January Session, 2017
LCO No. 8436
SEN. FLEXER, 29th Dist.
SEN. MCLACHLAN, 24th Dist.
REP. FOX, 148th Dist.
"AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES. "
In line 230, strike "fifty" and insert "one hundred" in lieu thereof
After line 249, insert the following:
"Sec. 6. Section 4b-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Notwithstanding any provision of the general statutes, [to the contrary,] 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, [or] a municipal water or sewer authority [, in connection with a Department of Administrative Services project,] 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 [(1)] to the chief executive official of the municipality, and the members of the General Assembly representing the municipality, in which the land is located.
Sec. 7. (NEW) (Effective October 1, 2017) (a) As used in this section:
(1) "Entity" means any corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization or other business organization.
(2) "Convicted" or "conviction" means a finding of guilt, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information as a result of a jury verdict, nonjury trial or entry of a plea of guilty or nolo contendere.
(3) "Public entity crime" means a violation by a person or entity of any state or federal law (A) involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation, and (B) with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply or contract for goods or services, any lease for real property or any contract for the construction or repair of a public building or public work.
(4) "Public entity" means the state, any state agency or any political subdivision of the state.
(5) "Public works contract" means any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a quasi-public agency.
(6) "Quasi-public agency" has the same meaning as provided in section 1-79 of the general statutes.
(7) "Affiliate" means (A) a predecessor or successor of a person or entity convicted of a public entity crime, or (B) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. "Affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate.
(b) No state agency or quasi-public agency shall execute a public works contract with a total value to the state of five hundred thousand dollars or more in any calendar or fiscal year, unless the state agency or quasi-public agency obtains the affidavit described in subsection (c) of this section.
(c) (1) Any principal or key personnel of an entity who submits bids or proposals for a contract described in subsection (b) of this section shall attest in an affidavit as to whether any principal or key personnel of such entity or affiliate has been convicted of, entered a plea of guilty or nolo contendere for, or admitted to, a public entity crime related to the procurement or performance of any contract within the past five years.
(2) Such affidavit shall be sworn as true to the best knowledge and belief of the person signing the certification on the affidavit and shall be subject to the penalties of false statement.
(3) After the initial submission of such affidavit, the principal or key personnel of the person, firm or corporation shall not be required to resubmit such affidavit unless there is a change in the information contained in such affidavit. If there is any change in the information contained in the most recently filed affidavit required under this section, the principal or key personnel of a person, firm or corporation who submit bids or proposals for a contract described in subsection (b) of this section shall submit an updated affidavit either (A) not later than thirty days after the effective date of any such change, or (B) upon the submittal of any new bid or proposal, whichever is earlier.
(d) Each state agency and quasi-public agency shall include a notice of the affidavit requirements of this section in the bid specifications or request for proposals for any contract that is described in subsection (b) of this section.
(e) If a bidder or vendor refuses to submit the affidavit required under subsection (c) of this section, such bidder or vendor shall be disqualified and the state agency or quasi-public agency shall award the contract to the next highest ranked vendor or the next lowest responsible qualified bidder or seek new bids or proposals.
Sec. 8. Subsection (i) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(i) The commissioner may not issue or renew a prequalification certificate to any contractor or substantial subcontractor who (1) [who] is disqualified pursuant to section 31-57c or 31-57d, [or] (2) [who] has a principal or key personnel who, within the past five years, has a conviction or has entered a plea of guilty or nolo contendere for or has admitted to commission of an act or omission that reasonably could have resulted in disqualification pursuant to any provision of subdivisions (1) to (3), inclusive, of subsection (d) of section 31-57c or subdivisions (1) to (3), inclusive, of subsection (d) of section 31-57d, as determined by the commissioner, or (3) has failed to submit an affidavit in violation of section 7 of this act. "