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Criminal Jury Instructions

Criminal Jury Instructions Home

4.1-8  Disclosure of Bid or Proposal -- § 53a-161b

Revised to December 1, 2007

The defendant is charged [in count ___] with disclosure of a bid or proposal.  The statute defining this offense reads in pertinent part as follows: 

unless otherwise required by law, the prices quoted in a (bid / proposal) for any contract to be awarded by any (commission, agency or department / political subdivision) of the state shall not be disclosed by the (bidder / offeror) prior to the (opening of a bid / the award of a proposal), directly or indirectly to any (other bidder / other offeror / competitor).

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - Bidder/Offeror
The first element is that the defendant was a[n] (bidder / offeror) for a contract to be awarded by any (commission, agency or department of the state / political subdivision) of the state.  <Insert the applicable definitions:>

  • "Bidder" means a person, firm or corporation submitting a competitive bid in response to a solicitation.1

  • "Offeror" means a person, firm or corporation submitting a proposal in response to a request for proposals.2

  • A "commission, agency or department of the state" includes any commission, agency, department, officer, board, council, institution or other agency of the state government.3

  • A  "political subdivision of the state" means any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of this state.4

A ("bid" / "proposal") means the submission of prices by persons, firms or corporations competing for a contract to provide buildings, facilities, supplies, materials, equipment, contractual services or any other facilities, goods or services.5 

Element 2 - Disclosed prices
The second element is that the defendant, either directly or indirectly, disclosed the prices quoted in (his/her) (bid / proposal) to another (bidder / offeror / competitor) for the contract. 

Element 3 - Prior to award
The third element is that the disclosure was made prior to the (opening of the bid / the award of the proposal) by the commission, agency or department.  <Insert the applicable definitions:>

  • "Opening" means the public opening of a bid at the time stated in the notice soliciting such bid.6

  • "Awarding" means the decision by the (commission, agency or department of the state / political subdivision) to offer a contract to a[n] (bidder / offeror).

Element 4 - Intent to disclose
The fourth element is that the defendant intended to make the disclosure to another (bidder / offeror / competitor).  The state need only prove that the defendant intentionally and not inadvertently or accidentally engaged in (his/her) actions, i.e., to make the disclosure.  It does not matter what the result of the disclosure was.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.> 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was a[n]  (bidder / offeror) for a contract to be awarded by any (commission, agency or department of the state / political subdivision) of the state, 2) the defendant, either directly or indirectly, disclosed the prices quoted in (his/her) (bid / proposal) to another (bidder / offeror / competitor) for the contract, 3) the disclosure was made prior to the (opening of the bid / the award of the proposal) by the (commission / agency / department), and 4) the defendant intended to make the disclosure to another (bidder / offeror / competitor).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of disclosure of a bid, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 General Statutes § 4a-50 (6).

2 General Statutes § 4a-50 (7).

3  General Statutes § 4a-50 (1).

4 General Statutes § 1-200 (1) (A).

5 General Statutes § 4a-50 (4).

6 General Statutes § 2-71p (b) (2).

Commentary

This statute "was intended to penalize collusion among contractors seeking state or municipal contracts and not the corrupt public official."  State v. Rado, 14 Conn. App. 322, 330, cert. denied, 208 Conn. 813, cert. denied, 488 U.S. 927, 109 S.Ct. 311, 102 L.Ed.2d 330 (1988).
 


 

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