CHRO_ChecklistforMunicipalities.pdf

REV20240311

State of Connecticut

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

Contract Compliance Unit – 450 Columbus Blvd., Suite 2, Hartford, CT 06103

Promoting Equality and Justice for all People

CHRO CONTRACT COMPLIANCE CHECKLIST FOR MUNICIPALITIES

1. ☐ Determine whether the project involves the “construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property.” Conn. Gen. Stat. § 4a-60g(a)(14).

a. ☐ If it is unclear whether the definition in Step 1 applies to the project, contact the

CHRO via email. Include an explanation of the project and copies of any relevant materials.

2. ☐ Determine whether the project will be “financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.” Conn.

Gen. Stat. § 4a-60g(a)(14).

3. ☐ Determine whether the municipality will be passing through the funds to another entity.

a. ☐ If so, contact the CHRO via email.

4. ☐ Determine the project delivery system.

a. ☐ If design-bid-build (DBB) with one prime contractor, continue to Step 5.

b. ☐ If construction management at risk (CMR), construction management as advisor/agent (CMa), or other, please contact the CHRO via email, then continue to Step 5. No response is needed from the CHRO.

5. ☐ Determine whether the project will be selecting a contractor off a contract awarded by the

Connecticut Department of Administrative Services. If so, proceed to Step 12.

6. ☐ Determine whether the project is eligible for the CHRO’s Street Paving Limited

Exemption. If the project is eligible and the limited exemption desired, email the CHRO the completed limited exemption request form.

7. ☐ Include the CHRO language in the procurement materials.

a. ☐ Include the language in the bid notice/legal notice/etc.

b. ☐ Include the language in the project manual’s front-end materials.

c. ☐ Use the single-sentence version for any printed advertisements.

8. ☐ “[A]ggressively solicit the participation of legitimate minority business enterprises as bidders, contractors, subcontractors and suppliers of materials.” Regs., Conn. State

Agencies § 46a-68j-30(9).

9. ☐ Require that bid submissions include a fully completed Notification to Bidders/Contract

Compliance Monitoring Report. (Note: this form is not a substitute for the contractor’s Set-

Aside Plan or Affirmative Action Plan.)

mailto:james.murray@ct.gov;alvin.bingham@ct.gov?subject=Contract%20Compliance%20-%20Project%20Clarification%20Requested mailto:james.murray@ct.gov;alvin.bingham@ct.gov?subject=Contract%20Compliance%20-%20Project%20Clarification%20Requested mailto:alvin.bingham@ct.gov;%20james.murray@ct.gov?subject=TOWN%20NAME%20-%20PROJECT%20NAME%20(STATE%20PROJECT%20NUMBER)%20-%20Expected%20Pass-through%20Funding mailto:alvin.bingham@ct.gov;%20james.murray@ct.gov?subject=TOWN%20NAME%20-%20PROJECT%20NAME%20(STATE%20PROJECT%20NUMBER)%20-%20Non-GC%20Project https://portal.ct.gov/CHRO/Contract-Compliance/Contract-Compliance/Contract-Compliance-Forms-and-Reports https://portal.ct.gov/CHRO/Contract-Compliance/Contract-Compliance/Contract-Compliance-Forms-and-Reports mailto:chro.awardnotification@ct.gov;%20tanya.hughes@ct.gov?subject=Street%20Paving%20Limited%20Exemption%20Request https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO---Bid-Langauge.pdf https://portal.ct.gov/-/media/CHRO/CC-Documents/NotificationtoBidderspdf.pdf https://portal.ct.gov/-/media/CHRO/CC-Documents/NotificationtoBidderspdf.pdf

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

10. ☐ Screen bids.

a. ☐ Verify that the bidder has fully completed the Notification to Bidders/Contract

Compliance Monitoring Report (including Section III).

b. ☐ “[C]onsider, as bearing upon the responsibility and qualification of a bidder to meet its contract compliance requirements, the following factors:

(A) the bidder’s success in implementing an affirmative action plan; […]

(C) the bidder’s promise to develop and implement a successful affirmative action plan;

(D) the bidder’s submission of EEO-1 data indicating that the composition of its work force is at or near parity when compared to the racial and sexual composition of the work force in the relevant labor market area;

and

(E) the bidder’s promise to set aside a portion of the contract for legitimate minority business enterprises.” Regs., Conn. State Agencies § 46a-68j-

30 (10).

c. ☐ Check whether the bidder has been debarred.

11. ☐ Include the required Non-Discrimination and Affirmative Action Provisions in the contract to be executed.

12. ☐ Select bidder.

13. ☐ Be aware that a “[i]n lieu of a performance, bid, labor and materials or other required bond, a contractor or subcontractor awarded a contract […] may provide a letter of credit. Any such letter of credit shall be in an amount equal to ten per cent of the contract for any contract that is less than one hundred thousand dollars and in an amount equal to twenty-five per cent of the contract for any contract that exceeds one hundred thousand dollars.”

Conn. Gen. Stat. § 4a-60g(i).

14. [If the State funding is $1,000,000 or more]

a. ☐ Email the selected contractor an Intent to Award Contract letter.

b. ☐ Email CHRO.AwardNotification@ct.gov a copy of the Intent to Award Contract, as well as a completed Request to Execute Contract, which should be on municipal letterhead.

i. ☐ [If notification was sent in Step 4.b.] In the body of the email, also confirm that an alternative project delivery system is being used. Attach a copy of the email that was sent in Step 4.b.

c. ☐ Receive a reply authorizing execution of the contract.

15. ☐ Execute the contract.

https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO--Contract-Language--Municipal--QuasiPublic.pdf https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO---Intent-to-Award-Contract-Letter.docx mailto:CHRO.AwardNotification@ct.gov https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO---Request-to-Execute-Contact.docx

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

16. ☐ [If the State funding is $50,000–$999,999.99] Within ten days, email the Notification of

Contract Award for Municipalities to CHRO.AwardNotification@ct.gov.

a. ☐ [If notification was sent in Step 4.b.] In the body of the email, confirm that an alternative project delivery system is being used. Attach a copy of the email that was sent in Step 4.b.

17. ☐ [If the State funding is $1,000,000 or more] Retain two per cent of each payment made to the contractor until the contractor’s Affirmative Action Plan (“AAP”) has been approved by the CHRO. The town’s designated representative(s) will be copied on the CHRO’s emailed correspondence with and notifications to the contractor.

18. ☐ Ensure that, within thirty days, the contractor submits its Plan1 to the CHRO.

19. ☐ Retain relevant records and maintain full and adequate support data.

20. ☐ Monitor contract work to ensure full compliance with all federal and state antidiscrimination laws and regulations. Carefully monitor the contractor’s selection of subcontractors and suppliers of materials to ensure compliance. (This 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 CHRO.)

21. ☐ Prior to closing the project, ensure that the contractor’s Plan has been approved by the

CHRO.

1 State funding of $50,000–$999,999.99 → Set-Aside Plan

State funding of $1,000,000 or more → Affirmative Action Plan https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO---Notification-of-Contract-Award-for-Municipalities.docx https://portal.ct.gov/-/media/CHRO/CC-Documents/Forms/CHRO---Notification-of-Contract-Award-for-Municipalities.docx mailto:CHRO.AwardNotification@ct.gov

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

Step Date Completed N/A Notes

1. a. ☐

3 ☐

3. a. ☐

4.

4. a. ☐

4. b. ☐

7. a.

7. b.

7. c.

10. a.

10. b.

10. c.

14. a. ☐

14. b. ☐

14. b. i. ☐

14. c. ☐

16 ☐

16. a. ☐

17 ☐