Substitute Senate Bill No. 391 (sSB391 File No. 429) is designed to implement the recommendations of the State Contracting Standards Board (SCSB) and includes several amendments to the state's procurement laws and processes. The bill, effective from its passage, ensures that the appropriations for the SCSB are based on the expenditure requirements transmitted by the board's executive director and protects the board from budget reductions by the Governor. It also revises definitions and provisions related to state contracting, such as "Best value selection," "Bid," "Bidder," and "Contract," with the latter excluding contracts between state agencies and political subdivisions. The bill removes the definition of "Term contract" and renumbers subsequent definitions, clarifies "Contractual services," and adjusts the board's voting requirements to a two-thirds vote of members present. Insertions and deletions are made to update legal language, and the bill redefines various terms, including "State contracting agency" to encompass quasi-public agencies, and sets the Chief Procurement Officer's term to not exceed six years.

The bill also outlines the expanded responsibilities of the SCSB, including monitoring agency procurement officers, administering certification systems, and ensuring compliance with procurement statutes. It mandates the employment of at least five full-time employees by the board and allows for contracting with consultants and professionals. The bill amends sections of the general statutes to clarify procurement responsibilities, emphasizes ethics training, and requires the board to review and certify procurement processes. It also specifies new responsibilities for agency procurement officers and requires the development of a standardized state procurement and project management education and training program. The bill includes provisions for the review and potential termination of contracts for cause and expands the composition of the advisory council discussing procurement issues. It modifies the threshold for cost-benefit analysis for privatization contracts and updates requirements for a business case developed by a state contracting agency. The bill introduces changes to the criteria for renewing privatization contracts and outlines the process for disqualifying contractors from state contracts. It also revises the requisition system for obtaining supplies and services and addresses collusion among bidders or proposers.

The bill's fiscal impact statement indicates costs associated with hiring additional employees to handle the expanded workload and includes minor, technical, and conforming changes. It grants the SCSB protections against budget modifications and allotment reductions, extends its authority to include quasi-public agencies, and mandates the review and certification of these agencies' procurement processes. The bill also applies privatization law to quasi-public agencies, lowers the threshold for employee opportunities to reduce costs, expands the definition of "core governmental function," and outlines procedures for emergency procurements. Lastly, the bill proposes to expand the grounds for disqualification of contractors by the SCSB and extends disqualification provisions to contracts with quasi-public agencies. The Government Administration and Elections Committee has given a Joint Favorable Substitute to the bill.

Statutes affected:
Raised Bill: 12-815
GAE Joint Favorable Substitute: 12-815
File No. 429: 12-815