State%20of%20Connecticut%20Contracting%20Reform%20Task%20Force

1
State of ConnecticutContracting Reform Task
Force

• Governor M. Jodi Rell
• July 26, 2004

2
Agenda

• Charge
• Introductions
• Protocols
• Themes and DPW perspective
• Remarks and Legislative initiatives
• Committee membership workgroup structure
• Project plan and timeline

3
Protocols

• Task force Executive agency
• Meetings open to the public
• Notice requirements and minutes (motions votes)
• FOI
• Votes reduced to writing and available to public
  within 48 hours
• Minutes with 7 days (may be a draft)
• Agendas posted 24 hours prior to meeting

4
Role of State Auditors

• Independence
• No nonaudit services involving management
  functions or decisions
• Role of auditors on task forces

5
Goal

• Our charge is clear to ensure our contracting
  processes reflect the highest standards of
  integrity, are clean and consistent and are
  conducted in the most efficient manner possible
  to enable state agencies to deliver programs and
  serve our citizens.

6
Themes

• Clear and consistent procedures for evaluation of
  bids and contractor performance
• Complete, clear and open records of the
  contractor selection process, including written
  justification for decisions by those involved in
  the selection process
• Binding and enforceable code of ethics for all
  those conducting business with the state

7
Themes (continued)

• Authority to suspend contractors engaged in wrong
  doing related to existing state contracts
• Permanent oversight board for all major state
  contracts to ensure consistency and adherence to
  all contracting requirements
• Requiring all contractors regardless of size to
  adhere to laws concerning disclosure of gifts to
  state employees

8
Themes (continued)

• Reviewing the role of the State Properties Review
  Board to ensure appropriate oversight of all
  state leases
• Implementing provisions of the Governors
  Executive Order 1 and recent contracting reform
  legislation
• Enacting a False Claims Act, modeled after the
  federal statute, for damages and penalties
  against contractors who defraud the state

9
Values

• Level playing field
• Transparency ? clear and cogent
• Best industry practices
• Checks and balances
• Service (timeliness and responsiveness)

10
10 Steps

• Predesignated selection criteria and weights
• Advertisement
• Non-collusion/no talk certification for
  selection panel members and contractor
  affidavit(s)
• Response to questions / addenda
• Submission requirements enforcement

11
10 Steps

• Screening panel, where applicable
• Interview panel, where applicable
• Objective rating forms/method
• Recommendation for selection with checks
  balances and documentation
• Internal review and final decision

12
New Laws / directives

• PA 03-215 An Act Concerning Construction
  Contracts
• PA 04-141 An Act Revising Prequalification
  Requirements for State Construction Contracts
• PA 04-245 An Act Strengthening Ethics Laws
  Concerning Financial Disclosure, Gifts and State
  Contractors

13
New Laws / directives (continued)

• PA 04-204 An Act Increasing the Membership of
  the State Ethics Commission and Concerning
  Recommended Appropriations and Allotments of the
  State Ethics, Elections Enforcement and Freedom
  of Information Commissions
• PA 04-102 An Act Concerning Debarment Reform

14
New Laws / directives (continued)

• PA 04-38 An Act Making Certain Reforms to the
  State Ethics Code
• Executive Order 1

15
Committee members Work group structure
16
(No Transcript)
17
Work group roles

• Chair ? Deliver report that addresses the
  charge, is responsive to the issues, represents
  input from all applicable parties and is
  submitted in the required format by deadline
• Writer ? Synthesize input from user
  agencies, work group members, reports, and and
  source documents into one, coherent document in
  the prescribed format

18
Work group roles

• Workgroup member ?
• Participate in task force meetings by maintaining
  clarity of purpose and perspective and driving
  towards task completion
• Participate in work group dialogue by providing
  input on current processes, what works, what does
  not and your recommendations for improvements

19
Work group roles

• User agencies ?
• Provide input on the current process from your
  perspective, identify problems and desired changes

20
Work group parameters

• Format
• Summary page
• For each issue statement of current situation
• Problems
• Causes of problems
• Recommendations for improvements
• Cite administrative or statutory changes required
• Appendix for back-up data/source documents

21
Work group parameters (continued)

• Governors 9 points
• Themes
• DPW 10 points
• Types of selections
• Types of delivery methods
• Agencies using the current process
• Data awards, dollars, firms, MWBE, agency
• Statutory mandates

22
Work group parameters (continued)

• Describe current process
• How was the current process developed
• Ratings/scoring systems
• Level of transparency
• Impact
• Identification of areas open to manipulation or
  risk
• Current industry standards and best practices

23
(No Transcript)
24
Resources

• 2004 Public Acts
• June 14, 2004 slide presentation DPW
  Certification and Affidavit Protocol
• DPW contractor affidavit and selection panel
  member certification forms
• Federal False Claims Act
• OPM Personal Services Agreements Standards and
  Procedures (Draft version 4) July 23, 2004

25
Ethics Resources

• Center for Ethics in Public Policy and the
  Professions
• www.journalism.org/statement.htm
• Center for Public Integrity
• www.publicintegrity.org/main.html
• Harvard University Program in Ethics and the
  Professions
• www.ethics.harvard.edu/

26
Ethics Resources

• US Office of Government Ethics
• www.usoge.gov/
• The American Institute of Architects (AIA) Code
  of Ethics and Professional Conduct
• www.aia.org/about/ethics/
• Transparency International Corruption Perceptions
  Index 2003
• www.transparency.org/