An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects
Maine Legislature, Session 127, LD 0244
Committee Amendment CA_A_H395 (House)
Amends: 5 MRSA §1743-A

COMMITTEE AMENDMENT "A" to H.P. 176, L.D. 244, Bill, "An Act To 
Require the Use of Preapproved Subcontractors for Publicly Funded Construction 
Projects" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 5 MRSA §1743-A, first~, as amended by PL 2011, c. 691, Pt. B, §11, is 
further amended to read: 
Any contract for the construction, major alteration or repair of school buildings 
involving a total cost in excess of $250,000, except contracts for professional, 
architectural and engineering services and contracts for energy conservation services in 
accordance with Title 20-A, section 15915, must be awarded by competitive bids, which 
must include the pre approval process set forth in section 1743-D. The school district 
directors, school committee, building committee or whatever agency has responsibility 
for the construction, major alteration or repair shall, after consultation with the Director 
of the Bureau of General Services, seek sealed proposals. Sealed proposals must be 
addressed to the responsible agency and must remain sealed until publicly opened in the 
presence of the responsible agency or a committee of the responsible agency at such time 
as the responsible agency may direct. Competitive bids may be waived in individual cases 
involving unusual circumstances with the written approval of the Director of the Bureau 
of General Services and the Commissioner of Education.' 
Amend the bill in section 1 in § 1743-D in subsection 1 in the 3rd line (page 1, line 6 
in L.D.) by striking out the following: 
"$100,000" and inserting the following: 
'$250,000' 
Amend the bill in section 1 in § 1743-D in subsection 2 in the 3rd line (page 1, line 14 
in L.D.) by striking out the following: "listed in" and inserting the following: 'listed 
pursuant to' 
COMMITTEE AMENDMENT 
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COMMITTEE AMEIIDMENT ",Ii .. to H.P. 176, L.D. 244 
Anlend the bill in section 1 in § 1743-D in subsection 2 in the 6th line (page 1, line 17 
in L.D.) by striking out the following: "listed in" and inserting the following: 'listed 
pursuant to' 
Anlend the bill in section 1 in §1743-D by striking out all of subsection 3 (page 1, 
lines 23 to 37 and page 2, lines 1 to 4 in L.D.) and inserting the following: 
'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 
components of capital improvement projects based on a list of components maintained by 
the Bureau of General Services.' 
Anlend the bill by adding after section 1 the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Central Services - Purchases 0004 
Initiative: Provides funds for one Management Analyst II position and one limited-period 
Management Analyst I position through June 2016 and related costs to establish a 
preapproved subcontractor list. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2015-16 
1.000 
$108,920 
$4,500 
$113,420 
2016-17 
1.000 
$77,854 
$3,000 
$80,854 
Anlend the bill by relettering or renumbeling any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee and requires the use of 
pre approved subcontractors for certain components of work included in bids awarded to 
general contractors for the construction, maj or alteration or repair of school buildings 
over $250,000. It also increases the threshold proposed in the bill for the use of 
preapproved subcontractors from $100,000 to $250,000 for capital improvement 
contracts subject to competitive bidding that included the use of subcontractors in its bid. 
It also removes the list of components of capital improvement projects in the bill and 
instead makes reference to a list of components to be maintained by the Department of 
Administrative and Financial Services, Bureau of General Services. The amendment also 
adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08/15 
;:Wac 
LD 244 
LR 1745(02) 
An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects 
Fiscal Note for Billlls Amended by Committee Amendment ';4' C q 
~ 3C'! s) 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cunent biennium cost increase - Local School Administrative Units 
Net Cost (Savings) 
General Fund 
Appropri'ations/ Allocations 
General Fund 
Fiscal Detail and Notes 
FY 2015-16 
$113,420 
$113,420 
FY 2016-17 
$80,854 
$80,854 
Projections 
FY 2017-18 
$83,968 
$83,968 
Proj ections 
FY 2018-19 
$87,207 
$87,207 
This bill includes a General Fund appropriation of $113,420 in fiscal year 2015-16 and $80,854 in fiscal year 2016-17 
to the Department of Administrative and ·Finan'cial Services for two positions and related costs to establish a 
preapproved subcontractor list. The Department of Administrative Services will also require additional funding for 
software and database development. 
Requiring the use of pre approved subcontractors for major State and local school constmction projects may result in 
increased costs to the State and local school administrative units. These costs cannot be estimated at this time. 
LR1745(02) - Fiscal Note - Page 1 of 1