An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects
Maine Legislature, Session 126, LD 1295
Committee: State and Local Government
Sponsors: DeCHANT, GILBERT, SHORT
Amends: 5 MRSA §1743-D

Legislative Document 
No. 1295 
H.P. 922 
House of Representatives, April 2, 2013 
An Act To Require the Use of Preapproved Subcontractors for 
Publicly Funded Construction Projects 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DeCHANT of Bath. 
Cosponsored by Representatives: GILBERT of Jay, SHORT of Pittsfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §1743-D is enacted to read: 
§1743-D.  Preapproved subcontractors 
1.  Subcontractor chosen from preapproved list.  A proposer, as defined in section 
1743, that is awarded a capital improvement contract subject to competitive bidding in 
accordance with this subchapter with a value greater than $100,000 and that included in 
its bid the use of a subcontractor must be assigned a subcontractor from a list of approved 
subcontractors compiled by the Director of the Bureau of General Services as described 
in this section.  If the work of the subcontractor included in the proposer's bid has a 
good-faith estimate value of $10,000 or less, the proposer may use a subcontractor of the 
proposer's choosing. 
2.  Compilation of preapproved subcontractor list.  The Director of the Bureau of 
General Services shall submit a general request for proposals for the components of 
future capital improvement projects listed in subsection 3.  The form for a general request 
for proposals may be determined by the director.  The request for proposals must indicate 
that the bidder is seeking to be included among a list of preapproved subcontractors to be 
selected to complete a component of capital improvement projects, as listed in subsection 
3, for which future contracts may be awarded.  The subcontractor bids must be submitted 
in a manner that allows the director to estimate the cost to complete the subject 
component of a capital improvement project.  A subcontractor that submits a bid to be 
included on the preapproved list may indicate any general contractors with whom it 
prefers to work and any general contractors with whom it chooses not to work. 
3.  Project components subject to selection from preapproved list.   The Director 
of the Bureau of General Services shall compile a list of approved subcontractors for the 
following components of capital improvement projects: 
A.  Roofing and flashing; 
B.  Waterproofing, damp-proofing and caulking; 
C.  Lathing and plastering; 
D.  Marble; 
E.  Terrazzo; 
F.  Heating, ventilation and air conditioning; 
G.  Painting; 
H.  Masonry; 
I.  Glass and glazing; 
J.  Plumbing; 
K.  Electrical; 
L.  Elevators; 
M.  Metal windows; 
N.  Ornamental iron or metal work; 
O.  Acoustical tile; and 
P.  Resilient floors. 
4.  Rules.  The Director of the Bureau of General Services shall adopt rules to 
administer this section.  Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires the use of preapproved subcontractors for certain components of 
work included in bids awarded to general contractors for public improvement 
construction projects subject to competitive bidding.