Sec. 4-216. Personal service agreements having cost of more than fifty thousand dollars or term of more than one year.
Sec. 4-216. Personal service agreements having cost of more than fifty thousand dollars or term of more than one year. (a) No state agency may execute a personal
service agreement having a cost of more than fifty thousand dollars or a term of more
than one year, without the approval of the secretary. A state agency may apply for an
approval by submitting the following information to the secretary: (1) A description of
the services to be purchased and the need for such services; (2) an estimate of the cost
of the services and the term of the agreement; (3) whether the services are to be on-going; (4) whether the state agency has contracted out for such services during the
preceding two years and, if so, the name of the contractor, term of the agreement with
such contractor and the amount paid to the contractor; (5) whether any other state agency
has the resources to provide the services; (6) whether the agency intends to purchase
the services by competitive negotiation and, if not, why; and (7) whether it is possible
to purchase the services on a cooperative basis with other state agencies. The secretary
shall approve or disapprove an application within fifteen business days after receiving
it and any necessary supporting information, provided if the secretary does not act within
such fifteen-day period the application shall be deemed to have been approved. The
secretary shall immediately notify the Auditors of Public Accounts of any application
which the secretary receives for approval of a personal services agreement for audit
services and give said auditors an opportunity to review the application during such
fifteen-day period and advise the secretary as to whether such audit services are necessary and, if so, could be provided by said auditors.
(b) Each personal service agreement having a cost of more than fifty thousand dollars or a term of more than one year shall be based on competitive negotiation or competitive quotations, unless the state agency purchasing the personal services applies to the
secretary for a waiver from such requirement and the secretary grants the waiver in
accordance with the guidelines adopted under subsection (a) of section 4-215.
(P.A. 93-336, S. 5, 13; 93-435, S. 83, 95; P.A. 96-268, S. 18, 34; P.A. 99-44, S. 1, 2.)
History: P.A. 93-336 effective June 29, 1993; P.A. 93-435 amended Subsec. (a) by adding "and any necessary supporting
information" to Subdiv. (7), effective June 28, 1993; P.A. 96-268 amended Subsec. (a) to replace "ten" with "fifteen" and
"ten-day" with "fifteen-day" re time limit for action on applications, amended Subsec. (b) to add "or competitive quotations"
and made a technical correction, effective July 1, 1996; P.A. 99-44 amended Subsec. (a) to require secretary to give Auditors
of Public Accounts opportunity to review personal services agreement applications for audit services, effective July 1, 1999.