Sec. 4a-101. Standard contractor evaluation form. Regulations. Public agency to complete and submit evaluation form. Contractor responses.
Sec. 4a-101. Standard contractor evaluation form. Regulations. Public agency
to complete and submit evaluation form. Contractor responses. (a) On or before
October 1, 2005, the Commissioner of Administrative Services shall adopt regulations,
in accordance with chapter 54, to establish a standard contractor evaluation form. Such
form shall include, at a minimum, the following evaluation criteria: (1) Timeliness of
performance; (2) quality of performance; (3) cost containment, including, but not limited
to, the contractor's ability to work within the contract's allotted cost, the accuracy of
the contractor's billing, and the number and cause of change orders and the manner in
which the contractor determined the price on the change orders; (4) safety; (5) the quality
of the contractor's working relationship with the agency and the quality of the contractor's supervision of the work area; (6) communication with the agency; (7) the quality
of the contractor's required documentation; (8) the performance of the contractor's subcontractors and substantial subcontractors, to the extent known by the official who completes the evaluation; and (9) the contractor's and any subcontractor's compliance with
part III of chapter 557, or chapter 558, or the provisions of the federal Davis-Bacon Act,
40 USC, Sections 276a to 276a-5, inclusive, as from time to time amended, to the extent
known by the official who completes the evaluation.
(b) Each public agency shall compile evaluation information during the performance of the contract and complete and submit the evaluation form to the commissioner
after completion of a building project under the agency's control if the building project
is funded, in whole or in part, by state funds. Such evaluation information shall be
available to any public agency for purposes of assessing the responsibility of the contractor during a bid selection and evaluation process. The designated official from such
agency shall certify that the information contained in the evaluation form represents,
to the best of the certifying official's knowledge, a true and accurate analysis of the
contractor's performance record on the contract. The commissioner shall include the
evaluation in the contractor's prequalification file. The official shall mail a copy of the
completed evaluation form to the contractor. Any contractor who wishes to contest any
information contained in the evaluation form may submit a written response to the
commissioner not later than thirty days after the date the form was mailed as indicated
by the postmark on the envelope. Such response shall set forth any additional information
concerning the building project or the oversight of the contract by the public agency
that may be relevant in the evaluation of the contractor's performance on the project. The
commissioner shall include any such response in the contractor's prequalification file.
(c) As used in this section, "public agency" means a public agency, as defined in
section 1-200, "contract" means an agreement for work for the state or a municipality
that is estimated to cost more than five hundred thousand dollars and is funded, in whole
or in part, by state funds, "subcontractor" means a person who performs work with a
value in excess of twenty-five thousand dollars for a contractor pursuant to a contract
and "substantial subcontractor" means a substantial subcontractor, as defined in section
4a-100.
(d) Upon fifty per cent completion of any building project under a public agency's
control, the agency shall advise the contractor in writing of the agency's preliminary
evaluation of the contractor's performance on the project.
(e) No public agency, employee of a public agency or certifying official of a public
agency shall be held liable to any contractor for any loss or injury sustained by such
contractor as the result of the completion of an evaluation form, as required by this
section, unless such agency, employee or official is found by a court of competent
jurisdiction to have acted in a wilful, wanton or reckless manner.
(f) Any public agency that fails to submit a completed evaluation form, as required
by this section, not later than seventy days after the completion of a project, shall be
ineligible for the receipt of any public funds disbursed by the state for the purposes
of the construction, reconstruction, alteration, remodeling, repair or demolition of any
public building or any public works project until such completed evaluation form is
submitted.
(g) Notwithstanding the provisions of subsection (a) of this section, any political
subdivision of the state, when evaluating the performance of a contractor's subcontractors or substantial subcontractors, to the extent known, may rely on an evaluation of
such subcontractors or substantial subcontractors that is conducted by the contractor.
(P.A. 03-215, S. 4; 03-278, S. 130; P.A. 04-141, S. 3; P.A. 06-134, S. 17, 23; P.A. 07-202, S. 5, 6.)
History: P.A. 03-215 effective October 1, 2004; P.A. 03-278 amended Subsec. (c) by redefining "subcontractor",
effective October 1, 2004; P.A. 04-141 amended Subsec. (a) to require adoption of regulations re contractor evaluation
form by October 1, 2005, amended Subsec. (b) to add requirements that public agency compile evaluation information
during performance of contract, that evaluation information be available to any public agency for purposes of assessing
the contractor during a bid process and that the information in the evaluation form be certified by the agency, added Subsec.
(e) re liability to contractor for loss or injury sustained by the contractor as a result of the evaluation form and added Subsec.
(f) re penalty for failure of an agency to file evaluation forms; P.A. 06-134 amended Subsec. (c) to redefine "public agency"
to eliminate exception for The University of Connecticut, effective January 1, 2007, and also amended Subsec. (a)(8) to
include reference to the performance of substantial subcontractors, amended Subsec. (c) to define "substantial subcontractor", and added Subsec. (g) re municipal reliance on evaluations of substantial subcontractors performed by contractors,
effective October 1, 2007; P.A. 07-202 amended Subsec. (c) to define "contract" and redefine "subcontractor", effective
July 10, 2007.