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6 | 6 | | LCO No. 2239 1 of 35 |
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7 | 7 | | |
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8 | 8 | | General Assembly Raised Bill No. 5400 |
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9 | 9 | | February Session, 2020 |
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10 | 10 | | LCO No. 2239 |
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12 | 12 | | |
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13 | 13 | | Referred to Committee on VETERANS' AFFAIRS |
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15 | 15 | | |
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16 | 16 | | Introduced by: |
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17 | 17 | | (VA) |
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21 | 21 | | |
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22 | 22 | | AN ACT CONCERNING VE TERAN-OWNED MICRO BU SINESSES. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. Subsection (c) of section 4a-59 of the general statutes is 1 |
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27 | 27 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
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28 | 28 | | 1, 2020): 3 |
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29 | 29 | | (c) All open market orders or contracts shall be awarded to (1) the 4 |
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30 | 30 | | lowest responsible qualified bidder, the qualities of the articles to be 5 |
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31 | 31 | | supplied, their conformity with the specifications, their suitability to the 6 |
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32 | 32 | | requirements of the state government and the delivery terms being 7 |
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33 | 33 | | taken into consideration and, at the discretion of the Commissioner of 8 |
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34 | 34 | | Administrative Services, life-cycle costs and trade-in or resale value of 9 |
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35 | 35 | | the articles may be considered where it appears to be in the best interest 10 |
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36 | 36 | | of the state, (2) the highest scoring bidder in a multiple criteria bid, in 11 |
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37 | 37 | | accordance with the criteria set forth in the bid solicitation for the 12 |
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38 | 38 | | contract, or (3) the proposer whose proposal is deemed by the awarding 13 |
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39 | 39 | | authority to be the most advantageous to the state, in accordance with 14 |
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40 | 40 | | the criteria set forth in the request for proposals, including price and 15 |
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41 | 41 | | evaluation factors. Notwithstanding any provision of the general 16 Raised Bill No. 5400 |
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44 | 44 | | |
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45 | 45 | | LCO No. 2239 2 of 35 |
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46 | 46 | | |
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47 | 47 | | statutes to the contrary, each state agency awarding a contract through 17 |
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48 | 48 | | competitive negotiation shall include price as an explicit factor in the 18 |
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49 | 49 | | criteria in the request for proposals and for the contract award. In 19 |
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50 | 50 | | considering past performance of a bidder for the purpose of 20 |
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51 | 51 | | determining the "lowest responsible qualified bidder" or the "highest 21 |
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52 | 52 | | scoring bidder in a multiple criteria bid", the commissioner shall 22 |
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53 | 53 | | evaluate the skill, ability and integrity of the bidder in terms of the 23 |
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54 | 54 | | bidder's fulfillment of past contract obligations and the bidder's 24 |
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55 | 55 | | experience or lack of experience in delivering supplies, materials, 25 |
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56 | 56 | | equipment or contractual services of the size or amount for which bids 26 |
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57 | 57 | | have been solicited. In determining the lowest responsible qualified 27 |
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58 | 58 | | bidder for the purposes of this section, the commissioner may give a 28 |
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59 | 59 | | price preference of up to ten per cent for (A) the purchase of goods made 29 |
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60 | 60 | | with recycled materials or the purchase of recyclable or remanufactured 30 |
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61 | 61 | | products if the commissioner determines that such preference would 31 |
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62 | 62 | | promote recycling or remanufacturing. As used in this subsection, 32 |
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63 | 63 | | "recyclable" means able to be collected, separated or otherwise 33 |
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64 | 64 | | recovered from the solid waste stream for reuse, or for use in the 34 |
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65 | 65 | | manufacture or assembly of another package or product, by means of a 35 |
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66 | 66 | | recycling program which is reasonably available to at least seventy-five 36 |
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67 | 67 | | per cent of the state's population, "remanufactured" means restored to 37 |
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68 | 68 | | its original function and thereby diverted from the solid waste stream 38 |
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69 | 69 | | by retaining the bulk of components that have been used at least once 39 |
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70 | 70 | | and by replacing consumable components and "remanufacturing" 40 |
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71 | 71 | | means any process by which a product is remanufactured; (B) the 41 |
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72 | 72 | | purchase of motor vehicles powered by a clean alternative fuel; (C) the 42 |
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73 | 73 | | purchase of motor vehicles powered by fuel other than a clean 43 |
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74 | 74 | | alternative fuel and conversion equipment to convert such motor 44 |
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75 | 75 | | vehicles allowing the vehicles to be powered by either the exclusive use 45 |
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76 | 76 | | of clean alternative fuel or dual use of a clean alternative fuel and a fuel 46 |
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77 | 77 | | other than a clean alternative fuel. As used in this subsection, "clean 47 |
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78 | 78 | | alternative fuel" means natural gas, electricity, hydrogen or propane 48 |
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79 | 79 | | when used as a motor vehicle fuel; or (D) the purchase of goods or 49 |
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80 | 80 | | services from a micro business, except that, in the case of a veteran-50 |
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81 | 81 | | owned micro business, the commissioner may give a price preference of 51 Raised Bill No. 5400 |
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82 | 82 | | |
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83 | 83 | | |
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84 | 84 | | |
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85 | 85 | | LCO No. 2239 3 of 35 |
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86 | 86 | | |
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87 | 87 | | [up to fifteen] ten per cent. As used in this subsection, "micro business" 52 |
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88 | 88 | | means a business with gross revenues not exceeding three million 53 |
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89 | 89 | | dollars in the most recently completed fiscal year, "veteran-owned micro 54 |
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90 | 90 | | business" means a micro business of which at least fifty-one per cent of 55 |
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91 | 91 | | the ownership is held by one or more veterans and "veteran" means any 56 |
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92 | 92 | | person (i) honorably discharged from, or released under honorable 57 |
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93 | 93 | | conditions from active service in, the armed forces, as defined in section 58 |
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94 | 94 | | 27-103, or (ii) with a qualifying condition, as defined in said section, who 59 |
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95 | 95 | | has received a discharge other than bad conduct or dishonorable from 60 |
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96 | 96 | | active service in the armed forces. All other factors being equal, 61 |
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97 | 97 | | preference shall be given to supplies, materials and equipment 62 |
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98 | 98 | | produced, assembled or manufactured in the state and services 63 |
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99 | 99 | | originating and provided in the state. Except with regard to contracts 64 |
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100 | 100 | | that may be paid for with United States Department of Transportation 65 |
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101 | 101 | | funds, if any such bidder refuses to accept, within ten days, a contract 66 |
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102 | 102 | | awarded to such bidder, such contract may be awarded to the next 67 |
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103 | 103 | | lowest responsible qualified bidder or the next highest scoring bidder in 68 |
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104 | 104 | | a multiple criteria bid, whichever is applicable, and so on until such 69 |
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105 | 105 | | contract is awarded and accepted. Except with regard to contracts that 70 |
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106 | 106 | | may be paid for with United States Department of Transportation funds, 71 |
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107 | 107 | | if any such proposer refuses to accept, within ten days, a contract 72 |
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108 | 108 | | awarded to such proposer, such contract shall be awarded to the next 73 |
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109 | 109 | | most advantageous proposer, and so on until the contract is awarded 74 |
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110 | 110 | | and accepted. There shall be a written evaluation made of each bid. This 75 |
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111 | 111 | | evaluation shall identify the vendors and their respective costs and 76 |
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112 | 112 | | prices, document the reason why any vendor is deemed to be 77 |
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113 | 113 | | nonresponsive and recommend a vendor for award. A contract valued 78 |
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114 | 114 | | at one million dollars or more shall be awarded to a bidder other than 79 |
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115 | 115 | | the lowest responsible qualified bidder or the highest scoring bidder in 80 |
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116 | 116 | | a multiple criteria bid, whichever is applicable, only with written 81 |
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117 | 117 | | approval signed by the Commissioner of Administrative Services and 82 |
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118 | 118 | | by the Comptroller. The commissioner shall post on the department's 83 |
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119 | 119 | | Internet web site all awards made pursuant to the provisions of this 84 |
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120 | 120 | | section. 85 Raised Bill No. 5400 |
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121 | 121 | | |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | LCO No. 2239 4 of 35 |
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125 | 125 | | |
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126 | 126 | | Sec. 2. Section 4a-60g of the 2020 supplement to the general statutes 86 |
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127 | 127 | | is repealed and the following is substituted in lieu thereof (Effective 87 |
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128 | 128 | | October 1, 2020): 88 |
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129 | 129 | | (a) As used in this section and sections 4a-60h to 4a-60j, inclusive, as 89 |
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130 | 130 | | amended by this act, the following terms have the following meanings: 90 |
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131 | 131 | | (1) "Small contractor" means any contractor, subcontractor, 91 |
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132 | 132 | | manufacturer, service company or nonprofit corporation (A) that 92 |
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133 | 133 | | maintains its principal place of business in the state, (B) that had gross 93 |
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134 | 134 | | revenues not exceeding twenty million dollars in the most recently 94 |
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135 | 135 | | completed fiscal year prior to such application, and (C) that is 95 |
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136 | 136 | | independent. "Small contractor" does not include any person who is 96 |
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137 | 137 | | affiliated with another person if both persons considered together have 97 |
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138 | 138 | | a gross revenue exceeding twenty million dollars. 98 |
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139 | 139 | | (2) "Independent" means the viability of the enterprise of the small 99 |
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140 | 140 | | contractor does not depend upon another person, as determined by an 100 |
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141 | 141 | | analysis of the small contractor's relationship with any other person in 101 |
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142 | 142 | | regards to the provision of personnel, facilities, equipment, other 102 |
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143 | 143 | | resources and financial support, including bonding. 103 |
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144 | 144 | | (3) "State agency" means each state board, commission, department, 104 |
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145 | 145 | | office, institution, council or other agency with the power to contract for 105 |
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146 | 146 | | goods or services itself or through its head. 106 |
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147 | 147 | | (4) "Minority business enterprise" means any small contractor, (A) 107 |
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148 | 148 | | fifty-one per cent or more of the capital stock, if any, or assets of which 108 |
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149 | 149 | | are owned by a person or persons who (i) exercise operational authority 109 |
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150 | 150 | | over the daily affairs of the enterprise, (ii) have the power to direct the 110 |
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151 | 151 | | management and policies and receive the beneficial interest of the 111 |
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152 | 152 | | enterprise, (iii) possess managerial and technical competence and 112 |
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153 | 153 | | experience directly related to the principal business activities of the 113 |
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154 | 154 | | enterprise, and (iv) are members of a minority, as such term is defined 114 |
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155 | 155 | | in subsection (a) of section 32-9n, or are individuals with a disability, or 115 |
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156 | 156 | | (B) which is a nonprofit corporation in which fifty-one per cent or more 116 |
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157 | 157 | | of the persons who (i) exercise operational authority over the enterprise, 117 Raised Bill No. 5400 |
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158 | 158 | | |
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159 | 159 | | |
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160 | 160 | | |
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161 | 161 | | LCO No. 2239 5 of 35 |
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162 | 162 | | |
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163 | 163 | | (ii) possess managerial and technical competence and experience 118 |
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164 | 164 | | directly related to the principal business activities of the enterprise, (iii) 119 |
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165 | 165 | | have the power to direct the management and policies of the enterprise, 120 |
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166 | 166 | | and (iv) are members of a minority, as defined in this subsection, or are 121 |
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167 | 167 | | individuals with a disability. 122 |
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168 | 168 | | (5) "Affiliated" means the relationship in which a person directly, or 123 |
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169 | 169 | | indirectly through one or more intermediaries, controls, is controlled by 124 |
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170 | 170 | | or is under common control with another person. 125 |
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171 | 171 | | (6) "Control" means the power to direct or cause the direction of the 126 |
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172 | 172 | | management and policies of any person, whether through the 127 |
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173 | 173 | | ownership of voting securities, by contract or through any other direct 128 |
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174 | 174 | | or indirect means. Control shall be presumed to exist if any person, 129 |
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175 | 175 | | directly or indirectly, owns, controls, holds with the power to vote, or 130 |
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176 | 176 | | holds proxies representing, twenty per cent or more of any voting 131 |
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177 | 177 | | securities of another person. 132 |
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178 | 178 | | (7) "Person" means any individual, corporation, limited liability 133 |
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179 | 179 | | company, partnership, association, joint stock company, business trust, 134 |
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180 | 180 | | unincorporated organization or other entity. 135 |
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181 | 181 | | (8) "Individual with a disability" means an individual (A) having a 136 |
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182 | 182 | | physical or mental impairment that substantially limits one or more of 137 |
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183 | 183 | | the major life activities of the individual, which mental impairment may 138 |
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184 | 184 | | include, but is not limited to, having one or more mental disorders, as 139 |
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185 | 185 | | defined in the most recent edition of the American Psychiatric 140 |
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186 | 186 | | Association's "Diagnostic and Statistical Manual of Mental Disorders", 141 |
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187 | 187 | | or (B) having a record of such an impairment. 142 |
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188 | 188 | | (9) "Nonprofit corporation" means a nonprofit corporation 143 |
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189 | 189 | | incorporated pursuant to chapter 602 or any predecessor statutes 144 |
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190 | 190 | | thereto. 145 |
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191 | 191 | | (10) "Municipality" means any town, city, borough, consolidated 146 |
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192 | 192 | | town and city or consolidated town and borough. 147 Raised Bill No. 5400 |
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194 | 194 | | |
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195 | 195 | | |
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196 | 196 | | LCO No. 2239 6 of 35 |
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197 | 197 | | |
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198 | 198 | | (11) "Quasi-public agency" has the same meaning as provided in 148 |
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199 | 199 | | section 1-120. 149 |
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200 | 200 | | (12) "Awarding agency" means a state agency or political subdivision 150 |
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201 | 201 | | of the state other than a municipality. 151 |
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202 | 202 | | (13) "Public works contract" has the same meaning as provided in 152 |
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203 | 203 | | section 46a-68b. 153 |
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204 | 204 | | (14) "Municipal public works contract" means that portion of an 154 |
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205 | 205 | | agreement entered into on or after October 1, 2015, between any 155 |
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206 | 206 | | individual, firm or corporation and a municipality for the construction, 156 |
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207 | 207 | | rehabilitation, conversion, extension, demolition or repair of a public 157 |
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208 | 208 | | building, highway or other changes or improvements in real property, 158 |
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209 | 209 | | which is financed in whole or in part by the state, including, but not 159 |
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210 | 210 | | limited to, matching expenditures, grants, loans, insurance or 160 |
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211 | 211 | | guarantees but excluding any project of an alliance district, as defined 161 |
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212 | 212 | | in section 10-262u, financed by state funding in an amount equal to fifty 162 |
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213 | 213 | | thousand dollars or less. 163 |
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214 | 214 | | (15) "Quasi-public agency project" means the construction, 164 |
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215 | 215 | | rehabilitation, conversion, extension, demolition or repair of a building 165 |
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216 | 216 | | or other changes or improvements in real property pursuant to a 166 |
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217 | 217 | | contract entered into on or after October 1, 2015, which is financed in 167 |
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218 | 218 | | whole or in part by a quasi-public agency using state funds, including, 168 |
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219 | 219 | | but not limited to, matching expenditures, grants, loans, insurance or 169 |
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220 | 220 | | guarantees. 170 |
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221 | 221 | | (16) "Veteran-owned micro business" has the same meaning as 171 |
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222 | 222 | | provided in section 4a-59, as amended by this act. 172 |
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223 | 223 | | (b) (1) It is found and determined that there is a serious need to help 173 |
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224 | 224 | | small contractors, minority business enterprises, veteran-owned micro 174 |
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225 | 225 | | businesses, nonprofit organizations and individuals with disabilities to 175 |
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226 | 226 | | be considered for and awarded state contracts for the purchase of goods 176 |
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227 | 227 | | and services, public works contracts, municipal public works contracts 177 |
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228 | 228 | | and contracts for quasi-public agency projects. Accordingly, the 178 Raised Bill No. 5400 |
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230 | 230 | | |
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231 | 231 | | |
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232 | 232 | | LCO No. 2239 7 of 35 |
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233 | 233 | | |
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234 | 234 | | necessity of awarding such contracts in compliance with the provisions 179 |
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235 | 235 | | of this section, sections 4a-60h to 4a-60j, inclusive, as amended by this 180 |
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236 | 236 | | act, and sections 32-9i to 32-9p, inclusive, for advancement of the public 181 |
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237 | 237 | | benefit and good, is declared as a matter of legislative determination. 182 |
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238 | 238 | | (2) Notwithstanding any provisions of the general statutes, and 183 |
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239 | 239 | | except as set forth in this section, the head of each awarding agency shall 184 |
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240 | 240 | | set aside in each fiscal year, for award to small contractors, on the basis 185 |
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241 | 241 | | of competitive bidding procedures, contracts or portions of contracts for 186 |
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242 | 242 | | the construction, reconstruction or rehabilitation of public buildings, the 187 |
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243 | 243 | | construction and maintenance of highways and the purchase of goods 188 |
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244 | 244 | | and services. The total value of such contracts or portions thereof to be 189 |
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245 | 245 | | set aside by each such agency shall be at least twenty-five per cent of the 190 |
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246 | 246 | | total value of all contracts let by the head of such agency in each fiscal 191 |
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247 | 247 | | year, provided a contract for any goods or services which have been 192 |
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248 | 248 | | determined by the Commissioner of Administrative Services to be not 193 |
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249 | 249 | | customarily available from or supplied by small contractors shall not be 194 |
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250 | 250 | | included. Contracts or portions thereof having a value of not less than 195 |
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251 | 251 | | twenty-five per cent of the total value of all contracts or portions thereof 196 |
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252 | 252 | | to be set aside shall be reserved for awards to minority business 197 |
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253 | 253 | | enterprises. Contracts or portions thereof having a value of not less than 198 |
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254 | 254 | | five per cent of the total value of all contracts or portions thereof to be 199 |
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255 | 255 | | set aside shall be reserved for awards to veteran-owned micro 200 |
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256 | 256 | | businesses. 201 |
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257 | 257 | | (3) Notwithstanding any provision of the general statutes, and except 202 |
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258 | 258 | | as provided in this section, on and after October 1, 2015, each 203 |
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259 | 259 | | municipality when awarding a municipal public works contract shall 204 |
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260 | 260 | | state in its notice of solicitation for competitive bids or request for 205 |
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261 | 261 | | proposals or qualifications for such contract that the general or trade 206 |
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262 | 262 | | contractor shall be required to comply with the provisions of this section 207 |
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263 | 263 | | and the requirements concerning nondiscrimination and affirmative 208 |
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264 | 264 | | action under sections 4a-60 and 4a-60a. Any such contractor awarded a 209 |
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265 | 265 | | municipal public works contract shall, on the basis of competitive 210 |
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266 | 266 | | bidding procedures, (A) set aside at least twenty-five per cent of the total 211 |
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267 | 267 | | value of the state's financial assistance for such contract for award to 212 Raised Bill No. 5400 |
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268 | 268 | | |
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269 | 269 | | |
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270 | 270 | | |
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271 | 271 | | LCO No. 2239 8 of 35 |
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272 | 272 | | |
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273 | 273 | | subcontractors who are small contractors, and (B) of that portion to be 213 |
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274 | 274 | | set aside in accordance with subparagraph (A) of this subdivision, 214 |
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275 | 275 | | reserve a portion equivalent to (i) twenty-five per cent of the total value 215 |
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276 | 276 | | of the contract or portion thereof to be set aside for awards to 216 |
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277 | 277 | | subcontractors who are minority business enterprises, and (ii) five per 217 |
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278 | 278 | | cent of the total value of the contract or portion thereof to be set aside 218 |
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279 | 279 | | for awards to subcontractors who are veteran-owned micro businesses. 219 |
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280 | 280 | | The provisions of this section shall not apply to any municipality that 220 |
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281 | 281 | | has established a set-aside program pursuant to section 7-148u, as 221 |
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282 | 282 | | amended by this act, where the percentage of contracts set aside for 222 |
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283 | 283 | | minority business enterprises [is] and veteran-owned micro businesses 223 |
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284 | 284 | | are equivalent to or exceeds the percentage set forth in this subsection. 224 |
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285 | 285 | | (4) Notwithstanding any provision of the general statutes, and except 225 |
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286 | 286 | | as provided in this section, on and after October 1, 2015, any individual, 226 |
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287 | 287 | | firm or corporation that enters into a contract for a quasi-public agency 227 |
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288 | 288 | | project shall, prior to awarding such contract, notify the contractor to be 228 |
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289 | 289 | | awarded such project of the requirements of this section and the 229 |
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290 | 290 | | requirements concerning nondiscrimination and affirmative action 230 |
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291 | 291 | | under sections 4a-60 and 4a-60a. Any such contractor awarded a 231 |
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292 | 292 | | contract for a quasi-public agency project shall, on the basis of 232 |
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293 | 293 | | competitive bidding procedures, (A) set aside at least twenty-five per 233 |
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294 | 294 | | cent of the total value of the state's financial assistance for such contract 234 |
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295 | 295 | | for award to subcontractors who are small contractors, and (B) of that 235 |
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296 | 296 | | portion to be set aside in accordance with subparagraph (A) of this 236 |
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297 | 297 | | subdivision, reserve a portion equivalent to (i) twenty-five per cent of 237 |
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298 | 298 | | the total value of the contract or portions thereof to be set aside for 238 |
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299 | 299 | | awards to subcontractors who are minority business enterprises, and (ii) 239 |
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300 | 300 | | five per cent of the total value of the contract or portions thereof to be 240 |
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301 | 301 | | set aside for awards to subcontractors who are veteran-owned micro 241 |
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302 | 302 | | businesses. 242 |
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303 | 303 | | (5) Eligibility of nonprofit corporations under the provisions of this 243 |
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304 | 304 | | section shall be limited to predevelopment contracts awarded by the 244 |
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305 | 305 | | Commissioner of Housing for housing projects. 245 Raised Bill No. 5400 |
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306 | 306 | | |
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307 | 307 | | |
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308 | 308 | | |
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309 | 309 | | LCO No. 2239 9 of 35 |
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310 | 310 | | |
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311 | 311 | | (6) In calculating the percentage of contracts to be set aside under 246 |
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312 | 312 | | subdivisions (2) to (4), inclusive, of this subsection, the awarding agency 247 |
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313 | 313 | | or contractor shall exclude any contract that may not be set aside due to 248 |
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314 | 314 | | a conflict with a federal law or regulation. 249 |
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315 | 315 | | (c) The head of any awarding agency may, in lieu of setting aside any 250 |
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316 | 316 | | contract or portions thereof, require any general or trade contractor or 251 |
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317 | 317 | | any other entity authorized by such agency to award contracts, to set 252 |
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318 | 318 | | aside a portion of any contract for subcontractors who are eligible for 253 |
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319 | 319 | | set-aside contracts under this section. Nothing in this subsection shall 254 |
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320 | 320 | | be construed to diminish the total value of contracts which are required 255 |
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321 | 321 | | to be set aside by any awarding agency pursuant to this section. 256 |
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322 | 322 | | (d) The head of each awarding agency shall notify the Commissioner 257 |
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323 | 323 | | of Administrative Services of all contracts to be set aside pursuant to 258 |
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324 | 324 | | subdivision (2) of subsection (b) or subsection (c) of this section at the 259 |
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325 | 325 | | time that bid documents for such contracts are made available to 260 |
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326 | 326 | | potential contractors. 261 |
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327 | 327 | | (e) The awarding authority shall require that a contractor or 262 |
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328 | 328 | | subcontractor awarded a contract or a portion of a contract under this 263 |
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329 | 329 | | section perform not less than thirty per cent of the work with the 264 |
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330 | 330 | | workforces of such contractor or subcontractor and shall require that not 265 |
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331 | 331 | | less than fifty per cent of the work be performed by contractors or 266 |
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332 | 332 | | subcontractors eligible for awards under this section. A contractor 267 |
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333 | 333 | | awarded a contract or a portion of a contract under this section shall not 268 |
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334 | 334 | | subcontract with any person with whom the contractor is affiliated. No 269 |
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335 | 335 | | person who is affiliated with another person shall be eligible for awards 270 |
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336 | 336 | | under this section if both affiliated persons considered together would 271 |
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337 | 337 | | not qualify as a small contractor, [or] a minority business enterprise or 272 |
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338 | 338 | | a veteran-owned micro business under subsection (a) of this section. The 273 |
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339 | 339 | | awarding authority shall require that a contractor awarded a contract 274 |
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340 | 340 | | pursuant to this section submit, in writing, an explanation of any 275 |
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341 | 341 | | subcontract to such contract that is entered into with any person that is 276 |
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342 | 342 | | not eligible for the award of a contract pursuant to this section, prior to 277 |
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343 | 343 | | the performance of any work pursuant to such subcontract. 278 Raised Bill No. 5400 |
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344 | 344 | | |
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345 | 345 | | |
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346 | 346 | | |
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347 | 347 | | LCO No. 2239 10 of 35 |
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348 | 348 | | |
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349 | 349 | | (f) The awarding authority may require that a contractor or 279 |
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350 | 350 | | subcontractor awarded a contract or a portion of a contract under this 280 |
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351 | 351 | | section furnish the following documentation: (1) A copy of the certificate 281 |
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352 | 352 | | of incorporation, certificate of limited partnership, partnership 282 |
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353 | 353 | | agreement or other organizational documents of the contractor or 283 |
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354 | 354 | | subcontractor; (2) a copy of federal income tax returns filed by the 284 |
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355 | 355 | | contractor or subcontractor for the previous year; and (3) evidence of 285 |
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356 | 356 | | payment of fair market value for the purchase or lease by the contractor 286 |
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357 | 357 | | or subcontractor of property or equipment from another contractor who 287 |
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358 | 358 | | is not eligible for set-aside contracts under this section. 288 |
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359 | 359 | | (g) The awarding authority or the Commissioner of Administrative 289 |
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360 | 360 | | Services or the Commission on Human Rights and Opportunities may 290 |
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361 | 361 | | conduct an audit of the financial, corporate and business records and 291 |
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362 | 362 | | conduct an investigation of any small contractor, [or] minority business 292 |
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363 | 363 | | enterprise [which] or veteran-owned micro business that applies for or 293 |
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364 | 364 | | is awarded a set-aside contract for the purpose of determining eligibility 294 |
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365 | 365 | | for awards or compliance with the requirements established under this 295 |
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366 | 366 | | section. 296 |
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367 | 367 | | (h) The provisions of this section shall not apply to (1) any awarding 297 |
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368 | 368 | | agency for which the total value of all contracts or portions of contracts 298 |
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369 | 369 | | of the types enumerated in subdivision (2) of subsection (b) of this 299 |
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370 | 370 | | section is anticipated to be equal to ten thousand dollars or less, or (2) 300 |
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371 | 371 | | any municipal public works contract or contract for a quasi-public 301 |
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372 | 372 | | agency project for which the total value of the contract is anticipated to 302 |
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373 | 373 | | be equal to fifty thousand dollars or less. 303 |
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374 | 374 | | (i) In lieu of a performance, bid, labor and materials or other required 304 |
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375 | 375 | | bond, a contractor or subcontractor awarded a contract under this 305 |
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376 | 376 | | section may provide to the awarding authority, and the awarding 306 |
---|
377 | 377 | | authority shall accept a letter of credit. Any such letter of credit shall be 307 |
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378 | 378 | | in an amount equal to ten per cent of the contract for any contract that 308 |
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379 | 379 | | is less than one hundred thousand dollars and in an amount equal to 309 |
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380 | 380 | | twenty-five per cent of the contract for any contract that exceeds one 310 |
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381 | 381 | | hundred thousand dollars. 311 Raised Bill No. 5400 |
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382 | 382 | | |
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383 | 383 | | |
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384 | 384 | | |
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385 | 385 | | LCO No. 2239 11 of 35 |
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386 | 386 | | |
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387 | 387 | | (j) (1) Whenever the awarding agency has reason to believe that any 312 |
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388 | 388 | | contractor or subcontractor awarded a state set-aside contract has 313 |
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389 | 389 | | wilfully violated any provision of this section, the awarding agency 314 |
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390 | 390 | | shall send a notice to such contractor or subcontractor by certified mail, 315 |
---|
391 | 391 | | return receipt requested. Such notice shall include: (A) A reference to 316 |
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392 | 392 | | the provision alleged to be violated; (B) a short and plain statement of 317 |
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393 | 393 | | the matter asserted; (C) the maximum civil penalty that may be imposed 318 |
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394 | 394 | | for such violation; and (D) the time and place for the hearing. Such 319 |
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395 | 395 | | hearing shall be fixed for a date not earlier than fourteen days after the 320 |
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396 | 396 | | notice is mailed. The awarding agency shall send a copy of such notice 321 |
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397 | 397 | | to the Commission on Human Rights and Opportunities. 322 |
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398 | 398 | | (2) The awarding agency shall hold a hearing on the violation 323 |
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399 | 399 | | asserted unless such contractor or subcontractor fails to appear. The 324 |
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400 | 400 | | hearing shall be held in accordance with the provisions of chapter 54. If, 325 |
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401 | 401 | | after the hearing, the awarding agency finds that the contractor or 326 |
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402 | 402 | | subcontractor has wilfully violated any provision of this section, the 327 |
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403 | 403 | | awarding agency shall suspend all set-aside contract payments to the 328 |
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404 | 404 | | contractor or subcontractor and may, in its discretion, order that a civil 329 |
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405 | 405 | | penalty not exceeding ten thousand dollars per violation be imposed on 330 |
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406 | 406 | | the contractor or subcontractor. If such contractor or subcontractor fails 331 |
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407 | 407 | | to appear for the hearing, the awarding agency may, as the facts require, 332 |
---|
408 | 408 | | order that a civil penalty not exceeding ten thousand dollars per 333 |
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409 | 409 | | violation be imposed on the contractor or subcontractor. The awarding 334 |
---|
410 | 410 | | agency shall send a copy of any order issued pursuant to this subsection 335 |
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411 | 411 | | by certified mail, return receipt requested, to the contractor or 336 |
---|
412 | 412 | | subcontractor named in such order. The awarding agency may cause 337 |
---|
413 | 413 | | proceedings to be instituted by the Attorney General for the 338 |
---|
414 | 414 | | enforcement of any order imposing a civil penalty issued under this 339 |
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415 | 415 | | subsection. 340 |
---|
416 | 416 | | (k) (1) (A) On or before January 1, 2000, the Commissioner of 341 |
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417 | 417 | | Administrative Services shall establish a process for certification of 342 |
---|
418 | 418 | | small contractors and minority business enterprises as eligible for set-343 |
---|
419 | 419 | | aside contracts. (B) On or before January 1, 2021, the Commissioner of 344 |
---|
420 | 420 | | Administrative Services shall establish a process for certification of 345 Raised Bill No. 5400 |
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421 | 421 | | |
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422 | 422 | | |
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423 | 423 | | |
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424 | 424 | | LCO No. 2239 12 of 35 |
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425 | 425 | | |
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426 | 426 | | veteran-owned micro businesses as eligible for set-aside contracts. (C) 346 |
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427 | 427 | | Each certification shall be valid for a period not to exceed two years, 347 |
---|
428 | 428 | | unless the Commissioner of Administrative Services determines that an 348 |
---|
429 | 429 | | extension of such certification is warranted, provided any such 349 |
---|
430 | 430 | | extension shall not exceed a period of six months from such 350 |
---|
431 | 431 | | certification's original expiration date. Any paper application for 351 |
---|
432 | 432 | | certification shall be no longer than six pages. (D) The Department of 352 |
---|
433 | 433 | | Administrative Services shall maintain on its web site an updated 353 |
---|
434 | 434 | | directory of small contractors, [and] minority business enterprises and 354 |
---|
435 | 435 | | veteran-owned micro businesses certified under this section. 355 |
---|
436 | 436 | | (2) The Commissioner of Administrative Services may deny an 356 |
---|
437 | 437 | | application for the initial issuance or renewal of such certification after 357 |
---|
438 | 438 | | issuing a written decision to the applicant setting forth the basis for such 358 |
---|
439 | 439 | | denial. The commissioner may revoke such certification for cause after 359 |
---|
440 | 440 | | notice and an opportunity for a hearing in accordance with the 360 |
---|
441 | 441 | | provisions of chapter 54. Any person aggrieved by the commissioner's 361 |
---|
442 | 442 | | decision to deny the issuance or renewal of or to revoke such 362 |
---|
443 | 443 | | certification may appeal such decision to the Superior Court, in 363 |
---|
444 | 444 | | accordance with the provisions of section 4-183. 364 |
---|
445 | 445 | | (3) Whenever the Commissioner of Administrative Services has 365 |
---|
446 | 446 | | reason to believe that a small contractor, [or] minority business 366 |
---|
447 | 447 | | enterprise [who] or veteran-owned micro business that has applied for 367 |
---|
448 | 448 | | or received certification under this section has included a materially 368 |
---|
449 | 449 | | false statement in [his or her] its application, the commissioner may 369 |
---|
450 | 450 | | impose a penalty not exceeding ten thousand dollars after notice and a 370 |
---|
451 | 451 | | hearing held in accordance with chapter 54. Such notice shall include 371 |
---|
452 | 452 | | (A) a reference to the statement or statements contained in the 372 |
---|
453 | 453 | | application alleged to be false, (B) the maximum civil penalty that may 373 |
---|
454 | 454 | | be imposed for such misrepresentation, and (C) the time and place of 374 |
---|
455 | 455 | | the hearing. Such hearing shall be fixed for a date not later than fourteen 375 |
---|
456 | 456 | | days from the date such notice is sent. The commissioner shall send a 376 |
---|
457 | 457 | | copy of such notice to the Commission on Human Rights and 377 |
---|
458 | 458 | | Opportunities. 378 Raised Bill No. 5400 |
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459 | 459 | | |
---|
460 | 460 | | |
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461 | 461 | | |
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462 | 462 | | LCO No. 2239 13 of 35 |
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463 | 463 | | |
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464 | 464 | | (4) The commissioner shall hold a hearing prior to such revocation or 379 |
---|
465 | 465 | | denial or the imposition of a penalty, unless such contractor or 380 |
---|
466 | 466 | | subcontractor fails to appear. If, after the hearing, the commissioner 381 |
---|
467 | 467 | | finds that the contractor or subcontractor has wilfully included a 382 |
---|
468 | 468 | | materially false statement in his or her application for certification under 383 |
---|
469 | 469 | | this subsection, the commissioner shall revoke or deny the certification 384 |
---|
470 | 470 | | and may order that a civil penalty not exceeding ten thousand dollars 385 |
---|
471 | 471 | | be imposed on the contractor or subcontractor. If such contractor or 386 |
---|
472 | 472 | | subcontractor fails to appear for the hearing, the commissioner may, as 387 |
---|
473 | 473 | | the facts require, revoke or deny the certification and order that a civil 388 |
---|
474 | 474 | | penalty not exceeding ten thousand dollars be imposed on the 389 |
---|
475 | 475 | | contractor or subcontractor. The commissioner shall send a copy of any 390 |
---|
476 | 476 | | order issued pursuant to this subsection to the contractor or 391 |
---|
477 | 477 | | subcontractor named in such order. The commissioner may cause 392 |
---|
478 | 478 | | proceedings to be instituted by the Attorney General for the 393 |
---|
479 | 479 | | enforcement of any order imposing a civil penalty issued under this 394 |
---|
480 | 480 | | subsection. 395 |
---|
481 | 481 | | (l) On or before August thirtieth of each year, each awarding agency 396 |
---|
482 | 482 | | setting aside contracts or portions of contracts under subdivision (2) of 397 |
---|
483 | 483 | | subsection (b) of this section shall prepare a report establishing small 398 |
---|
484 | 484 | | [and] contractor, minority business enterprise and veteran-owned micro 399 |
---|
485 | 485 | | business state set-aside program goals for the twelve-month period 400 |
---|
486 | 486 | | beginning July first in the same year. Each such report shall be 401 |
---|
487 | 487 | | submitted to the Commissioner of Administrative Services, the 402 |
---|
488 | 488 | | Commission on Human Rights and Opportunities and the 403 |
---|
489 | 489 | | cochairpersons and ranking members of the joint standing committees 404 |
---|
490 | 490 | | of the General Assembly having cognizance of matters relating to 405 |
---|
491 | 491 | | planning and development and government administration. 406 |
---|
492 | 492 | | (m) On or before November first of each year and on a quarterly basis 407 |
---|
493 | 493 | | thereafter, each awarding agency setting aside contracts or portions of 408 |
---|
494 | 494 | | contracts under subdivision (2) of subsection (b) of this section shall 409 |
---|
495 | 495 | | prepare a status report on the implementation and results of its small 410 |
---|
496 | 496 | | business, [and] minority business enterprise and veteran-owned micro 411 |
---|
497 | 497 | | business state set-aside program goals during the three-month period 412 Raised Bill No. 5400 |
---|
498 | 498 | | |
---|
499 | 499 | | |
---|
500 | 500 | | |
---|
501 | 501 | | LCO No. 2239 14 of 35 |
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502 | 502 | | |
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503 | 503 | | ending one month before the due date for the report. Each report shall 413 |
---|
504 | 504 | | be submitted to the Commissioner of Administrative Services and the 414 |
---|
505 | 505 | | Commission on Human Rights and Opportunities. Any awarding 415 |
---|
506 | 506 | | agency that achieves less than fifty per cent of its small contractor, [and] 416 |
---|
507 | 507 | | minority business enterprise and veteran-owned micro business state 417 |
---|
508 | 508 | | set-aside program goals by the end of the second reporting period in 418 |
---|
509 | 509 | | any twelve-month period beginning on July first shall provide a written 419 |
---|
510 | 510 | | explanation to the Commissioner of Administrative Services and the 420 |
---|
511 | 511 | | Commission on Human Rights and Opportunities detailing how the 421 |
---|
512 | 512 | | awarding agency will achieve its goals in the final reporting period. The 422 |
---|
513 | 513 | | Commission on Human Rights and Opportunities shall: (1) Monitor the 423 |
---|
514 | 514 | | achievement of the annual goals established by each awarding agency; 424 |
---|
515 | 515 | | and (2) prepare a quarterly report concerning such goal achievement. 425 |
---|
516 | 516 | | The report shall be submitted to each awarding agency that submitted 426 |
---|
517 | 517 | | a report, the Commissioner of Economic and Community Development, 427 |
---|
518 | 518 | | the Commissioner of Administrative Services and the cochairpersons 428 |
---|
519 | 519 | | and ranking members of the joint standing committees of the General 429 |
---|
520 | 520 | | Assembly having cognizance of matters relating to planning and 430 |
---|
521 | 521 | | development and government administration. Failure by any awarding 431 |
---|
522 | 522 | | agency to submit any reports required by this section shall be a violation 432 |
---|
523 | 523 | | of section 46a-77. 433 |
---|
524 | 524 | | (n) Nothing in this section shall be construed to apply to the janitorial 434 |
---|
525 | 525 | | or service contracts awarded pursuant to subsections (b) to (d), 435 |
---|
526 | 526 | | inclusive, of section 4a-82. 436 |
---|
527 | 527 | | (o) The Commissioner of Administrative Services may adopt 437 |
---|
528 | 528 | | regulations in accordance with the provisions of chapter 54 to 438 |
---|
529 | 529 | | implement the provisions of this section. 439 |
---|
530 | 530 | | Sec. 3. Section 4a-60h of the general statutes is repealed and the 440 |
---|
531 | 531 | | following is substituted in lieu thereof (Effective October 1, 2020): 441 |
---|
532 | 532 | | (a) The Commissioner of Administrative Services shall be responsible 442 |
---|
533 | 533 | | for the administration of the set-aside program for public works 443 |
---|
534 | 534 | | contracts and state contracts for goods and services, as described in 444 Raised Bill No. 5400 |
---|
535 | 535 | | |
---|
536 | 536 | | |
---|
537 | 537 | | |
---|
538 | 538 | | LCO No. 2239 15 of 35 |
---|
539 | 539 | | |
---|
540 | 540 | | subdivision (2) of subsection (b) of section 4a-60g, as amended by this 445 |
---|
541 | 541 | | act. The commissioner shall conduct regular training sessions, as often 446 |
---|
542 | 542 | | as the commissioner deems necessary, for state agencies to explain the 447 |
---|
543 | 543 | | state set-aside program and to specify the factors that must be addressed 448 |
---|
544 | 544 | | in calculating awarding agency goals under the program. The 449 |
---|
545 | 545 | | commissioner shall conduct informational workshops to inform 450 |
---|
546 | 546 | | businesses of state set-aside opportunities and responsibilities. 451 |
---|
547 | 547 | | (b) The Commission on Human Rights and Opportunities shall be 452 |
---|
548 | 548 | | responsible for the administration of the set-aside program for 453 |
---|
549 | 549 | | municipal public works contracts and contracts for quasi-public agency 454 |
---|
550 | 550 | | projects, as described in subdivisions (3) and (4) of subsection (b) of 455 |
---|
551 | 551 | | section 4a-60g, as amended by this act. The commission shall conduct 456 |
---|
552 | 552 | | regular training sessions, as often as the commission deems necessary, 457 |
---|
553 | 553 | | for municipalities, quasi-public agencies and contractors to explain the 458 |
---|
554 | 554 | | municipal and quasi-public agency project set-aside program. The 459 |
---|
555 | 555 | | commission may adopt regulations in accordance with the provisions of 460 |
---|
556 | 556 | | chapter 54, to carry out the purposes of sections 4a-60g to 4a-60j, 461 |
---|
557 | 557 | | inclusive, as amended by this act, in regard to the municipal and quasi-462 |
---|
558 | 558 | | public agency project set-aside program. 463 |
---|
559 | 559 | | (c) In any case where an individual contract is both a public works 464 |
---|
560 | 560 | | contract of an awarding agency and a quasi-public agency project 465 |
---|
561 | 561 | | contract, the provisions of this chapter governing awarding agency 466 |
---|
562 | 562 | | public works contracts shall apply to such contract. 467 |
---|
563 | 563 | | (d) The Commissioner of Administrative Services shall adopt 468 |
---|
564 | 564 | | regulations in accordance with the provisions of chapter 54 to carry out 469 |
---|
565 | 565 | | the purposes of sections 4a-60g to 4a-60j, inclusive, as amended by this 470 |
---|
566 | 566 | | act, in regard to the state set-aside program. Such regulations shall 471 |
---|
567 | 567 | | include (1) provisions concerning the application of the program to 472 |
---|
568 | 568 | | individuals with a disability; (2) guidelines for a legally acceptable 473 |
---|
569 | 569 | | format for, and content of, letters of credit authorized under subsection 474 |
---|
570 | 570 | | (j) of section 4a-60g, as amended by this act; (3) procedures for random 475 |
---|
571 | 571 | | site visits to the place of business of an applicant for certification at the 476 |
---|
572 | 572 | | time of application and at subsequent times, as necessary, to ensure the 477 Raised Bill No. 5400 |
---|
573 | 573 | | |
---|
574 | 574 | | |
---|
575 | 575 | | |
---|
576 | 576 | | LCO No. 2239 16 of 35 |
---|
577 | 577 | | |
---|
578 | 578 | | integrity of the application process; and (4) time limits for approval or 478 |
---|
579 | 579 | | disapproval of applications. 479 |
---|
580 | 580 | | (e) (1) On or before January 1, 1994, the Commissioner of 480 |
---|
581 | 581 | | Administrative Services shall, by regulations adopted in accordance 481 |
---|
582 | 582 | | with chapter 54, establish a process to ensure that small contractors, 482 |
---|
583 | 583 | | small businesses and minority business enterprises have fair access to 483 |
---|
584 | 584 | | all competitive state contracts outside of the state set-aside program. 484 |
---|
585 | 585 | | (2) On or before July 1, 2021, the Commissioner of Administrative 485 |
---|
586 | 586 | | Services shall, by regulations adopted in accordance with chapter 54, 486 |
---|
587 | 587 | | establish a process to ensure that veteran-owned micro businesses have 487 |
---|
588 | 588 | | fair access to all competitive state contracts outside of the state set-aside 488 |
---|
589 | 589 | | program. 489 |
---|
590 | 590 | | Sec. 4. Section 4a-60j of the 2020 supplement to the general statutes is 490 |
---|
591 | 591 | | repealed and the following is substituted in lieu thereof (Effective October 491 |
---|
592 | 592 | | 1, 2020): 492 |
---|
593 | 593 | | A small contractor, minority business enterprise and veteran-owned 493 |
---|
594 | 594 | | micro business shall receive payment on a contract awarded to [him or 494 |
---|
595 | 595 | | her] such contractor, enterprise or business under the provisions of 495 |
---|
596 | 596 | | sections 4a-60g to 4a-60i, inclusive, as amended by this act, no later than 496 |
---|
597 | 597 | | twenty-five days from the due date of any such payment on such 497 |
---|
598 | 598 | | contract. 498 |
---|
599 | 599 | | Sec. 5. Subsection (a) of section 4a-57 of the general statutes is 499 |
---|
600 | 600 | | repealed and the following is substituted in lieu thereof (Effective October 500 |
---|
601 | 601 | | 1, 2020): 501 |
---|
602 | 602 | | (a) All purchases of, and contracts for, supplies, materials, equipment 502 |
---|
603 | 603 | | and contractual services, except purchases and contracts made pursuant 503 |
---|
604 | 604 | | to the provisions of subsection (b) of this section and public utility 504 |
---|
605 | 605 | | services as provided in subsection (e) of this section shall be based, when 505 |
---|
606 | 606 | | possible, on competitive bids or competitive negotiation. The 506 |
---|
607 | 607 | | commissioner shall solicit competitive bids or proposals by providing 507 |
---|
608 | 608 | | notice of the planned purchase in a form and manner that the 508 Raised Bill No. 5400 |
---|
609 | 609 | | |
---|
610 | 610 | | |
---|
611 | 611 | | |
---|
612 | 612 | | LCO No. 2239 17 of 35 |
---|
613 | 613 | | |
---|
614 | 614 | | commissioner determines will maximize public participation in the 509 |
---|
615 | 615 | | competitive bidding or competitive negotiation process, including 510 |
---|
616 | 616 | | participation by small contractors, minority business enterprises and 511 |
---|
617 | 617 | | veteran-owned micro businesses, as defined in section 4a-60g, as 512 |
---|
618 | 618 | | amended by this act, and promote competition. In the case of an 513 |
---|
619 | 619 | | expenditure that is estimated to exceed fifty thousand dollars, such 514 |
---|
620 | 620 | | notice shall be posted, not less than five calendar days before the final 515 |
---|
621 | 621 | | date of submitting bids or proposals, on the State Contracting Portal. 516 |
---|
622 | 622 | | Each notice of a planned purchase under this subsection shall indicate 517 |
---|
623 | 623 | | the type of goods and services to be purchased and the estimated value 518 |
---|
624 | 624 | | of the contract award. The notice shall also contain a notice of state 519 |
---|
625 | 625 | | contract requirements concerning nondiscrimination and affirmative 520 |
---|
626 | 626 | | action pursuant to section 4a-60 and, when applicable, requirements 521 |
---|
627 | 627 | | concerning the awarding of contracts to small contractors, minority 522 |
---|
628 | 628 | | business enterprises, veteran-owned micro businesses, individuals with 523 |
---|
629 | 629 | | a disability and nonprofit corporations pursuant to section 4a-60g, as 524 |
---|
630 | 630 | | amended by this act. Each bid and proposal shall be kept sealed or 525 |
---|
631 | 631 | | secured until opened publicly at the time stated in the notice soliciting 526 |
---|
632 | 632 | | such bid or proposal. 527 |
---|
633 | 633 | | Sec. 6. Subsection (a) of section 4b-91 of the general statutes is 528 |
---|
634 | 634 | | repealed and the following is substituted in lieu thereof (Effective October 529 |
---|
635 | 635 | | 1, 2020): 530 |
---|
636 | 636 | | (a) (1) As used in this section, "prequalification classification" means 531 |
---|
637 | 637 | | the prequalification classifications established by the Commissioner of 532 |
---|
638 | 638 | | Administrative Services pursuant to section 4a-100, "public agency" has 533 |
---|
639 | 639 | | the same meaning as provided in section 1-200, "awarding authority" 534 |
---|
640 | 640 | | means the Department of Administrative Services, except "awarding 535 |
---|
641 | 641 | | authority" means (A) the Joint Committee on Legislative Management, 536 |
---|
642 | 642 | | in the case of a contract for the construction of or work on a building or 537 |
---|
643 | 643 | | other public work under the supervision and control of the joint 538 |
---|
644 | 644 | | committee, (B) a constituent unit of the state system of higher education, 539 |
---|
645 | 645 | | in the case of a contract for the construction of or work on a building or 540 |
---|
646 | 646 | | other public work under the supervision and control of such constituent 541 |
---|
647 | 647 | | unit, or (C) the Military Department, in the case of a contract for the 542 Raised Bill No. 5400 |
---|
648 | 648 | | |
---|
649 | 649 | | |
---|
650 | 650 | | |
---|
651 | 651 | | LCO No. 2239 18 of 35 |
---|
652 | 652 | | |
---|
653 | 653 | | construction of or work on a building or other public work under the 543 |
---|
654 | 654 | | supervision and control of said department and "community court 544 |
---|
655 | 655 | | project", "downtown Hartford higher education center project", 545 |
---|
656 | 656 | | "correctional facility project", "juvenile detention center project" and 546 |
---|
657 | 657 | | "priority higher education facility project" have the same meanings as 547 |
---|
658 | 658 | | provided in section 4b-55. 548 |
---|
659 | 659 | | (2) Except as provided in subdivision (3) of this subsection, every 549 |
---|
660 | 660 | | contract for the construction, reconstruction, alteration, remodeling, 550 |
---|
661 | 661 | | repair or demolition of any public building or any other public work by 551 |
---|
662 | 662 | | the state that is estimated to cost more than five hundred thousand 552 |
---|
663 | 663 | | dollars shall be awarded to the lowest responsible and qualified general 553 |
---|
664 | 664 | | bidder who is prequalified pursuant to section 4a-100 on the basis of 554 |
---|
665 | 665 | | competitive bids in accordance with the procedures set forth in this 555 |
---|
666 | 666 | | chapter, after the awarding authority has invited such bids by posting 556 |
---|
667 | 667 | | notice on the State Contracting Portal. The awarding authority shall 557 |
---|
668 | 668 | | indicate the prequalification classification required for the contract in 558 |
---|
669 | 669 | | such notice. 559 |
---|
670 | 670 | | (3) The requirements set forth in subdivision (2) of this subsection 560 |
---|
671 | 671 | | shall not apply to (A) a public highway or bridge project or any other 561 |
---|
672 | 672 | | construction project administered by the Department of Transportation, 562 |
---|
673 | 673 | | or (B) a contract awarded by the Commissioner of Administrative 563 |
---|
674 | 674 | | Services for (i) any public building or other public works project 564 |
---|
675 | 675 | | administered by the Department of Administrative Services that is 565 |
---|
676 | 676 | | estimated to cost one million five hundred thousand dollars or less, (ii) 566 |
---|
677 | 677 | | a community court project, (iii) the downtown Hartford higher 567 |
---|
678 | 678 | | education center project, (iv) a correctional facility project, (v) a juvenile 568 |
---|
679 | 679 | | detention center project, or (vi) a student residential facility for the 569 |
---|
680 | 680 | | Connecticut State University System that is a priority higher education 570 |
---|
681 | 681 | | facility project. 571 |
---|
682 | 682 | | (4) Every contract for the construction, reconstruction, alteration, 572 |
---|
683 | 683 | | remodeling, repair or demolition of any public building or any other 573 |
---|
684 | 684 | | public work by a public agency that is paid for, in whole or in part, with 574 |
---|
685 | 685 | | state funds and that is estimated to cost more than five hundred 575 Raised Bill No. 5400 |
---|
686 | 686 | | |
---|
687 | 687 | | |
---|
688 | 688 | | |
---|
689 | 689 | | LCO No. 2239 19 of 35 |
---|
690 | 690 | | |
---|
691 | 691 | | thousand dollars shall be awarded to a bidder that is prequalified 576 |
---|
692 | 692 | | pursuant to section 4a-100 after the public agency has invited such bids 577 |
---|
693 | 693 | | by posting notice on the State Contracting Portal, except for (A) a public 578 |
---|
694 | 694 | | highway or bridge project or any other construction p roject 579 |
---|
695 | 695 | | administered by the Department of Transportation, or (B) any public 580 |
---|
696 | 696 | | building or other public works project administered by the Department 581 |
---|
697 | 697 | | of Administrative Services that is estimated to cost one million five 582 |
---|
698 | 698 | | hundred thousand dollars or less. The awarding authority or public 583 |
---|
699 | 699 | | agency, as the case may be, shall indicate the prequalification 584 |
---|
700 | 700 | | classification required for the contract in such notice. 585 |
---|
701 | 701 | | (5) (A) The Commissioner of Administrative Services may select 586 |
---|
702 | 702 | | contractors to be on lists established for the purpose of providing 587 |
---|
703 | 703 | | contractor services for the construction, reconstruction, alteration, 588 |
---|
704 | 704 | | remodeling, repair or demolition of any public building or other public 589 |
---|
705 | 705 | | works project administered by the Department of Administrative 590 |
---|
706 | 706 | | Services involving an expense to the state of one million five hundred 591 |
---|
707 | 707 | | thousand dollars or less. The commissioner shall use the 592 |
---|
708 | 708 | | prequalification classifications established pursuant to section 4a-100 to 593 |
---|
709 | 709 | | determine the specific categories of services that contractors may 594 |
---|
710 | 710 | | perform after being selected in accordance with this subparagraph and 595 |
---|
711 | 711 | | subparagraph (B) of this subdivision and awarded a contract in 596 |
---|
712 | 712 | | accordance with subparagraph (C) of this subdivision. The 597 |
---|
713 | 713 | | commissioner may establish a separate list for projects involving an 598 |
---|
714 | 714 | | expense to the state of less than five hundred thousand dollars for the 599 |
---|
715 | 715 | | purpose of selecting and utilizing the services of small contractors, [and] 600 |
---|
716 | 716 | | minority business enterprises and veteran-owned micro businesses, as 601 |
---|
717 | 717 | | such terms are defined in section 4a-60g, as amended by this act. 602 |
---|
718 | 718 | | (B) The commissioner shall invite contractors to submit qualifications 603 |
---|
719 | 719 | | for each specific category of services sought by the department by 604 |
---|
720 | 720 | | posting notice of such invitation on the State Contracting Portal. The 605 |
---|
721 | 721 | | notice shall be in the form determined by the commissioner, and shall 606 |
---|
722 | 722 | | set forth the information that a contractor is required to submit to be 607 |
---|
723 | 723 | | considered for selection. Upon receipt of the submittal from the 608 |
---|
724 | 724 | | contractor, the commissioner shall select, for each specified category, 609 Raised Bill No. 5400 |
---|
725 | 725 | | |
---|
726 | 726 | | |
---|
727 | 727 | | |
---|
728 | 728 | | LCO No. 2239 20 of 35 |
---|
729 | 729 | | |
---|
730 | 730 | | those contractors who (i) are determined to be the most responsible and 610 |
---|
731 | 731 | | qualified, as such terms are defined in section 4b-92, to perform the 611 |
---|
732 | 732 | | work required under the specified category, (ii) have demonstrated the 612 |
---|
733 | 733 | | skill, ability and integrity to fulfill contract obligations considering their 613 |
---|
734 | 734 | | past performance, financial responsibility and experience with projects 614 |
---|
735 | 735 | | of the size, scope and complexity required by the state under the 615 |
---|
736 | 736 | | specified category, and (iii) for projects with a cost exceeding five 616 |
---|
737 | 737 | | hundred thousand dollars, have the ability to obtain the requisite 617 |
---|
738 | 738 | | bonding. The commissioner shall establish the duration that each list 618 |
---|
739 | 739 | | remains in effect, which in no event may exceed three years. 619 |
---|
740 | 740 | | (C) For any public building or public works project involving an 620 |
---|
741 | 741 | | expense to the state of one million five hundred thousand dollars or less, 621 |
---|
742 | 742 | | the commissioner shall invite bids from only those contractors selected 622 |
---|
743 | 743 | | pursuant to subparagraphs (A) and (B) of this subdivision for the 623 |
---|
744 | 744 | | specific category of services required for the particular project. The 624 |
---|
745 | 745 | | commissioner shall determine the form of bid invitation, the manner of, 625 |
---|
746 | 746 | | and time for, submission of bids, and the conditions and requirements 626 |
---|
747 | 747 | | of such bids. The contract shall be awarded to the lowest responsible 627 |
---|
748 | 748 | | and qualified bidder, subject to the provisions of sections 4b-92 and 4b-628 |
---|
749 | 749 | | 94. In the event that fewer than three bids are received in response to an 629 |
---|
750 | 750 | | invitation to bid under this subdivision, or that all the bids are in excess 630 |
---|
751 | 751 | | of the amount of available funds for the project, the commissioner may 631 |
---|
752 | 752 | | negotiate a contract with any of the contractors submitting a bid, or 632 |
---|
753 | 753 | | reject the bids received and rebid the project in accordance with this 633 |
---|
754 | 754 | | section. 634 |
---|
755 | 755 | | Sec. 7. Section 4-261 of the general statutes is repealed and the 635 |
---|
756 | 756 | | following is substituted in lieu thereof (Effective October 1, 2020): 636 |
---|
757 | 757 | | (a) Each public-private partnership project shall either be subject to 637 |
---|
758 | 758 | | the prevailing wage requirements pursuant to section 31-53 or the rate 638 |
---|
759 | 759 | | established by the use of a project labor agreement. The agency shall 639 |
---|
760 | 760 | | provide notice of which requirement applies prior to soliciting bids or 640 |
---|
761 | 761 | | proposals for such public-private partnership. 641 Raised Bill No. 5400 |
---|
762 | 762 | | |
---|
763 | 763 | | |
---|
764 | 764 | | |
---|
765 | 765 | | LCO No. 2239 21 of 35 |
---|
766 | 766 | | |
---|
767 | 767 | | (b) Each public-private partnership project shall comply with: (1) The 642 |
---|
768 | 768 | | state's environmental policy requirements as set forth in sections 22a-1 643 |
---|
769 | 769 | | and 22a-1a, (2) the requirements of the set-aside program for small 644 |
---|
770 | 770 | | contractors, minority business enterprises and veteran-owned micro 645 |
---|
771 | 771 | | businesses, as set forth in section 4a-60g, as amended by this act, and (3) 646 |
---|
772 | 772 | | any applicable permitting or inspection requirements for projects of a 647 |
---|
773 | 773 | | similar type, scope and size as set forth in the general statutes or the 648 |
---|
774 | 774 | | local ordinances of the municipality where the project is to be located. 649 |
---|
775 | 775 | | (c) Any agency that is subject to section 4e-16 shall comply with the 650 |
---|
776 | 776 | | provisions of section 4e-16, provided, notwithstanding the provisions of 651 |
---|
777 | 777 | | subsection (a) of section 4e-16, any agency that enters into a partnership 652 |
---|
778 | 778 | | agreement concerning the operations or maintenance of a state facility 653 |
---|
779 | 779 | | that meets the definition of a privatization contract, as defined in section 654 |
---|
780 | 780 | | 4e-1, as amended by this act, shall be subject to the requirements of 655 |
---|
781 | 781 | | section 4e-16 regardless of whether such services are currently 656 |
---|
782 | 782 | | privatized. 657 |
---|
783 | 783 | | Sec. 8. Section 4e-1 of the general statutes is repealed and the 658 |
---|
784 | 784 | | following is substituted in lieu thereof (Effective October 1, 2020): 659 |
---|
785 | 785 | | For the purposes of sections 4e-1 to 4e-47, inclusive: 660 |
---|
786 | 786 | | (1) "Best value selection" means a contract selection process in which 661 |
---|
787 | 787 | | the award of a contract is based on a combination of quality, timeliness 662 |
---|
788 | 788 | | and cost factors; 663 |
---|
789 | 789 | | (2) "Bid" means an offer, submitted in response to an invitation to bid, 664 |
---|
790 | 790 | | to furnish supplies, materials, equipment, construction or contractual 665 |
---|
791 | 791 | | services to a state contracting agency under prescribed conditions at a 666 |
---|
792 | 792 | | stated price; 667 |
---|
793 | 793 | | (3) "Bidder" means a business submitting a bid in response to an 668 |
---|
794 | 794 | | invitation to bid by a state contracting agency; 669 |
---|
795 | 795 | | (4) "Business" means any individual or sole proprietorship, 670 |
---|
796 | 796 | | partnership, firm, corporation, trust, limited liability company, limited 671 Raised Bill No. 5400 |
---|
797 | 797 | | |
---|
798 | 798 | | |
---|
799 | 799 | | |
---|
800 | 800 | | LCO No. 2239 22 of 35 |
---|
801 | 801 | | |
---|
802 | 802 | | liability partnership, joint stock company, joint venture, association or 672 |
---|
803 | 803 | | other legal entity through which business for profit or not-for-profit is 673 |
---|
804 | 804 | | conducted; 674 |
---|
805 | 805 | | (5) "Competitive bidding" means the submission of prices by a 675 |
---|
806 | 806 | | business competing for a contract to provide supplies, materials, 676 |
---|
807 | 807 | | equipment or contractual services to a state contracting agency, under a 677 |
---|
808 | 808 | | procedure in which the contracting authority does not negotiate prices, 678 |
---|
809 | 809 | | as set forth in statutes and regulations concerning procurement; 679 |
---|
810 | 810 | | (6) "Consultant" means (A) any architect, professional engineer, 680 |
---|
811 | 811 | | landscape architect, land surveyor, accountant, interior designer, 681 |
---|
812 | 812 | | environmental professional or construction administrator, who is 682 |
---|
813 | 813 | | registered or licensed to practice such person's profession in accordance 683 |
---|
814 | 814 | | with the applicable provisions of the general statutes, (B) any planner or 684 |
---|
815 | 815 | | any environmental, management or financial specialist, or (C) any 685 |
---|
816 | 816 | | person who performs professional work in areas including, but not 686 |
---|
817 | 817 | | limited to, educational services, medical services, information 687 |
---|
818 | 818 | | technology and real estate appraisal; 688 |
---|
819 | 819 | | (7) "Consultant services" means those professional services rendered 689 |
---|
820 | 820 | | by a consultant and any incidental services that a consultant and those 690 |
---|
821 | 821 | | in the consultant's employ are authorized to perform; 691 |
---|
822 | 822 | | (8) "Contract" or "state contract" means an agreement or a 692 |
---|
823 | 823 | | combination or series of agreements between a state contracting agency 693 |
---|
824 | 824 | | or quasi-public agency and a business for: 694 |
---|
825 | 825 | | (A) A project for the construction, reconstruction, alteration, 695 |
---|
826 | 826 | | remodeling, repair or demolition of any public building, public work, 696 |
---|
827 | 827 | | mass transit, rail station, parking garage, rail track or airport; 697 |
---|
828 | 828 | | (B) Services, including, but not limited to, consultant and professional 698 |
---|
829 | 829 | | services; 699 |
---|
830 | 830 | | (C) The acquisition or disposition of personal property; 700 |
---|
831 | 831 | | (D) The provision of goods and services, including, but not limited 701 Raised Bill No. 5400 |
---|
832 | 832 | | |
---|
833 | 833 | | |
---|
834 | 834 | | |
---|
835 | 835 | | LCO No. 2239 23 of 35 |
---|
836 | 836 | | |
---|
837 | 837 | | to, the use of purchase of services contracts and personal service 702 |
---|
838 | 838 | | agreements; 703 |
---|
839 | 839 | | (E) The provision of information technology, state agency 704 |
---|
840 | 840 | | information system or telecommunication system facilities, equipment 705 |
---|
841 | 841 | | or services; 706 |
---|
842 | 842 | | (F) A lease; or 707 |
---|
843 | 843 | | (G) A licensing agreement; 708 |
---|
844 | 844 | | "Contract" or "state contract" does not include a contract between a state 709 |
---|
845 | 845 | | agency or a quasi-public agency and a political subdivision of the state; 710 |
---|
846 | 846 | | (9) "Term contract" means the agreement reached when the state 711 |
---|
847 | 847 | | accepts a bid or proposal to furnish supplies, materials, equipment or 712 |
---|
848 | 848 | | contractual services at a stated price for a specific period of time in 713 |
---|
849 | 849 | | response to an invitation to bid; 714 |
---|
850 | 850 | | (10) "Contract risk assessment" means (A) the identification and 715 |
---|
851 | 851 | | evaluation of loss exposures and risks, including, but not limited to, 716 |
---|
852 | 852 | | business and legal risks associated with the contracting process and the 717 |
---|
853 | 853 | | contracted goods and services, and (B) the identification, evaluation and 718 |
---|
854 | 854 | | implementation of measures available to minimize potential loss 719 |
---|
855 | 855 | | exposures and risks; 720 |
---|
856 | 856 | | (11) "Contractor" means any business that is awarded, or is a 721 |
---|
857 | 857 | | subcontractor under, a contract or an amendment to a contract with a 722 |
---|
858 | 858 | | state contracting agency under statutes and regulations concerning 723 |
---|
859 | 859 | | procurement, including, but not limited to, a small contractor, minority 724 |
---|
860 | 860 | | business enterprise or veteran-owned micro business as defined in 725 |
---|
861 | 861 | | section 4a-60g, as amended by this act, an individual with a disability, 726 |
---|
862 | 862 | | as defined in section 4a-60, or an organization providing products and 727 |
---|
863 | 863 | | services by persons with disabilities; 728 |
---|
864 | 864 | | (12) "Contractual services" means the furnishing of labor by a 729 |
---|
865 | 865 | | contractor, not involving the delivery of a specific end product other 730 |
---|
866 | 866 | | than reports, which are merely incidental to the required performance 731 Raised Bill No. 5400 |
---|
867 | 867 | | |
---|
868 | 868 | | |
---|
869 | 869 | | |
---|
870 | 870 | | LCO No. 2239 24 of 35 |
---|
871 | 871 | | |
---|
872 | 872 | | and includes any and all laundry and cleaning service, pest control 732 |
---|
873 | 873 | | service, janitorial service, security service, the rental and repair, or 733 |
---|
874 | 874 | | maintenance, of equipment, machinery and other state-owned personal 734 |
---|
875 | 875 | | property, advertising and photostating, mimeographing, human 735 |
---|
876 | 876 | | services and other service arrangements where the services are 736 |
---|
877 | 877 | | provided by persons other than state employees. "Contractual services" 737 |
---|
878 | 878 | | includes the design, development and implementation of technology, 738 |
---|
879 | 879 | | communications or telecommunications systems or the infrastructure 739 |
---|
880 | 880 | | pertaining thereto, including hardware and software and services for 740 |
---|
881 | 881 | | which a contractor is conferred a benefit by the state, whether or not 741 |
---|
882 | 882 | | compensated by the state. "Contractual services" does not include 742 |
---|
883 | 883 | | employment agreements or collective bargaining agreements; 743 |
---|
884 | 884 | | (13) "Data" means recorded information, regardless of form or 744 |
---|
885 | 885 | | characteristic; 745 |
---|
886 | 886 | | (14) "Vote of two-thirds of the members of the board present and 746 |
---|
887 | 887 | | voting" means a vote by the State Contracting Standards Board that is 747 |
---|
888 | 888 | | agreed upon by two-thirds of the members of the State Contracting 748 |
---|
889 | 889 | | Standards Board present and voting for a particular purpose and that 749 |
---|
890 | 890 | | includes the vote of one member of the board appointed by a legislative 750 |
---|
891 | 891 | | leader; 751 |
---|
892 | 892 | | (15) "Electronic" means electrical, digital, magnetic, optical, 752 |
---|
893 | 893 | | electromagnetic, or any other similar technology; 753 |
---|
894 | 894 | | (16) "Emergency procurement" means procurement by a state 754 |
---|
895 | 895 | | contracting agency, quasi-public agency, as defined in section 1-120, 755 |
---|
896 | 896 | | judicial department or constituent unit of higher education that is made 756 |
---|
897 | 897 | | necessary by a sudden, unexpected occurrence that poses a clear and 757 |
---|
898 | 898 | | imminent danger to public safety or requires immediate action to 758 |
---|
899 | 899 | | prevent or mitigate the loss or impairment of life, health, property or 759 |
---|
900 | 900 | | essential public services or in response to a court order, settlement 760 |
---|
901 | 901 | | agreement or other similar legal judgment; 761 |
---|
902 | 902 | | (17) "Equipment" means personal property of a durable nature that 762 |
---|
903 | 903 | | retains its identity throughout its useful life; 763 Raised Bill No. 5400 |
---|
904 | 904 | | |
---|
905 | 905 | | |
---|
906 | 906 | | |
---|
907 | 907 | | LCO No. 2239 25 of 35 |
---|
908 | 908 | | |
---|
909 | 909 | | (18) "Materials" means items required to perform a function or used 764 |
---|
910 | 910 | | in a manufacturing process, particularly those incorporated into an end 765 |
---|
911 | 911 | | product or consumed in its manufacture; 766 |
---|
912 | 912 | | (19) "Nonprofit agency" means any organization that is not a for-767 |
---|
913 | 913 | | profit business under Section 501(c)(3) of the Internal Revenue Code of 768 |
---|
914 | 914 | | 1986, or any subsequent corresponding internal revenue code of the 769 |
---|
915 | 915 | | United States, as from time to time amended, makes no distribution to 770 |
---|
916 | 916 | | its members, directors or officers and provides services contracted for 771 |
---|
917 | 917 | | by (A) the state, or (B) a nonstate entity; 772 |
---|
918 | 918 | | (20) "Professional services" means any type of service to the public 773 |
---|
919 | 919 | | that requires that members of a profession rendering such service obtain 774 |
---|
920 | 920 | | a license or other legal authorization as a condition precedent to the 775 |
---|
921 | 921 | | rendition thereof, including, but not limited to, the professional services 776 |
---|
922 | 922 | | of architects, professional engineers, or jointly by architects and 777 |
---|
923 | 923 | | professional engineers, landscape architects, certified public 778 |
---|
924 | 924 | | accountants and public accountants, land surveyors, attorneys-at-law, 779 |
---|
925 | 925 | | psychologists, licensed marital and family therapists, licensed 780 |
---|
926 | 926 | | professional counselors and licensed clinical social workers as well as 781 |
---|
927 | 927 | | such other professional services described in section 33-182a; 782 |
---|
928 | 928 | | (21) "Privatization contract" means an agreement or series of 783 |
---|
929 | 929 | | agreements between a state contracting agency and a person or entity in 784 |
---|
930 | 930 | | which such person or entity agrees to provide services that are 785 |
---|
931 | 931 | | substantially similar to and in lieu of services provided, in whole or in 786 |
---|
932 | 932 | | part, by state employees, other than contracts with a nonprofit agency, 787 |
---|
933 | 933 | | which are in effect as of January 1, 2009, and which through a renewal, 788 |
---|
934 | 934 | | modification, extension or rebidding of contracts continue to be 789 |
---|
935 | 935 | | provided by a nonprofit agency; 790 |
---|
936 | 936 | | (22) "Procurement" means contracting for, buying, purchasing, 791 |
---|
937 | 937 | | renting, leasing or otherwise acquiring or disposing of, any supplies, 792 |
---|
938 | 938 | | services, including but not limited to, contracts for purchase of services 793 |
---|
939 | 939 | | and personal service agreements, interest in real property, or 794 |
---|
940 | 940 | | construction, and includes all government functions that relate to such 795 Raised Bill No. 5400 |
---|
941 | 941 | | |
---|
942 | 942 | | |
---|
943 | 943 | | |
---|
944 | 944 | | LCO No. 2239 26 of 35 |
---|
945 | 945 | | |
---|
946 | 946 | | activities, including best value selection and qualification based 796 |
---|
947 | 947 | | selection; 797 |
---|
948 | 948 | | (23) "Proposer" means a business submitting a proposal to a state 798 |
---|
949 | 949 | | contracting agency in response to a request for proposals or other 799 |
---|
950 | 950 | | competitive sealed proposal; 800 |
---|
951 | 951 | | (24) "Public record" means a public record, as defined in section 1-801 |
---|
952 | 952 | | 200; 802 |
---|
953 | 953 | | (25) "Qualification based selection" means a contract selection process 803 |
---|
954 | 954 | | in which the award of a contract is primarily based on an assessment of 804 |
---|
955 | 955 | | contractor qualifications and on the negotiation of a fair and reasonable 805 |
---|
956 | 956 | | price; 806 |
---|
957 | 957 | | (26) "Regulation" means regulation, as defined in section 4-166; 807 |
---|
958 | 958 | | (27) "Request for proposals" means all documents, whether attached 808 |
---|
959 | 959 | | or incorporated by reference, utilized for soliciting proposals; 809 |
---|
960 | 960 | | (28) "State contracting agency" means any executive branch agency, 810 |
---|
961 | 961 | | board, commission, department, office, institution or council. "State 811 |
---|
962 | 962 | | contracting agency" does not include the judicial branch, the legislative 812 |
---|
963 | 963 | | branch, the offices of the Secretary of the State, the State Comptroller, 813 |
---|
964 | 964 | | the Attorney General, the State Treasurer, with respect to their 814 |
---|
965 | 965 | | constitutional functions, any state agency with respect to contracts 815 |
---|
966 | 966 | | specific to the constitutional and statutory functions of the office of the 816 |
---|
967 | 967 | | State Treasurer. For the purposes of section 4e-16, "state contracting 817 |
---|
968 | 968 | | agency" includes any constituent unit of the state system of higher 818 |
---|
969 | 969 | | education and for the purposes of section 4e-19, "state contracting 819 |
---|
970 | 970 | | agency" includes the State Education Resource Center, established 820 |
---|
971 | 971 | | under section 10-4q; 821 |
---|
972 | 972 | | (29) "Subcontractor" means a subcontractor of a contractor for work 822 |
---|
973 | 973 | | under a contract or an amendment to a contract; 823 |
---|
974 | 974 | | (30) "Supplies" means any and all articles of personal property, 824 |
---|
975 | 975 | | including, but not limited to, equipment, materials, printing, insurance 825 Raised Bill No. 5400 |
---|
976 | 976 | | |
---|
977 | 977 | | |
---|
978 | 978 | | |
---|
979 | 979 | | LCO No. 2239 27 of 35 |
---|
980 | 980 | | |
---|
981 | 981 | | and leases of real property, excluding land or a permanent interest in 826 |
---|
982 | 982 | | land furnished to or used by any state agency; 827 |
---|
983 | 983 | | (31) "Infrastructure facility" means a building, structure or network 828 |
---|
984 | 984 | | of buildings, structures, pipes, controls and equipment that provide 829 |
---|
985 | 985 | | transportation, utilities, public education or public safety services. 830 |
---|
986 | 986 | | Infrastructure facility includes government office buildings, public 831 |
---|
987 | 987 | | schools, jails, water treatment plants, distribution systems and pumping 832 |
---|
988 | 988 | | stations, wastewater treatment plants, collections systems and pumping 833 |
---|
989 | 989 | | stations, solid waste disposal plants, incinerators, landfills, and related 834 |
---|
990 | 990 | | facilities, public roads and streets, highways, public parking facilities, 835 |
---|
991 | 991 | | public transportation systems, terminals and rolling stock, rail, air and 836 |
---|
992 | 992 | | water port structures, terminals and equipment; and 837 |
---|
993 | 993 | | (32) "State employee" means state employee, as defined in section 5-838 |
---|
994 | 994 | | 154 and, for purposes of section 4e-16, state employee includes an 839 |
---|
995 | 995 | | employee of any state contracting agency. 840 |
---|
996 | 996 | | Sec. 9. Subsections (a) and (b) of section 4e-12 of the general statutes 841 |
---|
997 | 997 | | are repealed and the following is substituted in lieu thereof (Effective 842 |
---|
998 | 998 | | October 1, 2020): 843 |
---|
999 | 999 | | (a) [On or before February 1, 2011, the] The judicial branch and the 844 |
---|
1000 | 1000 | | legislative branch shall each prepare a procurement code applicable to 845 |
---|
1001 | 1001 | | contracting expenditures, including, but not limited to, expenditures: (1) 846 |
---|
1002 | 1002 | | Involving contracting and procurement processes for purchasing or 847 |
---|
1003 | 1003 | | leasing of supplies, materials or equipment, consultant or consultant 848 |
---|
1004 | 1004 | | services, personal service agreements or purchase of service 849 |
---|
1005 | 1005 | | agreements; and (2) relating to contracts for the renovation, alteration or 850 |
---|
1006 | 1006 | | repair of any judicial branch or legislative branch facility in accordance 851 |
---|
1007 | 1007 | | with section 4b-1. 852 |
---|
1008 | 1008 | | (b) The procurement codes described in subsection (a) of this section 853 |
---|
1009 | 1009 | | shall be designed to: (1) Establish uniform contracting standards and 854 |
---|
1010 | 1010 | | practices; (2) simplify and clarify contracting standards and 855 |
---|
1011 | 1011 | | procurement policies and practices, including, but not limited to, 856 |
---|
1012 | 1012 | | procedures for competitive sealed bids, competitive sealed proposals, 857 Raised Bill No. 5400 |
---|
1013 | 1013 | | |
---|
1014 | 1014 | | |
---|
1015 | 1015 | | |
---|
1016 | 1016 | | LCO No. 2239 28 of 35 |
---|
1017 | 1017 | | |
---|
1018 | 1018 | | small purchases, sole source procurements, emergency procurements 858 |
---|
1019 | 1019 | | and special procurements; (3) ensure the fair and equitable treatment of 859 |
---|
1020 | 1020 | | all businesses and persons who deal with the procurement system; (4) 860 |
---|
1021 | 1021 | | include a process to maximize the use of small contractors, [and] 861 |
---|
1022 | 1022 | | minority business enterprises and veteran-owned micro businesses, as 862 |
---|
1023 | 1023 | | defined in section 4a-60g, as amended by this act; (5) provide increased 863 |
---|
1024 | 1024 | | economy in procurement activities and maximize purchasing value to 864 |
---|
1025 | 1025 | | the fullest extent possible; (6) ensure that the procurement of supplies, 865 |
---|
1026 | 1026 | | materials, equipment, services, real property and construction is 866 |
---|
1027 | 1027 | | obtained in a cost-effective and responsive manner; (7) include a process 867 |
---|
1028 | 1028 | | to ensure contractor and judicial branch or legislative branch 868 |
---|
1029 | 1029 | | accountability; and (8) provide a process for competitive sealed bids, 869 |
---|
1030 | 1030 | | competitive sealed proposals, small purchases, sole source 870 |
---|
1031 | 1031 | | procurements, emergency procurements, special procurements, best 871 |
---|
1032 | 1032 | | value selection, qualification based selection and the conditions for their 872 |
---|
1033 | 1033 | | use. 873 |
---|
1034 | 1034 | | Sec. 10. Section 7-148u of the general statutes is repealed and the 874 |
---|
1035 | 1035 | | following is substituted in lieu thereof (Effective October 1, 2020): 875 |
---|
1036 | 1036 | | (a) As used in this section: 876 |
---|
1037 | 1037 | | (1) "Small contractor" means any contractor, subcontractor, 877 |
---|
1038 | 1038 | | manufacturer or service company (A) which has been doing business 878 |
---|
1039 | 1039 | | and has maintained its principal place of business in the state for a 879 |
---|
1040 | 1040 | | period of at least one year prior to the date of application for certification 880 |
---|
1041 | 1041 | | under this section, (B) which had gross revenues not exceeding ten 881 |
---|
1042 | 1042 | | million dollars in the most recently completed fiscal year prior to such 882 |
---|
1043 | 1043 | | application, and (C) at least fifty-one per cent of the ownership of which 883 |
---|
1044 | 1044 | | is held by a person or persons who are active in the daily affairs of the 884 |
---|
1045 | 1045 | | business and have the power to direct the management and policies of 885 |
---|
1046 | 1046 | | the business. 886 |
---|
1047 | 1047 | | (2) "Minority business enterprise" means any small contractor (A) 887 |
---|
1048 | 1048 | | fifty-one per cent or more of the capital stock, if any, or assets of which 888 |
---|
1049 | 1049 | | are owned by a person or persons (i) who are active in the daily affairs 889 Raised Bill No. 5400 |
---|
1050 | 1050 | | |
---|
1051 | 1051 | | |
---|
1052 | 1052 | | |
---|
1053 | 1053 | | LCO No. 2239 29 of 35 |
---|
1054 | 1054 | | |
---|
1055 | 1055 | | of the enterprise, (ii) who have the power to direct the management and 890 |
---|
1056 | 1056 | | policies of the enterprise, and (iii) who are members of a minority, as 891 |
---|
1057 | 1057 | | such term is defined in subsection (a) of section 32-9n, or (B) who is an 892 |
---|
1058 | 1058 | | individual with a disability. 893 |
---|
1059 | 1059 | | (3) "Individual with a disability" means an individual (A) having a 894 |
---|
1060 | 1060 | | physical impairment that substantially limits one or more of the major 895 |
---|
1061 | 1061 | | life activities of the individual, or (B) having a record of such an 896 |
---|
1062 | 1062 | | impairment. 897 |
---|
1063 | 1063 | | (4) "Veteran-owned micro business" has the same meaning as 898 |
---|
1064 | 1064 | | provided in section 4a-59, as amended by this act. 899 |
---|
1065 | 1065 | | (b) Notwithstanding any provision of the general statutes or of any 900 |
---|
1066 | 1066 | | special act or any municipal charter or home rule ordinance, a 901 |
---|
1067 | 1067 | | municipality may, by ordinance, set aside in each fiscal year, for award 902 |
---|
1068 | 1068 | | to small contractors, minority business enterprises and veteran-owned 903 |
---|
1069 | 1069 | | micro businesses, on the basis of a competitive bidding procedure, 904 |
---|
1070 | 1070 | | municipal contracts or portions of municipal contracts for the 905 |
---|
1071 | 1071 | | construction, reconstruction or rehabilitation of public buildings, the 906 |
---|
1072 | 1072 | | construction and maintenance of highways and the purchase of goods 907 |
---|
1073 | 1073 | | and services. The total value of such contracts or portions thereof to be 908 |
---|
1074 | 1074 | | set aside shall be not more than twenty-five per cent of the average of 909 |
---|
1075 | 1075 | | the total value of all such contracts let by the municipality for each of 910 |
---|
1076 | 1076 | | the previous three fiscal years, provided a contract that may not be set 911 |
---|
1077 | 1077 | | aside due to a conflict with a federal law or regulation shall not be 912 |
---|
1078 | 1078 | | included in the calculation of such average. Contracts or portions 913 |
---|
1079 | 1079 | | thereof having a value of not less than twenty-five per cent of the total 914 |
---|
1080 | 1080 | | value of all contracts or portions thereof to be set aside shall be reserved 915 |
---|
1081 | 1081 | | for awards to minority business enterprises. 916 |
---|
1082 | 1082 | | Sec. 11. Subsection (e) of section 8-169jj of the 2020 supplement to the 917 |
---|
1083 | 1083 | | general statutes is repealed and the following is substituted in lieu 918 |
---|
1084 | 1084 | | thereof (Effective October 1, 2020): 919 |
---|
1085 | 1085 | | (e) The authority shall have the power to negotiate, and, with the 920 |
---|
1086 | 1086 | | approval of the Secretary of the Office of Policy and Management, to 921 Raised Bill No. 5400 |
---|
1087 | 1087 | | |
---|
1088 | 1088 | | |
---|
1089 | 1089 | | |
---|
1090 | 1090 | | LCO No. 2239 30 of 35 |
---|
1091 | 1091 | | |
---|
1092 | 1092 | | enter into an agreement with any private developer, owner or lessee of 922 |
---|
1093 | 1093 | | any building or improvement located on land in a development district 923 |
---|
1094 | 1094 | | providing for payments to the authority in lieu of real property taxes. 924 |
---|
1095 | 1095 | | Such an agreement shall be made a condition of any private right of 925 |
---|
1096 | 1096 | | development within the development district, and shall include a 926 |
---|
1097 | 1097 | | requirement that such private developer, owner or lessee make good 927 |
---|
1098 | 1098 | | faith efforts to hire, or cause to be hired, available and qualified minority 928 |
---|
1099 | 1099 | | business enterprises and veteran-owned micro businesses, as defined in 929 |
---|
1100 | 1100 | | section 4a-60g, as amended by this act, to provide construction services 930 |
---|
1101 | 1101 | | and materials for improvements to be constructed within the 931 |
---|
1102 | 1102 | | development district in an effort to achieve (1) a minority business 932 |
---|
1103 | 1103 | | enterprise utilization goal of ten per cent, and (2) a veteran-owned micro 933 |
---|
1104 | 1104 | | business utilization goal of five per cent, of the total costs of construction 934 |
---|
1105 | 1105 | | services and materials for such improvements. Such payments to the 935 |
---|
1106 | 1106 | | authority in lieu of real property taxes shall have the same lien and 936 |
---|
1107 | 1107 | | priority, and may be enforced by the authority in the same manner, as 937 |
---|
1108 | 1108 | | provided for municipal real property taxes. Such payments as received 938 |
---|
1109 | 1109 | | by the authority shall be used to carry out the purposes of the authority 939 |
---|
1110 | 1110 | | set forth in subsection (a) of this section. 940 |
---|
1111 | 1111 | | Sec. 12. Subsection (d) of section 8-169mm of the 2020 supplement to 941 |
---|
1112 | 1112 | | the general statutes is repealed and the following is substituted in lieu 942 |
---|
1113 | 1113 | | thereof (Effective October 1, 2020): 943 |
---|
1114 | 1114 | | (d) The authority shall designate a contract compliance officer from 944 |
---|
1115 | 1115 | | its staff to monitor compliance of the operations of facilities and parking 945 |
---|
1116 | 1116 | | facilities associated with authority development projects that are under 946 |
---|
1117 | 1117 | | the management or control of the authority, with (1) the provisions of 947 |
---|
1118 | 1118 | | state law applicable to such operations, and (2) applicable requirements 948 |
---|
1119 | 1119 | | of contracts entered into by the authority relating to set-asides for small 949 |
---|
1120 | 1120 | | contractors, [and] minority business enterprises and veteran-owned 950 |
---|
1121 | 1121 | | micro businesses, as defined in section 4a-60g, as amended by this act, 951 |
---|
1122 | 1122 | | and required efforts to hire available and qualified members of 952 |
---|
1123 | 1123 | | minorities, as defined in section 32-9n. Each year during the period of 953 |
---|
1124 | 1124 | | operations of facilities associated with authority development projects, 954 |
---|
1125 | 1125 | | such officer shall file a written report with the authority as to findings 955 Raised Bill No. 5400 |
---|
1126 | 1126 | | |
---|
1127 | 1127 | | |
---|
1128 | 1128 | | |
---|
1129 | 1129 | | LCO No. 2239 31 of 35 |
---|
1130 | 1130 | | |
---|
1131 | 1131 | | and recommendations regarding such compliance. 956 |
---|
1132 | 1132 | | Sec. 13. Section 13a-95a of the general statutes is repealed and the 957 |
---|
1133 | 1133 | | following is substituted in lieu thereof (Effective October 1, 2020): 958 |
---|
1134 | 1134 | | The Commissioner of Transportation may, in the performance of his 959 |
---|
1135 | 1135 | | duties under this title and title 13b and notwithstanding the provisions 960 |
---|
1136 | 1136 | | of any general statute to the contrary, award contracts in a total amount 961 |
---|
1137 | 1137 | | not in excess of fifteen million dollars and not in excess of five million 962 |
---|
1138 | 1138 | | dollars per firm for any fiscal year, bidding for which shall be limited to 963 |
---|
1139 | 1139 | | (1) "small business concerns owned and controlled by socially and 964 |
---|
1140 | 1140 | | economically disadvantaged individuals" as defined in the federal Small 965 |
---|
1141 | 1141 | | Business Act, 94 Stat. 2321 (1980) 15 USC 637, [and] (2) minority business 966 |
---|
1142 | 1142 | | enterprises, as defined in section 4a-60g, as amended by this act, and (3) 967 |
---|
1143 | 1143 | | veteran-owned micro businesses, as defined in section 4a-60g, as 968 |
---|
1144 | 1144 | | amended by this act. The commissioner may expend an amount not in 969 |
---|
1145 | 1145 | | excess of three hundred thousand dollars in any fiscal year for the 970 |
---|
1146 | 1146 | | purpose of assisting such concerns in bidding on such contracts. Such 971 |
---|
1147 | 1147 | | assistance shall include, but not be limited to, advice concerning 972 |
---|
1148 | 1148 | | bonding, legal requirements of proper bidding, bid documents, 973 |
---|
1149 | 1149 | | accounting requirements and other matters that will enable such 974 |
---|
1150 | 1150 | | concerns to file a proper bid. 975 |
---|
1151 | 1151 | | Sec. 14. Section 22a-263a of the general statutes is repealed and the 976 |
---|
1152 | 1152 | | following is substituted in lieu thereof (Effective October 1, 2020): 977 |
---|
1153 | 1153 | | The Materials Innovation and Recycling Authority shall make the 978 |
---|
1154 | 1154 | | following information available to the public through the Internet, 979 |
---|
1155 | 1155 | | except for any such information which is not required to be disclosed to 980 |
---|
1156 | 1156 | | the public pursuant to the Freedom of Information Act, as defined in 981 |
---|
1157 | 1157 | | section 1-200: 982 |
---|
1158 | 1158 | | (1) The schedule of meetings of the board of directors of the authority 983 |
---|
1159 | 1159 | | and each committee established by said board, not later than seven days 984 |
---|
1160 | 1160 | | after such schedule is established; 985 |
---|
1161 | 1161 | | (2) Draft minutes of each meeting of the board of directors of the 986 Raised Bill No. 5400 |
---|
1162 | 1162 | | |
---|
1163 | 1163 | | |
---|
1164 | 1164 | | |
---|
1165 | 1165 | | LCO No. 2239 32 of 35 |
---|
1166 | 1166 | | |
---|
1167 | 1167 | | authority and each committee established by said board, not later than 987 |
---|
1168 | 1168 | | seven days after each such meeting is held; 988 |
---|
1169 | 1169 | | (3) Each report required under section 4a-60g, as amended by this act, 989 |
---|
1170 | 1170 | | setting forth small [and minority-business] contractor, minority 990 |
---|
1171 | 1171 | | business enterprise and veteran-owned micro business set-aside 991 |
---|
1172 | 1172 | | program goals and addressing the authority's progress in meeting said 992 |
---|
1173 | 1173 | | goals, not later than seven days after each such report is required to be 993 |
---|
1174 | 1174 | | submitted to the Commission on Human Rights and Opportunities 994 |
---|
1175 | 1175 | | under [said] section 4a-60g, as amended by this act; 995 |
---|
1176 | 1176 | | (4) The annual plan of operations which the authority is required to 996 |
---|
1177 | 1177 | | prepare pursuant to section 22a-264, not later than seven days after the 997 |
---|
1178 | 1178 | | plan is promulgated; 998 |
---|
1179 | 1179 | | (5) Each report that the authority is required to submit to the General 999 |
---|
1180 | 1180 | | Assembly pursuant to the general statutes, not later than seven days 1000 |
---|
1181 | 1181 | | after the report is submitted; 1001 |
---|
1182 | 1182 | | (6) Each audit of the authority conducted by the Auditors of Public 1002 |
---|
1183 | 1183 | | Accounts, each compliance audit of the authority's activities conducted 1003 |
---|
1184 | 1184 | | pursuant to section 1-122 and each audit conducted by an independent 1004 |
---|
1185 | 1185 | | auditing firm, not later than seven days after each such audit is received 1005 |
---|
1186 | 1186 | | by the board of directors of the authority; and 1006 |
---|
1187 | 1187 | | (7) A report on any contract between the authority and a person, 1007 |
---|
1188 | 1188 | | other than a director, officer or employee of the authority, for the 1008 |
---|
1189 | 1189 | | purpose of influencing any legislative or administrative action on behalf 1009 |
---|
1190 | 1190 | | of the authority or providing legal advice to the authority. The report 1010 |
---|
1191 | 1191 | | shall indicate for each such contract (A) the names of the parties to the 1011 |
---|
1192 | 1192 | | contract, (B) the cost of the contract, (C) the term of the contract, (D) a 1012 |
---|
1193 | 1193 | | summary of the services to be provided under the contract, (E) the 1013 |
---|
1194 | 1194 | | method used by the authority to award the contract, and (F) a summary 1014 |
---|
1195 | 1195 | | of the authority's need for the services provided under the contract. 1015 |
---|
1196 | 1196 | | Such report shall be made available through the Internet not later than 1016 |
---|
1197 | 1197 | | fifteen days after the contract is entered into between the authority and 1017 |
---|
1198 | 1198 | | the person. 1018 Raised Bill No. 5400 |
---|
1199 | 1199 | | |
---|
1200 | 1200 | | |
---|
1201 | 1201 | | |
---|
1202 | 1202 | | LCO No. 2239 33 of 35 |
---|
1203 | 1203 | | |
---|
1204 | 1204 | | Sec. 15. Subsection (a) of section 32-23o of the general statutes is 1019 |
---|
1205 | 1205 | | repealed and the following is substituted in lieu thereof (Effective October 1020 |
---|
1206 | 1206 | | 1, 2020): 1021 |
---|
1207 | 1207 | | (a) A Small Contractors' Revolving Loan Fund is created. In order to 1022 |
---|
1208 | 1208 | | stimulate and encourage the growth and development of the state 1023 |
---|
1209 | 1209 | | economy through the private enterprise of veteran-owned micro 1024 |
---|
1210 | 1210 | | businesses, as defined in section 4a-60g, as amended by this act, and 1025 |
---|
1211 | 1211 | | small contractors, the state, acting by the Department of Economic and 1026 |
---|
1212 | 1212 | | Community Development, may provide working capital loans or 1027 |
---|
1213 | 1213 | | provide lines of credit to veteran-owned micro businesses and small 1028 |
---|
1214 | 1214 | | contractors from the Small Contractors' Revolving Loan Fund. For the 1029 |
---|
1215 | 1215 | | purposes of this section, "small contractor" means contractors, 1030 |
---|
1216 | 1216 | | subcontractors, minority business enterprises, manufacturers or service 1031 |
---|
1217 | 1217 | | companies who have been doing business and have maintained their 1032 |
---|
1218 | 1218 | | principal office and place of business in the state for a period of at least 1033 |
---|
1219 | 1219 | | one year prior to the date of their application for assistance under this 1034 |
---|
1220 | 1220 | | section, whose gross revenues in their most recently completed fiscal 1035 |
---|
1221 | 1221 | | year did not exceed one million five hundred thousand dollars and 1036 |
---|
1222 | 1222 | | which are considered small in accordance with such size standards as 1037 |
---|
1223 | 1223 | | shall be established by regulations adopted by the department. In 1038 |
---|
1224 | 1224 | | establishing such standards, the department shall consider the number 1039 |
---|
1225 | 1225 | | of employees of the concern, provided any maximum number of 1040 |
---|
1226 | 1226 | | employees which a small contractor may have under such definition 1041 |
---|
1227 | 1227 | | shall vary from business to business to the extent necessary to reflect 1042 |
---|
1228 | 1228 | | different characteristics of such business and to take proper account of 1043 |
---|
1229 | 1229 | | other relevant factors. Not less than twenty-five per cent of the working 1044 |
---|
1230 | 1230 | | capital loans and lines of credit provided under this section shall be 1045 |
---|
1231 | 1231 | | made available to minority business enterprises and to veteran-owned 1046 |
---|
1232 | 1232 | | micro businesses. The department shall charge and collect interest on 1047 |
---|
1233 | 1233 | | each such working capital loan or line of credit at a rate to be determined 1048 |
---|
1234 | 1234 | | in accordance with subsection (t) of section 3-20. In no event shall the 1049 |
---|
1235 | 1235 | | total amount of such working capital loans or lines of credit provided to 1050 |
---|
1236 | 1236 | | any single small contractor in any period of twelve consecutive months 1051 |
---|
1237 | 1237 | | exceed two hundred thousand dollars. Payments made by small 1052 Raised Bill No. 5400 |
---|
1238 | 1238 | | |
---|
1239 | 1239 | | |
---|
1240 | 1240 | | |
---|
1241 | 1241 | | LCO No. 2239 34 of 35 |
---|
1242 | 1242 | | |
---|
1243 | 1243 | | contractors on all working capital loans and lines of credit paid to the 1053 |
---|
1244 | 1244 | | Treasurer for deposit in the Small Contractors' Revolving Loan Fund 1054 |
---|
1245 | 1245 | | shall be transferred to the Connecticut Growth Fund established under 1055 |
---|
1246 | 1246 | | section 32-23v. The department shall promulgate rules and regulations 1056 |
---|
1247 | 1247 | | in accordance with chapter 54 to carry out the provisions of this section. 1057 |
---|
1248 | 1248 | | Such rules and regulations shall establish size standards for different 1058 |
---|
1249 | 1249 | | types of small contractors, loan procedures, repayment terms, security 1059 |
---|
1250 | 1250 | | requirements, default and remedy provisions and such other terms and 1060 |
---|
1251 | 1251 | | conditions as the department shall deem appropriate. 1061 |
---|
1252 | 1252 | | Sec. 16. Subsection (c) of section 32-605 of the general statutes is 1062 |
---|
1253 | 1253 | | repealed and the following is substituted in lieu thereof (Effective October 1063 |
---|
1254 | 1254 | | 1, 2020): 1064 |
---|
1255 | 1255 | | (c) The authority shall designate a contract compliance officer from 1065 |
---|
1256 | 1256 | | the staff of the authority to monitor compliance of the operations of 1066 |
---|
1257 | 1257 | | facilities under the management or control of the authority, the 1067 |
---|
1258 | 1258 | | convention center, convention center hotel and related parking facilities 1068 |
---|
1259 | 1259 | | of the center and the hotel, with the provisions of state law applicable to 1069 |
---|
1260 | 1260 | | such operations, including, but not limited to, this section and sections 1070 |
---|
1261 | 1261 | | 32-650 to 32-668, inclusive, and with applicable requirements of 1071 |
---|
1262 | 1262 | | contracts entered into by the authority, relating to set-asides for small 1072 |
---|
1263 | 1263 | | contractors, [and] minority business enterprises and veteran-owned 1073 |
---|
1264 | 1264 | | micro businesses, as defined in section 4a-60g, as amended by this act, 1074 |
---|
1265 | 1265 | | and required efforts to hire available and qualified members of 1075 |
---|
1266 | 1266 | | minorities, as defined in section 32-9n, and available and qualified 1076 |
---|
1267 | 1267 | | residents of the city of Hartford for jobs in such operations. Such officer 1077 |
---|
1268 | 1268 | | shall file, each year during the period of facility operations, a written 1078 |
---|
1269 | 1269 | | report with the authority as to findings and recommendations regarding 1079 |
---|
1270 | 1270 | | such compliance. 1080 |
---|
1271 | 1271 | | This act shall take effect as follows and shall amend the following |
---|
1272 | 1272 | | sections: |
---|
1273 | 1273 | | |
---|
1274 | 1274 | | Section 1 October 1, 2020 4a-59(c) |
---|
1275 | 1275 | | Sec. 2 October 1, 2020 4a-60g |
---|
1276 | 1276 | | Sec. 3 October 1, 2020 4a-60h Raised Bill No. 5400 |
---|
1277 | 1277 | | |
---|
1278 | 1278 | | |
---|
1279 | 1279 | | |
---|
1280 | 1280 | | LCO No. 2239 35 of 35 |
---|
1281 | 1281 | | |
---|
1282 | 1282 | | Sec. 4 October 1, 2020 4a-60j |
---|
1283 | 1283 | | Sec. 5 October 1, 2020 4a-57(a) |
---|
1284 | 1284 | | Sec. 6 October 1, 2020 4b-91(a) |
---|
1285 | 1285 | | Sec. 7 October 1, 2020 4-261 |
---|
1286 | 1286 | | Sec. 8 October 1, 2020 4e-1 |
---|
1287 | 1287 | | Sec. 9 October 1, 2020 4e-12(a) and (b) |
---|
1288 | 1288 | | Sec. 10 October 1, 2020 7-148u |
---|
1289 | 1289 | | Sec. 11 October 1, 2020 8-169jj(e) |
---|
1290 | 1290 | | Sec. 12 October 1, 2020 8-169mm(d) |
---|
1291 | 1291 | | Sec. 13 October 1, 2020 13a-95a |
---|
1292 | 1292 | | Sec. 14 October 1, 2020 22a-263a |
---|
1293 | 1293 | | Sec. 15 October 1, 2020 32-23o(a) |
---|
1294 | 1294 | | Sec. 16 October 1, 2020 32-605(c) |
---|
1295 | 1295 | | |
---|
1296 | 1296 | | Statement of Purpose: |
---|
1297 | 1297 | | To provide veteran-owned micro businesses with economic |
---|
1298 | 1298 | | opportunities. |
---|
1299 | 1299 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
1300 | 1300 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
1301 | 1301 | | underlined.] |
---|
1302 | 1302 | | |
---|