An Act To Reorganize the Bureau of General Services in the Department of Administrative and Financial Services
Maine Legislature, Session 128, LD 1850
Committee: State and Local Government
Sponsors: PICKETT
Amends: 1 MRSA §501-A, 2 MRSA §6, 2 MRSA §9, 3 MRSA §163, 3 MRSA §342, 3 MRSA §901-A, 3 MRSA §902-A, 4 MRSA §115, 4 MRSA §162, 4 MRSA §1604, 5 MRSA §7-A, 5 MRSA §18-A, 5 MRSA §43, 5 MRSA §244, 5 MRSA §298, 5 MRSA §304, 5 MRSA §322, 5 MRSA §323, 5 MRSA §947-B, 5 MRSA §1507, 5 MRSA §1516-B, 5 MRSA §1520, 5 MRSA §1742, 5 MRSA §1742-B, 5 MRSA §1742-C, 5 MRSA §1742-D, 5 MRSA §1742-E, 5 MRSA §1743, 5 MRSA §1743-A, 5 MRSA §1743-C, 5 MRSA §1745, 5 MRSA §1746, 5 MRSA §1747, 5 MRSA §1749, 5 MRSA §1751, 5 MRSA §1752, 5 MRSA §1753, 5 MRSA §1762-A, 5 MRSA §1763, 5 MRSA §1764, 5 MRSA §1764-A, 5 MRSA §1766, 5 MRSA §1767, 5 MRSA §1768, 5 MRSA §1769, 5 MRSA §1782, 5 MRSA §1783, 5 MRSA §1811, 5 MRSA §1812, 5 MRSA §1812-A, 5 MRSA §1812-B, 5 MRSA §1812-D, 5 MRSA §1812-E, 5 MRSA §1813, 5 MRSA §1813-B, 5 MRSA §1815, 5 MRSA §1816-A, 5 MRSA §1817, 5 MRSA §1818, 5 MRSA §1819, 5 MRSA §1825-A, 5 MRSA §1825-B, 5 MRSA §1825-C, 5 MRSA §1825-D, 5 MRSA §1825-E, 5 MRSA §1825-F, 5 MRSA §1825-G, 5 MRSA §1825-H, 5 MRSA §1825-K, 5 MRSA §1825-L, 5 MRSA §1825-M, 5 MRSA §1825-N, 5 MRSA §1825-O, 5 MRSA §1825-P, 5 MRSA §1825-Q, 5 MRSA §1825-R, 5 MRSA §1825-S, 5 MRSA §1826-B, 5 MRSA §1826-C, 5 MRSA §1827, 5 MRSA §1828, 5 MRSA §1829, 5 MRSA §1830, 5 MRSA §1831, 7 MRSA §214, 7 MRSA §215, 10 MRSA §1478, 12 MRSA §908, 12 MRSA §8003, 20-A MRSA §12706, 20-A MRSA §15903, 20-A MRSA §15908, 20-A MRSA §15910, 20-A MRSA §15915, 22 MRSA §8307, 23 MRSA §52, 23 MRSA §4210, 25 MRSA §2905, 26 MRSA §565-A, 27 MRSA §452, 27 MRSA §455, 27 MRSA §457, 28-A MRSA §83-C, 30-A MRSA §4349-A, 30-A MRSA §6209, 34-A MRSA §1403, 34-A MRSA §3004, 34-B MRSA §1404, 35-A MRSA §1908, 35-A MRSA §3210-C, 35-A MRSA §3212, 35-A MRSA §10104, 35-A MRSA §10105, 35-A MRSA §10110, 36 MRSA §191, 36 MRSA §4372-A, 36 MRSA §4404-C, 37-B MRSA §157, 38 MRSA §1303-C, 38 MRSA §2101-A, 39-A MRSA §105-A

Legislative Document
No. 1850
H.P. 1287
House of Representatives, March 1, 2018
An Act To Reorganize the Bureau of General Services in the 
Department of Administrative and Financial Services
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PICKETT of Dixfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §501-A, sub-§§2, 3 and 6, as enacted by PL 1997, c. 299, §1, 
are amended to read:
2.  Production and distribution.  The publications of all agencies, the University of 
Maine System and the Maine Maritime Academy may be printed, bound and distributed, 
subject to Title 5, sections 43 to 46. The State Purchasing Agent Chief Procurement 
Officer may determine the style in which publications may be printed and bound, with the 
approval of the Governor.
3.  Annual or biennial reports.  Immediately upon receipt of any annual or biennial 
report that is not included in the Maine State Government Annual Report provided for in 
Title 5, sections 43 to 46, the State Purchasing Agent Chief Procurement Officer shall 
deliver at least 55 copies of that annual or biennial report to the State Librarian for 
exchange and library use.  The State Purchasing Agent Chief Procurement Officer shall 
deliver the balance of the number of each such report to the agency that prepared the 
report.
6.  Forwarding of requisitions.  The State Purchasing Agent, Central Printing Chief 
Procurement Officer and all other printing operations within State Government shall 
forward to the State Librarian upon receipt one copy of all requisitions for publications to 
be printed.
Sec. 2.  2 MRSA §6, sub-§3, as amended by PL 2013, c. 405, Pt. A, §1, is further 
amended to read:
3.  Range 89.  The salaries of the following state officials and employees are within 
salary range 89:
Director, Bureau of General Services;
Director, Bureau of Alcoholic Beverages and Lottery Operations;
State Budget Officer;
State Controller;
Director, Bureau of Forestry;
Director, Governor's Office of Policy and Management;
Director, Energy Resources Office;
Director of Human Resources;
Director, Bureau of Parks and Lands; 
Director of the Governor's Office of Communications;
Director, Bureau of Agriculture, Food and Rural Resources; and
Director, Bureau of Resource Information and Land Use Planning.
Sec. 3.  2 MRSA §9, sub-§4, as enacted by PL 2009, c. 655, Pt. C, §2, is amended 
to read:
4.  Advice to state agencies.  The director shall advise state agencies regarding 
energy-related principles for agencies to consider, along with the laws and policies 
governing those agencies, in conjunction with the sale, lease or other allowance for use of 
state-owned land or assets for the purpose of development of energy infrastructure. For 
the purposes of this subsection, "state-owned" and "energy infrastructure corridor" have 
the same meanings as in Title 35-A, section 122, subsection 1. At a minimum, the 
director shall consider the following principles in advising state agencies under this 
subsection:
A.  The principles for the determination of the long-term public interest of the State 
as specified in Title 35-A, section 122, subsection 1-D, paragraph B;
B.  Avoiding wherever possible the use of lands subject to the provisions of the 
Constitution of Maine, Article IX, Section 23;
C.  Maximizing the benefit realized from the State's strategic location within New 
England and the northeastern region; and
D.  Complying with the provisions of the memorandum of agreement between the 
Maine Turnpike Authority and the Department of Transportation under Title 35-A, 
section 122, subsection 1-C, when applicable.
Nothing in this subsection alters any of the responsibilities or limits any of the authority 
of the Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management pursuant to Title 5.  Nothing in this subsection alters or limits 
the ability of departments or agencies of the State, along with the Bureau of General 
Services Real Estate Management pursuant to Title 5, to generate or cogenerate energy at 
state facilities for use on site and elsewhere.
Sec. 4.  3 MRSA §163, sub-§1, as amended by PL 2003, c. 673, Pt. QQQ, §2, is 
further amended to read:
1.  Executive officers.  To act as executive officer of the Legislature when it is not in 
session and unless the Legislature otherwise orders, the Executive Director shall, with the 
cooperation of the Secretary of the Senate and the Clerk of the House of Representatives 
have custody of all legislative property and material, arrange for necessary supplies and 
equipment through the State Department of Administrative and Financial Services, 
Bureau of Purchases Business Management, arrange for necessary services, make all 
arrangements for incoming sessions of the Legislature, have general oversight of 
chambers and rooms occupied by the Legislature and permit state departments to use 
legislative property. The Executive Director may sell, in accordance with procedures 
established by the Legislative Council, unneeded legislative equipment and materials and, 
with the approval of the President of the Senate and the Speaker of the House of 
Representatives, dispose of obsolete or unusable equipment and materials through the 
Bureau of General Services' Business Management's surplus property program.  Proceeds 
from the sale of unneeded equipment and materials must be credited to the legislative 
account.  The Executive Director has the authority to enter into contracts authorized by 
the Legislative Council and shall approve accounts and vouchers for payment.  A 
perpetual inventory of all legislative property must be maintained under the supervision 
of the Legislative Council and an accounting of the inventory must be made to the 
Legislature upon its request.
Sec. 5.  3 MRSA §342, 3rd ¶, as amended by PL 2011, c. 691, Pt. B, §1, is further 
amended to read:
All facilities so provided must be properly maintained by the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management. 
Sec. 6.  3 MRSA §901-A, sub-§2, ¶C, as amended by PL 2011, c. 691, Pt. B, §2, 
is further amended to read:
C.  The Director of the Bureau of General Services Chief Facilities Officer within the 
Department of Administrative and Financial Services;
Sec. 7.  3 MRSA §902-A, sub-§2, as amended by PL 2011, c. 691, Pt. B, §3, is 
further amended to read:
2.  Immediate grounds.  The immediate grounds, including Capitol Park, the area 
bounded on the east by the Kennebec River, on the north by Capitol Street, on the south 
by Union Street and on the west by State Street, except that the private office of the 
Governor, at the Governor's discretion, is exempt from this chapter.
A.  To ensure that the portion of Capitol Park that is controlled by the City of 
Augusta remains integrated with the portion of Capitol Park that is controlled by the 
State, the commission may, in consultation with the City of Augusta, plan for the 
preservation and development of a unified park area.
B.  Any action taken with respect to Capitol Park must be consistent with the plan for 
Capitol Park developed by the Olmsted Brothers firm in 1920 as revised by the 
Pressley firm in 1990.
The Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management may make no architectural, aesthetic or decorative addition, 
deletion or change to any external or internal part of the State House or its immediate 
grounds under the jurisdiction of the Legislative Council unless the council has approved 
the change in writing in conformance with the plan adopted by the council.  The 
Governor must be notified before the council votes on any change.  The commission may 
make recommendations to the council in regard to any proposed architectural, aesthetic or 
decorative addition, deletion or change to the internal or external part of the State House.
Sec. 8.  4 MRSA §115, 3rd ¶, as amended by PL 2009, c. 1, Pt. J, §1, is further 
amended to read:
If the Chief Justice or the Chief Justice's designee is unable to negotiate the leases, 
contracts and other arrangements as provided in this section, the Chief Justice may, with 
the advice and approval of the Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management, negotiate on behalf of the State the 
leases, contracts and other arrangements the Chief Justice considers necessary, within the 
limits of the budget and funds available to such court, to provide suitable quarters, 
adequately furnished and equipped for the Supreme Judicial, Superior or District Court in 
privately owned buildings.
Sec. 9.  4 MRSA §162, as amended by PL 2011, c. 691, Pt. B, §4, is further 
amended to read:
§162.  Place for holding court; suitable quarters
In each division, the place for holding court must be located in a state, county or 
municipal building designated by the Chief Judge who, with the advice and approval of 
the Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management, is empowered to negotiate on behalf of the State the leases, 
contracts and other arrangements the Chief Judge considers necessary, within the limits 
of the budget and the funds available, to provide suitable quarters, adequately furnished 
and equipped for the District Court in each division. 
The facilities of the Superior Court in each county when that court is not in session 
must be available for use by the District Court of that division in which such facilities are 
located. Arrangements for such use must be made by the Chief Judge. 
If the Chief Judge is unable to negotiate the leases, contracts and other arrangements 
as provided in this section, the Chief Judge may, with the advice and approval of the 
Bureau of General Services Real Estate Management, negotiate on behalf of the State, the 
leases, contracts and other arrangements the Chief Judge considers necessary, within the 
limits of the budget and funds available, to provide suitable quarters, adequately 
furnished and equipped for the District Court in privately owned buildings. 
Sec. 10.  4 MRSA §1604, sub-§26, as enacted by PL 1997, c. 523, §12, is 
amended to read:
26.  Delegation to Bureau of Real Estate Management.  To delegate those powers 
that the authority may specifically exercise, or cause to be exercised, pursuant to 
subsection 5, 6, 8, 9, 17 or 18 to the Department of Administrative and Financial 
Services, Bureau of General Services Real Estate Management.  The authority may 
revoke such a delegation upon the failure of the Bureau of General Services Real Estate 
Management to discharge the delegated powers.  The Bureau of General Services Real 
Estate Management may provide to the authority an indemnity and hold-harmless 
agreement with respect to a delegation.
Sec. 11.  5 MRSA §7-A, sub-§1, ¶D, as amended by PL 2011, c. 691, Pt. B, §5, is 
further amended to read:
D.  A vehicle may be temporarily garaged off state grounds when certified by the 
Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management that there is no space available on state grounds or certified 
by the Department of Public Safety that the space available does not provide adequate 
protection for the vehicle; or
Sec. 12.  5 MRSA §18-A, sub-§4, ¶C, as enacted by PL 2001, c. 203, §2, is 
amended to read:
C.  If an exemption is approved by the Director of the Bureau of General Services 
Chief Procurement Officer within the Department of Administrative and Financial 
Services or the director's Chief Procurement Officer's designee based upon one of the 
following and if the director Chief Procurement Officer gives notice of the granting 
of this exemption to all parties bidding on the contract in question with a statement of 
the reason for the exemption and if an opportunity is provided for any party to appeal 
the granting of the exemption:
(1)  When the private entity or party that proposes to contract with the State and 
that employs the executive employee, based upon all relevant facts, is the only 
reasonably available source to provide the service or product to the State, as 
determined by the director Chief Procurement Officer; or
(2)  When the director Chief Procurement Officer determines that the amount of 
compensation to be paid to the private entity or party providing the service or 
product to the State is de minimis.
Sec. 13.  5 MRSA §43, 5th ¶, as repealed and replaced by PL 1975, c. 436, §3, is 
amended to read:
The State Purchasing Agent Chief Procurement Officer shall distribute a reasonable 
number of copies of the report to each reporting agency, to legislative staff agencies and 
to each member of the Legislature, or, in the even-numbered years, to each member-elect 
taking office the following January. Eighty copies of the report shall must be delivered to 
the State Librarian for exchange and library use. The State Purchasing Agent Chief 
Procurement Officer shall prorate the cost of the report among the reporting agencies. He 
The Chief Procurement Officer shall provide for the sale of additional copies of the report 
to state agencies and the public at a reasonable price sufficient to cover the cost of 
printing and distribution. The income received under this section shall must be credited to 
an Intragovernmental Service Account which shall and must be carried forward and 
expended by the State Purchasing Agent Chief Procurement Officer for the purposes of 
sections 43 through 46.
Sec. 14.  5 MRSA §244, 2nd ¶, as enacted by PL 2003, c. 450, §4, is amended to 
read:
By September 15th of each year, the State Auditor shall schedule a meeting with each 
joint standing committee of the Legislature having jurisdiction over those departments or 
agencies in the audit of which the State Auditor has identified findings and the joint 
standing committees of the Legislature having jurisdiction over appropriations and 
financial affairs and state and local government matters.  The State Auditor shall present 
an assessment of findings and recommendations of the most recently completed audit 
performed pursuant to this section, including, but not restricted to, questioned costs and 
material weaknesses of state programs.  The State Auditor shall notify affected state 
agencies and applicable state central service agency officials, such as, without limitation, 
the State Controller, State Budget Officer, State Purchasing Agent Chief Procurement 
Officer and Chief Information Officer, of the meeting time and place.
Sec. 15.  5 MRSA §298, 5th ¶, as amended by PL 1993, c. 361, Pt. A, §1, is 
further amended to read:
The Director of Public Improvements Chief Facilities Officer within the Department 
of Administrative and Financial Services serves as the secretariat of the commission in 
exercising its administration.  The commission may, in accordance with the Maine 
Administrative Procedure Act, chapter 375, adopt and enforce rules as it determines 
necessary, except rules relating to the State Capitol Building under the jurisdiction of the 
State House and Capitol Park Commission, as it determines necessary for the purposes of 
carrying out this chapter.  These rules have the force of law.
Sec. 16.  5 MRSA §304, as amended by PL 2011, c. 691, Pt. B, §6, is further 
amended to read:
§304.  Approval of construction projects
A construction project may not be initiated in the Capitol Area for the development 
of state buildings and grounds following the adoption of the plan or amendments and 
additions thereto by the Legislature without the approval of the Legislative Council, the 
Department of Administrative and Financial Services, Bureau of General Services Real 
Estate Management and the commission of the proposals and plans for the project.
Sec. 17.  5 MRSA §322, sub-§1, ¶C, as enacted by PL 1993, c. 590, §1, is 
amended to read:
C.  The Director of the Bureau of General Services Chief Facilities Officer within the 
Department of Administrative and Financial Services;
Sec. 18.  5 MRSA §323, sub-§3, as enacted by PL 1993, c. 590, §1, is amended to 
read:
3.  Alterations.  The Department of Administrative and Financial Services, Bureau of 
General Services Real Estate Management may not make any architectural, aesthetic or 
decorative addition to, deletion from or change to any external or internal part of the 
Blaine House or its immediate grounds under the jurisdiction of the commission unless 
the commission has approved the change in writing.
Sec. 19.  5 MRSA §947-B, sub-§1, ¶E, as enacted by PL 1991, c. 780, Pt. Y, 
§37, is amended to read:
E.  Director, Bureau of General Services Chief Facilities Officer, who directs the 
Bureau of Real Estate Management;
Sec. 20.  5 MRSA §947-B, sub-§1, ¶E-1 is enacted to read:
E-1.  Chief Procurement Officer, who directs the Bureau of Business Management;
Sec. 21.  5 MRSA §1507, sub-§3, as amended by PL 2011, c. 691, Pt. B, §7, is 
further amended to read:
3.  Purchase of real estate.  The Governor may allocate funds from such account to 
provide funds in accordance with Title 1, section 814. Allocations may be made from this 
fund by the Governor only upon the written request of the Director of the Bureau of 
General Services Chief Facilities Officer within the Department of Administrative and 
Financial Services and upon consultation with the State Budget Officer.
Sec. 22.  5 MRSA §1516-B, sub-§3, as enacted by PL 2011, c. 689, §1, is 
amended to read:
3.  Funding of fund.  The Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management shall notify the State Controller and 
the State Budget Officer of a relocation of a state agency from leased space to a 
state-owned facility or a relocation of a state agency from leased space to a lower-priced 
leased space.  Any balance, net of the value of the state cost allocation program as 
determined by the State Controller, remaining in General Fund or Other Special Revenue 
Funds money appropriated or allocated for leased space and all facility-related expenses 
for that agency during the biennium of the relocation as a result of savings resulting from 
the relocation must be transferred as provided in this subsection.
A.  The State Budget Officer shall transfer 50% of any General Fund or Other Special 
Revenue Funds money through financial order to the fund. This transfer is considered 
to be an adjustment to the appropriation or allocation.
B.  The remaining balance must be transferred to the General Fund as unappropriated 
surplus.
Sec. 23.  5 MRSA §1520, sub-§1, ¶C, as amended by PL 2005, c. 12, Pt. SS, §4, 
is further amended to read:
C.  The office shall establish, through the Department of Administrative and 
Financial Services, Office of the State Controller, the Statewide Radio and Network 
System Reserve Fund account.  The funds deposited in the account may include, but 
are not limited to, appropriations made to the account, funds transferred to the 
account from within the Department of Administrative and Financial Services, funds 
received from state departments and agencies using the services provided by the 
office, earnings by the fund from the Treasurer of State's pool and proceeds from the 
sale of system assets under the administrative control of the fund by the state surplus 
property program in the Department of Administrative and Financial Services, 
Bureau of General Services Business Management in accordance with paragraph B 
and other provisions of law.
Sec. 24.  5 MRSA §1742, first ¶, as amended by PL 1991, c. 780, Pt. Y, §53, is 
further amended to read:
The Department of Administrative and Financial Services, through the Bureau of 
General Services Real Estate Management, has authority:
Sec. 25.  5 MRSA §1742, sub-§7, as amended by PL 2005, c. 386, Pt. L, §1, is 
further amended to read:
7.  Approve plans for public improvements.  To approve all proposals, plans, 
specifications and contracts for public improvements that the State or any of its agencies 
hold in fee or by leasehold interest and for school administrative unit projects costing in 
excess of $100,000.  The commissioner shall, upon the request of a school administrative 
unit, provide consultation for any public improvement regardless of cost.  The Bureau of 
General Services Real Estate Management shall furnish a quarterly report to the project 
unit school board that details the services provided to the project during the time period 
covered by the report.  The Bureau of General Services Real Estate Management shall 
submit to the State Board of Education an annual report that summarizes the services 
provided each project;
Sec. 26.  5 MRSA §1742, sub-§26, as amended by PL 2017, c. 284, Pt. P, §1 and 
c. 288, Pt. B, §1, is further amended to read:
26.  Rental income.  To credit income from the rental of facilities in Limestone to 
the Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management, Other Special Revenue Funds account.  These funds must be 
used for repairs, capital improvements and other costs of managing the facilities operated 
by the Maine Military Authority in Limestone.
Notwithstanding any other provision of law and except when the Governor in the case of 
an emergency pursuant to Title 37-B, section 742 or 744 needs money for disaster relief, 
in which case the Governor may transfer no more than 10% of the balance of the rental 
income, the department also may recommend that:
A.  Part of the rental income collected by the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management pursuant to 
this subsection be transferred to the General Fund as undedicated revenue;
B.  Part of the rental income collected by the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management pursuant to 
this subsection be transferred to the Department of Defense, Veterans and Emergency 
Management, Maine National Guard Education Assistance Pilot Program, Other 
Special Revenue Funds account for tuition assistance;
C.  Part of the rental income collected by the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management pursuant to 
this subsection be transferred to the Department of Defense, Veterans and Emergency 
Management, Maine National Guard Education Assistance Pilot Program, Other 
Special Revenue Funds account for the reimbursement of the purchase of 
supplemental life insurance as provided for in the provisions of Title 37-B, section 
390-B; 
D.  Beginning July 1, 2007, part of the rental income collected by the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management pursuant to this subsection be transferred to the Department of Defense, 
Veterans and Emergency Management for maintenance and repair of National Guard 
armories in the State; and
E.  Part of the rental income collected by the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management pursuant to 
this subsection be transferred to the Department of Defense, Veterans and Emergency 
Management, Disaster Assistance Relief, Other Special Revenue Funds account for 
disaster assistance; 
Sec. 27.  5 MRSA §1742, last ¶, as amended by PL 1991, c. 780, Pt. Y, §58, is 
further amended to read:
The head of any agency, board, commission, department of the State Government or 
school administrative unit, not otherwise exempted by law, who contemplates any public 
improvement, must first obtain the approval of the Director of the Bureau of General 
Services Chief Facilities Officer for such work. This paragraph is not intended to restrict 
the head of any agency, board, commission or department of the State Government from 
making emergency repairs to any state-owned building, public work or property or any 
property under lease to the State Government or to restrict any school administrative unit 
under like conditions that is under that person's supervision and control whenever it 
appears that such repairs are immediately necessary to prevent injury to persons or further 
damage to such buildings or property.
Sec. 28.  5 MRSA §1742-B, first ¶, as amended by PL 2005, c. 489, §1, is further 
amended to read:
The Department of Administrative and Financial Services, Bureau of General 
Services Real Estate Management, referred to as "the bureau" in this section, shall 
provide written notification to the municipal manager or, in the absence of a manager, the 
first selectman of a state construction project or public improvement within the 
boundaries of that municipality as soon as practicable after beginning the schematic 
design process.  If a municipality intends to review and issue building permits on state 
construction projects and public improvements, the municipality must file a notice of 
intent with the bureau no later than 45 days following receipt of notification by the 
bureau of the state construction project or public improvement.  Once the required notice 
is filed, the projects and improvements to state-owned or leased buildings must comply 
with municipal ordinances governing the construction and alteration of buildings, 
provided that as long as the municipal building code standards are as stringent as, or more 
stringent than, the code for state buildings.  Prior to requesting bids, the bureau shall 
obtain or it shall require the project designer to obtain municipal approval of the project 
plans and specifications.  Contractors and subcontractors shall obtain all necessary 
municipal building permits and the project must be subject to municipal inspections.
Sec. 29.  5 MRSA §1742-C, as amended by PL 2013, c. 368, Pt. R, §3, is further 
amended to read:
§1742-C.  Institutions of higher education
The Department of Administrative and Financial Services, through the Bureau of 
General Services Real Estate Management, shall provide the following services to 
institutions of higher education.
1.  University of Maine System.  Notwithstanding section 1742, the Bureau of 
General Services Real Estate Management is not required to provide services to the 
University of Maine System.
2.  Maine Community College System; Maine Maritime Academy.  The Bureau 
of General Services Real Estate Management shall provide any of the services set out in 
section 1742, subsections 1 to 9, 12 to 14, 19 and 23 to the Maine Community College 
System and the Maine Maritime Academy.  Application of section 1742, subsection 23 to 
these institutions is limited to all public improvements:
A.  Costing $25,000 or more; or
B.  Costing less than $25,000 when building codes or other legal requirements exist.
3.  Public improvements budget submission; Maine Community College System.  
In accordance with Title 20-A, section 12706, subsection 4-A, the Bureau of General 
Services Real Estate Management shall advise and assist the Maine Community College 
System in developing a prioritized public improvements budget for the system.  This 
budget must be presented to the Governor and the Legislature as separate from the public 
improvements budget developed by the Bureau of General Services Real Estate 
Management for the departments and agencies of State Government.
Sec. 30.  5 MRSA §1742-D, as amended by PL 1999, c. 776, §§1 and 2 and PL 
2003, c. 600, §4, is further amended to read:
§1742-D.  Bureau of Real Estate Management; real property leases
1.  Work closely with all departments and agencies.  The Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management shall work closely with all departments and agencies in locating real 
property leases to ensure that agency program requirements are met to the maximum 
extent possible.  The bureau shall:
A.  Maintain records of state agency real property leasing needs and all available 
space owned, leased and potentially available for lease, and make this information 
available to all state agencies;
B.  Monitor market prices for real property leases on a regional basis and establish 
rates to be charged to state agencies on an annual basis; and
C.  Hold all real property leases to ensure they are negotiated and managed to the best 
economic advantage of the State.
2.  Establish standards; waiver.  The Bureau of General Services Real Estate 
Management shall establish the following:
A.  Standards for occupant safety and comfort in leased space that are consistent with 
law and all applicable building, fire, handicapped accessibility and environmental 
codes; and
B.  By July 1, 1991, standards for space use for all state facilities that ensure the 
equitable and efficient distribution of available floor space, including common areas, 
consistent with cost, program and functional objectives.
The Director of the Bureau of General Services Chief Facilities Officer may provide a 
waiver of the standards and criteria established under this section if the director Chief 
Facilities Officer concludes that the unique conditions of location, program or employee 
function require such a waiver or in order to meet the purpose of Title 30-A, section 
4349-A, subsection 2, relating to priority locations for state office buildings, courts and 
other state civic buildings.
3.  Real Property Lease Internal Service Fund Account established.  The Bureau 
of General Services Real Estate Management shall establish, through the Office of the 
State Controller, the Real Property Lease Internal Service Fund Account.  The funds 
deposited in the account must include, but not be limited to, appropriations made to the 
account, funds transferred to the account from within the Department of Administrative 
and Financial Services and funds received from state departments and agencies using 
leasing services provided by the bureau.
4.  Charges for leasing services.  The Bureau of General Services Real Estate 
Management may levy charges according to a rate schedule recommended by the 
Director of the Bureau of General Services Chief Facilities Officer and approved by the 
Commissioner of Administrative and Financial Services against all departments and 
agencies using leasing services pursuant to this section.
5.  Submission of budget.  The Bureau of General Services Real Estate Management 
shall submit a budget of estimated revenues and costs incurred by the account in 
connection with the leasing services established in this section.
6.  Staff.  The Director of the Bureau of General Services Chief Facilities Officer 
shall appoint, subject to the Civil Service Law, staff necessary to carry out the purposes 
of this section.
7.  Payment by department or agency.  Each department or agency using the 
services of this program must budget adequate funds to pay the leasing services provided 
by the Bureau of General Services Real Estate Management.
8.  Report.  The Director of the Bureau of General Services Chief Facilities Officer 
shall report to the joint standing committees of the Legislature having jurisdiction over 
state and local government matters and appropriations and financial affairs matters by 
January 31st of each year with respect to the status of current leases, projected real 
property leasing requirements and anticipated costs for each fiscal year.
9.  Exception.  The land leases of the various departments and agencies of State 
Government are exempted from the provisions of this section.
10.  Downtown Leasehold Improvement Fund.  The Downtown Leasehold 
Improvement Fund, referred to in this subsection as the "fund," is established within the 
Bureau of General Services Real Estate Management to assist state agencies in securing 
suitable space in downtowns whenever possible by providing for capital improvements to 
real property leased by the State in downtowns necessary to meet public health, safety 
and accessibility requirements of federal, state and local statutes and codes.
The fund is a nonlapsing fund consisting of sums that are appropriated by the Legislature 
or transferred to the fund from time to time by the Treasurer of State, the proceeds of 
notes or bonds issued by the State for the purpose of deposit in the fund, grants and 
awards made to the State or an instrumentality of the State by the Federal Government for 
the purpose for which the fund has been established and other funds from any public or 
private source received for use for the purpose for which the fund has been established.
The bureau shall invest in leasehold improvements from this fund only when it 
determines that the length and other terms of the lease will provide for reasonable use of 
and return on the investments for the State.
The bureau may establish accounts and subaccounts as it determines desirable to 
effectuate the purpose of the fund.
Sec. 31.  5 MRSA §1742-E, as enacted by PL 1997, c. 499, §2, is amended to 
read:
§1742-E.  Bureau of Real Estate Management; asbestos, lead and indoor air quality 
assessment and mitigation services
1.  Asbestos, lead and indoor air quality assessment and mitigation services.  The 
Department of Administrative and Financial Services, through the Bureau of General 
Services Real Estate Management, Division of Safety and Environmental Services, shall 
provide asbestos, lead and indoor air quality assessment and mitigation oversight services 
for public schools and state facilities.  The Division of Safety and Environmental Services 
is the lead agency of the State for asbestos, lead and indoor air quality matters.
Sec. 32.  5 MRSA §1743, first ¶, as repealed and replaced by PL 2001, c. 271, §1, 
is amended to read:
The Department of Administrative and Financial Services through the Bureau of 
General Services Real Estate Management shall award a contract in accordance with this 
section for any public improvement that the State or any of its agencies hold in fee 
involving a total cost in excess of $100,000, except contracts for professional, 
architectural and engineering services.  The bureau may reject any public improvement 
bid, qualification package or proposal when it determines that to do so is in the best 
interests of the State.  The contract must be awarded by competitive bid as provided in 
subsection 2 or by the bid method provided in subsections 3 to 7 for alternative methods 
of project delivery.
Sec. 33.  5 MRSA §1743, sub-§1, ¶A, as enacted by PL 2001, c. 271, §1, is 
amended to read:
A.  "Bureau" means the Bureau of General Services Real Estate Management.
Sec. 34.  5 MRSA §1743, sub-§1, ¶F, as enacted by PL 2001, c. 271, §1, is 
repealed.
Sec. 35.  5 MRSA §1743, sub-§2, as amended by PL 2007, c. 9, §1 and c. 466, Pt. 
C, §2, is further amended to read:
2.  Competitive bids.  A public improvement contract may be awarded under a 
system of competitive bidding in accordance with this Part and such other conditions as 
the Governor may prescribe.  The competitive bidding process may be waived in 
individual cases involving emergency circumstances with the written approval of the 
director Chief Facilities Officer.
Sec. 36.  5 MRSA §1743, sub-§§3 to 7, as enacted by PL 2001, c. 271, §1, are 
amended to read:
3.  Alternative methods of project delivery.  As an alternative to the competitive 
bid method provided in subsection 2, a public improvement contract may be undertaken 
using the construction-manager-advisor, construction-manager-at-risk or design-build 
method of construction.
A.  To the extent the provisions of this section do not address specific alternative 
delivery procurement, award or administration issues, the provisions may be 
supplemented at the discretion of the director Chief Facilities Officer with the 
concepts contained in the Bureau's bureau's architect-engineer selection procedures 
that are designed to achieve quality-based selection and with policies and procedures 
adopted by rule of the bureau with the advice of the review panel.
B.  After award of a contract or contracts for a project under an alternative method of 
delivery, the bureau shall notify all unsuccessful proposers in writing within a 
reasonable amount of time of the final selection and award, and make available to 
them all scoring information used in the selection process.  Upon award of the 
contract or contracts and after resolution of any procurement disputes, the bureau 
shall return documents submitted by unsuccessful proposers upon request.
C.  Using the time frames and procedures established in section 1749, this paragraph 
governs appeals from decisions on alternative methods of project delivery.
(1)  Resolution of disputes must be by appeal to the director Chief Facilities 
Officer, whose decision is the final administrative appeal.
(2)  Nothing in this paragraph prevents an aggrieved party from seeking judicial 
review, which may include a request for stay of award pursuant to applicable 
laws, judicial decisions, rules and any other applicable procedures.
D.  The director Chief Facilities Officer may adopt rules necessary to implement the 
provisions for alternative project delivery methods set out in this section in 
accordance with the Maine Administrative Procedure Act.  Prior to the procurement 
or award of any contract under an alternative delivery method, the director Chief 
Facilities Officer shall adopt by rule policies and procedures to implement that 
method.  Rules adopted under this subsection are routine technical rules pursuant to 
chapter 375, subchapter II-A 2-A.
4.  Alternative Delivery System Review Panel.  The director Chief Facilities 
Officer shall establish the Alternative Delivery System Review Panel to advise the 
director Chief Facilities Officer in developing alternative project delivery policies, 
procedures and rules and in selecting public improvement projects for construction under 
an alternative delivery method.
A.  The review panel is composed of 6 members as follows:
(1)  Two representatives of the bureau designated by the Commissioner of 
Administrative and Financial Services;
(2)  Two representatives of the construction trade, one of whom is a building 
contractor designated by the president of a state-based organization that 
represents building contractors and one of whom is designated by the president of 
a state-based organization that represents specialty contractors;
(3) One representative designated by the president of a state-based organization 
that represents architects; and
(4)  One representative designated by the president of a state-based organization 
that represents consulting engineers.
The private sector members serve terms of 3 years each and each appointing authority 
shall designate an alternate who shall serve in the event of a conflict of interest.
B.  In making a recommendation on selection of projects to the bureau, the review 
panel shall consider the following criteria:
(1)  Technical complexity of the project;
(2)  Substantial time or schedule savings that are necessary to the success of the 
project;
(3)  Project cost control;
(4)  The bureau's capacity to plan and manage the selected alternative project 
delivery method of construction, either in house or through outside contract;
(5)  Consistency and fairness in the procurement process;
(6)  Assurance of competition; and
(7)  Advancement of the public interest.
5.  Design-build method.  The design-build method must be consistent with 
guidelines approved by a national architect, general contractor or design-build 
organization or a combined or modified version of the guidelines approved by those 
entities, with the final design-build procedures and documents to be determined at the 
discretion of the bureau.  The bureau may prequalify design-build teams using criteria 
that must include at a minimum those set forth in section 1747 and may also include 
additional criteria considered appropriate by the director Chief Facilities Officer.
A.  Selection of the design-build teams is governed by this paragraph.
(1)  Prior to publication of a request for qualifications, the bureau shall develop 
concept and schematic designs incorporating a detailed set of program 
requirements for the project using the services of a qualified architect, engineer 
or other professional who is selected using the bureau's architect-engineer 
selection rules.  Individuals who are involved in developing the project's program 
requirements may not participate in the design-build teams.
(2)  For each project, the bureau shall publish a request for qualifications in at 
least 2 newspapers distributed in the State, one of which must be the Kennebec 
Journal.  The bureau shall issue a request-for-qualifications package to all firms 
requesting one in accordance with the notice.  The bureau shall evaluate and rate 
all firms submitting a responsive statement of qualifications and select the most 
qualified firms to receive a request for proposals.  Selection criteria at this stage 
include at a minimum the ability of the competitor to satisfactorily carry out the 
project design and construction requirements, past performance, relevant 
experience and financial capacity to perform.  The bureau may select a short list 
of 3 to 5 firms.  The bureau may pay a reasonable stipend to all responsive 
proposers who were not selected.  The amount of the stipend must be published 
together with the evaluation criteria in the request for proposals.
(3)  The request for proposals must set forth the scope of work, design 
parameters, construction requirements, time constraints and all other 
requirements that the bureau determines have a substantial impact on the cost or 
quality of the project and the project development process.  The request for 
proposals must include the criteria for acceptable proposals and state clearly what 
weight will be assigned to each criterion.  A description of the scoring process 
and quality criteria to be used to judge the proposals must also be contained in 
the request for proposals.  As part of the selection process, proposers must make 
oral presentations to the selection panel established under subparagraph (4).
(4)  The director Chief Facilities Officer shall appoint members of a selection 
panel for each project.  The selection panel in both the request-for-qualifications 
and request-for-proposals phases must include design and construction 
professionals from within the bureau, design and construction professionals from 
outside the bureau and individuals who will use the facility.
(5)  Each proposal must be submitted to the bureau in 2 separate components: a 
sealed technical proposal and a sealed price proposal.  These 2 components must 
be submitted simultaneously.  The selection panel shall first open and evaluate 
and score each responsive technical proposal based on the quality criteria 
contained in the request for proposals.  Nonresponsive proposals must be 
rejected.  During this evaluation process, the price proposals must remain sealed 
and all technical proposals are confidential.  After completion of the evaluation 
of the technical proposals, the selection panel shall publicly open and read each 
price proposal.  The bureau shall award the contract to the proposer with the 
lowest price per quality score point, as long as that proposal meets all request-for-
proposals requirements.  The bureau shall be permitted to modify the scoring of 
price and quality in accordance with rules adopted by the bureau.
6.  
Construction-manager-at-risk method.  
The construction-manager-at-risk 
method must be consistent with the concepts set forth in a standard form of agreement 
between an owner and a construction manager when the construction manager is also the 
constructor as established by national architect or general contractor organizations.  The 
final procedures and documents for this method of delivery are determined at the 
discretion of the director Chief Facilities Officer.
A.  The bureau shall publish in at least 2 newspapers distributed in the State, one of 
which must be the Kennebec Journal, a request for qualifications that must contain 
the evaluation criteria upon which proposals are evaluated.  Evaluation criteria 
include project size and scope, and relevant experience and financial and staff 
capability of proposers.  The bureau shall evaluate the proposals and determine which 
proposers, if any, are qualified to perform the project.  The bureau may select a short 
list of 3 to 5 firms.
B.  Proposers determined to be qualified must be invited to submit a fee proposal.  
The bureau shall, in advance of soliciting a fee proposal, publish the evaluation 
criteria upon which the proposers are evaluated.  Evaluation criteria at a minimum 
must include the following:
(1)  Fee;
(2)  Technical capacity;
(3)  Management plan and project schedule if available;
(4)  Experience;
(5)  Past performance;
(6)  Technical approach; and
(7)  Composition and qualifications of the proposers' workforce.
As part of the selection process, proposers must make oral presentations to the 
selection panel established under paragraph C.
C.  The director Chief Facilities Officer shall appoint members of a selection panel 
for each project.  The selection panel must include representatives of the owner, 
designer, if selected, and individuals who will use the facility.  From among the 
proposals submitted, the bureau shall select the most advantageous proposal that 
meets the published evaluation criteria.
D.  Subcontractors must be selected in accordance with the following provisions.  
The bureau shall create a subcontractor prequalification panel, composed of a 
representative from the designer, the construction manager and the bureau. The 
construction manager shall develop detailed bid packages based on the industry 
standard practice.  The bureau shall advertise in at least 2 newspapers distributed in 
the State, one of which must be the Kennebec Journal, for requests for qualifications 
for each trade.  The subcontractor prequalification panel shall, from the qualifications 
submitted, determine a short list of trade contractors who must be permitted to submit 
bids in accordance with the bid package requirements, pursuant to a publicly 
advertised process and deadline. Bids must be opened publicly and be awarded to the 
lowest responsive eligible bidder.
7.  Construction-manager-advisor method.  The construction-manager-advisor 
method must be consistent with the standard scope of services employed by the bureau in 
public improvement projects.
A.  The bureau shall publish in at least 2 newspapers distributed in the State, one of 
which must be the Kennebec Journal, a request for proposals that identifies the 
evaluation criteria upon which proposers are evaluated.  Evaluation criteria must 
include:
(1)  Fee;
(2)  Technical capacity;
(3)  Management plan;
(4)  Experience;
(5)  Past performance; and
(6)  Composition of the project team, with individual resumes.
As part of the selection process, proposers must make oral presentations to the 
selection panel established under paragraph B.
B.  The director Chief Facilities Officer shall appoint members of a selection panel 
for each project.  The selection panel must include representatives of the owner, 
designer, if selected, and individuals who will use the facility.  From among the 
proposals submitted, the bureau shall select the most advantageous proposal 
according to the published evaluation criteria.
C.  The position of general contractor must be awarded to the lowest responsive and 
eligible bidder. Additional trade contracts, if any, must be awarded to the lowest 
responsive and eligible bidder or bidders.
Sec. 37.  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. 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 Chief Facilities Officer within the 
Department of Administrative and Financial 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 Chief Facilities Officer and 
the Commissioner of Education.
Sec. 38.  5 MRSA §1743-C, sub-§§1 to 4, as enacted by PL 1995, c. 524, §1, are 
amended to read:
1.  Information to potential bidders.  The Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management or the procuring 
agency shall ensure that the bidding documents provided to potential bidders state that 
information concerning the availability of state subcontractors and suppliers, including 
women-owned businesses, is available from the Bureau of General Services Real Estate 
Management or the Department of Economic and Community Development.  The 
statement must indicate that the use of subcontractors and suppliers and women-owned 
businesses in the State in the procurement of its goods and services is encouraged where 
possible.
2.  Notice to businesses.  The Bureau of General Services Real Estate Management 
shall adopt policies to promote the participation by enterprises doing business in this 
State and residents of this State in procurement contracts where possible.  Policies must 
include, but are not limited to, providing for the notification of enterprises doing business 
in this State of opportunities to participate as subcontractors and suppliers on 
procurement contracts in an amount estimated to be equal to or greater than $100,000.
3.  Notice to economic development organizations.  The Bureau of General 
Services Real Estate Management or the procuring state agency shall provide notice of all 
anticipated competitive contracting opportunities to an automated supplier matching 
service identified as appropriate by the Department of Economic and Community 
Development.
4.  Annual education session.  The Bureau of General Services Real Estate 
Management shall sponsor an annual education session on procedures to procure 
contracts with the State.  The Bureau of General Services Real Estate Management shall 
notify business enterprises in this State who have demonstrated an interest in 
opportunities to participate as contractors, subcontractors or suppliers on procurement 
contracts of the time and place of this annual education session.
Sec. 39.  5 MRSA §1745, as amended by PL 2011, c. 691, Pt. B, §12, is further 
amended to read:
§1745.  Advertisement for sealed proposals; bonds
The trustees, commissioners or other persons in charge of any public improvement in 
an amount in excess of $100,000, which is subject to chapters 141 to 155, shall, after 
consultation with the Director of the Bureau of General Services Chief Facilities Officer 
within the Department of Administrative and Financial Services, advertise for sealed 
proposals not less than 2 weeks in such papers as the Governor may direct. The last 
advertisement must be at least one week before the time named in the advertisement for 
the closing of such bids. Sealed proposals for any public improvements must be 
addressed to the trustees, commissioners or such other persons having the construction in 
charge and remain sealed until opened at the time and place stated in the advertisement or 
as the Governor may direct.
If a public improvement has been properly advertised in accordance with this chapter, 
and no proposals have been received from a qualified person who has been bonded in 
accordance with the requirements of Title 14, section 871, the Director of the Bureau of 
General Services Chief Facilities Officer is authorized to accept proposals from persons 
that are not bonded in accordance with the requirements of Title 14, section 871.  The 
Director of the Bureau of General Services Chief Facilities Officer is authorized to set 
reasonable standards to ensure the interest of the State in the consideration of persons 
mentioned in this paragraph.
Sec. 40.  5 MRSA §1746, last ¶, as amended by PL 2011, c. 691, Pt. B, §13, is 
further amended to read:
The Director of the Bureau of General Services Chief Facilities Officer within the 
Department of Administrative and Financial Services may approve contracts with a 
provision for daily financial incentive for projects completed before the scheduled date 
when it can be demonstrated that the early completion will result in a financial savings to 
the owner or to the State.  The financial incentive may not be greater than the projected 
daily rate of savings to the owner or the State.
Sec. 41.  5 MRSA §1747, as amended by PL 2003, c. 589, §1, is further amended 
to read:
§1747.  Questionnaire as prebid qualification
The public official may require, from a firm proposing to bid on public work duly 
advertised, a standard qualification statement and a letter from a licensed bonding 
company confirming that the firm has the financial capacity to perform the work before 
furnishing that person with plans and specifications for the proposed public work 
advertised.
The Director of General Services Chief Facilities Officer, after consultation with the 
appropriate department head or superintendent of schools, may refuse to release plans and 
specifications to a contractor for the purpose of bidding on a project:
1.  Untimely completion.  If, in the opinion of the director Chief Facilities Officer, 
there is evidence the contractor has not completed in a timely manner a prior construction 
project or projects and the resulting noncompletion clearly reflects disregard for the 
completion date and has created a hardship for the owner;
2.  Incomplete work.  If, in the opinion of the director Chief Facilities Officer, there 
is evidence the contractor has a history of inability to complete similar work;
3.  Insufficient resources.  If, in the opinion of the director Chief Facilities Officer, 
there is evidence the contractor does not have sufficient resources to successfully 
complete the work.  The director Chief Facilities Officer 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 1.  In evaluating the resources of a contractor, the 
director Chief Facilities Officer may consider the contractor's prior experience, including 
any significant disparity between the size and type of prior projects and the project or 
projects under consideration;
4.  Misconduct.  If the contractor has been convicted of collusion or fraud or any 
other civil or criminal violation relating to construction projects;
5.  Safety record.  If, in the opinion of the director Chief Facilities Officer, there is 
evidence of a history of inadequate safety performance and lack of formal safety 
procedures;
6.  Material misrepresentation.  If, in the opinion of the director Chief Facilities 
Officer, there is evidence of a material misrepresentation on the contractor's prebid 
qualification statement; or
7.  Termination, suspension, defaults.  If, in the opinion of the director Chief 
Facilities Officer, there is evidence that the contractor through its own fault has been 
terminated, has been suspended for cause, has been debarred from bidding, has agreed to 
refrain from bidding as part of a settlement or has defaulted on a contract or had a 
contract completed by another party.
If a contractor is disqualified for any of the reasons stated in subsection 1, 2, 4, 5, 6 or 
7, the director Chief Facilities Officer may disallow the contractor from bidding on any 
similar public improvements for a period not to exceed one year.
Sec. 42.  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' Chief 
Facilities Officer's 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 Chief Facilities Officer that the contractor has been 
excluded from receiving plans and specifications or the director Chief Facilities Officer 
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 5 calendar days after the contractor's written notice of appeal unless extended by 
the commissioner.  The decision of the commissioner is final and binding.  Any 
contractor who requests a hearing under this section must be allowed to receive plans and 
specifications for a particular duly advertised 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.
Sec. 43.  5 MRSA §1749, 2nd ¶, as amended by PL 1993, c. 49, §1, is further 
amended to read:
If, in the construction of any public work, including buildings, highways, bridges, 
dams and drainage structures that the State does by contract, there arises a dispute 
between the State and the contractor that can not be settled, this dispute must be 
submitted, at the discretion of the Director of the Bureau of General Services Chief 
Facilities Officer, to alternative dispute resolution or to binding arbitration.  Either the 
State or the contractor may, if unsatisfied by the alternative dispute resolution process, 
submit the dispute to binding arbitration.
Sec. 44.  5 MRSA §1751, as amended by PL 1993, c. 606, §1, is further amended 
to read:
§1751.  Employment of a clerk-of-the-works
A clerk-of-the-works must be employed to assist in the inspection of the construction 
of a public improvement when directed by the director Chief Facilities Officer within the 
Department of Administrative and Financial Services.  The clerk shall report directly to 
the professional architect-engineer of record for the project.  In addition, the clerk shall 
provide a report of all correspondence sent or received by the clerk to the owner.  The 
budget for the public improvement must include funding for the clerk.  The clerk must be 
hired through an open advertising and interview process by the owner and the architect-
engineer.  The clerk candidate recommended by the architect-engineer is subject to 
approval by both the owner and the director Chief Facilities Officer before being hired.  
The architect-engineer may terminate or impose disciplinary action on the clerk after 
consultation with the owner.  The clerk must possess qualifications of education and 
experience in construction technology and administration compatible with the needs of 
the public improvement.  The director Chief Facilities Officer may adopt rules relative to 
this section.
Sec. 45.  5 MRSA §1752, as amended by PL 2011, c. 691, Pt. B, §14, is further 
amended to read:
§1752.  Centrally leased space and food vending
The Department of Administrative and Financial Services, Bureau of General 
Services Real Estate Management may establish a dedicated revenue account for the 
management of space leased by the bureau for state offices and facilities.  Charges levied 
to state agencies for centrally leased space must be deposited to the dedicated revenue 
account.  A dedicated revenue account may be established for operations related to food 
vending services.
Sec. 46.  5 MRSA §1753, sub-§§1 and 2, as enacted by PL 1993, c. 606, §2, are 
amended to read:
1.  Representative's relationship to owner.  The owner's representative may be an 
employee of the Department of Administrative and Financial Services, Bureau of General 
Services Real Estate Management, an employee of the owner or an independent 
contractor.  The owner's representative's responsibility is to act as an advisor to the 
owner.  
It is the responsibility of the owner's representative to facilitate open 
communications among all parties, to help to avoid adversarial interactions and to 
promote a sense of trust and teamwork in order to accomplish the smooth execution of 
the project and to see that the project is completed at the lowest possible cost and highest 
degree of quality and workmanship that are consistent with the plans and specifications 
for the project.
2.  Owner's representative qualifications.  The owner's representative must be hired 
by the owner through an open advertising and interview process and is subject to final 
approval by the Director of the Bureau of General Services Chief Facilities Officer within 
the Department of Administrative and Financial Services.
Sec. 47.  5 MRSA §1753, sub-§3, ¶B, as enacted by PL 1993, c. 606, §2, is 
amended to read:
B.  Provide guidance to the owner in the selection of an architect or an engineer in 
accordance with the architect and engineering services procurement process as 
administered by the Department of Administrative and Financial Services, Bureau of 
General Services Real Estate Management;
Sec. 48.  5 MRSA §1753, sub-§5, as amended by PL 1997, c. 186, §1, is further 
amended to read:
5.  Report required.  A school unit employing an owner's representative under this 
section shall provide a report to the Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management describing the effectiveness of an 
owner's representative to a project.  The Bureau of General Services Real Estate 
Management shall provide the joint standing committee of the Legislature having 
jurisdiction over state and local government matters with an annual report on the 
employment of an owner's representative, including the written comments from each 
school unit that has chosen to employ an owner's representative under this section.
Sec. 49.  5 MRSA §1762-A, first ¶, as amended by PL 2011, c. 691, Pt. B, §15, is 
further amended to read:
After January 1, 1992, unless otherwise required by law, or for reasons of health or 
safety, the Department of Administrative and Financial Services, Bureau of General 
Services Real Estate Management and the following departments and agencies may not 
purchase or install any faucet, shower head, toilet or urinal that is not a low-flow faucet, a 
low-flow shower head, a water-saving toilet or a water-saving urinal:
Sec. 50.  5 MRSA §1762-A, sub-§1, as enacted by PL 1991, c. 246, §1, is 
amended to read:
1.  
Bureau of Business Management.  
The Bureau of Purchases Business 
Management under chapter 155;
Sec. 51.  5 MRSA §1762-A, last ¶, as amended by PL 2011, c. 691, Pt. B, §15, is 
further amended to read:
By January 1, 1992, the The Bureau of General Services Real Estate Management 
shall adopt rules defining a "low-flow faucet," a "low-flow shower head," a "water-saving 
toilet" and a "water-saving urinal" that minimize water use to the maximum extent 
economically and technologically feasible.
Sec. 52.  5 MRSA §1763, last ¶, as amended by PL 1997, c. 541, §1, is further 
amended to read:
In the event of an emergency such as a building destroyed by fire, this requirement 
may be waived by the Department of Administrative and Financial Services, Bureau of 
General Services Real Estate Management.
Sec. 53.  5 MRSA §1764, sub-§1, as amended by PL 1997, c. 541, §2, is further 
amended to read:
1.  Bureau of Real Estate Management to adopt rules and procedures.  The 
Department of Administrative and Financial Services, Bureau of General Services Real 
Estate Management shall adopt rules, including energy conservation guidelines that 
conform as a minimum to the energy efficiency building performance standards adopted 
by the Department of Economic and Community Development for conducting an energy-
related life-cycle costs analysis of alternative architectural or engineering designs, or 
both, and shall evaluate the efficiency of energy utilization for designs in the construction 
and lease of public improvements and public school facilities. Any rules adopted take 
effect 90 days after the enactment of this subchapter.
Sec. 54.  5 MRSA §1764, sub-§2, ¶B, as amended by PL 1997, c. 541, §2, is 
further amended to read:
B.  The reasonable energy-related costs of probable maintenance, including labor and 
materials and operation of the building, replacement costs over the expected life of 
the facility and any other ownership cost issues identified by the Bureau of General 
Services Real Estate Management; and
Sec. 55.  5 MRSA §1764, sub-§2, ¶C, as enacted by PL 1997, c. 541, §2, is 
amended to read:
C.  A comparison of energy-related and economic-related design alternatives.  The 
Bureau of General Services Real Estate Management may direct the designer to 
select, include and develop life-cycle costs for any viable alternatives that should be 
considered.
Sec. 56.  5 MRSA §1764, sub-§3, as amended by PL 2007, c. 671, §§1 to 3, is 
further amended to read:
3.  Determination of life-cycle costs.  To determine the life-cycle costs, the Bureau 
of General Services Real Estate Management shall adopt rules that include but are not 
limited to: 
A.  The orientation and integration of the facility with respect to its physical site;
B.  The amount and type of glass employed in the facility and the directions of 
exposure;
C.  The effect of insulation incorporated into the facility design and the effect on 
solar utilization to the properties of external surfaces;
D.  The variable occupancy and operating conditions of the facility and subportions 
of the facility; 
E.  Energy consumption analysis of the major equipment of the facility's heating, 
ventilating and cooling system, lighting system, hot water system and all other major 
energy-consuming equipment and systems as appropriate. This analysis must include:
(1)  The comparison of alternative systems; 
(2)  A projection of the annual energy consumption of major energy-consuming 
equipment and systems for a range of operations of the facility over the life of the 
facility; and 
(3)  The evaluation of the energy consumption of component equipment in each 
system, considering operation of the components at other than full or rated 
outputs; and
F.  
The cost-effectiveness of integrating wind or solar electricity generating 
equipment into the design and construction of the facility.
Sec. 57.  5 MRSA §1764-A, sub-§2, as amended by PL 2011, c. 420, Pt. A, §3, is 
further amended to read:
2.  Rules.  The Department of Administrative and Financial Services, Bureau of 
General Services Real Estate Management, in consultation with the Public Utilities 
Commission, shall by rule require that all planning and design for the construction of new 
or substantially renovated state-owned or state-leased buildings and buildings built with 
state funds, including buildings funded through state bonds or the Maine Municipal Bond 
Bank:
A.  Involve consideration of architectural designs and energy systems that show the 
greatest net benefit over the life of the building by minimizing long-term energy and 
operating costs;
B.  Include an energy-use target that exceeds by at least 20% the energy efficiency 
standards in effect for commercial and institutional buildings pursuant to former Title 
10, section 1415-D; and
C.  Include a life-cycle cost analysis that explicitly considers cost and benefits over a 
minimum of 30 years and that explicitly includes the public health and environmental 
benefits associated with energy-efficient building design and construction, to the 
extent they can be reasonably quantified.
Rules adopted pursuant to this section apply to all new or substantially renovated state-
owned or state-leased buildings and buildings built with state funds, including buildings 
funded through state bonds or the Maine Municipal Bond Bank, regardless of whether the 
planning and design for construction is subject to approval by the department.
Rules adopted pursuant to this section may provide for exemptions, waivers or other 
appropriate consideration for buildings with little or no energy usage, such as unheated 
sheds or warehouses.
The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 58.  5 MRSA §1766, first and 4th ¶¶, as amended by PL 2011, c. 691, Pt. 
B, §16, are further amended to read:
For the purposes of the installation, development or operation of any energy 
production improvement at or in connection with a state facility, and notwithstanding any 
other provision of law, any department or agency of the State, subject to approval of the 
Department of Administrative and Financial Services, Bureau of General Services Real 
Estate Management, may enter into an agreement with a private party under which the 
private party may, for consideration, lease or otherwise acquire property interest, 
exclusive of ownership in fee, in land, buildings or other existing heating facilities and 
right of access thereto; as long as any improvement to the land, buildings or other existing 
heating facility installed, erected, owned, developed or operated by the private party 
utilizes biomass, solid waste or some combination of biomass and solid waste for at least 
50% of its total energy input.  The duration of the agreement may not exceed 20 years.
Any department or agency of the State, subject to approval by the Bureau of General 
Services Real Estate Management, at the termination of the agreement with the private 
party pursuant to this section, may acquire, operate and maintain the improvement, may 
renew the agreement with the private party or may make an agreement with another 
private party to operate and maintain the improvement.
Sec. 59.  5 MRSA §1767, first and 2nd ¶¶, as amended by PL 2007, c. 539, Pt. 
O, §1, are further amended to read:
Any department or agency of the State, subject to approval of the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management, may enter into an agreement with a private party such as an energy service 
or 3rd-party financing company for the design, installation, operation, maintenance and 
financing of energy conservation improvements at state facilities.
Any department or agency of the State, subject to approval by the Bureau of General 
Services Real Estate Management, at the termination of the agreement with the private 
party pursuant to this section, may acquire, operate and maintain the improvement, may 
renew the agreement with the private party or may make an agreement with another 
private party to operate and maintain the improvement.
Sec. 60.  5 MRSA §1767, last ¶, as enacted by PL 2007, c. 539, Pt. O, §1, is 
amended to read:
The Bureau of General Services Real Estate Management on behalf of any 
department or agency of the State is authorized to enter into agreements with private 
parties to study, plan, design, install, operate, maintain, finance and secure other services 
as may be necessary for the delivery of energy conservation projects at state facilities and 
projects to generate or cogenerate energy at state facilities for use on site and elsewhere.  
Nothing in this section may be construed to compel the Bureau of General Services Real 
Estate Management to enter into such agreements.  An agreement made subject to this 
section must be submitted to the Legislature for approval through the usual budget 
procedure if the agreement would require a new expenditure beyond existing 
appropriations or allocations.
Sec. 61.  5 MRSA §1768, as amended by PL 2011, c. 691, Pt. B, §17, is further 
amended to read:
§1768.  Shared savings program; state agencies
The Department of Administrative and Financial Services, Bureau of General 
Services Real Estate Management shall develop an energy efficiency incentive program 
in which an eligible department or agency of the State may retain a portion of any 
first-year energy cost savings demonstrably attributable to energy efficiency 
improvements undertaken by that department or agency.  A condition of the program is 
that the portion of energy cost savings not retained by the department or agency must be 
credited to the General Fund.  The bureau shall submit the proposed program to the joint 
standing committee of the Legislature having jurisdiction over state and local government 
matters by January 1, 1992.
Sec. 62.  5 MRSA §1769, sub-§2, ¶C, as amended by PL 2011, c. 691, Pt. B, 
§18, is further amended to read:
C.  The Director of the Bureau of General Services Chief Facilities Officer within the 
Department of Administrative and Financial Services ensures that consideration is 
given to minimizing glare and light trespass.
Sec. 63.  5 MRSA §1769, sub-§3, ¶B, as amended by PL 2011, c. 691, Pt. B, §19, 
is further amended to read:
B.  The Director of the Bureau of General Services Chief Facilities Officer within the 
Department of Administrative and Financial Services determines that there is a 
compelling safety interest that can not be addressed by any other method.
Sec. 64.  5 MRSA §1782, sub-§3, as amended by PL 2001, c. 525, §1, is repealed.
Sec. 65.  5 MRSA §1783, as amended by PL 2001, c. 525, §2, is further amended 
to read:
§1783.  Lease of state-owned facilities
The director Chief Facilities Officer shall negotiate and have final approval of any 
lease or rental contract for all or a portion of any available state-owned building or 
facility. No available state-owned facility or building may be leased except as provided in 
this section, Title 12, Title 23, Title 30, chapter 233, and Resolve 1986, chapter 68.
1.  Unused state facilities. In the event that an agency of jurisdiction finds that it has 
no need for an available facility, for a period of at least one year, the director Chief 
Facilities Officer may lease the available facility.
2.  State agencies to be given priority. In providing for the lease of an available 
facility, the director Chief Facilities Officer shall first offer the available facility to state 
agencies in the following order: 
A.  State agencies or sub-units of state agencies which are not located in state-owned 
facilities; and
B.  State agencies located in state-owned facilities.
3.  Lease of state-owned facilities to other organizations. In the event that no state 
agency leases the available facility as provided in subsections 1 and 2, the director Chief 
Facilities Officer, with the approval of the commissioner or director of the agency of 
jurisdiction, may, by competitive bid, offer to lease the facility to any other organization. 
A.  Whenever the director Chief Facilities Officer offers to lease the available facility 
pursuant to this subsection, the director Chief Facilities Officer shall offer the lease to 
only those types of organizations that the agency of jurisdiction finds to be 
compatible with or conducive to the operation and services of the agency of 
jurisdiction.
B.  Notwithstanding this subsection, the director Chief Facilities Officer may lease an 
available facility or portion of an available facility to a type of organization described 
in paragraph A without competitive bidding if:
(1)  A total of 2,500 square feet or less in the available facility is unused and 
therefore available for lease; or
(2)  The space leased is limited to 50% or less of the available facility up to a 
total of 20,000 square feet.
4.  Standards. In offering a lease under the provisions of subsection 3, the director 
Chief Facilities Officer shall include standards and conditions in the lease as determined 
by the commissioner or director of the agency of jurisdiction which that, at a minimum, 
include the following: 
A.  The types of uses compatible with and conducive to the activities of the agency of 
jurisdiction; and
B.  The types of activities in which the lessee may engage which, at a minimum, shall 
include the following: 
(1)  Any services or programs that the lessee is required to provide or offer; 
(2)  Termination of lease provisions, to include 60-day notice by either the State 
or the lessee; 
(3)  Capital improvements to be made or equipment to be provided by the lessee; 
(4)  The length of the lease not to exceed 2 years, except when the director Chief 
Facilities Officer, with the approval of the commissioner or director of the 
agency of jurisdiction, finds that a longer term lease will accrue benefit to the 
State; 
(5)  Following notice as provided in this subsection, termination of the lease by 
the State to accommodate the needs of a state agency; and 
(6)  Any other provisions deemed necessary by the agency of jurisdiction or the 
director Chief Facilities Officer.
Sec. 66.  5 MRSA §§1784 and 1785, as enacted by PL 1985, c. 758, §1, are 
amended to read:
§1784.  Rent and fees
In providing a lease under this chapter, the director Chief Facilities Officer shall 
require payment of fees or charges that, at a minimum, cover the costs of utilities, 
including heat, custodial services and any other costs generated by the lessee. In addition, 
a monthly rental fee shall must be charged to the user which that need not necessarily be 
the current rate charged in the private sector for similar facilities.
1.  Provision of services to the State. If the lessee provides services or assistance to 
the State at no charge or at significantly reduced charges or the lessee provides in-kind 
contributions, the monthly rental fee may be reduced or waived by mutual agreement of 
the director Chief Facilities Officer and the commissioner or director of the agency of 
jurisdiction.
§1785.  Adoption of rules
1.  Rules of implementation. The director Chief Facilities Officer shall adopt rules 
to implement this chapter. At a minimum, these rules shall must include: 
A.  Provisions for offering available state facilities to state agencies;
B.  Provisions for offering, by competitive bidding, available facilities to other 
organizations;
C.  Standards for determining user created costs to state agencies for use of state-
owned facilities to be reimbursed to the State; and
D.  Standards for determining rental fees based on the location of the facilities, 
accessibility, local market rates, services or in-kind contributions provided by the 
user or lessee and any other standards deemed necessary by the director Chief 
Facilities Officer.
Sec. 67.  5 MRSA §1811, first ¶, as amended by PL 1991, c. 780, Pt. Y, §61, is 
further amended to read:
The Department of Administrative and Financial Services, through the Bureau of 
General Services Business Management, has authority:
Sec. 68.  5 MRSA §1811, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §62, is 
repealed and the following enacted in its place:
1.  Purchases.  To purchase all services, supplies, materials and equipment required 
by State Government or by any department or agency thereof, subject to chapters 141 to 
155.  The Chief Procurement Officer may establish dates by which departments and 
agencies of State Government must order standard forms that each department or agency 
requires and may determine the quantity of each standard form to be printed in order to 
obtain savings resulting from volume purchasing;
Sec. 69.  5 MRSA §1811, sub-§8, as amended by PL 2005, c. 12, Pt. T, §8, is 
further amended to read:
8.  Cooperative purchasing.  To permit any political subdivision or school 
administrative district in the State or nonprofit free health care clinic that provides free 
primary or preventative services to make purchases of foodstuffs, materials, equipment 
and supplies through the Bureau of General Services Business Management, subject to 
such procedures, and rules and regulations as may be prescribed by the director Chief 
Procurement Officer. This subsection applies to a municipality notwithstanding any 
provision in its municipal charter to the contrary;
Sec. 70.  5 MRSA §1811, sub-§11, as enacted by PL 2005, c. 12, Pt. T, §10, is 
amended to read:
11.  Motor vehicle replacement policy.  To require that requisitions for replacement 
motor vehicles include the age and total mileage of the motor vehicles being replaced.  
For the purposes of this subsection, "motor vehicles" means passenger cars and panel and 
pickup trucks, excluding those vehicles authorized and assigned for pursuit purposes.  
Under no circumstances are any state vehicles to be used for commuting purposes.  It is 
the intent of the Legislature that motor vehicles be in service for at least 5 years or 75,000 
miles, whichever occurs first, before they are replaced.  This policy must also be adopted 
by the State Budget Officer when preparing a budget document.  Exceptions to this 
replacement policy require the prior approval of the Commissioner of Administrative and 
Financial Services.  The Commissioner of Administrative and Financial Services may 
also set appropriate standards with regard to motor vehicle type, size and equipment and 
direct that all motor vehicles be purchased in accordance with a commodity calendar 
established by the Director of the Bureau of General Services Chief Procurement Officer.
Sec. 71.  5 MRSA §1812, first and 3rd ¶¶, as amended by PL 1991, c. 780, Pt. 
Y, §67, are further amended to read:
The terms "services," "supplies," "materials" and "equipment" as used in this chapter 
mean any and all services, articles or things that are used by or furnished to the State or 
any department or agency thereof, and any and all printing, binding, publication of laws, 
journals and reports. Except as provided in chapters 141 to 155, any and all services, 
supplies, materials and equipment needed by one or more departments or agencies of the 
State Government must be directly purchased or contracted for by the Director of the 
Bureau of General Services Chief Procurement Officer, as may be determined from time 
to time by rules adopted pursuant to chapters 141 to 155, which rules the Department of 
Administrative and Financial Services is authorized and empowered to make. It is the 
intent and purpose of this chapter that the Director of the Bureau of General Services 
Chief Procurement Officer purchase collectively all services, supplies, materials and 
equipment for the State or any department or agency thereof in a manner that will best 
secure the greatest possible economy consistent with the grade or quality of the services, 
supplies, materials and equipment best adapted for the purposes for which they are 
needed. Whenever supplies and materials are available for purchase that are composed in 
whole or in part of recycled materials and are shown by the seller, supplier or 
manufacturer to be equal in quality and are competitively priced, except for paper and 
paper products, the Director of the Bureau of General Services Chief Procurement Officer 
shall purchase such recycled supplies and materials.  The Director of the Bureau of 
General Services Chief Procurement Officer shall also review procurement procedures 
and bid specifications for the purchase of products and materials to ensure, to the 
maximum extent feasible, the purchase of products or materials that are made with 
recycled materials or may be recycled or reused once discarded.  For the purposes of this 
section and section 1812-B, "recycled materials" means materials that are composed in 
whole or in part of elements that are reused or reclaimed.
The word "services," when used in this chapter, means any and all window cleaning 
services, elevator repair and maintenance services, laundry service, linen supply service, 
dry cleaning service, janitor service, floor maintenance service, rubbish and garbage 
disposal service, tree surgeon service, all types of office machine repair and maintenance 
service, exterminator service, refrigerator repair and maintenance service and oil burner 
repair and maintenance service when any such service is performed by an independent 
contractor. The Director of the Bureau of General Services Chief Procurement Officer 
may, with the approval of the Commissioner of Administrative and Financial Services 
add to or eliminate from the various types of service set forth in this paragraph such 
services performed by independent contractors as may be considered by the director 
Chief Procurement Officer to be in the best interests of the State.
Sec. 72.  5 MRSA §1812-A, as amended by PL 1989, c. 585, Pt. C, §2, is further 
amended to read:
§1812-A.  Report on purchase of recycled products
The State Purchasing Agent Chief Procurement Officer shall report on or before 
January 1st of the First Regular Session of each Legislature to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters on the 
State's efforts to purchase supplies and materials composed in whole or in part of recycled 
materials.  The State Purchasing Agent Chief Procurement Officer shall also report on 
any procurement policies, incentives, educational programs, promotional efforts or other 
activities undertaken by the Department of Administrative and Financial Services, Bureau 
of Purchases Business Management to encourage the purchase of those supplies and 
materials.  The State Purchasing Agent Chief Procurement Officer shall include in the 
report any recommendations to increase or facilitate the purchase of those supplies and 
materials.
Sec. 73.  5 MRSA §1812-B, as enacted by PL 1989, c. 585, Pt. C, §3, is amended 
to read:
§1812-B.  Purchasing of paper and paper products
1.  Purchase of paper and paper products with recycled material content.  
Subject to subsection 3, the State Purchasing Agent Chief Procurement Officer shall 
provide that of the total dollar amount spent in each fiscal year on paper and paper 
products purchased by the State:
A.  On or after October 1, 1989, not less than 15% shall be spent on paper and paper 
products with recycled material content;
B.  On or after October 1, 1991, not less than 30% shall be spent on paper and paper 
products with recycled material content; and
C.  On or after October 1, 1993, not less than 50% shall be spent on paper and paper 
products with recycled material content.
2.  Federal guidelines and cooperative purchases.  To qualify as having recycled 
material content, paper or paper products must have recycled material content which that 
meets or exceeds the standards established for that paper or paper product category in 
Table 1 of the Guideline for Federal Procurement of Paper and Paper Products, 40 Code 
of Federal Regulations, Part 250 the United States Environmental Protection Agency 
comprehensive procurement guidelines.  The State Purchasing Agent Chief Procurement 
Officer shall determine whether a paper or paper product qualifies.  The State Purchasing 
Agent Chief Procurement Officer may join with other states in making cooperative 
requests for bids to supply paper and paper products.
3.  Bids; price preference.  A person who submits a bid for a contract to supply 
paper or paper products shall certify the percentage and nature of any recycled materials 
content in the product subject to bid.  Bids offering paper or paper products with recycled 
material content that are within 10% of the lowest bid that meets all other specifications 
may receive up to a 10% price preference.  Any bids to supply paper or paper products 
with recycled material content that exceed by more than 10% the low bid which that 
meets all other specifications shall may not be considered.  If no bids are received on a 
request for bids which that offer paper or paper products with recycled material content, 
the State Purchasing Agent Chief Procurement Officer may award the contract to a bidder 
whose paper or paper product has substandard percentages of or no recycled materials 
content.
Sec. 74.  5 MRSA §1812-D, as enacted by PL 1989, c. 585, Pt. C, §3 and amended 
by PL 2011, c. 657, Pt. W, §5, is further amended to read:
§1812-D.  Coordination of procurement information and policies
The Department of Administrative and Financial Services, Bureau of Purchases 
Business Management shall coordinate with the Department of Transportation, the 
Department of Agriculture, Conservation and Forestry, and the Department of 
Environmental Protection and the Office of Waste Reduction and Recycling to develop a 
central data base of information including, but not limited to, procurement policies, 
market information, technical data and demonstration project results.  This data shall 
must be compiled annually and provided to local public agencies by the Office of Waste 
Reduction and Recycling Department of Environmental Protection.
Sec. 75.  5 MRSA §1812-E, first ¶, as enacted by PL 1991, c. 207, is amended to 
read:
Except for cars and light duty trucks purchased for law enforcement and other special 
use purposes as designated by the State Purchasing Agent Chief Procurement Officer, the 
State Purchasing Agent Chief Procurement Officer may not purchase or lease any car or 
light duty truck for use by the State or any department or agency of the State unless:
Sec. 76.  5 MRSA §1813, as amended by PL 2005, c. 386, Pt. H, §8, is further 
amended to read:
§1813.  Rules
The Director of the Bureau of General Services Chief Procurement Officer, with the 
approval of the Commissioner of Administrative and Financial Services, may adopt, 
modify or abrogate rules for the following purposes:
1.  Direct purchases.  Authorizing any state department or agency to purchase 
directly certain specified services, supplies, materials and equipment, limiting their 
powers in relation thereto, and describing the manner in which purchases shall are to be 
made;
2.  Purchase and distribution of supplies. Prescribing the manner in which the 
supplies, materials and equipment shall are to be purchased, delivered, stored and 
distributed;
3.  Monthly reports. Requiring monthly reports by state departments or agencies of 
stocks of supplies, materials and equipment on hand and prescribing the form of such 
reports;
4.  Requisitions and estimates. Prescribing the dates for making requisitions and 
estimates, the periods for which they are to be made, the form thereof and the manner of 
authentication;
5.  Inspection and tests. Prescribing the manner of inspecting all deliveries of 
supplies, materials and equipment, and making chemical and physical tests of samples 
submitted with bids and samples from deliveries;
6.  Surplus property.  Providing for transfer of supplies, materials and equipment 
that are surplus from one state department or agency to another that may need them, and 
for the disposal by private and public sale of supplies, materials and equipment that are 
obsolete and unusable.  Political subdivisions, educational institutions, fire departments 
or qualifying nonprofit organizations as defined in section 1828, subsection 1, must be 
given an opportunity to purchase the surplus items through private sale.  If 2 or more 
political subdivisions, educational institutions, fire departments or qualifying nonprofit 
organizations are interested in any item, the sale must be the result of competitive bid. 
Any equipment so purchased must be retained for a period of at least one year in a current 
ongoing program. Any item purchased by a political subdivision, educational institution, 
fire department or qualifying nonprofit organization under this section may not be sold or 
transferred by that political subdivision, educational institution, fire department or 
qualifying nonprofit organization for a period of 6 months from the date of the private 
sale, except that a qualifying nonprofit organization that contracts with the Department of 
Health and Human Services to provide vehicles to low-income families may resell a 
passenger vehicle or light truck purchased in the private sale to a low-income family to 
assist it in participating in work, education or training pursuant to the qualifying nonprofit 
organization's contract with the Department of Health and Human Services.  The State 
reserves the right to refuse to sell additional equipment to a political subdivision, 
educational institution, fire department or qualifying nonprofit organization if it is 
determined that the political subdivision, educational institution, fire department or 
qualifying nonprofit organization has not retained the equipment for the required period 
of 6 months;
7.  Deposit or bond with bids. Prescribing the amount of deposit or bond to be 
submitted with a bid on a contract and the amount of bond to be given for the faithful 
performance of a contract; and
8.  Other matters. Providing for such other matters as may be necessary to give 
effect to the foregoing rules and to chapters 141 to 155.
Sec. 77.  5 MRSA §1813-B, as enacted by PL 2015, c. 345, §1, is amended to 
read:
§1813-B.  Cost-savings information available through the Internet
The Director of the Bureau of General Services Chief Procurement Officer 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, the cost-savings information must, where 
applicable, include projected savings of the contract over the State's costs of providing the 
same service and include the amount of savings over the previous contractor's contract. 
For a contract with a contractor renewing or extending a contract for the first time, the 
cost-savings information must, where applicable, include details of cost-savings cost 
savings for the expiring contract over the previous contractor's costs and details of 
continued cost-savings cost savings at or below costs in the current contract adjusted for 
inflation. For a contract with a contractor renewing or extending a contract beyond a first 
renewal or extension, the cost-savings information must include details on continued 
cost-savings cost savings at or below costs in the current contract adjusted for inflation. 
The Director of the Bureau of General Services Chief Procurement Officer shall 
coordinate with all departments and agencies in the State to ensure the collection of the 
cost-savings information described in this section. The Director of the Bureau of General 
Services Chief Procurement Officer, with the approval of the Commissioner of 
Administrative and Financial Services, shall establish by rule practices and procedures to 
make the cost-savings information available on the department's publicly accessible site 
on the Internet. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 78.  5 MRSA §1815 is amended to read:
§1815.  Requisitions required
Except as otherwise provided in chapters 141 to 155 and the rules and regulations 
adopted hereunder, services, supplies, materials and equipment shall may be purchased 
by or furnished to the State Government or any department or agency thereof only upon 
requisition to the State Purchasing Agent Chief Procurement Officer. The State 
Purchasing Agent Chief Procurement Officer, or his the Chief Procurement Officer's 
authorized representative, shall examine each requisition submitted to him the Chief 
Procurement Officer by any department or agency of the State Government and may 
revise it as to quantity, quality or estimated cost after consultation with the department or 
agency concerned.
Sec. 79.  5 MRSA §1816-A, sub-§2, ¶I, as enacted by PL 2003, c. 501, §1 and 
affected by §3, is amended to read:
I.  An equivalent basis for cost comparison between state employee and private 
contractor provision of services is calculated, as established by rules adopted by the 
State Purchasing Agent Chief Procurement Officer pursuant to section 1825-B, 
subsection 11, and it is determined that the private contractor provides the best value.
Sec. 80.  5 MRSA §1817, as amended by PL 2015, c. 102, §8, is further amended 
to read:
§1817.  Printing of laws
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 State 
Purchasing Agent Chief Procurement Officer, who shall contract for the printing, binding 
and delivery to the State of a sufficient number of volumes to meet the needs of the State 
and for sale as provided.
Sec. 81.  5 MRSA §1818 is amended to read:
§1818.  Deliveries
Supplies, materials and equipment, purchased or contracted for by the State 
Purchasing Agent Chief Procurement Officer, shall must be delivered by him the Chief 
Procurement 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. 
Sec. 82.  5 MRSA §1819 is amended to read:
§1819.  Unlawful purchases
Whenever any department or agency of the State Government, required by chapters 
to 155 and rules and regulations adopted pursuant thereto, applying to the purchase 
of services, supplies, materials or equipment through the State Purchasing Agent Chief 
Procurement Officer, shall contract contracts for the purchase of such services, supplies, 
materials or equipment contrary to chapters 141 to 155 or the rules and regulations made 
hereunder, such the contract shall be is void and have has no effect. If any such 
department or agency purchases any services, supplies, materials or equipment contrary 
to chapters 141 to 155 or rules and regulations made hereunder, the head of such the 
department or agency shall be is personally liable for the costs thereof, and if such 
services, supplies, materials or equipment are so unlawfully purchased and paid for out of 
state moneys money, the amount thereof may be recovered in the name of the State in an 
appropriate action instituted therefor. 
Sec. 83.  5 MRSA §1825-A, sub-§§2 and 3, as enacted by PL 1989, c. 785, §2, 
are amended to read:
2.  Approved equal.  "Approved equal" means any goods or service other than 
specified in the bid proposal that in the opinion of the State Purchasing Agent Chief 
Procurement Officer is equivalent in character, quality and performance to the goods or 
service specified in the bid proposal.
3.  Competitive bidding.  "Competitive bidding" means the transmission of a written 
proposal or invitation to bid to at least 3 responsible suppliers that is to be replied to at a 
stated time.  In obtaining competitive bids, if the State Purchasing Agent Chief 
Procurement Officer finds that 3 responsible bidders are not available, the State 
Purchasing Agent Chief Procurement Officer may make such exceptions to this 
subsection as are in the best interests of the State.
Sec. 84.  5 MRSA §1825-B, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §70, 
is further amended to read:
1.  Purchases by competitive bidding.  The Director of the Bureau of General 
Services Chief Procurement Officer 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 grade or quality of the goods or 
services.  Except as otherwise provided by law, the Director of the Bureau of General 
Services Chief Procurement Officer shall make purchases of goods or services needed by 
the State or any department or agency of the State through competitive bidding.
Sec. 85.  5 MRSA §1825-B, sub-§2, as amended by PL 2011, c. 555, §1, is 
further amended to read:
2.  Waiver.  The requirement of competitive bidding may be waived by the Director 
of the Bureau of General Services Chief Procurement Officer when:
A.  The procurement of goods or services by the State for county commissioners 
pursuant to Title 30-A, section 124, involves the expenditure of $2,500 or less, and 
the interests of the State would best be served;
B.  The Director of the Bureau of General Services Chief Procurement Officer is 
authorized by the Governor or the Governor's designee to make purchases without 
competitive bidding because in the opinion of the Governor or the Governor's 
designee an emergency exists that requires the immediate procurement of goods or 
services;
C.  After reasonable investigation by the Director of the Bureau of General Services 
Chief Procurement Officer, it appears that any required unit or item of supply, or 
brand of that unit or item, is procurable by the State from only one source;
D.  It appears to be in the best interest of the State to negotiate for the procurement of 
petroleum products;
E.  The purchase is part of a cooperative project between the State and the University 
of Maine System, the Maine Community College System, the Maine Maritime 
Academy or a private, nonprofit, regionally accredited institution of higher education 
with a main campus in this State involving:
(1)  An activity assisting a state agency and enhancing the ability of the 
university system, community college system, Maine Maritime Academy or a 
private, nonprofit, regionally accredited institution of higher education with a 
main campus in this State to fulfill its mission of teaching, research and public 
service; and
(2)  A sharing of project responsibilities and, when appropriate, costs;
F.  The procurement of goods or services involves expenditures of $10,000 or less, in 
which case the Director of the Bureau of General Services Chief Procurement Officer 
may accept oral proposals or bids; or
G.  The procurement of goods or services involves expenditures of $10,000 or less, 
and procurement from a single source is the most economical, effective and 
appropriate means of fulfilling a demonstrated need.
Sec. 86.  5 MRSA §1825-B, sub-§§3 and 4, as amended by PL 1991, c. 780, Pt. 
Y, §70, are further amended to read:
3.  Report.  By January 15th of each year the Director of the Bureau of General 
Services Chief Procurement Officer shall submit to the joint standing committee of the 
Legislature having jurisdiction over state and local government matters a report 
concerning any waivers from the competitive bidding provisions established in subsection 
2, paragraph E.
4.  Registry of suppliers.  Suppliers desiring to have their names entered on a 
registry of suppliers must submit a request to the Director of the Bureau of General 
Services Chief Procurement Officer in writing.  The Director of the Bureau of General 
Services Chief Procurement Officer may prescribe the manner and form in which such a 
request must be submitted and may limit the number of names of out-of-state bidders on 
any registry.  The name of any supplier entered in such a registry who fails to submit a 
bid on 3 consecutive proposals or invitations to bid may be removed from the registry at 
the discretion of the Director of the Bureau of General Services Chief Procurement 
Officer, except that the Department of Corrections remains on any registry until the 
Department of Corrections requests that the department be removed from that registry.
Sec. 87.  5 MRSA §1825-B, sub-§§6 to 9, as amended by PL 2015, c. 179, §2, 
are further amended to read:
6.  Record of bids.  Each bid, with the name of the bidder, must be entered on a 
record.  Each record, with the successful bid indicated, must be open to public inspection 
after the letting of the contract or grant.  A bond for the proper performance of each 
contract or grant may be required of each successful bidder at the discretion of the 
Director of the Bureau of General Services Chief Procurement Officer, with the approval 
of the Commissioner of Administrative and Financial Services.
7.  
Awards to best-value bidder.  
Except as otherwise provided by law, 
competitively awarded orders, grants or contracts made by the Director of the Bureau of 
General Services Chief Procurement Officer or by any department or agency of the State 
must be awarded to the best-value bidder, taking into consideration the qualities of the 
goods or services to be supplied, their conformity with the specifications, the purposes for 
which they are required, the date of delivery and the best interest of the State.  If the 
bidder that was initially awarded the order, grant or contract does not perform, the 
Director of the Bureau of General Services Chief Procurement Officer may cancel the 
order, grant or contract and award a new order, grant or contract to the 2nd best-value 
bidder.  The order, grant or contract may not be awarded to a bidder that the Director of 
the Bureau of General Services Chief Procurement Officer determined was not in 
compliance at the time the initial bid was submitted.
8.  Tie bids.  The Director of the Bureau of General Services Chief Procurement 
Officer shall award contracts, grants or purchases to in-state bidders or to bidders offering 
commodities produced or manufactured in the State if the price, quality, availability and 
other factors are equivalent.
9.  Determination of best-value bidder.  In determining the best-value bidder, the 
Director of the Bureau of General Services Chief Procurement Officer or any department 
or agency of the State shall, for the purpose of competitively awarding a contract or grant, 
add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of 
the preference given to that bidder in the state in which the bidder resides.
Sec. 88.  5 MRSA §1825-B, sub-§10, as amended by PL 1997, c. 263, §2, is 
further amended to read:
10.  List of state preferences published.  The Director of the Bureau of General 
Services Chief Procurement Officer on or before January 1st of each year shall publish a 
list of states that give preference to in-state bidders with the percent increase applied in 
each such state.  The Director of the Bureau of General Services Chief Procurement 
Officer or any department or agency of the State may rely on the names of states and 
percentages as published in determining the best-value bidder without incurring any 
liability to any bidder.
Sec. 89.  5 MRSA §1825-B, sub-§11, as amended by PL 2015, c. 179, §2, is 
further amended to read:
11.  Rulemaking; unfair competition.  State departments and agencies may not 
achieve cost savings due to cost differentials that derive from a bidder's failure to provide 
health and retirement benefits to its employees.  The State Purchasing Agent Chief 
Procurement Officer shall adopt rules governing the purchase of services and the 
awarding of grants or contracts for personal services to establish a basis for bid price and 
cost comparison among businesses that provide health and retirement benefits to their 
employees and those that do not provide these benefits.  The rules must include a 
methodology for calculating bid price and cost differentials for services provided by 
businesses and state employees due to the provision of health and retirement benefits for 
employees.  The rules must adjust the bid prices to establish an equivalent basis for bid 
price and cost comparison among businesses when awarding contracts or grants and 
between businesses and state employees when determining whether or not a contract or 
grant is permitted under section 1816-A.  These rules must apply to all state departments 
and agencies.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in chapter 375, subchapter 2-A.
Sec. 90.  5 MRSA §1825-B, sub-§12, as enacted by PL 2007, c. 193, §1, is 
amended to read:
12.  Vendor's fee.  The State Purchasing Agent Chief Procurement Officer may 
collect a fee in an amount equal to 1% of the bid from a supplier of apparel, footwear or 
textiles with a winning bid under this section.  The State Purchasing Agent Chief 
Procurement Officer shall apply the fee under this subsection to the costs of 
implementing and administering the state purchasing code of conduct under section 
1825-L, including developing a consortium to monitor and investigate alleged violations 
of the code of conduct.  The State Purchasing Agent Chief Procurement Officer shall 
adopt routine technical rules under chapter 375, subchapter 2-A to carry out the purposes 
of this subsection.
Sec. 91.  5 MRSA §1825-B, sub-§13, as enacted by PL 2007, c. 193, §2, is 
amended to read:
13.  Vendor's fee report.  By January 15th of each year the Director of the Bureau of 
General Services Chief Procurement Officer shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over state and local government matters 
concerning revenue generated by the vendor's fee established in subsection 12.
Sec. 92.  5 MRSA §1825-B, sub-§14, as amended by PL 2015, c. 179, §2, is 
further amended to read:
14.  Condition of doing business with the State.  Notwithstanding any provision of 
law to the contrary, any purchase by the State of $100,000 or more of tangible personal 
property, except for public utility purchases, as defined in Title 36, section 1752, 
subsection 17, or emergency purchases pursuant to subsection 2, paragraph B, may be 
made only from a person who is registered as a seller pursuant to Title 36, section 
1754-B.  As a condition of doing business with the State, the seller must collect, report 
and remit taxes in accordance with Title 36, Part 3.  As provided in this subsection, the 
State is prohibited from doing business with a person who is not registered as a seller 
pursuant to Title 36, section 1754-B and is not in compliance with the requirement to 
collect, report and remit taxes pursuant to Title 36, Part 3.  After notification of the 
award, the seller must provide the State Purchasing Agent Chief Procurement Officer 
with a valid retailer certificate issued by the State Tax Assessor within 7 business days.  
If the seller fails to provide the registration certificate within 7 business days, the State 
Purchasing Agent Chief Procurement Officer may cancel the award and make a new 
award pursuant to subsection 7.  The State Purchasing Agent Chief Procurement Officer 
shall provide the State Tax Assessor with a copy of all contracts and grants awarded 
pursuant to this section.  The State Tax Assessor shall notify the State Purchasing Agent 
Chief Procurement Officer if at any time during the term of the contract or grant the 
person is no longer registered or is not collecting, reporting and remitting taxes in 
compliance with the requirements of Title 36, Part 3.  Until the noncompliance is 
corrected, the State Purchasing Agent Chief Procurement Officer may withhold any 
payments to the person.
Sec. 93.  5 MRSA §1825-C, as amended by PL 2015, c. 179, §3, is further 
amended to read:
§1825-C.  Rulemaking
The State Purchasing Agent 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 must be adopted in accordance with the 
Maine Administrative Procedure Act and apply to all departments and agencies of State 
Government subject to the authority of the Department of Administrative and Financial 
Services as set forth in this chapter.
Sec. 94.  5 MRSA §1825-D, first ¶, as amended by PL 2015, c. 179, §4, is further 
amended to read:
The State Purchasing Agent 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:
Sec. 95.  5 MRSA §1825-D, 3rd ¶, as enacted by PL 1989, c. 785, §2, is amended 
to read:
A department or agency of State Government may not change or substitute the 
procedures adopted under this subchapter without the State Purchasing Agent Chief 
Procurement Officer first adopting those changes or substitutions as rules under this 
subchapter in accordance with the Maine Administrative Procedure Act, chapter 375.
Sec. 96.  5 MRSA §1825-E, as amended by PL 2015, c. 179, §6, is further 
amended to read:
§1825-E.  Appeal procedures
The Director of the Bureau of General Services Chief Procurement Officer 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 clear procedures by which an 
aggrieved person may appeal a contract or grant award decision.
1.  Stay.  Persons aggrieved by a contract or grant award decision may request a stay 
of an award decision.  Such a request must be made to the Director of the Bureau of 
General Services Chief Procurement Officer in writing within 10 days of notification of 
the contract or grant award and must state the nature of the grievance.
The Director of the Bureau of General Services Chief Procurement Officer shall issue a 
stay of a contract or grant award decision, pending appeal, upon a showing of irreparable 
injury to the petitioner, a reasonable likelihood of success on the merits, and no 
substantial harm to adverse parties or to the general public.
The Director of the Bureau of General Services Chief Procurement Officer shall notify 
the petitioner in writing of the director's Chief Procurement Officer's decision regarding 
the issuance of a stay within 7 days of receipt of the request.
Failure of the petitioner to obtain a stay does not affect the petitioner's right to a hearing 
of appeal under this subchapter.
2.  Request for hearing of appeal.  Persons aggrieved by an agency contract or grant 
award decision under this subchapter may request a hearing of appeal.  Such a request 
must be made to the Director of the Bureau of General Services Chief Procurement 
Officer in writing within 15 days of notification of the award.  The Director of the Bureau 
of General Services Chief Procurement Officer shall grant a hearing of appeal unless:
A.  The Director of the Bureau of General Services Chief Procurement Officer 
determines that:
(1)  The petitioner is not an aggrieved person;
(2)  A prior request by the same petitioner relating to the same contract or grant 
award has been granted;
(3)  The request was made more than 15 days after notice of contract or grant 
award; or
(4)  The request is capricious, frivolous or without merit; or
B.  No contract or grant was awarded.
The Director of the Bureau of General Services Chief Procurement Officer shall notify 
the petitioner in writing of the director's Chief Procurement Officer's decision regarding a 
request for a hearing of appeal within 15 days of receipt of the request.  If a request for a 
hearing is granted, notification must be made at least 10 days before the hearing date and 
must include the date and location of the hearing and the names of the appeal committee 
members.
3.  Appeal committee.  A committee of 3 members shall hear a petitioner's appeal 
within 60 days of receipt of the request for an appeal.  The Commissioner of 
Administrative and Financial Services shall appoint 2 members of an appeal committee, 
except that persons who have any direct or indirect personal, professional or financial 
conflict of interest in the appeal or employees of any department affected by the contract 
or grant may not serve on the appeal committee.  The 3rd member is the Director of the 
Bureau of General Services Chief Procurement Officer or the director's Chief 
Procurement Officer's designee.
Members of an appeal committee appointed under this section shall meet at the appointed 
time and place in the presence of the petitioner and such individuals as the petitioner 
determines necessary for a full and fair hearing.  The petitioner may present to the appeal 
committee any materials the petitioner considers relevant to the appeal.
The appeal committee shall keep a written record of each hearing and shall submit its 
decision and the reasons for its decision to the Director of the Bureau of General Services 
Chief Procurement Officer in writing no later than 15 days following the hearing of 
appeal.
Subject to the requirements of rules adopted under this section and evidence presented 
during a hearing of appeal, the appeal committee may decide either to:
A.  Validate the contract or grant award decision under appeal; or
B.  Invalidate the contract or grant award decision under appeal.
Except as provided in paragraph B, an appeal committee may not modify the contract or 
grant award under appeal, or make a new award.  Contracts or grants found invalid by an 
appeal committee under this subchapter become immediately void and of no legal effect.
Sec. 97.  5 MRSA §1825-F, first ¶, as amended by PL 1993, c. 192, §2, is further 
amended to read:
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 VII 7.  The State Purchasing Agent Chief Procurement 
Officer shall notify a petitioner of a final agency action made under this subchapter in 
writing within 7 days of the final agency action.  Notification of final agency action must 
include:
Sec. 98.  5 MRSA §1825-G, as amended by PL 2015, c. 179, §7, is further 
amended to read:
§1825-G.  Failure to act
Failure or refusal of the State Purchasing Agent 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 under this section and section 8058, the 
contract or grant award under appeal becomes immediately void and of no legal effect.
Sec. 99.  5 MRSA §1825-H, as enacted by PL 1989, c. 785, §2, is amended to 
read:
§1825-H.  Deadline for adoption of rules
The State Purchasing Agent Chief Procurement Officer shall adopt rules 
implementing this subchapter no later than January 1, 1991.
Sec. 100.  5 MRSA §1825-K, sub-§§3 to 5, as enacted by PL 2005, c. 554, Pt. A, 
§1, are amended to read:
3.  Availability of copy of code of conduct.  The State Purchasing Agent Chief 
Procurement Officer shall make a copy of the state purchasing code of conduct available 
to all bidders subject to this subchapter.
4.  Affidavit requirement.  The State Purchasing Agent Chief Procurement Officer 
may not accept a bid for the sale of goods covered by this subchapter unless:
A.  Prior to the close of the bidding deadline, the bidder has filed with the agent Chief 
Procurement Officer a signed affidavit, executed and filed by a person authorized to 
commit the bidder to the code of conduct, stating:
(1)  That the bidder will comply with the code of conduct;
(2)  That the bidder has furnished a copy of the code of conduct to each supplier 
at the point of assembly of the goods subject to the bid process and required that 
each supplier inform the bidder of whether the supplier is in compliance with the 
code of conduct; and
(3)  That, to the best of the bidder's knowledge, each supplier at the point of 
assembly of the goods subject to the bid process is in compliance with the code 
of conduct; and
B.  The bidder has submitted a list of the names and addresses of suppliers at the 
point of assembly of goods subject to the bid process.
5.  Affidavit update requirement.  If, after complying with the filing requirements 
of this section, a bidder is awarded a contract, that contractor must, during the term of the 
contract, promptly inform the State Purchasing Agent Chief Procurement Officer of any 
change in the information furnished in the affidavit submitted at the time of the original 
bid and must submit a new, updated affidavit that conforms with the requirements of 
subsection 4.
Sec. 101.  5 MRSA §1825-L, sub-§1, as enacted by PL 2001, c. 439, Pt. NNNN, 
§1, is amended to read:
1.  Statement of belief; protection of local interests.  The affidavit provided by the 
State Purchasing Agent 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 fairly compensate hard work, that 
the health and safety of working people should be protected and that no form of 
unlawful discrimination or abuse should be tolerated.  Maine citizens are aware that 
laws and regulations designed to safeguard basic tenets of ethical business practice 
are disregarded in many workplaces, commonly referred to as "sweatshops."  State 
Government purchase of goods made under abusive conditions on behalf of its 
citizens offends Maine citizens' sense of justice and decency.  Moreover, when the 
substandard wages and working conditions, Maine's businesses are put at a 
competitive disadvantage.  Therefore, the State of Maine believes in doing business 
with vendors who make a good faith effort to ensure that they and their suppliers at 
the point of assembly adhere to the principles of the State of Maine's purchasing code 
of conduct.
"In its role as a market participant that procures goods covered by this code, the State 
of Maine seeks to protect the interests of Maine citizens and businesses by exercising 
its state sovereignty to spend Maine citizens' tax dollars in a manner consistent with 
their expressed wishes that the State deal with responsible bidders who seek contracts 
to supply goods to the State of Maine, and protect legally compliant Maine 
businesses and workers from unfair competition created by downward pressure on 
prices and conditions attributable to businesses that violate applicable workplace 
laws.
"Seeking to protect these local interests through the least discriminatory means 
available, the State of Maine requires that all bidders seeking contracts to supply the 
to the best of their knowledge, their suppliers at the point of assembly comply with 
workplace laws of the vendor's or supplier's site of assembly and with treaty 
obligations that are shared by the United States and the country in which the goods 
are assembled."
Sec. 102.  5 MRSA §1825-M, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is 
amended to read:
§1825-M.  Exception
The State Purchasing Agent 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 State Purchasing Agent Chief Procurement Officer, it 
appears that the required unit or item of supply or brand of that unit or item, is procurable 
by the State from only that supplier.
Sec. 103.  5 MRSA §1825-N, as amended by PL 2005, c. 554, Pt. A, §3, is further 
amended to read:
§1825-N.  Support to suppliers of goods and services
The State Purchasing Agent 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 adopted the state purchasing code of conduct.
Sec. 104.  5 MRSA §1825-O, first ¶, as enacted by PL 2001, c. 439, Pt. NNNN, 
§1, is amended to read:
The State Purchasing Agent 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 addresses of vendors' suppliers and suppliers' 
working conditions.
Sec. 105.  5 MRSA §1825-P, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is 
amended to read:
§1825-P.  Report
By January 15th of each year, the State Purchasing Agent 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 with the state purchasing code of conduct; the 
degree of voluntary compliance with the state purchasing code of conduct; the number of 
vendors who agreed to and the number that declined to comply with the provisions of this 
subchapter; and any other information relevant to the state purchasing code of conduct.
Sec. 106.  5 MRSA §1825-Q, as corrected by RR 2005, c. 2, §4, is amended to 
read:
§1825-Q.  Complaints of noncompliance with code of conduct; investigations of 
complaints
1.  Complaints alleging noncompliance.  The State Purchasing Agent Chief 
Procurement Officer shall initiate an investigation to determine whether a violation of the 
code of conduct has occurred if:
A.  
The State Purchasing Agent Chief Procurement Officer has independent 
knowledge that a contractor or a supplier at the point of assembly of goods subject to 
a contract is not in compliance with the code of conduct;
B.  The contractor informs the State Purchasing Agent Chief Procurement Officer 
that the contractor or a supplier at the point of assembly of goods subject to a contract 
is not in compliance with the code of conduct;
C.  A worker for a contractor or for a supplier at the point of assembly of goods 
subject to a contract files a written complaint directly with the State Purchasing 
Agent Chief Procurement Officer stating that the contractor or supplier, to the best of 
the worker's knowledge, is not in compliance with the code of conduct;
D.  A 3rd party established and based outside the United States, on behalf of or on the 
basis of information from a worker or workers, files directly with the State 
Purchasing Agent Chief Procurement Officer a signed and dated written complaint 
stating that, to the best of the 3rd party's knowledge, a contractor or a supplier at the 
point of assembly of goods subject to a contract is not in compliance with the code of 
conduct.  If possible, the 3rd party's written complaint must be signed and dated 
under oath before an official authorized to administer oaths; or
E.  A 3rd party established and based in the United States, on behalf of or on the basis 
of information from a worker or workers, files directly with the State Purchasing 
Agent Chief Procurement Officer a written complaint, signed and dated under oath 
before an official authorized by applicable law to administer oaths, stating that, to the 
best of the 3rd party's knowledge, a contractor or a supplier at the point of assembly 
of goods subject to a contract is not in compliance with the code of conduct.
2.  Specificity required.  Any complaint made to the State Purchasing Agent Chief 
Procurement Officer must state with reasonable specificity each reason a party subject to 
the complaint is allegedly not in compliance with the code of conduct.
3.  Notification to party subject to complaint.  After receiving a complaint alleging 
noncompliance with the code of conduct, the State Purchasing Agent Chief Procurement 
Officer shall contact in a timely manner, in writing and by certified letter, the contractor 
that is the subject of the complaint or whose supplier is the subject of the complaint.
Sec. 107.  5 MRSA §1825-R, as enacted by PL 2005, c. 554, Pt. A, §5, is amended 
to read:
§1825-R.  Determinations of noncompliance with code of conduct
1.  Relevant information.  In making a determination of whether a violation of the 
code of conduct has occurred, the State Purchasing Agent Chief Procurement Officer may 
take into account any factors, information, sources of information and materials 
determined reliable and relevant by the State Purchasing Agent Chief Procurement 
Officer, as determined on a case-by-case basis.  The State Purchasing Agent Chief 
Procurement Officer has specific authority and discretion to employ an independent 
monitor to investigate a complaint.
2.  Determination by Chief Procurement Officer.  The determination of whether a 
party subject to a complaint is in compliance with the code of conduct is solely that of the 
State Purchasing Agent Chief Procurement Officer.
3.  Notice of determination.  After rendering a determination under this section, the 
State Purchasing Agent Chief Procurement Officer promptly shall inform the complainant 
and contractor in writing.
Sec. 108.  5 MRSA §1825-S, as amended by PL 2007, c. 193, §3, is further 
amended to read:
§1825-S.  Consequences of noncompliance with code of conduct
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 State Purchasing Agent Chief 
Procurement Officer, shall inform the contractor and engage in discussions with the 
contractor about the violation. The purpose of the discussions is to work in partnership 
with the contractor to influence the contractor to change its practices or to use its 
bargaining position with the offending supplier to change the supplier's practices, rather 
than to cease doing business with the contractor or supplier. The State Purchasing Agent 
Chief Procurement Officer shall prescribe appropriate measures to ensure compliance 
with the code of conduct. These measures may include, but are not limited to:
A.  Requesting that each party found not to be in compliance with the code of 
conduct provide continued access to independent monitors, if available;
B.  Requesting that each party found not to be in compliance with the code of conduct 
offer their workers and managers the training and guidelines necessary to bring the 
workplace into compliance with the code of conduct; and
C.  Requesting that each party found not to be in compliance with the code of conduct 
demonstrate to the State Purchasing Agent Chief Procurement Officer that prescribed 
changes or improvements have been completed and implemented.
2.  Termination of contract.  If, in the opinion of the State Purchasing Agent Chief 
Procurement Officer, a contractor that has been determined as not in compliance with the 
code of conduct does not make good faith efforts to change its practices or use its 
bargaining position with an offending supplier to change the supplier's practices, the State 
Purchasing Agent Chief Procurement Officer may take appropriate remedial action 
including, but not limited to, barring the subject contractor from bidding on future state 
contracts or terminating the State's contract with the contractor.  Reference to the 
authority given in this subsection must be specifically referenced in the State's contracts 
with those contractors that are subject to the code of conduct.
Sec. 109.  5 MRSA §1826-B, sub-§3, as enacted by PL 2007, c. 395, §2, is 
amended to read:
3.  Officer.  "Director Officer" means the Director of the Bureau of General Services 
Chief Procurement Officer within the Department of Administrative and Financial 
Services, Bureau of Business Management.
Sec. 110.  5 MRSA §1826-C, as amended by PL 2007, c. 395, §3, is further 
amended to read:
§1826-C.  Work center purchases
4.  Work center purchases schedule.  The director officer shall develop and use a 
work center purchases schedule.  The director officer shall: 
A.  Identify and develop a list of all products and services purchased or scheduled to 
be purchased by State Government;
B.  Identify and develop a list of all work centers in the State, including a description 
of the products and services work centers are currently providing or have recently 
provided and including an assessment of the products and services that work centers 
are capable of providing, but have not recently provided; and
C.  Develop from the information obtained in paragraphs A and B a work center 
purchases schedule that describes all products and services to be purchased by the 
State that, in the view of the director officer, could be provided by work centers. In 
developing this schedule, the director officer shall give consideration to the abilities 
of work centers to meet contract requirements and to meet generally accepted quality 
control standards and any potential technical assistance that may be required to 
enable a work center to compete fairly for contracts, pursuant to this subchapter.
5.  Competitive bidding.  The director officer shall develop procedures for 
competitive bidding by eligible work centers only for products and services identified on 
the work center purchase purchases schedule. If no bid is received from a work center for 
any product or service on the schedule, the director officer 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 director officer and the Department of 
Corrections do not come to agreement, the product or service must be put out to general 
bid by the director, officer in accordance with standard rules and procedures. If only one 
work center bid is received, the director officer shall review the bid and make a 
determination regarding the fairness of the price and terms of the proposed contract. If the 
director officer determines that the work center may not be awarded this bid, the director 
officer 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 
director officer and the Department of Corrections do not come to agreement, the contract 
must be offered for standard competitive bid by the director officer in accordance with 
standard rules and procedures.
6.  Award of contracts; fair price.  The director officer has final determination in 
awarding contracts to work centers through the competitive bidding process. The 
director's officer's judgment prevails in the determination that the price and contract terms 
are fair and reasonable both to the work center and to the State. In determining a fair 
price, the director officer shall ensure the ability of the work center to recover the costs of 
labor, material, equipment, overhead and delivery. 
7.  Assignment of contracts.  The director officer shall ensure that contracts awarded 
to work centers may not be assigned to any other vendor, except as may be necessary to 
complete the contracts, because of extraordinary events beyond the control of the work 
centers. Any additional costs incurred because of these assignments must be borne by the 
work center as a normal cost of doing business.
Sec. 111.  5 MRSA §1827, as enacted by PL 2005, c. 386, Pt. H, §10, is amended 
to read:
§1827.  Powers; Bureau of Business Management
The Department of Administrative and Financial Services, through the Bureau of 
General Services Business Management, may establish the Central Services Division in 
the Bureau of General Services Business Management for the purpose of operating the 
postal service, central copy and duplicating service, central warehouse, surplus property 
service and central mail room.  The Bureau of General Services Business Management 
may:
1.  Postal service. Purchase or contract for all postal service required for the use of 
State Government or any department or agency thereof;
2.  Central copy and duplicating. Establish and conduct a central printing service, 
copy service and audio-visual service at the seat of government. Such services must be 
available to all departments and agencies of State Government. The Director of the 
Bureau of General Services Chief Procurement Officer may make charges to those 
departments and agencies of State Government making use of the facilities and supplies 
of the central printing service;
3.  
Central warehouse. Establish and operate, with the approval of the 
Commissioner of Administrative and Financial Services, a warehouse that, in the 
judgment of the Director of the Bureau of General Services Chief Procurement Officer, is 
determined necessary for the storage and distribution of supplies, materials and 
equipment by resale, rental or other method, required for use by State Government or any 
department or agency, or any political subdivision or school administrative unit. In 
accordance with section 1587, the Director of the Bureau of General Services Chief 
Procurement Officer may purchase, lease, lease-purchase or enter into other financing 
agreements for the acquisition of equipment in accordance with this subsection when it 
can be demonstrated that any such action or agreement provides a clear cost advantage to 
the State;
4.  Central mail room. Establish and conduct a central mail room for the state 
departments and agencies at the seat of government;
5.  Surplus property. Transfer to or between state departments and agencies or 
educational institutions or sell supplies, materials and equipment that are surplus, 
obsolete or unused;
6.  Internal service fund accounts. Maintain or establish, through the Office of the 
State Controller, an internal service fund account for each of the central services 
described in subsections 1 to 5. The funds deposited in the account must include, but are 
not limited to, appropriations made to the account, funds transferred to the account from 
within the Department of Administrative and Financial Services, funds received from 
state departments and agencies using the services provided by the central services and 
earnings by the fund from the Treasurer of State's pool.
Each of the central services described in subsections 1 to 5 may levy charges according to 
a rate schedule recommended by the Director of the Bureau of General Services Chief 
Procurement Officer and approved by the Commissioner of Administrative and Financial 
Services against all departments and agencies using their the services.
Sec. 112.  5 MRSA §1828, sub-§2, as amended by PL 2017, c. 310, §2, is further 
amended to read:
2.  Surplus property.  Pursuant to this chapter and rules adopted under section 1813, 
the Department of Administrative and Financial Services through the Bureau of General 
Services Business Management shall allow private sales of surplus property to:
B.  Homeless shelter sponsors;
C.  Educational institutions; and
E.  Nonprofit organizations that have been determined to be exempt from taxation 
under the United States Internal Revenue Code of 1986, Section 501(c).
Sec. 113.  5 MRSA §1828, sub-§3, as enacted by PL 2005, c. 386, Pt. H, §10, is 
amended to read:
3.  Computers to fire departments. Notwithstanding any requirement of this chapter 
or rules adopted pursuant to this chapter, a fire department may purchase one personal 
computer from the Department of Administrative and Financial Services, Bureau of 
General Services Business Management to be used for reporting to the State Fire Marshal 
as required under Title 25, section 2395. The Bureau of General Services Business 
Management may charge a fire department only reasonable administrative and handling 
costs of no more than $35 for the purchase of a personal computer under this subsection.
Sec. 114.  5 MRSA §1829, first ¶, as enacted by PL 2005, c. 386, Pt. H, §10, is 
amended to read:
The Department of Administrative and Financial Services is designated as the state 
agency to receive and distribute federal surplus property that may become available for 
distribution to eligible recipients within this State. The department, through the Bureau of 
General Services Business Management, may acquire, warehouse, allocate and distribute 
surplus government property to all recipients within the State who have been or who may 
later be designated as eligible to receive such surplus property by the Congress of the 
United States or any other federal official empowered to make such determination. The 
Commissioner of Administrative and Financial Services may enter into cooperative 
agreements with any duly authorized federal official to carry out the purposes of this 
section.
Sec. 115.  5 MRSA §1830, as enacted by PL 2005, c. 386, Pt. H, §10, is amended 
to read:
§1830.  Central Fleet Management Division
1.  Division established. The Central Fleet Management Division is established in 
the Department of Administrative and Financial Services, Bureau of General Services 
Business Management for the purpose of acquiring, maintaining and managing vehicles 
for use by State Government and its employees on official state business, except the 
Department of Public Safety. The Central Fleet Management Division shall rent or lease 
vehicles to agencies, except the Department of Public Safety, in accordance with an 
established rate structure. Revenues derived from operations must be used to acquire, 
replace and maintain vehicles; adequately staff the Central Fleet Management Division; 
pay for required space; and otherwise provide for the overall operation of the Central 
Fleet Management Division. Department vehicles that exceed the car, light duty truck and 
special use vehicle specifications are exempt from this section, but must be reported in 
accordance with this section. For the purposes of this section, the terms "car," "light duty 
truck" and "special use vehicle" refer to vehicles with gross vehicle weight rating less 
than 10,000 pounds.
2.  Agency program requirements. The Bureau of General Services Business 
Management shall work closely with all departments and agencies to identify annual 
transportation and vehicle usage requirements to ensure that agency program 
requirements are met to the maximum extent possible. The bureau shall:
A.  Maintain the Central Fleet Management Division to service the transportation 
requirements of all state agencies not exempted under subsection 3, paragraph C and 
their employees and control assignments of vehicles to ensure they are used to the 
best economic advantage of the State;
B.  Maintain records of transportation and vehicle requirements and all motor 
vehicles owned, leased and available for use for those agencies not exempted under 
subsection 3, paragraph C and make this information available to state agencies;
C.  Require all state agencies not exempted under subsection 3, paragraph C and their 
employees to use the Central Fleet Management Division when transportation is 
required. Employees requesting to use personal vehicles on state business are 
required to seek an exemption from the Central Fleet Management Division;
D.  Acquire or replace Central Fleet Management Division vehicles in accordance 
with an established vehicle replacement policy;
E.  Transfer motor vehicles from other agencies, purchase, lease, lease-purchase or 
enter into other financing agreements, in accordance with section 1587, for the 
acquisition or replacement of motor vehicles in accordance with subsection 3 when it 
can be demonstrated that any such action or agreement provides a clear cost or 
program advantage to the State;
F.  Establish facilities to store and maintain motor vehicles; and
G.  Devise a mechanism for the distribution of fuel by competitive bidding by 
commercial vendor, by the use of existing state-owned fueling facilities and the 
establishment of a statewide credit card system.
3.  
Standards; specifications. The Bureau of General Services Business 
Management shall establish the following:
A.  Standards for vehicle operation;
B.  Specifications for vehicles to be acquired by the State; and
C.  Standards for the exemption or waiver of state agencies from the requirements of 
this section. The Director of the Bureau of General Services Chief Procurement 
Officer may provide a waiver to an agency or an employee requiring the services of 
the Central Fleet Management Division or the standards and criteria established under 
this section if the director Chief Procurement Officer concludes that such a waiver is 
in the best economic interest of the State or critical agency mission.
Standards developed for use of Central Fleet Management Division services by all state 
agencies not exempted under paragraph C and employees of any such agency must be 
available for inspection at the Central Fleet Management Division's central office.  The 
Director of the Bureau of General Services Chief Procurement Officer may provide a 
temporary waiver of the standards and criteria established under this section if the 
director Chief Procurement Officer concludes that the unique conditions of program or 
employee function require such a waiver.
4.  Central Fleet Management Internal Service Fund Account. The Bureau of 
General Services Business Management shall establish, through the Office of the State 
Controller, the Central Fleet Management Internal Service Fund Account. The funds 
deposited in the account must include, but are not limited to, appropriations made to the 
account, funds transferred to the account from within the Department of Administrative 
and Financial Services, funds received from state departments and agencies using the 
services provided by the bureau Bureau of Business Management, earnings by the fund 
from the Treasurer of State's pool and proceeds from the sale of vehicles under the 
administrative control of the Central Fleet Management division Division by the state 
surplus property program in the Bureau of General Services Business Management in 
accordance with current provisions of law and subsection 3.
5.  Levy charges. The Central Fleet Management Division may levy charges 
according to a rate schedule recommended by the Director of the Bureau of General 
Services Chief Procurement Officer and approved by the Commissioner of 
Administrative and Financial Services against all departments and agencies using the 
services of the Central Fleet Management Division.
6.  Service charges. Service charges for the rental and lease of motor vehicles must 
be calculated to provide for vehicle replacement costs, operating costs, necessary capital 
investment, personal services and sufficient working capital for the Central Fleet 
Management Division.
7.  Assignment of appropriate credits. The Central Fleet Management Division 
may develop a method of assigning appropriate credits to be used to reduce the charges 
for those state agencies from which vehicles are transferred to the Central Fleet 
Management Division. These credits must be calculated both to reasonably compensate 
the agencies and to ensure adequate revenues to support the Central Fleet Management 
Division.
8.  Staff. The Director of the Bureau of General Services Chief Procurement Officer 
shall appoint, as approved by the Legislature and subject to the Civil Service Law, staff 
necessary to carry out the purposes of this section.
9.  Budget adequate funds. Each department or agency using the services of the 
Central Fleet Management Division must budget adequate funds to pay for the leasing 
services provided by the Central Fleet Management Division.
10.  Transfer of funds. Notwithstanding section 1585, state agencies that are in the 
process of transferring vehicle operations to the Central Fleet Management Division may 
transfer Capital Expenditures funds to the All Other category for those agencies to allow 
agencies to pay vehicle expenses.
11.  Report. The Director of the Bureau of General Services Chief Procurement 
Officer within the Department of Administrative and Financial Services shall report to the 
joint standing committee of the Legislature having jurisdiction over state and local 
government matters and the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs by February 15th of each year with 
respect to the status of current vehicle operations, projected requirements, anticipated 
costs and savings realized to date for each fiscal year in the operation of the Central Fleet 
Management Division.
Sec. 116.  5 MRSA §1831, sub-§1, as amended by PL 1989, c. 785, §3, is further 
amended to read:
1.  Adoption of rules.  Every department or agency of State Government, subject to 
chapters 141 to 152, purchasing services or awarding grants or contracts which that are 
not subject to the authority of the Department of Administration Administrative and 
Financial Services, as defined in chapters 153 and 155, shall establish a procedure by 
which these services are purchased or by which grants or contracts are awarded.  This 
procedure must be adopted in accordance with the Maine Administrative Procedure Act, 
chapter 375 no later than January 1, 1991 and must be approved by the State Purchasing 
Agent Chief Procurement Officer prior to their its adoption.  The State Purchasing Agent 
Chief Procurement Officer shall ensure that the rules adopted under this section meet the 
standards of public notice, administrative review, and rights to appeal as set forth in 
chapter 155, subchapter I-A 1-A.  Any department or agency of State Government that 
does not adopt rules under this section by January 1, 1991, is subject to rules adopted by 
the State Purchasing Agent Chief Procurement Officer under chapter 155, subchapter I-A 
1-A. 
Sec. 117.  5 MRSA §1831, sub-§3, as amended by PL 1985, c. 785, Pt. A, §76, is 
further amended to read:
3.  Application.  The procedure adopted by a department or agency in this section 
may be used by the department or agency for any qualifying purchase or award of a 
contract or grant.  Nothing in this section may be construed to require the adoption of 
new procedures for every new purchase, contract or award.  Nothing in this section may 
be construed to require the State Purchasing Agent Chief Procurement Officer or the 
Department of Administration Administrative and Financial Services to approve any 
contract, grant or award that is not presently approved by the State Purchasing Agent 
Chief Procurement Officer or the Department of Administration Administrative and 
Financial Services under chapters 153 and 155.
Sec. 118.  7 MRSA §214, sub-§3, as amended by PL 2011, c. 655, Pt. EE, §12 
and affected by §30, is further amended to read:
3.  Advisory committee.  The commissioner shall establish an advisory committee to 
discuss possibilities and review proposals for expanding purchases of local foodstuffs.  
The commissioner shall invite one or more representatives from each of the following 
agencies to serve on the advisory committee: the Department of Education; the 
Department of Marine Resources; the Department of Corrections; the Department of 
Administrative and Financial Services, Bureau of Purchases Business Management; the 
Department of Health and Human Services; the University of Maine System; and the 
Maine Community College System.
Sec. 119.  7 MRSA §215, sub-§2, as amended by PL 1989, c. 700, Pt. A, §31, is 
further amended to read:
2.  Coordination of development of quality standards.  The Department of 
Administrative and Financial Services, Bureau of Purchases will Business Management 
shall coordinate the development of quality standards with state institutions and the 
Department of Education.  
The coordinator will shall collaborate with the State 
Purchasing Agent Chief Procurement Officer in assisting state and school purchasers in 
formulating consistent, although not necessarily uniform, quality standards.  In the event 
there are differences of opinion about the quality of foodstuffs supplied institutions or 
schools, final authority for resolution rests with the State Purchasing Agent Chief 
Procurement Officer.
Sec. 120.  10 MRSA §1478, sub-§5, as enacted by PL 1985, c. 569, §2, is 
amended to read:
5.  Temporary certification.  Any motor vehicle for which there is no current and 
valid certificate of motor vehicle inspection at the time of sale at a state auction and 
which that does not pose a serious threat to the general public, as determined by the 
Department of Administrative and Financial Services, Bureau of Purchases Business 
Management from the form required in subsection 2 and from an inspection of the 
vehicle, may be provided a temporary certificate authorizing the operation of the motor 
vehicle from the auction site to a point designated by the purchaser.
Sec. 121.  12 MRSA §908, sub-§2, as amended by PL 2007, c. 466, Pt. A, §32, is 
further amended to read:
2.  Certain approval unnecessary; purchases.  Notwithstanding any other provision 
of law, purchases of materials or services by the Baxter State Park Authority do not need 
the approval of the Department of Administrative and Financial Services through the 
Bureau of General Services Business Management.
Sec. 122.  12 MRSA §908, sub-§3, as corrected by RR 1993, c. 1, §34, is 
amended to read:
3.  
Certain 
approval 
unnecessary; 
construction 
or 
improvement.  
Notwithstanding any other provision of law, the construction or reconstruction of roads 
and buildings or any other improvements by the Baxter State Park Authority does not 
need the approval of the Department of Administrative and Financial Services through 
the Bureau of General Services Real Estate Management.
Sec. 123.  12 MRSA §8003, sub-§3, ¶M-1, as amended by PL 2011, c. 657, Pt. 
X, §6 and PL 2013, c. 405, Pt. A, §23, is further amended to read:
M-1.  The proceeds under paragraph M may be used only to upgrade existing 
structures owned by the forest protection unit within the bureau, to consolidate 
operations of the unit through the improvement, repair, replacement, purchase or 
construction of structures and to purchase land upon which to build structures.  
Ownership of any land purchased under this paragraph or structures purchased or 
constructed under this paragraph must be held in the name of the unit.  Ownership of 
land or property purchased under this paragraph may also be held in the name of the 
Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management when the unit participates in the consolidation of facilities 
with other state agencies.  Any purchase of land or a structure pursuant to this 
paragraph must be approved by the Director of the Bureau of General Services Chief 
Facilities Officer.
Sec. 124.  20-A MRSA §12706, sub-§4-A, as amended by PL 2013, c. 368, Pt. 
R, §4, is further amended to read:
4-A.  Public improvements budgetary submission.  To prepare and adopt a 
biennial capital improvements budget for presentation to the Governor and the 
Legislature, incorporating all projected expenditures and all resources expected or 
proposed to be made available to fund public improvements, as defined by Title 5, section 
1741, for the system.  In accordance with Title 5, section 1742-C, subsection 3, the 
system's public improvements budget must be developed with the advice and assistance 
of the Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management and must represent the capital improvement priorities within the 
system;
Sec. 125.  20-A MRSA §15903, sub-§3, ¶A, as amended by PL 2011, c. 691, Pt. 
B, §21, is further amended to read:
A.  The Bureau of General Services Real Estate Management, Department of 
Administrative and Financial Services;
Sec. 126.  20-A MRSA §15908, sub-§§1 and 3, as amended by PL 2011, c. 691, 
Pt. B, §22, are further amended to read:
1.  Technical assistance.  In order to provide the technical assistance required by the 
state board in assessing proposed school construction projects, the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management may contract for the services of a professional engineer whenever the 
bureau is not employing qualified personnel on a full-time basis.
3.  Life-cycle costs.  The department and the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management may not 
approve the plans and specifications of a project that does not meet the requirements of 
Title 5, chapter 153, subchapter 1-A.
Sec. 127.  20-A MRSA §15910, sub-§4, as amended by PL 2011, c. 691, Pt. B, 
§23, is further amended to read:
4.  Time of signing.  A school administrative unit may not sign a contract for 
construction or begin construction until the final plans and specifications have been 
approved by the commissioner, the Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management, the Department of Health and 
Human Services and the State Fire Marshal.
Sec. 128.  20-A MRSA §15915, sub-§1-A, as enacted by PL 2011, c. 279, §2, is 
amended to read:
1-A.  Performance criteria.  An agreement under this section between a school 
administrative unit and an energy services company must include performance criteria 
that guarantee:
A.  Energy savings;
B.  A maximum price, including operation, maintenance and financing costs;
C.  That the project will meet local, state and federal codes;
D.  That measurement and verification of energy savings are determined using the 
international performance measurement and verification protocol published by the 
United States Department of Energy, Office of Scientific and Technical Information; 
and
E.  An annual reconciliation of energy savings based on the measurement and 
verification process under this section.
Prior to entering into an agreement, a school administrative unit may request that the 
Department of Administrative and Financial Services, Bureau of General Services Real 
Estate Management review the performance criteria in the agreement for conformance 
with this subsection.  The Bureau of General Services Real Estate Management shall 
review and advise school administrative units to the extent resources allow.
Sec. 129.  22 MRSA §8307, sub-§2, as amended by PL 2011, c. 691, Pt. B, §24, 
is further amended to read:
2.  Feasibility study of other child care facilities and programs.  Prior to the 
creation of new or additional state financed or operated child care facilities provided 
primarily for the benefit of state employees, except the initial facility to be located in the 
Augusta area, the Office of Child Care Coordination, in cooperation with the Department 
of Administrative and Financial Services, Bureau of General Services Real Estate 
Management, shall conduct a feasibility study of the proposed child care facility, which 
must be located in a state-owned facility or in a facility located conveniently near the 
workplaces of state employees.  This feasibility study, at a minimum, must include:
A.  The location of the site and the reasons justifying the location, including reasons 
justifying or not justifying using state-owned facilities;
B.  An analysis of the benefits and liabilities of contracting with the private sector to 
provide child care programs under this section;
C.  An analysis of the benefits and liabilities of State Government operation of child 
care programs and facilities for children of state employees;
D.  The number and ages of children proposed for the site;
E.  The type of assistance to be made available to children of state employees 
classified as low-income households;
F.  The types of activities and programs to be provided, including preschool and 
after-school programs;
G.  A time schedule for the commencement of programs at each facility;
H.  Sources of income, including fees, if any, for funding each facility; and
I.  Any other information determined important by the Office of Child Care 
Coordination and the Bureau of General Services Real Estate Management.
The report required by this subsection must be provided to the joint standing committee 
of the Legislature having jurisdiction over human resources matters in a timely manner 
preceding the selection of the site.
Sec. 130.  23 MRSA §52, 2nd ¶, as repealed and replaced by PL 2005, c. 313, §2, 
is amended to read:
The department has full power to purchase all supplies, materials and equipment that 
are incidental to, or necessary for, project-specific construction, improvement or 
maintenance of transportation infrastructure.  The purchase of supplies, materials and 
equipment for nonproject-specific purposes must be made through the State Purchasing 
Agent Chief Procurement Officer as provided by law. For the purposes of this section, 
unless the context otherwise indicates, "project-specific" means relating to a specific 
location for a limited duration, as opposed to perennial, nonlocation-specific activities.  
The department may be consulted by and shall, without charge, advise municipal officers 
and road commissioners on the subject of construction, improvement and maintenance of 
public highways, bridges and other structures. The department shall whenever practicable 
give preference in employment to the inhabitants of the town in which such highways are 
located.
Sec. 131.  23 MRSA §4210, sub-§3, as enacted by PL 2001, c. 83, Pt. C, §1, is 
amended to read:
3.  Distribution from fund.  Money distributed from the fund may be used for the 
purpose of purchasing, operating, maintaining, improving, repairing, constructing and 
managing buildings, including permanent storage facilities, garages and field office 
buildings, except for buildings and facilities under the supervision of the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management.
Sec. 132.  25 MRSA §2905, 2nd ¶, as amended by PL 1987, c. 416, §2 and PL 
2005, c. 236, §4, is further amended to read:
The words "parking area" or "parking areas," when used in this chapter, or 
regulations in rules issued thereunder under this chapter, shall be held to mean all lands 
maintained by the State at the capitol area or other state controlled locations in Augusta 
which that may be designated as parking areas by the State Director of Public 
Improvements Chief Facilities Officer within the Department of Administrative and 
Financial Services or by the superintendent of the Riverview Psychiatric Center, with the 
approval of the Commissioner of Public Safety.
Sec. 133.  26 MRSA §565-A, sub-§1, as amended by PL 2011, c. 691, Pt. B, §25, 
is further amended to read:
1.  Advise and propose standards.  The board shall work with the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management with respect to evaluation of indoor air quality and ventilation in public 
school buildings and buildings occupied by state employees and the preparation of the 
report pursuant to Title 5, section 1742, subsection 24, paragraph A.
A.  The board may advise the Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management and propose for consideration 
by the bureau air quality and ventilation standards that are more stringent than the 
minimum standards as defined in Title 5, section 1742, subsection 24.
Sec. 134.  27 MRSA §452, sub-§3-A, as amended by PL 2011, c. 691, Pt. B, §26, 
is further amended to read:
3-A.  Construction.  "Construction" means the construction or renovation of a public 
building or public facility, the cost of which is at least $100,000, but does not include 
repairs or minor alterations.  In its rulemaking and decisions regarding construction 
projects governed by this Act, the commission is guided by the determinations of the 
Director of the Bureau of General Services Chief Facilities Officer within the Department 
of Administrative and Financial Services.
Sec. 135.  27 MRSA §455, as amended by PL 1993, c. 435, §9 and PL 2003, c. 20, 
Pt. OO, §2 and affected by §4, is further amended to read:
§455.  Determination of amount for acquisition of art
The commission, in consultation with the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management, the Department 
of Education, the Office of Facilities within the University of Maine System or the Maine 
Community College System, whichever has budgetary authority over the project, shall 
determine the minimum amount to be made available for the purchase of art for each 
public building or facility.
Sec. 136.  27 MRSA §457, sub-§2, as amended by PL 1993, c. 435, §9 and PL 
2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
2.  
Procedures for participation of architect.  
Advise the Department of 
Administrative and Financial Services, Bureau of General Services Real Estate 
Management, the Department of Education, the Office of Facilities within the University 
of Maine System and the Maine Community College System concerning procedures for 
participation and compensation of the architect in connection with the acquisition of 
works of art under this chapter;
Sec. 137.  28-A MRSA §83-C, sub-§3, as enacted by PL 2013, c. 476, Pt. A, §9, 
is amended to read:
3.  Purchase.  Oversee the wholesale purchase and storage of spirits for sale in the 
State.  If the bureau awards a contract under section 90, spirits delivered to and stored at a 
warehouse approved by the bureau are the property of the supplier.  Spirits become the 
property of the bureau upon removal from the warehouse for shipment to an agency 
liquor store.  Spirits delivered to an agency liquor store become the property of the 
licensee upon receipt of delivery.  A person awarded a contract under section 90 at no 
time takes legal title to any spirits delivered to the warehouse.  The bureau may buy and 
have in its possession spirits for sale to the public. The bureau shall buy spirits directly 
and not through the State Purchasing Agent Chief Procurement Officer. All spirits must 
be free from adulteration and misbranding;
Sec. 138.  30-A MRSA §4349-A, sub-§2, as amended by PL 2013, c. 368, Pt. V, 
§56, is further amended to read:
2.  State facilities.  The Department of Administrative and Financial Services, 
Bureau of General Services Real Estate Management shall develop site selection criteria 
for state office buildings, state courts, hospitals and other quasi-public facilities and other 
civic buildings that serve public clients and customers, whether owned or leased by the 
State, that give preference to the priority locations identified in this subsection while 
ensuring safe, healthy, appropriate work space for employees and clients and accounting 
for agency requirements.  On-site parking may only be required if it is necessary to meet 
critical program needs and to ensure reasonable access for agency clients and persons 
with disabilities.  Employee parking that is within reasonable walking distance may be 
located off site.  If there is a change in employee parking from on-site parking to off-site 
parking, the Department of Administrative and Financial Services must consult with the 
duly authorized bargaining agent or agents of the employees.  Preference must be given 
to priority locations in the following order:  service center downtowns, service center 
growth areas and downtowns and growth areas in other than service center communities.  
If no suitable priority location exists or if the priority location would impose an undue 
financial hardship on the occupant or is not within a reasonable distance of the clients and 
customers served, the facility must be located in accordance with subsection 1.  The 
following state facilities are exempt from this subsection:  a lease of less than 500 square 
feet; and a lease with a tenure of less than one year, including renewals.
Sec. 139.  30-A MRSA §4349-A, sub-§4, as enacted by PL 1999, c. 776, §10, is 
amended to read:
4.  Application.  Subsections 1 and 2 apply to a state capital investment for which an 
application is accepted as complete by the state agency funding the project after January 
1, 2001 or which that is initiated with the Department of Administrative and Financial 
Services, Bureau of General Services Real Estate Management by a state agency after 
January 1, 2001.
Sec. 140.  30-A MRSA §6209, as enacted by PL 2005, c. 266, §2, is amended to 
read:
§6209.  Request for proposals
No later than November 1st of each year, the department shall issue a request for 
proposals in accordance with the Bureau of General Services Business Management 
Rules, Chapter 110 that includes the schedules for submission and action on applications 
for grants under this chapter; procedures for scoring and ranking those applications; and 
procedures and information requirements related to application submissions.  The 
department shall provide reasonable notice to all eligible applicants about the availability 
of the fund and the solicitation of grant proposals.
Sec. 141.  34-A MRSA §1403, sub-§5, as amended by PL 1995, c. 111, §1, is 
further amended to read:
5.  Lease of unused buildings.  The commissioner may, with the approval of the 
Director of the Bureau of General Services Chief Facilities Officer within the Department 
of Administrative and Financial Services, lease unused buildings at the correctional and 
detention facilities for the purposes of providing services to clients.
A.  The leases must be for a period not to exceed 2 years and may be extended, with 
the approval of the Director of the Bureau of General Services Chief Facilities 
Officer, for 3 more 2-year periods.
B.  The commissioner shall submit a plan of the proposed leases and their impact on 
the correctional and detention facilities and clients to the joint standing committee of 
the Legislature having jurisdiction over corrections matters no later than January 31st 
of each year.
Sec. 142.  34-A MRSA §1403, sub-§5-A, as enacted by PL 1995, c. 502, Pt. F, 
§20 and amended by PL 2001, c. 439, Pt. G, §6, is further amended to read:
5-A.  Lease of Long Creek Youth Development Center building.  Notwithstanding 
subsection 5 and Title 5, chapter 154, the commissioner may, with the approval of the 
Director of the Bureau of General Services Chief Facilities Officer within the Department 
of Administrative and Financial Services, lease any building that the commissioner 
determines is no longer needed to be a part of the Long Creek Youth Development Center 
for the purpose of providing services to clients under such terms as the commissioner and 
director the Chief Facilities Officer determine appropriate.
Sec. 143.  34-A MRSA §1403, sub-§11, as enacted by PL 1999, c. 583, §4, is 
amended to read:
11.  Contracting agent.  The chief administrative officer is the contracting agent for 
all sales of articles from a correctional facility and for all other contracts made on behalf 
of the correctional facility except those made by the State Purchasing Agent Chief 
Procurement Officer.
A.  All contracts must be made in the manner prescribed by the commissioner.
B.  A contract may not be accepted by the chief administrative officer, unless the 
contractor gives satisfactory security for its performance.
C.  An employee of the correctional facility may not be directly or indirectly 
interested in any contract.
Sec. 144.  34-A MRSA §3004, sub-§1, as amended by PL 1991, c. 314, §28, is 
further amended to read:
1.  Contract actions. Actions founded on any contract made with the State 
Purchasing Agent Chief Procurement Officer, or with any official of the department 
under the authority granted by the State Purchasing Agent Chief Procurement Officer, on 
behalf of a correctional or detention facility may be brought by the official making the 
contract or the official's successor in office.
Sec. 145.  34-B MRSA §1404, sub-§1, as enacted by PL 1983, c. 459, §7, is 
amended to read:
1.  Contract actions.  Actions founded on any contract made with the State 
Purchasing Agent Chief Procurement Officer, or with any official of the department 
under the authority granted by the State Purchasing Agent Chief Procurement Officer, on 
behalf of any of the state institutions, may be brought by the official making the contract 
or his the official's successor in office.
Sec. 146.  35-A MRSA §1908, as enacted by PL 2013, c. 369, Pt. B, §1, is 
amended to read:
§1908.  Exemption from Chief Procurement Officer rules
Notwithstanding any other provision of law, agreements and contracts entered into 
pursuant to this chapter are not subject to the competitive bid requirements of the State 
Purchasing Agent Chief Procurement Officer.
Sec. 147.  35-A MRSA §3210-C, sub-§3, as amended by PL 2017, c. 134, §2, is 
further amended to read:
3.  
Commission authority.  
The commission may direct investor-owned 
transmission and distribution utilities to enter into long-term contracts for:
A.  Capacity resources;
B.  Any available energy associated with capacity resources contracted under 
paragraph A:
(1)  To the extent necessary to fulfill the policy of subsection 2, paragraph A; or
(2)  If the commission determines appropriate for purposes of supplying or 
lowering the cost of standard-offer service or otherwise lowering the cost of 
electricity for the ratepayers in the State.  Available energy contracted pursuant to 
this subparagraph may be sold into the wholesale electricity market in 
conjunction with solicitations for standard-offer supply bids; 
C.  Any available renewable energy credits associated with capacity resources 
contracted under paragraph A.  The price paid by the investor-owned transmission 
and distribution utility for the renewable energy credits must be lower than the price 
received for those renewable energy credits at the time they are sold by the 
investor-owned transmission and distribution utility; and
D.  Transmission capacity, capacity resources, energy or renewable energy credits 
pursuant to a regional procurement process in conjunction with other states.
The commission may permit, but may not require, investor-owned transmission and 
distribution utilities to enter into contracts for differences that are designed and intended 
to buffer ratepayers in the State from potential negative impacts from transmission 
development.  To the greatest extent possible, the commission shall develop procedures 
for long-term contracts for investor-owned transmission and distribution utilities under 
this subsection having the same legal and financial effect as the procedures used for 
standard-offer service pursuant to section 3212 for investor-owned transmission and 
distribution utilities.
The commission may enter into contracts for interruptible, demand response or energy 
efficiency capacity resources.  These contracts are not subject to the rules of the State 
Purchasing Agent Chief Procurement Officer.  In a competitive solicitation conducted 
pursuant to subsection 6, the commission shall allow transmission and distribution 
utilities to submit bids for interruptible or demand response capacity resources.
Capacity resources contracted under this subsection may not exceed the amount 
necessary to ensure the reliability of the electric grid of this State, to meet the energy 
efficiency program budget allocations articulated in the triennial plan as approved by the 
commission pursuant to section 10104, subsection 4 or any annual update plan approved 
by the commission pursuant to section 10104, subsection 6 or to lower customer costs as 
determined by the commission pursuant to rules adopted under subsection 10.
Unless the commission determines the public interest requires otherwise, a capacity 
resource may not be contracted under this subsection unless the commission determines 
that the capacity resource is recognized as a capacity resource for purposes of any 
regional or federal capacity requirements.
The commission shall ensure that any long-term contract authorized under this subsection 
is consistent with the State's goals for greenhouse gas reduction under Title 38, section 
and the regional greenhouse gas initiative as described in the state climate action plan 
required in Title 38, section 577.
By January 1st of each year, the commission shall submit a report to the joint standing 
committee of the Legislature having jurisdiction over energy and utilities matters on the 
procurement of transmission capacity, capacity resources, energy and renewable energy 
credits in the preceding 12 months under this subsection, the Community-based 
Renewable Energy Act and deep-water offshore wind energy pilot projects under Public 
Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369, 
Part H, sections 1 and 2 and chapter 378, sections 4 to 6. The report must contain 
information including, but not limited to, the number of requests for proposals by the 
commission for long-term contracts, the number of responses to requests for proposals 
pursuant to which a contract has been finalized, the number of executed term sheets or 
contracts resulting from the requests for proposals, the commission's initial estimates of 
ratepayer costs or savings associated with any approved term sheet, actual ratepayer costs 
or savings for the previous year associated with any procurement, the total ratepayer costs 
or savings at the time of the report and the megawatt-hours, renewable energy credits or 
capacity produced or procured through contracts. The report must also include a plan for 
the succeeding 12 months pertaining to the procurement of capacity resources, energy 
and renewable energy credits, including dates for requests for proposals, and types of 
resources to be procured.
Sec. 148.  35-A MRSA §3212, sub-§2, as amended by PL 1999, c. 577, §4 and c. 
578, §1, is further amended to read:
2.  Selection of standard-offer service providers.  After terms and conditions for 
standard-offer service have been established under subsection 1, the commission shall 
administer a bid process to select a standard-offer service provider for that transmission 
and distribution utility's service territory.  By December 1, 1999, the commission shall 
review the bid submissions for each transmission and distribution utility and select the 
standard-offer service provider or providers for that utility's service territory.
A.  The commission shall determine the general credit data and specific information 
from general load and usage data that transmission and distribution utilities must 
provide to potential standard-offer service bidders, including, but not limited to, 
monthly demand and energy consumption and the number of customers in each 
customer class.  The commission shall ensure that individual customer confidentiality 
is preserved in this process and that a transmission and distribution utility releases 
customer-specific data only with the customer's permission.  If the transmission and 
distribution utility incurs additional costs to develop and produce the required data, 
the commission shall permit that utility to recover those costs through transmission 
and distribution rates.
B.  The commission shall establish the maximum duration of a standard-offer service 
contract after considering all relevant factors, including, but not limited to, market 
risks and the need for price stability and contract flexibility.
C.  A competitive electricity provider that is an affiliate of a large investor-owned 
transmission and distribution utility may submit bids to provide standard-offer 
service for up to 20% of the electric load within the service territory of the large 
investor-owned transmission and distribution utility with which it is affiliated.  To 
prevent the unfair use of information possessed by a large investor-owned 
transmission and distribution utility, the commission shall ensure that a utility 
seeking to bid on standard-offer service has no greater access to relevant information 
than is provided to other potential bidders.
D.  A consumer-owned transmission and distribution utility and a small investor-
owned transmission and distribution utility may submit bids to provide standard-offer 
service for that utility's service territory.  To prevent the unfair use of information 
possessed by a consumer-owned transmission and distribution utility or a small 
investor-owned transmission and distribution utility, the commission shall ensure that 
a utility seeking to bid on standard-offer service has no greater access to relevant 
information than is provided to other potential bidders.
The commission shall adopt rules establishing a methodology for structuring the bidding 
process for standard-offer service in order to implement the provisions of this subsection.  
In adopting rules, the commission shall consider methods to ensure, to the extent 
possible, at least 3 providers of standard-offer service in each transmission and 
distribution utility service territory, as long as the method does not result in any 
significant adverse impacts on rates paid by consumers.  Rules adopted under this 
subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 
2-A.
Notwithstanding any other provision of this Title, the commission may, in the event of a 
default by a standard-offer service provider, require the transmission and distribution 
utility in whose service territory the provider was providing standard-offer service to 
arrange and to provide for default service.  Notwithstanding any other provision of this 
Title, the commission may, in the event that the commission receives no bids to provide 
standard-offer service in a transmission and distribution utility's territory or the 
commission determines that the bids it receives are inadequate or unacceptable, require 
the transmission and distribution utility to arrange and to provide for default service.  
Notwithstanding any other provision of this Title, the commission may require a 
transmission and distribution utility to provide default service to its customers that are not 
located within either the New England independent system operator control area or the 
Maritimes control area; and this default service pursuant to this sentence must be 
provided to customers at the same price and on the same terms and conditions as 
standard-offer service is provided to the customers of the transmission and distribution 
utility in the standard-offer class in which the customer is eligible to receive service.  The 
arrangement and provision of such this default service by a transmission and distribution 
utility does do not constitute selling electric energy or capacity at retail for purposes of 
section 3205, subsection 2.
Notwithstanding Title 5, section 1831, the commission is not subject to rules adopted by 
the State Purchasing Agent Chief Procurement Officer in conducting the competitive 
bidding process required under this section.
Sec. 149.  35-A MRSA §10104, sub-§9, as amended by PL 2017, c. 110, §34, is 
further amended to read:
9.  Coordination with other entities.  Consistent with the requirements of this 
chapter and other applicable laws, the board shall coordinate with the activities and 
programs of state agencies and authorities that relate to the purposes of this chapter in 
order to align such activities and programs with the plans and programs of the trust.  For 
purposes of this subsection, activities and programs of state agencies and authorities that 
relate to the purposes of this chapter include but are not limited to energy efficiency 
programs relating to state facilities administered by the Department of Administrative and 
Financial Services, Bureau of General Services Real Estate Management, the adoption, 
amendment and maintenance of the Maine Uniform Building and Energy Code by the 
Technical Building Codes and Standards Board, established in Title 5, section 12004-G, 
subsection 5-A within the Department of Public Safety, energy efficiency or green energy 
workforce development activities of the Department of Labor or the State Workforce 
Board and energy efficiency and weatherization programs administered by the Maine 
State Housing Authority.
Sec. 150.  35-A MRSA §10105, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended to read:
4.  Chief Procurement Officer rules. Notwithstanding Title 5, section 1831, the 
trust is not subject to rules adopted by the State Purchasing Agent Chief Procurement 
Officer in selecting service providers pursuant to this chapter. The trust shall consider 
delivery of programs by means of contracts with service providers that participate in 
competitive bid processes for providing services within individual market segments or for 
particular end uses.
Sec. 151.  35-A MRSA §10110, sub-§3, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended to read:
3.  Implementation.  The trust shall seek to implement the delivery of conservation 
programs in all regions of the State on an equitable basis and to citizens at all income 
levels.  The trust may arrange the delivery of conservation programs by contracting with 
service providers.  The trust shall select service providers in accordance with this 
subsection.
A.  The trust shall select service providers through a competitive bidding process.
B.  To the extent practicable, the trust shall encourage the development of resources, 
infrastructure and skills within the State by giving preference to in-state service 
providers.
C.  Notwithstanding paragraph A:
(1)  The trust may select a service provider for one or more conservation 
programs without employing a competitive bidding process if the trust finds that 
the selection of the service provider will promote the efficient and effective 
delivery of conservation programs and is consistent with the objectives and 
overall strategy of the conservation programs; and
(2)  For the delivery of conservation programs to low-income residential 
consumers, the commission, without employing a competitive bidding process, 
may use the delivery system for the Weatherization Assistance for Low-income 
Persons Program administered through the United States Department of Energy 
and the network of for-profit and not-for-profit entities who have held contracts 
with transmission and distribution utilities to deliver conservation services to 
low-income and residential customers.
In accordance with section 10105, the trust is not subject to rules adopted by the State 
Purchasing Agent Chief Procurement Officer in selecting service providers pursuant to 
this subsection.  The board shall adopt rules establishing procedures governing the 
selection of service providers under this subsection.  The board shall consult with the 
State Purchasing Agent Chief Procurement Officer in developing the rules.
A trade association aggregator is eligible to participate in competitive bid processes under 
this subsection.
Sec. 152.  36 MRSA §191, sub-§2, ¶JJ, as amended by PL 2009, c. 361, §12, is 
further amended to read:
JJ.  The disclosure to the State Purchasing Agent Chief Procurement Officer of a 
person's sales tax standing as necessary to enforce Title 5, section 1825-B, subsection 
14; 
Sec. 153.  36 MRSA §4372-A, sub-§7, as amended by PL 1999, c. 616, §6, is 
further amended to read:
7.  Hearings; disposition; deposit of funds.  At a hearing, other than a default 
proceeding, the court shall hear evidence, make findings of fact, enter conclusions of law 
and file a final order from which the parties have the right of appeal.  When cigarettes are 
ordered forfeited, the final order must provide for the disposition of the cigarettes by the 
State Tax Assessor by public auction or by the State Purchasing Agent Chief 
Procurement Officer.  Proceeds must be deposited in the General Fund.  Cigarettes 
described in section 4366-C, subsection 1 must be destroyed by the State Tax Assessor in 
a manner that prevents their reintroduction into the marketplace.
Sec. 154.  36 MRSA §4404-C, sub-§7, as enacted by PL 2005, c. 627, §11, is 
amended to read:
7.  Hearings; disposition; deposit of funds.  At a hearing other than a default 
proceeding, the court shall hear evidence, make findings of fact, enter conclusions of law 
and file a final order to which the parties have the right of appeal. When tobacco products 
are ordered forfeited, the final order must provide for the disposition of the tobacco 
products by the assessor by public auction or by the State Purchasing Agent Chief 
Procurement Officer. Proceeds must be deposited in the General Fund. Tobacco products 
described in section 4404-B, subsection 1 must be destroyed by the assessor in a manner 
that prevents their reintroduction into the marketplace.
Sec. 155.  37-B MRSA §157, sub-§2, ¶E, as enacted by PL 2003, c. 646, §5, is 
amended to read:
E.  In accordance with applicable law, proceeds from the sale of vehicles and 
equipment under the administrative control of the Maine Military Authority by the 
state surplus property program in the Department of Administrative and Financial 
Services, Bureau of General Services Business Management.
Sec. 156.  38 MRSA §1303-C, sub-§6, ¶D, as amended by PL 2011, c. 655, Pt. 
GG, §7 and affected by §70, is further amended to read:
D.  Beginning January 1, 2007, a solid waste facility owned and controlled by the 
Department of Administrative and Financial Services, Bureau of General Services 
Real Estate Management under chapter 24;
Sec. 157.  38 MRSA §2101-A, sub-§3, as enacted by PL 2011, c. 655, Pt. GG, 
§28 and affected by §70, is amended to read:
3.  
Bureau.  
"Bureau" means the Bureau of General Services Real Estate 
Management within the Department of Administrative and Financial Services as 
authorized pursuant to Title 5, section 1742.
Sec. 158.  39-A MRSA §105-A, sub-§6, ¶B, as enacted by PL 2011, c. 403, §3, 
is amended to read:
B.  The board and the Department of Administrative and Financial Services, Bureau 
of General Services Real Estate Management shall cooperate and provide notice to 
each other regarding the letting of state-funded construction projects and any 
stop-work order, debarment or other action as either may take or issue.
Sec. 159.  Department of Administrative and Financial Services; Chief 
Facilities Officer position established. The Department of Administrative and 
Financial Services, Bureau of Human Resources and Bureau of the Budget shall authorize 
and establish in the Department of Administrative and Financial Services, Public 
Improvements - Planning/Construction - Administration General Fund program account 
the permanent position of Chief Facilities Officer as a confidential position subject to the 
Civil Service Law funded from the elimination of the Director, Bureau of General 
Services position in the Public Improvements - Planning/Construction - Administration 
General Fund program account. The positions - legislative count for the Director, Bureau 
of General Services position must be used as authorization for the Chief Facilities Officer 
position.
Sec. 160.  Maine Revised Statutes amended; revision clause.  Wherever in 
the Maine Revised Statutes the words "Department of Administration" appear or 
reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Department of Administrative and Financial Services" or "department" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes.
Sec. 161.  Maine Revised Statutes amended; revision clause.    Wherever in 
the Maine Revised Statutes the words "Director of Public Improvements" appear or 
reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Chief Facilities Officer" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes.
Sec. 162.  Maine Revised Statutes amended; revision clause.    Wherever in 
the Maine Revised Statutes the words "Bureau of Public Improvements" appear or 
reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Bureau of Real Estate Management" or "bureau" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes.
Sec. 163.  Maine Revised Statutes amended; revision clause.    Wherever in 
the Maine Revised Statutes the words "Bureau of Purchases" appear or reference is made 
to that entity or those words, those words are amended to read or mean, as appropriate, 
"Bureau of Business Management" or "bureau" and the Revisor of Statutes shall 
implement this revision when updating, publishing or republishing the statutes.
Sec. 164.  Maine Revised Statutes amended; revision clause.    Wherever in 
the Maine Revised Statutes the words "State Purchasing Agent" appear or reference is 
made to that entity or those words, those words are amended to read or mean, as 
appropriate, "Chief Procurement Officer" and the Revisor of Statutes shall implement this 
revision when updating, publishing or republishing the statutes.
SUMMARY
This bill is introduced in accordance with Public Law 2017, chapter 284, Part 
QQQQQ, section 3. The bill removes the Director of the Bureau of General Services from 
the list of state officials whose salaries are subject to adjustment by the Governor. It 
removes the authority and responsibility for general services functions and activities in 
the Department of Administrative and Financial Services from the Bureau of General 
Services and the Director of the Bureau of General Services and transfers that authority 
and responsibility to a Bureau of Business Management headed by the Chief Procurement 
Officer and a Bureau of Real Estate Management headed by the Chief Facilities Officer, a 
position created by the bill.
The bill removes and corrects references to the Bureau of Purchases, the State 
Purchasing Agent, the Director of Public Improvements and the Department of 
Administration, all of which no longer exist as a result of the creation of the Department 
of Administrative and Financial Services. It includes revision clauses to authorize the 
Revisor of Statutes to implement any necessary changes in statutory references when 
updating, publishing or republishing the statutes.
The bill also updates an outdated reference to standards for the recycled content of 
paper and paper products and removes outdated references to the Office of Waste 
Reduction and Recycling, whose duties have been absorbed by the Department of 
Environmental Protection.