Sec. 4d-8. Information and telecommunication systems. Purchase, lease, contracts for, sale and disposal. (a) The provisions of title 4a shall apply to the purchasing,
leasing and contracting for information system and telecommunication system facilities,
equipment and services by the Chief Information Officer, except that (1) the Chief
Information Officer shall have the powers and duties that are assigned by said title 4a
to the Commissioner of Administrative Services and (2) the Chief Information Officer
may use competitive negotiation, as defined in section 4a-50, to purchase or contract
for such facilities, equipment and services after making a written determination, including the reasons therefor, that such action is in the best interest of the state. The Chief
Information Officer shall adopt regulations, in accordance with the provisions of chapter
54, establishing objective standards for determining when such competitive negotiation
may be used instead of competitive bidding, including whether the character of the
facilities, equipment or services is more important than their relative cost.
(b) (1) As used in this subsection, "information technology personal property" includes, but is not limited to, electronic data processing equipment, other equipment
necessary for the utilization of information systems, telecommunication equipment or
installations, and other equipment necessary for the utilization of telecommunication
systems.
(2) Notwithstanding any provision of the general statutes to the contrary, the Chief
Information Officer may sell, lease or otherwise dispose of information technology
personal property. The Chief Information Officer may execute personal service
agreements or other contracts with outside vendors for such purposes. If any such information technology personal property was purchased or improved with the proceeds of
tax-exempt obligations issued or to be issued by the state, the Chief Information Officer
shall notify the State Treasurer and obtain the approval of the State Treasurer, before
selling, leasing or disposing of the personal property or executing such an agreement
or contract for such purpose. The State Treasurer may disapprove such sale, lease, disposition, agreement or contract only if it would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status.
(June 18 Sp. Sess. P.A. 97-9, S. 3, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-9. (Formerly Sec. 4a-7). Technical Services Revolving Fund. There
shall be a Technical Services Revolving Fund in the Department of Information Technology for the purchase, installation and utilization of information systems, as defined in
section 4d-1, for budgeted agencies of the state. The working capital balance allocated
to said Technical Services Revolving Fund shall be one million one hundred thousand
dollars. The Chief Information Officer and the Secretary of the Office of Policy and
Management shall jointly be responsible for the administration of such fund. Said officer
and secretary shall develop appropriate review procedures and accountability standards
for such fund and measures for determining the performance of the fund in carrying out
the purposes of this part.
(February, 1965, P.A. 355, S. 1; P.A. 73-677, S. 6; P.A. 75-519, S. 4, 12; P.A. 76-208, S. 2, 4; P.A. 77-614, S. 77, 610;
P.A. 83-175, S. 1, 2; P.A. 86-357, S. 1; P.A. 88-297, S. 7; P.A. 89-257, S. 12, 14; P.A. 92-135, S. 2; P.A. 93-30, S. 1, 14;
June 18 Sp. Sess. P.A. 97-9, S. 16, 50.)
History: P.A. 73-677 transferred duties of comptroller under section to the commissioner of personnel and administration
and removed funds for data processing system from comptroller's service fund to revolving fund in department of personnel
and administration; P.A. 75-519 substituted commissioner of finance and control for commissioner of personnel and
administration; P.A. 76-208 established capital balance of data processing revolving fund at one million one hundred
thousand dollars; P.A. 77-614 substituted commissioner of administrative services for commissioner of finance and control;
P.A. 83-175 amended section to require development of five-year long-range data processing plan; Sec. 3-116a transferred
to Sec. 4-23n in 1985; P.A. 86-357 added provision allowing commissioner to acquire or purchase data processing equipment, programs or services through use of bid proposals, requests for proposals or negotiation; P.A. 88-297 deleted provision
re authority of commissioner to purchase or acquire data processing equipment, programs or services costing twenty
thousand dollars or less; Sec. 4-23n transferred to Sec. 4a-7 in 1989; P.A. 89-257 repealed provisions requiring commissioner to assume operating control and direction of data processing in budgeted agencies and added reference to information
systems; P.A. 92-135 added provisions re joint administration of fund by administrative services commissioner and secretary of policy and management office; P.A. 93-30 renamed "data processing fund" as "technical services revolving fund",
effective July 1, 1993; June 18 Sp. Sess. P.A. 97-9 repealed authority of Commissioner of Administrative Services to
delegate data processing acquisition authority and transferred fund from Department of Administrative Services to Department of Information Technology, effective July 1, 1997; Sec. 4a-7 transferred to Sec. 4d-9 in 1999; (Revisor's note: In
1999 a reference to chapter 298b, which included former sections 16a-109 to 16a-120, inclusive, was changed editorially
by the Revisors to "part I of chapter 61" to reflect the transfer to said part of all sections in said chapter 298b and in 2003
the reference to "part I of chapter 61" was changed editorially by the Revisors to "this part").
Sec. 4d-10. (Formerly Sec. 4a-8). Capital Equipment Data Processing Revolving Fund. (a) The Chief Information Officer is authorized to establish and administer
a fund to be known as the Capital Equipment Data Processing Revolving Fund which
shall be used for the purchase of data processing equipment and related items necessary
to maintain or improve the state's data processing functions. The Chief Information
Officer is authorized to expend funds necessary for all reasonable direct expenses relating to the administration of said fund.
(b) The State Bond Commission shall have power from time to time to authorize
the issuance of bonds of the state in one or more series in accordance with section 3-20
and in a principal amount necessary to carry out the purposes of this section, but not in
excess of an aggregate amount of ten million five hundred thousand dollars. All of said
bonds shall be payable at such place or places as may be determined by the Treasurer
pursuant to section 3-19 and shall bear such date or dates, mature at such time or times,
not exceeding five years from their respective dates, bear interest at such rate or different
or varying rates and payable at such time or times, be in such denominations, be in such
form with or without interest coupons attached, carry such registration and transfer
privileges, be payable in such medium of payment and be subject to such terms of
redemption with or without premium as, irrespective of the provisions of said section
3-20, may be provided by the authorization of the State Bond Commission or fixed in
accordance therewith. The proceeds of the sale of such bonds shall be deposited in the
Capital Equipment Data Processing Revolving Fund created by this section. Such bonds
shall be general obligations of the state and full faith and credit of the state of Connecticut
are pledged for the payment of the principal of and interest on such bonds as the same
become due. Accordingly, and as part of the contract of the state with the holders of
such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made and the Treasurer shall pay such principal and interest
as the same become due. Net earnings on investments or reinvestments of proceeds,
accrued interest and premiums on the issuance of such bonds, after payment therefrom
of expenses incurred by the Treasurer or State Bond Commission in connection with
their issuance, shall be deposited in the General Fund of the state.
(June Sp. Sess. S.A. 83-17, S. 31, 213; S.A. 84-54, S. 168, 172; P.A. 85-558, S. 1, 17; P.A. 87-405, S. 23, 26; P.A. 89-331, S. 1, 30; June 18 Sp. Sess. P.A. 97-9, S. 17, 50; P.A. 00-66, S. 15.)
History: S.A. 84-54 deleted provision requiring any premium and interest on sale of bonds to be deposited in revolving
fund; P.A. 85-558 increased bond authorization limit from two million to four million dollars, deleted provision requiring
any premium and interest on sale of bonds to be deposited in revolving fund, and provided that net earnings on investments
of proceeds, accrued interest and premiums on issuance of bonds be deposited in general fund, rather than revolving fund;
P.A. 87-405 increased the bond authorization from four million dollars to eight million dollars; Sec. 4-23p transferred to
Sec. 4a-8 in 1989; P.A. 89-331 increased the bond authorization from eight million dollars to ten million five hundred
thousand dollars; June 18 Sp. Sess. P.A. 97-9 transferred administration of fund from Commissioner of Administrative
Services to Chief Information Officer, effective July 1, 1997; Sec. 4a-8 transferred to Sec. 4d-10 in 1999; P.A. 00-66 made
a technical change in Subsec. (a).
Sec. 4d-11. (Formerly Sec. 16a-114). State agency appropriations and expenditures for information and telecommunication systems. The Chief Information Officer shall establish a procedure for the preparation by state agencies of plans and estimates of expenditure requirements for information and telecommunication systems, for
consideration for inclusion in the Governor's budget document. On February 1, 1998,
and annually thereafter, the Chief Information Officer shall submit to the Secretary of
the Office of Policy and Management a report which sets forth the appropriation to each
state agency, for the fiscal year in progress, for information and telecommunication
systems and the actual expenditures for such systems by each such agency as of December thirty-first of such fiscal year. On August 1, 1997, and annually thereafter, the Chief
Information Officer shall submit to the secretary such report with respect to the last
completed fiscal year.
(P.A. 89-257, S. 4, 14; June 18 Sp. Sess. P.A. 97-9, S. 6, 50.)
History: June 18 Sp. Sess. P.A. 97-9 required Chief Information Officer, instead of Secretary of the Office of Policy and
Management, to establish procedure for agency preparation of plans and estimates of expenditure requirements, repealed
provisions re schedule for agency preparation of such plans and estimates, required Chief Information Officer, instead of
executive director of Office of Information and Technology, to submit reports to Secretary of the Office of Policy and
Management, and updated reporting provisions, effective July 1, 1997; Sec. 16a-114 transferred to Sec. 4d-11 in 1999.
Sec. 4d-12. (Formerly Sec. 16a-115). Advisory committees authorized. Information and telecommunication systems executive steering committee established.
(a) The Chief Information Officer may establish such committees as he deems necessary
to advise said office in carrying out the purposes of sections 4d-1 to 4d-5, inclusive,
section 4d-7 and sections 4d-11 to 4d-14, inclusive.
(b) There is established an information and telecommunication systems executive
steering committee consisting of the Chief Information Officer, the Secretary of the
Office of Policy and Management, the Comptroller, the Treasurer, the Commissioner
of Administrative Services and the chairperson of the board of trustees of each constituent unit of the state system of higher education, or their designees. The Chief Information Officer, or his designee, shall serve as chairman of the committee. The Department
of Information Technology shall serve as staff to the committee. The committee shall
(1) review and approve or disapprove the annual information and telecommunication
systems strategic plan developed under section 4d-7, state agency estimates of expenditure requirements for information and telecommunication systems established under
section 4d-11, and major telecommunication initiatives, (2) review, in consultation with
the Department of Information Technology, and approve or disapprove variances to (A)
the list of approved architectural components for information and telecommunication
systems for state agencies, (B) the strategic plan and (C) appropriations for information
and telecommunication systems and (3) advise the Department of Information Technology on the organization and functions of the department. The committee shall submit
a report on each approved variance to the General Assembly. Such report shall include
the reasons for the variance and the results of a cost-benefit analysis on the variance.
(P.A. 89-257, S. 5, 14; P.A. 95-38, S. 5; June 18 Sp. Sess. P.A. 97-9, S. 7, 50; P.A. 99-71, S. 4.)
History: P.A. 95-38 required submission of report to General Assembly rather than legislative committee on information
and telecommunication systems in Subsec. (b); June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for
"executive director of the Office of Information and Technology" and "Department of Information Technology" for "Office
of Information and Technology" and amended Subsection (b) by adding Chief Information Officer and chairperson of
board of trustees of each constituent unit of state system of higher education to steering committee and making Chief
Information Officer, instead of Secretary of the Office of Policy and Management, the steering committee chairman,
effective July 1, 1997; Sec. 16a-115 transferred to Sec. 4d-12 in 1999; P.A. 99-71 changed reference to "4d-15" to "4d-14" in Subsec. (a).
Sec. 4d-13. (Formerly Sec. 16a-116). Technology Advisory Committee established. There is established a Technology Advisory Committee consisting of: (1) Four
persons from the private sector having training or experience in information or telecommunication systems and technologies, one of whom shall be appointed by the speaker
of the House of Representatives, one by the minority leader of the House of Representatives, one by the president pro tempore of the Senate and one by the minority leader of
the Senate; and (2) four state employees with training or experience in such systems
or technologies, who shall be appointed by the Governor. The Technology Advisory
Committee shall review reports submitted by the Information and Telecommunication
Systems Executive Steering Committee or the Chief Information Officer to the General
Assembly and shall provide technical expertise and advice to the General Assembly.
The Technology Advisory Committee shall meet at least every six months.
(P.A. 89-257, S. 6, 14; P.A. 95-38, S. 6; June 18 Sp. Sess. P.A. 97-9, S. 8, 50.)
History: P.A. 95-38 repealed former Subsec. (a), which had established legislative committee on information and
telecommunication, deleted Subsec. lettering and substituted "General Assembly" for references to committee in remaining
provisions; June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for "executive director of the Office of
Information and Technology", effective July 1, 1997; Sec. 16a-116 transferred to Sec. 4d-13 in 1999.
Sec. 4d-14. (Formerly Sec. 16a-119). Reports. (a) Not later than October first,
annually, the Secretary of the Office of Policy and Management shall submit to the
Governor and the General Assembly (1) the updated strategic plan established under
section 4d-7, and (2) a report on the activities of the Department of Information Technology and cost savings and improvements in the efficiency of information and telecommunication systems of state agencies, which are attributable to the efforts of said department.
(b) Not later than October first, annually, the Chief Information Officer shall submit
a report to the Secretary of the Office of Policy and Management, the Governor and the
General Assembly (1) specifying potential opportunities for increasing the efficiency
or reducing the costs of the state's information and telecommunication systems and (2)
including a plan to realize such opportunities.
(P.A. 89-257, S. 9, 14; P.A. 95-38, S. 7; 95-285, S. 8, 9; June 18 Sp. Sess. P.A. 97-9, S. 11, 50.)
History: P.A. 95-38 repealed former Subsec. (a), re interim report by Secretary of Office of Policy and Management,
relettered remaining Subsecs. accordingly, made technical changes and substituted "General Assembly" for "legislative
committee on information and telecommunication systems"; P.A. 95-285 substituted "4a-58" for "4a-56" in Subsec. (b),
effective July 1, 1995; June 18 Sp. Sess. P.A. 97-9 repealed former Subsec. (a) re variances, relettered former Subsecs.
(b) and (c) as (a) and (b), substituted "Department of Information Technology" for "Office of Information and Technology"
and "Chief Information Officer" for "executive director of the Office of Information and Technology" and amended Subsec.
(b) to also provide for report to be submitted to the Governor, effective July 1, 1997; Sec. 16a-119 transferred to Sec. 4d-14 in 1999.
Sec. 4d-15. (Formerly Sec. 16a-119a). Reports on implementation of systems
requirements re computer-stored public records. Section 4d-15 is repealed, effective
October 1, 1999.
(P.A. 91-347, S. 4, 5; June 18 Sp. Sess. P.A. 97-9, S. 12, 50; P.A. 99-71, S. 5.)
Secs. 4d-16 and 4d-16a. Century date change effect. Management of century
date change effect by municipalities; municipal authority to contract for services;
cooperative purchasing plans. Sections 4d-16 and 4d-16a are repealed, effective October 1, 2002.
(June 18 Sp. Sess. P.A. 97-9, S. 24, 50; P.A. 99-66, S. 1, 4, 5; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)
Sec. 4d-17. Professional development of information technology employees.
The Chief Information Officer shall, within available appropriations, provide for the
professional development of the state's information technology employees.
(June 18 Sp. Sess. P.A. 97-9, S. 29, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Secs. 4d-18 to 4d-29. Reserved for future use.
PART II
CONTRACTS
Sec. 4d-30. Definitions. As used in this section and sections 4d-31 to 4d-44, inclusive:
(1) "Contract" means a contract for state agency information system or telecommunication system facilities, equipment or services, which is awarded pursuant to this
chapter or subsection (e) of section 1-205, subsection (c) of section 1-211, subsection
(b) of section 1-212, section 4-5, subsection (a) of section 10a-151b, subsection (a) of
section 19a-110 or subsection (b) of section 32-6i.
(2) "Contractor" means a business entity or individual who is awarded a contract
or an amendment to a contract.
(3) "Subcontractor" means a subcontractor of a contractor for work under a contract
or an amendment to a contract.
(June 18 Sp. Sess. P.A. 97-9, S. 30, 50; P.A. 00-187, S. 47, 75.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-187 made a technical change in Subdiv. (1), effective
July 1, 2000.
Sec. 4d-31. Contracts, subcontracts, amendments to include State Comptroller's specifications. Each contract, subcontract or amendment to a contract or subcontract shall include any specifications established by the State Comptroller to ensure that
all policies, procedures, processes and control systems, including hardware, software
and protocols, which are established or provided by the contractor or subcontractor,
shall be compatible with and support the state's core financial systems, including but
not limited to, accounting, payroll, time and attendance, and retirement systems.
(June 18 Sp. Sess. P.A. 97-9, S. 31, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-32. Subcontract awards. (a) No contractor shall award a subcontract for
work under a contract or for work under an amendment to a contract without the approval
of the Chief Information Officer or his designee of (1) the selection of the subcontractor
and (2) the provisions of the subcontract.
(b) Each such contractor shall file a copy of each executed subcontract or amendment to the subcontract with the Chief Information Officer, who shall maintain the
subcontract or amendment as a public record, as defined in section 1-200.
(June 18 Sp. Sess. P.A. 97-9, S. 32, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-33. "Public record" defined. For purposes of this section and sections
4d-34 to 4d-39, inclusive, "public record" means a public record, as defined in section
1-200, and also includes any recorded data or information relating to the conduct of
the public's business prepared, owned, used, received or retained by a contractor or
subcontractor for work under a contract, subcontract or amendment to a contract or
subcontract, whether such data or information be handwritten, typed, tape-recorded,
printed, photostated, photographed or recorded by any other method.
(June 18 Sp. Sess. P.A. 97-9, S. 33, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-34. Ownership rights and integrity of public records under a contract,
subcontract or amendment. (a) No contractor or subcontractor, or employee or agent
of a contractor or subcontractor, shall have any ownership rights or interest in (1) any
public records which the contractor, subcontractor, employee or agent possesses, modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract, or (2) any modifications by such contractor, subcontractor, employee or agent to
such public records.
(b) No contractor or subcontractor, or employee or agent of a contractor or subcontractor, shall impair the integrity of any public records which the contractor, subcontractor, employee or agent possesses or creates.
(c) Public records which a contractor, subcontractor, or employee or agent of a
contractor or subcontractor, possesses, modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract shall at all times and for all purposes
remain the property of the state.
(June 18 Sp. Sess. P.A. 97-9, S. 34, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-35. Application of Freedom of Information Act to public records provided to contractor or subcontractor. (a) Any public record which a state agency
provides to a contractor or subcontractor shall remain a public record for the purposes
of subsection (a) of section 1-210.
(b) With regard to any public record, the state agency and the contractor or subcontractor shall have a joint and several obligation to comply with the obligations of the
state agency under the Freedom of Information Act, as defined in section 1-200, provided
the determination of whether or not to disclose a particular record or type of record shall
be made by such state agency.
(June 18 Sp. Sess. P.A. 97-9, S. 35, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-36. Nondisclosure of public records by contractor or subcontractor.
No contractor or subcontractor, or employee or agent of a contractor or subcontractor,
shall disclose to the public any public records (1) which it possesses, modifies or creates
pursuant to a contract, subcontract or amendment to a contract or subcontract and (2)
which the state agency (A) is prohibited from disclosing pursuant to state or federal law
in all cases, (B) may disclose pursuant to state or federal law only to certain entities or
individuals or under certain conditions or (C) may withhold from disclosure pursuant
to state or federal law. No provision of this section shall be construed to prohibit any
such contractor from disclosing such public records to any of its subcontractors to carry
out the purposes of its subcontract.
(June 18 Sp. Sess. P.A. 97-9, S. 36, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: The phrase "No provision of this subsection
shall be" was changed editorially by the Revisors to "No provision of this section shall be" since this section is a section
rather than a subsection).
Sec. 4d-37. Prohibition on selling, marketing or otherwise profiting from public records. No contractor or subcontractor, or employee or agent of a contractor or
subcontractor, shall sell, market or otherwise profit from the disclosure or use of any
public records which are in its possession pursuant to a contract, subcontract or amendment to a contract or subcontract, except as authorized in the contract, subcontract or
amendment.
(June 18 Sp. Sess. P.A. 97-9, S. 37, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-38. Notice to Chief Information Officer of violations. Any contractor
or subcontractor, or employee or agent of a contractor or subcontractor, which learns
of any violation of the provisions of section 4d-36 or 4d-37 shall, no later than seven
calendar days after learning of such violation, notify the Chief Information Officer of
such violation.
(June 18 Sp. Sess. P.A. 97-9, S. 38, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-39. Remedies and penalties for violations. (a) If any person violates any
provision of section 4d-36, 4d-37 or 4d-38, the Attorney General may bring an action
against such person in the superior court for the judicial district of Hartford seeking (1)
damages on behalf of the state for such violation, (2) restitution for damages suffered
by any person as a result of the violation or (3) imposition and recovery of a civil penalty
of not more than fifty thousand dollars for the violation.
(b) In addition to the remedies under subsection (a) of this section, any person aggrieved by a violation of any provision of section 4d-36, 4d-37 or 4d-38 may bring an
action in Superior Court to recover any damages suffered as a result of such violation.
(c) In any action brought under subsection (a) or (b) of this section, the court may
(1) order disgorgement of any profits or other benefits derived as a result of a violation
of any provision of section 4d-36, 4d-37 or 4d-38, (2) award punitive damages, costs
or reasonable attorneys fees, or (3) order injunctive or other equitable relief. Proof of
public interest or public injury shall not be required in any action brought under subsection (a) or (b) of this section. No action may be brought under subsection (a) or (b) of
this section more than three years after the occurrence of such violation.
(d) Any person who knowingly and wilfully violates any provision of section 4d-36, 4d-37 or 4d-38 shall, for each such violation, be fined not more than five thousand
dollars or imprisoned not less than one year nor more than five years, or be both fined
and imprisoned.
(P.A. 88-230, S. 11, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; June 18 Sp. Sess. P.A. 97-9, S.
39, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220
authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special
acts of the 1997 regular and special sessions of the General Assembly, effective September 1, 1998).
Sec. 4d-40. General Assembly access to state agency records under contracts,
subcontracts and amendments thereto. Each contract, subcontract or amendment to
a contract or subcontract shall include provisions ensuring that the Joint Committee on
Legislative Management and each nonpartisan office of the General Assembly shall
continue to have access to state agency records that is not less than the access that said
committee and such offices have on July 1, 1997.
(June 18 Sp. Sess. P.A. 97-9, S. 40, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-41. Interagency agreement between Joint Committee on Legislative
Management and Chief Information Officer. The Joint Committee on Legislative
Management and the Chief Information Officer may, by interagency agreement, provide
for the General Assembly (1) to receive information system and telecommunication
system facilities, equipment and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts and (2) to interconnect with state agency information
systems and telecommunication systems.
(June 18 Sp. Sess. P.A. 97-9, S. 41, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-42. Interagency agreement between Chief Court Administrator and
Chief Information Officer. The Chief Court Administrator and the Chief Information
Officer may, by interagency agreement, provide for the Judicial Department (1) to receive information system and telecommunication system facilities, equipment and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts
and (2) to interconnect with state agency information systems and telecommunication
systems.
(June 18 Sp. Ses. P.A. 97-9, S. 42, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-43. Interagency agreements between constitutional officers and Chief
Information Officer. The Office of the Governor, Lieutenant Governor, Treasurer,
Attorney General, Secretary of the State or Comptroller and the Chief Information Officer may, by interagency agreement, provide for such office (1) to receive information
system and telecommunication system facilities, equipment and services pursuant to
contracts, subcontracts or amendments to contracts or subcontracts and (2) to interconnect with other state agency information systems and telecommunication systems.
(June 18 Sp. Sess. P.A. 97-9, S. 43, 50.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-44. Continuity of systems in event of expiration or termination of contract, amendment or subcontract or default of contractor or subcontractor. Each
contract, subcontract or amendment to a contract or subcontract shall include provisions
ensuring continuity of state agency information system and telecommunication system
facilities, equipment and services, in the event that work under such contract, subcontract
or amendment is transferred back to the state or transferred to a different contractor,
upon the expiration or termination of the contract, subcontract or amendment or upon
the default of the contractor or subcontractor. Such provisions shall include, but not be
limited to, (1) procedures for the orderly transfer to the state of (A) such facilities and
equipment, (B) all software created or modified pursuant to the contract, subcontract
or amendment, and (C) all public records, as defined in section 4d-33, which the contractor or subcontractor possesses or creates pursuant to such contract, subcontract or
amendment, and (2) procedures for granting former state employees who were hired by
such contractor or subcontractor the opportunity for reemployment with the state.
(June 18 Sp. Sess. P.A. 97-9, S. 44, 50; P.A. 00-66, S. 16.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-66 revised references to amendments to subcontracts.
Sec. 4d-45. Review of contracts and amendments entered into pursuant to Department of Administrative Services requests for proposals. (a) No contracts or
amendments to contracts for information system or telecommunication system facilities,
equipment or services, which are entered into by any state agency (1) pursuant to the
request for proposal issued by the Department of Administrative Services dated February 21, 1997, or (2) in the event such request for proposal is withdrawn, suspended or
superseded, pursuant to any similar request for proposal issued by the Department of
Administrative Services or the Department of Information Technology, shall be effective except as provided in this section and sections 4d-46 and 4d-47.
(b) Upon the execution of any such contract or amendment, and upon the execution
of any subsequent contract or amendment, the state agency shall promptly file the contract or amendment with the State Auditors.
(c) Not later than seventy-five days after any such contract or amendment is filed
with the State Auditors, such auditors (1) shall conduct an independent evaluation of
the contract or amendment to determine whether the provisions of the contract or amendment serve the best interests of the state, including, but not limited to, (A) efficiency,
(B) economy, (C) contractor qualifications, including, but not limited to, capacity for
performance and accountability, and (D) effective delivery of services, and (2) shall
submit a report on their findings and conclusions, and the contract or amendment, to
the General Assembly, through the clerks of the House of Representatives and the Senate. The State Auditors may, at any time before or after receipt of any such contract or
amendment, execute contracts with independent consultants for assistance in conducting
such evaluation and preparing such report.
(d) Upon receipt of a report and a contract or amendment from the State Auditors
under subsection (c) of this section, the speaker of the House of Representatives and
the president pro tempore of the Senate shall refer the report and contract or amendment
to the joint standing committees of the General Assembly having cognizance of matters
relating to appropriations and the budgets of state agencies and government administration, for their review. Such contract or amendment shall take effect forty-five days after
the State Auditors submit the report and contract or amendment to the General Assembly
unless the General Assembly rejects such contract or amendment as a whole by a three-fifths vote of either house.
(S.A. 97-21, S. 83, 106; P.A. 97-322, S. 2, 9; June 18 Sp. Sess. P.A. 97-9, S. 45, 50.)
History: S.A. 97-21, P.A. 97-322 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-46. Disqualification of potential contractors and subcontractors
which participate in Department of Administrative Services requests for proposals
process. (a) No business entity or individual shall be awarded a contract or amendment
to a contract which is subject to the provisions of section 4d-45, if the business entity
or individual directly or indirectly participates in any of the following activities on behalf
of the state concerning such contract or amendment or any other contract or amendment
to a contract for state agency information system or telecommunication system facilities,
equipment or services: Preparation of the request for information or request for proposals, development of bid specifications or proposal requirements, evaluation of bids or
proposals, or negotiations with potential contractors.
(b) No business entity or individual who is awarded any such contract or amendment
may award a subcontract for any work under such contract or amendment to any business
entity or individual who has participated in any of such activities listed in subsection
(a) of this section.
(S.A. 97-21, S. 84, 106; June 18 Sp. Sess. P.A. 97-9, S. 46, 50.)
History: S.A. 97-21 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.
Sec. 4d-47. Hiring of state employees by contractors and subcontractors. With
respect to any state employee whose position is eliminated or who is laid off as a result
of any contract or amendment to a contract which is subject to the provisions of this
chapter and subsection (e) of section 1-205, subsection (c) of section 1-211, subsection
(b) of section 1-212, section 4-5, 4a-50, 4a-51, subsection (b) of section 4a-57, subsection (a) of section 10a-151b, subsection (a) of section 19a-110 or subsection (b) of
section 32-6i, or any subcontract for work under such contract or amendment, (1) the
contractor shall hire the employee, upon application by the employee, unless the employee is hired by a subcontractor of the contractor, or (2) the employee may transfer
to any vacant position in state service for which such employee is qualified, to the extent
allowed under the provisions of existing collectively bargained agreements and the general statutes. If the contractor or any such subcontractor hires any such state employee
and does not provide the employee with fringe benefits which are equivalent to, or
greater than, the fringe benefits that the employee would have received in state service,
the state shall, for two years after the employee terminates from state service, provide
to the employee either (A) the same benefits that such employee received from the state,
or (B) compensation in an amount which represents the difference in the value of the
fringe benefits that such employee received when in state service and the fringe benefits
that such employee receives from the contractor or subcontractor.
(S.A. 97-21, S. 85, 106; June 18 Sp. Sess. P.A. 97-9, S. 47, 50; P.A. 99-161, S. 7, 11; P.A. 00-187, S. 48, 75; P.A. 01-173, S. 2, 67.)
History: S.A. 97-21 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 99-161 made a technical change,
effective July 1, 1999; P.A. 00-187 made a technical change, effective July 1, 2000; P.A. 01-173 made technical changes
for the purposes of gender neutrality, effective July 1, 2001.
Sec. 4d-48. Disqualification of potential contractors and subcontractors for
past nonperformance. No contract or subcontract for state agency information system
or telecommunication system facilities, equipment or services may be awarded to any
business entity or individual pursuant to this chapter or subsection (e) of section 1-205,
subsection (c) of section 1-211, subsection (b) of section 1-212, section 4-5, subsection
(a) of section 10a-151b, subsection (a) of section 19a-110 or subsection (b) of section
32-6i if such business entity or individual previously had a contract with the state or
a state agency to provide information system or telecommunication system facilities,
equipment or services and such prior contract was finally terminated by the state or a
state agency within the previous five years for the reason that such business entity or
individual failed to perform or otherwise breached a material obligation of the contract
related to information system or telecommunication system facilities, equipment or
services. If the termination of any such previous contract is contested in an arbitration
or judicial proceeding, the termination shall not be final until the conclusion of such
arbitration or judicial proceeding. If the fact-finder determines, or a settlement stipulates,
that the contractor failed to perform or otherwise breached a material obligation of the
contract related to information system or telecommunication system facilities, equipment or services, any award of a contract pursuant to said chapter or sections during the
pendency of such arbitration or proceeding shall be rescinded and the bar provided in
this section shall apply to such business entity or individual.
(June 18 Sp. Sess. P.A. 97-9, S. 48, 50; P.A. 00-187, S. 49, 75.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-187 made a technical change, effective July 1, 2000.