Connecticut

Key Agency(ies): The Procurement Division of the Connecticut Department of Administrative Services (DAS) serves as the principal contracting authority for the state. The DAS Commissioner is responsible for purchasing supplies, materials, and services on behalf of state agencies, with some exceptions. The DAS Procurement Division also issues guidance for agency purchasing.

Connecticut law also establishes a State Contracting Standards Board (SCSB), which is an independent body responsible for oversight of state procurement. The Board is comprised of 14 members and has authority to set procurement regulations and best practices. The Board also reviews whether agency procurement processes comply with the law.

Key Statute: Connecticut’s state procurement is governed by several titles in the Connecticut General Statutes (Conn. Gen. Stat.).

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Title 4A, Chapter 58 – “Purchases and Printing” – contains the core procurement statutes for the state. It defines the DAS Commissioner’s purchasing authority and outlines bidding procedures, contract award criteria, preferences, and set-aside programs.

Title 4E, Chapter 62 – “State Contracting” – also includes relevant procurement statutes. It creates the SCSB and requires the creation of regulations for source selection methods, small purchases, and sole-source contracts. It also establishes enforcement mechanisms, including bid protest and suspension and debarment procedures.

Key Regulations: Connecticut’s procurement regulations are found in Title 4A of the Regulations of Connecticut State Agencies (Conn. Agencies Regs.).

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Procurement Types/Highlights: The most common procurement methods in Connecticut are:

Competitive Sealed Bidding (Invitation to Bid): This is the default method for most state procurements. Contracts are awarded to the lowest-price responsible qualified bidder. Sealed bidding requires public advertising of contracts exceeding $100,000.

Competitive Negotiation: Connecticut allows for best-value selection through competitive negotiation, using a Request for Proposals (RFP). Agencies may evaluate factors other than price to identify the proposal that offers the best value to the state. Evaluations must be based on a combination of quality and cost factors.

Small Purchases (Informal Solicitations): Connecticut law permits simplified procedures for small procurements. For procurements under $25,000, competitive bidding and negotiations may be waived. However, agencies are still expected to seek reasonable competition when practicable.

Bid Protests:

Regs Governing Bid Protests:

• Bid protests in Connecticut are governed by Conn. Gen. Stat. § 4e-36.

Eligible Protesters:

• Any bidder or proposer may contest a solicitation or award of a contract to the Contested Solicitation and Awards Subcommittee of the SCSB.

Timeliness Rules:

• Protests (referred to as “contests” in Connecticut statute) must be submitted in writing within 14 days after the protester knew or had reason to know of the facts giving rise to the protest.

Protest Process:

• Under Connecticut law, protest grounds are limited to “the procedural elements of the solicitation or award,” and any substantive disagreements with agency business judgment or proposal evaluation are not allowable protest grounds.
• Filing a protest does not automatically stay the award or performance of the contract. Typically, agencies proceed with award unless they determine a voluntary pause is in the best interests of the state.
• Protests are heard by a three-member panel of the SCSB Subcommittee. The panel has the authority to settle or resolve protests informally.
• If the protest cannot be settled, the panel must issue a written decision within 30 days of receiving the protest.

Claims:

• Contract claims in Connecticut are adjudicated by the Office of the Claims Commissioner, which is established in Chapter 53 – Conn. Gen. Stat. § 4-141 to § 4-160.
• Contractors may not directly sue the state without permission. Instead, contractors must file a notice of claim with the Claims Commissioner within one year of accrual of the claim.
• The Commissioner may authorize suit against the state in cases where it is “just and equitable,” after which the contractor may sue the state in Superior Court for breach of contract.
• The Commissioner also possesses authority to settle claims under $35,000, may deny or dismiss claims, and may recommend payment of claims larger than $35,000 to the Connecticut General Assembly.

Suspension & Debarment:

• Connecticut’s suspension and debarment procedures are governed by Conn. Gen. Stat. § 4a-63.
• The DAS Commissioner may disqualify a contractor from bidding on state contracts for up to five years. A contractor may be disqualified for serious misconduct or lack of responsibility, including criminal offences related to obtaining or performing a contract, convictions reflecting a lack of business integrity, or serious contract breaches.
• Before imposing a debarment, the Commissioner must issue notice to the contractor and provide an opportunity for a hearing. Following the hearing, the Commissioner must issue a written decision within 90 days, stating the reasons for the debarment and the period of disqualification.
• While a disqualification proceeding is pending, the DAS Commissioner may impose an interim suspension for up to three months. The Commissioner must have probable cause for disqualification to impose a suspension.

Interesting/Distinctions:

• Connecticut law provides for a robust set-aside program for Small Contractors and Minority Business Enterprises (MBEs). Under Conn. Gen. Stat. § 4a-60g, each state agency is required to make a good faith effort to award at least 25% of the value of its contracts to certified small businesses, and within that, at least 6.25% to MBEs, which include minority-owned, women-owned, and disabled-owned businesses. Procurements may be set aside for bidding only by certified small businesses.
• Connecticut also provides for preferences to in-state businesses for state contracting. Although resident bidder preferences are not flat percentage bonuses, agencies may consider a prospective contractor’s Connecticut presence as a tiebreaker in the evaluation of bids and proposals.