(a) After reasonable notice and a hearing, conducted in accordance with the provisions of chapter 54, the department head of any state contracting agency may suspend any contractor, bidder or proposer for a period of not more than six months from bidding on, applying for or performing work as a contractor or subcontractor under, contracts with the state. The department head shall issue a written decision not later than ninety days after the conclusion of such hearing and state in the decision the reasons for the action taken and, if the contractor, bidder or proposer is being suspended, the period of such suspension. In determining whether to suspend a contractor, bidder or proposer, the department head shall consider the seriousness of the acts or omissions of the contractor, bidder or proposer and any mitigating factors. The department head shall send such decision to the contractor and the State Contracting Standards Board by certified mail, return receipt requested. Such decision shall be a final decision for purposes of sections 4-180 and 4-183.
(b) Causes for such suspension shall include the following:
(1) Failure without good cause to perform in accordance with specifications or within the time limits provided in the contract;
(2) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for suspension;
(3) Any cause the complainant state contracting agency determines to be so serious and compelling as to affect the responsibility of a state contractor, including suspension by another state contracting agency for cause; or
(4) A violation of the ethical standards set forth in section 1-84, 1-86e or 1-101nn, as determined by the Citizen's Ethics Advisory Board.
(c) The State Contracting Standards Board may grant an exception permitting a suspended contractor to participate in a particular contract or subcontract upon a written determination by the board that there is good cause for such exception and that such exception is in the best interest of the state.
(d) The department head of each state contracting agency shall conduct reviews of contractors and shall file reports pertaining to any of the reasons set forth in this section that may be the basis for disqualification.
(Sept. Sp. Sess. P.A. 07-1, S. 35.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.
Structure Connecticut General Statutes
Chapter 62 - State Contracting Standards Board
Section 4e-6. - Triennial audits of state contracting agencies. Compliance report.
Section 4e-8. - Contracting Standards Advisory Council. Duties.
Section 4e-9. - Vendor and Citizen Advisory Panel. Established. Duties.
Section 4e-10. - Submission of legislation by board to the Governor and General Assembly.
Section 4e-11. - Adoption of procurement codes by constitutional officers. Deadline.
Section 4e-12. - Procurement codes for legislative and judicial branches. Requirements.
Section 4e-14. - Requirements for contracts taking effect on or after June 1, 2010.
Section 4e-17. - Application of privatization and contracting provisions, generally.
Section 4e-23. - Regulations for the waiver of competitive bid or proposal requirements.
Section 4e-25. - Request for factual information reasonably available to bidder or proposer.
Section 4e-27. - Regulations for the use of cost-reimbursement contracts.
Section 4e-32. - Retention and disposal of procurement records by state contracting agencies.
Section 4e-36. - Contest of the solicitation or award of a contract by bidder or proposer.
Section 4e-38. - Issuance of decision on appeal by board.
Section 4e-41. - Regulations concerning the procurement of architectural and engineering services.
Section 4e-42. - Regulations concerning bid security for certain competitive sealed bidding.
Section 4e-43. - Regulations concerning errors and omissions insurance.
Section 4e-44. - Regulations concerning the procurement of consultant services.
Section 4e-45. - Regulations concerning infrastructure facilities.
Section 4e-50. - Contracts for environmental remediation of brownfields.