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2021 Op. Conn. Att'y Gen. 1 (2021)

handle is hein.sag/sagct0075 and id is 1 raw text is: OFFICE OF THE ATTORNEY GENERAL
CONNECTICUT
WILLIAM TONG
ATTORNEY GENERAL
February 25, 2021
Lawrence Fox
Chair, State Contracting Standards Board
165 Capitol Avenue
Suite 1060
Hartford, CT 06106
Dear Chairman Fox:
You have requested a formal legal opinion concerning the scope of the
State Contracting Standards Board's (the Board's) jurisdiction with
respect to the Connecticut Port Authority (the Port Authority), a
quasi-public agency. As explained below, the Board's jurisdiction over
quasi-public agencies in general is quite limited and the Board's
jurisdiction is even more circumscribed with regard to the Port
Authority.
The Board's power derives from its statutes. See Conn. Gen. Stat. §§
4e-1 to 4e-69. Those statutes draw      distinctions between   state
contracting agencies and quasi-public agencies, such as the Port
Authority. Most of the Board's rights, powers, duties, and authorities
extend only to state contracting agencies, as opposed to quasi-public
agencies. In addition, the Port Authority's enabling statutes include a
provision that excludes certain of the Port Authority's agreements from
approval, review or regulation by the Board and other state agencies.
See Conn. Gen. Stat. § 15-31b(a)(15).
We conclude that the Board's jurisdiction with respect to the Port
Authority would primarily be limited to regulating a bidder's contest
under Conn. Gen. Stat. § 4e-36 involving a Port Authority contract
that did not involve real property. The General Assembly would have
to change the statutes to expand the Board's oversight.
165 Capitol Avenue
Hartford, Connecticut 06106
An Affirmative Action/Equal Opportwnity Eplyer

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