DeFronzo, 111814 CTAGO, AGO 2014-8

Case DateNovember 18, 2014
CourtConnecticut
The Honorable Donald J. DeFronzo
AGO 2014-8
No. 2014-008
Connecticut Attorney General Opinions
Office of the Attorney General State of Connecticut
November 18, 2014
         The Honorable Donald J. DeFronzo          Commissioner          Department of Administrative Services          165 Capitol Avenue          Hartford, CT 06106          Dear Commissioner DeFronzo:          You have asked my office for an opinion regarding whether Title 4a, Chapter 58 of the Connecticut General Statutes provides the Department of Administrative Services ("DAS") the authority to enter into contracts on behalf of the State of Connecticut (the "State") for all types of services, or whether DAS must use Title 4, Chapter 55a of the Connecticut General Statutes to enter into any of those contracts. Our conclusion is that DAS may use its statutory authority under Title 4a, Chapter 58 to enter into contracts on behalf of the State for all types of services.          I. Statutory Framework.          A. Title 4a, Chapter 58 of the Connecticut General Statutes.          Chapter 58 sets forth various requirements relating to the purchase of goods and services by the State. Within this chapter, two statutes are relevant to this opinion:          Conn. Gen. Stat. § 4a-51 provides, in relevant part, "(a) The Commissioner of Administrative Services shall: (1) Purchase, lease or contract for all supplies, materials, equipment and contractual services required by any state agency...". [emphasis added]          Conn. Gen. Stat. § 4a-50(3) defines "Contractual services" as "any and all laundry and cleaning service, pest control service, janitorial service, security service, the rental and repair, or maintenance, of equipment, machinery and other state-owned personal property, advertising and photostating, mimeographing, and other service arrangements where the services are provided by persons other than state employees [.]" [emphasis added]          When DAS enters into a contract for the purchase of goods and services on behalf of a state agency under Chapter 58, it must comply with the statutory requirements set forth in that chapter relating to such contracts (particularly related to competitive bidding and negotiation), as well as the regulations established by DAS pursuant to Conn. Gen Stat. § 4a-52.          B. Title 4. Chapter 55a of the Connecticut General Statutes.          Chapter 55a, consisting of sections 4-212 through 4-219, permits state agencies to enter into personal service agreements directly and sets forth certain requirements for state agencies wishing to enter into such agreements. Of particular relevance to this opinion is...

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