Sec. 4b-24. (Formerly Sec. 4-26c). Commissioner of Public Works' duties re state realty. Total cost basis projects. Demolitions. Disclosure of principals. Audit of contractors.
Sec. 4b-24. (Formerly Sec. 4-26c). Commissioner of Public Works' duties re
state realty. Total cost basis projects. Demolitions. Disclosure of principals. Audit
of contractors. In acting as the determining authority in fulfilling the needs of the
various departments and agencies of state government, except the Legislative Department, and choosing the method of acquisition which shall be pursued in the open competitive market, the commissioner shall:
(1) (A) Compile and maintain comprehensive and complete inventories of all the
improved and unimproved real estate available to the state by virtue of ownership or
lease. The actual mechanical compilation of such inventories may be handled, at the
request of the commissioner, by the Secretary of the Office of Policy and Management;
provided such compilation shall be available to the Commissioner of Public Works at
all times. Such inventory shall be used by the commissioner as the primary source for
meeting state needs, and shall be shared with the review board and with the Secretary
of the Office of Policy and Management; (B) prepare an annual inventory of improved
and unimproved real estate which is owned by the state and which is unused or underutilized and study and make recommendations concerning the reuse or disposition of such
real estate; (C) identify in the inventories required under subparagraphs (A) and (B),
existing buildings that (i) are of historic, architectural or cultural significance, including
buildings listed or eligible to be listed in the national register established under the
National Historic Preservation Act of 1966, 80 Stat. 915 (1966), 16 USC 470a and (ii)
would be suitable, whether or not in need of repair, alteration or addition, to meet the
public building needs of the state or to meet the needs of the public in accordance with
the provisions of subsection (m) of section 4b-23.
(2) Whenever realty uses designed uniquely for state use and for periods over five
years are concerned, the commissioner shall, whenever practicable, attempt to purchase,
lease-purchase or construct on state-owned land. In such cases leases shall be used only
when other possibilities have been eliminated as not feasible, in the opinion of the
commissioner.
(3) Whenever the commissioner has established specific plans and specifications
for new construction on state land or new construction for sale to the state: (A) If it
appears to the commissioner that the cost of the project shall be less than five hundred
thousand dollars, contracts shall be made, where practicable, through a process of sealed
bidding as provided in section 4b-91 relating to projects in excess of five hundred thousand dollars; (B) if it appears to the commissioner that the space needs of the requesting
agency are less than five thousand square feet, the commissioner shall, whenever practicable, carry on advertising, in accordance with the provisions of section 4b-34 relating
to projects in excess of five thousand square feet, in order to allow an equal opportunity
for third parties to do business with the state without regard to political affiliation,
political contributions or relationships with persons in state, federal or local governmental positions.
(4) The commissioner may designate projects to be accomplished on a total cost
basis for (A) new facilities to provide for the substantial space needs of a requesting
agency, (B) the installation of mechanical or electrical equipment systems in existing
state facilities, or (C) the demolition of any state facility that the commissioner is authorized to demolish under the general statutes. If the commissioner designates a project as
a designated total cost basis project, the commissioner may enter into a single contract
with a private developer which may include such project elements as site acquisition,
architectural design and construction. The commissioner shall select a private developer
from among the developers who are selected and recommended by the award panels
established in this subdivision. All contracts for such designated projects shall be based
on competitive proposals received by the commissioner, who shall give notice of such
project, and specifications for the project, by advertising, at least once, in a newspaper
having a substantial circulation in the area in which such project is to be located. No
contract which includes the construction, reconstruction, alteration, remodeling, repair
or demolition of any public building for work by the state for which the total cost is
estimated to be more than five hundred thousand dollars may be awarded to a person
who is not prequalified for the work in accordance with section 4a-100. The commissioner shall determine all other requirements and conditions for such proposals and
awards and shall have sole responsibility for all other aspects of such contracts. Such
contracts shall state clearly the responsibilities of the developer to deliver a completed
and acceptable product on a date certain, the maximum cost of the project and, as a
separate item, the cost of site acquisition, if applicable. No such contract may be entered
into by the commissioner without the prior approval of the State Properties Review
Board and unless funding has been authorized pursuant to the general statutes or a public
or special act.
(5) Whenever a bid is made to the commissioner for any purpose regarding the use
of land or whenever any person proposes to sell or lease land to the state, the bidder or
such person shall be the owner of the land, or the commissioner shall have the option
to void any contract subsequently made with said bidder or third person.
(6) In all dealings with the commissioner the owner of record or beneficial owner
shall be disclosed to the commissioner and the bid shall be revealed to the owner of
record or beneficial owner or the commissioner shall have the option to void any contract
subsequently made concerning any such dealing.
(7) After the authorization of a project under the provisions of section 4b-23, the
public auditors of the state and the auditors or accountants of the Commissioner of
Public Works shall have the right to audit the books of any contractor employed by
the commissioner pursuant to such authorization, or of any party negotiating with the
commissioner for the acquisition of land by lease or otherwise; provided, however, that
any such audit shall be limited to the project authorized by the commissioner and the
Properties Review Board, and provided further that in the case of a party negotiating
with the commissioner, such audit may also be conducted after the negotiations have
ended, if a contract is consummated with the commissioner.
(P.A. 75-425, S. 3, 57; P.A. 77-614, S. 19, 73, 610; P.A. 83-7; P.A. 84-489, S. 2, 5; P.A. 85-301, S. 8, 13; P.A. 86-251,
S. 1, 2; P.A. 87-496, S. 22, 110; P.A. 98-235, S. 3; P.A. 99-75, S. 2; P.A. 01-172, S. 1; P.A. 03-215, S. 9.)
History: P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and
control and commissioner of administrative services for public works commissioner; P.A. 83-7 replaced alphabetic Subdiv.
indicators with numeric Subdiv. indicators and required the commissioner to prepare an annual inventory of improved,
unimproved and underutilized land owned by the state; P.A. 84-489 added requirement that commissioner identify buildings
of historic, architectural or cultural significance that would be suitable for state needs; P.A. 85-301 excluded the legislative
department from the commissioner's authority and made technical changes; P.A. 86-251 inserted new Subdiv. (4) concerning total cost basis projects, renumbering prior provisions as necessary; P.A. 87-496 replaced administrative services
commissioner with public works commissioner; Sec. 4-26c transferred to Sec. 4b-24 in 1989; (Revisor's note: In 1997,
the words "the Office of" were added editorially by the Revisors in a Subdiv. (1) reference to the Secretary of the Office
of Policy and Management for consistency with customary statutory usage); P.A. 98-235 amended Subdiv. (4) to authorize
commissioner to designate total cost basis projects for installation of mechanical or electrical systems in existing state
facilities; P.A. 99-75 amended Subdiv. (3)(A) by substituting $500,000 for both references to $250,000; P.A. 01-172 added
Subdiv. (4)(C) re demolitions, substitute "which may include such project elements" for "which includes such project
elements", "for the project" for "therefor" and "acceptable product" for "acceptable facility", and insert and delete "if
applicable" in various provisions; P.A. 03-215 amended Subdiv. (4) to require that private developers be selected and
recommended by award panels and provide that no contract estimated to cost more than $500,000 may be awarded to a
person who is not prequalified, effective October 1, 2004.