(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.
Structure Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 55a - Consultants and Personal Service Agreements
Section 4-213. - Personal service agreement required when hiring personal service contractor.
Section 4-217. - Standards. Written procedures. Requests for proposals.
Section 4-218. - Reports to the General Assembly concerning personal service agreements.