An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects
Maine Legislature, Session 129, LD 0226
Committee: State and Local Government
Sponsors: SYLVESTER, HANDY, KESSLER, MAXMIN, PLUECKER, RYKERSON
Amends: 5 MRSA §1743-D

Legislative Document
No. 226
H.P. 189
House of Representatives, January 22, 2019
An Act To Require the Use of Preapproved Subcontractors for 
Publicly Funded Construction Projects
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Representatives: HANDY of Lewiston, KESSLER of South Portland, 
MAXMIN of Nobleboro, McCREA of Fort Fairfield, PLUECKER of Warren, RYKERSON of 
Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1743-D is enacted to read:
§1743-D.  Preapproved subcontractors
1.  Subcontractor chosen from preapproved list.  A proposer, as defined in section 
1743, that is awarded a capital improvement contract subject to competitive bidding in 
accordance with this subchapter with a value greater than $100,000 and that included in 
its bid the use of a subcontractor must be assigned a subcontractor from a list of approved 
subcontractors compiled by the Director of the Bureau of General Services as described 
in this section.  If the work of the subcontractor included in the proposer's bid has a 
good-faith estimate value of $10,000 or less, the proposer may use a subcontractor of the 
proposer's choosing.
2.  Compilation of preapproved subcontractor list.  The Director of the Bureau of 
General Services shall submit, at regular intervals, a general request for proposals for the 
components of future capital improvement projects listed in subsection 3.  The form for a 
general request for proposals may be determined by the director.  The request for 
proposals must indicate that the bidder is seeking to be included on a list of preapproved 
subcontractors to be selected to complete a component of capital improvement projects, 
as listed in subsection 3, for which future contracts may be awarded.  The subcontractor's 
bid must be submitted in a manner that allows the director to estimate the cost to 
complete the subject component of a capital improvement project.  A subcontractor that 
submits a bid to be included on the preapproved list may indicate any general contractors 
with whom the subcontractor prefers to work and any general contractors with whom the 
subcontractor chooses not to work.
3.  Project components subject to selection from preapproved list.   The Director 
of the Bureau of General Services shall compile a list of approved subcontractors for the 
following components of capital improvement projects:
A.  Roofing and flashing;
B.  Waterproofing, damp-proofing and caulking;
C.  Lathing and plastering;
D.  Marble;
E.  Terrazzo;
F.  Heating, ventilation and air conditioning;
G.  Painting;
H.  Masonry;
I.  Glass and glazing;
J.  Plumbing;
K.  Electrical;
L.  Elevators;
M.  Metal windows;
N.  Ornamental iron or metal work;
O.  Acoustical tile; and
P.  Resilient floors.
4.  Rules.  The Director of the Bureau of General Services shall adopt rules to 
administer this section.  Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires the use of preapproved subcontractors for certain components of 
work included in bids awarded to general contractors for public improvement 
construction projects subject to competitive bidding.