§ 4e-4 — Authority and responsibilities of the board with respect to procurements by state contracting agencies.

Except as otherwise provided in the general statutes, the board shall have the following authority and responsibilities with respect to procurements by state contracting agencies: (a) Recommend the repeal of repetitive, conflicting or obsolete statutes concerning state procurement; (b) Review and make recommendations concerning proposed legislation and regulations concerning procurement, management, control, and disposal of any and all supplies, services, and construction to be procured by the state, including, but not limited to: (1) Conditions and procedures for delegation of procurement authority; (2) Prequalification, suspension, debarment and reinstatement of prospective bidders and contractors; (3) Small purchase procedures; (4) Conditions and procedures for the procurement of perishables and items for resale; (5) Conditions and procedures for the use of source selection methods authorized by statutes and regulations concerning procurement; (6) Conditions and procedures for the use of emergency procurements; (7) Conditions and procedures for the selection of contractors by processes or methods that restrict full and open competition; (8) The opening or rejection of bids and offers, and waiver of errors in bids and offers; (9) Confidentiality of technical data and trade secrets submitted by actual or prospective bidders; (10) Partial, progressive and multiple awards; (11) Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale or other disposal of publicly-owned supplies; (12) Definitions and classes of contractual services and procedures for acquiring such services; (13) Regulations providing for conducting cost and price analysis; (14) Use of payment and performance bonds; (15) Guidelines for use of cost principles in negotiations, adjustments and settlements; and (16) Identification of procurement best practices; (c) Adopt regulations, pursuant to chapter 54, to carry out the provisions of statutes concerning procurement, in order to facilitate consistent application of the law and require the implementation of procurement best practices; (d) Make recommendations with regard to information systems for state procurement including, but not limited to, data element and design and the State Contracting Portal; (e) Develop a guide to state statutes and regulations concerning procurement, for use by all state contracting agencies; (f) Assist state contracting agencies in complying with the statutes and regulations concerning procurement by providing guidance, models, advice and practical assistance to state contracting agency staff relating to: (1) Buying the best service at the best price, (2) properly selecting contractors, and (3) drafting contracts that achieve state goals of accountability, transparency and results based outcomes and to protect taxpayers' interest; (g) Train and oversee the agency procurement officer of each state contracting agency and any contracting officers thereunder; (h) Review and certify, on or after January 1, 2009, that a state contracting agency's procurement processes are in compliance with statutes and regulations concerning procurement by: (1) Establishing procurement and project management education and training criteria and certification procedures for agency procurement officers and contracting officers. All agency procurement officers and contracting officers designated under this provision shall be required to maintain the certification in good standing at all times while performing procurement functions; (2) Approving an ethics training course, in consultation with the Office of State Ethics, including, but not limited to, state employees involved in procurement and for state contractors and substantial subcontractors who are prequalified pursuant to chapter 58a. Such ethics training course may be developed and provided by the Office of State Ethics or by any person, firm or corporation provided such course is approved by the State Contracting Standards Board; (i) Recertify each state contracting agency's procurement processes, triennially, and provide agencies with notice of any certification deficiency and exercise those powers authorized by section 4e-34 , 4e-39 or 4e-40 , as applicable, if a determination of noncompliance is made; (j) Define the contract data reporting requirements to the board for state agencies concerning information on: (1) The number and type of state contracts of each state contracting agency currently in effect state-wide; (2) the term and dollar value of such contracts; (3) a list of client agencies; (4) a description of services purchased under such contracts; (5) contractor names; (6) an evaluation of contractor performance, including, but not limited to records pertaining to the suspension or disqualification of contractors, and assuring such information is available on the State Contracting Portal; and (7) a list of contracts and contractors awarded without full and open competition stating the reasons for and identifying the approving authority; and (k) Provide the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to government administration with recommendations concerning the statutes and regulations concerning procurement.

Legislative History

(Sept. Sp. Sess. P.A. 07-1, S. 4.) History: Sept. Sp. Sess. P.A. 07-1 effective January 1, 2009.