Sec. 4-252. Certifications.
Sec. 4-252. Certifications. (a) On and after July 1, 2006, no state agency or quasi-public agency shall execute a large state contract unless the state agency or quasi-public
agency obtains the written certifications described in this section. Each such certification
shall be sworn as true to the best knowledge and belief of the person signing the certification, subject to the penalties of false statement.
(b) The official or employee of such state agency or quasi-public agency who is
authorized to execute said contract shall certify 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) The official of the person, firm or corporation awarded the contract, who is
authorized to execute the contract, shall certify:
(1) That no gifts were made between the date that the state agency or quasi-public
agency began planning the project, services, procurement, lease or licensing arrangement covered by the contract and the date of execution of the contract, by (A) such
person, firm, corporation, (B) any principals and key personnel of the person, firm or
corporation, who participated substantially in preparing the bid or proposal or the negotiation of the contract, or (C) any agent of such person, firm, corporation or principals
and key personnel, who participated substantially in preparing the bid or proposal or
the negotiation of the contract, to (i) any public official or state employee of the state
agency or quasi-public agency soliciting bids or proposals for the contract, who participated substantially in the preparation of the bid solicitation or request for proposals for
the contract or the negotiation or award of the contract, 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 made the bid or proposal without fraud or
collusion with any person.
(d) Any bidder or proposer that does not make the certifications required under
subsection (c) of this section shall be disqualified 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 (1) the date that the state agency or quasi-public agency began planning the project, services, procurement, lease or licensing
arrangement to be covered by the contract, and (2) a notice of the certification requirements of subsections (c) and (d) of this section.
(P.A. 04-245, S. 4.)
History: P.A. 04-245 effective June 1, 2004.