Conn. Crim. Jury Instr. 4.1-8

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.

• “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.

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.

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.

• “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.

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).