2005 Connecticut Code - Sec. 4b-58. (Formerly Sec. 4-134d). Contracting for consultant services.
Sec. 4b-58. (Formerly Sec. 4-134d). Contracting for consultant services. (a)(1)
Except in the case of a project, The University of Connecticut library project, a priority
higher education facility project, a project, as defined in subdivision (16) of section
10a-109c, undertaken by The University of Connecticut, a community court project, a
correctional facility project, a juvenile detention center project, the Connecticut Juvenile
Training School project, and the downtown Hartford higher education center project,
the commissioner shall negotiate a contract for consultant services with the firm most
qualified, in the commissioner's judgment, at compensation which the commissioner
determines is both fair and reasonable to the state. (2) In the case of a project, the
commissioner shall negotiate a contract for such services with the most qualified firm
from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state. If the commissioner
is unable to conclude a contract with any of the firms recommended by the panel, the
commissioner shall, after issuing written findings of fact documenting the reasons for
such inability, negotiate with those firms which the commissioner determines to be
most qualified, at fair and reasonable compensation, to render the particular consultant
services under consideration. (3) Whenever consultant services are required for The
University of Connecticut library project, a priority higher education facility project, a
community court project, a correctional facility project, a juvenile detention center project, the Connecticut Juvenile Training School project, or the downtown Hartford higher
education center project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most
qualified, in the commissioner's judgment, at compensation which the commissioner
determines is both fair and reasonable to the state, except that if, in the opinion of the
commissioner, the Connecticut Juvenile Training School project needs to be expedited
in order to meet the needs of the Department of Children and Families, the commissioner
may waive such selection requirement. Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of
the commissioner's action within five business days, for its approval or disapproval in
accordance with subsection (i) of section 4b-23, except that if, within fifteen days of
such notice, a decision has not been made, the board shall be deemed to have approved
such contract. The Connecticut Juvenile Training School project shall be exempt from
the State Properties Review Board approval process.
(P.A. 79-450, S. 5, 8; P.A. 80-334; P.A. 89-353, S. 2, 8; P.A. 91-230, S. 2, 17; May Sp. Sess. P.A. 94-2, S. 4, 203; P.A. 95-230, S. 38, 45; P.A. 96-235, S. 12, 19; P.A. 97-293, S. 20, 26; P.A. 98-21, S. 3; 98-59, S. 2, 3; P.A. 99-26, S. 3, 39; 99-75, S. 7; 99-241, S. 49, 66; P.A. 00-192, S. 16, 102.)
History: P.A. 80-334 rewrote considerations for determining fair and reasonable compensation; Sec. 4-134d transferred to Sec. 4b-58 in 1989; P.A. 89-353 divided Subsec. (a) into Subdivs., exempted emergency correctional facility project from Subdiv. (1) and added Subdiv. (3) re procedure for contracting with design professionals or firms for such projects; P.A. 91-230 in Subsec. (a) added references to a priority higher education facility project and the exception for instances in which a decision has not been made within fifteen days; May Sp. Sess. P.A. 94-2 exempted the University of Connecticut library project from Subdiv. (1) and included said project in provisions of Subdiv. (3), effective July 1, 1994; P.A. 95-230 amended Subsec. (a) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 96-235 substituted "consultant" for "design professional", effective June 6, 1996; P.A. 97-293 made a technical change in Subsec. (a), effective July 1, 1997; P.A. 98-21 amended Subsec. (a) to exempt a community court project from Subdiv. (1) and to include a community court project in Subdiv. (3); P.A. 98-59 changed effective date of P.A. 98-21 from October 1, 1998, to April 13, 1998; P.A. 99-26 amended Subsec. (a) to exempt the Connecticut Juvenile Training School project from Subdiv. (1), to include said project in Subdiv. (3), to add exception in Subdiv. (3) authorizing the commissioner to waive the selection requirement if said project needs to be expedited, to add provision exempting said project from the State Properties Review Board approval process and to make technical changes for purposes of gender neutrality, effective May 7, 1999; P.A. 99-75 amended Subsec. (a) by deleting references to "an emergency correctional facility project" and making technical changes; P.A. 99-241 amended Subsec. (a) to add downtown Hartford higher education center, effective June 28, 1999; P.A. 00-192 amended Subsec. (a)(1) and (3) to include correctional facility project and juvenile detention center project, effective July 1, 2000.
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