§ 4a-81 — Contracts for goods and services over fifty thousand dollars. Representations in contract re consulting agreements. Failure to agree to representations.

Connecticut § 4a-81

• Jurisdiction: Connecticut
• Title 4a: Administrative Services
• Ch. 58: Purchases and Printing

Text

(a) Except as provided in section 10a-151f, no state agency or quasi-public agency shall execute a contract for the purchase of goods or services, which contract has a total value to the state of fifty thousand dollars or more in any calendar or fiscal year, unless such contract contains the representations described in subsection (b) of this section. (b) (1) Each contract described in subsection (a) of this section shall include a representation whether any consulting agreement has been entered into in connection with any such contract. Such representation shall be required if any duties of the consultant included communications concerning business of a state or quasi-public agency, whether or not direct contact with a state agency, state or public official or state employee was expected or made. As used in this section, “consulting agreement” means any written or oral agreement to retain the services, for a fee, of a consultant for the purposes of (A) providing counsel to a contractor, vendor, consultant or other entity seeking to conduct, or conducting, business with the state, (B) contacting, whether in writing or orally, any executive, judicial, or administrative office of the state, including any department, institution, bureau, board, commission, authority, official or employee for the purpose of solicitation, dispute resolution, introduction, requests for information, or (C) any other similar activity related to such contracts. “Consulting agreement” does not include any agreements entered into with a consultant who is registered under the provisions of chapter 10 as of the date such contract is executed in accordance with the provisions of this section. (2) Such representation shall be made to the best knowledge and belief of the person signing the contract and shall be subject to the penalty of false statement as provided in section 53a-157b . (3) If such representation indicates that a consulting agreement has been entered into in connection with any such contract, such representation shall include or attach the following information for each consulting agreement listed: The name of the consultant, the consultant's firm, the basic terms of the consulting agreement, a brief description of the services provided, and an indication as to whether the consultant is a former state employee or public official. If the consultant is a former state employee or public official, such representation shall indicate his or her former agency and the date such employment terminated. (c) Each state agency and quasi-public agency shall include a notice of the representation requirements of this section in the bid specifications or request for proposals for any contract that is described in subsection (a) of this section. (d) If a bidder or vendor refuses to agree to the representations required under subsections (a) and (b) of this section, such bidder or vendor shall be rejected and the state agency or quasi-public agency shall award the contract to the next highest ranked vendor or the next lowest responsible qualified bidder or seek new bids or proposals.

Legislative History

(P.A. 05-287, S. 51; P.A. 11-229, S. 5; P.A. 17-130, S. 10; P.A. 21-76, S. 4; P.A. 22-40, S. 6.) History: P.A. 05-287 effective July 13, 2005; P.A. 11-229 amended Subsec. (a) to delete reference to July 13, 2005, and delete “written” re affidavit, amended Subsec. (b)(1) to substitute “Any principal or key personnel of a person, firm or corporation who submit bids or proposals” for “The chief official of the bidder or vendor awarded”, delete reference to the individual awarded the contract, add reference to quasi-public agency and make technical changes, amended Subsec. (b)(3) to add “following information for each consulting agreement listed”, and amended Subsec. (b)(4) by replacing former provisions with provisions re updated affidavits; P.A. 17-130 amended Subsec. (a) to add “Except as provided in section 10a-151f” and Subsec. (d) to make a technical change, effective July 1, 2017; P.A. 21-79 amended Subsec. (a) by replacing provision re obtaining affidavit with provision re contract containing representations, amended Subsec. (b) by replacing provision re principal or key personnel attesting in affidavit with provision re contract containing representation, deleting former Subdiv. (4) re resubmission and updates to affidavit, and making conforming changes, amended Subsec. (c) by changing “affidavit” to “representation”, and amended Subsec. (d) by changing “submit the affidavit” to “agree to the representations” and “disqualified” to “rejected” and adding reference to subsection (a) of this section, effective July 1, 2021; P.A. 22-40 amended Subsec. (b) by replacing “sworn as true” with “made” and adding reference to Sec. 53a-157b in Subdiv. (2) and adding provision re consulting agreement entered into in connection with contract and adding “or attach” in Subdiv. (3), effective July 1, 2022.