Connecticut 2013 Regular Session

Connecticut House Bill HB06579 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6579
2	2	January Session, 2013 LCO No. 3868
3	3	03868_______GAE
4	4	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
5	5	Introduced by:
6	6	(GAE)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6579
11	11
12	12	January Session, 2013
13	13
14	14	LCO No. 3868
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16	16	03868_______GAE
17	17
18	18	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
19	19
20	20	Introduced by:
21	21
22	22	(GAE)
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24	24	AN ACT CONCERNING THE PREQUALIFICATION OF SUBCONTRACTORS, REMOVING THE MUNICIPAL EXEMPTION FROM THE SET-ASIDE PROGRAM AND THE PERCENTAGE OF CONTRACTS RESERVED FOR MINORITY BUSINESS ENTERPRISES.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Subsection (b) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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30	30	(b) (1) Any person may apply for prequalification to the Department of Administrative Services. Such application shall be made on such form as the Commissioner of Administrative Services prescribes and shall be accompanied by a nonrefundable application fee as set forth in [subdivision] subdivisions (2) and (3) of this subsection. The application shall be signed under penalty of false statement.
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32	32	(2) The application fee for contractors shall be as follows:
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36	36	T1 Aggregate Work Capacity Rating Fee
37	37	T2 $5,000,000.00 or less $600.00
38	38	T3 $5,000,000.01 - $8,000,000.00 $750.00
39	39	T4 $8,000,000.01 - $10,000,000.00 $850.00
40	40	T5 $10,000,000.01 - $15,000,000.00 $1,000.00
41	41	T6 $15,000,000.01 - $20,000,000.00 $1,500.00
42	42	T7 $20,000,000.01 - $40,000,000.00 $2,000.00
43	43	T8 $40,000,000.01 or more $2,500.00
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45	45	T1
46	46
47	47	Aggregate Work Capacity Rating
48	48
49	49	Fee
50	50
51	51	T2
52	52
53	53	$5,000,000.00 or less
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55	55	$600.00
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57	57	T3
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59	59	$5,000,000.01 - $8,000,000.00
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61	61	$750.00
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63	63	T4
64	64
65	65	$8,000,000.01 - $10,000,000.00
66	66
67	67	$850.00
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69	69	T5
70	70
71	71	$10,000,000.01 - $15,000,000.00
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73	73	$1,000.00
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75	75	T6
76	76
77	77	$15,000,000.01 - $20,000,000.00
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79	79	$1,500.00
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81	81	T7
82	82
83	83	$20,000,000.01 - $40,000,000.00
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85	85	$2,000.00
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87	87	T8
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89	89	$40,000,000.01 or more
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91	91	$2,500.00
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93	93	(3) The application fee for subcontractors shall be as follows:
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97	97	T9 Aggregate Work Capacity Rating Fee
98	98	T10 $5,000,000.00 or less $600.00
99	99	T11 $5,000,000.01 - $8,000,000.00 $750.00
100	100	T12 $8,000,000.01 - $10,000,000.00 $850.00
101	101	T13 $10,000,000.01 - $15,000,000.00 $1,000.00
102	102	T14 $15,000,000.01 or more $1,500.00
103	103
104	104	T9
105	105
106	106	Aggregate Work Capacity Rating
107	107
108	108	Fee
109	109
110	110	T10
111	111
112	112	$5,000,000.00 or less
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114	114	$600.00
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116	116	T11
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118	118	$5,000,000.01 - $8,000,000.00
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120	120	$750.00
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122	122	T12
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124	124	$8,000,000.01 - $10,000,000.00
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126	126	$850.00
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128	128	T13
129	129
130	130	$10,000,000.01 - $15,000,000.00
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132	132	$1,000.00
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134	134	T14
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136	136	$15,000,000.01 or more
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138	138	$1,500.00
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140	140	Sec. 2. Subsection (d) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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142	142	(d) Each applicant who is a contractor shall also include a statement of financial condition prepared by a certified public accountant that includes information concerning the applicant's assets and liabilities, except if the applicant has been accepted into the bonding program of a certified community development financial institution, the applicant need only provide the financial documents required by such institution for the applicant to qualify for such program. Each applicant who is a contractor shall provide a bonding company letter stating the aggregate work capacity and single project limit bonding capacity of the applicant, and other information as the commissioner deems relevant to an evaluation of the applicant's financial capacity and responsibility. For purposes of this subsection, "certified community development financial institution" means a community development bank, credit union or loan or venture capital fund that provides financial products and services in economically distressed markets and that is certified by the Certified Development Financial Institution Fund of the United States Department of the Treasury.
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144	144	Sec. 3. Subsections (a) to (d), inclusive, of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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146	146	(a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the following terms have the following meanings:
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148	148	(1) "Small contractor" means any contractor, subcontractor, manufacturer, service company or nonprofit corporation (A) that maintains its principal place of business in the state, and (B) that had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year prior to such application. "Small contractor" does not include any person who is affiliated with another person if both persons considered together have a gross revenue exceeding fifteen million dollars.
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150	150	(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.
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152	152	(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] or who are women, (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,] are women or are individuals with a disability.
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154	154	(4) "Minority" means (A) Black Americans, including all persons having origins in any of the Black African racial groups not of Hispanic origin; (B) Hispanic Americans, including all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; (C) all persons having origins in the Iberian Peninsula, including Portugal, regardless of race; (D) Asian Pacific Americans and Pacific islanders; or (E) American Indians and persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.
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156	156	[(4)] (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.
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158	158	[(5)] (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 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.
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160	160	[(6)] (7) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity.
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162	162	[(7)] (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.
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164	164	[(8)] (9) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto.
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166	166	(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. 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, provided not less than fifty per cent of the contracts or portions thereof so reserved shall be reserved for awards to minority business enterprises that are members of a minority.
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168	168	(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.
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170	170	(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.
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172	172	Sec. 4. Subsection (h) of section 4a-60g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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174	174	(h) 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.
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176	176	Sec. 5. Subsections (l) and (m) of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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178	178	(l) On or before August 30, 2007, 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.
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180	180	(m) 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. Any state agency or political subdivision of the state [, other than a municipality,] that achieves less than fifty per cent of its small contractor and minority business enterprise set-aside program 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 detailing how the agency or political subdivision will achieve its goals in the final reporting period. 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.
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185	185	This act shall take effect as follows and shall amend the following sections:
186	186	Section 1 October 1, 2013 4a-100(b)
187	187	Sec. 2 October 1, 2013 4a-100(d)
188	188	Sec. 3 October 1, 2013 4a-60g(a) to (d)
189	189	Sec. 4 October 1, 2013 4a-60g(h)
190	190	Sec. 5 October 1, 2013 4a-60g(l) and (m)
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192	192	This act shall take effect as follows and shall amend the following sections:
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194	194	Section 1
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196	196	October 1, 2013
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198	198	4a-100(b)
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200	200	Sec. 2
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202	202	October 1, 2013
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204	204	4a-100(d)
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206	206	Sec. 3
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208	208	October 1, 2013
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210	210	4a-60g(a) to (d)
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212	212	Sec. 4
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214	214	October 1, 2013
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216	216	4a-60g(h)
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218	218	Sec. 5
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220	220	October 1, 2013
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222	222	4a-60g(l) and (m)
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224	224	Statement of Purpose:
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226	226	To modify the application fee range for subcontractors applying for prequalification, to exempt subcontractors from the requirement to submit a statement of financial condition and bonding company letter for prequalification, to remove the municipal exemption from the set-aside program requirements and to modify the percentage of contracts reserved for minority business enterprises by distinguishing women from minorities.
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228	228	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]