§ 32-39e — Development of new or experimental technologies, products or processes. Procurement for state agencies. Program to recognize state agencies.

Connecticut § 32-39e

• Jurisdiction: Connecticut
• Title 32: Commerce and Economic and Community Development
• Ch. 581: Innovation Capital Act of 1989. Connecticut Innovations, Incorporated

Text

(a) If, in the exercise of its powers under section 32-39, Connecticut Innovations, Incorporated (1) finds that the use of a certain technology, product or process (A) would promote public health and safety, environmental protection or economic development, or (B) with regard to state services, would promote efficiency, reduce administrative burdens or otherwise improve such services, and (2) determines such technology, product or process was developed by a business (A) domiciled in this state to which the corporation has provided financial assistance or in which the corporation has invested, or (B) which has been certified as a small contractor or minority business enterprise by the Commissioner of Administrative Services under section 4a-60g, the corporation, upon application of such business, may recommend to the Secretary of the Office of Policy and Management that an agency of the state, including, but not limited to, any constituent unit of the state system of higher education, be authorized to test such technology, product or process by employing it in the operations of such agency on a trial basis. The purpose of such test program shall be to validate the commercial viability of such technology, product or process provided no business in which Connecticut Innovations, Incorporated has invested shall be required to participate in such program. (b) Connecticut Innovations, Incorporated shall make no such recommendation unless such business has submitted a viable business plan to Connecticut Innovations, Incorporated for manufacturing and marketing such technology, product or process and such business demonstrates that (1) the usage of such technology, product or process by the state agency will not adversely affect safety, (2) sufficient research and development has occurred to warrant participation in the test program, (3) the technology, product or process has potential for commercialization not later than two years following the completion of any test program involving a state agency under this section, and (4) such technology, product or process will have a positive economic impact in the state, including the prospective addition of jobs and economic activity upon such commercialization. (c) If the Secretary of the Office of Policy and Management finds that employing such technology, product or process would be feasible in the operations of a state agency and would not have any detrimental effect on such operations, said secretary, notwithstanding the requirement of chapter 58, may direct an agency of the state to accept delivery of such technology, product or process and to undertake such a test program. The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Administrative Services, the chief executive officer of Connecticut Innovations, Incorporated and the department head of the testing agency, shall determine, on a case-by-case basis, whether the costs associated with the acquisition and use of such technology, product or process by the testing agency shall be borne by Connecticut Innovations, Incorporated, the business or by any investor or participant in such business. The acquisition of any technology, product or process for purposes of the test program established pursuant to this section shall not be deemed to be a purchase under the provisions of the state procurement policy. The testing agency, on behalf of Connecticut Innovations, Incorporated shall maintain records related to such test program, as requested by Connecticut Innovations, Incorporated and shall make such records and any other information derived from such test program available to Connecticut Innovations, Incorporated and the business. Any proprietary information derived from such test program shall be exempt from the provisions of subsection (a) of section 1-210 . (d) If the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Administrative Services, the chief executive officer of Connecticut Innovations, Incorporated and the department head of the testing agency, determines that the test program sufficiently demonstrates that the technology, product or process promotes public health and safety, environmental protection, economic development or efficiency, reduces administrative burdens or otherwise improves state services, the Commissioner of Administrative Services may procure such technology, product or process for use by any or all state agencies pursuant to subsection (b) of section 4a-58 . (e) The Secretary of the Office of Policy and Management, the Commissioner of Administrative Services and Connecticut Innovations, Incorporated may develop a program to recognize state agencies that help to promote public health and safety, environmental protection, economic development or efficiency, reduce administrative burdens or improve state services by participating in a testing program under this section. Such program may include the creation of a fund established with savings accrued by the testing agency during its participation in the testing program established under this section. Such fund shall only be used to implement the program of recognition established by the Secretary of the Office of Policy and Management, the Commissioner of Administrative Services and Connecticut Innovations, Incorporated, under the provisions of this subsection.

Legislative History

(P.A. 99-223, S. 1, 3; P.A. 21-76, S. 14.) History: P.A. 99-223 effective June 29, 1999; P.A. 21-76 amended Subsec. (a) by designating existing provisions as Subdivs. (1) and (2), designating existing provision as Subpara.(A) and adding Subpara.(B) re state services in Subdiv. (1), adding “determines” and designating existing provision as Subpara.(A) and adding Subpara. (B) re certification as small contractor or minority business enterprise in Subdiv. (2), adding reference to constituent units, changing “directed” to “authorized”, designated a portion of existing Subsec. (a) as Subsec. (b) and amending the same by making technical changes, adding references to Connecticut Innovations, Incorporated, deleting former Subdiv. (1) re manufacturing or producing in this state, redesignating existing Subdivs. (2) to (4) as Subdivs. (1) to (3) and adding new Subdiv. (4) re positive economic impact, redesignated existing Subsec. (b) as Subsec. (c) and amended same by adding provision re determination by Secretary of the Office of Policy and Management, Commissioner of Administrative Services, chief executive officer and department head, added Subsec. (d) re procurement for use by state agencies, redesignated existing Subsec. (c) as Subsec. (e) and amended same by adding references to the Commissioner of Administrative Services and “or efficiency, reduce administrative burdens or improve state services”, and made technical and conforming changes effective July 1, 2021.