Sec. 7-148u. Municipal set-aside program for small contractors and minority business enterprises.
Sec. 7-148u. Municipal set-aside program for small contractors and minority
business enterprises. (a) As used in this section:
(1) "Small contractor" means any contractor, subcontractor, manufacturer or service company (A) which has been doing business and has maintained its principal place
of business in the state for a period of at least one year prior to the date of application
for certification under this section, (B) which had gross revenues not exceeding ten
million dollars in the most recently completed fiscal year prior to such application, and
(C) at least fifty-one per cent of the ownership of which is held by a person or persons
who are active in the daily affairs of the business and have the power to direct the
management and policies of the business.
(2) "Minority business enterprise" means any small contractor (A) fifty-one per
cent or more of the capital stock, if any, or assets of which are owned by a person or
persons (i) who are active in the daily affairs of the enterprise, (ii) who have the power
to direct the management and policies of the enterprise, and (iii) who are members of
a minority, as such term is defined in subsection (a) of section 32-9n, or (B) who is an
individual with a disability.
(3) "Individual with a disability" means an individual (A) having a physical impairment that substantially limits one or more of the major life activities of the individual,
or (B) having a record of such an impairment.
(b) Notwithstanding any provision of the general statutes or of any special act or
any municipal charter or home rule ordinance, a municipality may, by ordinance, set
aside in each fiscal year, for award to small contractors, on the basis of a competitive
bidding procedure, municipal contracts or portions of municipal contracts for the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and the purchase of goods and services. The total value of such
contracts or portions thereof to be set aside shall be not more than twenty-five per cent
of the average of the total value of all such contracts let by the municipality for each of
the previous three fiscal years, provided a contract that may not be set aside due to a
conflict with a federal law or regulation shall not be included in the calculation of such
average. Contracts or portions thereof having a value of not less than twenty-five per
cent of the total value of all contracts or portions thereof to be set aside shall be reserved
for awards to minority business enterprises.
(P.A. 83-390, S. 3; P.A. 92-189, S. 1; June Sp. Sess. P.A. 07-4, S. 68.)
History: P.A. 92-189 amended Subsec. (a) by setting forth definitions of "small contractor" and "minority business
enterprise" instead of construing the terms as defined in Sec. 32-9e and by adding definition of "individual with a disability";
June Sp. Sess. P.A. 07-4 amended Subsec. (a)(1)(B) to change $3,000,000 to $10,000,000 and made technical changes in
Subsec. (a), effective July 1, 2007.