(a) Except as provided in section 10a-151f, on and after July 1, 2021, no state agency or quasi-public agency shall execute a large state contract unless such contract contains the representation described in this section.
(b) The official or employee of such state agency or quasi-public agency who is authorized to execute state contracts shall represent that the selection of the most qualified or highest ranked person, firm or corporation was not the result of collusion, the giving of a gift or the promise of a gift, compensation, fraud or inappropriate influence from any person.
(c) Any principal or key personnel of the person, firm or corporation submitting a bid or proposal for a large state contract shall represent:
(1) That no gifts were made by (A) such person, firm, corporation, (B) any principals and key personnel of the person, firm or corporation, who participate substantially in preparing bids, proposals or negotiating state contracts, or (C) any agent of such person, firm, corporation or principals and key personnel, who participates substantially in preparing bids, proposals or negotiating state contracts, to (i) any public official or state employee of the state agency or quasi-public agency soliciting bids or proposals for state contracts, who participates substantially in the preparation of bid solicitations or requests for proposals for state contracts or the negotiation or award of state contracts, or (ii) any public official or state employee of any other state agency, who has supervisory or appointing authority over such state agency or quasi-public agency;
(2) That no such principals and key personnel of the person, firm or corporation, or agent of such person, firm or corporation or principals and key personnel, knows of any action by the person, firm or corporation to circumvent such prohibition on gifts by providing for any other principals and key personnel, official, employee or agent of the person, firm or corporation to provide a gift to any such public official or state employee; and
(3) That the person, firm or corporation is submitting bids or proposals without fraud or collusion with any person.
(d) Any bidder or proposer that does not agree to the representations required under this section shall be rejected and the state agency or quasi-public agency shall award the contract to the next highest ranked proposer or the next lowest responsible qualified bidder or seek new bids or proposals.
(e) Each state agency and quasi-public agency shall include in the bid specifications or request for proposals for a large state contract a notice of the representation requirements of this section.
(P.A. 04-245, S. 4; P.A. 11-229, S. 2; P.A. 17-130, S. 6; P.A. 21-76, S. 2.)
History: P.A. 04-245 effective June 1, 2004; P.A. 11-229 amended Subsec. (a) to add reference to electronic certification and add provisions re updated certification, amended Subsec. (b) to substitute “state contracts” for “said contract”, amended Subsec. (c) to substitute “Any principal or key personnel” for “The official”, to substitute “submitting a bid or proposal for a large state contract” for “awarded the contract, who is authorized to execute the contract” and, in Subdiv. (1), to delete reference to date of planning by state or quasi-public agency and date of execution of contract, and to refer to bids, proposals, state contracts, solicitations or requests for proposals in general rather than bids, proposals, solicitations or requests for proposals pertaining to a specific state contract and, in Subdiv. (3), to substitute “is submitting bids or proposals” for “made the bid or proposal”, amended Subsec. (d) to substitute the singular “certification” for the plural and delete reference to Subsec. (c), and amended Subsec. (e) to delete former Subdiv. (1) re date of planning by state or quasi-public agency, to delete Subdiv. (2) designator and to delete references to Subsecs. (c) and (d); P.A. 17-130 amended Subsec. (a) to add “Except as provided in section 10a-151f”, effective July 1, 2017; P.A. 21-76 amended Subsec. (a) to change “2006” to “2021”, delete provisions re sworn written or electronic certification and submission of updated certification and added reference to representation contained within contract, amended Subsecs. (b) and (c) to change “certify” to “represent”, amended Subsec. (d) to change “make the certification” to “agree to the representations” and “disqualified” to “rejected” and amended Subsec. (e) to change “certification” to “representation”, effective July 1, 2021.
Structure Connecticut General Statutes