Sec. 4-215. Personal service agreements having cost of more than twenty thousand dollars but not more than fifty thousand dollars and term of not more than one year. Waiver requests. Report. Audit services. (a) Each personal service agreement executed on or after July 1, 1994, and having a cost of more than twenty thousand dollars but not more than fifty thousand dollars and a term of not more than one year shall be based on competitive negotiation or competitive quotations, unless the state agency purchasing the personal services determines that a sole source purchase is required and applies to the secretary for a waiver from such requirement and the secretary grants the waiver. Not later than March 1, 1994, the secretary shall adopt guidelines for determining the types of services that may qualify for such waivers. The qualifying services shall include, but not be limited to, (1) services for which the cost to the state of a competitive selection procedure would outweigh the benefits of such procedure, as documented by the state agency, (2) proprietary services, (3) services to be provided by a contractor mandated by the general statutes or a public or special act, and (4) emergency services, including services needed for the protection of life or health. The secretary shall post any approvals of requests for a waiver received under this section on the State Contracting Portal. Not later than January 15, 2020, and annually thereafter, the secretary shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and government administration and the State Contracting Standards Board listing any such waiver requests received during the prior year and the justification for the grant or denial of such request.
(b) The secretary shall immediately notify the Auditors of Public Accounts of any application that the secretary receives for approval of a sole source purchase of audit services and give the auditors the opportunity to review the application to advise the secretary as to whether such services are necessary and, if so, whether such services could be provided by said auditors.
(P.A. 93-336, S. 4, 13; 93-435, S. 82, 95; P.A. 94-188, S. 20; P.A. 09-210, S. 3; P.A. 18-137, S. 9; P.A. 19-117, S. 103.)
History: P.A. 93-336 effective June 29, 1993; P.A. 93-435 amended Subsec. (a) to make a technical grammatical change, effective June 28, 1993; P.A. 94-188 amended Subsec. (a) to change the applicable agreement amount from more than $10,000 to more than $20,000; P.A. 09-210 deleted former Subsec. (b) re state agency submission of information to secretary and made a conforming change, effective July 8, 2009; P.A. 18-137 designated existing provisions re personal service agreement as Subsec. (a) and added Subsec. (b) re notification to auditors of applications for sole source purchases of audit services; P.A. 19-117 amended Subsec. (a) to add provisions requiring posting of approvals of waiver requests and report to legislative committees and the State Contracting Standards Board re waiver requests.
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Sec. 4-216. Personal service agreements having cost of more than fifty thousand dollars or term of more than one year. Nonprofit provider contract incentives. (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 section 4-215.
(c) The secretary shall establish a pilot incentive program for nonprofit providers of human services that shall (1) allow providers who otherwise meet contractual requirements to retain a percentage of any savings realized by the providers from the contracted cost for services, and (2) provide that future contracted amounts from the state for the same types of services are not reduced solely to reflect savings achieved in previous contracts by such providers. The pilot incentive program shall include eight nonprofit providers of human services with state contracts of the following amounts: (A) Two with contracts of at least fifty million dollars, (B) two with contracts of at least twenty million dollars but less than fifty million dollars, (C) two with contracts of at least five million dollars but less than twenty million dollars, and (D) two with contracts of less than five million dollars. For purposes of this subsection, “nonprofit providers of human services” includes, but is not limited to, nonprofit providers of services to persons with intellectual, physical or mental disabilities or autism spectrum disorder.
(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; P.A. 09-210, S. 4; P.A. 17-122, S. 1; P.A. 19-127, S. 1.)
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; P.A. 09-210 made a technical change in Subsec. (b), effective July 8, 2009; P.A. 17-122 added Subsec. (c) re establishment of incentive program for nonprofit providers of human services, effective July 1, 2017; P.A. 19-127 substantially amended Subsec. (c) including replacing “may establish an incentive program” with “shall establish a pilot incentive program”, deleting reference to contracts that do not exceed $1,000,000, deleting former Subdiv. (2) re requirement that at least 50 per cent of savings retained by providers be used to expand services, redesignated existing Subdiv. (3) as new Subdiv. (2), adding provisions re nonprofit providers of human services with contracts in certain amounts to be included in pilot incentive program, and replacing “state funded assistance programs” with “nonprofit providers of human services”, effective July 1, 2019.
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