Section 4-216 - Approval for personal service agreements having cost of more than fifty thousand dollars. Waiver requests. Report(a) No state agency may execute a personal service agreement having a cost of more than fifty thousand dollars 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. In the case of a proposed personal services agreement for audit services, the agency shall notify the Auditors of Public Accounts of a proposed personal services agreement for audit services and give said auditors an opportunity to review the application and advise the agency 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 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. 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, 2024, 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.( 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 .)
Amended by P.A. 23-0204,S. 108 of the Connecticut Acts of the 2023 Regular Session, eff. 1/1/2024.Amended by P.A. 23-0186,S. 3 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 21-0002, S. 339 of the Connecticut Acts of the 2021 Special Session, eff. 7/1/2021.Amended by P.A. 21-0065, S. 2 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.Amended by P.A. 19-0127, S. 1 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 17-0122, S. 1 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.Amended by P.A. 09-0210, S. 4 of the the 2009 Regular Session, eff. 7/8/2009.