An Act To Clarify Prequalification Criteria for Public Improvements
Maine Legislature, Session 121, LD 1783
Committee: State and Local Government
Sponsors: McLAUGHLIN
Amends: 5 MRSA §1747, 5 MRSA §1749

Legislative Document 
No. 1783 
H.P.1305 
House of Representatives, December 22, 2003 
An Act To Clarify Prequalification Criteria for Public 
Improvements 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
17/~ 
/J7.7IldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McLAUGHLIN of Cape Elizabeth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1747, sub-§3, as amended by PL 2001, c. 271, 
§2, is further amended to read: 
3. 
Insufficient resources. 
If, 
in the opinion of 
the 
director, 
there 
is 
evidence 
the 
contractor 
does 
not 
have 
sufficient resources 
to 
successfully complete 
the work. 
The 
director 
may 
require 
additional 
information 
about 
the 
contractor's resources, including identification of major claims 
or litigation pending 
and whether 
the contractor 
has 
sought 
protection under the bankruptcy laws in the past 5 years. 
That 
information is confidential and not subject to disclosure under 
Title 1, chapter 13, subchapter If 1. 
For the purposes of this 
subsection, "resources" means financial capacity, legal capacity, 
bonding capacity and relevant experience of the contractor at the 
time of qualification with 
a 
project of the size, 
type 
and 
schedule for which prebid qualification is sought. 
A project's 
"size" 
refers 
to 
both its 
square 
footage 
and 
the 
cost 
of 
construction. 
A project's "type" includes unique functions or 
characteristics integrated into the project, 
such as building 
systems or the ultimate use to which the public improvement will 
be put, such as schooL hospitaL correctional institution or 
similar improvements, or inVOlving a specialized tYI?e of work, 
such as demolition, earthwork or blasting: 
Sec. 2.5 MRSA §1749. first~. as amended by PL 1991, c. 780, 
Pt. Y, §60, is further amended to read: 
Any contractor dissatisfied with the Director of the Bureau 
of General Services' decision under section 1747 may appeal the 
decision to the 
Commissioner of Administrative 
and Financial 
Services within 5 calendar days of the receipt of notice from the 
director that the con'tractor has been excluded from receiving 
plans and specifications or the director has refused to accept 
the contractor's bid. 
The appeal process must be conducted at 
the discretion of the commissioner, but must be completed and a 
final 
decision 
rendered 
within 
calendar 
days 
after 
the 
contractor's written notice of appeal unless extended by the 
commissioner. 
The decision of the commissioner 
1S 
final 
and 
binding, 
notwithstanding 
the 
provisions 
of 
chapter 
375, 
subchapter 7. 
Any contractor who requests a hearing under this 
section must be allowed to receive plans and specifications for a 
particular duly adver1:ised public improvement and bid on that 
improvement. 
The bid of any contractor submitted under this 
section may be disallowed upon final decision of the commissioner. 
SUMMARY 
This 
bill 
clarifies 
the 
definition 
of 
"resources" by incorporating financial capacity, 
bonding capacity and relevant prior experience 
prebid qualification with projects of similar 
schedule. 
The bill further clarifies that the 
a 
contractor's 
legal capacity, 
at the time of 
size, 
type 
and 
decision of the 
Commissioner of Administrative and Financial Services on appeal 
Maine 
is 
final, 
notwithstanding 
subchapter 
of 
the 
Administrative Procedure Act.