Title 5, Title 5

1. Activities. All state agencies shall, to the maximum extent practical and consistent with sound environmental practices, use composted and recycled organic materials and reclaimed soil and residuals in the following activities: A. All land maintenance activities that are paid …

The Office of Procurement Services shall coordinate with the Department of Transportation, the Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection to develop a central database of information including, but not limited to, procureme…

Except for cars and light duty trucks purchased for law enforcement and other special use purposes as designated by the Chief Procurement Officer, the Chief Procurement Officer may not purchase or lease any car or light duty truck for use by the State or any department or agency …

The purchase and installation of faucets, shower heads, toilets and urinals is subject to section 1762‑A.

A hotel, motel or other establishment that provides lodging may directly bill a state agency in connection with a state employee who travels on state business. A state agency may use a purchase order to procure lodging.

The Director of the Bureau of General Services, with the approval of the Commissioner of Administrative and Financial Services, may adopt, modify or abrogate rules for the following purposes: [PL 1991, c. 780, Pt. Y, §68 (AMD).] 1. Direct purchases. Authorizing any state departme…

The Director of the Bureau of General Services shall make cost-savings information for the award winners of all competitively bid contracts for services for the State available through the department's publicly accessible site on the Internet. For a contract with a new contractor…

Except as otherwise provided in chapters 141 to 154 and this chapter and the rules and regulations adopted under those chapters and this chapter, services, supplies, materials and equipment may be purchased by or furnished to the State or any department or agency thereof only upo…

1. Conditions; general. Except for contracts requiring specific legislative approval, personal services contracting is permissible when any one of the following conditions is met. A. The services contracted are not currently available within a state agency, can not be performed s…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Agency" means a state agency as defined in section 1552, subsection 6, but does not include the quasi-independent state entities listed in section…

When the Revisor of Statutes has prepared material for a revision of the entire statutes of the State, the revisor shall deliver the revision prepared for printing to the Chief Procurement Officer, who shall contract for the printing, binding and delivery to the State of a suffic…

Supplies, materials and equipment purchased or contracted for by the Chief Procurement Officer must be delivered by the officer or by the contractor to the department or agency by which or for whom the same are to be used from time to time as required.

Whenever any department or agency of the State, pursuant to chapters 141 to 154 and this chapter and rules and regulations adopted under those chapters and this chapter applying to the purchase of services, supplies, materials or equipment through the Chief Procurement Officer, c…

Any motor vehicle sold by the State shall be sold to the highest bidder. Specific terms of delivery and terms of interim usage prior to delivery shall be stated to the prospective purchaser prior to the time that the State accepts any bid, and such terms shall be complied with by…

1. Fund. The Statewide Capital Equipment Fund, referred to in this section as "the fund," is established as a program account in the General Fund within the Department of Administrative and Financial Services to provide a source of funding for the purchase of items of capital equ…

The State Procurement Review Committee, referred to in this section as "the committee," is established to oversee, subject to the provisions of section 1825‑B, subsection 2, the purchase of services subject to this chapter that cost $1,000,000 or more. The purchase of services th…

All state agencies, except the Department of Transportation, are prohibited from purchasing what is normally classified as heavy equipment not previously authorized by the Legislature through the budget process, without prior written authorization from the Commissioner of Adminis…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 785, §2 (NEW).] 1. Aggrieved person. "Aggrieved person" means any person who bids on a contract or grant and who is adversely affected, financially, p…

1. Purchases by competitive bidding. The Director of the Bureau of General Services shall purchase collectively all goods and services for the State or any department or agency of the State in a manner that best secures the greatest possible economy consistent with the required g…

The Chief Procurement Officer shall adopt rules under this subchapter governing the purchase of services, the awarding of grants or contracts and the procedure by which aggrieved persons may appeal award decisions made by a department or agency of State Government. These rules mu…

The Chief Procurement Officer shall make the public aware of contracts and grants for which bids are being requested and the procedure to be used in reviewing bids. Rules adopted under this subchapter must include a clear procedure: [PL 2023, c. 516, Pt. B, §24 (AMD).] 1. Notice.…

The Director of the Bureau of General Services shall ensure that every department or agency of State Government affords aggrieved persons an opportunity to appeal a contract or grant award decision. As provided by this section, rules adopted under this subchapter must establish c…

Decisions made by an appeal committee under section 1825‑E, subsection 3 constitute final agency action on the petitioner's appeal for the purposes of judicial review under chapter 375, subchapter 7. The Chief Procurement Officer shall notify a petitioner of a final agency action…

Failure or refusal of the Chief Procurement Officer to adopt rules under this subchapter is sufficient grounds for an aggrieved person to request judicial review of agency rulemaking pursuant to section 8058. In the event that a judicial declaration of an invalid rule is made und…

The Chief Procurement Officer shall adopt rules implementing this subchapter no later than January 1, 1991.

While under contract or working pursuant to a grant with the State, a consultant may use state facilities and state property only for the project or projects to which a contract or grant applies.

When a state agency enters into a contract or grant with a nongovernmental entity, and the contract or grant includes a report to the agency, the contract or grant must require that the report be in writing or in another reproducible nontransitory medium and be submitted to the a…

1. Application. This subchapter applies to competitive bids for sale of apparel, footwear or textiles pursuant to subchapter 1‑A. 2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Code of condu…

1. Statement of belief; protection of local interests. The affidavit provided by the Chief Procurement Officer to bidders for contracts to provide goods covered by this subchapter must include a copy of the following statement: "Maine is a state that believes employers should fai…

The Chief Procurement Officer may accept and award a bid to a supplier who has not met the requirements provided in section 1825‑K if, after reasonable investigation by the Chief Procurement Officer, it appears that the required unit or item of supply or brand of that unit or ite…

The Chief Procurement Officer shall provide to bidders and contractors resources to assist with compliance with the state purchasing code of conduct established in this subchapter. These resources must include a list, easily accessed by the public, of bidders and vendors who have…

The Chief Procurement Officer shall adopt rules under this subchapter governing the award of bids. Those rules must include specific guidelines for vendors to follow in order to comply with the state purchasing code of conduct and criteria for seeking disclosure of names and addr…

By January 15th of each year, the Chief Procurement Officer shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters concerning the administrative and fiscal impact of the requirement that vendors comply …

1. Complaints alleging noncompliance. The Chief Procurement Officer shall initiate an investigation to determine whether a violation of the code of conduct has occurred if: A. The Chief Procurement Officer has independent knowledge that a contractor or a supplier at the point of …

1. Relevant information. In making a determination of whether a violation of the code of conduct has occurred, the Chief Procurement Officer may take into account any factors, information, sources of information and materials determined reliable and relevant by the Chief Procurem…

1. Action by Chief Procurement Officer. Upon determination of a violation of the code of conduct by a contractor or contractor's supplier at the point of assembly of goods covered by this subchapter, the State, through the Chief Procurement Officer, shall inform the contractor an…

The Legislature finds that the goal of integrating persons with disabilities into all aspects of community life is enhanced by providing expanded markets for products and services of work centers. The Legislature further believes that work centers provide a valuable means of tran…

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 359, §3 (NEW).] 1. Persons with disabilities. "Persons with disabilities" means individuals who have physical or mental impairments that substantially…

1. Committee established. 2. Appointments; terms; compensation. 3. Powers and duties. 4. Work center purchases schedule. The director shall develop and use a work center purchases schedule. The director shall: A. Identify and develop a list of all products and services purchased …