§ 4-258 — Competitive procurement process; requirements. Stipend for unsuccessful proposer. Department authority to retain consultants.

(a) The department shall conduct a competitive procurement process for the selection of a contractor prior to entering into a public-private partnership. The department shall use, where appropriate, in accordance with the nature and scope of the project, (1) competitive bidding, as defined in section 4e-1, or (2) competitive negotiation, as defined in section 4a-50. (b) Prior to beginning a competitive procurement process in accordance with subsection (a) of this section, the department may issue a request for information to obtain information regarding potential projects. (c) In conducting the competitive procurement process, the department shall meet the following requirements in addition to the requirements set forth in subsection (a) of this section: (1) Contain, within the bid specifications, a detailed description of the scope of the proposed project; (2) Contain the material terms and conditions of the terms applicable to the procurement and any contract that results; (3) Provide public notice of the invitation to bid, request for proposal or request for information not less than thirty days prior to the due date, unless the Commissioner of Transportation makes a written determination that a lesser time period is appropriate and will preserve the competitive nature of the procurement; and (4) Publish the evaluation and selection criteria and include a determination of which proposals best serve the public purpose of sections 4-255 to 4-264 , inclusive. (d) The department may pay a stipend to an unsuccessful proposer, in an amount and on the terms and conditions determined by the department as reasonable, if (1) the department cancels the procurement process less than thirty days prior to the date the bid or proposal is due, or (2) the unsuccessful proposer submits a proposal that is responsive and meets all the requirements established by the department for the project. The department may require the proposer to grant the department the right to use any work product contained in any unsuccessful proposal, or in the event of a cancelled procurement as set forth in this section, any work product developed prior to cancellation, including designs, processes, technologies and information. All conditions for a stipend shall be clearly set forth in the request for information, bid solicitation, request for proposal or request for qualifications. (e) The department may retain financial, legal and other consultants and experts to assist in the procurement, evaluation and negotiation of public-private partnerships and for the development of eligible facilities in accordance with sections 4-255 to 4-264 , inclusive. Such services may be procured through a contract with a private entity or with another state agency.

Legislative History

(Oct. Sp. Sess. P.A. 11-1, S. 83; P.A. 15-18, S. 7; P.A. 21-99, S. 5; P.A. 22-44, S. 25.) History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 15-18 made a technical change in Subsec. (a), effective June 5, 2015; P.A. 21-99 replaced references to agency with references to department, amended Subsec. (a) to add “prior to entering a public-private partnership”, amended Subsecs. (b) and (d) to delete “public-private partnership”, amended Subsec. (c) to delete “public-private partnership” in Subdiv. (1), replace “agency head” with “Commissioner of Transportation” in Subdiv. (3), and replace reference to Sec. 4-263 with reference to Sec. 4-264 and make technical changes in Subdiv. (4), and amended Subsec. (e) to replace reference to Sec. 4-263 with reference to Sec. 4-264, effective June 28, 2021; P.A. 22-44 amended Subsec. (a) to make a technical change, effective July 1, 2022.