Drawing of State Library BuildingConnecticut State Library Home

Connecticut Public Acts 1996

Previous Page TOC Next Page Public Acts Listings


Substitute House Bill No. 5643

PUBLIC ACT NO. 96-156

AN ACT CONCERNING STATE EMPLOYEE PAYROLL DEDUCTION SLOTS AND STATE PURCHASING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) The Comptroller shall publish in a newspaper, having a substantial circulation in the state, a notice of intent to issue a payroll deduction slot. For the purposes of this section, "payroll deduction slot" means an automatic periodic deduction from a state payroll check. Any person interested in submitting proposals in response to such notice shall submit, within thirty days of such notice, the following information, in writing, to the Comptroller: (1) The name and mailing address of the applicant; (2) a detailed description of the product or service which the applicant intends to market to state employees; (3) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; (4) detailed information on the financial ability of the applicant; (5) detailed information on past performance; and (6) such additional information as the Comptroller deems necessary. For the purposes of this section, "applicant" means any person who requests to establish or renew a payroll deduction slot under this section.

(b) Upon the receipt of such proposals, the Comptroller shall submit any such proposals to the Vendor Advisory Committee for review. The Vendor Advisory Committee shall consist of a designee of the Comptroller, the Labor Commissioner or his designee, the Insurance Commissioner or his designee, and three representatives of labor unions representing state employees appointed by the Comptroller in consultation with the state employee unions. Such representatives of labor unions shall serve five-year terms and shall not serve successive terms. The Vendor Advisory Committee shall review such proposals and make recommendations to the Comptroller whether to approve or disapprove such proposals. Prior to approving any payroll deduction slot under this section, the Comptroller shall consider the following criteria: (1) The benefit to state employees of the product or service; (2) the price or rate of the product or service; (3) the skill, ability and integrity of the applicant to deliver such product or service; (4) the past performance of the applicant; (5) the recommendations of the Vendor Advisory Committee; and (6) any other information which the Comptroller deems necessary. In considering the past performance of the applicant, the Comptroller shall evaluate the skill, ability and integrity of the applicant in terms of the applicant's fulfillment of past contract obligations and his experience or lack of experience in delivering the same or similar products or services.

(c) Any payroll deduction slot approved by the Comptroller shall be in the form of a written agreement, approved by the Attorney General, specifying the terms and conditions for the use of such slot, and shall be for a fixed term, not to exceed five years.

(d) The Comptroller may issue a payroll deduction slot in accordance with the procedures of this section. The Comptroller may adopt regulations in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

(e) On July 1, 1997, and every two years thereafter, the Comptroller shall submit to the General Assembly a report on the number and type of products and services offered through payroll deduction slots and the number of state employees which are utilizing such products and services.

Sec. 2. Subsection (c) of section 4a-59 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) All open market orders or contracts shall be awarded to (1) the lowest responsible qualified bidder, the qualities of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the state government and the delivery terms being taken into consideration and, at the discretion of the Commissioner of Administrative Services, life-cycle costs and trade-in or resale value of the articles may be considered where it appears to be in the best interest of the state, or (2) the proposer whose proposal is deemed by the awarding authority to be the most advantageous to the state, in accordance with the criteria set forth in the request for proposals, including price and evaluation factors. NOTWITHSTANDING ANY PROVISION OF THE GENERAL STATUTES TO THE CONTRARY, EACH STATE AGENCY AWARDING A CONTRACT THROUGH COMPETITIVE NEGOTIATION SHALL INCLUDE PRICE AS AN EXPLICIT FACTOR IN THE CRITERIA IN THE REQUEST FOR PROPOSALS AND FOR THE CONTRACT AWARD. In considering past performance of a bidder for the purpose of determining the "lowest responsible qualified bidder", the commissioner shall evaluate the skill, ability and integrity of the bidder in terms of the bidder's fulfillment of past contract obligations and his experience or lack of experience in delivering supplies, materials, equipment or contractual services of the size or amount for which bids have been solicited. In determining the lowest responsible qualified bidder for the purposes of this section, the commissioner may give a price preference of up to ten per cent for (A) the purchase of goods made with recycled materials if he determines that such preference would promote recycling; (B) the purchase of motor vehicles powered by a clean alternative fuel; or (C) the purchase of motor vehicles powered by fuel other than a clean alternative fuel and conversion equipment to convert such motor vehicles allowing the vehicles to be powered by either the exclusive use of clean alternative fuel or dual use of a clean alternative fuel and a fuel other than a clean alternative fuel. As used in this subsection, "clean alternative fuel" shall mean natural gas or electricity when used as a motor vehicle fuel. All other factors being equal, preference shall be given to supplies, materials and equipment produced, assembled or manufactured in the state and services originating and provided in the state. If any such bidder refuses to accept, within ten days, a contract awarded to him, such contract may be awarded to the next lowest responsible qualified bidder, and so on until such contract is awarded and accepted. If any such proposer refuses to accept, within ten days, a contract awarded to him, such contract shall be awarded to the next most advantageous proposer, and so on until the contract is awarded and accepted. There shall be a written evaluation made of each bid. This evaluation shall identify the vendors and their respective costs and prices, document the reason why any vendor is deemed to be nonresponsive and recommend a vendor for award. A contract valued at one million dollars or more shall be awarded to a bidder other than the lowest responsible qualified bidder only with written approval signed by the Commissioner of Administrative services and by the Comptroller. The commissioner shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to government administration, the State Auditors and the Comptroller, an annual report of all awards made pursuant to the provisions of this section.

Sec. 3. Section 16a-110 of the general statutes, as amended by section 4 of public act 95-38 and section 7 of public act 95-285, is repealed and the following is substituted in lieu thereof:

(a) There is established the Connecticut State Office of Information and Technology which shall be within the Office of Policy and Management and shall report directly to the Secretary of the Office of Policy and Management. The Office of Information and Technology shall be administered by an executive director who shall be an individual knowledgeable with respect to information and telecommunication systems. The executive director shall be appointed by the Secretary of the Office of Policy and Management and shall be exempt from the classified service. The Secretary of the Office of Policy and Management shall notify the Governor and the General Assembly of such appointment.

(b) The executive director of the Office of Information and Technology OR, IN THE CASE OF SUBDIVISION (4) OR (5) OF THIS SUBSECTION, THE OFFICE OF INFORMATION AND TECHNOLOGY, shall: (1) Develop and implement an integrated set of policies and architecture pertaining to information and telecommunication systems for state agencies; (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, and oversight and management of information and telecommunication systems for state agencies; (3) identify and recommend (A) optimal information and telecommunication systems to efficiently service the needs of state agencies and (B) opportunities for reducing costs for such systems; (4) [on and after October 1, 1989,] approve or disapprove, in accordance with guidelines established by the executive director, each proposed state agency acquisition of hardware or software [, which has a cost of twenty thousand dollars or more,] for an information or telecommunication system, EXCEPT FOR (A) HARDWARE OR SOFTWARE HAVING A COST OF LESS THAN TWENTY THOUSAND DOLLARS OR (B) HARDWARE OR SOFTWARE HAVING A COST OF TWENTY THOUSAND DOLLARS OR MORE, BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, WHICH IS FOR A PROJECT THAT COMPLIES WITH THE AGENCY'S BUSINESS SYSTEMS PLAN AS APPROVED BY THE EXECUTIVE DIRECTOR; (5) approve or disapprove, in accordance with guidelines established by the executive director, all state agency requests or proposed contracts for consultants for information and telecommunication systems; (6) review existing and new information and telecommunication system technologies to ensure consistency with the strategic plan established under section 16a-113 and approved state agency architecture and make recommendations to the Standardization Committee established under section 4a-58,AS AMENDED, for review and appropriate action; and (7) cooperate with the General Assembly, the Judicial Department and the Labor Department in assessing opportunities for cost savings and greater sharing of information resources which could result if such entities acquire information and telecommunication systems similar to those of state agencies.

(c) THE OFFICE OF INFORMATION AND TECHNOLOGY SHALL APPROVE OR DISAPPROVE A STATE AGENCY REQUEST OR PROPOSED CONTRACT UNDER SUBDIVISION (4) OR (5) OF SUBSECTION (b) OF THIS SECTION NO LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF THE REQUEST OR PROPOSED CONTRACT AND ANY NECESSARY SUPPORTING INFORMATION. IF THE OFFICE OF INFORMATION AND TECHNOLOGY DOES NOT APPROVE OR DISAPPROVE THE REQUEST OR PROPOSED CONTRACT BY THE END OF SUCH THREE-DAY PERIOD, THE REQUEST OR PROPOSED CONTRACT SHALL BE DEEMED TO HAVE BEEN APPROVED. The provisions of SAID subdivision (5) [of this subsection] shall not apply to telecommunication consultants retained by the Department of Public Utility Control or the Office of Consumer Counsel in connection with telecommunication proceedings of said department. No provision of section 4a-2, 4a-7, 16a-109, 16a-113 to 16a-120, inclusive, AS AMENDED or this section shall apply to the Employment Security Division of the Labor Department without the written approval of the Labor Commissioner.

Sec. 4. Section 4-98 of the general statutes is amended by adding subsection (c) as follows:

(NEW) (c) Notwithstanding the provisions of subsection (a), the Comptroller may allow budgeted agencies to use purchasing cards for purchases of one thousand dollars or less. No budgeted agency, or any official, employee or agent of a budgeted agency, shall incur any obligation using such a card, except in accordance with procedures established by the Comptroller.

Sec. 5. Subsection (d) of section 1-84b of the general statutes, as amended by section 39 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(d) No former public official or state employee (1) who participated substantially in the negotiation or award of A) a state contract obliging the state to pay an amount of fifty thousand dollars or more OR (B) A WRITTEN AGREEMENT FOR THE APPROVAL OF A PAYROLL DEDUCTION SLOT DESCRIBED IN SECTION 1 OF THIS ACT, or (2) who supervised the negotiation or award of such a contract OR AGREEMENT, shall accept employment with a party to the contract OR AGREEMENT other than the state for a period of one year after his resignation from his state office or position if his resignation occurs less than one year after the contract OR AGREEMENT is signed.

Approved May 31, 1996. Effective October 1, 1996.

[footer.htm]