AGO 1991-026.

• Case Date: July 29, 1991
• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-026. July 29, 1991Opinion No. 1991-026Honorable Emil H. FrankelCommissionerDepartment of Transportation24 Wolcott Hill RoadWethersfield, CT 06109 Dear Commissioner Frankel: This is in response to your letter of July 22, 1991, in which you seek our opinion on whether the Department of Transportation ("DOT") has the authority to cancel the unexpended balance of purchase orders that the DOT has issued to Hartford Paving Inc. ("Hartford Paving") for bridge painting services under Contract Award No. 89--A-13-1054-C. You further ask whether the DOT can avoid contracting with Hartford Paving on future painting projects and instead use other companies listed in the contract award. By way of background, it is our understanding that the DOT made a determination that it was in need of various rental services for repair work to be performed on state highway bridges. The DOT brought this need to the attention of the Department of Administrative Services ("DAS") which, subject to certain exceptions not herein applicable, is charged with the responsibility of purchasing or contracting for all supplies, materials, equipment and contractual services required by any state agency. See, Conn. Gen. Stat. §4a-51. In response, DAS issued an announcement on November 28, 1989 soliciting bids for bridge repair rental services in accordance with section 4a-57 of the Connecticut General Statutes. The bid solicitation set forth the particular services, including equipment, that the DOT required and also set forth the terms and conditions that would be made part of the contract for said services. On January 3, 1990, the DAS opened the bids it had received i answer to the solicitation and on January 24, 1990, after consultation with the DOT, DAS made a contract award in which it listed twenty (20) companies as being eligible to provide various items of bridge repair rental services for the DOT. See, Contract Award No. 89-A-13-1054-C. Six (6) of these companies, including Hartford Paving, were listed as eligible to do bridge painting work under Item No. 4 of the contract award. Of these 6 companies, Hartford Paving quoted the lowest per unit prices for work in DOT District No. 1 and therefore the DOT has issued purchase orders to this company under Contract Award No. 890-A-13-1054-C for bridge painting work in...