Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-24 - Utilization of minority business enterprises

Current through July 10, 2024
(a) Contractors
				shall make good faith efforts to employ minority business enterprises as
				subcontractors and suppliers of materials on all projects subject to contract
				compliance requirements.
(b)
				Contractors shall certify under oath to the commission and the awarding agency
				that minority businesses selected as subcontractors and suppliers of materials
				meet the criteria for minority business enterprises set out in Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253, if such businesses are not currently registered with the department of
				economic development and if the contractor wishes the commission to consider
				favorably the selection of an unregistered minority business enterprise in the
				evaluation of the contractor's good faith efforts. If the contractor does not
				wish the commission to consider its selection of an unregistered minority
				business enterprise in its evaluation of the contractor's good faith efforts,
				no certification need be made. The commission shall accept the registration of
				a minority business enterprise by the department of economic development,
				unless the commission determines, pursuant to Section
				46a-68j-35, or
				from information received pursuant to Section
				46a-68e
				of the Connecticut General Statutes that an enterprise fails to meet the
				standards contained in Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253. Pursuant to Section
				46a-77
				of the Connecticut General Statutes, the department of economic development and
				other interested state agencies shall cooperate with the commission to assure
				that a uniform and complete list of legitimate minority business enterprises is
				maintained to promote the full and fair utilization of such enterprises in all
				contracts subject to minority business enterprise requirements.
(c) Where the awarding agency is the state or
				where the contract awarded is for a public works project, the commission, in
				its evaluation of a contractor's good faith efforts, may require that a
				minority business enterprise selected as a subcontractor or supplier of
				materials provide the commission with such information on its structure and
				operations as the commission finds necessary to make an informed determination
				as to whether the standards contained in Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253, have been met. If the minority business enterprise, whether registered
				or not registered with the department of economic development, fails to provide
				the commission with the required information and the contractor fails to demand
				performance by the subcontractor, the commission shall not consider such
				enterprise in its evaluation of the contractor's good faith efforts.
(d) Awarding agencies shall carefully monitor
				the contractor's selection of subcontractors and suppliers of materials to
				ensure compliance with Section 32-9e of the Connecticut General Statutes and
				Section
				46a-68-35(b).
				The awarding agency's obligation to monitor the contractor's actions shall be a
				continuing one, and failure to do so shall be deemed a failure to cooperate
				with the commission.
(e) The
				commission shall monitor a contractor's good faith efforts in the same manner
				provided for monitoring a contractor's compliance with antidiscrimination and
				contract compliance statutes.