Sec. 4e-34. (Note: This section is effective June 1, 2010.) Disqualification of contractor, bidder or proposer by State Contracting Standards Board. Causes for disqualification.
Sec. 4e-34. (Note: This section is effective June 1, 2010.) Disqualification of
contractor, bidder or proposer by State Contracting Standards Board. Causes
for disqualification. (a) After reasonable notice and hearing and consultation with the
relevant state contracting agency and the Attorney General, the State Contracting Standards Board, acting through a subcommittee of three members, appointed by the chairperson, which subcommittee shall include not less than one legislative appointee, may
disqualify any contractor, bidder or proposer, for a period of not more than five years,
from bidding on, applying for or participating as a contractor or subcontractor under,
contracts with the state. Such disqualification shall be upon the vote of two-thirds of
the members of the subcommittee present and voting for that purpose. Such hearing
shall be conducted in accordance with the provisions of chapter 54. The subcommittee
shall issue a written recommendation not later than sixty days after the conclusion of
such hearing, and shall state the reason for the recommended action and, if the disqualification is recommended, the period of time the contractor, bidder or proposer shall be
disqualified. In determining whether to disqualify a contractor, bidder or proposer, the
subcommittee shall consider the seriousness of the acts or omissions of the contractor,
bidder or proposer and any mitigating factors. Such recommendation shall be submitted
to the board for action and sent to the contractor by certified mail, return receipt requested. If disqualification is recommended, the contractor shall have thirty days to
submit comments to the board. Upon receipt of the proposed recommendation by the
subcommittee, the board shall issue a written decision either adopting, rejecting or modifying the subcommittee's recommendation. Such decision shall be issued not later than
thirty days after receipt by the board of the contractor's comments, if any. The board
shall send the decision to the contractor by certified mail, return receipt requested. The
written decision shall be a final decision for purposes of sections 4-180 and 4-183.
(b) Causes for such disqualification shall include the following:
(1) Conviction of, or entry of a plea of guilty or nolo contendere or admission to,
the 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 of, or entry of a plea of guilty or nolo contendere or admission to,
the violation of any 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 of, or entry of a plea of guilty or nolo contendere or admission to,
a violation of any state or federal antitrust, collusion or conspiracy law arising out of
the submission of bids or proposals on a public or private contract or subcontract;
(4) Accumulation of two or more suspensions pursuant to section 4e-35 within a
twenty-four-month period;
(5) A wilful, negligent or reckless failure to perform in accordance with the terms of
one or more contracts or subcontracts, agreements or transactions with state contracting
agencies;
(6) A history of failure to perform or of unsatisfactory performance on one or more
public contracts, agreements or transactions with state contracting agencies;
(7) A wilful violation of a statutory or regulatory provision or requirement applicable to a contract, agreement or transaction with state contracting agencies;
(8) A wilful or egregious violation of the ethical standards set forth in sections 1-84 and 1-86e, as determined by the Citizen's Ethics Advisory Board; or
(9) Any other cause or conduct the board determines to be so serious and compelling
as to affect responsibility as a state contractor, including, but not limited to:
(A) Disqualification by another state for cause;
(B) The fraudulent or criminal conduct of any officer, director, shareholder, partner,
employee or other individual associated with a contractor, bidder or proposer of such
contractor, bidder or proposer, provided such conduct occurred in connection with the
individual's performance of duties for or on behalf of such contractor, bidder or proposer
and such contractor, bidder or proposer knew or had reason to know of such conduct;
(C) The existence of an informal or formal business relationship with a contractor
who has been disqualified from bidding or proposing on state contracts of any state
contracting agency.
(c) Upon written request by the affected state contractor, bidder or proposer, the
State Contracting Standards Board may reduce the period or extent of disqualification
for a contractor, bidder or proposer if documentation supporting any of the following
reasons for modification is provided to the board by the contractor, bidder or proposer:
(1) Newly discovered material evidence;
(2) Reversal of the conviction upon which the disqualification was based;
(3) Bona fide change in ownership or management; or
(4) Elimination of other causes for which the disqualification was imposed.
(Sept. Sp. Sess. P.A. 07-1, S. 34.)
History: Sept. Sp. Sess. P.A. 07-1 effective June 1, 2010.