Sec. 4a-63. Disqualification from bidding on contracts. Suspension.
Sec. 4a-63. Disqualification from bidding on contracts. Suspension. (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.