Connecticut 2020 Regular Session

Connecticut House Bill HB05012 Compare Versions

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

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4	4	LCO No. 595 1 of 26
5	5
6	6	General Assembly Governor's Bill No. 5012
7	7	February Session, 2020
8	8	LCO No. 595
9	9
10	10
11	11	Referred to Committee on GOVERNMENT ADMINISTRATION
12	12	AND ELECTIONS
13	13
14	14
15	15	Introduced by:
16	16	REP. ARESIMOWICZ, 30
17	17	th
18	18	Dist.
19	19	REP. RITTER M., 1
20	20	st
21	21	Dist.
22	22	SEN. LOONEY, 11
23	23	th
24	24	Dist.
25	25	SEN. DUFF, 25
26	26	th
27	27	Dist.
28	28
29	29
30	30
31	31
32	32
33	33
34	34	AN ACT CONCERNING TH E OPTIMIZATION OF STATE AGENCY
35	35	OPERATIONS AND SERVI CES.
36	36	Be it enacted by the Senate and House of Representatives in General
37	37	Assembly convened:
38	38
39	39	Section 1. Section 32-39e of the general statutes is repealed and the 1
40	40	following is substituted in lieu thereof (Effective July 1, 2020): 2
41	41	(a) If, in the exercise of its powers under section 32-39, Connecticut 3
42	42	Innovations, Incorporated (1) finds that the use of a certain technology, 4
43	43	product or process (A) would promote public health and safety, 5
44	44	environmental protection or economic development, or (B) with regard 6
45	45	to state services, would promote efficiency, reduce administrative 7
46	46	burdens or otherwise improve such services, and (2) determines such 8
47	47	technology, product or process was developed by a business (A) 9
48	48	domiciled in this state to which the corporation has provided financial 10
49	49	assistance or in which the corporation has invested, or (B) which has 11 Governor's Bill No. 5012
50	50
51	51
52	52
53	53	LCO No. 595 2 of 26
54	54
55	55	been certified as a small contractor or a minority business enterprise by 12
56	56	the Commissioner of Administrative Services under section 4a-60g, as 13
57	57	amended by this act, the corporation, upon application of such business, 14
58	58	may recommend to the Secretary of the Office of Policy and 15
59	59	Management that an agency of the state, including, but not limited to, 16
60	60	any constituent unit of the state system of higher education, be 17
61	61	[directed] authorized to test such technology, product or process by 18
62	62	employing it in the operations of such agency on a trial basis. The 19
63	63	purpose of such test program shall be to validate the commercial 20
64	64	viability of such technology, product or process, provided no business 21
65	65	in which Connecticut Innovations, Incorporated has invested shall be 22
66	66	required to participate in such program. 23
67	67	(b) No such recommendation may be made by Connecticut 24
68	68	Innovations, Incorporated unless such business has submitted a viable 25
69	69	business plan to Connecticut Innovations, Incorporated for 26
70	70	manufacturing and marketing such technology, product or process and 27
71	71	such business demonstrates that (1) [will manufacture or produce such 28
72	72	technology, product or process in this state, (2) demonstrates that] the 29
73	73	usage of such technology, product or process by the state agency will 30
74	74	not adversely affect safety, [(3) demonstrates that] (2) sufficient research 31
75	75	and development has occurred to warrant participation in the test 32
76	76	program, [and (4) demonstrates that] (3) the technology, product or 33
77	77	process has potential for commercialization not later than two years 34
78	78	following the completion of any test program involving a state agency 35
79	79	under this section, and (4) such technology, product or process will have 36
80	80	a positive economic impact in the state, including the prospective 37
81	81	addition of jobs and economic activity upon such commercialization. 38
82	82	[(b)] (c) If the Secretary of the Office of Policy and Management finds 39
83	83	that employing such technology, product or process would be feasible 40
84	84	in the operations of a state agency and would not have any detrimental 41
85	85	effect on such operations, said secretary, notwithstanding the 42
86	86	requirement of chapter 58, may direct an agency of the state to accept 43
87	87	delivery of such technology, product or process and to undertake such 44
88	88	a test program. [Any] The Secretary of the Office of Policy and 45 Governor's Bill No. 5012
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90	90
91	91
92	92	LCO No. 595 3 of 26
93	93
94	94	Management, in consultation with the Commissioner of Administrative 46
95	95	Services, the chief executive officer of Connecticut Innovations, 47
96	96	Incorporated and the department head of the testing agency, shall 48
97	97	determine, on a case-by-case basis, whether the costs associated with the 49
98	98	acquisition and use of such technology, product or process by the testing 50
99	99	agency shall be borne by Connecticut Innovations, Incorporated, the 51
100	100	business or by any investor or participant in such business. The 52
101	101	acquisition of any technology, product or process for purposes of the 53
102	102	test program established pursuant to this section shall not be deemed to 54
103	103	be a purchase under the provisions of the state procurement policy. The 55
104	104	testing agency, on behalf of Connecticut Innovations, Incorporated shall 56
105	105	maintain records related to such test program, as requested by 57
106	106	Connecticut Innovations, Incorporated and shall make such records and 58
107	107	any other information derived from such test program available to 59
108	108	Connecticut Innovations, Incorporated and the business. Any 60
109	109	proprietary information derived from such test program shall be 61
110	110	exempt from the provisions of subsection (a) of section 1-210. 62
111	111	(d) If the Secretary of the Office of Policy and Management, in 63
112	112	consultation with the Commissioner of Administrative Services, the 64
113	113	chief executive officer of Connecticut Innovations, Incorporated and the 65
114	114	department head of the testing agency, determines that the test program 66
115	115	sufficiently demonstrates that the technology, product or process 67
116	116	promotes public health and safety, environmental protection, economic 68
117	117	development or efficiency; reduces administrative burdens or 69
118	118	otherwise improves state services, the Commissioner of Administrative 70
119	119	Services may procure such technology, product or process for use by 71
120	120	any or all state agencies pursuant to subsection (b) of section 4a-58. 72
121	121	[(c)] (e) The Secretary of the Office of Policy and Management, 73
122	122	Commissioner of Administrative Services and Connecticut Innovations, 74
123	123	Incorporated may develop a program to recognize state agencies that 75
124	124	help to promote public health and safety, environmental protection, [or] 76
125	125	economic development or efficiency; reduce administrative burdens or 77
126	126	improve state services by participating in a testing program under this 78
127	127	section. Such program may include the creation of a fund established 79 Governor's Bill No. 5012
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129	129
130	130
131	131	LCO No. 595 4 of 26
132	132
133	133	with savings accrued by the testing agency during its participation in 80
134	134	the testing program established under this section. Such fund shall only 81
135	135	be used to implement the program of recognition established by the 82
136	136	Secretary of the Office of Policy and Management, Commissioner of 83
137	137	Administrative Services and Connecticut Innovations, Incorporated, 84
138	138	under the provisions of this subsection. 85
139	139	Sec. 2. (NEW) (Effective July 1, 2020) (a) Notwithstanding any 86
140	140	provision of the general statutes or special act, but subject to the 87
141	141	provisions of chapter 15 of the general statutes, any payment of fees due 88
142	142	to an agency or quasi-public agency may be made by any means of 89
143	143	electronic funds transfer adopted by such agency or quasi-public 90
144	144	agency. 91
145	145	(b) Notwithstanding any provision of the general statutes or special 92
146	146	act, but subject to the provisions of chapter 15 of the general statutes, 93
147	147	any correspondence or communication required to be delivered to an 94
148	148	agency or quasi-public agency by registered or certified mail, return 95
149	149	receipt requested, may be delivered by electronic means with proof of a 96
150	150	delivery receipt, in accordance with the provisions of chapter 15 of the 97
151	151	general statutes. 98
152	152	(c) Notwithstanding any provision of the general statutes or special 99
153	153	act, but subject to the provisions of chapter 15 of the general statutes, 100
154	154	any correspondence or communication required to be delivered to an 101
155	155	agency or quasi-public agency by United States mail or facsimile may 102
156	156	be delivered by electronic means, provided such agency or quasi-public 103
157	157	agency has determined such electronic delivery is appropriate for such 104
158	158	correspondence or communication. 105
159	159	(d) Notwithstanding any provision of the general statutes or special 106
160	160	act, but subject to the provisions of chapter 15 of the general statutes, 107
161	161	any requirement that an agency or quasi-public agency insert an 108
162	162	advertisement of a legal notice in a newspaper shall include posting 109
163	163	such notice on the agency's or quasi-public agency's Internet web site or 110
164	164	other electronic portal of the agency which is available to the general 111 Governor's Bill No. 5012
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166	166
167	167
168	168	LCO No. 595 5 of 26
169	169
170	170	public. Any statutory or regulatory requirement to advertise public 112
171	171	notices in a newspaper shall be deemed to be satisfied by such electronic 113
172	172	posting. 114
173	173	Sec. 3. Section 4-177 of the general statutes is repealed and the 115
174	174	following is substituted in lieu thereof (Effective July 1, 2020): 116
175	175	(a) In a contested case, all parties shall be afforded an opportunity for 117
176	176	hearing after reasonable notice. Such notice shall be in writing and may 118
177	177	be sent to the parties electronically, subject to the provisions of chapter 119
178	178	15, upon the consent of all parties to the contested case. 120
179	179	(b) The notice [shall be in writing and] shall include: (1) A statement 121
180	180	of the time, place, and nature of the hearing; (2) a statement of the legal 122
181	181	authority and jurisdiction under which the hearing is to be held; (3) a 123
182	182	reference to the particular sections of the statutes and regulations 124
183	183	involved; and (4) a short and plain statement of the matters asserted. If 125
184	184	the agency or party is unable to state the matters in detail at the time the 126
185	185	notice is served, the initial notice may be limited to a statement of the 127
186	186	issues involved. Thereafter, upon application, a more definite and 128
187	187	detailed statement shall be furnished. 129
188	188	(c) Unless precluded by law, a contested case may be resolved by 130
189	189	stipulation, agreed settlement, or consent order or by the default of a 131
190	190	party. 132
191	191	(d) The record in a contested case shall include: (1) Written notices 133
192	192	related to the case; (2) all petitions, pleadings, motions and intermediate 134
193	193	rulings; (3) evidence received or considered; (4) questions and offers of 135
194	194	proof, objections and rulings thereon; (5) the official transcript, if any, of 136
195	195	proceedings relating to the case, or, if not transcribed, any recording or 137
196	196	stenographic record of the proceedings; (6) proposed final decisions and 138
197	197	exceptions thereto; and (7) the final decision. 139
198	198	(e) Any recording or stenographic record of the proceedings shall be 140
199	199	transcribed on request of any party. The requesting party shall pay the 141
200	200	cost of such transcript. Nothing in this section shall relieve an agency of 142 Governor's Bill No. 5012
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202	202
203	203
204	204	LCO No. 595 6 of 26
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206	206	its responsibility under section 4-183 to transcribe the record for an 143
207	207	appeal. 144
208	208	Sec. 4. Section 1-101qq of the general statutes is repealed and the 145
209	209	following is substituted in lieu thereof (Effective July 1, 2020): 146
210	210	(a) Except as provided in section 10a-151h, a state agency or 147
211	211	institution or quasi-public agency that is seeking a contractor for a large 148
212	212	state construction or procurement contract shall provide the summary 149
213	213	of state ethics laws developed by the Office of State Ethics pursuant to 150
214	214	section 1-81b to any person seeking a large state construction or 151
215	215	procurement contract. [Such person shall affirm to the agency or 152
216	216	institution, in writing or electronically, (1) receipt of such summary, and 153
217	217	(2) that key employees of such person have read and understand the 154
218	218	summary and agree to comply with the provisions of state ethics law. 155
219	219	After the initial submission of such affirmation, such person shall not be 156
220	220	required to resubmit such affirmation unless there is a change in the 157
221	221	information contained in the affirmation. If there is any change in the 158
222	222	information contained in the most recently filed affirmation, such 159
223	223	person shall submit an updated affirmation either (A) not later than 160
224	224	thirty days after the effective date of any such change, or (B) upon the 161
225	225	submittal of any new bid or proposal, whichever is earlier.] No state 162
226	226	agency or institution or quasi-public agency shall [accept a bid or 163
227	227	proposal for] enter into a large state construction or procurement 164
228	228	contract [without such affirmation] unless such contract contains a 165
229	229	representation that the chief executive officer or authorized signatory of 166
230	230	the contract and all key employees of such officer or signatory have read 167
231	231	and understood the summary and agree to comply with the provisions 168
232	232	of state ethics law. 169
233	233	(b) Except as provided in section 10a-151h, prior to entering into a 170
234	234	contract with any subcontractors or consultants, each large state 171
235	235	construction or procurement contractor shall [(1)] provide the summary 172
236	236	of state ethics laws described in subsection (a) of this section to all 173
237	237	subcontractors and consultants. [, and (2) obtain an affirmation from 174
238	238	each subcontractor and consultant that such subcontractor and 175 Governor's Bill No. 5012
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240	240
241	241
242	242	LCO No. 595 7 of 26
243	243
244	244	consultant has received such summary and key employees of such 176
245	245	subcontractor and consultant have read and understand the summary 177
246	246	and agree to comply with its provisions. The contractor shall provide 178
247	247	such affirmations to the state agency, institution or quasi-public agency 179
248	248	not later than fifteen days after the request of such agency, institution or 180
249	249	quasi-public agency for such affirmation.] Each contract entered into 181
250	250	with a subcontractor or consultant on or after July 1, 2020, shall include 182
251	251	a representation that each subcontractor or consultant and the key 183
252	252	employees of such subcontractor or consultant have read and 184
253	253	understood the summary and agree to comply with the provisions of 185
254	254	state ethics law. Failure to [submit such affirmations in a timely manner] 186
255	255	include such representations in such contracts with subcontractors or 187
256	256	consultants shall be cause for termination of the large state construction 188
257	257	or procurement contract. 189
258	258	(c) Each contract with a contractor, subcontractor or consultant 190
259	259	described in subsection (a) or (b) of this section shall incorporate such 191
260	260	summary by reference as a part of the contract terms. 192
261	261	Sec. 5. Section 4-252 of the general statutes is repealed and the 193
262	262	following is substituted in lieu thereof (Effective July 1, 2020): 194
263	263	(a) Except as provided in section 10a-151f, on and after July 1, [2006] 195
264	264	2020, no state agency or quasi-public agency shall execute a large state 196
265	265	contract unless [the state agency or quasi-public agency obtains the 197
266	266	written or electronic certification] such contract contains the 198
267	267	representations described in this section. [Each such certification shall 199
268	268	be sworn as true to the best knowledge and belief of the person signing 200
269	269	the certification, subject to the penalties of false statement. If there is any 201
270	270	change in the information contained in the most recently filed 202
271	271	certification, such person shall submit an updated certification either (1) 203
272	272	not later than thirty days after the effective date of any such change, or 204
273	273	(2) upon the submittal of any new bid or proposal for a large state 205
274	274	contract, whichever is earlier. Such person shall also submit to the state 206
275	275	agency or quasi-public agency an accurate, updated certification not 207
276	276	later than fourteen days after the twelve-month anniversary of the most 208 Governor's Bill No. 5012
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278	278
279	279
280	280	LCO No. 595 8 of 26
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282	282	recently filed certification or updated certification.] 209
283	283	(b) The official or employee of such state agency or quasi-public 210
284	284	agency who is authorized to execute state contracts shall [certify] 211
285	285	represent that the selection of the most qualified or highest ranked 212
286	286	person, firm or corporation was not the result of collusion, the giving of 213
287	287	a gift or the promise of a gift, compensation, fraud or inappropriate 214
288	288	influence from any person. 215
289	289	(c) Any principal or key personnel of the person, firm or corporation 216
290	290	submitting a bid or proposal for a large state contract shall [certify] 217
291	291	represent: 218
292	292	(1) That no gifts were made by (A) such person, firm, corporation, (B) 219
293	293	any principals and key personnel of the person, firm or corporation, 220
294	294	who participate substantially in preparing bids, proposals or 221
295	295	negotiating state contracts, or (C) any agent of such person, firm, 222
296	296	corporation or principals and key personnel, who participates 223
297	297	substantially in preparing bids, proposals or negotiating state contracts, 224
298	298	to (i) any public official or state employee of the state agency or quasi-225
299	299	public agency soliciting bids or proposals for state contracts, who 226
300	300	participates substantially in the preparation of bid solicitations or 227
301	301	requests for proposals for state contracts or the negotiation or award of 228
302	302	state contracts, or (ii) any public official or state employee of any other 229
303	303	state agency, who has supervisory or appointing authority over such 230
304	304	state agency or quasi-public agency; 231
305	305	(2) That no such principals and key personnel of the person, firm or 232
306	306	corporation, or agent of such person, firm or corporation or principals 233
307	307	and key personnel, knows of any action by the person, firm or 234
308	308	corporation to circumvent such prohibition on gifts by providing for 235
309	309	any other principals and key personnel, official, employee or agent of 236
310	310	the person, firm or corporation to provide a gift to any such public 237
311	311	official or state employee; and 238
312	312	(3) That the person, firm or corporation is submitting bids or 239
313	313	proposals without fraud or collusion with any person. 240 Governor's Bill No. 5012
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317	317	LCO No. 595 9 of 26
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319	319	(d) Any bidder or proposer that does not [make the certification] 241
320	320	agree to the representations required under this section shall be 242
321	321	[disqualified] rejected and the state agency or quasi-public agency shall 243
322	322	award the contract to the next highest ranked proposer or the next 244
323	323	lowest responsible qualified bidder or seek new bids or proposals. 245
324	324	(e) Each state agency and quasi-public agency shall include in the bid 246
325	325	specifications or request for proposals for a large state contract a notice 247
326	326	of the [certification] representation requirements of this section. 248
327	327	Sec. 6. Section 4-252a of the general statutes is repealed and the 249
328	328	following is substituted in lieu thereof (Effective July 1, 2020): 250
329	329	(a) For purposes of this section, "state agency" and "quasi-public 251
330	330	agency" have the same meanings as provided in section 1-79, "large state 252
331	331	contract" has the same meaning as provided in section 4-250 and "entity" 253
332	332	means any corporation, general partnership, limited partnership, 254
333	333	limited liability partnership, joint venture, nonprofit organization or 255
334	334	other business organization whose principal place of business is located 256
335	335	outside of the United States, but excludes any United States subsidiary 257
336	336	of a foreign corporation. 258
337	337	(b) No state agency or quasi-public agency shall enter into any large 259
338	338	state contract, or amend or renew any such contract with any entity 260
339	339	[who (1) has failed to submit a written certification indicating whether 261
340	340	or not such entity has] unless such contract contains a representation 262
341	341	that such entity has not made a direct investment of twenty million 263
342	342	dollars or more in the energy sector of Iran on or after October 1, 2013, 264
343	343	as described in Section 202 of the Comprehensive Iran Sanctions, 265
344	344	Accountability and Divestment Act of 2010, [or has] and has not 266
345	345	increased or renewed such investment on or after said date. [, or (2) has 267
346	346	submitted a written certification indicating that such entity has made 268
347	347	such an investment on or after October 1, 2013, or has increased or 269
348	348	renewed such an investment on or after said date. Each such 270
349	349	certification shall be sworn as true to the best knowledge and belief of 271
350	350	the entity signing the certification, subject to the penalties of false 272 Governor's Bill No. 5012
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353	353
354	354	LCO No. 595 10 of 26
355	355
356	356	statement.] 273
357	357	(c) Each state agency and quasi-public agency shall include in the bid 274
358	358	specifications or request for proposals for a large state contract a notice 275
359	359	of the [certification] representation requirements of this section. [Prior 276
360	360	to submitting a bid or proposal for a large state contract, each bidder or 277
361	361	proposer who is an entity shall submit a certification that such bidder or 278
362	362	proposer has or has not made an investment as described in subsection 279
363	363	(b) of this section.] 280
364	364	(d) Any entity [who] that makes a good faith effort to determine 281
365	365	whether such entity has made an investment described in subsection (b) 282
366	366	of this section shall not be subject to the penalties of false statement 283
367	367	pursuant to this section. A "good faith effort" for purposes of this 284
368	368	subsection includes a determination that such entity is not on the list of 285
369	369	persons who engage in certain investment activities in Iran created by 286
370	370	the Department of General Services of the state of California pursuant 287
371	371	to Division 2, Chapter 2.7 of the California Public Contract Code. 288
372	372	Nothing in this subsection shall be construed to impair the ability of the 289
373	373	state agency or quasi-public agency to pursue a breach of contract action 290
374	374	for any violation of the provisions of the contract. 291
375	375	(e) The provisions of this section shall not apply to any contract of the 292
376	376	Treasurer as trustee of the Connecticut retirement plans and trust funds, 293
377	377	as defined in section 3-13c, provided nothing in this subsection shall be 294
378	378	construed to prevent the Treasurer from performing his or her fiduciary 295
379	379	duties under section 3-13g. 296
380	380	Sec. 7. Section 4a-81 of the general statutes is repealed and the 297
381	381	following is substituted in lieu thereof (Effective July 1, 2020): 298
382	382	(a) Except as provided in section 10a-151f, no state agency or quasi-299
383	383	public agency shall execute a contract for the purchase of goods or 300
384	384	services, which contract has a total value to the state of fifty thousand 301
385	385	dollars or more in any calendar or fiscal year, unless [the state agency or 302
386	386	quasi-public agency obtains the affidavit] such contract contains the 303
387	387	representations described in subsection (b) of this section. 304 Governor's Bill No. 5012
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389	389
390	390
391	391	LCO No. 595 11 of 26
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393	393	(b) (1) [Any principal or key personnel of a person, firm or 305
394	394	corporation who submit bids or proposals for a] Each contract described 306
395	395	in subsection (a) of this section shall [attest in an affidavit as to] include 307
396	396	a representation whether any consulting agreement has been entered 308
397	397	into in connection with any such contract. Such [affidavit] 309
398	398	representation shall be required if any duties of the consultant included 310
399	399	communications concerning business of a state or quasi-public agency, 311
400	400	whether or not direct contact with a state agency, state or public official 312
401	401	or state employee was expected or made. As used in this section, 313
402	402	"consulting agreement" means any written or oral agreement to retain 314
403	403	the services, for a fee, of a consultant for the purposes of (A) providing 315
404	404	counsel to a contractor, vendor, consultant or other entity seeking to 316
405	405	conduct, or conducting, business with the state, (B) contacting, whether 317
406	406	in writing or orally, any executive, judicial, or administrative office of 318
407	407	the state, including any department, institution, bureau, board, 319
408	408	commission, authority, official or employee for the purpose of 320
409	409	solicitation, dispute resolution, introduction, requests for information, 321
410	410	or (C) any other similar activity related to such contracts. "Consulting 322
411	411	agreement" does not include any agreements entered into with a 323
412	412	consultant who is registered under the provisions of chapter 10 as of the 324
413	413	date such [affidavit is submitted] contract is executed in accordance 325
414	414	with the provisions of this section. 326
415	415	(2) Such [affidavit] representation shall be sworn as true to the best 327
416	416	knowledge and belief of the person signing the [certification on the 328
417	417	affidavit] contract and shall be subject to the penalties of false statement. 329
418	418	(3) Such [affidavit] representation shall include the following 330
419	419	information for each consulting agreement listed: The name of the 331
420	420	consultant, the consultant's firm, the basic terms of the consulting 332
421	421	agreement, a brief description of the services provided, and an 333
422	422	indication as to whether the consultant is a former state employee or 334
423	423	public official. If the consultant is a former state employee or public 335
424	424	official, such [affidavit] representation shall indicate his or her former 336
425	425	agency and the date such employment terminated. 337 Governor's Bill No. 5012
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429	429	LCO No. 595 12 of 26
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431	431	[(4) After the initial submission of such affidavit, the principal or key 338
432	432	personnel of the person, firm or corporation shall not be required to 339
433	433	resubmit such affidavit unless there is a change in the information 340
434	434	contained in such affidavit. If there is any change in the information 341
435	435	contained in the most recently filed affidavit required under this section, 342
436	436	the principal or key personnel of a person, firm or corporation who 343
437	437	submit bids or proposals for a contract described in subsection (a) of this 344
438	438	section shall submit an updated affidavit either (A) not later than thirty 345
439	439	days after the effective date of any such change, or (B) upon the 346
440	440	submittal of any new bid or proposal, whichever is earlier.] 347
441	441	(c) Each state agency and quasi-public agency shall include a notice 348
442	442	of the [affidavit] representation requirements of this section in the bid 349
443	443	specifications or request for proposals for any contract that is described 350
444	444	in subsection (a) of this section. 351
445	445	(d) If a bidder or vendor refuses to [submit the affidavit] agree to the 352
446	446	representations required under [subsection] subsections (a) and (b) of 353
447	447	this section, such bidder or vendor shall be [disqualified] rejected and 354
448	448	the state agency or quasi-public agency shall award the contract to the 355
449	449	next highest ranked vendor or the next lowest responsible qualified 356
450	450	bidder or seek new bids or proposals. 357
451	451	Sec. 8. Subdivision (2) of subsection (f) of section 9-612 of the general 358
452	452	statutes is repealed and the following is substituted in lieu thereof 359
453	453	(Effective July 1, 2020): 360
454	454	(2) (A) No state contractor, prospective state contractor, principal of 361
455	455	a state contractor or principal of a prospective state contractor, with 362
456	456	regard to a state contract or a state contract solicitation with or from a 363
457	457	state agency in the executive branch or a quasi-public agency or a 364
458	458	holder, or principal of a holder, of a valid prequalification certificate, 365
459	459	shall make a contribution to, or, on and after January 1, 2011, knowingly 366
460	460	solicit contributions from the state contractor's or prospective state 367
461	461	contractor's employees or from a subcontractor or principals of the 368
462	462	subcontractor on behalf of (i) an exploratory committee or candidate 369 Governor's Bill No. 5012
463	463
464	464
465	465
466	466	LCO No. 595 13 of 26
467	467
468	468	committee established by a candidate for nomination or election to the 370
469	469	office of Governor, Lieutenant Governor, Attorney General, State 371
470	470	Comptroller, Secretary of the State or State Treasurer, (ii) a political 372
471	471	committee authorized to make contributions or expenditures to or for 373
472	472	the benefit of such candidates, or (iii) a party committee; 374
473	473	(B) No state contractor, prospective state contractor, principal of a 375
474	474	state contractor or principal of a prospective state contractor, with 376
475	475	regard to a state contract or a state contract solicitation with or from the 377
476	476	General Assembly or a holder, or principal of a holder, of a valid 378
477	477	prequalification certificate, shall make a contribution to, or, on and after 379
478	478	January 1, 2011, knowingly solicit contributions from the state 380
479	479	contractor's or prospective state contractor's employees or from a 381
480	480	subcontractor or principals of the subcontractor on behalf of (i) an 382
481	481	exploratory committee or candidate committee established by a 383
482	482	candidate for nomination or election to the office of state senator or state 384
483	483	representative, (ii) a political committee authorized to make 385
484	484	contributions or expenditures to or for the benefit of such candidates, or 386
485	485	(iii) a party committee; 387
486	486	(C) If a state contractor or principal of a state contractor makes or 388
487	487	solicits a contribution as prohibited under subparagraph (A) or (B) of 389
488	488	this subdivision, as determined by the State Elections Enforcement 390
489	489	Commission, the contracting state agency or quasi-public agency may, 391
490	490	in the case of a state contract executed on or after February 8, 2007, void 392
491	491	the existing contract with such contractor, and no state agency or quasi-393
492	492	public agency shall award the state contractor a state contract or an 394
493	493	extension or an amendment to a state contract for one year after the 395
494	494	election for which such contribution is made or solicited unless the 396
495	495	commission determines that mitigating circumstances exist concerning 397
496	496	such violation. No violation of the prohibitions contained in 398
497	497	subparagraph (A) or (B) of this subdivision shall be deemed to have 399
498	498	occurred if, and only if, the improper contribution is returned to the 400
499	499	principal by the later of thirty days after receipt of such contribution by 401
500	500	the recipient committee treasurer or the filing date that corresponds 402
501	501	with the reporting period in which such contribution was made; 403 Governor's Bill No. 5012
502	502
503	503
504	504
505	505	LCO No. 595 14 of 26
506	506
507	507	(D) If a prospective state contractor or principal of a prospective state 404
508	508	contractor makes or solicits a contribution as prohibited under 405
509	509	subparagraph (A) or (B) of this subdivision, as determined by the State 406
510	510	Elections Enforcement Commission, no state agency or quasi-public 407
511	511	agency shall award the prospective state contractor the contract 408
512	512	described in the state contract solicitation or any other state contract for 409
513	513	one year after the election for which such contribution is made or 410
514	514	solicited unless the commission determines that mitigating 411
515	515	circumstances exist concerning such violation. The Commissioner of 412
516	516	Administrative Services shall notify applicants of the provisions of this 413
517	517	subparagraph and subparagraphs (A) and (B) of this subdivision during 414
518	518	the prequalification application process; [and] 415
519	519	(E) The State Elections Enforcement Commission shall make 416
520	520	available to each state agency and quasi-public agency a written notice 417
521	521	advising state contractors and prospective state contractors of the 418
522	522	contribution and solicitation prohibitions contained in subparagraphs 419
523	523	(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 420
524	524	contractor and prospective state contractor to inform each individual 421
525	525	described in subparagraph (F) of subdivision (1) of this subsection, with 422
526	526	regard to such state contractor or prospective state contractor, about the 423
527	527	provisions of subparagraph (A) or (B) of this subdivision, whichever is 424
528	528	applicable, and this subparagraph; (ii) inform each state contractor and 425
529	529	prospective state contractor of the civil and criminal penalties that could 426
530	530	be imposed for violations of such prohibitions if any such contribution 427
531	531	is made or solicited; (iii) inform each state contractor and prospective 428
532	532	state contractor that, in the case of a state contractor, if any such 429
533	533	contribution is made or solicited, the contract may be voided; (iv) inform 430
534	534	each state contractor and prospective state contractor that, in the case of 431
535	535	a prospective state contractor, if any such contribution is made or 432
536	536	solicited, the contract described in the state contract solicitation shall not 433
537	537	be awarded, unless the commission determines that mitigating 434
538	538	circumstances exist concerning such violation; and (v) inform each state 435
539	539	contractor and prospective state contractor that the state will not award 436
540	540	any other state contract to anyone found in violation of such 437 Governor's Bill No. 5012
541	541
542	542
543	543
544	544	LCO No. 595 15 of 26
545	545
546	546	prohibitions for a period of one year after the election for which such 438
547	547	contribution is made or solicited, unless the commission determines that 439
548	548	mitigating circumstances exist concerning such violation. Each state 440
549	549	agency and quasi-public agency shall [distribute such notice to the chief 441
550	550	executive officer of its contractors and prospective state contractors, or 442
551	551	an authorized signatory to a state contract, and shall obtain a written 443
552	552	acknowledgment of the receipt of such notice.] include in the bid 444
553	553	specifications or request for proposals for a state contract, a copy of or 445
554	554	Internet link to such notice. No state agency or quasi-public agency shall 446
555	555	execute a state contract unless such contract contains a representation 447
556	556	that the chief executive officer or authorized signatory of the contract 448
557	557	has received such notice; and 449
558	558	(F) (i) Any principal of the state contractor or prospective state 450
559	559	contractor submitting a bid or proposal for a state contract shall certify 451
560	560	that neither the contractor or prospective state contractor, nor any of its 452
561	561	principals, have made any contributions to, or solicited any 453
562	562	contributions on behalf of, any party committee, exploratory committee, 454
563	563	candidate for state-wide office or for the General Assembly, or political 455
564	564	committee authorized to make contributions to or expenditures to or for, 456
565	565	the benefit of such candidates, in the previous four years, that were 457
566	566	determined by the State Elections Enforcement Commission to be in 458
567	567	violation of subparagraph (A) or (B) of this subdivision, without 459
568	568	mitigating circumstances having been found to exist concerning such 460
569	569	violation. Each such certification shall be sworn as true to the best 461
570	570	knowledge and belief of the person signing the certification, subject to 462
571	571	the penalties of false statement. If there is any change in the information 463
572	572	contained in the most recently filed certification, such person shall 464
573	573	submit an updated certification not later than thirty days after the 465
574	574	effective date of any such change or upon the submittal of any new bid 466
575	575	or proposal for a state contract, whichever is earlier. 467
576	576	(ii) Each state agency and quasi-public agency shall include in the bid 468
577	577	specifications or request for proposals for a state contract a notice of the 469
578	578	certification requirements of this subparagraph. No state agency or 470
579	579	quasi-public agency shall execute a state contract unless the state agency 471 Governor's Bill No. 5012
580	580
581	581
582	582
583	583	LCO No. 595 16 of 26
584	584
585	585	or quasi-public agency obtains the written certification described in this 472
586	586	subparagraph. 473
587	587	(iii) Any principal of the state contractor or prospective state 474
588	588	contractor submitting a bid or proposal for a state contract shall disclose 475
589	589	on the certification all contributions made by any of its principals to any 476
590	590	party committee, exploratory committee, candidate for state-wide office 477
591	591	or for the General Assembly, or political committee authorized to make 478
592	592	contributions to or expenditures to or for the benefit of such candidates 479
593	593	for a period of four years prior to the signing of the contract or date of 480
594	594	the response to the bid, whichever is longer, and certify that all such 481
595	595	contributions have been disclosed. 482
596	596	Sec. 9. Subsection (c) of section 4a-60 of the general statutes is 483
597	597	repealed and the following is substituted in lieu thereof (Effective July 1, 484
598	598	2020): 485
599	599	(c) Except as provided in section 10a-151i: 486
600	600	(1) Any [contractor who has one or more contracts] contract with an 487
601	601	awarding agency, [or who is a party to a] municipal public works 488
602	602	contract or a contract for a quasi-public agency project [, where any such 489
603	603	contract is valued at less than fifty thousand dollars for each year of the 490
604	604	contract, shall provide the awarding agency, or in the case of a 491
605	605	municipal public works or quasi-public agency project contract, the 492
606	606	Commission on Human Rights and Opportunities, with a written or 493
607	607	electronic representation that complies with the nondiscrimination 494
608	608	agreement and warranty under subdivision (1) of subsection (a) of this 495
609	609	section, provided if there is any change in such representation, the 496
610	610	contractor shall provide the updated representation to the awarding 497
611	611	agency or commission not later than thirty days after such change] shall 498
612	612	include a nondiscrimination affirmation provision certifying that the 499
613	613	contractor understands the obligations of this section and will maintain 500
614	614	a policy for the duration of the contract to assure that the contract will 501
615	615	be performed in compliance with the nondiscrimination requirements 502
616	616	of subsection (a) of this section. The authorized signatory of the contract 503 Governor's Bill No. 5012
617	617
618	618
619	619
620	620	LCO No. 595 17 of 26
621	621
622	622	shall demonstrate his or her understanding of this obligation by either 504
623	623	(A) initialing the nondiscrimination affirmation provision in the body of 505
624	624	the contract, or (B) providing an affirmative response in the required 506
625	625	online bid or response to a proposal question which asks if the 507
626	626	contractor understands its obligations. 508
627	627	[(2) Any contractor who has one or more contracts with an awarding 509
628	628	agency or who is a party to a municipal public works contract or a 510
629	629	contract for a quasi-public agency project, where any such contract is 511
630	630	valued at fifty thousand dollars or more for any year of the contract, 512
631	631	shall provide the awarding agency, or in the case of a municipal public 513
632	632	works or quasi-public agency project contract, the Commission on 514
633	633	Human Rights and Opportunities, with any one of the following: 515
634	634	(A) Documentation in the form of a company or corporate policy 516
635	635	adopted by resolution of the board of directors, shareholders, managers, 517
636	636	members or other governing body of such contractor that complies with 518
637	637	the nondiscrimination agreement and warranty under subdivision (1) of 519
638	638	subsection (a) of this section; 520
639	639	(B) Documentation in the form of a company or corporate policy 521
640	640	adopted by a prior resolution of the board of directors, shareholders, 522
641	641	managers, members or other governing body of such contractor if (i) the 523
642	642	prior resolution is certified by a duly authorized corporate officer of 524
643	643	such contractor to be in effect on the date the documentation is 525
644	644	submitted, and (ii) the head of the awarding agency, or a designee, or in 526
645	645	the case of a municipal public works or quasi-public agency project 527
646	646	contract, the executive director of the Commission on Human Rights 528
647	647	and Opportunities or a designee, certifies that the prior resolution 529
648	648	complies with the nondiscrimination agreement and warranty under 530
649	649	subdivision (1) of subsection (a) of this section; or 531
650	650	(C) Documentation in the form of an affidavit signed under penalty 532
651	651	of false statement by a chief executive officer, president, chairperson or 533
652	652	other corporate officer duly authorized to adopt company or corporate 534
653	653	policy that certifies that the company or corporate policy of the 535 Governor's Bill No. 5012
654	654
655	655
656	656
657	657	LCO No. 595 18 of 26
658	658
659	659	contractor complies with the nondiscrimination agreement and 536
660	660	warranty under subdivision (1) of subsection (a) of this section and is in 537
661	661	effect on the date the affidavit is signed.] 538
662	662	[(3)] (2) No awarding agency, or in the case of a municipal public 539
663	663	works contract, no municipality, or in the case of a quasi-public agency 540
664	664	project contract, no entity, shall award a contract to a contractor [who] 541
665	665	that has not [provided the representation or documentation] 542
666	666	demonstrated its understanding of the nondiscrimination affirmation 543
667	667	provision included in the contract as required under [subdivisions] 544
668	668	subdivision (1) [and (2)] of this subsection. [, as applicable. After the 545
669	669	initial submission of such representation or documentation, the 546
670	670	contractor shall not be required to resubmit such representation or 547
671	671	documentation unless there is a change in the information contained in 548
672	672	such representation or documentation. If there is any change in the 549
673	673	information contained in the most recently filed representation or 550
674	674	updated documentation, the contractor shall submit an updated 551
675	675	representation or documentation, as applicable, either (A) not later than 552
676	676	thirty days after the effective date of such change, or (B) upon the 553
677	677	execution of a new contract with the awarding agency, municipality or 554
678	678	entity, as applicable, whichever is earlier. Such contractor shall also 555
679	679	certify, in accordance with subparagraph (B) or (C) of subdivision (2) of 556
680	680	this subsection, to the awarding agency or commission, as applicable, 557
681	681	not later than fourteen days after the twelve-month anniversary of the 558
682	682	most recently filed representation, documentation or updated 559
683	683	representation or documentation, that the representation on file with the 560
684	684	awarding agency or commission, as applicable, is current and accurate.] 561
685	685	Sec. 10. Subsection (b) of section 4a-60a of the general statutes is 562
686	686	repealed and the following is substituted in lieu thereof (Effective July 1, 563
687	687	2020): 564
688	688	(b) Except as provided in section 10a-151i: 565
689	689	(1) Any [contractor who has one or more contracts] contract with an 566
690	690	awarding agency, [or who is a party to a] municipal public works 567 Governor's Bill No. 5012
691	691
692	692
693	693
694	694	LCO No. 595 19 of 26
695	695
696	696	contract or a contract for a quasi-public agency project [, where any such 568
697	697	contract is valued at less than fifty thousand dollars for each year of the 569
698	698	contract, shall provide the awarding agency, or in the case of a 570
699	699	municipal public works or quasi-public agency project contract, the 571
700	700	Commission on Human Rights and Opportunities, with a written 572
701	701	representation that complies with the nondiscrimination agreement and 573
702	702	warranty under subdivision (1) of subsection (a) of this section] shall 574
703	703	include a nondiscrimination affirmation provision in the contract 575
704	704	certifying that the contractor understands the obligations of this section 576
705	705	and will maintain a policy for the duration of the contract to assure that 577
706	706	the contract will be performed in conformance with the 578
707	707	nondiscrimination requirements of this section. The authorized 579
708	708	signatory of the contract shall demonstrate his or her understanding of 580
709	709	this obligation by either (A) initialing the nondiscrimination affirmation 581
710	710	provision in the body of the contract, or (B) providing an affirmative 582
711	711	response in the required online bid or response to a proposal question 583
712	712	which asks if the contractor understands its obligations. 584
713	713	[(2) Any contractor who has one or more contracts with an awarding 585
714	714	agency or who is a party to a municipal public works contract or a 586
715	715	contract for a quasi-public agency project, where any such contract is 587
716	716	valued at fifty thousand dollars or more for any year of the contract, 588
717	717	shall provide such awarding agency, or in the case of a municipal public 589
718	718	works or quasi-public agency project contract, the Commission on 590
719	719	Human Rights and Opportunities, with any of the following: 591
720	720	(A) Documentation in the form of a company or corporate policy 592
721	721	adopted by resolution of the board of directors, shareholders, managers, 593
722	722	members or other governing body of such contractor that complies with 594
723	723	the nondiscrimination agreement and warranty under subdivision (1) of 595
724	724	subsection (a) of this section; 596
725	725	(B) Documentation in the form of a company or corporate policy 597
726	726	adopted by a prior resolution of the board of directors, shareholders, 598
727	727	managers, members or other governing body of such contractor if (i) the 599
728	728	prior resolution is certified by a duly authorized corporate officer of 600 Governor's Bill No. 5012
729	729
730	730
731	731
732	732	LCO No. 595 20 of 26
733	733
734	734	such contractor to be in effect on the date the documentation is 601
735	735	submitted, and (ii) the head of the awarding agency, or a designee, or in 602
736	736	the case of a municipal public works or quasi-public agency project 603
737	737	contract, the executive director of the Commission on Human Rights 604
738	738	and Opportunities or a designee, certifies that the prior resolution 605
739	739	complies with the nondiscrimination agreement and warranty under 606
740	740	subdivision (1) of subsection (a) of this section; or 607
741	741	(C) Documentation in the form of an affidavit signed under penalty 608
742	742	of false statement by a chief executive officer, president, chairperson or 609
743	743	other corporate officer duly authorized to adopt company or corporate 610
744	744	policy that certifies that the company or corporate policy of the 611
745	745	contractor complies with the nondiscrimination agreement and 612
746	746	warranty under subdivision (1) of subsection (a) of this section and is in 613
747	747	effect on the date the affidavit is signed.] 614
748	748	[(3)] (2) No awarding agency, or in the case of a municipal public 615
749	749	works contract, no municipality, or in the case of a quasi-public agency 616
750	750	project contract, no entity, shall award a contract to a contractor who has 617
751	751	not [provided the representation or documentation] demonstrated its 618
752	752	understanding of the nondiscrimination affirmation provision included 619
753	753	in the contract as required under [subdivisions] subdivision (1) [and (2)] 620
754	754	of this subsection. [, as applicable. After the initial submission of such 621
755	755	representation or documentation, the contractor shall not be required to 622
756	756	resubmit such representation or documentation unless there is a change 623
757	757	in the information contained in such representation or documentation. 624
758	758	If there is any change in the information contained in the most recently 625
759	759	filed representation or updated documentation, the contractor shall 626
760	760	submit an updated representation or documentation, as applicable, 627
761	761	either (A) not later than thirty days after the effective date of such 628
762	762	change, or (B) upon the execution of a new contract with the awarding 629
763	763	agency, municipality, or entity, as applicable, whichever is earlier. Such 630
764	764	contractor shall also certify, in accordance with subparagraph (B) or (C) 631
765	765	of subdivision (2) of this subsection, to the awarding agency or 632
766	766	commission, as applicable, not later than fourteen days after the twelve-633
767	767	month anniversary of the most recently filed representation, 634 Governor's Bill No. 5012
768	768
769	769
770	770
771	771	LCO No. 595 21 of 26
772	772
773	773	documentation or updated representation or documentation, that the 635
774	774	representation on file with the awarding agency or commission, as 636
775	775	applicable, is current and accurate.] 637
776	776	Sec. 11. Subsection (a) of section 4a-60g of the 2020 supplement to the 638
777	777	general statutes is repealed and the following is substituted in lieu 639
778	778	thereof (Effective October 1, 2020, and applicable to certifications issued or 640
779	779	renewed on or after said date): 641
780	780	(a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the 642
781	781	following terms have the following meanings: 643
782	782	(1) "Small contractor" means any contractor, subcontractor, 644
783	783	manufacturer, service company or nonprofit corporation that (A) [that] 645
784	784	maintains its principal place of business in the state, [(B) that had gross 646
785	785	revenues not exceeding twenty million dollars in the most recently 647
786	786	completed fiscal year prior to such application, and (C) that is 648
787	787	independent. "Small contractor" does not include any person who is 649
788	788	affiliated with another person if both persons considered together have 650
789	789	a gross revenue exceeding twenty million dollars] and (B) is certified as 651
790	790	a small business with the United States Small Business Administration. 652
791	791	[(2) "Independent" means the viability of the enterprise of the small 653
792	792	contractor does not depend upon another person, as determined by an 654
793	793	analysis of the small contractor's relationship with any other person in 655
794	794	regards to the provision of personnel, facilities, equipment, other 656
795	795	resources and financial support, including bonding.] 657
796	796	[(3)] (2) "State agency" means each state board, commission, 658
797	797	department, office, institution, council or other agency with the power 659
798	798	to contract for goods or services itself or through its head. 660
799	799	[(4)] (3) "Minority business enterprise" means any small contractor 661
800	800	(A) fifty-one per cent or more of the capital stock, if any, or assets of 662
801	801	which are owned by a person or persons who (i) exercise operational 663
802	802	authority over the daily affairs of the enterprise, (ii) have the power to 664
803	803	direct the management and policies and receive the beneficial interest of 665 Governor's Bill No. 5012
804	804
805	805
806	806
807	807	LCO No. 595 22 of 26
808	808
809	809	the enterprise, (iii) possess managerial and technical competence and 666
810	810	experience directly related to the principal business activities of the 667
811	811	enterprise, and (iv) are members of a minority, as such term is defined 668
812	812	in subsection (a) of section 32-9n, or are individuals with a disability, or 669
813	813	(B) which is a nonprofit corporation in which fifty-one per cent or more 670
814	814	of the persons who (i) exercise operational authority over the enterprise, 671
815	815	(ii) possess managerial and technical competence and experience 672
816	816	directly related to the principal business activities of the enterprise, (iii) 673
817	817	have the power to direct the management and policies of the enterprise, 674
818	818	and (iv) are members of a minority, as defined in this [subsection] 675
819	819	subdivision, or are individuals with a disability. 676
820	820	[(5)] (4) "Affiliated" means the relationship in which a person directly, 677
821	821	or indirectly through one or more intermediaries, controls, is controlled 678
822	822	by or is under common control with another person. 679
823	823	[(6)] (5) "Control" means the power to direct or cause the direction of 680
824	824	the management and policies of any person, whether through the 681
825	825	ownership of voting securities, by contract or through any other direct 682
826	826	or indirect means. Control shall be presumed to exist if any person, 683
827	827	directly or indirectly, owns, controls, holds with the power to vote, or 684
828	828	holds proxies representing, twenty per cent or more of any voting 685
829	829	securities of another person. 686
830	830	[(7)] (6) "Person" means any individual, corporation, limited liability 687
831	831	company, partnership, association, joint stock company, business trust, 688
832	832	unincorporated organization or other entity. 689
833	833	[(8)] (7) "Individual with a disability" means an individual (A) having 690
834	834	a physical or mental impairment that substantially limits one or more of 691
835	835	the major life activities of the individual, which mental impairment may 692
836	836	include, but is not limited to, having one or more mental disorders, as 693
837	837	defined in the most recent edition of the American Psychiatric 694
838	838	Association's "Diagnostic and Statistical Manual of Mental Disorders", 695
839	839	or (B) having a record of such an impairment. 696
840	840	[(9)] (8) "Nonprofit corporation" means a nonprofit corporation 697 Governor's Bill No. 5012
841	841
842	842
843	843
844	844	LCO No. 595 23 of 26
845	845
846	846	incorporated pursuant to chapter 602 or any predecessor statutes 698
847	847	thereto. 699
848	848	[(10)] (9) "Municipality" means any town, city, borough, consolidated 700
849	849	town and city or consolidated town and borough. 701
850	850	[(11)] (10) "Quasi-public agency" has the same meaning as provided 702
851	851	in section 1-120. 703
852	852	[(12)] (11) "Awarding agency" means a state agency or political 704
853	853	subdivision of the state other than a municipality. 705
854	854	[(13)] (12) "Public works contract" has the same meaning as provided 706
855	855	in section 46a-68b. 707
856	856	[(14)] (13) "Municipal public works contract" means that portion of an 708
857	857	agreement entered into on or after October 1, 2015, between any 709
858	858	individual, firm or corporation and a municipality for the construction, 710
859	859	rehabilitation, conversion, extension, demolition or repair of a public 711
860	860	building, highway or other changes or improvements in real property, 712
861	861	which is financed in whole or in part by the state, including, but not 713
862	862	limited to, matching expenditures, grants, loans, insurance or 714
863	863	guarantees but excluding any project of an alliance district, as defined 715
864	864	in section 10-262u, financed by state funding in an amount equal to fifty 716
865	865	thousand dollars or less. 717
866	866	[(15)] (14) "Quasi-public agency project" means the construction, 718
867	867	rehabilitation, conversion, extension, demolition or repair of a building 719
868	868	or other changes or improvements in real property pursuant to a 720
869	869	contract entered into on or after October 1, 2015, which is financed in 721
870	870	whole or in part by a quasi-public agency using state funds, including, 722
871	871	but not limited to, matching expenditures, grants, loans, insurance or 723
872	872	guarantees. 724
873	873	Sec. 12. Subsection (f) of section 4a-60g of the 2020 supplement to the 725
874	874	general statutes is repealed and the following is substituted in lieu 726
875	875	thereof (Effective October 1, 2020, and applicable to certifications issued or 727 Governor's Bill No. 5012
876	876
877	877
878	878
879	879	LCO No. 595 24 of 26
880	880
881	881	renewed on or after said date): 728
882	882	(f) The awarding authority may require that a contractor or 729
883	883	subcontractor awarded a contract or a portion of a contract under this 730
884	884	section furnish the following documentation: (1) A copy of the certificate 731
885	885	of incorporation, certificate of limited partnership, partnership 732
886	886	agreement or other organizational documents of the contractor or 733
887	887	subcontractor; (2) a copy of federal income tax returns filed by the 734
888	888	contractor or subcontractor for the previous year; [and] (3) evidence of 735
889	889	payment of fair market value for the purchase or lease by the contractor 736
890	890	or subcontractor of property or equipment from another contractor who 737
891	891	is not eligible for set-aside contracts under this section; (4) for any 738
892	892	contractor or subcontractor certified under subsection (k) of this section 739
893	893	on or after October 1, 2020, evidence that the principal place of business 740
894	894	of the contractor or subcontractor is located in the state; and (5) for any 741
895	895	contractor or subcontractor certified under subsection (k) of this section 742
896	896	on or after October 1, 2020, evidence of certification with the United 743
897	897	States Small Business Administration as a small business. 744
898	898	Sec. 13. Subdivision (1) of subsection (k) of section 4a-60g of the 2020 745
899	899	supplement to the general statutes is repealed and the following is 746
900	900	substituted in lieu thereof (Effective October 1, 2020, and applicable to 747
901	901	certifications issued or renewed on or after said date): 748
902	902	(k) (1) On or before January 1, 2000, the Commissioner of 749
903	903	Administrative Services shall establish a process for certification of 750
904	904	small contractors and minority business enterprises as eligible for set-751
905	905	aside contracts. On and after October 1, 2020, such process shall require 752
906	906	small contractors and minority business enterprises to provide evidence 753
907	907	of certification with the United States Small Business Administration as 754
908	908	a small business. Each certification shall be valid for a period not to 755
909	909	exceed two years, unless the Commissioner of Administrative Services 756
910	910	determines that an extension of such certification is warranted, 757
911	911	provided any such extension shall not exceed a period of six months 758
912	912	from such certification's original expiration date. [Any paper 759
913	913	application for certification shall be no longer than six pages.] Any 760 Governor's Bill No. 5012
914	914
915	915
916	916
917	917	LCO No. 595 25 of 26
918	918
919	919	certification issued prior to October 1, 2020, shall remain valid for the 761
920	920	term listed on such certification unless revoked pursuant to subdivision 762
921	921	(2) of this subsection. The Department of Administrative Services shall 763
922	922	maintain on its web site an updated directory of small contractors and 764
923	923	minority business enterprises certified under this section. 765
924	924	Sec. 14. Section 4a-60b of the general statutes is repealed and the 766
925	925	following is substituted in lieu thereof (Effective July 1, 2020): 767
926	926	(a) For the purposes of this section: 768
927	927	(1) "Reverse auction" means an on-line bidding process in which 769
928	928	qualified bidders or qualified proposers, anonymous to each other, 770
929	929	submit bids or proposals to provide goods, [or] supplies or services 771
930	930	pursuant to an invitation to bid or request for proposals; and 772
931	931	(2) "Contracting agency" means a state agency with statutory 773
932	932	authority to award contracts for goods, [or] supplies or services, or a 774
933	933	political subdivision of the state or school district. 775
934	934	(b) Notwithstanding any provision of the general statutes, whenever 776
935	935	a contracting agency determines that the use of a reverse auction is 777
936	936	advantageous to the contracting agency and will ensure a competitive 778
937	937	contract award, the contracting agency may use a reverse auction to 779
938	938	award a contract for goods, [or] supplies or services, in accordance with 780
939	939	any applicable requirement of the general statutes and policies of the 781
940	940	contracting agency. The contracting agency may contract with a third 782
941	941	party to prepare and manage any such reverse auction. 783
942	942	This act shall take effect as follows and shall amend the following
943	943	sections:
944	944
945	945	Section 1 July 1, 2020 32-39e
946	946	Sec. 2 July 1, 2020 New section
947	947	Sec. 3 July 1, 2020 4-177
948	948	Sec. 4 July 1, 2020 1-101qq
949	949	Sec. 5 July 1, 2020 4-252
950	950	Sec. 6 July 1, 2020 4-252a Governor's Bill No. 5012
951	951
952	952
953	953
954	954	LCO No. 595 26 of 26
955	955
956	956	Sec. 7 July 1, 2020 4a-81
957	957	Sec. 8 July 1, 2020 9-612(f)(2)
958	958	Sec. 9 July 1, 2020 4a-60(c)
959	959	Sec. 10 July 1, 2020 4a-60a(b)
960	960	Sec. 11 October 1, 2020, and
961	961	applicable to certifications
962	962	issued or renewed on or
963	963	after said date
964	964	4a-60g(a)
965	965	Sec. 12 October 1, 2020, and
966	966	applicable to certifications
967	967	issued or renewed on or
968	968	after said date
969	969	4a-60g(f)
970	970	Sec. 13 October 1, 2020, and
971	971	applicable to certifications
972	972	issued or renewed on or
973	973	after said date
974	974	4a-60g(k)(1)
975	975	Sec. 14 July 1, 2020 4a-60b
976	976
977	977	Statement of Purpose:
978	978	To implement the Governor's budget recommendations.
979	979	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
980	980	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
981	981	underlined.]
982	982