Sec. 4e-7. (Note: This section is effective October 1, 2011.) Review, termination or recommendation to terminate contract or procurement agreement by the board. Requirements. Restriction or terminatio
Sec. 4e-7. (Note: This section is effective October 1, 2011.) Review, termination
or recommendation to terminate contract or procurement agreement by the board.
Requirements. Restriction or termination of state contracting agency authority to
enter contracts or procurement agreements. (a) For cause, the State Contracting
Standards Board may review, terminate or recommend to a state contracting agency the
termination of any contract or procurement agreement undertaken by any state contracting agency after providing fifteen days' notice to the state contracting agency and
the applicable contractor, and consulting with the Attorney General. Such termination
of a contract or procurement agreement by the board may occur only after (1) the board
has consulted with the contracting agency to determine the impact of an immediate
termination of the contract, (2) a determination has been made jointly by the board and
the contracting agency that an immediate termination of the contract will not create
imminent peril to the public health, safety or welfare, (3) a vote of two-thirds of the
members of the board present and voting for that purpose, and (4) the board has provided
the state contracting agency and the contractor with opportunity for a hearing conducted
pursuant to the provisions of chapter 54. Such action shall be accompanied by notice
to the state contracting agency and any other affected party. For the purpose of this
section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as determined by
the Citizen's Ethics Advisory Board; (B) wanton or reckless disregard of any state
contracting and procurement process by any person substantially involved in such contract or state contracting agency; or (C) notification from the Attorney General to the
state contracting agency that an investigation pursuant to section 4-61dd has concluded
that the process by which such contract was awarded was compromised by fraud, collusion or any other criminal violation. Nothing in this section shall be construed to limit
the authority of the board as described in section 4e-6.
(b) Following consultation with the state contracting agency and upon providing
fifteen days' notice and the opportunity for a hearing, the State Contracting Standards
Board may restrict or terminate the authority of any state contracting agency to enter
into any contract or procurement agreement if: (1) The board, upon a vote of two-thirds
of the members of the board present and voting for such purpose, determines that such
state contracting agency failed to comply with statutory contracting and procurement
requirements and evidenced a reckless disregard for applicable procedures and policy;
and (2) such limitation, restriction or termination of authority is in the state's best interest,
provided the board has made arrangements for the exercise of the contracting power of
such agency during the period of limitation, restriction or termination. Such limitation,
restriction or termination of authority shall remain in effect until such time as the board
determines that such state contracting agency has implemented corrective measures and
demonstrated compliance with statutes and regulations concerning procurement.
(c) Following consultation with the state contracting agency, and thereafter upon
providing fifteen days' notice and the opportunity for a hearing, the State Contracting
Standards Board may order a state contracting agency to take appropriate action to
restrict or terminate the authority of an employee or agent to enter into any contract or
procurement agreement if the board, upon a vote of two-thirds of the members of the
board present and voting for such purpose, determines that such employee or agent failed
to comply with statutory contracting and procurement requirements, and evidenced a
reckless disregard for applicable procedures and policy. Such limitation, restriction or
termination of authority shall remain in effect until such time as the board determines that
such state contracting agency has implemented corrective measures and demonstrated
compliance with statutes and regulations concerning procurement.
(Sept. Sp. Sess. P.A. 07-1, S. 7.)
History: Sept. Sp. Sess. P.A. 07-1 effective October 1, 2011.