State and municipal public works contracts and quasi-public agency project contracts subject to affirmative action plan requirements. Withholding of percentage of contract price. Review and approval of plan by executive director or designee. Certificate of compliance issued by executive director or designee.

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In addition to the provisions of section 4a-60, every public works contract, municipal public works contract or contract for a quasi-public agency project subject to the provisions of part II of chapter 60 shall also be subject to the provisions of this section. After a bid has been accepted but before a contract is awarded, the successful bidder shall file with and have obtained the approval of the executive director or the executive director's designee for an affirmative action plan. The executive director or the executive director's designee may provide for conditional acceptance of an affirmative action plan provided written assurances are given by the contractor that it will amend its plan to conform to affirmative action requirements. In the case of a public works contract, the state shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan, and received the approval of the executive director or the executive director's designee. In the case of a municipal public works contract or contract for a quasi-public agency project, the municipality or entity, as applicable, shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan and received the approval of the commission. Notwithstanding the provisions of this section, a contractor subject to the provisions of this section may file a plan in advance of or at the same time as its bid. The executive director or the executive director's designee shall review plans submitted pursuant to this section within sixty days of receipt and either approve, approve with conditions or reject such plan. When the executive director or the executive director's designee approves an affirmative action plan pursuant to this section, the executive director or the executive director's designee shall issue a certificate of compliance to the contractor as provided in section 46a-68c.

(P.A. 88-351, S. 4, 16; P.A. 89-253, S. 4, 7; June Sp. Sess. P.A. 15-5, S. 68; P.A. 19-94, S. 2.)

History: P.A. 88-351, S. 4 effective April 1, 1989; P.A. 89-253 changed reference to Sec. 4-114a to 4a-60 and added provision requiring commission to issue certificate of compliance upon approval of affirmative action plan; June Sp. Sess. P.A. 15-5 added references to municipal public works contracts and quasi-public agency project contracts, added provision re municipality or entity to withhold 2 per cent of the contract price per month in the case of municipal public works contracts or quasi-public agency project contracts until a plan is approved, and made a technical change; P.A. 19-94 replaced references to commission with references to executive director or the executive director's designee re review and approval of affirmative action plan and the issuance of a certificate of compliance.


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