An Act To Require Responsible Contracting on Public Construction Projects
Maine Legislature, Session 128, LD 1382
Committee: State and Local Government
Sponsors: COLLINGS, JACKSON, BRYANT, GOLDEN, RYKERSON, STANLEY, SYLVESTER, TUCKER, DION

Legislative Document
No. 1382
H.P. 961
House of Representatives, April 11, 2017
An Act To Require Responsible Contracting on Public Construction 
Projects
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator JACKSON of Aroostook and
Representatives: BRYANT of Windham, DeCHANT of Bath, GOLDEN of Lewiston, 
RYKERSON of Kittery, STANLEY of Medway, SYLVESTER of Portland, TUCKER of 
Brunswick, Senator: DION of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA c. 155, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
RESPONSIBLE CONTRACTING 
§1826-P.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Bureau.  "Bureau" means the Bureau of General Services within the Department 
of Administrative and Financial Services. 
2.  Class A apprenticeship program.  "Class A apprenticeship program" means an 
apprenticeship program that is registered with and approved by the United States 
Department of Labor or a state apprenticeship agency as defined in Title 26, section 3201, 
subsection 22 and has graduated apprentices to journeyman status for at least 3 of the past 
years. 
3.  Construction project.  "Construction project" or "project" means a publicly 
funded project to build, construct or complete major alteration or repair of buildings or 
public works that is funded with state funds in excess of $50,000 or receives other 
financial assistance from the State with a value in excess of $50,000. 
4.  Contractor.  "Contractor" means a developer, construction manager, prime 
contractor, subcontractor or any other entity that performs work on a construction project 
or submits a bid to perform such work. 
5.  Craft worker. "Craft worker" is a person who possesses experience and 
proficiency in a trade involved in building construction. 
6.  Prime contractor.  "Prime contractor" is a contractor that has entered into a 
contract with the State for a construction project and that is responsible for completion of 
the project even if that prime contractor employs one or more subcontractors to carry out 
portions of the project. 
§1826-Q.  Contractor responsibility certification 
A contractor that submits a bid or is included as a contractor on a bid for a 
construction project shall submit a contractor responsibility certification form at the time 
of the bid and meet all requirements of this section. The bureau shall administer the 
contractor responsibility certification process and provide necessary forms to potential 
bidders. 
1.  Certification requirements.  A contractor submitting a contractor responsibility 
certification form under this section shall make the following certifications and meet the 
following requirements. 
A.  The contractor and its employees shall hold all valid and effective licenses, 
registrations or certificates required by federal, state, county or local law, rules or 
ordinances, including, but not limited to, licenses, registrations or certificates 
required to conduct business in the designated location and to perform the 
construction, trade or specialty work the contractor proposes to perform. 
B.  The contractor shall meet any bonding requirements and insurance requirements 
required by applicable law or by the contract. Insurance requirements may include, 
but are not limited to, general liability insurance, workers' compensation insurance 
and unemployment insurance. 
C.  The contractor shall certify that it has not been suspended or debarred from 
eligibility to receive government contracts, including subcontracts, by any federal, 
state or local government entity or authority in the 3 years prior to the date of the bid. 
D.  The contractor shall certify that it has not defaulted on any construction project in 
the 3 years prior to the date of the bid. 
E.  The contractor shall certify that it has not been convicted of any crime relating to 
its contracting business in the 10 years prior to the date of the bid. 
F.  The contractor shall certify that it has not been found in violation of any law 
applicable to its contracting business and required, as a result of the violation, to 
make payment of a fine, back pay, damages or any other type of penalty in the 
amount of $1,000 or more, within the 3 years prior to the date of the bid. 
G.  If the contractor is the prime contractor on the bid, the contractor shall commit to 
paying all craft workers employed on the project the wage rates and fringe benefits 
required by prevailing wage law under Title 26, section 1306 and shall commit to  
requiring all craft workers employed on the project to complete a 10-hour training 
course for safety established by the United States Department of Labor, Occupational 
Safety and Health Administration prior to work on the project. 
H.  The contractor must have participated in a Class A apprenticeship program for the 
years prior to the date of the bid for each separate trade or occupational 
classification in which it proposes to employ craft workers on the project and shall 
commit to continue such participation for the duration of the contract, except that if 
the contractor participates in a recently formed apprenticeship program for a craft it 
employs, it may satisfy the apprenticeship requirement by providing documentation 
that the program in which it participates has been established within the 5 years prior 
to the date of the bid; is currently registered with and approved by the United States 
Department of Labor or a state apprenticeship agency as defined in Title 26, section 
3201, subsection 22; provides bona fide apprenticeship training to participants; and is 
in compliance with the standards and requirements applicable to registered 
apprenticeship programs under 29 Code of Federal Regulations, Part 29. 
I.  The contractor shall certify that it has verified the employment eligibility of all 
craft workers to be used on the project using the Internet-based program operated by 
the United States Government to allow businesses to determine the eligibility of their 
employees to work in the United States. 
J.  The contractor shall certify that it will require craft workers used on the project to 
pass a drug and alcohol test administered by a 3rd-party entity approved by the 
bureau that provides at least preemployment and postaccident testing. 
K.  The contractor shall certify that it possesses the technical qualifications and 
resources, including equipment, personnel and financial resources, to meet the 
requirements of the contract. 
L.  The contractor shall commit to maintain all qualifications, resources and 
capabilities referenced in the certification form throughout the duration of the project. 
M.  The contractor shall certify that it will notify the bureau within 7 days of any 
material changes to any matters attested to in the certification form. 
N.  If the contractor is the prime contractor on the bid, the contractor shall certify 
that, if it receives a notice of intent to award the contract, it will provide a list of all 
subcontractors and all required subcontractor information under section 1826-R. 
2.  Execution; additional requirements.  The contractor responsibility certification 
form must be executed by a person who has sufficient knowledge to address all matters in 
the certification and must include an attestation stating, under penalty of perjury, that the 
information submitted is true, complete and accurate. Execution of the certification does 
not establish a presumption of contractor responsibility. The bureau may require any 
additional information it considers necessary to evaluate a contractor's status as a 
responsible contractor, including technical qualifications, financial capacity or evidence 
of other resources and performance capabilities.  The bureau may require that such 
information be included in a separate statement of qualifications and experience or as an 
attachment to the certification form. 
3.  Statement relating to control of or by separate entity.  If the contractor has 
operated under another name or has controlled or been controlled by another company or 
business entity in the 5 years prior to the date of the bid, the contractor shall attach a 
separate statement to its bid that explains in detail the nature of any such change of 
relationship. The bureau may require additional information if the change or relationship 
in question could potentially affect contract performance. 
4.  Disqualification.  Failure to provide a contractor responsibility certification form 
in accordance with subsection 1 and meet all requirements of this section disqualifies a 
contractor from bidding on a contract. 
§1826-R.  Contract award; public review; bureau review 
1.  Notice of intent to award.  After an evaluation of bids received, the bureau shall 
issue a notice that it intends to award the contract to the best-value bidder in accordance 
with section 1825-B.  The notice must be issued as soon as practicable after bids are 
submitted. The notice must stipulate that the contract award will be conditioned on the 
issuance of a written determination of contractor responsibility as required by subsection 
and any other conditions determined appropriate by the bureau. 
2.  Subcontractor list and certifications.  Within 7 days from the date of notice of 
intent to award the contract under subsection 1, a prospective awardee shall submit to the 
bureau a subcontractor list containing the names of subcontractors that will be used for 
the referenced project, the addresses of the subcontractors and a description of the work 
each listed subcontractor will perform on the project, along with an executed contractor 
responsibility certification form for each listed subcontractor in accordance with the 
requirements of section 1826-Q. 
3.  Public review period.  The bureau shall provide a public review period of 21 
days following the issuance of the notice of intent to award the contract. Upon issuing the 
notice of intent to award the contract, the bureau shall make available to the public the 
contractor responsibility certification forms and the subcontractor list for the prospective 
awardee through a publicly accessible website or by other comparable means. During the 
public review period, any person may protest a contractor or subcontractor for failing to 
meet applicable requirements of this subchapter or on any other relevant grounds by 
submitting a letter with supporting evidence to the bureau. 
4.  Bureau review of contractor and subcontractor.  After issuing a notice of intent 
to award the contract, the bureau shall conduct a review, over a period of 30 days, to 
verify whether the prospective awardee, including the lead contractor and any 
subcontractors, meets the responsible contractor requirements of this subchapter, meets 
the requirements of any other applicable laws and rules and possesses the resources, 
qualifications and capabilities to successfully perform the contract.  As part of this 
review, the bureau shall verify that the contractor responsibility certification form has 
been submitted and properly executed for the contractor and all designated 
subcontractors. The bureau may conduct any additional inquiries necessary to verify that 
the prospective awardee and its subcontractors have a sufficient record of compliance 
with the law and business integrity to justify the award of the contract.  In conducting the 
inquiries, the bureau may seek relevant information from the contractor, its prior clients 
or customers, its subcontractors or any other relevant source. 
If, in the course of its review, the bureau determines that a subcontractor listed pursuant 
to subsection 2 does not meet the requirements of this subchapter, the bureau may permit 
the prospective awardee to substitute a qualified subcontractor that meets the 
requirements of this section; require the prospective awardee to perform the work in 
question if the prospective awardee has the required experience, licenses and other 
qualifications to perform such work; or disqualify the prospective awardee. If the bureau 
determines that a subcontractor does not meet the requirements of this subchapter, the 
prospective awardee may not make any contractual claim against the bureau on the basis 
of a subcontractor disqualification. 
5.  Written determination.  If, at the conclusion of the review required by 
subsection 4, the bureau determines that all contractor responsibility certification forms 
have been properly completed and executed and the qualifications, background and 
responsibility of the prospective awardee and its subcontractors are satisfactory, it shall 
issue a written determination verifying that the prospective awardee is a qualified 
responsible contractor.  If the bureau determines that the prospective awardee does not 
meet the requirements of this subchapter, the bureau shall advise the prospective awardee 
of its determination in writing and proceed to consider the 2nd best-value bidder or, if 
necessary, rebid the project.  The determination of contractor responsibility must be 
issued no less than 30 days after the date of the notice of intent to award the contract.  
The bureau may revoke or revise the determination of contractor responsibility at any 
time if the bureau obtains relevant information warranting any such revocation or 
revisions. 
§1826-S.  False or misleading information 
If at any time the bureau determines that a contractor responsibility certification form 
submitted pursuant to section 1826-Q contains false or misleading material information 
provided by a contractor knowingly or with reckless disregard for the truth or evidences 
an omission of material information knowingly or with reckless disregard for the truth by 
the contractor, the bureau shall prohibit the contractor for which the certification form 
was submitted from being awarded any contract covered by this subchapter for a period 
of 3 years and apply any other penalties and sanctions, including contract termination, 
available to the State. For a contract terminated under this section, the State may withhold 
payment due to the contractor as damages. 
§1826-T.  Contract execution 
The bureau may not execute a contract with a contractor subject to this subchapter 
until all requirements of this subchapter are met by the contractor. 
§1826-U.  Relationship to other requirements 
The requirements of this subchapter are intended to supplement, but not replace, 
contractor qualification and performance standards required by existing law, rule and 
contract documents. If any of the provisions of this subchapter conflict with any other 
law, rule or contract documents, the requirements of this subchapter prevail. 
§1826-V.  Application 
The requirements of this subchapter apply only to contracts executed after the 
effective date of this subchapter, except that the exercise of an option on a contract 
entered into prior to the effective date of this subchapter is deemed to create a new 
contract for purposes of this subchapter. 
§1826-W.  Rules 
The bureau shall adopt rules to implement this subchapter. Rules adopted under this 
section are routine technical rules as defined in chapter 375, subchapter 2-A. 
SUMMARY 
The purpose of this bill is to ensure that the work on public construction and 
maintenance contracts is performed by responsible, qualified firms that maintain the 
capacity, expertise, personnel and other qualifications and resources necessary to 
successfully perform public contracts in a timely, reliable and cost-effective manner.  
This bill establishes responsible contractor requirements for publicly funded construction 
projects that receive state funds in excess of $50,000 or other financial assistance from 
the State with a value in excess of $50,000.  The bill outlines a responsible contractor 
certification process to be administered by the Department of Administrative and 
Financial Services, Bureau of General Services.