation with the Commissioner of Administrative Services, may waive the requirement of competitive bidding or competitive negotiation in the case of minor, nonrecurring or emergency purchases of ten thousand dollars or less in amount.
(Sept. Sp. Sess. P.A. 07-1, S. 21.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-22. - Regulations for the award of a contract for a supply, service or construction item without competition.

Not later than June 1, 2010, the State Contracting Standards Board, in consultation with the Commissioner of Administrative Services, shall adopt regulations, in accordance with the provisions of chapter 54, specifying the circumstances in which a contract may be awarded for a supply, service or construction item without competition. Such regulations shall include, but not be limited to, situations in which an agency contracting officer states in writing that there is only one source for the required supply, service or construction item, provided sole source procurement is not permitted unless a requirement is available from only a single supplier.
(Sept. Sp. Sess. P.A. 07-1, S. 22.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-23. - Regulations for the waiver of competitive bid or proposal requirements.

Not later than June 1, 2010, the State Contracting Standards Board, in accordance with the provisions of chapter 54, shall adopt regulations establishing procedures for waiver of competitive bid or proposal requirements.
(Sept. Sp. Sess. P.A. 07-1, S. 23.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-24. - Regulations for emergency procurements when a threat to public health, welfare or safety exists.

Not later than June 1, 2010, the State Contracting Standards Board, in consultation with the Commissioner of Administrative Services and any other appropriate award authority, shall adopt regulations, in accordance with the provisions of chapter 54, permitting emergency procurements when there exists a threat to public health, welfare or safety. Such emergency procurements shall be made with competition, as is practicable under the circumstances. Said regulations shall require that a written determination of the basis for the emergency and for the selection of the particular contractor be included in the contract file and transmitted to the Governor, the president pro tempore of the Senate, the majority and minority leaders of the Senate, the speaker of the House of Representatives and the majority and minority leaders of the House of Representatives.
(Sept. Sp. Sess. P.A. 07-1, S. 24.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-25. - Request for factual information reasonably available to bidder or proposer.

A state contracting agency may request factual information reasonably available to the bidder or proposer to substantiate that the price or cost offered, or some portion of it, is reasonable.
(Sept. Sp. Sess. P.A. 07-1, S. 25.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-26. - Regulations for the establishment of standards for the preparation, maintenance and content of specifications for supplies, services and construction.

Not later than June 1, 2010, the State Contracting Standards Board, in consultation with the Commissioner of Administrative Services, shall adopt regulations, in accordance with the provisions of chapter 54, establishing standards for the preparation, maintenance, and content of specifications for supplies, services, and construction required by the state.
(Sept. Sp. Sess. P.A. 07-1, S. 26.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-27. - Regulations for the use of cost-reimbursement contracts.

Not later than June 1, 2010, the State Contracting Standards Board, in consultation with the Attorney General, shall adopt regulations, in accordance with the provisions of chapter 54, specifying the types of contracts that may be used by state contracting agencies. Such regulations shall specify that a cost-reimbursement contract may be used only when a determination is made in writing by the agency procurement officer that such contract is likely to be less costly to the state than any other type or that it is impracticable to obtain the supplies, services or construction required except under such a contract.
(Sept. Sp. Sess. P.A. 07-1, S. 27.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-28. - Regulations concerning the submission of accounting system documentation by contractors to state contracting agencies.

Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, requiring that contractors submit appropriate documentation to the appropriate state contracting agency, prior to the award of a contract, to confirm that the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type.
(Sept. Sp. Sess. P.A. 07-1, S. 28.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-29. - Inspection of contractor's or subcontractor's plant or place of business by state contracting agency.

Each contract of a state contracting agency shall provide that a state contracting agency may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded, or to be awarded by the state, to ensure compliance with the contract.
(Sept. Sp. Sess. P.A. 07-1, S. 29.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-30. - Audit of contractor's or subcontractor's books and records by state contracting agency.

(a) A state contracting agency may audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the expiration of the subcontract.
(b) If a state contracting agency enters into an amendment to any negotiated contract or subcontract that extends the terms of such contract or subcontract, the amendment shall be deemed a new and separate negotiated contract for the purposes of this section. The books and records of a contractor or any subcontractor related to the performance of such amendment shall be maintained by the contractor or subcontractor from the commencement of such amendment until a period of three years from the date of final payment under such amendment or the date of expiration of such amendment, whichever is later.
(Sept. Sp. Sess. P.A. 07-1, S. 30; P.A. 21-175, S. 14.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009; P.A. 21-175 designated existing provision as Subsec. (a) and added Subsec. (b) re deeming amendment to negotiated contract or subcontract as new and separate negotiated contract, effective July 12, 2021.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-31. - Notice of suspected collusion or other anticompetitive practice to the Attorney General.

When, for any reason, collusion or other anticompetitive practices are suspected among any bidders or proposers for a state contract, a notice of the relevant facts shall be transmitted to the Attorney General by any affected party, including, but not limited to, the state contracting agency, a bidder or a proposer.
(Sept. Sp. Sess. P.A. 07-1, S. 31.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-32. - Retention and disposal of procurement records by state contracting agencies.

Each state contracting agency shall retain and dispose of all procurement records in accordance with records retention guidelines and schedules approved by the Public Records Administrator.
(Sept. Sp. Sess. P.A. 07-1, S. 32.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-33. - Record of contracts awarded for certain small purchases, minor, nonrecurring or emergency purchases and under waiver of competitive bid or proposal requirements.

The agency procurement officer of each state contracting agency shall maintain a record that lists all contracts awarded pursuant to section 4e-21 and the regulations adopted under section 4e-23 for a minimum of five years after the date of any such award. Such record shall contain:
(1) Each contractor's name;
(2) The amount and type of each contract; and
(3) A listing of the supplies, services or construction procured under each contract.
(Sept. Sp. Sess. P.A. 07-1, S. 33.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-35. - Suspension of contractor, bidder or proposer by department head of state contracting agency. Causes for suspension.

(a) After reasonable notice and a hearing, conducted in accordance with the provisions of chapter 54, the department head of any state contracting agency may suspend any contractor, bidder or proposer for a period of not more than six months from bidding on, applying for or performing work as a contractor or subcontractor under, contracts with the state. The department head shall issue a written decision not later than ninety days after the conclusion of such hearing and state in the decision the reasons for the action taken and, if the contractor, bidder or proposer is being suspended, the period of such suspension. In determining whether to suspend a contractor, bidder or proposer, the department head shall consider the seriousness of the acts or omissions of the contractor, bidder or proposer and any mitigating factors. The department head shall send such decision to the contractor and the State Contracting Standards Board by certified mail, return receipt requested. Such decision shall be a final decision for purposes of sections 4-180 and 4-183.
(b) Causes for such suspension shall include the following:
(1) Failure without good cause to perform in accordance with specifications or within the time limits provided in the contract;
(2) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for suspension;
(3) Any cause the complainant state contracting agency determines to be so serious and compelling as to affect the responsibility of a state contractor, including suspension by another state contracting agency for cause; or
(4) A violation of the ethical standards set forth in section 1-84, 1-86e or 1-101nn, as determined by the Citizen's Ethics Advisory Board.
(c) The State Contracting Standards Board may grant an exception permitting a suspended contractor to participate in a particular contract or subcontract upon a written determination by the board that there is good cause for such exception and that such exception is in the best interest of the state.
(d) The department head of each state contracting agency shall conduct reviews of contractors and shall file reports pertaining to any of the reasons set forth in this section that may be the basis for disqualification.
(Sept. Sp. Sess. P.A. 07-1, S. 35.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-36. - Contest of the solicitation or award of a contract by bidder or proposer.

(a) Any bidder or proposer on a state contract may contest the solicitation or award of a contract to a subcommittee of the State Contracting Standards Board which shall be appointed by the chairperson of the board and consist of three members, at least one of whom shall be a legislative appointee. Such contest shall be submitted, in writing, not later than fourteen days after such bidder or proposer knew or should have known of the facts giving rise to such contest and shall be limited to the procedural elements of the solicitation or award process, or claims of an unauthorized or unwarranted, noncompetitive selection process.
(b) The filing of a contest pursuant to this section shall not, alone, be deemed to prohibit the award or execution of any such contested contract.
(c) The assigned subcommittee of the State Contracting Standards Board may settle and resolve any such contest.
(d) In the event such contest is not resolved by mutual agreement, the assigned subcommittee of the State Contracting Standards Board shall issue a decision, in writing, not later than thirty days after receipt of any such contest. Such decision shall:
(1) Describe the procedure used by such agency in soliciting and awarding such contract;
(2) Indicate such agency's finding as to the merits of such bidder or proposer's contest; and
(3) Inform such bidder or proposer of the right to review.
(e) A copy of such decision shall be provided to such bidder or proposer.
(Sept. Sp. Sess. P.A. 07-1, S. 36.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-38. - Issuance of decision on appeal by board.

The State Contracting Standards Board shall issue a decision in writing or take other appropriate action on each appeal submitted pursuant to section 4e-37. A copy of any decision shall be provided to all parties, the department head of the state contracting agency and the Chief Procurement Officer.
(Sept. Sp. Sess. P.A. 07-1, S. 38.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-39. - Determination by board of violation of law in solicitation or proposed award of a contract prior to award. Options.

If, prior to award, it is determined by the State Contracting Standards Board that a solicitation or proposed award of a contract by a state contracting agency is in violation of law, then the solicitation or proposed award shall be:
(1) Cancelled; or
(2) Revised to comply with the law.
(Sept. Sp. Sess. P.A. 07-1, S. 39.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-40. - Determination of violation of law in solicitation or award of contract after award. Options.

If, after an award, it is determined by the State Contracting Standards Board that a solicitation or award of a contract by a state contracting agency is in violation of law:
(1) If the person awarded the contract did not act in bad faith:
(A) The contract may be ratified and affirmed by the state contracting agency, provided it is determined by the board that doing so is in the best interests of the state; or
(B) The contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to the termination.
(2) If the person awarded the contract acted in bad faith:
(A) The contract may be declared null and void; or
(B) The contract may be ratified and affirmed if such action is in the best interests of the state, as determined by the State Contracting Standards Board, in writing, without prejudice to the state's right to such damages as may be appropriate.
(Sept. Sp. Sess. P.A. 07-1, S. 40.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-41. - Regulations concerning the procurement of architectural and engineering services.

Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, that specify the process that shall be used to procure architectural and engineering services in design-bid-build procurements, construction in design-bid-build procurements and construction management at-risk. Such regulations shall include a description of the project delivery methods.
(Sept. Sp. Sess. P.A. 07-1, S. 41.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-42. - Regulations concerning bid security for certain competitive sealed bidding.

Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, that require bid security for all competitive sealed bidding for construction contracts in a design-bid-build procurement when the price is estimated by the state contracting agency to exceed five hundred thousand dollars.
(Sept. Sp. Sess. P.A. 07-1, S. 42.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-43. - Regulations concerning errors and omissions insurance.

Not later than June 1, 2010, the State Insurance and Risk Management Board established pursuant to section 4a-19 shall adopt regulations, in accordance with the provisions of chapter 54, in consultation with the State Contracting Standards Board, that specify when a state contracting agency shall require proposers to provide appropriate errors and omissions insurance to cover architectural and engineering services under the project delivery methods established in regulations adopted pursuant to section 4e-41.
(Sept. Sp. Sess. P.A. 07-1, S. 43.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-44. - Regulations concerning the procurement of consultant services.

Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, to establish the process to be used to procure consultant services, and in consultation with the Attorney General, the type of contract to be used to procure such consultant services.
(Sept. Sp. Sess. P.A. 07-1, S. 44.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-45. - Regulations concerning infrastructure facilities.

With respect to infrastructure facilities, not later than June 1, 2010, the State Contracting Standards Board, in consultation with the state contracting agencies and the Attorney General, shall adopt regulations, in accordance with the provisions of chapter 54, requiring the inclusion in state contracts with any state contracting agency of clauses providing for adjustments in prices, time of performance, remedies, termination or other contract provisions necessary to protect the interests of the state.
(Sept. Sp. Sess. P.A. 07-1, S. 45.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-46. - Regulations for contract modifications, change orders and price adjustments for construction contracts in excess of fifty thousand dollars.

Not later than June 1, 2010, the State Contracting Standards Board shall adopt regulations, in accordance with the provisions of chapter 54, concerning the procedure and circumstances under which a state agency may allow contract modification, change order, or contract price adjustment under a construction contract with the state in excess of fifty thousand dollars. Such regulations shall require that every contract modification, change order or contract price adjustment under a construction contract with the state in excess of fifty thousand dollars shall be subject to prior written certification by the fiscal officer of the state contracting agency or other agency responsible for funding the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. Such regulations shall further provide that in the event the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget or the total contract budget, the agency procurement officer shall not execute or make such contract modification, change order, or adjustment in contract price unless sufficient funds are available or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration provided, with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this section.
(Sept. Sp. Sess. P.A. 07-1, S. 46.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-47. - Regulations concerning application of certain contracting statutes to each constituent unit of the state system of higher education.

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 to 4e-45, inclusive, to each constituent unit of the state system of higher education. Such regulations shall take into consideration circumstances and factors that are unique to such constituent units.
(Sept. Sp. Sess. P.A. 07-1, S. 47.)
History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-48. - Reciprocal preference provision in award of state contracts. Definitions. Application of provision. List of states with in-state preference published by the State Contracting Standards Board.

(a) For the purposes of this section, “nonresident bidder” means a business that is not a resident of the state that submits a bid in response to an invitation to bid by a state contracting agency, “resident bidder” means a business that submits a bid in response to an invitation to bid by a state contracting agency and that has paid unemployment taxes or income taxes in this state during the twelve calendar months immediately preceding submission of such bid, has a business address in the state and has affirmatively claimed such status in the bid submission, “contract” means “contract” as defined in section 4e-1 and “state contracting agency” means “state contracting agency”, as defined in section 4e-1.
(b) Notwithstanding any provision of law, in the award of a contract, after the original bids have been received and an original lowest responsible qualified bid is identified, a state contracting agency shall add a per cent increase to the original bid of a nonresident bidder equal to the per cent, if any, of the preference given to such nonresident bidder in the state in which such nonresident bidder resides. If, after application of such per cent increase, the bidder that submits the lowest responsible qualified bid is a resident bidder, the state contracting agency shall award such contract to such resident bidder provided such resident bidder agrees, in writing, to meet the original lowest responsible qualified bid. Any such agreement by such resident bidder to meet the original lowest responsible qualified bid shall be made not later than seventy-two hours after such resident bidder receives notice from such state contracting agency that such resident bidder may be awarded such contract if such resident bidder agrees to meet the original lowest responsible qualified bid.
(c) Not later than January 1, 2009, and each January thereafter, the State Contracting Standards Board shall publish a list of states that give preference to in-state bidders with the per cent increase applied in each state. Such list shall be made available to all state contracting agencies and may be relied upon by such agencies in determining the lowest responsible bidder.
(P.A. 08-154, S. 2.)
History: P.A. 08-154 effective October 1, 2009.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-49. - Regulations concerning contracting procedures for the Metropolitan District of Hartford County.

On or after July 1, 2010, 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 to 4e-45, inclusive, to the Metropolitan District of Hartford County. Such regulations shall take into consideration circumstances and factors that are unique to said metropolitan district.
(P.A. 09-87, S. 2.)
History: P.A. 09-87 effective January 1, 2010.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62 - State Contracting Standards Board › Section 4e-50. - Contracts for environmental remediation of brownfields.

Notwithstanding any other provisions of the general statutes, whenever a state agency or quasi-public agency, as defined in section 1-120, solicits bids, makes a request for proposals or negotiates a contract for the environmental remediation of a brownfield property, such bid, proposal or contract shall include a provision whereby the employment and utilization of green remediation technologies shall be accorded due consideration.
(P.A. 09-235, S. 11.)
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62a - State Contracting: General Provisions › Section 4e-71. - Additional protections and alternate measures of security assurance for sharing of confidential information.

The Secretary of the Office of Policy and Management, or the secretary's designee, may require additional protections or alternate measures of security assurance for any requirement of section 4e-70 where the facts and circumstances warrant such additional requirement or alternate measure after taking into consideration, among other factors, (1) the type of confidential information being shared, (2) the amount of confidential information being shared, (3) the purpose for which the information is being shared, and (4) the types of goods or services being contracted for.
(P.A. 15-142, S. 2.)
History: P.A. 15-142 effective July 1, 2015.
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62a - State Contracting: General Provisions › Section 4e-72. - State contracts to contain provision authorizing state contracting agency to access data.

As used in this section, “contract”, “state contracting agency”, “data” and “contractor” have the same meanings as provided in section 4e-1. Any contract between a state contracting agency and a contractor that is entered into, renewed or amended on or after October 1, 2021, shall contain a provision authorizing the state contracting agency to access any data concerning such contract that is in the possession or control of the contractor upon demand in a format prescribed by the state contracting agency at no additional cost to such agency.
(P.A. 21-145, S. 2.)
2023 Connecticut General Statutes › Title 4e - State Contracting › Chapter 62a - State Contracting: General Provisions › Section 4e-73. - Contracts with providers of health and human services. Prohibition on recovery of American Rescue Plan Act payments. Exceptions to prohibition.

(a) As used in this section, (1) “Home and Community-Based Services Provider Payments” means payments disbursed by state agencies to providers of health and human services that were received by such agencies through Section 9817 of the American Rescue Plan Act of 2021, and (2) “attempt to recover or otherwise offset” means (A) reductions by state agencies in contracted amounts for such providers for the same or similar services from one contract period to the next contract period, or (B) demands for reimbursement of funds in the amount of any Home and Community-Based Services Provider Payments.
(b) No state agency contracting with a provider of health and human services may attempt to recover or otherwise offset Home and Community-Based Services Provider Payments obtained or retained by such provider. Nothing in this subsection shall require state agencies to take action that would jeopardize federal claims or Medicaid reimbursements.
(P.A. 22-146, S. 15.)
History: P.A. 22-146 effective May 7, 2022.