Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07385 Introduced / Bill

Filed 03/19/2019

                        
 
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General Assembly  Raised Bill No. 7385  
January Session, 2019  
LCO No. 6372 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
 
AN ACT CONCERNING TH E DEPARTMENT OF ADMINISTRATIVE 
SERVICES AND CHANGES TO AFFIRMATION, AFFIDAVIT AND 
CERTIFICATION REQUIREMENTS FOR LARGE STA TE CONTRACTS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 1-101qq of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2019): 2 
(a) Except as provided in section 10a-151h, a state agency or 3 
institution or quasi-public agency that is seeking a contractor for a 4 
large state construction or procurement contract shall provide the 5 
summary of state ethics laws developed by the Office of State Ethics 6 
pursuant to section 1-81b to any person seeking a large state 7 
construction or procurement contract. [Such person shall affirm to the 8 
agency or institution, in writing or electronically, (1) receipt of such 9 
summary, and (2) that key employees of such person have read and 10 
understand the summary and agree to comply with the provisions of 11 
state ethics law. After the initial submission of such affirmation, such 12 
person shall not be required to resubmit such affirmation unless there 13  Raised Bill No.  7385 
 
 
 
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is a change in the information contained in the affirmation. If there is 14 
any change in the information contained in the most recently filed 15 
affirmation, such person shall submit an updated affirmation either 16 
(A) not later than thirty days after the effective date of any such 17 
change, or (B) upon the submittal of any new bid or proposal, 18 
whichever is earlier.] No state agency or institution or quasi-public 19 
agency shall [accept a bid or proposal for] enter into a large state 20 
construction or procurement contract [without such affirmation] 21 
unless such contract contains a representation that the chief executive 22 
officer or authorized signatory of the contract and all key employees of 23 
such officer or signatory have read and understood the summary and 24 
agree to comply with the provisions of state ethics law. 25 
(b) Except as provided in section 10a-151h, prior to entering into a 26 
contract with any subcontractors or consultants, each large state 27 
construction or procurement contractor shall [(1)] provide the 28 
summary of state ethics laws described in subsection (a) of this section 29 
to all subcontractors and consultants. [, and (2) obtain an affirmation 30 
from each subcontractor and consultant that such subcontractor and 31 
consultant has received such summary and key employees of such 32 
subcontractor and consultant have read and understand the summary 33 
and agree to comply with its provisions. The contractor shall provide 34 
such affirmations to the state agency, institution or quasi-public 35 
agency not later than fifteen days after the request of such agency, 36 
institution or quasi-public agency for such affirmation.] Each contract 37 
with a subcontractor or consultant shall include a representation that 38 
each subcontractor or consultant and the key employees of such 39 
subcontractor or consultant have read and understood the summary 40 
and agree to comply with the provisions of state ethics law. Failure to 41 
[submit such affirmations in a timely manner ] include such 42 
representations in such contracts with subcontractors or consultants 43 
shall be cause for termination of the large state construction or 44 
procurement contract. 45 
(c) Each contract with a contractor, subcontractor or consultant 46 
described in subsection (a) or (b) of this section shall incorporate such 47  Raised Bill No.  7385 
 
 
 
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summary by reference as a part of the contract terms.  48 
Sec. 2. Section 4-252 of the general statutes is repealed and the 49 
following is substituted in lieu thereof (Effective July 1, 2019): 50 
(a) Except as provided in section 10a-151f, on and after July 1, [2006] 51 
2019, no state agency or quasi-public agency shall execute a large state 52 
contract unless [the state agency or quasi-public agency obtains the 53 
written or electronic certification] such contract contains the 54 
representations described in this section. [Each such certification shall 55 
be sworn as true to the best knowledge and belief of the person signing 56 
the certification, subject to the penalties of false statement. If there is 57 
any change in the information contained in the most recently filed 58 
certification, such person shall submit an updated certification either 59 
(1) not later than thirty days after the effective date of any such change, 60 
or (2) upon the submittal of any new bid or proposal for a large state 61 
contract, whichever is earlier. Such person shall also submit to the state 62 
agency or quasi-public agency an accurate, updated certification not 63 
later than fourteen days after the twelve-month anniversary of the 64 
most recently filed certification or updated certification.] 65 
(b) The official or employee of such state agency or quasi-public 66 
agency who is authorized to execute state contracts shall [certify] 67 
represent that the selection of the most qualified or highest ranked 68 
person, firm or corporation was not the result of collusion, the giving 69 
of a gift or the promise of a gift, compensation, fraud or inappropriate 70 
influence from any person. 71 
(c) Any principal or key personnel of the person, firm or corporation 72 
submitting a bid or proposal for a large state contract shall [certify] 73 
represent: 74 
(1) That no gifts were made by (A) such person, firm, corporation, 75 
(B) any principals and key personnel of the person, firm or 76 
corporation, who participate substantially in preparing bids, proposals 77 
or negotiating state contracts, or (C) any agent of such person, firm, 78 
corporation or principals and key personnel, who participates 79  Raised Bill No.  7385 
 
 
 
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substantially in preparing bids, proposals or negotiating state 80 
contracts, to (i) any public official or state employee of the state agency 81 
or quasi-public agency soliciting bids or proposals for state contracts, 82 
who participates substantially in the preparation of bid solicitations or 83 
requests for proposals for state contracts or the negotiation or award of 84 
state contracts, or (ii) any public official or state employee of any other 85 
state agency, who has supervisory or appointing authority over such 86 
state agency or quasi-public agency; 87 
(2) That no such principals and key personnel of the person, firm or 88 
corporation, or agent of such person, firm or corporation or principals 89 
and key personnel, knows of any action by the person, firm or 90 
corporation to circumvent such prohibition on gifts by providing for 91 
any other principals and key personnel, official, employee or agent of 92 
the person, firm or corporation to provide a gift to any such public 93 
official or state employee; and 94 
(3) That the person, firm or corporation is submitting bids or 95 
proposals without fraud or collusion with any person. 96 
(d) Any bidder or proposer that does not [make the certification] 97 
agree to the representations required under this section shall be 98 
[disqualified] rejected and the state agency or quasi-public agency 99 
shall award the contract to the next highest ranked proposer or the 100 
next lowest responsible qualified bidder or seek new bids or proposals. 101 
(e) Each state agency and quasi-public agency shall include in the 102 
bid specifications or request for proposals for a large state contract a 103 
notice of the [certification] representation requirements of this section.  104 
Sec. 3. Section 4-252a of the general statutes is repealed and the 105 
following is substituted in lieu thereof (Effective July 1, 2019): 106 
(a) For purposes of this section, "state agency" and "quasi-public 107 
agency" have the same meanings as provided in section 1-79, "large 108 
state contract" has the same meaning as provided in section 4-250 and 109 
"entity" means any corporation, general partnership, limited 110  Raised Bill No.  7385 
 
 
 
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partnership, limited liability partnership, joint venture, nonprofit 111 
organization or other business organization whose principal place of 112 
business is located outside of the United States, but excludes any 113 
United States subsidiary of a foreign corporation. 114 
(b) No state agency or quasi-public agency shall enter into any large 115 
state contract, or amend or renew any such contract with any entity 116 
[who (1) has failed to submit a written certification indicating whether 117 
or not such entity has] unless such contract contains the representation 118 
that such entity has not made a direct investment of twenty million 119 
dollars or more in the energy sector of Iran on or after October 1, 2013, 120 
as described in Section 202 of the Comprehensive Iran Sanctions, 121 
Accountability and Divestment Act of 2010, [or has] and has not 122 
increased or renewed such investment on or after said date. [, or (2) 123 
has submitted a written certification indicating that such entity has 124 
made such an investment on or after October 1, 2013, or has increased 125 
or renewed such an investment on or after said date. Each such 126 
certification shall be sworn as true to the best knowledge and belief of 127 
the entity signing the certification, subject to the penalties of false 128 
statement.]  129 
(c) Each state agency and quasi-public agency shall include in the 130 
bid specifications or request for proposals for a large state contract a 131 
notice of the [certification] representation requirements of this section. 132 
[Prior to submitting a bid or proposal for a large state contract, each 133 
bidder or proposer who is an entity shall submit a certification that 134 
such bidder or proposer has or has not made an investment as 135 
described in subsection (b) of this section.] 136 
(d) Any entity who makes a good faith effort to determine whether 137 
such entity has made an investment described in subsection (b) of this 138 
section shall not be subject to the penalties of false statement pursuant 139 
to this section. A "good faith effort" for purposes of this subsection 140 
includes a determination that such entity is not on the list of persons 141 
who engage in certain investment activities in Iran created by the 142 
Department of General Services of the state of California pursuant to 143  Raised Bill No.  7385 
 
 
 
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Division 2, Chapter 2.7 of the California Public Contract Code. Nothing 144 
in this subsection shall be construed to impair the ability of the state 145 
agency or quasi-public agency to pursue a breach of contract action for 146 
any violation of the provisions of the contract. 147 
(e) The provisions of this section shall not apply to any contract of 148 
the Treasurer as trustee of the Connecticut retirement plans and trust 149 
funds, as defined in section 3-13c, provided nothing in this subsection 150 
shall be construed to prevent the Treasurer from performing his or her 151 
fiduciary duties under section 3-13g.  152 
Sec. 4. Section 4a-81 of the general statutes is repealed and the 153 
following is substituted in lieu thereof (Effective July 1, 2019): 154 
(a) Except as provided in section 10a-151f, no state agency or quasi-155 
public agency shall execute a contract for the purchase of goods or 156 
services, which contract has a total value to the state of fifty thousand 157 
dollars or more in any calendar or fiscal year, unless [the state agency 158 
or quasi-public agency obtains the affidavit] such contract contains the 159 
representations described in subsection (b) of this section. 160 
(b) (1) [Any principal or key personnel of a person, firm or 161 
corporation who submit bids or proposals for a] Each contract 162 
described in subsection (a) of this section shall [attest in an affidavit as 163 
to] include a representation whether any consulting agreement has 164 
been entered into in connection with any such contract. Such [affidavit] 165 
representation shall be required if any duties of the consultant 166 
included communications concerning business of a state or quasi-167 
public agency, whether or not direct contact with a state agency, state 168 
or public official or state employee was expected or made. As used in 169 
this section, "consulting agreement" means any written or oral 170 
agreement to retain the services, for a fee, of a consultant for the 171 
purposes of (A) providing counsel to a contractor, vendor, consultant 172 
or other entity seeking to conduct, or conducting, business with the 173 
state, (B) contacting, whether in writing or orally, any executive, 174 
judicial, or administrative office of the state, including any department, 175  Raised Bill No.  7385 
 
 
 
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institution, bureau, board, commission, authority, official or employee 176 
for the purpose of solicitation, dispute resolution, introduction, 177 
requests for information, or (C) any other similar activity related to 178 
such contracts. "Consulting agreement" does not include any 179 
agreements entered into with a consultant who is registered under the 180 
provisions of chapter 10 as of the date such [affidavit is submitted] 181 
contract is executed in accordance with the provisions of this section. 182 
(2) Such [affidavit] representation shall be sworn as true to the best 183 
knowledge and belief of the person signing the [certification on the 184 
affidavit] contract and shall be subject to the penalties of false 185 
statement. 186 
(3) Such [affidavit] representation shall include the following 187 
information for each consulting agreement listed: The name of the 188 
consultant, the consultant's firm, the basic terms of the consulting 189 
agreement, a brief description of the services provided, and an 190 
indication as to whether the consultant is a former state employee or 191 
public official. If the consultant is a former state employee or public 192 
official, such [affidavit] representation shall indicate his or her former 193 
agency and the date such employment terminated. 194 
[(4) After the initial submission of such affidavit, the principal or 195 
key personnel of the person, firm or corporation shall not be required 196 
to resubmit such affidavit unless there is a change in the information 197 
contained in such affidavit. If there is any change in the information 198 
contained in the most recently filed affidavit required under this 199 
section, the principal or key personnel of a person, firm or corporation 200 
who submit bids or proposals for a contract described in subsection (a) 201 
of this section shall submit an updated affidavit either (A) not later 202 
than thirty days after the effective date of any such change, or (B) upon 203 
the submittal of any new bid or proposal, whichever is earlier.] 204 
(c) Each state agency and quasi-public agency shall include a notice 205 
of the [affidavit] representation requirements of this section in the bid 206 
specifications or request for proposals for any contract that is described 207  Raised Bill No.  7385 
 
 
 
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in subsection (a) of this section. 208 
(d) If a bidder or vendor refuses to [submit the affidavit] agree to 209 
the representation required under subsection (b) of this section, such 210 
bidder or vendor shall be [disqualified] rejected and the state agency 211 
or quasi-public agency shall award the contract to the next highest 212 
ranked vendor or the next lowest responsible qualified bidder or seek 213 
new bids or proposals.  214 
Sec. 5. Subparagraph (E) of subdivision (2) of subsection (f) of 215 
section 9-612 of the general statutes is repealed and the following is 216 
substituted in lieu thereof (Effective July 1, 2019): 217 
(E) The State Elections Enforcement Commission shall make 218 
available to each state agency and quasi-public agency a written notice 219 
advising state contractors and prospective state contractors of the 220 
contribution and solicitation prohibitions contained in subparagraphs 221 
(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 222 
contractor and prospective state contractor to inform each individual 223 
described in subparagraph (F) of subdivision (1) of this subsection, 224 
with regard to such state contractor or prospective state contractor, 225 
about the provisions of subparagraph (A) or (B) of this subdivision, 226 
whichever is applicable, and this subparagraph; (ii) inform each state 227 
contractor and prospective state contractor of the civil and criminal 228 
penalties that could be imposed for violations of such prohibitions if 229 
any such contribution is made or solicited; (iii) inform each state 230 
contractor and prospective state contractor that, in the case of a state 231 
contractor, if any such contribution is made or solicited, the contract 232 
may be voided; (iv) inform each state contractor and prospective state 233 
contractor that, in the case of a prospective state contractor, if any such 234 
contribution is made or solicited, the contract described in the state 235 
contract solicitation shall not be awarded, unless the commission 236 
determines that mitigating circumstances exist concerning such 237 
violation; and (v) inform each state contractor and prospective state 238 
contractor that the state will not award any other state contract to 239 
anyone found in violation of such prohibitions for a period of one year 240  Raised Bill No.  7385 
 
 
 
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after the election for which such contribution is made or solicited, 241 
unless the commission determines that mitigating circumstances exist 242 
concerning such violation. Each state agency and quasi-public agency 243 
shall [distribute such notice to the chief executive officer of its 244 
contractors and prospective state contractors, or an authorized 245 
signatory to a state contract, and shall obtain a written 246 
acknowledgment of the receipt of such notice] include in the bid 247 
specifications or request for proposals for a large state contract a copy 248 
of or Internet link to such notice. No state agency or quasi-public 249 
agency shall execute a state contract unless such contract contains a 250 
representation that the chief executive officer or authorized signatory 251 
of the contract has received such notice. 252 
Sec. 6. Section 4a-60 of the general statutes is repealed and the 253 
following is substituted in lieu thereof (Effective July 1, 2019): 254 
(a) Except as provided in section 10a-151i, as amended by this act, 255 
every contract to which an awarding agency is a party, every quasi-256 
public agency project contract and every municipal public works 257 
contract shall contain the following provisions: 258 
(1) The contractor agrees and warrants that in the performance of 259 
the contract such contractor will not discriminate or permit 260 
discrimination against any person or group of persons on the grounds 261 
of race, color, religious creed, age, marital status, national origin, 262 
ancestry, sex, gender identity or expression, status as a veteran, 263 
intellectual disability, mental disability or physical disability, 264 
including, but not limited to, blindness, unless it is shown by such 265 
contractor that such disability prevents performance of the work 266 
involved, in any manner prohibited by the laws of the United States or 267 
of the state of Connecticut; and the contractor further agrees to take 268 
affirmative action to ensure that applicants with job-related 269 
qualifications are employed and that employees are treated when 270 
employed without regard to their race, color, religious creed, age, 271 
marital status, national origin, ancestry, sex, gender identity or 272 
expression, status as a veteran, intellectual disability, mental disability 273  Raised Bill No.  7385 
 
 
 
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or physical disability, including, but not limited to, blindness, unless it 274 
is shown by such contractor that such disability prevents performance 275 
of the work involved; 276 
(2) The contractor agrees, in all solicitations or advertisements for 277 
employees placed by or on behalf of the contractor, to state that it is an 278 
"affirmative action-equal opportunity employer" in accordance with 279 
regulations adopted by the Commission on Human Rights and 280 
Opportunities; 281 
(3) The contractor agrees to provide each labor union or 282 
representative of workers with which such contractor has a collective 283 
bargaining agreement or other contract or understanding and each 284 
vendor with which such contractor has a contract or understanding, a 285 
notice to be provided by the Commission on Human Rights and 286 
Opportunities advising the labor union or workers' representative of 287 
the contractor's commitments under this section, and to post copies of 288 
the notice in conspicuous places available to employees and applicants 289 
for employment; 290 
(4) The contractor agrees to comply with each provision of this 291 
section and sections 46a-68e and 46a-68f and with each regulation or 292 
relevant order issued by said commission pursuant to sections 46a-56, 293 
46a-68e, 46a-68f and 46a-86; and 294 
(5) The contractor agrees to provide the Commission on Human 295 
Rights and Opportunities with such information requested by the 296 
commission, and permit access to pertinent books, records and 297 
accounts, concerning the employment practices and procedures of the 298 
contractor as relate to the provisions of this section and section 46a-56. 299 
(b) If the contract is a public works contract, municipal public works 300 
contract or contract for a quasi-public agency project, the contractor 301 
agrees and warrants that he or she will make good faith efforts to 302 
employ minority business enterprises as subcontractors and suppliers 303 
of materials on such public works or quasi-public agency project. 304  Raised Bill No.  7385 
 
 
 
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[(c) Except as provided in section 10a-151i: 305 
(1) Any contractor who has one or more contracts with an awarding 306 
agency or who is a party to a municipal public works contract or a 307 
contract for a quasi-public agency project, where any such contract is 308 
valued at less than fifty thousand dollars for each year of the contract, 309 
shall provide the awarding agency, or in the case of a municipal public 310 
works or quasi-public agency project contract, the Commission on 311 
Human Rights and Opportunities, with a written or electronic 312 
representation that complies with the nondiscrimination agreement 313 
and warranty under subdivision (1) of subsection (a) of this section, 314 
provided if there is any change in such representation, the contractor 315 
shall provide the updated representation to the awarding agency or 316 
commission not later than thirty days after such change. 317 
(2) Any contractor who has one or more contracts with an awarding 318 
agency or who is a party to a municipal public works contract or a 319 
contract for a quasi-public agency project, where any such contract is 320 
valued at fifty thousand dollars or more for any year of the contract, 321 
shall provide the awarding agency, or in the case of a municipal public 322 
works or quasi-public agency project contract, the Commission on 323 
Human Rights and Opportunities, with any one of the following: 324 
(A) Documentation in the form of a company or corporate policy 325 
adopted by resolution of the board of directors, shareholders, 326 
managers, members or other governing body of such contractor that 327 
complies with the nondiscrimination agreement and warranty under 328 
subdivision (1) of subsection (a) of this section; 329 
(B) Documentation in the form of a company or corporate policy 330 
adopted by a prior resolution of the board of directors, shareholders, 331 
managers, members or other governing body of such contractor if (i) 332 
the prior resolution is certified by a duly authorized corporate officer 333 
of such contractor to be in effect on the date the documentation is 334 
submitted, and (ii) the head of the awarding agency, or a designee, or 335 
in the case of a municipal public works or quasi-public agency project 336  Raised Bill No.  7385 
 
 
 
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contract, the executive director of the Commission on Human Rights 337 
and Opportunities or a designee, certifies that the prior resolution 338 
complies with the nondiscrimination agreement and warranty under 339 
subdivision (1) of subsection (a) of this section; or 340 
(C) Documentation in the form of an affidavit signed under penalty 341 
of false statement by a chief executive officer, president, chairperson or 342 
other corporate officer duly authorized to adopt company or corporate 343 
policy that certifies that the company or corporate policy of the 344 
contractor complies with the nondiscrimination agreement and 345 
warranty under subdivision (1) of subsection (a) of this section and is 346 
in effect on the date the affidavit is signed. 347 
(3) No awarding agency, or in the case of a municipal public works 348 
contract, no municipality, or in the case of a quasi-public agency 349 
project contract, no entity, shall award a contract to a contractor who 350 
has not provided the representation or documentation required under 351 
subdivisions (1) and (2) of this subsection, as applicable. After the 352 
initial submission of such representation or documentation, the 353 
contractor shall not be required to resubmit such representation or 354 
documentation unless there is a change in the information contained in 355 
such representation or documentation. If there is any change in the 356 
information contained in the most recently filed representation or 357 
updated documentation, the contractor shall submit an updated 358 
representation or documentation, as applicable, either (A) not later 359 
than thirty days after the effective date of such change, or (B) upon the 360 
execution of a new contract with the awarding agency, municipality or 361 
entity, as applicable, whichever is earlier. Such contractor shall also 362 
certify, in accordance with subparagraph (B) or (C) of subdivision (2) 363 
of this subsection, to the awarding agency or commission, as 364 
applicable, not later than fourteen days after the twelve-month 365 
anniversary of the most recently filed representation, documentation 366 
or updated representation or documentation, that the representation 367 
on file with the awarding agency or commission, as applicable, is 368 
current and accurate.] 369  Raised Bill No.  7385 
 
 
 
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[(d)] (c) For the purposes of this section, "contract" includes any 370 
extension or modification of the contract, "contractor" includes any 371 
successors or assigns of the contractor, "marital status" means being 372 
single, married as recognized by the state of Connecticut, widowed, 373 
separated or divorced, and "mental disability" means one or more 374 
mental disorders, as defined in the most recent edition of the American 375 
Psychiatric Association's "Diagnostic and Statistical Manual of Mental 376 
Disorders", or a record of or regarding a person as having one or more 377 
such disorders. For the purposes of this section, "contract" does not 378 
include a contract where each contractor is (1) a political subdivision of 379 
the state, including, but not limited to, a municipality, unless the 380 
contract is a municipal public works contract or quasi-public agency 381 
project contract, (2) any other state, as defined in section 1-267, (3) the 382 
federal government, (4) a foreign government, or (5) an agency of a 383 
subdivision, state or government described in subdivision (1), (2), (3) 384 
or (4) of this subsection. 385 
[(e)] (d) For the purposes of this section, "minority business 386 
enterprise" means any small contractor or supplier of materials fifty-387 
one per cent or more of the capital stock, if any, or assets of which is 388 
owned by a person or persons: (1) Who are active in the daily affairs of 389 
the enterprise, (2) who have the power to direct the management and 390 
policies of the enterprise, and (3) who are members of a minority, as 391 
such term is defined in subsection (a) of section 32-9n; and "good faith" 392 
means that degree of diligence which a reasonable person would 393 
exercise in the performance of legal duties and obligations. "Good faith 394 
efforts" shall include, but not be limited to, those reasonable initial 395 
efforts necessary to comply with statutory or regulatory requirements 396 
and additional or substituted efforts when it is determined that such 397 
initial efforts will not be sufficient to comply with such requirements. 398 
[(f)] (e) Determination of the contractor's good faith efforts shall 399 
include, but shall not be limited to, the following factors: The 400 
contractor's employment and subcontracting policies, patterns and 401 
practices; affirmative advertising, recruitment and training; technical 402 
assistance activities and such other reasonable activities or efforts as 403  Raised Bill No.  7385 
 
 
 
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the Commission on Human Rights and Opportunities may prescribe 404 
that are designed to ensure the participation of minority business 405 
enterprises in public works projects. 406 
[(g)] (f) The contractor shall develop and maintain adequate 407 
documentation, in a manner prescribed by the Commission on Human 408 
Rights and Opportunities, of its good faith efforts. 409 
[(h)] (g) The contractor shall include the provisions of subsections 410 
(a) and (b) of this section in every subcontract or purchase order 411 
entered into in order to fulfill any obligation of a contract with the 412 
state, and in every subcontract entered into in order to fulfill any 413 
obligation of a municipal public works contract or contract for a quasi-414 
public agency project, and such provisions shall be binding on a 415 
subcontractor, vendor or manufacturer, unless exempted by 416 
regulations or orders of the Commission on Human Rights and 417 
Opportunities. The contractor shall take such action with respect to 418 
any such subcontract or purchase order as the commission may direct 419 
as a means of enforcing such provisions, including sanctions for 420 
noncompliance in accordance with section 46a-56; provided, if such 421 
contractor becomes involved in, or is threatened with, litigation with a 422 
subcontractor or vendor as a result of such direction by the 423 
commission regarding a state contract, the contractor may request the 424 
state of Connecticut to enter into any such litigation or negotiation 425 
prior thereto to protect the interests of the state and the state may so 426 
enter.  427 
Sec. 7. Section 10a-151i of the general statutes is repealed and the 428 
following is substituted in lieu thereof (Effective July 1, 2019): 429 
For any qualified contract described in subdivision (1) of subsection 430 
(b) of section 10a-151f, and any revenue contract or nonmonetary 431 
contract that is not a qualified contract, as such terms are defined in 432 
section 10a-151f, that is entered into or amended on or after July 1, 433 
2017, by the chief executive officer of the Board of Regents for Higher 434 
Education or the chief executive officer of an institution within the 435  Raised Bill No.  7385 
 
 
 
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jurisdiction of the Board of Regents for Higher Education or by the 436 
chief executive officer of The University of Connecticut, the chief 437 
executive officer shall require such contract to either (1) comply with 438 
the provisions of [subsection (c) of section 4a-60, and] subsection (b) of 439 
section 4a-60a, and set forth the full text of subdivisions (1) to (5), 440 
inclusive, of subsection (a) of section 4a-60, as amended by this act, 441 
and subdivisions (1) to (4), inclusive, of subsection (a) of section 4a-60a, 442 
or (2) set forth the following affirmation: "Each party agrees, as 443 
required by sections 4a-60, as amended by this act, and 4a-60a of the 444 
Connecticut General Statutes, not to discriminate against any person 445 
on the basis of race, color, religious creed, age, marital status, national 446 
origin, ancestry, sex, gender identity or expression, sexual orientation, 447 
intellectual disability, mental disability or physical disability, 448 
including, but not limited to, blindness, unless it is shown by such 449 
party that such disability prevents performance of the work involved. 450 
Each party agrees to comply with all applicable federal and state of 451 
Connecticut nondiscrimination and affirmative action laws, including, 452 
but not limited to, sections 4a-60, as amended by this act, and 4a-60a of 453 
the Connecticut General Statutes.".  454 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019 1-101qq 
Sec. 2 July 1, 2019 4-252 
Sec. 3 July 1, 2019 4-252a 
Sec. 4 July 1, 2019 4a-81 
Sec. 5 July 1, 2019 9-612(f)(2)(E) 
Sec. 6 July 1, 2019 4a-60 
Sec. 7 July 1, 2019 10a-151i 
 
Statement of Purpose:   
To modify requirements for the affirmations, certifications and 
affidavits contractors are required to submit for large state contracts 
concerning, ethics laws, investment restrictions, consulting agreements 
and state contractor contribution and solicitation prohibitions.  Raised Bill No.  7385 
 
 
 
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[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.]