An Act To Clarify the Work Center Purchases Committee Requirements for Work Centers and Competitive Bidding
Maine Legislature, Session 121, LD 1504
Committee: State and Local Government
Sponsors: McLAUGHLIN, ROTUNDO, WESTON
Amends: 5 MRSA §1826-A, 5 MRSA §1826-B, 5 MRSA §1826-C

Legislative Document 
No. 1504 
H.P.1097 
House of Representati ves, April 1, 2003 
An Act To Clarify the Work Center Purchases Committee 
Requirements for Work Centers and Competitive Bidding 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
'/Jf~ 
/J1.11l.u;~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Cosponsored by Senator ROTUNDO of Androscoggin and 
Senator: WESTON of Waldo. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1826-A, as corrected by RR 2001, c. 1, §9, is 
amended to read: 
§1826-A. Purpose and intent 
The Legislature finds that the goal of integrating disa~led 
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 transitional employment for 
the State's disabled population and for some, such as the most 
severely disabled persons, they may offer the only opportunities 
available for long-term, gainful employment. 
In order to assure continued opportunities 
for 
disa~led 
persons with disabilities to obtain this employment through work 
centers, it is the intent of the Legislature to provide reliable 
and steady income and job opportunities to work centers. It is 
the purpose of this section and sections l826-B to l826-D to 
ensure that some portion of state purchases for commodities and 
services be available to work centers. 
Sec. 2. 5 MRSA §1826-B, sub-§I, as enacted by PL 1985, c. 359, 
§3, is repealed and the following enacted in its place: 
1. 
Persons with disabilities. 
"Persons with disabilities" 
means individuals who have physical or mental impairments that 
substantially limit one or more major life activities, have a 
record of 
those 
impairments 
or 
are perceived to 
have 
those 
impairments. 
Sec. 3. 5 MRSA §1826-B, sub-§2; ,C, as enacted by PL 1985, c. 
359, §3, is amended to read: 
c. 
Employs during the fiscal year in commodity production 
or service provision disa~led persons with disabilities at a 
quota of not less than 66% of the total hours of direct 
labor on all production, whether or not government related; 
and 
Sec. 4. 5 MRSA §1826-B, sub-§2,,n, as amended by PL 1999, c. 
543, §l, is further amended to read: 
D. 
Has, 
9E 
is 
part 
ofT 
or 
demonstrates 
a 
formal 
relationship for support with an ongoing placement program 
that includes at least preadmission evaluation and annual 
review to determine each worker's capability for 
normal 
competitive employment and maintenance of liaison with the 
Page l-LR1974(1) 
appropriate 
community services 
for 
the placement in the 
employment of any of its workers who may qualify for that 
placement. 
Sec. 5. 5 MRSA §1826-C, sub-§l, as amended by PL 1999, c. 543, 
§2 and PL 2001, c. 354, §3, is further amended to read: 
1. 
Coomittee established. 
There is established the Work 
Center Purchases Committee, consisting of the Stoatoe--P-I:U'-e-aa&iH'§J 
A'§JeHto 
Director of the Bureau of General Services within the 
Department 
of 
Administrative 
and 
Financial 
Services 
or 
the 
director's designee, the Director of the Bureau of Rehabilitation 
Services within the Department of Labor, a representative of the 
Department 
of 
Behavioral 
and 
Developmental 
Services, 
a 
representative of work centers, a representative of the business 
community and persons with disabilities. 
The total number of 
members with disabilities on the committee must be a minimum of 5. 
Sec. 6. 5 MRSA §1826-C, sub-§3, ,C, as enacted by PL 1985, c. 
359, §3, is amended to read: 
C. 
Aware. Develop procedures to be used in the award and 
extension of contracts, pursuant to subsection 6; 
Sec. 7. 5 MRSA §1826-C, sub-§3, ,D, as enacted by PL 1985, c. 
359, §3, is repealed and the following enacted in its place: 
D. 
Incorporate 
the 
Department 
of 
Administrative 
Financial Services, 
Bureau of General 
Services 
rules 
appeal of contract awards to resolve disputes related 
Work Center Purchases Committee decisions; 
and 
of 
to 
Sec. 8. 5 MRS A §1826-C, sub-§5, as amended by PL 1991, c. 515, 
§2, is further amended to read: 
5. 
Competitive 
bidding. 
The 
Work 
Center 
Purchases 
Committee shall develop procedures for competitive bidding by 
eligible work centers only for products and services identified 
on the work center purchase schedule. If no bid is received from 
a work center for any product or service on the schedule, the 
Stoa~e-P~reRasiH'§J-A'§JeHto Director of the Bureau of General Services 
within the Department of Administrative and Financial Services 
shall confer with the Department of Corrections to determine 
whether the Department of Corrections is able to provide the 
product or service at a fair price. 
If the Stoatoe--P-1*F-e-aasiH'§J 
A'§JeHto 
Director 
of 
the 
Bureau 
of 
General 
Services 
and 
the 
Department of Corrections do not come to agreement, the product 
or service must be put out to general bid by the Stoatoe-P~FeRa6iH'§J 
A'§JeHto Director of the Bureau of General Services, in accordance 
wi th standard rules and procedures. If only one work center bid 
is received, 
the committee shall review the bid and make 
a 
determination regarding the fairness of the price and terms of 
the proposed contract. If the committee determines that the work 
center may not be awarded this bid, the St::at::e--Fut--ohas-i-nq--AljeBt:: 
Director of the Bureau of General Services shall confer with the 
Department of Corrections to determine whether the Department of 
Corrections is able to provide the product or service at a fair 
pr ice. 
If the St::at::e--P-ur-ohas-i-nq--A!jeBt:: Director of the Bureau of 
General Services and the Department of Corrections do not come to 
agreement, the contract must be offered for standard competitive 
bid by the 
St::a1:e-...f4H--oha&.i~-AljeBt:: Director of the Bureau of 
General Services in accordance with standard rules and procedures. 
SUMMARY 
This bill clarifies the Work 
Center Purchases 
Committee 
requirements for work Centers and competitive bidding.