Supplier Diversity Training for Managers and Administrators

View the PowerPoint presentation or read below.

What is a Connecticut Small Business?

• Principal place of business must be the state of Connecticut.
• Be in business for one year.
• Gross revenue must not exceed $10 million.
• 51 percent of ownership must exercise operational authority of daily affairs of the business.

What is a Minority Owned Enterprise?

51 percent of capital stock or assets are owned by person or persons who:

• Exercise operational control of business.
• Receive financial benefits of company.
• Are members of a minority or an individual with a disability as defined by state statute.

"Individual with a disability" means

An individual:

• Having a physical impairment that substantially limits one or more of the major life activities of the individual or having a record of such an impairment.

Contracting Responsibilities

• Contractor Responsibilities.
• State Department of Administrative Services.
• Commission on Human Rights and Opportunities.
• UConn Health Center's Responsibilities.
• Manager and Administrator Responsibilities.

Contractor Responsibilities

Non-discrimination and Affirmative Action Contract Provisions

• Not discriminate against any person or group.
• State contractor is an “Affirmative Action-Equal Opportunity Employer“ in employment advertisements.
• Give labor union or worker representative(s) notice of CGA 4a-60 provisions.
• Comply with provision of 46a-56, 46a-68, and 46a-68f.
• Provide information to CHRO as requested.
• Make “good faith efforts” to employ minority-owned businesses for Public Works contracts.

Non-discrimination on Basis of Sexual Orientation

• Not discriminate against any person or group on grounds of sexual orientation.
• State contractor is an “Affirmative Action-Equal Opportunity Employer“ in employment advertisements.
• Treat employees equally without regard to sexual orientation.

Contractors required to file affirmative action plan. Certificate of Compliance by commission. Revocation.

• Plan must be filed when state contractor employs more than 50 employees and the contract value ≥ $50,000.
• A Certificate of Compliance (two year eligibility to bid on state contracts).
• Commission may revoke certificate if contractor does not implement affirmative action plan.

Public works contracts subject to affirmative action requirements. Conditional acceptance by commission. Advance filing of plan.

• State shall withhold 2 percent of total contract price until such time as the commission approves the plan.
• Plans may be submitted in advance or with bid submittal or within 10 days of receiving a formal contract.
  
• Commission shall review plans within 60 days.
• Upon plan approval, commission issues a Certificate of Compliance.
• Contractors must file an affirmative action plan for public works contract ≥ $50,000.
• Commission may provide conditional acceptance of plan provided contractor gives assurances that it will amend plan to conform to contract requirements.

State Department of Administrative Services

• Certification of businesses: small, minority-owned, or persons with disabilities.
• Monitor and compile agency reports and goals.
• Prepare reports for the legislature.

Commission on Human Rights and Opportunities

• Monitor achievement agency goals.
• Review and approve program exemptions.
• Monitor contract compliance.
  • Review and approve contractor affirmative action plans ($50,000).
  • Enforce contract set-aside goals (25 percent small business/6.25 percent minority-owned).

UConn Health Center Responsibilities

Set-Aside Programs for Small Contractors, Minority Business Enterprises, Individuals with Disabilities, and Non Profit Corporations

• Each state agency must prepare an annual small business report. Report must be submitted to:
  • Commissioner of Department of Administrative Services.
  • Commission on Human Rights and Opportunities.
  • Co chairpersons of legislative committees having program oversight.

• 25 percent of total contract value shall be set aside for small business.
• 6.25 percent of total contract value shall be set aside for minority business enterprises.
• Not less than 15 percent of work must be done with contractor workforces.
• 25 percent or more of work must be done by contractors or subcontractors eligible under 4a-60g.
• Awarding authority may require: Certificate of Incorporation, limited partnership, partnership, federal income tax returns, purchase or lease of property or equipment from ineligible contractor or subcontractor or other organizational documents.

Prohibition regarding contractors who have not satisfactorily complied with affirmative action requirements

• State agency may not contract with any bidder or prospective contractor who has not complied with the provisions of 4a-60, 4a-60g, 46a-56, 46a-68c to 46a-68f or submitted an affirmative action plan acceptable to the commission.

Obligations of Awarding Agencies

• Check Connecticut Law Journal to ensure contractor has not been issued a notice of non-compliance.
• Monitor contract subcontractors and suppliers for certification under the state small business program.
• Comply with federal and state anti-discrimination laws and regulations. If required, file an affirmative action plan with the commission.
• Maintain contract record for two years.
• Cooperate fully with the commission in all matters.
• Use CHRO Notification to Bidders form in contracting.
• Aggressively solicit the participation of minority business enterprises.
• Report all CGS 4a-60g compliance small business efforts as part of agency’s overall affirmative action plan.

Notification of Contract Award by Awarding Agency

• Agency must notify the commission within 10 days of the date of contract award.
• Contracts for supplies, equipment and services ≥ $3,000 must be reported to the commission.
• Leases ≥ $4,000 must be reported to the commission.
• Failure to comply shall be deemed a failure to cooperate with the commission.

Manager and Administrator Responsibilities

• At recognition of need, contact UConn Health Center Purchasing and Supply Chain Services for assistance – An experienced professional is available to assist you in sourcing supplies, equipment or contractual services.
• Consider small contractors, minority business enterprises, or individuals with disabilities first.
• Communicate small business program to staff. Keep the program alive and well.
• The UConn Health Center Affirmative Action Plan is our collective responsibility.
• Take affirmative action in contracting.