Bill Text: CT SB00977 | 2013 | General Assembly | Introduced
Bill Title: An Act Concerning The Membership Of Construction Service Panels.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2013-05-29 - Signed by the Governor [SB00977 Detail]
Download: Connecticut-2013-SB00977-Introduced.html
General Assembly |
Raised Bill No. 977 | ||
January Session, 2013 |
LCO No. 3517 | ||
*03517_______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 MEMBERSHIP OF CONSTRUCTION SERVICE PANELS AND THE EVALUATION OF BIDDERS' PAST PERFORMANCE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be established within the Department of Construction Services state construction services selection panels which (1) for projects valued at five million dollars or more, shall consist of five members, [. Four of such members shall be appointed by the commissioner , shall serve only for deliberations involving the project for which such members are appointed, and] four of whom shall be current or retired employees of the Department of Construction Services [. The remaining member] and one of whom shall be appointed by the head or acting head of the user agency, and [shall serve only for deliberations involving the project for which such member is appointed.] (2) for projects valued at less than five million dollars, shall consist of three members, two of whom shall be current or retired members of the Department of Construction Services appointed by the commissioner and one of whom shall be appointed by the head or acting head of the user agency. Each member of a section panel, regardless of the appointing authority, shall serve only for deliberations involving the project for which such member was appointed.
(b) [The selection panels] A panel established pursuant to subsection (a), (c) or (e) of this section shall not be deemed to be a board or commission within the meaning of section 4-9a.
(c) There shall be established within the Department of Construction Services Connecticut Health and Education Facilities Authority construction services panels which shall consist of five members. Three of such members shall be appointed by the Commissioner of Construction Services, shall serve only for deliberations involving the project for which such members are appointed and shall be current employees of the Department of Construction Services. The remaining members shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which such members are appointed.
(d) The panels established pursuant to subsection (c) of this section shall [not be deemed to be a board or commission within the meaning of section 4-9a. Such panels shall] be the selection panels only for Connecticut Health and Education Facilities Authority projects pursuant to section 10a-89b.
(e) There shall be established, within the Department of Construction Services, a State Construction Services Selection Panel that shall consist of [five] three members. Such members shall be appointed by the commissioner, shall be current employees of the Department of Construction Services or any agency for which consultant services may be contracted, and shall serve only for deliberations involving the selection of consultants under subsection (d) of section 4b-51 for which the employees are appointed.
[(f) The panel established pursuant to subsection (e) of this section shall not be deemed to be a board or commission within the meaning of section 4-9a.]
Sec. 2. Subsection (a) of section 4b-100a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Department of Construction Services shall establish construction services award panels which shall each consist of [six] five members. Three of such members shall be appointed by the Commissioner of Construction Services, shall be current employees of the Department of Construction Services and shall serve only for deliberations involving the project for which such members are appointed. Two of such members shall be appointed by the department head of the user agency. [and one member shall be a neutral party appointed by the commissioner.]
Sec. 3. Section 4b-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this chapter and except as otherwise provided, [the words] "lowest responsible and qualified bidder" [shall mean] means the bidder who is prequalified pursuant to section 4a-100, 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. 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 considering integrity, the awarding authority shall evaluate the bidder's past performance with regard to change orders and past assertions of unsubstantiated claims and the bidder's overall performance regarding project completion within the budget established for the project. The awarding authority shall also consider the past performance and integrity of each of the subcontractors listed in the general bid or trade bid.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
4b-56 |
Sec. 2 |
July 1, 2013 |
4b-100a(a) |
Sec. 3 |
July 1, 2013 |
4b-92 |
Statement of Purpose:
To modify the membership of certain state construction services selection or award panels and to require awarding authorities to consider a bidder's change orders and assertions of unsubstantiated claims and the subcontractors' past performance and integrity when determining the lowest responsible bidder.
[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.]