reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-3 - Powers and duties of the board

Current through July 10, 2024
(a) The Board shall conduct a fair and impartial hearing, assure that the relevant facts are fully elicited, adjudicate issues of law and fact, and prevent delay and harassment.
(b) Pursuant to section 4-176e of the Connecticut General Statutes, the Board shall have the authority to appoint one or more persons to serve as a hearing officer in a contested case.
(c) In addition to any other powers provided by law, the Board or its designee shall have the power to:
(1) determine the scope of the hearing;
(2) dispose of motions and requests and make all necessary or appropriate rulings;
(3) administer oaths and affirmations;
(4) subpoena witnesses and evidence, examine witnesses, and control the examination of witnesses;
(5) admit or exclude evidence and rule on objections to evidence;
(6) impose sanctions in accordance with subsection (d) of this section;
(7) consolidate proceedings or portions thereof;
(8) issue final decisions, or as appropriate, proposed final decisions; and
(9) take other measures appropriate to administer this section, expedite proceedings, and maintain order.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-4 - Commencement and conclusion of proceedings

Current through July 10, 2024
(a) Pursuant to section 8-273a(4) of the Connecticut General Statutes, a proceeding commences when the Board receives an appeal from a person aggrieved by a Determination of the Commissioner. An appeal to the Board shall constitute a contested case.
(b) An appeal shall state specifically any findings to which the Petitioner objects and any other grounds for contesting the Commissioner's determination. An appeal shall also include a copy of any written determination made by the Commissioner, and any exhibits made a part thereof. The Board may require a more particular statement from the Petitioner if an appeal does not give adequate information concerning the grounds for contesting the Commissioner's determination.
(c)
Filing, service, and form of appeal
(1) The original of any appeal which is required or allowed to be filed under this section shall be filed with the Board. The original and any subsequent information regarding an appeal shall be either hand delivered or sent to the Board by certified mail, return receipt requested.
(2) The first page of every appeal shall contain a caption identifying the Petitioner and the location of the outdoor advertising structure or any other designation prescribed by the Board.
(3) Every appeal shall be signed by the Petitioner filing or by his attorney or other representative, if any. The signature constitutes a representation by the signer that he has read the appeal, that to the best of his knowledge, information and belief the statements made therein are true and complete, and that the appeal is not filed for the purpose of delay or harassment.
(4) An appeal filed by any Petitioner shall contain the name, address, telephone number, facsimile and email address of the person filing and of his attorney or other representative, if any. Any change in this information shall, within seven days after such person becomes aware of such change, be communicated in writing to the Board and to all persons upon whom an appeal shall be served under subdivision (5) of this subsection.
(5) A copy of every appeal shall be served personally or by mail upon the Commissioner. Every appeal filed shall be accompanied by a certification in substantially the following form:
I [name of Petitioner or representative] hereby certify that a copy hereof was [personally delivered] [mailed in a properly addressed, first-class postage pre-paid envelope] on [date] to the Commissioner of Transportation at the following address:
____________________________
____________________________
____________________________
[signature of person making service]
(6) Service of a copy of an appeal shall be complete upon personal delivery or mailing.
(7) The date of the filing of any appeal required or allowed under this section shall be the date such appeal is received by the Board.
(8) The Board may reject any filing for failure to comply with any requirement of this subsection.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-5 - Scheduling hearings and settlement conferences

Current through July 10, 2024
(a) The Board may, upon the filing of an appeal under section 4b-3(f) -3(c), solicit comments from the parties and intervenors concerning an appropriate date and location for a hearing. Upon receipt of comments, the Board shall set a date for hearing within a reasonable time, giving the Board such time as is necessary and convenient, depending upon the nature, purpose, and circumstances of each appeal.
(b) Upon scheduling the hearing, the Board shall mail notice of the time, place, and nature of the hearing to all parties and intervenors and to any person who has filed a request for status as a party or intervenor but whose request has not yet been disposed of.
(c) Upon scheduling the hearing, the Board may schedule a settlement conference. The purpose of a settlement conference shall be to determine whether an appeal can be resolved without a hearing and to facilitate such a resolution.
(d) If the Board determines during the settlement conference that resolution of the dispute without a hearing is likely, it may reschedule the hearing.
(e) Each party and intervenor shall appear at any settlement conference which is scheduled. If any party fails without good cause to appear, the Board may proceed with the conference.
(f) At least one of the attorneys or other representatives for each party and intervenor participating in the settlement conference shall have authority to enter into agreements and stipulations regarding all matters that the participants should reasonably anticipate may be discussed at the settlement conference.
(g) Nothing in this subsection shall preclude the Board from meeting, whether on request or on its own initiative, with the parties and intervenors at any time for the purpose of facilitating settlement.
(h) Neither a settlement conference nor a hearing shall be continued at the request of a party or intervenor except upon motion demonstrating that there is good cause for a continuance. Any continuance granted shall be for a specific length of time.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-6 - Intervention

Current through July 10, 2024
(a) A person shall be granted status as an intervening party if:
(1) a statute confers a right to such status, provided that any conditions for party status specified in such statute have been satisfied; or
(2) such person has filed a written request stating facts which demonstrate that:
(A) such person's legal rights, duties or privileges will or may reasonably be expected to be affected by the decision in the proceeding;
(B) such person will or may reasonably be expected to be significantly affected by the decision in the proceeding; or
(C) such person's participation is necessary to the proper disposition of the proceeding.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-7 - Hearings

Current through July 10, 2024
(a)
Media
Any hearing conducted pursuant to this section which is open to the public may be recorded, photographed, broadcast, or recorded for broadcast in accordance with the provisions of subsection (a) of section 1-226 of the Connecticut General Statutes, provided the hearing is not so disturbed as to impair any person's ability to hear or be heard or to present evidence or argument. In order to minimize disruption of a hearing, the hearing officer or Board may impose reasonable limits on any person engaged in recording, photographing, broadcasting, or recording for broadcast.
(b)
Attendance
Any person who attends a hearing conducted pursuant to this section but who is not a party or a witness for a party and who does not intend to speak shall not be required to give his name or any other information or to satisfy any condition precedent to his attending the hearing.
(c)
Recording of hearings
Hearings conducted pursuant to this section shall be recorded either stenographically or electronically. The recording of a hearing or any part thereof shall be transcribed by or through the Board on request of any person, provided such person shall pay the cost of transcription and recording. Subject to the reasonable control of the Board, a party or an intervenor may record any portion of a hearing in which the Board participates. Settlement discussions conducted under section 4b-3(f) -4(c) do not constitute a portion of a hearing under this section and shall not be recorded unless all of the participants in such discussions consent to recording, and the Board concurs.
(d)
Suspension and reconvening of hearings
Except as provided in section 4b-3(f) -4(h) and section 4b-3(f) -9(b)(3)(B), the Board, as it deems appropriate, may continue a hearing to another time and place.
(e)
Disruption of hearings
If any person disrupts a hearing or otherwise interferes with the orderly conduct of such hearing, the Board may order such person to leave such hearing or may suspend the hearing and reconvene it at an appropriate place and time.
(f)
Representatives
A party or intervenor may appear in person or by an attorney or other representative. Attorneys shall conform to the standards of conduct and ethics required of practitioners before the courts of Connecticut.
(g)
Motions
(1) A motion is any request to the Board.
(2) All motions shall (A) be in writing unless made orally on the record, (B) state with particularity the grounds therefore, and (C) set forth the relief or ruling sought.
(3) Within seven days of service of a written motion or such other time as the Board may prescribe, any party or intervenor may file a response supporting or opposing the motion. The movant shall have no right to reply except as permitted by the Board.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-8 - The record

Current through July 10, 2024
(a) In addition to the items specified in section 4-177(d) of the Connecticut General Statutes, for the purposes of a Board proceeding the record shall include:
(1) a copy of the appeal and all appearances,
(2) any briefs or exceptions filed before or after issuance of the proposed final decision, and
(3) any correspondence between the Board and any party, intervenor, or other person concerning the proceeding.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-9 - Final decision

Current through July 10, 2024
(a)
Conclusion of appeal
For purposes of section 4b-3(f) of the Connecticut General Statutes, the Board shall be deemed to have heard an appeal, or an appeal shall be deemed concluded on the latter of (1) the date on which the last item of evidence is admitted into the record, (2) the date on which any post hearing legal submissions are accepted by the Board, or (3) the date by which the Board has heard all parties in connection with a proposed final decision.
(b) Within thirty (30) days after the conclusion of an appeal, as defined subsection (a) of this section, the Board shall issue a final decision, and the written decision of the Board shall be a final decision for the purposes of sections 4-180 and 4-183 of the Connecticut General Statutes.
(c)
Orders, rulings and decisions
(1) Unless otherwise provided by law, the final decision of the Board regarding an appeal shall be served by personal delivery, or by certified mail, return receipt requested on all parties and intervenors. All other written rulings shall be issued by first-class mail, unless distributed to all parties and intervenors at the hearing, pre-hearing conference, or oral argument.
(2) Unless otherwise provided by law, a ruling, proposed final decision, or final decision shall be deemed issued upon mailing or personal delivery.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-10 - Proposed final decisions

Current through July 10, 2024
(a) If a designee of the Board conducted the hearing, within twenty-one (21) days of the conclusion of all hearings on an appeal, the designee shall issue a proposed final decision in accordance with section 4-179 of the Connecticut General Statutes.
(b) When a majority of the members of the Board who are to render the final decision have not heard the matter or read the record, the decision, if adverse to a party, shall not be rendered until a proposed final decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the members of the agency who are to render the final decision.
(c) A proposed final decision shall be in writing and contain a statement of the reasons for the decision and a finding of facts and conclusion of law on each issue of fact or law necessary to the decision.
(d) Not later than 30 days after the latter of the issuance of the proposed final decision, the filing of any exceptions and briefs with respect thereto, and presentation of any oral argument on a proposed final decision, the Board shall issue a written final decision in accordance with section 4-180 of the Connecticut General Statutes. In its final decision the Board may affirm, modify, or reverse the proposed final decision, in whole or in part, or may remand for further proceedings, including the taking of further evidence. Any such further proceedings shall be governed by section 4b-3(f) -1 to section 4b-3(f) -10, inclusive. Any final decision by the Board may contain whatever conditions the Board deems appropriate.
(e) Pursuant to section 4-179(d) of the Connecticut General Statutes, the parties and the Board may, by written stipulation, waive compliance with subsections (a), (b) and (c) of this section.
Connecticut Administrative Code › Title 4b - State Real Property › 3(f) - Appeals Concerning Compensation for Outdoor Advertising Structures › Section 4b-3(f)-11 - Reconsideration

Current through July 10, 2024
(a) On motion made or its own initiative, the Board may reconsider, reverse, modify, or correct a final decision in accordance with section 4-181a of the Connecticut General Statutes. In addition, the Board may open a final decision upon a showing that (1) the final decision was prejudiced by fraud, misrepresentation, or other misconduct of a party or intervenor, or (2) there is other compelling reason for opening the final decision.
(b) Any further proceedings required by a ruling under subsection (a) of this section shall be conducted in accordance with section 4-181a of the Connecticut General Statutes, and the applicable provisions of section 4b-3(f) -1 to section 4b-3(f) -10, inclusive.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-1 - Applicability

Current through July 10, 2024
Sections 4b-24-1 to 4b-24-8, inclusive, of the Regulations of Connecticut State Agencies shall be applicable to the award of contracts for projects pursuant to sections 4b-24(4) and 4b-91(g) of the Connecticut General Statutes.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-2 - Definitions

Current through July 10, 2024
As used in sections 4b-24-1 to 4b-24-9, inclusive, of the Regulations of Connecticut State Agencies:
(1) "Design-build team" means design and construction professionals that join together to submit a proposal for the department's consideration pursuant to section 4b-24(4) of the Connecticut General Statutes;
(2) "DPW chairperson" means the person designated by the commissioner or the commissioner's designee, pursuant to subsection (d) of section 4b-100a of the Connecticut General Statutes;
(3) "DPW selection administrator" means the employee or employees at the department designated by the commissioner, or the commissioner's designee, to provide administration of the selection process set forth in sections 4b-24-1 to 4b-24-8, inclusive, of the Regulations of Connecticut State Agencies;
(4) "Interview panel" means a construction services award panel set forth in section 4b-100a of the Connecticut General Statutes, that submits a list of recommended design-build teams or special legislation contractors to the commissioner;
(5) "Performance form" means the form set forth in section 4b-24-8(b) of the Regulations of Connecticut State Agencies;
(6) "Prequalification certificate" means the certificate issued by the Commissioner of Administrative Services pursuant to section 4a-100 of the Connecticut General Statutes;
(7) "Screening panel" means a construction services award panel set forth in section 4b-100a of the Connecticut General Statutes that screens all submitted proposals; and
(8) "Special legislation contractor" means a firm submitting a proposal pursuant to section 4b-91(g) of the Connecticut General Statutes.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-3 - Communications and conduct

Current through July 10, 2024
(a) Except for communications authorized by sections 4b-24-4 and 4b-24-7 of the Regulations of Connecticut State Agencies, no other communications shall occur between employees of the State of Connecticut, interview panel members or screening panel members with substantive information concerning the work for which proposals are being solicited under sections 4b-24(4) or 4b-91(g) of the Connecticut General Statutes, and any member of a design-build team or special legislation contractor, or anyone on behalf of such teams or contractors. Nothing in this section prohibits communication with regard to nonsubstantive communications, such as directions to the department to pick up construction plans or information about the hours the department is open.
(b) Each screening and interview panel member shall submit to the commissioner a written certification attesting to the facts set forth in section 4b-100a(e)(3) of the Connecticut General Statutes, and that the panel member:
(1) has not communicated with any member of a design-build team or special legislation contractor, or anyone on their behalf, prior to the panel member's final scoring of each such team or contractor, except as provided in sections 4b-24-4 and 4b-24-7 of the Regulations of Connecticut State Agencies; and
(2) has no financial, personal or other interest in the outcome of the selection process.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-4 - Submissions

Current through July 10, 2024
Design-build teams and special legislation contractors shall submit information, in addition to what is required in the legal notice and advertisement for design-build teams or in the invitation by the commissioner for a special legislation contractor, for consideration by the interview panel pursuant to any request from the DPW selection administrator.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-6 - Screening panel

Current through July 10, 2024
(a) No later than six (6) weeks after the deadline for proposal submission, unless extended in writing by the commissioner, each screening panel member shall:
(1) independently evaluate the proposals in accordance with the criteria set forth on the proposal evaluation form created pursuant to section 4b-24-8 of the Regulations of Connecticut State Agencies and any information available pursuant to subsection (b) of this section;
(2) rate each proposal on the criteria specified on the proposal evaluation form;
(3) sign the completed proposal evaluation form and submit it to the DPW chairperson.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-8 - Forms

Current through July 10, 2024
(a) The commissioner, or the commissioner's designee, shall develop a proposal evaluation form to be used by members of the screening panel, and an interview evaluation form to be used by members of the interview panel. The forms may contain criteria specific to the project for which design-build teams or special legislation contractors are being evaluated. Nothing in this subsection shall preclude the agency, institution, school, or academy for which the project is being undertaken from having input into what such criteria should be. The forms shall include the scoring scale of "A," "B," "C," and "F"; signifying the best to the worst score, respectively.
(b) The commissioner, or the commissioner's designee, shall develop a performance form or forms on which employees may report on the past performance and experience of consultants or contractors. Documents relevant to the performance may be attached to the performance form.
Connecticut Administrative Code › Title 4b - State Real Property › 24 - Selection Panels for Design-Build Teams and Special Legislation Contractors › Section 4b-24-9 - Other requirements applicable to special legislation contractors

Current through July 10, 2024
(a) At the time of interview, each special legislation contractor shall submit an affidavit, on a form provided by the commissioner, attesting that the project proposal was not developed by fraud or by collusion with any person, and that such contractor did not receive any information from a public official or from an employee, as defined in section 4b-1-18 of the Regulations of Connecticut State Agencies, which information was not available to the general public, concerning the project for which the proposal was submitted.
(b) The criteria upon which special legislation contractors shall be evaluated by the panel members includes the following:
(1) The contractor's prequalification classification;
(2) The contractor's aggregate work capacity rating and single project limits;
(3) Information contained in the contractor's update statement, as required by section 4b-91(d) of the Connecticut General Statutes;
(4) The contractor's numerical rating pursuant to section 4a-100(f) of the Connecticut General Statutes;
(5) The responsiveness of the proposal to the requirements in sections 4b-91 to 4b-95a, inclusive, of the Connecticut General Statutes;
(6) The contractor's performance history, including any suspensions, disqualifications, or debarments, and experience, capacity, compliance with statutory requirements, including, but not limited to, any information available pursuant to section 4a-101 of the Connecticut General Statutes; and
(7) The contractor's ability to successfully perform projects of a similar size and scope.
Connecticut Administrative Code › Title 4b - State Real Property › 53 - Purchases for State Building Works of Art Account › Section 4b-53-1 - Portion of one percent allocation

Current through July 10, 2024
(a) Except as provided under subsection (b) of this section, ten percent of the one percent allocation shall be apportioned to the State Building Works of Art Account from all projects bonded under the one percent statute.
(b) The State Commission on the Arts retains the flexibility, however, to raise the allotted amount to the full 25% of the one percent allowed by statute, when it determines that the interests of the State can best be served by the application of 25% to the State Building Works of Art Account and 75% to the one percent account for that particular project. In that instance, the State Commission on the Arts shall give written notification to the Commissioner of Public Works of the specific amount to be allocated to the State Buildings Works of Art Account.
Connecticut Administrative Code › Title 4b - State Real Property › 53 - Purchases for State Building Works of Art Account › Section 4b-53-3 - Purchase of works of art

Current through July 10, 2024
(a) Works of art will be selected by the State Commission on the Arts for both a bank of major works of art and for the collection of works by distinguished Connecticut artists in accordance with the provisions of this section.
(b)
(1) There shall be a five member committee of visual arts professionals, e.g., critics, museum directors, artists from varied disciplines and art historians. The Committee will be appointed by the State Commission on the Arts and will be named the Connecticut Artists Collection Advisory Committee;
(2) Nomination of members for appointment to the Connecticut Artists Collection Advisory Committee will be made by the staff to the Board of the State Commission on the Arts for its approval;
(3) Within 30 days of adoption of this regulation, the State Commission on the Arts will appoint to the Connecticut Artists Collection Advisory Committee the following:
(A) two members for two years;
(B) three members for three years;
(C) thereafter, Connecticut Artists Collection Advisory Committee members will be appointed for a term of three years;
(D) no member may serve more than two full three-year terms and the two members mentioned in (A) may serve no more than five years;
(E) vacancies shall be filled by the State Commission on the Arts for the unexpired portion of the term;
(4) the Connecticut Artists Collection Advisory Committee will be chaired by a Board member of the State Commission on the Arts to be appointed by the Chairman of the State Commission on the Arts. The Chair of the Committee will be a nonvoting member.
Connecticut Administrative Code › Title 4b - State Real Property › 53 - Purchases for State Building Works of Art Account › Section 4b-53-4 - Use of allocated funds

Current through July 10, 2024
Allocated funds
- May be expended for any of the following purposes:
(1) costs of purchase of an existing work of art;
(2) the costs of the proper presentation of the work of art including: framing, lighting, security and installation, conservation and repair; transportation;
(3) the costs of plaques, labels and signage identifying the works of art.
Connecticut Administrative Code › Title 4b - State Real Property › 53 - Purchases for State Building Works of Art Account › Section 4b-53-5 - Exhibition, circulation, inventory, storage and maintenance, gifts, ownership

Current through July 10, 2024
(a)
Exhibition
-The State Commission on the Arts shall be responsible for selecting public exhibition locations for works of art by distinguished Connecticut artists.
(b)
Circulation of the Collection
-The State Commission on the Arts shall be responsible for circulating works of arts purchased for the bank of major works of art.
(c)
Inventory
-The State Commission on the Arts shall keep and maintain an inventory of all works of art in state buildings purchased under this collection.
(d)
Storage and Maintenance
-When not on exhibition, works of art will be stored in a manner consistent with accepted museum practice. It will be the responsibility of the State Commission on the Arts to hire appropriate professionals to provide care and repair of works of art.
(e)
Gifts
-Artwork by Connecticut artists may be accepted for the distinguished Connecticut Artists Collection and for the Bank of Major Works of Art. Determination of acceptance will be made by the Connecticut Artists Collection Advisory Committee recommendation to the State Commission on the Arts.
(f)
Ownership
-The State of Connecticut, acting through the State Commission on the Arts, shall be the sole owner of all works of art purchased through these funds. Title shall vest in the state on final acceptance of the work of art.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-1 - Statement of purpose

Current through July 10, 2024
The purpose of sections 4b-100-1 through 4b-100-10 of the Regulations of Connecticut State Agencies is to establish grievance procedures in accordance with the requirements of Section 5 of Public Act No. 89-367 for promptly hearing and ruling on claims alleging a violation or violations of the contract bidding provisions of Part II of Chapter 60 of the Connecticut General Statutes (hereinafter "Chapter 60"). In view of the fact that time is normally of the essence in awarding construction contracts under Chapter 60, the grievance procedures are intended to be quick, informal and conclusive so as to avoid delays which can increase costs and jeopardize the very ability of the State to proceed with needed public works projects.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-2 - Definitions

Current through July 10, 2024
As used in sections 4b-100-1 through 4b-100-10:
(a) "Commissioner" means the Commissioner of Public Works;
(b) "Department" means the Department of Public Works;
(c) "Petitioner" means the party filing a claim with the Commissioner of Public Works alleging a violation or violations of Chapter 60;
(d) "Presiding Officer" means the person designated by the Commissioner of Public Works to conduct the informal conference at which the alleged violation(s) of Chapter 60 is heard and ruled upon;
(e) "Respondent" means the party or parties alleged to have violated a provision of Chapter 60.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-3 - Who may file a petition

Current through July 10, 2024
Pursuant to the provisions of Chapter 60, the Commissioner of Public Works is authorized to award contracts for the construction, reconstruction, alteration, remodeling, repair or demolition of public buildings for the State of Connecticut. Any party whose financial interests may be affected by a decision on a claim alleging a violation(s) of the contract bidding procedures set forth in Chapter 60 may file a petition with the Commissioner seeking a ruling on whether there has been a violation. The Department may also file a petition if it has reason to believe that there has been a violation or violations.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-4 - Contents of petition

Current through July 10, 2024
(a) Any party wishing to file a petition with the Commissioner must use the standardized form prepared by the Department of Public Works. Blank copies of the petition form may be obtained from the Department's Bidding and Contracts Division.
(b) In order to be able to quickly determine whether there has been a violation(s) of the Chapter 60 contract bidding provisions and, if so, what would be an appropriate remedy, the Petitioner must provide the Commissioner with the following information:
(1) A detailed description of the nature of the alleged violation or violations, including but not limited to the specific statutory provision(s) that were allegedly violated, a factual narrative of how the specified statutory provisions were violated, and the name and address of the person(s) who allegedly committed the violation(s) and all persons believed to have personal knowledge or information on the alleged violation(s);
(2) An explanation as to how the Petitioner's financial interests may be affected by a decision on the alleged violation(s) in order to show that he has the requisite standing to file a petition under these grievance procedures;
(3) A copy of all documents in the possession of the Petitioner, or to which he has access, regarding the alleged violation(s);
(4) A complete citation to all legal authority known to the Petitioner which he believes supports his claim that there has been a violation of the contract bidding provisions of Chapter 60, including case law citations;
(5) A statement of what specific relief the Petitioner is seeking;
(6) A certification by the Petitioner attesting to the fact that Petitioner has provided the Respondent with a copy of the completed petition being filed with the Commissioner.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-5 - Time limit for petition

Current through July 10, 2024
(a) If the contract has not as yet been awarded, the completed petition must be filed in the Office of the Commissioner of Public Works, State Office Building, 165 Capitol Avenue, Hartford, Connecticut, no later than ten (10) calendar days after the opening of bids on the contract on which the Petitioner claims there have been a violation(s) of the provisions of Chapter 60. Failure to comply with this 10-day filing period shall be grounds for rejecting a petition.
(b) If the contract has been awarded, the completed petition must be filed in the Office of the Commissioner no later than ten (10) calendar days after the cause or event giving rise to the claim has occurred and become known to the petitioner. Failure to comply with this 10-day filing period shall be grounds for rejecting a petition.
(c) For good cause shown by the petitioner, the Commissioner may in his discretion waive the 10-day time limitation set forth in subsections (a) and (b) where doing so will not prejudice the interests of the State of Connecticut.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-6 - Scheduling of informal conference

Current through July 10, 2024
(a) Following receipt of a completed petition, the Commissioner of Public Works, or his designee, will schedule an informal conference to provide both the Petitioner and the Respondent with an opportunity to argue their respective positions regarding the alleged violation(s). Written notice will be sent to the Petitioner and Respondent setting forth the time, date and location of the informal conference.
(b) At least forty-eight (48) hours prior to the scheduled informal conference, the Respondent shall file in the Office of the Commissioner a written response to the Petitioner's claim(s), together with any documentation and citations of legal authority that Respondent believes supports his position. The Respondent shall certify to the Commissioner that he has provided the Petitioner with a copy of his response and documentation prior to the filing with the Commissioner.
(c) Since time is of the essence, no postponements or extensions of time will be granted, except for extraordinary circumstances.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-7 - Presiding officer

Current through July 10, 2024
The Commissioner shall designate a person to act as presiding officer at the informal conference. The presiding officer shall be responsible for conducting the informal conference, reviewing all documents presented to the Department of Public Works in accordance with sections 4b-100-4, 4b-100-6, and 4b-100-8, reviewing the oral arguments of Petitioner and Respondent, and shall thereafter issue a ruling on the Petitioner's claim(s).
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-8 - Procedures at informal conference

Current through July 10, 2024
(a) The presiding officer shall be responsible for conducting the informal conference and insuring that the Petitioner and Respondent have a fair opportunity to present their respective arguments relative to the alleged violation(s) set forth in the petition.
(b) The Petitioner shall proceed first, and the Respondent shall thereafter be provided with an opportunity to rebut Petitioner's claims. The presiding officer may ask questions or request the production of any additional documents he deems necessary to make an informed decision in the matter.
(c) Because time is of the essence and because the Petitioner and Respondent are required to file their supportive documentation with the Department prior to the informal conference, additional documents may not be presented at the informal conference, except where good cause is shown for the failure to provide the document prior to the informal conference or where the presiding officer determines that the document is necessary to make an informed decision and the parties will not be substantially prejudiced by the introduction of the document.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-9 - Ruling

Current through July 10, 2024
The presiding officer shall issue a ruling in the matter within fifteen (15) calendar days of the conclusion of the informal conference. The ruling shall be in writing and shall set forth the facts and conclusions found by the presiding officer with respect to the alleged violation(s) of Chapter 60. A copy of the ruling shall be sent by registered or certified mail, postage prepaid, to the Petitioner and Respondent.
Connecticut Administrative Code › Title 4b - State Real Property › 100 - Procedure for Alleged Violation or Violations of Part II Chapter 60 of Connecticut General Statutes › Section 4b-100-10 - Administrative appeal

Current through July 10, 2024
(a) Any party adversely affected by a ruling issued under these grievance procedures may file a written appeal with the Commissioner of Public Works. This appeal shall contain a statement of the reasons why the party believes that the ruling is erroneous. (If the Commissioner issued the ruling in question, this ruling shall be final and these appeal provisions shall not apply.)
(b) The written appeal must be filed in the Office of the Commissioner within five (5) days of the receipt of the ruling, including Saturday and Sunday. A copy must also be sent to the other party or parties in the matter.
(c) Thereafter, the Commissioner shall issue a written decision on the ruling and this decision shall be final and conclusive in the matter.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-2 - Delegation of purchasing authority

Current through July 10, 2024
(a) The CIO may delegate direct purchase authority to the head of any agency or may revoke any such authority at the CIO's discretion. Factors to consider in making the decision to delegate include:
(1) the expertise of the agency in terms of procurement knowledge and any specialized knowledge pertinent to the direct purchase authority to be delegated;
(2) the past experience of the agency in exercising similar direct purchase authority;
(3) the degree of economy and efficiency to be achieved in meeting the state's requirements if the direct purchase authority is delegated;
(4) the available resources of the agency to exercise the authority if it is not delegated; and,
(5) the consistency of delegation under similar circumstances.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-5 - Guaranty or surety

Current through July 10, 2024
(a) When requested by the department and, if so, within 10 days after the execution date of a contract or the issuance of the contract award, a bidder or proposer shall deliver to the department a performance guaranty. A guaranty may be submitted in any one of the following forms, each in such amount as the CIO determines to be appropriate:
(1) annual bond or warranty bond;
(2) individual bond or warranty bond; or
(3) certified check made payable to "Treasurer, State of Connecticut.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-6 - Specifications; samples

Current through July 10, 2024
(a) All specifications shall be minimum standards. If any accepted sample is superior in quality to the specifications, all deliveries shall have the same identity and quality as the accepted sample.
(b) Samples, when required, shall be submitted strictly in accordance with instructions, otherwise the bid or proposal may not be considered. If samples are requested subsequent to the due date of bids or proposals, they shall be delivered as specified in the invitation to bid or request for proposals. Samples shall be furnished free of charge and shall be accompanied by descriptive memorandum invoices indicating if the bidder or proposer desires their return, provided they have not been used or made useless by tests. Samples may be held for comparison with deliveries. Samples shall be returned at the bidder's or proposer's risk and expense.
(c) When the bid or proposal indicates that an item is to be equivalent to a sample, such sample shall be on display in the department unless another location is specified. Failure on the part of the bidder or proposer to examine the sample shall not relieve them from the conditions imposed by the ITB or RFP.
(d) The CIO may amend or reject a specification at any time if the CIO determines that the amendment or rejection is in the best interest of the state.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-7 - Bid award

Current through July 10, 2024
(a) Award shall be made to the lowest responsible qualified bidder in accordance with section 4a-59 of the Connecticut General Statutes and with the criteria set forth in the invitation to bid.
(b) The CIO reserves the right to award by item, or part thereof, groups of items, or parts thereof, or all items of the bid, to reject any and all bids in whole or in part and to waive or correct minor irregularities and omissions if, in his judgment, the best interest of the state will be served.
(c) The CIO reserves the right to make awards within 30 calendar days from the date bids are opened, unless otherwise specified in the invitation to bid, during which period bids shall not be withdrawn unless the bidder expressly states in the bid that acceptance must be made within a shorter specified time. Should award, in whole or in part, be delayed beyond the period of 30 days or an earlier date specified by a bidder in the bid, such awards shall be conditioned upon bidder's acceptance.
(d) A bidder shall be prepared to present evidence of experience, ability, service facilities, factory or other authorizations and financial standing necessary to meet satisfactorily the requirements set forth or implied in the invitation to bid.
(e) The quantities listed in the bid or schedule may be increased or decreased by the CIO to meet new or amended requirements of agencies between the time of invitation to bid and the time award is made, subject to the bidder's acceptance.
(f) The CIO reserves the right to correct inaccurate awards resulting from clerical or administrative errors.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-8 - Contract; rights of the state

Current through July 10, 2024
(a) Each bid shall be submitted with the understanding that the acceptance in writing by the CIO of the offer to furnish any or all of the information technology personal property or services described therein shall constitute a contract between the bidder and the state. Such contract shall bind the bidder on his part to furnish and deliver the information technology personal property or services at the prices given and in accordance with conditions set forth in the invitation to bid, the accepted bid, and sections 4d-3-1 through 4d-3-19 of the Regulations of Connecticut State Agencies. Such contract shall bind the state on its part to order the information technology personal property or services from such contractor, except as may otherwise be provided in the invitation to bid, and subject to the availability of appropriated funds, and to pay at the contract prices all information technology personal property or services ordered and delivered. The state reserves the right to order 10 percent more or less than the quantity listed in the bid or as amended in the award.
(b) No alterations or variations of the terms of a contract shall be valid or binding upon the state unless made in writing and signed by the CIO.
(c) Contracts shall remain in force until:
(1) Terminated in accordance with the contract's terms and conditions; or
(2) Extended in accordance with section 4a-59a of the Connecticut General Statutes, and upon written authorization of the CIO and acceptance by the contractor, to permit ordering of unordered balances or additional quantities at the contract price and in accordance with the contract terms.
Connecticut Administrative Code › Title 4d - State Information Telecommunications Systems › 3 - Procurement of Information and Telecommunication Systems › Section 4d-3-9 - Contract guaranty

Current through July 10, 2024
The contractor shall:
(a) Perform the contract in accordance with the specifications, terms and conditions under which the contract was awarded;
(b) Save the state, its agents, or employees harmless from liability of any kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract of which the contractor is not the patentee, assignee, or licensee;
(c) Guarantee the products against defective material or workmanship and to repair any damage or marring occasioned in transit or, at the state's option, replace the products;
(d) Furnish adequate protection from damage for all work and to repair damage of any kind, for which its workers are responsible, to the premises or equipment, to his own work or the work of other contractors;
(e) Warrant that each information technology personal property or each developed, modified or remediated information technology personal property delivered under the contract shall:
(1) accurately assess, present or process date and time data (including, but not limited to, management, manipulation, processing, comparing, sequencing and other use of date data, including single and multi-century formulae and leap years) from, into and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations;
(2) properly exchange date and time data when used in combination with other information systems; and information technology personal property; and
(3) perform as a system, if so stipulated in the contract, and the warranty shall apply to those items as a system;