Sec. 4a-52a. Purchases by constituent units of the state system of higher education. Disqualification from bidding. Delegation of purchasing authority to state agencies.
Sec. 4a-52a. Purchases by constituent units of the state system of higher education. Disqualification from bidding. Delegation of purchasing authority to state
agencies. (a) Notwithstanding the provisions of section 4a-51 or 4a-52, the chief executive officer of each constituent unit of the state system of higher education or, in the
case of the Connecticut State University System, the chief executive officer of a state
university, is authorized to purchase supplies, materials, equipment, contractual services, as defined in section 4a-50, execute personal service agreements as defined in
section 4-212, lease personal property in accordance with section 10a-151b, and undertake printing, publishing and microfilming for such constituent unit or institution. The
provisions of sections 4-212 to 4-219, inclusive, and section 9 of public act 93-336*
shall not apply to personal service agreements executed pursuant to this section.
(b) The chief executive officer of each constituent unit of the state system of higher
education or, in the case of the Connecticut State University System, the chief executive
officer of a state university may disqualify any person, firm or corporation, for up to
two years, from bidding on contracts with the constituent unit or institutions under
its jurisdiction, pursuant to section 10a-151b, for supplies, materials, equipment and
contractual services required by the constituent unit or institution, for one or more causes
specified in subsection (d) of this section. The chief executive officer may initiate a
disqualification proceeding only after consulting with 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 chief executive officer 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 the disqualification. The chief executive officer shall send the decision to such
person, firm or corporation by certified mail, return receipt requested, and a copy of the
decision shall be sent to the Commissioner of Administrative Services. The written
decision shall be a final decision for the purposes of sections 4-180 and 4-183.
(c) Before initiating such a proceeding or during the proceeding, the chief executive
officer may, after consulting with 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 chief executive officer determines
that there is probable cause for disqualification under subsection (b) of this section. No
such suspension shall exceed three months. The chief executive officer 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 chief executive officer shall send the
decision to such person, firm or corporation by certified mail, return receipt requested,
and a copy of the decision shall be sent to the Commissioner of Administrative Services.
(d) 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 chief
executive officer to be of such gravity as to indicate a lack of responsibility to perform
as a 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 chief executive officer determines to be so serious or compelling as to affect responsibility as a contractor, including disqualification by another
government 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.
(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the Commissioner
of Administrative Services may delegate authority to any state agency to purchase supplies, materials, equipment and contractual services, consistent with section 4a-67c, if
the commissioner determines, in writing, that (1) such delegation would reduce state
purchasing costs or result in more efficient state purchasing and (2) the agency has
employees with experience and expertise in state purchasing statutes, regulations and
procedures. In determining which agencies to delegate such purchasing authority to,
the commissioner shall give preference to agencies which have exceeded the set-aside
requirements of section 4a-60g. An agency to whom such authority is delegated shall
comply with all such statutes, regulations and procedures and shall submit annual reports
to the Commissioner of Administrative Services on its purchase orders, in a format
prescribed by the commissioner. The Commissioner of Administrative Services or his
designee shall periodically review each such delegation of purchasing authority and
may revoke or modify a delegation upon determining that the agency has violated any
provision of the delegation or that there is evidence of insufficient competition in the
competitive bidding or competitive negotiation process. Not later than October 1, 1996,
and annually thereafter, the commissioner shall submit a report to the joint standing
committee of the General Assembly having cognizance of matters relating to government administration, which shall, for the preceding fiscal year, (A) list the agencies
exercising delegated purchasing authority and (B) summarize the types of contracts
entered into by such agencies pursuant to such delegated authority and the purchasing
efficiencies realized from the delegated authority.
(P.A. 88-192, S. 1, 2; P.A. 90-91; P.A. 91-256, S. 8, 69; P.A. 93-201, S. 2, 24; P.A. 95-285, S. 1, 9; P.A. 96-88, S. 3,
9; P.A. 00-66, S. 27.)
*Note: Section 9 of public act 93-336 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 90-91 added Subsec. (b) permitting commissioner of administrative services to authorize the department
of correction to purchase supplies, materials, equipment and contractual services for industrial activities when amount of
purchase is $20,000 or less; P.A. 91-256 in Subsec. (a) added references to Sec. 4a-51, 4a-68, 4a-69 and 4a-70, language
concerning printing, publishing, and microfilming and language concerning the Connecticut State University system and
removed language concerning delegation of authority by the commissioner of administrative services and a $20,000 limitation on purchases which could be delegated; P.A. 93-201 amended Subsec. (a) to add the language on personal service
agreements and on the leasing of personal property, relettered Subsec. (b) as Subsec. (e), and inserted new Subsecs. (b) to
(d), inclusive, on the disqualification of persons, firms or corporations from bidding on contracts with a constituent unit,
effective July 1, 1993; P.A. 95-285 allowed Commissioner of Administrative Services to delegate purchasing authority to
all state agencies, instead of to Department of Correction only, established procedures re delegations of authority, and
required commissioner to report annually to General Assembly re such delegations, effective July 1, 1995; P.A. 96-88
deleted references to repealed Secs. 4a-68, 4a-69 and 4a-70 in Subsec. (a), effective July 1, 1996; P.A. 00-66 deleted
reference to repealed Sec. 4-210 from Subsec. (a).