(a) The Commissioner of Administrative Services may disqualify any person, firm or corporation, for up to five years, from bidding on contracts with the Department of Administrative Services, pursuant to section 4a-57, for supplies, materials, equipment and contractual services required by any state agency, for one or more causes set forth under subsection (c) of this section. The commissioner may initiate a disqualification proceeding after consulting with the purchasing agency, if any, and the Attorney General and shall provide notice and an opportunity to be heard to the person, firm or corporation which is the subject of the proceeding. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the person, firm or corporation is being disqualified, the period of such disqualification. The commissioner shall send the decision to such person, firm or corporation by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
(b) Before initiating such a proceeding or during the proceeding, the commissioner may, after consulting with any such purchasing agency and the Attorney General, suspend the person, firm or corporation from being considered for the awarding of such a contract for such supplies, materials, equipment or contractual services, if the commissioner determines that there is probable cause for disqualification under subsection (a) of this section. No such suspension shall exceed three months. The commissioner may suspend such a person, firm or corporation only by issuing a written decision setting forth the reasons for, and the period of, the suspension. The commissioner shall send the decision to such person, firm or corporation by certified mail, return receipt requested.
(c) Causes for disqualification or suspension from bidding on contracts shall include the following:
(1) Conviction or entry of a plea of guilty for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) Conviction or entry of a plea of guilty under state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor;
(3) Conviction or entry of a plea of guilty under state or federal antitrust, collusion or conspiracy statutes arising out of the submission of bids or proposals;
(4) Noncompliance with contract provisions, of a character regarded by the commissioner to be of such gravity as to indicate a lack of responsibility to perform as a state contractor, including deliberate failure, without good cause, to perform in accordance with specifications or time limits provided in a contract;
(5) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, unless such failure to perform or unsatisfactory performance was caused by acts beyond the control of the contractor or supplier; or
(6) Any other cause the commissioner determines to be so serious or compelling as to affect responsibility as a state contractor, including disqualification by another governmental entity, having caused financial loss to the state or having caused a serious delay or inability of state officials to carry out their duties on a past contract or contracts.
(P.A. 87-258; P.A. 99-161, S. 5, 11; P.A. 07-202, S. 2.)
History: P.A. 99-161 amended Subsec. (a) re initiation of disqualification proceedings by deleting the word “only” before “after consulting with the purchasing agency, if any, and the Attorney General”, effective July 1, 1999; P.A. 07-202 amended Subsec. (a) to increase potential disqualification period from two years to five years, effective July 10, 2007.
Structure Connecticut General Statutes
Title 4a - Administrative Services
Chapter 58 - Purchases and Printing
Section 4a-50. (Formerly Sec. 4-109). - Definitions.
Section 4a-51. (Formerly Sec. 4-110). - Duties of Administrative Services Commissioner re purchases.
Section 4a-52. (Formerly Sec. 4-111). - Regulations.
Section 4a-52b. - Circumstances in which constituent units authorized to purchase by negotiation.
Section 4a-53a. - Contracting agent for group of municipalities.
Section 4a-55. (Formerly Sec. 4-110b). - Laundry service and supply contracts.
Section 4a-56. (Formerly Sec. 4-123). - Purchasing standards and specifications.
Section 4a-57a. - Distribution of surplus state property. Lease of property to municipalities.
Section 4a-57c. - Multiple criteria bids or proposals. Pilot program.
Section 4a-57e. - Purchases of personal protective equipment. List of companies. Report.
Section 4a-59. (Formerly Sec. 4-114). - Award of contracts.
Section 4a-60b. - Reverse auctions. Use by contracting agencies authorized.
Section 4a-60j. (Formerly Sec. 32-9h). - Time for payment of contractors.
Section 4a-62. (Formerly Sec. 4-114c). - Minority Business Enterprise Review Committee.
Section 4a-63. - Disqualification from bidding on contracts. Suspension.
Section 4a-64. (Formerly Sec. 4-116). - Persons not to be interested in contract.
Section 4a-65. (Formerly Sec. 4-115). - Unlawful purchases.
Section 4a-67. (Formerly Sec. 4-120a). - Acquisition of federal surplus property.
Section 4a-67b. - Elimination of use of disposable and single-use products in state government.
Section 4a-67c. - Equipment and appliances for state use, energy standards.
Section 4a-67e. - Standards for purchase of recycled paper.
Section 4a-67f. - Specifications for printing and writing paper.
Section 4a-67g. - Recycling and remanufacture of laser printer toner cartridges.
Section 4a-70a. - Prohibition on printing state stationery containing party symbol.
Section 4a-71. (Formerly Sec. 4-121a). - Prompt payment by state departments and agencies.
Section 4a-72. (Formerly Sec. 4-121b). - Prompt payment. Exceptions.
Section 4a-73. (Formerly Sec. 4-121c). - Administration of prompt payment provisions.
Section 4a-76. (Formerly Sec. 4-122a). - Recording of estimated requirements.