Sec. 4a-57e. Purchases of personal protective equipment. List of companies. Report.
Sec. 4a-67i. Municipal environmentally sustainable purchasing model policy or guidelines.
Sec. 4a-52a. Purchases by constituent units of the state system of higher education. Disqualification from bidding. Delegation of purchasing authority to state agencies. (a) Notwithstanding the provisions of section 4a-51 or 4a-52, the chief executive officer of each constituent unit of the state system of higher education or, in the case of the Connecticut State University System, the chief executive officer of a state university, is authorized to purchase supplies, materials, equipment, contractual services, as defined in section 4a-50, execute personal service agreements as defined in section 4-212, lease personal property in accordance with section 10a-151b, and undertake printing, publishing and microfilming for such constituent unit or institution. The provisions of sections 4-212 to 4-219, inclusive, and section 9 of public act 93-336* shall not apply to personal service agreements executed pursuant to this section.
(b) The chief executive officer of each constituent unit of the state system of higher education or, in the case of the Connecticut State University System, the chief executive officer of a state university may disqualify any person, firm or corporation, for up to two years, from bidding on contracts with the constituent unit or institutions under its jurisdiction, pursuant to section 10a-151b, for supplies, materials, equipment and contractual services required by the constituent unit or institution, for one or more causes specified in subsection (d) of this section. The chief executive officer may initiate a disqualification proceeding only after consulting with 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 chief executive officer 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 the disqualification. The chief executive officer shall send the decision to such person, firm or corporation by certified mail, return receipt requested, and a copy of the decision shall be sent to the Commissioner of Administrative Services. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
(c) Before initiating such a proceeding or during the proceeding, the chief executive officer may, after consulting with 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 chief executive officer determines that there is probable cause for disqualification under subsection (b) of this section. No such suspension shall exceed three months. The chief executive officer 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 chief executive officer shall send the decision to such person, firm or corporation by certified mail, return receipt requested, and a copy of the decision shall be sent to the Commissioner of Administrative Services.
(d) 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 chief executive officer to be of such gravity as to indicate a lack of responsibility to perform as a 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 chief executive officer determines to be so serious or compelling as to affect responsibility as a contractor, including disqualification by another government 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.
(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the Commissioner of Administrative Services may delegate authority to any state agency to purchase supplies, materials, equipment and contractual services, consistent with section 4a-67c, if the commissioner determines, in writing, that (1) such delegation would reduce state purchasing costs or result in more efficient state purchasing, and (2) the agency has employees with experience and expertise in state purchasing statutes, regulations and procedures. In determining which agencies to delegate such purchasing authority to, the commissioner shall give preference to agencies which have exceeded the spending allocation requirements of section 4a-60g. An agency to whom such authority is delegated shall comply with all such statutes, regulations and procedures. The Commissioner of Administrative Services or his or her designee shall periodically review each such delegation of purchasing authority and may revoke or modify a delegation upon determining that the agency has violated any provision of the delegation or that there is evidence of insufficient competition in the competitive bidding or competitive negotiation process.
(P.A. 88-192, S. 1, 2; P.A. 90-91; P.A. 91-256, S. 8, 69; P.A. 93-201, S. 2, 24; P.A. 95-285, S. 1, 9; P.A. 96-88, S. 3, 9; P.A. 00-66, S. 27; P.A. 12-205, S. 4; P.A. 21-76, S. 20; P.A. 25-168, S. 223.)
*Note: Section 9 of public act 93-336 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 90-91 added Subsec. (b) permitting commissioner of administrative services to authorize the department of correction to purchase supplies, materials, equipment and contractual services for industrial activities when amount of purchase is $20,000 or less; P.A. 91-256 in Subsec. (a) added references to Sec. 4a-51, 4a-68, 4a-69 and 4a-70, language concerning printing, publishing, and microfilming and language concerning the Connecticut State University system and removed language concerning delegation of authority by the commissioner of administrative services and a $20,000 limitation on purchases which could be delegated; P.A. 93-201 amended Subsec. (a) to add the language on personal service agreements and on the leasing of personal property, relettered Subsec. (b) as Subsec. (e), and inserted new Subsecs. (b) to (d), inclusive, on the disqualification of persons, firms or corporations from bidding on contracts with a constituent unit, effective July 1, 1993; P.A. 95-285 allowed Commissioner of Administrative Services to delegate purchasing authority to all state agencies, instead of to Department of Correction only, established procedures re delegations of authority, and required commissioner to report annually to General Assembly re such delegations, effective July 1, 1995; P.A. 96-88 deleted references to repealed Secs. 4a-68, 4a-69 and 4a-70 in Subsec. (a), effective July 1, 1996; P.A. 00-66 deleted reference to repealed Sec. 4-210 from Subsec. (a); P.A. 12-205 amended Subsec. (e) to make technical changes and delete annual report requirement, effective July 1, 2012; P.A. 21-76 amended Subsec. (e) to delete requirement delegated agency submit annual reports re purchase orders, effective July 1, 2021; P.A. 25-168 amended Subsec. (e) to replace reference to “set-aside program” with reference to “spending allocation program”.
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Sec. 4a-53b. Bulk purchases of prescription drugs by state agencies and the Judicial Branch. Negotiation. Compact with other states. Reporting. (a) As used in this section and sections 4a-53c and 4a-53d, “drug purchasing agency” means the Judicial Branch and the Department of Mental Health and Addiction Services, Children and Families, Developmental Services or Public Health. Except as provided in subsection (c) of this section, the Department of Administrative Services shall negotiate bulk prices for prescription drugs on behalf of drug purchasing agencies with the goal of purchasing such drugs at lower prices than the prices of such drugs purchased by a single drug purchasing agency.
(b) In purchasing drugs at bulk prices pursuant to this section, a drug purchasing agency may enter into a compact with officials in other states to increase the state's purchasing power in negotiations with pharmaceutical companies.
(c) A drug purchasing agency may negotiate its own drug prices upon demonstrating to the Commissioner of Administrative Services that it is able to purchase such drugs at a cheaper price than the state's bulk pricing agreements, or if operational conditions require. Such demonstration shall be made in writing.
(d) Not later than February 1, 2026, the Commissioner of Administrative Services, or the commissioner's designee, shall file a report, in accordance with the provisions of section 11-4a, with the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, general law, human services and public health on any savings realized from bulk purchases of prescription drugs pursuant to subsection (a) of this section.
(P.A. 25-167, S. 19.)
History: P.A. 25-167 effective July 1, 2025.
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Sec. 4a-53c. Maximum fair prices for prescription drug purchases for health care programs subsidized by the state. (a) As used in this section, (1) “maximum fair prices” means the prices negotiated by the Centers for Medicare and Medicaid Services for certain prescription drugs under the Inflation Reduction Act, P.L. 117-69, and (2) “drug purchasing agency” has the same meaning as provided in section 4a-53b. A drug purchasing agency may incorporate as a guiding price in the negotiations with a pharmaceutical drug manufacturer, the maximum fair prices in any negotiation with a pharmaceutical drug manufacturer to supply prescription drugs for health care programs subsidized by the state.
(b) In purchasing drugs at bulk prices pursuant to section 4a-53b or maximum fair prices pursuant to this section, a drug purchasing agency may enter into a compact with officials in other states to increase the state's purchasing power in negotiations with pharmaceutical companies. A drug purchasing agency shall consider recommendations of the council established pursuant to section 4a-53d in any negotiations for prescription drugs pursuant to this section or section 4a-53b.
(P.A. 25-167, S. 20.)
History: P.A. 25-167 effective July 1, 2025.
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Sec. 4a-53d. Advisory Council on Pharmaceutical Procurement. Membership. Conflict prohibition. Reports. (a) There is established an Advisory Council on Pharmaceutical Procurement to advise the Commissioner of Administrative Services and drug purchasing agencies on prescription drug negotiations pursuant to sections 4a-53b and 4a-53c.
(b) The council shall consist of five members appointed by the Governor, one of which shall be designated by the Governor to serve as chairperson of the council. The council shall include members who have expertise in health policy, health care economics or clinical medicine.
(c) All initial appointments to the council shall be made not later than thirty days after October 1, 2025. Any vacancy shall be filled by the appointing authority.
(d) The chairperson shall schedule the first meeting of the council, which shall be held not later than sixty days after October 1, 2025.
(e) No member of the council may (1) have a direct ownership or investment interest in a pharmaceutical company, (2) be employed by such company or participate in the management of such company, or (3) receive or have the right to receive, directly or indirectly, remuneration under a compensation arrangement with such company.
(f) Not later than January 1, 2026, and annually thereafter, the council shall submit a report on its findings and recommendations to the Commissioner of Administrative Services and the joint standing committees of the General Assembly having cognizance of matters relating to general law, human services and public health, in accordance with the provisions of section 11-4a.
(P.A. 25-167, S. 21.)
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Sec. 4a-57e. Purchases of personal protective equipment. List of companies. Report. Section 4a-57e is repealed, effective June 30, 2025.
(June Sp. Sess. P.A. 21-2, S. 190; P.A. 25-168, S. 84.)
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Sec. 4a-60. (Formerly Sec. 4-114a). Nondiscrimination and affirmative action provisions in awarding agency contracts. (a) As used in this section:
(1) “Contract” includes any extension or modification of the contract, but does not include a contract where each contractor is (A) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a public works contract, (B) any other state, as defined in section 1-267, (C) the federal government, (D) a foreign government, or (E) an agency of a subdivision, state or government described in subparagraph (A), (B), (C) or (D) of this subdivision;
(2) “Contractor” includes any successors or assigns of the contractor;
(3) “Public works contract” has the same meaning as provided in section 46a-68b;
(4) “Marital status” means being single, married as recognized by the state of Connecticut, widowed, separated or divorced;
(5) “Mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, or a record of or regarding a person as having one or more such disorders;
(6) “Minority business enterprise” has the same meaning as provided in section 4a-60g;
(7) “Good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations;
(8) “Good faith efforts” includes, but is not 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; and
(9) “Awarding agency” has the same meaning as provided in section 4a-60g.
(b) Except as provided in section 10a-151i, every contract to which an awarding agency 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, sexual orientation, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, intellectual disability, mental disability 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; and the contractor further agrees to take affirmative action to ensure 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, sexual orientation, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, intellectual disability, mental disability 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 on Human Rights and Opportunities;
(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 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;
(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, 46a-68f and 46a-86; and
(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.
(c) If the contract is a public works contract, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project.
(d) Except as provided in section 10a-151i:
(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a public works contract shall include a nondiscrimination affirmation provision certifying that the contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (b) of this section. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by (A) initialing the nondiscrimination affirmation provision in the body of the contract, (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations, or (C) signing the contract.
(2) No awarding agency shall award a contract to a contractor that has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.
(e) 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; the timing and value of bids; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
(f) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.
(g) The contractor shall include the provisions of subsections (b) and (c) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a public works contract, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. 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 regarding a state contract, 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.
(h) The commission may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(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; P.A. 07-142, S. 9; P.A. 09-158, S. 1; P.A. 11-55, S. 3; 11-129, S. 20; 11-229, S. 3; June Sp. Sess. P.A. 15-5, S. 63; P.A. 17-130, S. 7; P.A. 18-75, S. 2; P.A. 21-76, S. 6; P.A. 22-40, S. 5; P.A. 24-108, S. 1; P.A. 25-139, S. 15; 25-168, S. 199.)
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; P.A. 07-142 amended Subsec. (a) by adding provisions re contractor documentation supporting nondiscrimination agreement and warranty and defining “contract” and “contractor”, effective June 25, 2007; P.A. 09-158 inserted “mental disability” in Subsec. (a)(1), inserted Subsec. designators (b), (c) and (d) in existing Subsec. (a), amended said Subsec. (c) to insert Subdiv. designators (1) and (2), amended Subsec. (c)(1) to establish representations for contracts of less than $50,000 for each year, amended Subsec. (c)(2) requirements for documentation for contracts of $50,000 or more for any year, amended said Subsec. (d) to define “marital status” and “mental disability” and exclude certain contracts from applicability of section, redesignated existing Subsecs. (b) to (e) as Subsecs. (e) to (h), and made technical changes, effective June 30, 2009; P.A. 11-55 amended Subsec. (a)(1) to prohibit discrimination on grounds of gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a)(1); P.A. 11-229 amended Subsec. (c)(1) to substitute “Any contractor who has one or more contracts with the state or a political subdivision of the state that is” for “Prior to entering into a contract”, to add reference to electronic representation and to require an updated representation no later than 30 days after any change, amended Subsec. (c)(2) to substitute “Any contractor who has one or more contracts with the state or a political subdivision of the state that is” for “Prior to entering into a contract” and added Subsec. (c)(3) re submission of representation or documentation; June Sp. Sess. P.A. 15-5 amended Subsecs. (a) and (c) by replacing references to the state or political subdivision of the state with references to awarding agency, amended Subsecs. (a)(2), (a)(3) and (f) to (h) by changing “commission” to “Commission on Human Rights and Opportunities”, amended Subsec. (a)(4) by adding reference to Sec. 46a-86, amended Subsecs. (a) to (d) and (h) by adding references to municipal public works contracts and quasi-public agency project contracts, amended Subsec. (c) by adding references to commission re provision of representation or documentation, amended Subsec. (d) by deleting former Subdiv. (2) re quasi-public agency and redesignating existing Subdivs. (3) to (6) as Subdivs. (2) to (5), and made technical and conforming changes throughout; P.A. 17-130 amended Subsecs. (a) and (c) to add “Except as provided in section 10a-151i”, effective July 1, 2017; P.A. 18-75 amended Subsec. (a)(1) by adding “status as a veteran” and making a technical change, effective July 1, 2018; P.A. 21-76 amended Subsec. (c) by deleting provision re representation requirements for contracts valued less than $50,000 per year, adding provision re nondiscrimination affirmation provision in contract and adding Subparas. (A) and (B) re signatory demonstrating understanding in Subdiv. (1), deleting former Subdiv. (2) re documentation requirements for contracts valued at $50,000 or more, redesignating existing Subdiv. (3) as Subdiv. (2) and amending same by making technical and conforming changes, and deleting provisions re resubmittal and certification after initial submission of representation or documentation, effective July 1, 2021; P.A. 22-40 amended Subsec. (c)(1) by adding Subpara. (C) re signing the contract and making conforming changes, effective July 1, 2022; P.A. 24-108 amended Subsec. (a)(1) by adding “status as a victim of domestic violence”, effective July 1, 2024; P.A. 25-139 amended Subsec. (a)(1) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”; P.A. 25-168 deleted references to municipal public works contracts and quasi-public agency project contracts throughout, moved definitions in deleted Subsecs. (d) and (e) to new Subsec. (a) and added definitions for “public works contract” and “awarding agency” therein, redesignated existing Subsecs. (a) to (c) as Subsecs. (b) to (d) and existing Subsecs. (g) and (h) as Subsecs. (f) and (g), amended Subsec. (b)(1) to add references to sexual orientation, amended Subsec. (d)(1) to add reference to public works contract and make a technical change, amended Subsec. (e) to add reference to timing and value of bids, amended Subsec. (g) to make technical changes and added new Subsec. (h) re adoption of regulations.
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Sec. 4a-60a. Provisions re nondiscrimination on the basis of sexual orientation required in awarding agency, municipal public works and quasi-public agency project contracts. Section 4a-60a is repealed, effective October 1, 2025.
(P.A. 91-58, S. 16; 91-407, S. 8, 42; P.A. 07-142, S. 10; P.A. 09-158, S. 2; P.A. 11-229, S. 4; June Sp. Sess. P.A. 15-5, S. 64; P.A. 17-130, S. 8; P.A. 21-76, S. 7; P.A. 23-204, S. 427; P.A. 25-168, S. 227.)
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Sec. 4a-60g. (Formerly Sec. 32-9e). Spending allocation program for small contractors and minority business enterprises. (a) Definitions. As used in this section and sections 4a-60h to 4a-60j, inclusive, the following terms have the following meanings:
(1) “Small contractor” means (A) any contractor, subcontractor, manufacturer, service company or corporation that (i) maintains its principal place of business in the state, and (ii) is registered as a small business in the federal database maintained by the United States General Services Administration, as required to do business with the federal government, or (B) any nonprofit corporation that (i) maintains its principal place of business in the state, (ii) had gross revenues not exceeding twenty million dollars in the most recently completed fiscal year prior to such application, and (iii) is independent.
(2) “Independent” means the viability of the enterprise of the small contractor does not depend upon another person, as determined by an analysis of the small contractor's relationship with any other person in regards to the provision of personnel, facilities, equipment, other resources and financial support, including bonding.
(3) “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.
(4) “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 who (i) exercise operational authority over the daily affairs of the enterprise, (ii) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (iii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (iv) are members of a minority, as defined in subsection (a) of section 32-9n, or are individuals with a disability, or (B) which is a nonprofit corporation in which fifty-one per cent or more of the persons who exercise operational authority over the enterprise, (i) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, (ii) have the power to direct the management and policies of the enterprise, and (iii) are members of a minority, as defined in this subsection, or are individuals with a disability.
(5) “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.
(6) “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 is 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.
(7) “Person” means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity.
(8) “Individual with a disability” means an individual (A) having a physical or mental impairment that substantially limits one or more of the major life activities of the individual, which mental impairment may include, but is not limited to, having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, or (B) having a record of such an impairment.
(9) “Nonprofit corporation” means a nonstock corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto, which is exempt from taxation under any provision of section 501 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.
(10) “Municipality” means any town, city, borough, consolidated town and city or consolidated town and borough.
(11) “Quasi-public agency” has the same meaning as provided in section 1-120.
(12) “Awarding agency” means a state agency or political subdivision of the state, including a municipality or quasi-public agency.
(13) “Public works contract” has the same meaning as provided in section 46a-68b.
(b) Disparity studies and agency spending allocation goals. (1) (A) It is found and determined, based on the findings of a state-wide disparity study, 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 purchase of goods and services and public works contracts. Accordingly, the necessity of awarding such contracts in compliance with the provisions of this section, sections 4a-60h to 4a-60j, inclusive, and sections 32-9i to 32-9p, inclusive, for advancement of the public benefit and good, is declared as a matter of legislative determination and with regard to the remedial measures set forth in this chapter that are necessary to address the effects of discrimination on the participation of minority business enterprises in state-funded contracting, such measures shall continue until such time as a subsequent state-validated disparity study finds that such measures are no longer necessary to correct the effects of discrimination that were found in the previous disparity study.
(B) Not later than January 1, 2030, and every five years thereafter, the Commission on Human Rights and Opportunities, in collaboration with the Office of Policy and Management, the Department of Administrative Services and office of the Attorney General, shall develop and issue a request for proposals to conduct a disparity study to make determinations, including, but not limited to: (i) Whether a statistically significant level of disparity exists in state-funded contracts between the percentage of minority business enterprises certified pursuant to subsection (j) of this section that are available in each industry category and the percentage of total dollars spent that goes to such minority business enterprises as contractors or subcontractors on such contracts, (ii) if the study finds strong evidence that such a statistically significant disparity does exist, whether factors other than race and gender can be ruled out as the cause of that disparity, (iii) whether such disparity can be adequately remedied with race and gender neutral measures, (iv) if it is determined that such disparity cannot be remedied solely using race and gender neutral measures, what narrowly tailored remedies might address any statistically significant disparities identified, and (v) whether there are any changes needed to provisions of the general statutes, regulations of Connecticut state agencies, policies or procedures to implement narrowly tailored remedies that would address any statistically significant disparities identified or bring the state into conformance with federal law.
(2) (A) Not later than January 1, 2026, the Chief Data Officer or a designee of the Chief Data Officer, in consultation with the Commissioner of Administrative Services and the Commission on Human Rights and Opportunities, shall create a database of available contractors in each industry category. Such database shall indicate (i) which contractors are certified as small contractors and minority business enterprises pursuant to subsection (f) of this section, (ii) the industry and geographic location of each contractor, and (iii) any other information concerning the availability of such contractors. The Chief Data Officer shall post such database on the Internet web site of the Office of Policy and Management and shall update such database, in consultation with the commissioner and commission, not less than annually thereafter.
(B) Prior to July 1, 2026, awarding agencies shall make good faith efforts toward the annual goals established during the prior fiscal year, for purposes of the spending allocation program.
(C) On and after July 1, 2026, (i) state agencies shall establish annual spending allocation goals for goods and services by industry category pursuant to subsection (k) of this section, and (ii) awarding agencies shall establish contract-specific spending allocation goals for public works contracts that reflect and are consistent with the percentage of available businesses in the relevant industry and geographic market area that are identified as small contractors and minority business enterprises in the database established pursuant to subparagraph (A) of this subdivision. Awarding agencies setting spending allocation goals and contractors awarded public works contracts shall make good faith efforts, as defined in section 4a-60, and consistent with state and federal law, to achieve the spending allocation goals established pursuant to this subparagraph.
(3) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after July 1, 2026, each awarding agency awarding a public works contract shall state in its notice of solicitation for competitive bids or request for proposals or qualifications for such contract the agency spending allocation goals relevant to the contract and that the general or trade contractor shall be required to comply with the provisions of this section and the requirements concerning nondiscrimination and affirmative action under section 4a-60. Awarding agencies and contractors shall exclude any contract from the requirements of this subdivision and subdivision (2) of this subsection that may not be subject to spending allocation goals due to a conflict with a federal law or regulation.
(c) Notification of spending allocation goals. The head of each awarding agency shall notify the Commission on Human Rights and Opportunities of its spending allocation goals for public works contracts established pursuant to subparagraph (C) of subdivision (2) of subsection (b) of this section at the time that bid documents for such contracts are made available to potential contractors.
(d) Use of subcontractors. Prior to the award of a public works contract, a contractor shall submit to the awarding agency a signed statement from each subcontractor listed on the bid form stating that such contractor has communicated directly with each subcontractor about the work to be performed on such contract. The awarding agency may require that a contractor or subcontractor awarded a public works contract or a portion of such a contract perform not less than thirty per cent of the work with the workforces of such contractor or subcontractor, except such requirements shall not apply to construction managers, as described in section 46a-68d. 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 counted towards an agency's spending allocation goal under this section if both affiliated persons considered together would not qualify as a small contractor or a minority business enterprise under subsection (a) of this section.
(e) Contractor and subcontractor documentation requirements. The awarding agency may require that a contractor or subcontractor awarded a public works contract or a portion of such 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; (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 to be counted towards an agency's spending allocation goals under this section; (4) evidence that the principal place of business of the contractor or subcontractor is located in the state; and (5) for any contractor or subcontractor certified under subsection (j) of this section on or after October 1, 2021, evidence of registration as a small business in the federal database maintained by the United States General Services Administration, as required to do business with the federal government.
(f) Audits. The Commission on Human Rights and Opportunities may conduct an audit of the financial, corporate and business records and conduct an investigation of any contractor that is awarded a public works contract for the purpose of determining compliance with the requirements established under this section and section 4a-60. The commission shall publish the results of any such audit on the commission's Internet web site.
(g) Exemption. The provisions of this section shall not apply to any awarding agency for which the total value of all contracts is anticipated to be equal to ten thousand dollars or less, or any public works contract of a municipality or a quasi-public agency for which the total value of the contract is anticipated to be equal to fifty thousand dollars or less.
(h) Letter of credit. In lieu of a performance, bid, labor and materials or other required bond, a small contractor or minority business enterprise awarded a public works contract under this section may provide to the awarding agency, and the awarding agency 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.
(i) Violations. (1) Whenever the awarding agency has reason to believe that any contractor or subcontractor awarded a state contract has wilfully violated any provision of this section or section 4a-60, the awarding agency shall send a notice to such contractor or subcontractor. 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. The awarding agency shall send a copy of such notice to the Commission on Human Rights and Opportunities.
(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 or section 4a-60, the awarding agency shall suspend all 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.
(j) Certification of eligible small contractors and minority business enterprises. (1) The Commissioner of Administrative Services shall establish a process for certification of small contractors and minority business enterprises as eligible for contracts under the spending allocation program in accordance with the requirements of this section and available for state contracts. Each certification shall be valid for a period not to exceed two years, unless the Commissioner of Administrative Services determines that an extension of such certification is warranted, provided any such extension shall not exceed a period of six months from such certification's original expiration date. Any certification issued prior to October 1, 2021, shall remain valid for the term listed on such certification unless revoked pursuant to subdivision (2) of this subsection. The Department of Administrative Services shall maintain on its Internet web site an updated directory of small contractors and minority business enterprises certified under this section.
(2) The Commissioner of Administrative Services may deny an application for the initial issuance or renewal of such certification after issuing a written decision to the applicant setting forth the basis for such denial. The commissioner may revoke such certification for cause after notice and an opportunity for a hearing in accordance with the provisions of chapter 54. Any person aggrieved by the commissioner's decision to deny the issuance or renewal of or to revoke such certification may appeal such decision to the Superior Court, in accordance with the provisions of section 4-183.
(3) Whenever the Commissioner of Administrative Services has reason to believe that a small contractor or minority business enterprise who has applied for or received certification under this section has included a materially false statement in his or her application, the commissioner may impose a penalty not exceeding ten thousand dollars after notice and a hearing held in accordance with chapter 54. Such notice shall include (A) a reference to the statement or statements contained in the application alleged to be false, (B) the maximum civil penalty that may be imposed for such misrepresentation, and (C) the time and place of the hearing. Such hearing shall be fixed for a date not later than fourteen days from the date such notice is sent. The commissioner shall send a copy of such notice to the Commission on Human Rights and Opportunities.
(4) The commissioner shall hold a hearing prior to such revocation or denial or the imposition of a penalty, unless such contractor or subcontractor fails to appear. If, after the hearing, the commissioner finds that the contractor or subcontractor has wilfully included a materially false statement in his or her application for certification under this subsection, the commissioner shall revoke or deny the certification and may order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the commissioner may, as the facts require, revoke or deny the certification and order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. The commissioner shall send a copy of any order issued pursuant to this subsection to the contractor or subcontractor named in such order. The commissioner may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
(k) Preliminary and final report of agency spending allocation goals. On or before June thirtieth of each year, the Commissioner of Administrative Services shall provide each state agency establishing annual spending allocation goals for goods and services under subdivision (2) of subsection (b) of this section a preliminary report establishing small contractor and minority business enterprise goals by industry based on the database established pursuant to subdivision (2) of subsection (b) of this section for the twelve-month period beginning July first in the same year. On or before September thirtieth of each year, each such state agency shall submit a final version of such report 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.
(l) Reports on agency goal achievement. On or before November first of each year and on a quarterly basis thereafter, each state agency setting annual and contract-specific spending allocation goals under subdivision (2) of subsection (b) of this section shall prepare a status report on the progress made towards achieving its small contractor and minority business enterprise 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. Any state agency that achieves less than fifty per cent of its small contractor and minority business enterprise goals by the end of the second reporting period in any twelve-month period beginning on July first shall provide a written explanation to the Commissioner of Administrative Services and the Commission on Human Rights and Opportunities reporting the good faith efforts it will employ towards achieving its goals in the final reporting period. The Commission on Human Rights and Opportunities shall: (1) Monitor the achievement of the annual and contract-specific goals established by each state agency; 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. Failure by any awarding agency to submit any reports required by this section shall be a violation of section 46a-77.
(m) Exemption for janitorial or service contracts. Nothing in this section shall be construed to apply to the janitorial or service contracts awarded pursuant to subsections (b) to (d), inclusive, of section 4a-82.
(n) Regulations. The Commissioner of Administrative Services may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(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; P.A. 06-129, S. 7; June Sp. Sess. P.A. 07-4, S. 65, 66; P.A. 09-158, S. 3; P.A. 11-229, S. 7; P.A. 13-227, S. 3; 13-234, S. 10; 13-304, S. 1; P.A. 14-188, S. 11; 14-227, S. 5; P.A. 15-73, S. 1; June Sp. Sess. P.A. 15-5, S. 58–61, 88; P.A. 17-243, S. 5; P.A. 19-117, S. 348; P.A. 21-76, S. 8–11; P.A. 23-204, S. 68; P.A. 25-168, S. 200.)
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 15% and to clarify method of calculation and amended Subsec. (c) to change contract value limit from $250,000 to $500,000 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 25% 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 15% of the work with his own forces and requiring at least 25% 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 adding subparagraph lettering, substituting $3,000,000 for $1,500,000 and adding requirement that at least 51% ownership be held by persons active in the affairs of the business in the definition of “small contractor” and 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, amended Subsec. (e) by substituting $1,500,000 for $750,000, amended Subsec. (f) by making mandatory the requirement that party awarded contract perform not less than 15% 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 25% of average of total value of all contracts, deleting prior minimum of 15% 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 $3,000,000 to $10,000,000, amended Subsec. (e) by increasing the maximum contract award from $1,500,000 to $10,000,000, 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 Subsec. (a)(1) and (3) to revise the definition of “small contractor” and “minority business enterprise” to include a business where at least 51% 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 monitor the achievement of the annual goals established by each state agency and political subdivision of the state other than municipalities and 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; P.A. 06-129 added Subsec. (p) re janitorial contracts awarded pursuant to Sec. 4a-82(b) to (e), inclusive; June Sp. Sess. P.A. 07-4 redefined “small contractor” in Subsec. (a)(1) and “individual with a disability” in Subsec. (a)(7), amended Subsec. (b) to eliminate provision re ability of agency head to 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, deleted former Subsec. (e) re limitation on total amount of contract recommended or awarded, redesignated existing Subsecs. (f) to (p) as Subsecs. (e) to (o), amended Subsec. (e) to require written explanation of any subcontract entered into with a person not eligible for award of a contract under section, amended Subsec. (j) re duties of awarding authority, amended Subsec. (k) to replace provisions re printed directory and quarterly update with provision re updated directory maintained on web site, amended Subsec. (l) to replace “September 30, 1995,” with “August 30, 2007,” amended Subsec. (m) to require written explanation of how an agency will achieve its goals in the final reporting period if not reached by the end of the second reporting period and made technical changes, effective July 1, 2007, and further redefined “small contractor” in Subsec. (a)(1) to increase gross revenues under Subpara. (B) from $10,000,000 to $15,000,000, effective January 1, 2008; P.A. 09-158 redefined “individual with a disability” in Subsec. (a)(7), effective June 30, 2009; P.A. 11-229 amended Subsec. (a)(1) to redefine “small contractor”, deleted former Subsec. (n) re precertification list and redesignated existing Subsec. (o) as Subsec. (n); P.A. 13-227 amended Subsec. (n) to delete “four” re janitorial contracts and replace reference to Sec. 4a-82(e) with reference to Sec. 4a-82(d); P.A. 13-234 amended Subsec. (b) to replace reference to Commissioner of Economic and Community Development with reference to Commissioner of Housing, effective July 1, 2013; P.A. 13-304 amended Subsec. (a) to redefine “small contractor” in Subdiv. (1), to add new Subdiv. (2) defining “independent”, to redesignate existing Subdivs. (2) to (8) as Subdivs. (3) to (9) and to redefine “minority business enterprise” in redesignated Subdiv. (4), amended Subsec. (e) to increase requirements for contract performance from 15 per cent to 30 per cent and from 25 per cent to 50 per cent, amended Subsec. (k) to designate existing provisions re process for certification as Subdiv. (1) and to add Subdivs. (2), (3) and (4) re revocation of certification, penalty for materially false statement, and hearing prior to revocation and denial or imposition of penalty, respectively, and added Subsec. (o) re regulations for implementation (Revisor's note: In Subsec. (k)(3), a reference to “Commission on Human Rights” was changed editorially by the Revisors to “Commission on Human Rights and Opportunities” for accuracy); P.A. 14-188 amended Subsec. (n) to add reference to service contracts; P.A. 14-227 amended Subsec. (k)(2) to add provisions allowing commissioner, in addition to revoking certification, to deny an application for initial issuance or renewal of certification; P.A. 15-73 amended Subsec. (k)(1) to permit commissioner to extend certification for not more than 6 months from expiration date, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding Subdivs. (10) to (15) defining “municipality”, “quasi-public agency”, “awarding agency”, “public works contract”, “municipal public works contract” and “quasi-public agency project”, amended Subsec. (b) by designating existing provisions re legislative determination as new Subdiv. (1) and amending same by replacing reference to construction, reconstruction or rehabilitation of public buildings and the construction and maintenance of highways with reference to public works contracts, municipal public works contracts and contracts for quasi-public agency projects, deleting reference to public interest, adding reference to advancement of public benefit and good, designating existing provisions re set asides as new Subdiv. (2) and amending same by deleting provisions re eligibility of nonprofit corporations and contract that may not be set aside, deleting former Subdiv. designators (1) and (2), adding Subdiv. (3) re municipal public works contracts, adding Subdiv. (4) re quasi-public agency project contracts, adding Subdiv. (5) re eligibility of nonprofit corporations, and adding Subdiv. (6) re calculation of percentage of contracts to be set aside, amended Subsecs. (c), (h), (l) and (m) by changing “state agency” to “awarding agency” and deleting references to political subdivision of the state other than a municipality, amended Subsec. (d) by replacing reference to heads of state agencies and political subdivision of the state other than a municipality with heads of awarding agencies and changing reference from Subsec. (b) to Subsec. (b)(2), amended Subsec. (h) by designating existing provision as Subdiv. (1), adding Subdiv. (2) re municipal public works and quasi-public agency project contracts and changing reference from Subsec. (b) to Subsec. (b)(2), amended Subsec. (j) by changing “awarding authority” to “awarding agency”, and, in Subdiv. (1), adding “state” re “set-aside”, amended Subsec. (l) by replacing “August 30, 2007, and annually thereafter” with “August first of each year”, adding reference to Subsec. (b)(2), adding “state” re “set-aside” and deleting “and elections.”, amended Subsec. (m) by replacing “November 1, 1995, and” with “November first of each year and on a”, adding reference to Subsec. (b)(2), adding “state” re “set-aside” and deleting “and elections.”, and made technical changes, effective October 1, 2015, and amended Subsec. (a)(11) by redefining “quasi-public agency”, effective January 1, 2016; P.A. 17-243 amended Subsec. (l) to replace “August first” with “August thirtieth”, effective July 11, 2017; P.A. 19-117 amended Subsec. (a)(1) by redefining “small contractor”; P.A. 21-76 amended Subsec. (a) by redefining “small contractor” in Subdiv. (1) and redefining “nonprofit corporation” in Subdiv. (9), effective October 1, 2021, and applicable to certifications issued or renewed on or after said date, amended Subsec. (f) by adding Subdiv. (4) re being located in the state and Subdiv. (5) re registration in federal database and amended Subsec. (k)(1) by deleting maximum length of 6 pages for paper applications for certifications and adding provision re term of validity of certifications issued prior to October 1, 2021; P.A. 23-204 amended Subsec. (l) by changing “August thirtieth” to “June thirtieth”, changing requirement for awarding agency annual report re goals to requiring the commissioner to prepare a preliminary report re such goals and requiring awarding agency to prepare final version of report by September thirtieth annually and making conforming changes, effective July 1, 2024; P.A. 25-168 substantially revised section, including by replacing references to set-aside program with references to spending allocation program, requiring annual and contract-specific allocation goals and deleting references to municipal public works contracts and quasi-public agency projects throughout, deleting former Subsec. (c) re setting aside contracts for subcontractors and redesignating existing Subsecs. (e) to (o) as Subsecs. (d) to (n).
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Sec. 4a-60h. (Formerly Sec. 32-9f). Administration of state spending allocation program. Training. Regulations. (a) The Commissioner of Administrative Services shall conduct regular training sessions, as often as the commissioner deems necessary, for state agencies to explain the state spending allocation program and to specify the factors that shall be addressed in calculating awarding agency goals under the program. The commissioner shall conduct informational workshops to inform businesses of related opportunities and responsibilities.
(b) The Commission on Human Rights and Opportunities shall be responsible for the administration of the spending allocation program for public works contracts. The commission shall conduct regular training sessions, as often as the commission deems necessary, for contractors to explain the spending allocation program.
(c) The Commissioner of Administrative Services 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 spending allocation program to individuals with a disability; (2) guidelines for a legally acceptable format for, and content of, letters of credit authorized under subsection (h) 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.
(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; June Sp. Sess. P.A. 15-5, S. 62; P.A. 25-168, S. 201.)
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 provision 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; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding reference to public works contracts and state contracts for goods and services, making a technical change, changing “agency” to “awarding agency” and adding “state” re references to set-aside program, added new Subsec. (b) re administration of the set-aside program for municipal public works contracts and quasi-public agency project contracts, added new Subsec. (c) re contracts that are both a public works contract and quasi-public agency project contract, redesignated existing Subsecs. (b) and (c) as Subsecs. (d) and (e), amended redesignated Subsec. (d) by making a technical change and adding reference to state set-aside program and amended redesignated Subsec. (e) by adding “state” re “contracts” and “set-aside program”; P.A. 25-168 substantially revised section, including by replacing references to state set-aside program with state spending allocation program, deleting references to municipal public works contracts and contracts for quasi-public agency projects, deleting former Subsecs. (c) and (e) and redesignating existing Subsec. (d) as Subsec. (c).
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Sec. 4a-67i. Municipal environmentally sustainable purchasing model policy or guidelines. The Commissioner of Administrative Services, in consultation with the Secretary of the Office of Policy and Management, shall develop a model policy or guidelines for environmentally sustainable purchasing that municipalities may voluntarily utilize and implement. Such policy or guidelines shall include, but need not be limited to, a list of any state contracts for sustainable purchasing that allow for municipal participation. The Commissioner of Administrative Services shall post such policy or guidelines on the Internet web site of the Department of Administrative Services not later than January 1, 2026.
(P.A. 25-125, S. 10.)
History: P.A. 25-125 effective July 1, 2025.
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