As used in this chapter and except as otherwise provided, “lowest responsible and qualified bidder” means the bidder who is prequalified pursuant to section 4a-100, and whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to faithful performance of the work based on objective criteria considering past performance and information contained in the update statement submitted pursuant to section 4b-91. Essential information in regard to such qualifications shall be submitted with the bid in such form as the awarding authority may require by specification in the bid documents and on the bid form. Every general bid shall be accompanied by a bid bond or a certified check in an amount which shall be ten per cent of the bid, provided no such bid bond or certified check shall be required in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than fifty thousand dollars. Failure to execute a contract awarded as specified and bid shall result in the forfeiture of such bid bond or certified check. In considering past performance the awarding authority shall evaluate the skill, ability and integrity of bidders in terms of the bidders' fulfillment of contract obligations and of the bidders' experience or lack of experience with projects of the nature and scope of the project for which the bids are submitted.
(P.A. 73-528, S. 2, 12; P.A. 74-246, S. 2, 11; P.A. 79-490; P.A. 82-358, S. 8, 10; 82-447, S. 2; P.A. 99-75, S. 9; P.A. 03-215, S. 2; P.A. 07-202, S. 8; P.A. 14-122, S. 68; P.A. 21-198, S. 4.)
History: P.A. 74-246 deleted provision that bidder certify labor to be employed can work harmoniously with others, required objective criteria for judging bidders' qualifications and raised bid bond from 5% to 10% of bid; P.A. 79-490 exempted sub-bidders bidding less than $10,000 in labor and materials costs from bid bond requirement; P.A. 82-358 provided that bid bond or certified check is not required for general bids with estimated cost of labor and materials of less than $10,000 and raised estimated cost relative to sub-bids from $10,000 to $20,000; P.A. 82-447 amended section to eliminate all reference to sub-bidding process and to specify factors for evaluation in considering a contractor's past performance; Sec. 4-137b transferred to Sec. 4b-92 in 1989; P.A. 99-75 substituted $50,000 for $10,000; P.A. 03-215 redefined “lowest responsible and qualified bidder” and substituted “nature and scope” for “size” re projects, effective October 1, 2004; P.A. 07-202 made a technical change, effective July 10, 2007; P.A. 14-122 made technical changes; P.A. 21-198 replaced “update bid statement” with “update statement”, effective July 1, 2021.
Annotation to former section 4-137b:
Cited. 191 C. 497.
Structure Connecticut General Statutes
Title 4b - State Real Property
Chapter 60 - Construction and Alterations of State Buildings
Section 4b-51a. - Recycled content requirements for construction materials.
Section 4b-58. (Formerly Sec. 4-134d). - Contracting for consultant services.
Section 4b-59. (Formerly Sec. 4-134e). - Commissioner to adopt regulations.
Section 4b-60. - State Commission on Capitol Preservation and Restoration.
Section 4b-61. (Formerly Sec. 4-24m). - Contracting for design professional services.
Section 4b-62. (Formerly Sec. 4-135). - Trusts for erecting and maintaining memorials.
Section 4b-63. (Formerly Sec. 4-36b). - Demolition of state buildings. Notice to municipalities.
Section 4b-65. - Buildings adjacent to Capitol.
Section 4b-66a. - Connecticut Capitol Center Commission: Membership, duties.
Section 4b-68. (Formerly Sec. 4-24e). - Amendment of master plan.
Section 4b-73. (Formerly Sec. 4-24j). - Relocation of displaced persons.
Section 4b-75. - Status report on emergency correctional facility projects.
Section 4b-76. - Public or special act authorizations for acquisition of real property.
Section 4b-93. (Formerly Sec. 4-137c). - Contract specifications; subtrades, subcontracts.
Section 4b-94. (Formerly Sec. 4-137d). - Rejection of bids.
Section 4b-95a. - Listing of general bidder as a subcontractor on bid form.
Section 4b-97. (Formerly Sec. 4-126c). - Arbitration of public works contracts.
Section 4b-100. - Regulations.
Section 4b-103. - Construction manager at-risk project delivery contracts.