Sec. 4a-60. (Formerly Sec. 4-114a). Nondiscrimination and affirmative action
provisions in contracts of the state and political subdivisions other than municipalities. (a) Every contract to which the state or any political subdivision of the state other
than a municipality is a party shall contain the following provisions: (1) The contractor
agrees and warrants that in the performance of the contract such contractor will not
discriminate or permit discrimination against any person or group of persons on the
grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex,
mental retardation or physical disability, including, but not limited to, blindness, unless
it is shown by such contractor that such disability prevents performance of the work
involved, in any manner prohibited by the laws of the United States or of the state
of Connecticut. The contractor further agrees to take affirmative action to insure that
applicants with job-related qualifications are employed and that employees are treated
when employed without regard to their race, color, religious creed, age, marital status,
national origin, ancestry, sex, mental retardation, or physical disability, including, but
not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved; (2) the contractor agrees, in all solicitations
or advertisements for employees placed by or on behalf of the contractor, to state that
it is an "affirmative action-equal opportunity employer" in accordance with regulations
adopted by the commission; (3) the contractor agrees to provide each labor union or
representative of workers with which such contractor has a collective bargaining
agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the commission advising
the labor union or workers' representative of the contractor's commitments under this
section, and to post copies of the notice in conspicuous places available to employees
and applicants for employment; (4) the contractor agrees to comply with each provision
of this section and sections 46a-68e and 46a-68f and with each regulation or relevant
order issued by said commission pursuant to sections 46a-56, 46a-68e and 46a-68f; (5)
the contractor agrees to provide the Commission on Human Rights and Opportunities
with such information requested by the commission, and permit access to pertinent
books, records and accounts, concerning the employment practices and procedures of
the contractor as relate to the provisions of this section and section 46a-56. If the contract
is a public works contract, the contractor agrees and warrants that he will make good
faith efforts to employ minority business enterprises as subcontractors and suppliers of
materials on such public works project.
(b) For the purposes of this section, "minority business enterprise" means any small
contractor or supplier of materials fifty-one per cent or more of the capital stock, if any,
or assets of which is owned by a person or persons: (1) Who are active in the daily affairs
of the enterprise, (2) who have the power to direct the management and policies of the
enterprise and (3) who are members of a minority, as such term is defined in subsection
(a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable
person would exercise in the performance of legal duties and obligations. "Good faith
efforts" shall include, but not be limited to, those reasonable initial efforts necessary to
comply with statutory or regulatory requirements and additional or substituted efforts
when it is determined that such initial efforts will not be sufficient to comply with such
requirements.
(c) Determination of the contractor's good faith efforts shall include but shall not
be limited to the following factors: The contractor's employment and subcontracting
policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the commission
may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
(d) The contractor shall develop and maintain adequate documentation, in a manner
prescribed by the commission, of its good faith efforts.
(e) The contractor shall include the provisions of subsection (a) of this section in
every subcontract or purchase order entered into in order to fulfill any obligation of a
contract with the state and such provisions shall be binding on a subcontractor, vendor
or manufacturer unless exempted by regulations or orders of the commission. The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions
for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the commission, the contractor may request the state of
Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter.
(February, 1965, P.A. 366, S. 1; 1967, P.A. 284; P.A. 73-279, S. 13; P.A. 74-68; P.A. 76-8; P.A. 78-148, S. 8; P.A. 82-358, S. 7, 10; P.A. 83-569, S. 8, 17; P.A. 84-412, S. 3, 8; 84-418; P.A. 88-351, S. 2, 16; P.A. 89-253, S. 2, 7.)
History: 1967 act included contractor's agreement to supply information to civil rights commission; P.A. 73-279 prohibited discrimination on grounds of physical disability; P.A. 74-68 prohibited discrimination on grounds of sex; P.A. 76-8
replaced "religion" with "religious creed" and prohibited discrimination on grounds of age and marital status; P.A. 78-148 prohibited discrimination on grounds of mental retardation; P.A. 82-358 required that contractors for public works
projects make good faith effort to employ minority enterprises as subcontractors and materials suppliers; P.A. 83-569
amended section to refer to Sec. 46a-56; P.A. 84-412 applied provisions to political subdivisions of the state other than a
municipality and defined "minority business enterprise"; P.A. 84-418 added Subsecs. (b) to (e), inclusive, concerning
determination of good faith and adoption of regulations; P.A. 88-351 revised section, substituting "provisions" for "clause",
adding "ancestry" adding provisions re affirmative action requirements and deleting former Subsec. (e) re regulations and
added new Subsec. (e) re applicability of affirmative action requirements to subcontractors, vendors or manufacturers and
involvement of state in litigation or negotiation involving contractor, effective April 1, 1989; Sec. 4-114a transferred to
Sec. 4a-60 in 1989; P.A. 89-253 amended Subsec. (a) by moving provision re public works contracts to end of subsection,
and changed references to Secs. 4a-62, 32-9e, 46a-56 and 46a-68b to 46a-68k to Sec. 46a-68e and 46a-68f, and amended
Subsec. (e) by changing references to this section and Secs. 4a-62, 32-9e, 46a-56 and 46a-68b to 46a-68k, inclusive, to
Sec. 46a-56.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
See Sec. 46a-68b for definition of "public works contract".
Sec. 4a-60a. Contracts of the state and political subdivisions, other than municipalities, to contain provisions re nondiscrimination on the basis of sexual orientation. (a) Every contract to which the state or any political subdivision of the state
other than a municipality is a party shall contain the following provisions: (1) The contractor agrees and warrants that in the performance of the contract such contractor will
not discriminate or permit discrimination against any person or group of persons on the
grounds of sexual orientation, in any manner prohibited by the laws of the United States
or of the state of Connecticut, and that employees are treated when employed without
regard to their sexual orientation; (2) the contractor agrees to provide each labor union
or representative of workers with which such contractor has a collective bargaining
agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human
Rights and Opportunities advising the labor union or workers' representative of the
contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (3) the contractor
agrees to comply with each provision of this section and with each regulation or relevant
order issued by said commission pursuant to section 46a-56; (4) the contractor agrees
to provide the Commission on Human Rights and Opportunities with such information
requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which
relate to the provisions of this section and section 46a-56.
(b) The contractor shall include the provisions of subsection (a) of this section in
every subcontract or purchase order entered into in order to fulfill any obligation of a
contract with the state and such provisions shall be binding on a subcontractor, vendor
or manufacturer unless exempted by regulations or orders of the commission. The contractor shall take such action with respect to any such subcontract or purchase order as
the commission may direct as a means of enforcing such provisions including sanctions
for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the commission, the contractor may request the state of
Connecticut to enter into any such litigation or negotiation prior thereto to protect the
interests of the state and the state may so enter.
(P.A. 91-58, S. 16; 91-407, S. 8, 42.)
History: P.A. 91-407 deleted references to Secs. 46a-68e and 46a-68f.
See Sec. 46a-68b for definition of "public works contract".
Secs. 4a-60b to 4a-60f. Reserved for future use.
Sec. 4a-60g. (Formerly Sec. 32-9e). Set-aside program for small contractors,
minority business enterprises, individuals with disabilities and nonprofit corporations. (a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the following
terms have the following meanings:
(1) "Small contractor" means any contractor, subcontractor, manufacturer or service company (A) which has been doing business under the same ownership and management and has maintained its principal place of business in the state, for a period of
at least one year immediately prior to the date of application for certification under this
section, (B) which had gross revenues not exceeding ten million dollars in the most
recently completed fiscal year prior to such application and (C) at least fifty-one per
cent of the ownership of which is held by a person or persons who exercise operational
authority over the daily affairs of the business and have the power to direct the management and policies and receive the beneficial interests of the business, except that a
nonprofit corporation shall be construed to be a small contractor if such nonprofit corporation meets the requirements of subparagraphs (A) and (B) of this subdivision.
(2) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services itself or
through its head.
(3) "Minority business enterprise" means any small contractor (A) fifty-one per
cent or more of the capital stock, if any, or assets of which are owned by a person or
persons (i) who exercise operational authority over the daily affairs of the enterprise,
(ii) who have the power to direct the management and policies and receive the beneficial
interest of the enterprise, and (iii) who are members of a minority, as such term is defined
in subsection (a) of section 32-9n, (B) who is an individual with a disability, or (C)
which is a nonprofit corporation in which fifty-one per cent or more of the persons who
(i) exercise operational authority over the enterprise, and (ii) have the power to direct
the management and policies of the enterprise are members of a minority, as defined in
this subsection, or are individuals with a disability.
(4) "Affiliated" means the relationship in which a person directly, or indirectly
through one or more intermediaries, controls, is controlled by or is under common control with another person.
(5) "Control" means the power to direct or cause the direction of the management
and policies of any person, whether through the ownership of voting securities, by contract or through any other direct or indirect means. Control shall be presumed to exist
if any person, directly or indirectly, owns, controls, holds with the power to vote, or
holds proxies representing, twenty per cent or more of any voting securities of another
person.
(6) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or
other entity.
(7) "Individual with a disability" means an individual (A) having a physical impairment that substantially limits one or more of the major life activities of the individual
or (B) having a record of such an impairment.
(8) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant
to chapter 602 or any predecessor statutes thereto.
(b) It is found and determined that there is a serious need to help small contractors,
minority business enterprises, nonprofit organizations and individuals with disabilities
to be considered for and awarded state contracts for the construction, reconstruction or
rehabilitation of public buildings, the construction and maintenance of highways and
the purchase of goods and services. Accordingly, the necessity, in the public interest
and for the public benefit and good, of the provisions of this section, sections 4a-60h
to 4a-60j, inclusive, and sections 32-9i to 32-9p, inclusive, is declared as a matter of
legislative determination. Notwithstanding any provisions of the general statutes to the
contrary, and except as set forth herein, the head of each state agency and each political
subdivision of the state other than a municipality shall set aside in each fiscal year, for
award to small contractors, on the basis of competitive bidding procedures, contracts
or portions of contracts for the construction, reconstruction or rehabilitation of public
buildings, the construction and maintenance of highways and the purchase of goods and
services. Eligibility of nonprofit corporations under the provisions of this section shall
be limited to predevelopment contracts awarded by the Commissioner of Economic and
Community Development for housing projects. The total value of such contracts or
portions thereof to be set aside by each such agency shall be at least twenty-five per
cent of the total value of all contracts let by the head of such agency in each fiscal year,
provided that neither: (1) A contract that may not be set aside due to a conflict with a
federal law or regulation; or (2) a contract for any goods or services which have been
determined by the Commissioner of Administrative Services to be not customarily available from or supplied by small contractors shall be included, except that the head of any
such agency may set aside an amount based on the amount of all contracts not excluded
from the calculation which are anticipated to be let in any fiscal year if the method of
calculation for such year would result in a maximum value of contracts to be set aside
of less than twenty-five per cent of the contracts anticipated to be let in such year or in
a minimum value of contracts to be set aside of greater than twenty-five per cent of the
contracts anticipated to be let in such year. Contracts or portions thereof having a value
of not less than twenty-five per cent of the total value of all contracts or portions thereof
to be set aside shall be reserved for awards to minority business enterprises.
(c) The head of any state agency or political subdivision of the state other than a
municipality may, in lieu of setting aside any contract or portions thereof, require any
general or trade contractor or any other entity authorized by such agency to award contracts, to set aside a portion of any contract for subcontractors who are eligible for
set-aside contracts under this section. Nothing in this subsection shall be construed to
diminish the total value of contracts which are required to be set aside by any state
agency or political subdivision of the state other than a municipality pursuant to this
section.
(d) The heads of all state agencies and of each political subdivision of the state other
than a municipality shall notify the Commissioner of Administrative Services of all
contracts to be set aside pursuant to subsection (b) or (c) of this section at the time that
bid documents for such contracts are made available to potential contractors.
(e) In no case shall the Commissioner of Administrative Services recommend, nor
shall any small contractor be awarded, any such contract or contracts, the total amount
of which exceeds ten million dollars in any one fiscal year.
(f) The awarding authority shall require that a contractor or subcontractor awarded
a contract or a portion of a contract under this section perform not less than fifteen per
cent of the work with the workforces of such contractor or subcontractor and shall
require that not less than twenty-five per cent of the work be performed by contractors
or subcontractors eligible for awards under this section. A contractor awarded a contract
or a portion of a contract under this section shall not subcontract with any person with
whom the contractor is affiliated. No person who is affiliated with another person shall
be eligible for awards under this section if both affiliated persons considered together
would not qualify as a small contractor or a minority business enterprise under subsection (a).
(g) The awarding authority may require that a contractor or subcontractor awarded
a contract or a portion of a contract under this section furnish the following documentation: (1) A copy of the certificate of incorporation, certificate of limited partnership,
partnership agreement or other organizational documents of the contractor or subcontractor; (2) a copy of federal income tax returns filed by the contractor or subcontractor
for the previous year; and (3) evidence of payment of fair market value for the purchase
or lease by the contractor or subcontractor of property or equipment from another contractor who is not eligible for set-aside contracts under this section.
(h) The awarding authority or the Commissioner of Administrative Services or the
Commission on Human Rights and Opportunities may conduct an audit of the financial,
corporate and business records and conduct an investigation of any small contractor or
minority business enterprise which applies for or is awarded a set-aside contract for
the purpose of determining eligibility for awards or compliance with the requirements
established under this section.
(i) The provisions of this section shall not apply to any state agency or political
subdivision of the state other than a municipality for which the total value of all contracts
or portions of contracts of the types enumerated in subsection (b) of this section is
anticipated to be equal to ten thousand dollars or less.
(j) In lieu of a performance, bid, labor and materials or other required bond, a contractor or subcontractor awarded a contract under this section may provide to the awarding authority, and the awarding authority shall accept a letter of credit. Any such letter
of credit shall be in an amount equal to ten per cent of the contract for any contract that
is less than one hundred thousand dollars and in an amount equal to twenty-five per
cent of the contract for any contract that exceeds one hundred thousand dollars.
(k) (1) Whenever the awarding agency has reason to believe that any contractor or
subcontractor awarded a set-aside contract has wilfully violated any provision of this
section, the awarding agency may send a notice to such contractor or subcontractor by
certified mail, return receipt requested. Such notice shall include: (A) A reference to
the provision alleged to be violated; (B) a short and plain statement of the matter asserted;
(C) the maximum civil penalty that may be imposed for such violation; and (D) the time
and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen
days after the notice is mailed.
(2) The awarding agency shall hold a hearing on the violation asserted unless such
contractor or subcontractor fails to appear. The hearing shall be held in accordance with
the provisions of chapter 54. If, after the hearing, the awarding agency finds that the
contractor or subcontractor has wilfully violated any provision of this section, the awarding agency shall suspend all set-aside contract payments to the contractor or subcontractor and may, in its discretion, order that a civil penalty not exceeding ten thousand
dollars per violation be imposed on the contractor or subcontractor. If such contractor
or subcontractor fails to appear for the hearing, the awarding agency may, as the facts
require, order that a civil penalty not exceeding ten thousand dollars per violation be
imposed on the contractor or subcontractor. The awarding agency shall send a copy of
any order issued pursuant to this subsection by certified mail, return receipt requested,
to the contractor or subcontractor named in such order. The awarding agency may cause
proceedings to be instituted by the Attorney General for the enforcement of any order
imposing a civil penalty issued under this subsection.
(l) On or before January 1, 2000, the Commissioner of Administrative Services
shall establish a process for certification of small contractors and minority business
enterprises as eligible for set-aside contracts. Each certification shall be valid for a period
not to exceed two years. The application for certification shall be no longer than six
pages. Annually, the commissioner shall print a directory of small contractors and minority business enterprises certified under this section. State agencies shall be provided
with updated directory information quarterly.
(m) On or before September 30, 1995, and annually thereafter, each state agency
and each political subdivision of the state other than a municipality setting aside contracts
or portions of contracts shall prepare a report establishing small and minority business
set-aside program goals for the twelve-month period beginning July first in the same
year. Each such report shall be submitted to the Commissioner of Administrative Services, the Commission on Human Rights and Opportunities and the cochairpersons and
ranking members of the joint standing committees of the General Assembly having
cognizance of matters relating to planning and development and government administration and elections.
(n) On or before November 1, 1995, and quarterly thereafter, each state agency and
each political subdivision of the state other than a municipality setting aside contracts
or portions of contracts shall prepare a status report on the implementation and results
of its small business and minority business enterprise set-aside program goals during
the three-month period ending one month before the due date for the report. Each report
shall be submitted to the Commissioner of Administrative Services and the Commission
on Human Rights and Opportunities. The Commission on Human Rights and Opportunities shall: (1) Monitor the achievement of the annual goals established by each state
agency and political subdivision of the state other than a municipality; and (2) prepare
a quarterly report concerning such goal achievement. The report shall be submitted to
each state agency that submitted a report, the Commissioner of Economic and Community Development, the Commissioner of Administrative Services and the cochairpersons
and ranking members of the joint standing committees of the General Assembly having
cognizance of matters relating to planning and development and government administration and elections. Failure by any state agency or political subdivision of the state other
than a municipality to submit any reports required by this section shall be a violation
of section 46a-77.
(o) On or before January 1, 2000, and annually thereafter, the Department of Administrative Services shall establish a precertification list of small contractors and minority
business enterprises who have established a principal place of business in the state but
have not maintained such place of business for one year and are not in the directory
prepared pursuant to subsection (l) of this section. An awarding agency may select a
small contractor or minority business enterprise from such precertification list only after
such awarding agency makes a good faith effort to find an eligible small contractor or
minority business enterprise in the directory and determines that no small contractor or
minority business enterprise is qualified to perform the work required under the contract.
(P.A. 76-185, S. 1; P.A. 77-425, S. 1; 77-614, S. 73, 135, 284, 587, 610; P.A. 79-631, S. 11, 111; P.A. 82-358, S. 3,
10; P.A. 83-390, S. 1; P.A. 84-412, S. 7, 8; P.A. 85-364; 85-370, S. 1, 2; P.A. 87-577, S. 1, 5; P.A. 88-351, S. 11, 16; P.A.
90-253, S. 1, 4; P.A. 92-189, S. 2; P.A. 93-359; 93-409, S. 1; P.A. 95-79, S. 119, 189; 95-250, S. 1; 95-334, S. 6-8, 13;
P.A. 96-211, S. 1, 5, 6; 96-256, S. 187, 209; P.A. 99-233, S. 1, 7; P.A. 00-199, S. 1, 3; P.A. 01-195, S. 101-103, 181.)
History: P.A. 77-425 replaced references to "departments" with references to "commissioners" throughout section and
included director of purchases, amended Subsec. (a) to add exception re conflict with federal law to make set-aside duty
mandatory rather than optional, to include contracts for purchase of supplies, materials, equipment or contractual services,
to specify minimum set-aside percentage of fifteen per cent and to clarify method of calculation and amended Subsec. (c)
to change contract value limit from two hundred fifty thousand to five hundred thousand dollars and to substitute "fiscal"
for "calendar" year; P.A. 77-614 replaced commissioner of public works and director of purchases with commissioner of
administrative services and, effective January 1, 1979, replaced commissioner of commerce with commissioner of economic development; P.A. 79-631 substituted reference to Sec. 32-23o for reference to Sec. 8-168(e) in Subsec. (e); P.A.
82-358 amended Subsec. (b) to require that contracts or portions of them valued at twenty-five per cent of the total contract
value be reserved for minority business enterprises; P.A. 83-390 added new Subsec. (a) containing definitions and amended
Subsecs. (b) to (d), inclusive, relative to procedures and limits of set aside program; P.A. 84-412 included political subdivisions of the state other than municipalities, amended Subsec. (b) to read "the head of each state agency" rather than "the
heads of all state agencies," inserted Subsec. (c) concerning set asides by general contractors and Subsec. (f) concerning
an exemption for certain agencies and political subdivisions, relettering previously existing Subsecs. as necessary; P.A.
85-364 inserted new Subsec. (f) awarding authority to require a contractor or subcontractor to perform not less than fifteen
per cent of the work with his own forces and requiring at least twenty-five per cent of the work to be performed by contractors
or subcontractors, relettering remaining Subsecs. accordingly; P.A. 85-370 amended Subsec. (b) to insert provision allowing
set-aside based on current year if average presents an extremely high or low range; P.A. 87-577 amended Subsec. (a) by
(1) adding subparagraph lettering, (2) substituting three million dollars for one million five hundred thousand dollars and
adding requirement that at least fifty-one per cent ownership be held by persons active in the affairs of the business in the
definition of "small contractor", (3) redefining "minority business enterprise" to delete requirements that majority holder
of stock or assets be active in daily affairs of the enterprise and have power to direct management and policies of enterprise,
(4) amended Subsec. (e) by substituting one million five hundred thousand dollars for seven hundred fifty thousand dollars,
amended Subsec. (f) by making mandatory the requirement that party awarded contract perform not less than fifteen per
cent of work with own forces and added prohibition on subcontracting with business having interlocking ownership,
management or employees, redesignated existing Subsec. (g) as Subsec. (i) and added new Subsecs. (g), (h) and (j) re
required documentation, audits and procedures and penalties when section provisions are violated; P.A. 88-351 redefined
"minority business enterprise" to require minority owners to be active in daily affairs of enterprise and to have power to
direct management and policies, required total value of set-aside contracts to be at least twenty-five per cent of average
of total value of all contracts, deleting prior minimum of fifteen per cent in Subsec. (b), amended Subsec. (c) to specify
applicability to "trade" contractor "or other entity authorized by such agency to award contracts", and amended Subsec.
(b) to permit commission on human rights and opportunities to conduct audit of financial records; P.A. 90-253 amended
Subsec. (a) by adding definitions of "affiliated", "control" and "person", amended Subsec. (f) by deleting provisions re
interlocking ownership, management or employees and adding provisions re subcontracting with affiliates and eligibility
of affiliated persons for contract awards, and amended Subsec. (h) by adding provisions re audit of corporate and business
records and investigations; P.A. 92-189 amended Subsec. (a) by adding any small contractor "who is an individual with
a disability" to definition of "minority business enterprise" in Subdiv. (3) and adding Subdiv. (7) defining "individual with
a disability"; P.A. 93-359 amended Subsec. (a) to redefine "small contractor" and "minority business enterprise" to include
certain nonprofit corporations and to add a definition of "nonprofit corporation" and amended Subsec. (b) to limit eligibility
of nonprofit corporations to predevelopment contracts awarded by the commissioner of housing; P.A. 93-409 redefined
"small contractor" to raise maximum gross revenues from three million to ten million dollars, amended Subsec. (e) by
increasing the maximum contract award from one million five hundred thousand dollars to ten million dollars, inserted
new Subsec. (j) concerning a letter of credit, relettering former Subsec. (j) as (k), and added new Subsecs. (l) to (n),
inclusive, re establishment by economic development commissioner of a certification process, re annual reports and re
status reports, respectively; P.A. 95-79 amended Subsec. (a) to redefine "person" to include a limited liability company,
effective May 31, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development
and Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-334 amended Subsec. (a) to redefine "small contractor" by inserting "under the same ownership and management" and "immediately", amended Subsec. (j) by inserting reference to "bid, labor and materials or other required" bonds,
amended Subsec. (m) by changing reporting deadline from July first to September thirtieth, annually, and amended Subsec.
(n) by changing reporting deadline from October first to November first, quarterly, and requiring that reports be submitted
to Commission on Human Rights and Opportunities, effective July 13, 1995; P.A. 96-256 amended definition of "nonprofit
corporation" in Subsec. (a) by replacing reference to "chapter 600" with "chapter 602 or any predecessor statutes thereto",
effective January 1, 1997; P.A. 99-233 amended Subdivs. (1) and (3) of Subsec. (a) to revise the definition of "small
contractor" and "minority business enterprise" to include a business where at least fifty-one per cent is owned by persons
with operational authority over daily affairs instead of owned by persons active in daily affairs, amended Subsec. (b) to
add provisions re serious need, amended Subsecs. (d), (e) and (h) to transfer authority from the Department of Economic
and Community Development to the Department of Administrative Services, amended Subsec. (l) to require the Department
of Administrative Services to establish a process for certification and added new Subsec. (o) concerning a precertification
list, effective June 29, 1999; P.A. 00-199 amended Subsecs. (b)(2), (m) and (n) by replacing references to Commissioner
of Economic and Community Development with references to Commissioner of Administrative Services, and further
amended Subsec. (m) by adding reference to the committee on government administration and elections, and further
amended Subsec. (n) by requiring that the Commission on Human Rights and Opportunities (1) monitor the achievement
of the annual goals established by each state agency and political subdivision of the state other than municipalities, and
(2) prepare a quarterly report concerning such goal achievement, and by requiring that the report be submitted to each
agency submitting a report and to the Commissioners of Economic and Community Development and Administrative
Services, and providing that failure to submit reports shall be a violation of Sec. 46a-77, effective June 1, 2000; Sec. 32-9e transferred to Sec. 4a-60g in 2001; P.A. 01-195 made technical changes in Subsecs. (a)(3), (a)(5) and (j), effective July
11, 2001.
Sec. 4a-60h. (Formerly Sec. 32-9f). Administration of set-aside program. Regulations. Access to competitive contracts outside of program guaranteed. (a) The
Commissioner of Administrative Services shall be responsible for the administration
of the set-aside program. The commissioner shall conduct regular training sessions, as
the commissioner deems necessary, for state agencies to explain the set-aside program
and to specify the factors that must be addressed in calculating agency goals under the
program. The commissioner shall conduct informational workshops to inform businesses of set-aside opportunities and responsibilities.
(b) The commissioner shall adopt regulations in accordance with the provisions
of chapter 54 to carry out the purposes of sections 4a-60g to 4a-60j, inclusive. Such
regulations shall include (1) provisions concerning the application of the program to
individuals with a disability; (2) guidelines for a legally acceptable format for, and
content of, letters of credit authorized under subsection (j) of section 4a-60g; (3) procedures for random site visits to the place of business of an applicant for certification at
the time of application and at subsequent times, as necessary, to ensure the integrity of
the application process; and (4) time limits for approval or disapproval of applications.
(c) On or before January 1, 1994, the Commissioner of Administrative Services
shall, by regulations adopted in accordance with chapter 54, establish a process to ensure
that small contractors, small businesses and minority business enterprises have fair access to all competitive contracts outside of the set-aside program.
(P.A. 76-185, S. 2; P.A. 77-425, S. 3; 77-614, S. 284, 610; P.A. 92-189, S. 3; P.A. 93-409, S. 2; P.A. 95-250, S. 1; 95-334, S. 9, 13; P.A. 96-211, S. 1, 5, 6; P.A. 99-233, S. 2, 7.)
History: P.A. 77-425 replaced department of commerce with commissioner of commerce; P.A. 77-614 replaced commissioner of commerce with commissioner of economic development, effective January 1, 1979; P.A. 92-189 added sentence
requiring regulations to address application of program to individuals with a disability; P.A. 93-409 designated existing
provisions as Subsec. (a) and added new Subsec. (b) requiring the commissioner to adopt regulations assuring fair access
to state contracts for small contractors, small businesses and minority business enterprises; P.A. 95-250 and P.A. 96-211
replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic
and Community Development; P.A. 95-334 inserted Subdiv. indicators in Subsec. (a) and added provision requiring that
regulations include guidelines re letters of credit, effective July 13, 1995; P.A. 99-233 divided existing Subsec. (a) into
(a) and (b), redesignating existing Subsec. (b) as (c), amended Subsecs. (a) and (c) by replacing Commissioner of Economic
and Community Development with Commissioner of Administrative Services, added provisions re training and workshops
in Subsec. (a) and amended Subsec. (b) to authorize regulations to implement Secs. 32-9e to 32-9g, inclusive, adding
Subdiv. (3) re random site visits and Subdiv. (4) re time limits for approval of application, effective June 29, 1999; Sec.
32-9f transferred to Sec. 4a-60h in 2001.
Sec. 4a-60i. (Formerly Sec. 32-9g). Responsibilities of agency heads to negotiate and approve contracts not affected. Nothing in sections 4a-60g to 4a-60i, inclusive, shall be construed to interfere with the responsibilities of the heads of all state
agencies to directly negotiate and approve all such contracts.
(P.A. 76-185, S. 3; P.A. 77-425, S. 2; 77-614, S. 73, 135, 587, 610; P.A. 83-390, S. 2.)
History: P.A. 77-425 replaced "departments" with "commissioners" of public works and transportation and included
director of purchases; P.A. 77-614 replaced public works commissioner and director of purchases with commissioner
of administrative services; P.A. 83-390 expanded section to cover heads of all state agencies, where previously only
administrative services and transportation commissioners were included; Sec. 32-9g transferred to Sec. 4a-60i in 2001.
Sec. 4a-60j. (Formerly Sec. 32-9h). Time for payment of contractors. A small
contractor shall receive payment on a contract awarded to him under the provisions of
sections 4a-60g to 4a-60i, inclusive, no later than thirty days from the due date of any
such payment on such contract.
(P.A. 77-425, S. 4.)
History: Sec. 32-9h transferred to Sec. 4a-60j in 2001.
Sec. 4a-61. (Formerly Sec. 4-114b). Award of contracts concerning minority
business enterprises. The Commissioner of Administrative Services, with the advice
of the Commissioner of Economic and Community Development, shall adopt regulations, in accordance with chapter 54, establishing procedures for the award of contracts
concerning minority business enterprises by the state or any political subdivision of the
state other than a municipality.
(P.A. 82-358, S. 1, 10; P.A. 83-580, S. 6, 8; P.A. 84-412, S. 4, 8; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 83-580 removed references to Secs. 32-9e, 32-9n and 32-53 and to Subsec. (a) of Sec. 32-23o; P.A. 84-412 included political subdivisions of the state other than municipalities and made certain technical changes; Sec. 4-114b
transferred to Sec. 4a-61 in 1989; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic
Development with Commissioner and Department of Economic and Community Development.
Sec. 4a-62. (Formerly Sec. 4-114c). Minority Business Enterprise Review
Committee. (a) There is established a Minority Business Enterprise Review Committee.
The committee shall consist of two members of the House of Representatives appointed
by the speaker of the House, two members of the House appointed by the minority leader
of the House, two members of the Senate appointed by the president pro tempore of the
Senate, and two members of the Senate appointed by the minority leader of the Senate.
The committee shall conduct an ongoing study of contract awards, loans and bonds
made or guaranteed by the state or any political subdivision of the state other than a
municipality for the purpose of determining the extent of compliance with the provisions
of the general statutes concerning contract awards, loans and bonds for minority business
enterprises, including the set-aside program for such business enterprises.
(b) The committee may request any agency of the state authorized to award public
works contracts or to enter into purchase of goods or services contracts to submit such
information on compliance with sections 4a-60 and 4a-60g and at such times as the
committee may require. The committee shall consult with the Departments of Public
Works, Transportation and Economic Development and the Commission on Human
Rights and Opportunities concerning compliance with the state programs for minority
business enterprises. The committee shall report annually on or before February first to
the Joint Standing Committee on Legislative Management on the results of its ongoing
study and include its recommendations, if any, for legislation.
(P.A. 82-358, S. 2, 10; P.A. 83-580, S. 7, 8; P.A. 84-412, S. 5, 8; P.A. 88-351, S. 13, 16.)
History: P.A. 83-580 inserted Sec. 32-82 in the review list; P.A. 84-412 included political subdivisions of the state
other than municipalities and made certain technical changes; P.A. 88-351 amended Subsec. (a) by deleting "a member"
and substituting "two members", deleting "review" and substituting "conduct an ongoing study of" and adding "including
the set-aside program for such business enterprises", and added Subsec. (b) re permitting committee to request information
of state agencies, consultation with certain state agencies re compliance with state programs for minority business enterprises and annual report to legislative management; Sec. 4-114c transferred to Sec. 4a-62 in 1989.
Sec. 4a-63. Disqualification from bidding on contracts. Suspension. (a) The
Commissioner of Administrative Services may disqualify any person, firm or corporation, for up to two years, from bidding on contracts with the Department of Administrative Services, pursuant to section 4a-57, for supplies, materials, equipment and contractual services required by any state agency, for one or more causes set forth under
subsection (c) of this section. The commissioner may initiate a disqualification proceeding after consulting with the purchasing agency, if any, and the Attorney General and
shall provide notice and an opportunity to be heard to the person, firm or corporation
which is the subject of the proceeding. The commissioner shall issue a written decision
within ninety days of the last date of such hearing and state in the decision the reasons
for the action taken and, if the person, firm or corporation is being disqualified, the
period of such disqualification. The commissioner shall send the decision to such person,
firm or corporation by certified mail, return receipt requested. The written decision shall
be a final decision for the purposes of sections 4-180 and 4-183.
(b) Before initiating such a proceeding or during the proceeding, the commissioner
may, after consulting with any such purchasing agency and the Attorney General, suspend the person, firm or corporation from being considered for the awarding of such a
contract for such supplies, materials, equipment or contractual services, if the commissioner determines that there is probable cause for disqualification under subsection (a)
of this section. No such suspension shall exceed three months. The commissioner may
suspend such a person, firm or corporation only by issuing a written decision setting
forth the reasons for, and the period of, the suspension. The commissioner shall send the
decision to such person, firm or corporation by certified mail, return receipt requested.
(c) Causes for disqualification or suspension from bidding on contracts shall include
the following:
(1) Conviction or entry of a plea of guilty for commission of a criminal offense as an
incident to obtaining or attempting to obtain a public or private contract or subcontract, or
in the performance of such contract or subcontract;
(2) Conviction or entry of a plea of guilty under state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
property or any other offense indicating a lack of business integrity or business honesty
which affects responsibility as a state contractor;
(3) Conviction or entry of a plea of guilty under state or federal antitrust, collusion
or conspiracy statutes arising out of the submission of bids or proposals;
(4) Noncompliance with contract provisions, of a character regarded by the commissioner to be of such gravity as to indicate a lack of responsibility to perform as a state
contractor, including deliberate failure, without good cause, to perform in accordance
with specifications or time limits provided in a contract;
(5) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, unless such failure to perform or unsatisfactory performance was caused by acts beyond the control of the contractor or supplier; or
(6) Any other cause the commissioner determines to be so serious or compelling
as to affect responsibility as a state contractor, including disqualification by another
governmental entity, having caused financial loss to the state or having caused a serious
delay or inability of state officials to carry out their duties on a past contract or contracts.
(P.A. 87-258; P.A. 99-161, S. 5, 11.)
History: P.A. 99-161 amended Subsec. (a) re initiation of disqualification proceedings by deleting the word "only"
before "after consulting with the purchasing agency, if any, and the Attorney General", effective July 1, 1999.
Sec. 4a-64. (Formerly Sec. 4-116). Persons not to be interested in contract.
Neither the Commissioner of Administrative Services, nor any member of his office
staff, nor any member of the Standardization Committee nor the executive head of any
state agency to whom purchasing authority has been delegated pursuant to section 4a-52a, nor any member of his office staff, nor the chief executive officer of a constituent
unit of the state system of higher education or institution within such a constituent unit,
nor any member of his office staff, shall be financially interested, or have any personal
beneficial interest, either directly or indirectly, in any contract or purchase order for any
supplies, materials, equipment or contractual services furnished to or used by any state
agency or, in the case of the chief executive officer of such a constituent unit or such
an institution or any member of his staff, by any such constituent unit or institution;
nor shall such commissioner or member of his staff or member of the Standardization
Committee or executive head or member of his staff or chief executive officer of such
a constituent unit or institution or any member of his staff accept or receive, directly or
indirectly, from any person, firm or corporation to which any contract or purchase order
may be awarded by the Department of Administrative Services, any such state agency
or any such constituent unit or institution, as the case may be, by rebate, gifts or otherwise, any money, or anything of value whatsoever, or any promise, obligation or contract
for future reward or compensation. Any person who violates any provision of this section
shall be fined not more than five hundred dollars or imprisoned not more than six months
or be both fined and imprisoned.
(March, 1950, S. 94d; 1959, P.A. 258, S. 8; P.A. 77-614, S. 97, 610; P.A. 90-201, S. 5, 11; P.A. 95-285, S. 6, 9.)
History: 1959 act substituted "director" for "supervisor"; P.A. 77-614 substituted commissioner of administrative
services for director of purchases; Sec. 4-116 transferred to Sec. 4a-64 in 1989; P.A. 90-201 added the chief executive
officers of the constituent units of the state system of higher education and of the institutions within the constituent units,
and members of their office staffs, as persons not to be interested in contracts; P.A. 95-285 applied section to executive
heads of state agencies to whom purchasing authority is delegated pursuant to Sec. 4a-52 and any members of their office
staff, effective July 1, 1995.
Sec. 4a-65. (Formerly Sec. 4-115). Unlawful purchases. When any state agency
purchases or contracts for any supplies, materials, equipment or contractual services
contrary to the provisions of this chapter or the regulations promulgated in pursuance
thereof, such order or contract shall be void and of no effect. The administrative head
of such agency shall be personally liable for the costs of such order or contract and, if
already paid for out of state funds, the amount thereof may be recovered from such
administrative head by the state in a civil action.
(1949 Rev., S. 254; 1959, P.A. 258, S. 7.)
History: 1959 act made no change in section; Sec. 4-115 transferred to Sec. 4a-65 in 1989.
Cited. 220 C. 689, 697. Cited. 233 C. 254, 277, 278.
Sec. 4a-66. (Formerly Sec. 4-25). Acquisition of federal property. Contracts
with federal agencies concerning health services. Exemption from statutes or municipal charter. Purchasing from federal contractors. (a) The state, through the Commissioner of Administrative Services, or any political subdivision thereof, through the
officer or agent legally authorized to make purchases on its behalf, may enter into any
contract with the United States government or any federal agency for the purchase, lease
or other acquisition of any equipment, supplies, materials or other property or for the
purchase, sale or exchange of, or other cooperation concerning, services related to medicine or health. No provision of the statutes or of any municipal charter concerning the
inviting of competitive bids, public advertising for bids or of expenditures, the delivery
of purchases before payment, or any other provision which may result in disadvantage
or loss of opportunity to such state agency or subdivision in such transactions with
the federal government, shall apply to transactions made under the provisions of this
subsection. Any municipality desiring to enter into any such contract may do so only
after the acceptance of the applicable provisions of this section at a meeting of such
municipality warned and held for the purpose.
(b) The state, through the Commissioner of Administrative Services and pursuant
to Public Law 103-355, may purchase equipment, supplies, materials or other property
from a person who has a contract to sell such property to a department, agency or instrumentality of the United States government, in accordance with the terms and conditions
of said contract.
(1949 Rev., S. 263; P.A. 77-111, S. 1, 2; 77-614, S. 135, 610; P.A. 96-176, S. 3.)
History: P.A. 77-111 allowed contracting with federal agencies for services related to medicine or health; P.A. 77-614
replaced director of purchases with commissioner of administrative services; Sec. 4-25 transferred to Sec. 4a-66 in 1989;
P.A. 96-176 designated existing provisions as Subsec. (a), inserted "Government" in Subsec. (a) and added Subsec. (b) re
purchasing from federal contractors.
Sec. 4a-67. (Formerly Sec. 4-120a). Acquisition of federal surplus property.
The Commissioner of Administrative Services is designated as the official agency of
the state to acquire, warehouse and distribute surplus personal property of the federal
government and to act on behalf of any state agencies or other donees eligible for such
federal surplus personal property under federal legislation or regulations, and is authorized to execute, with the approval of the Attorney General, any certification or agreement
required by the federal government and to take all other action necessary or appropriate
to cooperate with the federal government in carrying out the purpose of any federal act
or regulation in connection with such surplus personal property. All moneys or other
assets derived from the sale of property acquired under the provisions of this section
shall be credited to the revolving fund established by section 4a-75 and may be expended
after allotment in accordance with law.
(1959, P.A. 136, S. 1; 1967, P.A. 482, S. 1; P.A. 77-614, S. 101, 610.)
History: 1967 act required proceeds of sales be credited to revolving fund; P.A. 77-614 replaced director of purchases
with commissioner of administrative services; Sec. 4-120a transferred to Sec. 4a-67 in 1989.
Sec. 4a-67a. Plan to increase state purchase of goods containing recyclable
materials and goods capable of being recycled or remanufactured. (a) The Commissioner of Administrative Services shall prepare on or before October 1, 1989, and thereafter periodically update, a plan to increase state procurement of goods that contain
recycled materials and products that are recyclable or remanufactured, as defined in
subsection (c) of section 4a-59. In preparing such plan, the commissioner shall assess
the feasibility and efficacy of: (1) Requiring replies to state agency bid specifications
to include a statement of postconsumer and secondary waste content; (2) establishing
minimum goals for state purchase of white bond and other paper with specified postconsumer and secondary waste content and a schedule for the accomplishment of such
goals; (3) requiring bids to be accompanied by statements assessing the ability of the
materials to be recycled or products to be recycled or remanufactured and assessing the
extent to which there are established recycling programs which would facilitate recycling or remanufacturing; (4) authorizing the Department of Administrative Services to
substitute similar but different paper products to meet agency orders if the substitute has
a higher postconsumer waste content; (5) requiring the Department of Administrative
Services to revise a specification to eliminate requirements which favor virgin over
recycled materials unless there is a compelling reason for the specification; (6) requiring
the commissioner to investigate and report to the Municipal Solid Waste Recycling
Advisory Council opportunities for purchase of materials containing postconsumer
waste; and (7) requiring the state to utilize two-sided copies, whenever possible, to
reduce paper waste.
(b) Within six months of adoption of the plan, and annually thereafter, the commissioner shall submit a report on implementation of the plan to the joint standing committee
of the General Assembly having cognizance of matters relating to the environment. The
report shall also include any price preferences allowed pursuant to section 4a-59.
(c) The Commissioner of Administrative Services shall revise the specifications for
products and materials purchased by the state for which the United States Environmental
Protection Agency has guidelines for minimum recycled content to incorporate such
minimum guidelines. Such specifications shall favor recycled, recyclable or remanufactured products and materials where such products or materials are available.
(P.A. 88-231, S. 1; P.A. 93-367, S. 3; P.A. 94-153, S. 2; P.A. 99-213, S. 4.)
History: P.A. 93-367 amended Subsec. (b) to delete requirement that report be submitted to municipal solid waste
recycling advisory council and added Subsec. (c) re revision of purchasing specifications; P.A. 94-153 amended Subsec.
(c) to delete a provision regarding an aggregate price preference for any fiscal year; P.A. 99-213 amended Subsec. (a) to
require preparation and updating of plan to increase state procurement of products that are recyclable or remanufactured
and amended Subsec. (c) to require bid specifications for products and materials purchased by state to favor recyclable or
remanufactured products.
Sec. 4a-67b. Elimination of use of disposable and single-use products in state
government. (a) As used in this section and section 4b-15, "disposable product" means
any product with an essential part which cannot be replaced, refilled or renewed and
for which a reusable product exists, and "single-use product" means any nonconsumable
product designed to be discarded after one use or customarily used only once and for
which a reusable substitute exists.
(b) The Commissioner of Administrative Services shall develop and implement
a plan to eliminate by stages, the use of disposable and single-use products in state
government, which shall include an implementation schedule and a list of products that
may be affected. The plan shall be submitted to the joint standing committee of the
General Assembly having cognizance of matters relating to the environment on or before
February 1, 1990.
(c) The provisions of this section shall not be deemed to apply to disposable or
single-use products directly related to health or veterinary care or medical or scientific
research.
(d) On and after October 1, 1999, the Department of Administrative Services in the
exercise of its procurement authority shall not procure any product for state use if the
original manufacturer of the product prohibits the remanufacture or recycling of such
product or requires any contract that forbids remanufacturing or recycling of the product.
The provisions of this subsection shall not prohibit the department from procuring products from a manufacturer who has entered into a written contract with the department
or a customer pursuant to which the department or a customer agrees to return a used
product to the manufacturer for recycling or remanufacturing provided such manufacturer has established a recycling or remanufacturing program for such product.
(P.A. 89-385, S. 8; P.A. 99-213, S. 1.)
History: P.A. 99-213 added new Subsec. (d) to prohibit Department of Administrative Services from purchasing products
from manufacturers that prohibit remanufacturing or recycling of such products, effective October 1, 1999.
Sec. 4a-67c. Equipment and appliances for state use, energy standards. The
Department of Administrative Services and each other budgeted agency, as defined in
section 4-69, exercising procurement authority shall procure equipment and appliances
for state use which meet or exceed the federal energy conservation standards set forth in
the Energy Policy and Conservation Act, 42 USC 6295, any federal regulations adopted
thereunder and any applicable energy performance standards established in accordance
with subsection (j) of section 16a-38. Purchases of equipment and appliances for which
energy performance standards have been established pursuant to subsection (j) of section
16a-38 shall be (1) made from among those specific models of equipment and appliances
which meet such standards, and (2) based, when possible, on competitive bids. Such
bids shall be evaluated on the basis of the life-cycle cost standards, if any, established
pursuant to subsection (b) of section 16a-38.
(P.A. 90-219, S. 12; P.A. 93-417, S. 3, 5; P.A. 94-67, S. 3; P.A. 95-346, S. 2, 4.)
History: P.A. 93-417 replaced requirement that department purchase energy-efficient appliances with requirement that
department procure equipment and appliances which meet or exceed federal standards, effective October 1, 1993, and
applicable to design proposals for major capital projects which are commenced after that date; P.A. 94-67 added provisions
re energy performance and life-cycle cost standards; P.A. 95-346 applied section to budgeted agencies exercising procurement authority, added reference to federal regulations and made a technical change, effective July 1, 1995.
Sec. 4a-67d. Purchase of cars and light duty trucks. Gasoline mileage ratings.
Exemption. (a) The fleet average for cars or light duty trucks purchased by the state
shall: (1) On and after October 1, 2001, have a United States Environmental Protection
Agency estimated highway gasoline mileage rating of at least thirty-five miles per gallon
and on and after January 1, 2003, have a United States Environmental Protection Agency
estimated highway gasoline mileage rating of at least forty miles per gallon, (2) comply
with the requirements set forth in 10 CFR 490 concerning the percentage of alternative-fueled vehicles required in the state motor vehicle fleet, and (3) obtain the best achievable
mileage per pound of carbon dioxide emitted in its class. The alternative-fueled vehicles
purchased by the state to comply with said requirements shall be capable of operating
on natural gas or electricity or any other system acceptable to the United States Department of Energy that operates on fuel that is available in the state.
(b) The provisions of subsection (a) of this section shall not apply to cars or light
duty trucks purchased for law enforcement or other special use purposes as designated
by the Department of Administrative Services.
(c) As used in this section, the terms "car" and "light duty truck" shall be as defined
in the United States Department of Energy Publication DOE/CE -0019/8, or any successor publication.
(P.A. 90-219, S. 5; P.A. 93-37, S. 1, 2; 93-199, S. 5, 6; P.A. 01-168, S. 2; P.A. 04-231, S. 2.)
History: P.A. 93-37 amended Subsec. (a) to modify the gasoline mileage requirements and added Subsec. (d) re requirements for purchase of alternative fuel vehicles, effective April 22, 1993; P.A. 93-199 changed mileage rating in Subsec.
(a) from twenty-six to twenty-nine miles per gallon for cars and from twenty to twenty-four miles per gallon for light duty
trucks and added exemption in Subsec. (b) for certain vehicles purchased by state and intended for conversion to alternative
fuel use, effective July 1, 1993; P.A. 01-168 amended Subsec. (a) by redefining the highway gasoline mileage rating
required in the state motor vehicle fleet, and deleted Subsec. (d) re requirements for the purchase of car and light duty
trucks powered by combustion of natural gas or electricity in calendar years 1993 and 1994; P.A. 04-231 amended Subsec.
(a) to add Subdiv. (3) re best achievable mileage per pound of carbon dioxide and amended Subsec. (b) to delete exception
for cars or trucks intended for conversion into natural gas or electric-powered vehicles.
Sec. 4a-67e. Standards for purchase of recycled paper. All recycled xerographic or copy paper purchased by the state for use in state offices shall meet the
applicable minimum recycled content standards established in federal Executive Order
No. 12873, and any regulations or guidelines promulgated by the United States Environmental Protection Agency to carry out the purposes of said order, for purchase of paper
by the federal government provided such paper shall have a composition such that at
least ten per cent of the fiber material used to produce such paper is derived from postconsumer recovered paper. Any recycled white paper used for state lottery tickets and tax
return forms shall meet the standards provided therein for xerographic copy paper provided at least thirty per cent of the fiber material used to produce such paper is derived
from postconsumer recovered paper and further provided the recycled paper for lottery
tickets meets lottery security requirements. All tax return booklets prepared by the Department of Revenue Services shall be printed on recycled paper which meets the minimum recycled content standards for white paper or newsprint, whichever is used in such
booklets, established by the United States Environmental Protection Agency provided
at least ten per cent of the fiber material used to produce such white paper is derived
from postconsumer recovered paper.
(P.A. 93-367, S. 1; P.A. 97-124, S. 11, 16; P.A. 01-168, S. 3.)
History: P.A. 97-124 changed the minimum recycled content standard for recycled xerographic or copy paper to that
contained in federal Executive Order No. 12873, effective June 6, 1997; P.A. 01-168 made technical changes and replaced
"ten per cent" with "thirty per cent".
Sec. 4a-67f. Specifications for printing and writing paper. (a) The Commissioner of Administrative Services shall revise the specifications for printing and writing
paper purchased by the state to (1) incorporate the standards provided for in federal
Executive Order No. 12873 and any regulations or guidelines promulgated by the United
States Environmental Protection Agency to carry out the purposes of said order and (2)
provide for the purchase and use by state agencies of paper composed entirely of materials manufactured using processes (A) which do not involve harvesting of trees or which
are otherwise derived entirely from sources other than trees and (B) which can be categorized as having less adverse impact on the environment than conventional processes.
(b) The commissioner may provide for alternative standards in such specifications
if he determines that (1) a satisfactory level of competition does not exist with regard
to the market for a particular paper item specified in such standards, (2) a particular
paper item is not available within a reasonable time period or (3) the available items
fail to meet reasonable performance standards established by the agency for which such
items are being procured.
(P.A. 94-153, S. 1; P.A. 98-99, S. 2.)
History: P.A. 98-99 amended Subsec. (a) to add provisions re purchase of paper produced by processes with less adverse
environmental impact.
Sec. 4a-67g. Recycling and remanufacture of laser printer toner cartridges.
The Department of Administrative Services shall make available for recycling or remanufacture any spent laser printer toner cartridge purchased by such agency on and after
October 1, 1999.
(P.A. 99-213, S. 2.)
Sec. 4a-67h. Procedures promoting the procurement and use of recycled products and environmentally preferable products and services by state agencies. (a)
As used in this section, "environmentally preferable" means, with regard to products,
services or practices, that such products, services or practices have a lesser or reduced
negative effect on human health and the environment when compared to competing
products, services or practices that serve the same function. "Environmentally preferable
products" includes both recycled and recyclable products.
(b) Within available appropriations, the Department of Administrative Services
shall establish procedures that promote, to the greatest extent feasible, the procurement
and use of recycled products and environmentally preferable products, services, and
practices by state agencies. The department shall: (1) Designate environmentally preferable products, taking into consideration the raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal aspects of
such products, and establish minimum standards and specifications for their procurement and use; (2) when feasible, include the use of environmentally preferable products
and services as a criteria in a multiple criteria bid or an evaluation factor in requests for
proposals; and (3) consider the use of environmentally preferable business practices
when reviewing the overall performance of a bidder or proposer's business operation.
Such procedures shall not be considered regulations, as defined in section 4-166.
(c) Not later than January 1, 2005, and annually thereafter, the department shall:
(1) Develop and maintain information about environmentally preferable products, services and practices procured through the department, including, but not limited to, products, services and practices that minimize global warming impact and recycled products;
(2) provide assistance with the implementation of the procedures developed pursuant
to subsection (b) of this section and provide information to agencies about the use of
environmentally preferable products and services; and (3) monitor the use of environmentally preferable products, services and practices and recycled products by state agencies. Such information compiled pursuant to this subsection shall designate those products, services or practices that cost the same or less than other similar products, services
or practices.
(P.A. 01-168, S. 1; P.A. 03-19, S. 9; P.A. 04-252, S. 4.)
History: P.A. 03-19 made technical changes in Subsec. (b), effective May 12, 2003; P.A. 04-252 amended Subsec. (b)
to replace "products and services" with "products, services, and practices", and amended Subsec. (c) to replace "Within
available appropriations" with "Not later than January 1, 2005, and annually thereafter", to add provisions re environmentally preferable practices, to add provision re products, services and practices procured through the department that minimize
global warming impact, and to add provision re products, services or practices that cost the same or less than other similar
products, services or practices (Revisor's note: In 2005, the phrase "Such information compiled pursuant to subsection (c)
of this section and this subsection shall ...", which appeared in the last sentence of said Subsec. (c), as enacted, was changed
editorially by the Revisors to "Such information compiled pursuant to this subsection shall ...", for accuracy).
Secs. 4a-68 to 4a-70. (Formerly Secs. 4-34, 4-117, 4-124). Commissioner to contract for state printing; exception; reproduction of documents filed with certain
agencies. Commissioner of Administrative Services to approve requests for microcopying services. Forms used by state agencies; duties of Administrative Services
Commissioner re forms. Sections 4a-68a to 4a-70, inclusive, are repealed effective
July 1, 1996.
(1949 Rev., S. 277; March, 1950, S. 95d; 1953, S. 92d, 98d; 1955, S. 103d, 1010d; 1957, P.A. 176, S. 13, 14; 537, S.
1; 1959, P.A. 258, S. 9; 1963, P.A. 519, S. 1; 1967, P.A. 495, S. 1; 1971, P.A. 566; P.A. 73-679, S. 17, 43; P.A. 74-23;
P.A. 75-537, S. 32, 55; P.A. 77-614, S. 83, 98, 105, 610; P.A. 79-343; P.A. 80-388, S. 2; P.A. 88-297, S. 11; P.A. 90-230,
S. 7, 101; P.A. 91-144, S. 4; P.A. 93-381, S. 9, 39; P.A. 95-230, S. 32, 45; 95-257, S. 12, 21, 58; P.A. 96-88, S. 8, 9.)
Sec. 4a-70a. Prohibition on printing state stationery containing party symbol.
No public official or state employee, as defined in section 1-79, shall print or arrange
for the printing of stationery for the state containing a generally recognized symbol of
a major or minor party, as defined in section 9-372.
(P.A. 91-351, S. 27, 28.)
Sec. 4a-71. (Formerly Sec. 4-121a). Prompt payment by state departments and
agencies. (a) Except as provided in section 4a-73, each state department and agency
shall pay interest at a rate of one per cent per month on amounts due on written contracts
for public works, personal services, goods and services, equipment and travel, whenever
such department or agency fails to make timely payment.
(b) For the purposes of this section, payment shall be timely if: (1) A check or
warrant is mailed or delivered on the date specified for the amount specified in the
applicable contract documents, or, if no date is specified, within forty-five days of receipt
of a properly completed claim or receipt of goods and services, whichever is later; or
(2) for any amount that is required to be withheld under state or federal law, a check or
warrant is mailed or delivered in the proper amount on the date the amount may be
released under the applicable law.
(P.A. 84-243, S. 4.)
History: Sec. 4-121a transferred to Sec. 4a-71 in 1989.
Sec. 4a-72. (Formerly Sec. 4-121b). Prompt payment. Exceptions. (a) Section
4a-71 shall not apply to the following: (1) Interagency or intergovernmental transactions; (2) amounts payable to employees or prospective employees of state departments
or agencies as reimbursement for expenses; (3) claims subject to a good faith dispute,
if before the date of timely payment, notice of the dispute is: (A) Sent by certified mail;
(B) personally delivered; or (C) sent in accordance with any procedure in the contract;
(4) contracts entered into before October 1, 1984; (5) contracts related to highway or
road construction, reconstruction or maintenance; or (6) claims, contracts or projects
that are to be paid for exclusively with federal funds.
(b) As used in subdivision (3) of subsection (a), "good faith dispute" means: (1) A
contention by the state that goods delivered or services rendered were: (A) Of less
quantity or quality than ordered or specified by contract; (B) faulty; or (C) installed
improperly; or (2) any other reason giving cause for the withholding of payment by the
state until such dispute is settled.
(P.A. 84-243, S. 5.)
History: Sec. 4-121b transferred to Sec. 4a-72 in 1989.
Sec. 4a-73. (Formerly Sec. 4-121c). Administration of prompt payment provisions. (a) Any state agency required to pay late payment penalties under section 4a-71
shall pay the penalties from funds designated for administrative costs of the agency
receiving the public works, personal services, goods and services, equipment or travel.
The penalties shall not be paid from other funds of the state.
(b) Any amount of an interest penalty which remains unpaid at the end of any thirty-day period shall be added to the principal amount of the debt and, thereafter, interest
penalties shall accrue on that amount.
(c) In instances where a claim is filled out incorrectly or where there is any defect
or impropriety in a claim submitted, the state department or agency shall contact the
vendor within ten days. An error on the vendor's claim, if corrected within five business
days of his being so contacted and within the payment period as determined pursuant
to section 4a-71, shall not result in the vendor being paid after the expiration of the
period for timely payment.
(P.A. 84-243, S. 6.)
History: Sec. 4-121c transferred to Sec. 4a-73 in 1989.
Sec. 4a-74. (Formerly Sec. 4-110d). Governmental exemption from public
utility late payment charge. Notwithstanding any regulation or order of the Department
of Public Utility Control which permits the imposition of a late payment charge by a
public service company on customer bills, the state and any political subdivision thereof:
(1) Shall not be subject to such charge on any bill which accrued on or before June 5,
1975; and (2) shall not be subject to such charge on any bill which accrues after said
date, for the first sixty days after the due date of such bill.
(P.A. 75-267; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 5, 348.)
History: P.A. 77-614 replaced public utility control authority with division of public utility control within the department
of business regulation, effective January 1, 1979; P.A. 80-482 replaced division of public utility control with department
of public utility control and abolished department of business regulation; Sec. 4-110d transferred to Sec. 4a-74 in 1989.
Sec. 4a-75. (Formerly Sec. 4-122). Payment of obligations. Department of Administrative Services Revolving Fund. The Comptroller shall prescribe the manner
in which claims for supplies, materials, equipment and contractual services purchased
or contracted for shall be submitted, examined, approved and paid. There shall continue
to be, from the appropriations of the state agencies, a Department of Administrative
Services Revolving Fund of such amount as the Commissioner of Administrative Services, with the approval of the Governor, determines to be necessary to defray such
current expenses for supplies, materials, equipment and contractual services as will be
incurred by the commissioner in anticipation of the future requirements of state agencies
or under other conditions necessitating the payment of such expense prior to the determination of the legal or equitable claims to be charged on account of such expenses to the
appropriations of such agencies. Claims on account of such expenses shall be paid from
said revolving fund. Any such expenses which cannot be specifically allocated to particular state agencies shall be apportioned monthly by the commissioner, with the approval
of the Standardization Committee, among the state agencies for which they were incurred in such manner as the commissioner deems equitable. All funds received in
payment of such claims shall be credited to said revolving fund.
(1949 Rev., S. 255; 1959, P.A. 258, S. 12; P.A. 77-614, S. 102, 610; P.A. 93-30, S. 2, 14; P.A. 00-68, S. 1.)
History: 1959 act substituted "director of purchases" for "supervisor of purchases"; P.A. 77-614 replaced director of
purchases with commissioner of administrative services; Sec. 4-122 transferred to Sec. 4a-75 in 1989; P.A. 93-30 changed
name of fund from "revolving or working capital fund" to "general services revolving fund", effective July 1, 1993; P.A.
00-68 substituted "Department of Administrative Services Revolving Fund" for "General Services Revolving Fund".
Sec. 4a-76. (Formerly Sec. 4-122a). Recording of estimated requirements. In
July and December of each fiscal year the Comptroller shall record upon the records of
the revolving fund established under section 4a-75, or adjust the records to reflect, as
anticipated resources of the fund, such amount as the Commissioner of Administrative
Services estimates to be the requirements of state agencies for the twelve months immediately succeeding. The amounts so estimated shall be deemed to be appropriated and
subject to allotment according to law.
(1967, P.A. 467, S. 1; P.A. 77-614, S. 103, 610.)
History: P.A. 77-614 replaced director of purchases with commissioner of administrative services; Sec. 4-122a transferred to Sec. 4a-76 in 1989.
Sec. 4a-77. Definitions. As used in sections 4a-77 to 4a-80, inclusive:
(1) "License" means the whole or part of any public agency permit, certificate,
approval, registration, charter or similar form of permission to engage in a profession,
trade, business or occupation and any notification required to be made to any public
agency that a profession, trade, business or occupation is being engaged in or is expected
to be commenced.
(2) "Person" means an individual, partnership, society, association, joint stock company, corporation, limited liability company, estate, receiver, trustee, assignee, referee,
or any other person acting in a fiduciary or representative capacity, whether appointed
by a court or otherwise, or any combination of the foregoing.
(3) "Public agency" means any department within the executive branch of state
government as listed in section 4-38c.
(4) "Commissioner" means the Commissioner of Revenue Services.
(5) "Issuing a license" includes the granting, renewing, amending or supplementing
a license.
(P.A. 93-288, S. 1, 7; P.A. 95-79, S. 10, 189.)
History: P.A. 93-288 effective July 1, 1994; P.A. 95-79 redefined "person" to include a limited liability company,
effective May 31, 1995.
Sec. 4a-78. State policy with respect to providing Social Security numbers and
federal employer identification numbers. It is the policy of the state to require persons
applying for a license, selling goods or services, leasing real or personal property to a
public agency, or, after October 1, 2001, registering any motor vehicle with the Commissioner of Motor Vehicles to furnish a federal Social Security account number or federal
employer identification number or both, if available, to establish the identification of
persons affected by the tax laws of the state and for that purpose only to treat public
agencies as having an administrative responsibility for the tax laws of the state.
(P.A. 93-288, S. 2, 7; P.A. 97-309, S. 18, 23; 97-322, S. 7, 9; P.A. 99-268, S. 19; P.A. 00-169, S. 22.)
History: P.A. 93-288 effective July 1, 1994; P.A. 97-309 added registering any motor vehicle with the Commissioner
of Motor Vehicles, effective October 1, 1999; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting
this section; P.A. 99-268 specified that provision regarding motor vehicle registrations applies "after October 1, 2001";
P.A. 00-169 revised effective date of P.A. 99-268 but without affecting this section.
Sec. 4a-79. Federal Social Security number or employer identification number required on each license issued by a public agency. (a) Each public agency, as part
of any procedure for issuing any license, shall require each person making application for
a license to provide such person's federal Social Security account number or federal
employer identification number, or both, if available, to the licensing agency or where
such number or numbers are unavailable, the reason or reasons for the unavailability.
The numbers or reasons shall be obtained by the agency as part of the administration
of taxes administered by the commissioner for the purpose of establishing the identification of persons affected by such taxes.
(b) Each public agency issuing any licenses shall on or before February 1, 1995,
and February first annually thereafter furnish to the commissioner on a compatible magnetic tape file or in some other form which is acceptable to the commissioner, a list of
all persons to whom licenses were issued by such agency during the preceding calendar year.
(c) Each list provided to the commissioner pursuant to this section shall contain the
name, address and federal Social Security account number or federal employer identification number of each person named on such list, or both, if available to such agency
or the reason or reasons for the unavailability.
(P.A. 93-288, S. 3, 7.)
History: P.A. 93-288 effective July 1, 1994.
Sec. 4a-80. Federal Social Security number or employer identification number required of all contractors purchasing goods or services. (a) Each public agency
when contracting to purchase goods or services or when leasing real or personal property
shall require each person contracting with the state to provide such person's federal
Social Security account number or federal employer identification number, or both, if
available, to such agency or the reason or reasons for the unavailability. Such numbers
or reasons shall be obtained by any agency as part of the administration of taxes administered by the commissioner for the purpose of establishing the identification of persons
affected by such taxes.
(b) Each public agency shall, on or before August 1, 1995, and August first annually
thereafter furnish to the commissioner, on a compatible magnetic tape file or in some
other form which is acceptable to the commissioner, a list of all persons furnishing
goods or services or leasing real or personal property to such agency, if any, during the
preceding state fiscal year.
(c) Each list provided to the commissioner pursuant to this section shall contain the
name, address, federal Social Security account number or federal employer identification number of each person named on such list, or both, if available to such agency or
the reason or reasons for the unavailability.
(P.A. 93-288, S. 4, 7.)
History: P.A. 93-288 effective July 1, 1994.