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 Section 32-39e of the general statutes is repealed and the 1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