Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 479
       February Session, 2020              LCO No. 2194
     Referred to Committee on GOVERNMENT ADMINISTRATION
     AND ELECTIONS
     Introduced by:
       (GAE)
 AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE
 SERVICES AND THE MODERNIZATION OF REAL ESTATE AND
 CONSTRUCTION MANAGEMENT.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Subsection (k) of section 4a-100 of the 2020 supplement to
    the general statutes is repealed and the following is substituted in lieu
    thereof (Effective July 1, 2020):
      (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.
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    (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 substantial subcontractor whose prequalification has been revoked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. 2. Subsection (n) of section 4a-100 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (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.
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    Sec. 3. 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, 2020):
    (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, as amended by this act, 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 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
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 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. 4. Section 4b-92 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
     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. In conducting such evaluation, the
 awarding authority shall consider the following factors: (1) Any recent
 record of failure to perform or of unsatisfactory performance in
 accordance with the terms of one or more contracts, as demonstrated by
 a failing grade on any bidder evaluations; (2) the bidder's fulfillment of
 past contract obligations; (3) submission of any false, misleading or
 nonmeritorious claim, demand or lawsuit against any local, state or
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 federal agency; (4) current or past suspension or disqualification from
 award or performance of a public contract by any local, state or federal
 agency; (5) one or more violations during the performance of any public
 contract of any labor or safety laws or standards, including, without
 limitation, all applicable local, state or federal statutes or regulations
 governing prevailing wage, occupational safety and health,
 nondiscrimination requirements or other local, state or federal laws; (6)
 evidence that the bidder lacks financial responsibility, such as unpaid
 debts, unfulfilled insurance or bond obligations or other evidence of
 financial instability or irresponsibility; and (7) any other factor the
 awarding authority determines is appropriate to consider. The
 awarding authority shall determine the weight to be accorded to any of
 the factors considered in the evaluation in its sole discretion. All factors
 to be considered by the awarding authority shall be specified on the bid
 documents or the bid form.
    Sec. 5. Subsection (e) of section 4b-21 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective July 1,
 2020):
    (e) After receiving notification from the secretary that such land,
 improvement or interest may be treated as surplus, the Commissioner
 of Administrative Services shall offer to convey such land, improvement
 or interest to the municipality in which the land, improvement or
 interest is located, including, but not limited to, by selling, leasing,
 exchanging or entering into agreements concerning such land,
 improvement or interest, provided (1) prior to such conveyance, the
 municipality by vote of its legislative body accepts such conveyance,
 and (2) a resolution of such municipal action, verified by the clerk of the
 municipality, is delivered to the Commissioner of Administrative
 Services not more than [one hundred twenty] sixty days after receiving
 notice from the commissioner regarding the proposed conveyance. If
 the municipality fails to deliver such resolution to the commissioner
 within such [one-hundred-twenty-day] sixty-day period, the
 municipality shall be deemed to have declined the proposed
 conveyance, provided the commissioner may extend the [one-hundred-
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 twenty-day] sixty-day period deadline by not more than an additional
 [sixty] thirty days. The municipality shall waive all rights to purchase
 the land, improvement, interest or part thereof if the municipality
 declines or is deemed to have declined the conveyance of such land,
 improvement, interest or part thereof.
    Sec. 6. Section 4b-22a of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    (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 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 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. No
 easement granted under subdivision (1) of this section shall be for the
 disposal or storage of radioactive or hazardous waste materials. 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.
     (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 land owned by the state to the federal
 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 land owned by the federal government or any
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 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.
    Sec. 7. Section 4b-3 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    (a) There is established a State Properties Review Board which shall
 consist of six members appointed as follows: The speaker of the House
 and president pro tempore of the Senate shall jointly appoint three
 members, one of whom shall be experienced in matters relating to
 architecture, one experienced in building construction matters and one
 in matters relating to engineering; and the minority leader of the House
 and the minority leader of the Senate shall jointly appoint three
 members, one of whom shall be experienced in matters relating to the
 purchase, sale and lease of real estate and buildings, one experienced in
 business matters generally and one experienced in the management and
 operation of state institutions. No more than three of said six members
 shall be of the same political party. One of the members first appointed
 by the speaker and the president pro tempore shall serve a two-year
 term, one shall serve a three-year term and one shall serve a four-year
 term. One of the members first appointed by the minority leaders of the
 House and Senate shall serve a two-year term, one shall serve a three-
 year term and one shall serve a four-year term. All appointments of
 members to replace those whose terms expire shall be for a term of four
 years and until their successors have been appointed and qualified. If
 any vacancy occurs on the board, the appointing authorities having the
 power to make the initial appointment under the provisions of this
 section shall appoint a person for the unexpired term in accordance with
 the provisions [hereof] of this section.
    (b) The board shall not meet more than two times per week. The
 members of the board shall choose their own chairperson. The
 [chairman] chairperson of the board shall be compensated two hundred
 dollars per diem up to a maximum of thirty thousand dollars annually.
 Other members of the board shall be compensated two hundred dollars
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 per diem up to a maximum of twenty-five thousand dollars annually.
 [The members of the board shall choose their own chairman.] No person
 shall serve on this board who holds another state or municipal
 governmental position and no person on the board shall be directly
 involved in any enterprise which does business with the state or directly
 or indirectly involved in any enterprise concerned with real estate
 acquisition or development.
   (c) The board may adopt such rules as it deems necessary for the
 conduct of its internal affairs, in accordance with section 4-167.
    (d) Notwithstanding the provisions of any other statute or special act,
 [to the contrary,] the Commissioner of Administrative Services shall be
 the sole person authorized to represent the state in its dealings with
 third parties for the construction, development, acquisition or leasing of
 real estate for housing the offices or equipment of all agencies of the
 state or for the state-owned public buildings or realty, as provided for
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