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General Assembly Substitute Bill No. 7385
January Session, 2019
AN ACT CONCERNING TH E DEPARTMENT OF ADMI NISTRATIVE
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 Section 1-101qq of the general statutes is repealed and the 1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
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 Substitute Bill No. 7385
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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
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 Substitute Bill No. 7385
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(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
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 Substitute Bill No. 7385
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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
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 Substitute Bill No. 7385
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(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
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 Substitute Bill No. 7385
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(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
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 Substitute Bill No. 7385
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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
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 Substitute Bill No. 7385
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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. Subdivision (2) of subsection (f) of section 9-612 of the general 215
statutes is repealed and the following is substituted in lieu thereof 216
(Effective July 1, 2019): 217
(2) (A) No state contractor, prospective state contractor, principal of 218
a state contractor or principal of a prospective state contractor, with 219
regard to a state contract or a state contract solicitation with or from a 220
state agency in the executive branch or a quasi-public agency or a 221
holder, or principal of a holder, of a valid prequalification certificate, 222
shall make a contribution to, or, on and after January 1, 2011, 223
knowingly solicit contributions from the state contractor's or 224
prospective state contractor's employees or from a subcontractor or 225
principals of the subcontractor on behalf of (i) an exploratory 226
committee or candidate committee established by a candidate for 227
nomination or election to the office of Governor, Lieutenant Governor, 228
Attorney General, State Comptroller, Secretary of the State or State 229
Treasurer, (ii) a political committee authorized to make contributions 230
or expenditures to or for the benefit of such candidates, or (iii) a party 231
committee; 232
(B) No state contractor, prospective state contractor, principal of a 233
state contractor or principal of a prospective state contractor, with 234
regard to a state contract or a state contract solicitation with or from 235
the General Assembly or a holder, or principal of a holder, of a valid 236
prequalification certificate, shall make a contribution to, or, on and 237
after January 1, 2011, knowingly solicit contributions from the state 238
contractor's or prospective state contractor's employees or from a 239
subcontractor or principals of the subcontractor on behalf of (i) an 240
exploratory committee or candidate committee established by a 241
candidate for nomination or election to the office of state senator or 242
state representative, (ii) a political committee authorized to make 243
contributions or expenditures to or for the benefit of such candidates, 244 Substitute Bill No. 7385
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or (iii) a party committee; 245
(C) If a state contractor or principal of a state contractor makes or 246
solicits a contribution as prohibited under subparagraph (A) or (B) of 247
this subdivision, as determined by the State Elections Enforcement 248
Commission, the contracting state agency or quasi-public agency may, 249
in the case of a state contract executed on or after February 8, 2007, 250
void the existing contract with such contractor, and no state agency or 251
quasi-public agency shall award the state contractor a state contract or 252
an extension or an amendment to a state contract for one year after the 253
election for which such contribution is made or solicited unless the 254
commission determines that mitigating circumstances exist concerning 255
such violation. No violation of the prohibitions contained in 256
subparagraph (A) or (B) of this subdivision shall be deemed to have 257
occurred if, and only if, the improper contribution is returned to the 258
principal by the later of thirty days after receipt of such contribution 259
by the recipient committee treasurer or the filing date that corresponds 260
with the reporting period in which such contribution was made; 261
(D) If a prospective state contractor or principal of a prospective 262
state contractor makes or solicits a contribution as prohibited under 263
subparagraph (A) or (B) of this subdivision, as determined by the State 264
Elections Enforcement Commission, no state agency or quasi-public 265
agency shall award the prospective state contractor the contract 266
described in the state contract solicitation or any other state contract 267
for one year after the election for which such contribution is made or 268
solicited unless the commission determines that mitigating 269
circumstances exist concerning such violation. The Commissioner of 270
Administrative Services shall notify applicants of the provisions of this 271
subparagraph and subparagraphs (A) and (B) of this subdivision 272
during the prequalification application process; [and] 273
(E) The State Elections Enforcement Commission shall make 274
available to each state agency and quasi-public agency a written notice 275
advising state contractors and prospective state contractors of the 276
contribution and solicitation prohibitions contained in subparagraphs 277 Substitute Bill No. 7385
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(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 278
contractor and prospective state contractor to inform each individual 279
described in subparagraph (F) of subdivision (1) of this subsection, 280
with regard to such state contractor or prospective state contractor, 281
about the provisions of subparagraph (A) or (B) of this subdivision, 282
whichever is applicable, and this subparagraph; (ii) inform each state 283
contractor and prospective state contractor of the civil and criminal 284
penalties that could be imposed for violations of such prohibitions if 285
any such contribution is made or solicited; (iii) inform each state 286
contractor and prospective state contractor that, in the case of a state 287
contractor, if any such contribution is made or solicited, the contract 288
may be voided; (iv) inform each state contractor and prospective state 289
contractor that, in the case of a prospective state contractor, if any such 290
contribution is made or solicited, the contract described in the state 291
contract solicitation shall not be awarded, unless the commission 292
determines that mitigating circumstances exist concerning such 293
violation; and (v) inform each state contractor and prospective state 294
contractor that the state will not award any other state contract to 295
anyone found in violation of such prohibitions for a period of one year 296
after the election for which such contribution is made or solicited, 297
unless the commission determines that mitigating circumstances exist 298
concerning such violation. Each state agency and quasi-public agency 299
shall [distribute such notice to the chief executive officer of its 300
contractors and prospective state contractors, or an authorized 301
signatory to a state contract, and shall obtain a written 302
acknowledgment of the receipt of such notice.] include in the bid 303
specifications or request for proposals for a large state contract a copy 304
of or Internet link to such notice. No state agency or quasi-public 305
agency shall execute a state contract unless such contract contains a 306
representation that the chief executive officer or authorized signatory 307
of the contract has received such notice; and 308
(F) (i) Any principal of the state contractor or prospective state 309
contractor submitting a bid or proposal for a state contract shall certify 310
that neither the contractor or prospective state contractor, nor any of its 311 Substitute Bill No. 7385
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principals, have made any contributions to, or solicited any 312
contributions on behalf of any party committee, exploratory 313
committee, candidate for state-wide office or for the General 314
Assembly, or political committee authorized to make contributions to 315
or expenditures to or for, the benefit of such candidates, in the 316
previous four years, that were determined by the State Elections 317
Enforcement Commission to be in violation of subparagraph (A) or (B) 318
of this subdivision, without mitigating circumstances having been 319
found to exist concerning such violation. Each such certification shall 320
be sworn as true to the best knowledge and belief of the person signing 321
the certification, subject to the penalties of false statement. If there is 322
any change in the information contained in the most recently filed 323
certification, such person shall submit an updated certification either 324
not later than thirty days after the effective date of any such change or 325
upon the submittal of any new bid or proposal for a state contract, 326
whichever is earlier. 327
(ii) Each state agency and quasi-public agency shall include in the 328
bid specifications or request for proposals for a state contract a notice 329
of the certification requirements of this subparagraph. No state agency 330
or quasi-public agency shall execute a state contract, unless the state 331
agency or quasi-public agency obtains the written certification 332
described in this subparagraph. 333
(iii) Any principal of the state contractor or prospective state 334
contractor submitting a bid or proposal for a state contract shall 335
disclose on the certification all contributions made by any of its 336
principals to any party committee, exploratory committee, candidate 337
for state-wide office or for the General Assembly, or political 338
committee authorized to make contributions to or expenditures to or 339
for the benefit of such candidates for a period of four years prior to the 340
signing of the contract or date of the response to the bid, whichever is 341
longer, and certify that all such contributions have been disclosed. 342
Sec. 6. Section 4a-60 of the general statutes is repealed and the 343
following is substituted in lieu thereof (Effective July 1, 2019): 344 Substitute Bill No. 7385
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(a) Except as provided in section 10a-151i, every contract to which 345
an awarding agency is a party, every quasi-public agency project 346
contract and every municipal public works contract shall contain the 347
following provisions: 348
(1) The contractor agrees and warrants that in the performance of 349
the contract such contractor will not discriminate or permit 350
discrimination against any person or group of persons on the grounds 351
of race, color, religious creed, age, marital status, national origin, 352
ancestry, sex, gender identity or expression, status as a veteran, 353
intellectual disability, mental disability or physical disability, 354
including, but not limited to, blindness, unless it is shown by such 355
contractor that such disability prevents performance of the work 356
involved, in any manner prohibited by the laws of the United States or 357
of the state of Connecticut; and the contractor further agrees to take 358
affirmative action to ensure that applicants with job-related 359
qualifications are employed and that employees are treated when 360
employed without regard to their race, color, religious creed, age, 361
marital status, national origin, ancestry, sex, gender identity or 362
expression, status as a veteran, intellectual disability, mental disability 363
or physical disability, including, but not limited to, blindness, unless it 364
is shown by such contractor that such disability prevents performance 365
of the work involved; 366
(2) The contractor agrees, in all solicitations or advertisements for 367
employees placed by or on behalf of the contractor, to state that it is an 368
"affirmative action-equal opportunity employer" in accordance with 369
regulations adopted by the Commission on Human Ri ghts and 370
Opportunities; 371
(3) The contractor agrees to provide each labor union or 372
representative of workers with which such contractor has a collective 373
bargaining agreement or other contract or understanding and each 374
vendor with which such contractor has a contract or understanding, a 375
notice to be provided by the Commission on Human Rights and 376
Opportunities advising the labor union or workers' representative of 377 Substitute Bill No. 7385
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the contractor's commitments under this section, and to post copies of 378
the notice in conspicuous places available to employees and applicants 379
for employment; 380
(4) The contractor agrees to comply with each provision of this 381
section and sections 46a-68e and 46a-68f and with each regulation or 382
relevant order issued by said commission pursuant to sections 46a-56, 383
46a-68e, 46a-68f and 46a-86; and 384
(5) The contractor agrees to provide the Commission on Human 385
Rights and Opportunities with such information requested by the 386
commission, and permit access to pertinent books, records and 387
accounts, concerning the employment practices and procedures of the 388
contractor as relate to the provisions of this section and section 46a-56. 389
(b) If the contract is a public works contract, municipal public works 390
contract or contract for a quasi-public agency project, the contractor 391
agrees and warrants that he or she will make good faith efforts to 392
employ minority business enterprises as subcontractors and suppliers 393
of materials on such public works or quasi-public agency project. 394
(c) Except as provided in section 10a-151i: 395
(1) Any contractor who has one or more contracts with an awarding 396
agency, or who is a party to a municipal public works contract or a 397
contract for a quasi-public agency project, [where any such contract is 398
valued at less than fifty thousand dollars for each year of the contract, 399
shall provide the awarding agency, or in the case of a municipal public 400
works or quasi-public agency project contract, the Commission on 401
Human Rights and Opportunities, with a written or electronic 402
representation that complies with the nondiscrimination agreement 403
and warranty under subdivision (1) of subsection (a) of this section, 404
provided if there is any change in such representation, the contractor 405
shall provide the updated representation to the awarding agency or 406
commission not later than thirty days after such change] shall include 407
a nondiscrimination affirmation provision in the contract certifying 408 Substitute Bill No. 7385
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that the contractor understands the obligations of this section and will 409
maintain a policy for the duration of the contract to assure that the 410
contract will be performed in compliance with the nondiscrimination 411
requirements of subsection (a) of this section. The authorized signatory 412
of the contract shall demonstrate his or her understanding of this 413
obligation by either (A) initialing the nondiscrimination affirmation 414
provision in the body of the contract, or (B) providing an affirmative 415
response in the required online bid or response to a proposal question 416
which asks if the contractor understands its obligations. 417
[(2) Any contractor who has one or more contracts with an 418
awarding agency or who is a party to a municipal public works 419
contract or a contract for a quasi-public agency project, where any such 420
contract is valued at fifty thousand dollars or more for any year of the 421
contract, shall provide the awarding agency, or in the case of a 422
municipal public works or quasi-public agency project contract, the 423
Commission on Human Rights and Opportunities, with any one of the 424
following: 425
(A) Documentation in the form of a company or corporate policy 426
adopted by resolution of the board of directors, shareholders, 427
managers, members or other governing body of such contractor that 428
complies with the nondiscrimination agreement and warranty under 429
subdivision (1) of subsection (a) of this section; 430
(B) Documentation in the form of a company or corporate policy 431
adopted by a prior resolution of the board of directors, shareholders, 432
managers, members or other governing body of such contractor if (i) 433
the prior resolution is certified by a duly authorized corporate officer 434
of such contractor to be in effect on the date the documentation is 435
submitted, and (ii) the head of the awarding agency, or a designee, or 436
in the case of a municipal public works or quasi-public agency project 437
contract, the executive director of the Commission on Human Rights 438
and Opportunities or a designee, certifies that the prior resolution 439
complies with the nondiscrimination agreement and warranty under 440
subdivision (1) of subsection (a) of this section; or 441 Substitute Bill No. 7385
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(C) Documentation in the form of an affidavit signed under penalty 442
of false statement by a chief executive officer, president, chairperson or 443
other corporate officer duly authorized to adopt company or corporate 444
policy that certifies that the company or corporate policy of the 445
contractor complies with the nondiscrimination agreement and 446
warranty under subdivision (1) of subsection (a) of this section and is 447
in effect on the date the affidavit is signed.] 448
[(3)] (2) No awarding agency, or in the case of a municipal public 449
works contract, no municipality, or in the case of a quasi-public agency 450
project contract, no entity, shall award a contract to a contractor who 451
has not [provided the representation or documentation] included the 452
nondiscrimination affirmation provision and demonstrated its 453
understanding of such provision as required under [subdivisions] 454
subdivision (1) [and (2)] of this subsection. [, as applicable. After the 455
initial submission of such representation or documentation, the 456
contractor shall not be required to resubmit such representation or 457
documentation unless there is a change in the information contained in 458
such representation or documentation. If there is any change in the 459
information contained in the most recently filed representation or 460
updated documentation, the contractor shall submit an updated 461
representation or documentation, as applicable, either (A) not later 462
than thirty days after the effective date of such change, or (B) upon the 463
execution of a new contract with the awarding agency, municipality or 464
entity, as applicable, whichever is earlier. Such contractor shall also 465
certify, in accordance with subparagraph (B) or (C) of subdivision (2) 466
of this subsection, to the awarding agency or commission, as 467
applicable, not later than fourteen days after the twelve-month 468
anniversary of the most recently filed representation, documentation 469
or updated representation or documentation, that the representation 470
on file with the awarding agency or commission, as applicable, is 471
current and accurate.] 472
(d) For the purposes of this section, "contract" includes any 473
extension or modification of the contract, "contractor" includes any 474 Substitute Bill No. 7385
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successors or assigns of the contractor, "marital status" means being 475
single, married as recognized by the state of Connecticut, widowed, 476
separated or divorced, and "mental disability" means one or more 477
mental disorders, as defined in the most recent edition of the American 478
Psychiatric Association's "Diagnostic and Statistical Manual of Mental 479
Disorders", or a record of or regarding a person as having one or more 480
such disorders. For the purposes of this section, "contract" does not 481
include a contract where each contractor is (1) a political subdivision of 482
the state, including, but not limited to, a municipality, unless the 483
contract is a municipal public works contract or quasi-public agency 484
project contract, (2) any other state, as defined in section 1-267, (3) the 485
federal government, (4) a foreign government, or (5) an agency of a 486
subdivision, state or government described in subdivision (1), (2), (3) 487
or (4) of this subsection. 488
(e) For the purposes of this section, "minority business enterprise" 489
means any small contractor or supplier of materials fifty-one per cent 490
or more of the capital stock, if any, or assets of which is owned by a 491
person or persons: (1) Who are active in the daily affairs of the 492
enterprise, (2) who have the power to direct the management and 493
policies of the enterprise, and (3) who are members of a minority, as 494
such term is defined in subsection (a) of section 32-9n; and "good faith" 495
means that degree of diligence which a reasonable person would 496
exercise in the performance of legal duties and obligations. "Good faith 497
efforts" shall include, but not be limited to, those reasonable initial 498
efforts necessary to comply with statutory or regulatory requirements 499
and additional or substituted efforts when it is determined that such 500
initial efforts will not be sufficient to comply with such requirements. 501
(f) Determination of the contractor's good faith efforts shall include, 502
but shall not be limited to, the following factors: The contractor's 503
employment and subcontracting policies, patterns and practices; 504
affirmative advertising, recruitment and training; technical assistance 505
activities and such other reasonable activities or efforts as the 506
Commission on Human Rights and Opportunities may prescribe that 507 Substitute Bill No. 7385
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are designed to ensure the participation of minority business 508
enterprises in public works projects. 509
(g) The contractor shall develop and maintain adequate 510
documentation, in a manner prescribed by the Commission on Human 511
Rights and Opportunities, of its good faith efforts. 512
(h) The contractor shall include the provisions of subsections (a) and 513
(b) of this section in every subcontract or purchase order entered into 514
in order to fulfill any obligation of a contract with the state, and in 515
every subcontract entered into in order to fulfill any obligation of a 516
municipal public works contract or contract for a quasi-public agency 517
project, and such provisions shall be binding on a subcontractor, 518
vendor or manufacturer, unless exempted by regulations or orders of 519
the Commission on Human Rights and Opportunities. The contractor 520
shall take such action with respect to any such subcontract or purchase 521
order as the commission may direct as a means of enforcing such 522
provisions, including sanctions for noncompliance in accordance with 523
section 46a-56; provided, if such contractor becomes involved in, or is 524
threatened with, litigation with a subcontractor or vendor as a result of 525
such direction by the commission regarding a state contract, the 526
contractor may request the state of Connecticut to enter into any such 527
litigation or negotiation prior thereto to protect the interests of the 528
state and the state may so enter. 529
Sec. 7. Section 4a-60a of the general statutes is repealed and the 530
following is substituted in lieu thereof (Effective July 1, 2019): 531
(a) Except as provided in section 10a-151i, every contract to which 532
an awarding agency is a party, every contract for a quasi-public agency 533
project and every municipal public works contract shall contain the 534
following provisions: 535
(1) The contractor agrees and warrants that in the performance of 536
the contract such contractor will not discriminate or permit 537
discrimination against any person or group of persons on the grounds 538 Substitute Bill No. 7385
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of sexual orientation, in any manner prohibited by the laws of the 539
United States or of the state of Connecticut, and that employees are 540
treated when employed without regard to their sexual orientation; 541
(2) The contractor agrees to provide each labor union or 542
representative of workers with which such contractor has a collective 543
bargaining agreement or other contract or understanding and each 544
vendor with which such contractor has a contract or understanding, a 545
notice to be provided by the Commission on Human Rights and 546
Opportunities advising the labor union or workers' representative of 547
the contractor's commitments under this section, and to post copies of 548
the notice in conspicuous places available to employees and applicants 549
for employment; 550
(3) The contractor agrees to comply with each provision of this 551
section and with each regulation or relevant order issued by said 552
commission pursuant to section 46a-56; and 553
(4) The contractor agrees to provide the Commission on Human 554
Rights and Opportunities with such information requested by the 555
commission, and permit access to pertinent books, records and 556
accounts, concerning the employment practices and procedures of the 557
contractor which relate to the provisions of this section and section 558
46a-56. 559
(b) Except as provided in section 10a-151i: 560
(1) Any contractor who has one or more contracts with an awarding 561
agency, or who is a party to a municipal public works contract or a 562
contract for a quasi-public agency project, [where any such contract is 563
valued at less than fifty thousand dollars for each year of the contract, 564
shall provide the awarding agency, or in the case of a municipal public 565
works or quasi-public agency project contract, the Commission on 566
Human Rights and Opportunities, with a written representation that 567
complies with the nondiscrimination agreement and warranty under 568
subdivision (1) of subsection (a) of this section.] shall include a 569 Substitute Bill No. 7385
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nondiscrimination affirmation provision in the contract certifying that 570
the contractor understands the obligations of this section and will 571
maintain a policy for the duration of the contract to assure that the 572
contract will be performed in compliance with the nondiscrimination 573
requirements of this section. The authorized signatory of the contract 574
shall demonstrate his or her understanding of this obligation by either 575
(A) initialing the nondiscrimination affirmation provision in the body 576
of the contract, or (B) providing an affirmative response in the required 577
online bid or response to a proposal question which asks if the 578
contractor understands its obligations. 579
[(2) Any contractor who has one or more contracts with an 580
awarding agency or who is a party to a municipal public works 581
contract or a contract for a quasi-public agency project, where any such 582
contract is valued at fifty thousand dollars or more for any year of the 583
contract, shall provide such awarding agency, or in the case of a 584
municipal public works or quasi-public agency project contract, the 585
Commission on Human Rights and Opportunities, with any of the 586
following: 587
(A) Documentation in the form of a company or corporate policy 588
adopted by resolution of the board of directors, shareholders, 589
managers, members or other governing body of such contractor that 590
complies with the nondiscrimination agreement and warranty under 591
subdivision (1) of subsection (a) of this section; 592
(B) Documentation in the form of a company or corporate policy 593
adopted by a prior resolution of the board of directors, shareholders, 594
managers, members or other governing body of such contractor if (i) 595
the prior resolution is certified by a duly authorized corporate officer 596
of such contractor to be in effect on the date the documentation is 597
submitted, and (ii) the head of the awarding agency, or a designee, or 598
in the case of a municipal public works or quasi-public agency project 599
contract, the executive director of the Commission on Human Rights 600
and Opportunities or a designee, certifies that the prior resolution 601
complies with the nondiscrimination agreement and warranty under 602 Substitute Bill No. 7385
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subdivision (1) of subsection (a) of this section; or 603
(C) Documentation in the form of an affidavit signed under penalty 604
of false statement by a chief executive officer, president, chairperson or 605
other corporate officer duly authorized to adopt company or corporate 606
policy that certifies that the company or corporate policy of the 607
contractor complies with the nondiscrimination agreement and 608
warranty under subdivision (1) of subsection (a) of this section and is 609
in effect on the date the affidavit is signed.] 610
[(3)] (2) No awarding agency, or in the case of a municipal public 611
works contract, no municipality, or in the case of a quasi-public agency 612
project contract, no entity, shall award a contract to a contractor who 613
has not [provided the representation or documentation] included the 614
nondiscrimination affirmation provision in the contract and 615
demonstrated its understanding of such provision as required under 616
[subdivisions (1) and (2)] subdivision (1) of this subsection. [, as 617
applicable. After the initial submission of such representation or 618
documentation, the contractor shall not be required to resubmit such 619
representation or documentation unless there is a change in the 620
information contained in such representation or documentation. If 621
there is any change in the information contained in the most recently 622
filed representation or updated documentation, the contractor shall 623
submit an updated representation or documentation, as applicable, 624
either (A) not later than thirty days after the effective date of such 625
change, or (B) upon the execution of a new contract with the awarding 626
agency, municipality, or entity, as applicable, whichever is earlier. 627
Such contractor shall also certify, in accordance with subparagraph (B) 628
or (C) of subdivision (2) of this subsection, to the awarding agency or 629
commission, as applicable, not later than fourteen days after the 630
twelve-month anniversary of the most recently filed representation, 631
documentation or updated representation or documentation, that the 632
representation on file with the awarding agency or commission, as 633
applicable, is current and accurate.] 634
(c) For the purposes of this section, "contract" includes any 635 Substitute Bill No. 7385
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extension or modification of the contract, and "contractor" includes any 636
successors or assigns of the contractor. For the purposes of this section, 637
"contract" does not include a contract where each contractor is (1) a 638
political subdivision of the state, including, but not limited to, a 639
municipality, unless the contract is a municipal public works contract 640
or quasi-public agency project contract, (2) any other state, as defined 641
in section 1-267, (3) the federal government, (4) a foreign government, 642
or (5) an agency of a subdivision, state or government described in 643
subdivision (1), (2), (3) or (4) of this subsection. 644
(d) The contractor shall include the provisions of subsection (a) of 645
this section in every subcontract or purchase order entered into in 646
order to fulfill any obligation of a contract with the state, and in every 647
subcontract entered into in order to fulfill any obligation of a 648
municipal public works contractor contract for a quasi-public agency 649
project, and such provisions shall be binding on a subcontractor, 650
vendor or manufacturer unless exempted by regulations or orders of 651
the Commission on Human Rights and Opportunities. The contractor 652
shall take such action with respect to any such subcontract or purchase 653
order as the commission may direct as a means of enforcing such 654
provisions, including sanctions for noncompliance in accordance with 655
section 46a-56; provided, if such contractor becomes involved in, or is 656
threatened with, litigation with a subcontractor or vendor as a result of 657
such direction by the commission regarding a state contract, the 658
contractor may request the state of Connecticut to enter into any such 659
litigation or negotiation prior thereto to protect the interests of the 660
state and the state may so enter. 661
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) Substitute Bill No. 7385
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Sec. 6 July 1, 2019 4a-60
Sec. 7 July 1, 2019 4a-60a
Statement of Legislative Commissioners:
In Section 5(f)(2)(F)(ii), "section" was changed to "subparagraph" for
accuracy, and Section 7(b)(2) was rewritten for consistency with the
provisions of Section 6(c)(2) and Section 7(b)(1).
GAE Joint Favorable Subst.