Sec. 10a-151b. Purchase of equipment, supplies and contractual services by constituent units and their institutions.
Sec. 10a-151b. Purchase of equipment, supplies and contractual services by
constituent units and their institutions. (a) Notwithstanding the provisions of chapter
58, and sections 4-98, 4a-4, 4a-5, 4a-6, 4d-2, and 4d-5 to the contrary, a chief executive
officer may purchase equipment, supplies and contractual services, execute personal
service agreements, as defined in section 4-212, or lease personal property compatible,
where relevant, with standards for computer architecture established by the Department
of Information Technology, without the approval of the Comptroller, the Commissioner
of Administrative Services or the Chief Information Officer, provided the Chief Executive Officer consults with the Chief Information Officer and such purchases are made
in accordance with this section and in accordance with policies which are (1) adopted
by the board of trustees of the constituent unit after reasonable opportunity for interested
persons to present their views, and (2) subject to section 4-175. For purposes of this
section, "chief executive officer" means the chief executive officer of a constituent unit
of the state system of higher education or the chief executive officer of an institution
within the jurisdiction of such a constituent unit. The provisions of sections 4-212 to 4-219, inclusive, and section 9 of public act 93-336* shall not apply to personal service
agreements executed pursuant to this section.
(b) Purchases made pursuant to this section shall be based, when possible, on competitive bids or competitive negotiation. Such chief executive officer shall solicit competitive bids or proposals by sending notice to prospective suppliers and by posting
notice on a public bulletin board in his office. Such notice shall contain a notice of state
contract requirements pursuant to section 4a-60. Each bid or proposal shall be kept
sealed until opened publicly at the time stated in the notice soliciting such bid or proposal.
Sealed bids or proposals shall include bids or proposals sealed within an envelope or
maintained within a safe and secure electronic environment until such time as they are
publicly opened. If the amount of the expenditure is estimated to exceed fifty thousand
dollars, competitive bids or proposals shall be solicited by public notice inserted at least
once in two or more publications, at least one of which shall be a major daily newspaper
published in the state, and shall be posted on the Internet, and at least five calendar days
before the final date of submitting bids or proposals. All purchases fifty thousand dollars
or less in amount shall be made in the open market, but shall, when possible, be based
on at least three competitive quotations. If desired by the constituent unit, competitive
quotations may include quotations submitted to the constituent unit within a safe and
secure electronic environment. The constituent unit shall not refuse to consider a bid,
proposal or quotation because it is not submitted electronically.
(c) Notwithstanding the provisions of subsection (b) of this section to the contrary,
competitive bidding or competitive negotiation is not required in the case of minor
purchases of ten thousand dollars or less in amount or in the case of emergency purchases.
Whenever an emergency exists by reason of extraordinary conditions or contingencies
that could not reasonably be foreseen and guarded against, or because of unusual trade
or market conditions, the chief executive officer may, if it is for the best interest of
the state, make purchases without competitive bidding. A statement of all emergency
purchases made under the provisions of this subsection shall be set forth in the annual
report of the chief executive officer.
(d) Nothing in this section shall exempt a constituent unit or chief executive officer
from complying with the provisions of sections 4a-60 and 4a-61.
(e) No person, firm or corporation disqualified pursuant to section 4a-52a, or by
the Commissioner of Administrative Services pursuant to section 4a-63 from bidding
on contracts with the Department of Administrative Services may bid pursuant to this
section.
(f) A chief executive officer who enters into a contract under this section which
fails to meet the requirements of this section shall be personally liable for the costs of
such contract and such contract shall be void and of no effect. Any amount paid under
such contract may be recovered from such chief executive officer by the state in a civil
action.
(g) Nothing in this section shall be construed to prevent a chief executive officer
from participating in a contract for the purchase of equipment, supplies or services with
the Department of Administrative Services pursuant to chapter 58.
(h) Nothing in this section shall be construed to prevent a constituent unit from
entering into a corporate sponsorship agreement which contains provisions for the barter
of goods and services, provided such agreement is entered into in accordance with policies and procedures governing such agreements pursuant to subsection (a) of this section.
(i) For the period from July 1, 2002, to June 30, 2006, inclusive, any funds or revenues collected from ticket sales by the contractor hired by Western Connecticut State
University to operate and manage its O'Neill Center, shall not be deemed to be state
funds for the purposes of sections 4-32 and 4-33 and may be deposited in the contractor's
account for a period of time not to exceed forty days, during which time the contractor
shall pay all expenses related to the event for which the tickets were sold and make an
accounting of the portion of the funds to be remitted to the university, and then remit
such funds to the university pursuant to the terms of the contract. Upon receipt of such
funds, the university shall deposit such funds in accordance with the provisions of sections 4-32 and 4-33.
(j) Notwithstanding the provisions of subsections (a) and (b) of this section, a chief
executive officer may not extend a contract with a value of fifty thousand dollars or
more per year to perform janitorial, building maintenance, security or food and beverage
services unless: (1) Such contract is in effect on May 1, 2005; (2) such extension is for
a period of one year from the date such contract would otherwise expire; and (3) any
such extension includes any applicable increase in the standard wage and the payroll
burden to administer the standard wage, as established by the Labor Department.
(P.A. 90-201, S. 3, 11; P.A. 91-256, S. 35, 69; P.A. 92-154, S. 16, 23; P.A. 93-201, S. 8, 24; P.A. 96-244, S. 33, 34,
63; June 18 Sp. Sess. P.A. 97-9, S. 22, 50; P.A. 99-285, S. 11, 12; P.A. 00-66, S. 29; P.A. 02-140, S. 1, 2; P.A. 05-287, S. 24.)
*Note: Section 9 of public act 93-336 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 91-256 in Subsec. (a) added references to Secs. 4a-4, 4a-5 and 4a-6 and the executive director of the
office of information and technology, deleted language limiting the types of purchases allowed and the circumstances
under which purchases may be made, added language concerning the lease of personal property and made technical changes,
in Subsec. (b) changed $10,000 to $25,000, in Subsec. (c) changed $600 to $2,000 and added Subsec. (g) re contracts
between chief executive officer and administrative services department; P.A. 92-154 amended Subsec. (a) to add the
reference to Sec. 4-98 and to require comptroller's approval of certain expenditures; P.A. 93-201 amended Subsec. (a) to
add the provisions relating to personal service agreements, effective July 1, 1993; P.A. 96-244 added reference to Sec.
16a-118 in Subsec. (a) and added Subsec. (h) re corporate sponsorship agreements and the barter of goods and services,
effective July 1, 1996; June 18 Sp. Sess. P.A. 97-9 amended Subsec. (a) by substituting "Department of Information
Technology" for "Office of Information and Technology" and "Chief Information Officer" for "executive director of the
Office of Information and Technology" and adding proviso that chief executive officer consults with Chief Information
Officer, effective July 1, 1997; P.A. 99-285 amended Subsec. (b) to add competitive negotiations and to add proposals, to
increase the amount of expenditure that requires specified public notice from $25,000 to $50,000 and to make a corresponding change for the provision concerning purchases on the open market, and to change the type of notice required from "not
fewer than three daily newspapers" to two or more publications, at least one of which is a major daily newspaper and to
require posting on the Internet and amended Subsec. (c) to add competitive negotiation and to increase the amount for
minor purchases from $2,000 or less to $10,000 or less, effective July 1, 1999; P.A. 00-66 made a technical change and
deleted reference to repealed Sec. 4-210 in Subsec. (a); P.A. 02-140 amended Subsec. (b) by adding provisions re sealed
bids within an envelope or secure electronic environment and re electronic submissions and added Subsec. (i) re funds and
revenues from O'Neill Center, effective July 1, 2002; P.A. 05-287 added Subsec. (j) re extension of contracts with a value
of $50,000 or more per year for janitorial, building maintenance, security or food and beverage services, effective July
13, 2005.