An Act to Increase the Expenditure Limit for Informal Bidding Processes and Update References to the Office of Procurement Services
Maine Legislature, Session 131, LD 2047
Committee: State and Local Government
Sponsors: STOVER
Amends: 5 MRSA §1825-B, 1 MRSA §501-A, 3 MRSA §163, 5 MRSA §244, 5 MRSA §1762-A, 5 MRSA §1812-A, 5 MRSA §1812-B, 5 MRSA §1812-D, 5 MRSA §1812-E, 5 MRSA §1815, 5 MRSA §1816-A, 5 MRSA §1817, 5 MRSA §1818, 5 MRSA §1819, 5 MRSA §1824-B, 5 MRSA §1825-A, 5 MRSA §1825-C, 5 MRSA §1825-D, 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 §1831, 10 MRSA §1478, 23 MRSA §52, 28-A MRSA §83-C, 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 §10105, 35-A MRSA §10110, 36 MRSA §191, 36 MRSA §4372-A, 36 MRSA §4404-C

Legislative Document
No. 2047
H.P. 1309
House of Representatives, December 13, 2023
An Act to Increase the Expenditure Limit for Informal Bidding 
Processes and Update References to the Office of Procurement 
Services
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  5 MRSA §1825-B, sub-§2, ¶F, as amended by PL 1999, c. 105, §2, is 
further amended to read:
F.  The procurement of goods or services involves expenditures of $10,000 $25,000 or 
less, in which case the Director of the Bureau of General Services may accept oral 
proposals informal written quotes or bids; or
PART B
Sec. B-1.  1 MRSA §501-A, sub-§2, as enacted by PL 1997, c. 299, §1, is 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.
Sec. B-2.  1 MRSA §501-A, sub-§3, as amended by PL 2021, c. 549, §1, is further 
amended to read:
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 4 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.
Sec. B-3.  1 MRSA §501-A, sub-§6, as enacted by PL 1997, c. 299, §1, is amended 
to read:
6.  Forwarding of requisitions.  The State Purchasing Agent Chief Procurement 
Officer, Central Printing central printing service 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. B-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 Bureau of Purchases Office of Procurement Services, 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' 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. B-5.  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. B-6.  5 MRSA §1762-A, sub-§1, as enacted by PL 1991, c. 246, §1, is amended 
to read:
1.  Bureau of Purchases Office of Procurement Services.  The Bureau of Purchases 
Office of Procurement Services under chapter 155;
Sec. B-7.  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 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 Bureau of Purchases Office of Procurement Services 
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. B-8.  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 must be spent on paper and 
paper products with recycled material content;
B.  On or after October 1, 1991, not less than 30% shall must be spent on paper and 
paper products with recycled material content; and
C.  On or after October 1, 1993, not less than 50% shall  must 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 
of the Guideline for Federal Procurement of Paper and Paper Products, 40 Code of 
Federal Regulations, Part 250.  The State Purchasing Agent Chief Procurement Officer 
shall determine whether a paper or a 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 material 
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 material 
content.
Sec. B-9.  5 MRSA §1812-D, as amended by PL 2017, c. 475, Pt. A, §4, is further 
amended to read:
§1812-D.  Coordination of procurement information and policies
The Bureau of Purchases Office of Procurement Services shall coordinate with the 
Department of Transportation, the Department of Agriculture, Conservation and Forestry 
and the Department of Environmental Protection to develop a central database of 
information including, but not limited to, procurement policies, market information, 
technical data and demonstration project results.  This data must be compiled annually and 
provided to local public agencies by the Department of Environmental Protection.
Sec. B-10.  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. B-11.  5 MRSA §1815 is amended to read:
§1815.  Requisitions required
Except as otherwise provided in chapters 141 to 155 154 and this chapter and the rules 
and regulations adopted hereunder under those chapters and this chapter, 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 officer's authorized representative, shall examine each requisition submitted to him the 
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. B-12.  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. B-13.  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. B-14.  5 MRSA §1818 is amended to read:
§1818.  Deliveries
Supplies, materials and equipment, purchased or contracted for by the State Purchasing 
Agent, shall Chief Procurement Officer must be delivered by him the 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. B-15.  5 MRSA §1819 is amended to read:
§1819.  Unlawful purchases
Whenever any department or agency of the State Government, required by pursuant to 
chapters 141 to 155 154 and this chapter and rules and regulations adopted pursuant thereto, 
under those chapters and this chapter applying to the purchase of services, supplies, 
materials or equipment through the State Purchasing Agent, shall contract Chief 
Procurement Officer, contracts for the purchase of such services, supplies, materials or 
equipment contrary to chapters 141 to 155 154 and this chapter or the rules and regulations 
made hereunder adopted under those chapters and this chapter, such that 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 155 154 and this chapter or 
rules and regulations made hereunder adopted under those chapters and this chapter, the 
head of such that department or agency shall be is personally liable for the costs thereof, 
and if such the 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. B-16.  5 MRSA §1824-B, sub-§1, ¶B, as enacted by PL 2021, c. 332, §4, is 
amended to read:
B.  The director of the division of procurement services Chief Procurement Officer of 
the Office of Procurement Services within the Department of Administrative and 
Financial Services or the director's officer's designee;
Sec. B-17.  5 MRSA §1824-B, sub-§2, as enacted by PL 2021, c. 332, §4, is 
amended to read:
2.  Chair.  The director of the division of procurement services Chief Procurement 
Officer of the Office of Procurement Services within the Department of Administrative and 
Financial Services or the director's officer's designee shall serve as chair of the committee.
Sec. B-18.  5 MRSA §1825-A, sub-§2, as enacted by PL 1989, c. 785, §2, is 
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.
Sec. B-19.  5 MRSA §1825-A, sub-§3, as enacted by PL 1989, c. 785, §2, is 
amended to read:
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. B-20.  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. B-21.  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. B-22.  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. B-23.  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. B-24.  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. B-25.  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's first adopting those changes or substitutions as rules under this 
subchapter in accordance with the Maine Administrative Procedure Act, chapter 375.
Sec. B-26.  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. B-27.  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. B-28.  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. B-29.  5 MRSA §1825-K, sub-§3, as enacted by PL 2005, c. 554, Pt. A, §1, is 
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.
Sec. B-30.  5 MRSA §1825-K, sub-§4, as enacted by PL 2005, c. 554, Pt. A, §1, is 
amended to read:
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 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.
Sec. B-31.  5 MRSA §1825-K, sub-§5, as enacted by PL 2005, c. 554, Pt. A, §1, is 
amended to read:
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. B-32.  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 State of 
Maine contracts with vendors whose suppliers profit by providing 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. B-33.  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. B-34.  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. B-35.  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. B-36.  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. B-37.  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. B-38.  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 State Purchasing Agent 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. B-39.  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 State Purchasing Agent 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 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. B-40.  5 MRSA §1831, sub-§1, as amended by PL 2023, c. 405, Pt. A, §9, is 
further amended to read:
1.  Adoption of rules.  A department or agency of State Government, subject to 
chapters 141 to 152, purchasing services or awarding grants or contracts that are not subject 
to the authority of the Department of 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 and must be approved by the State 
Purchasing Agent Chief Procurement Officer prior to the procedure's 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 1‑A. A department or agency of State Government that 
does not adopt rules under this section is subject to rules adopted by the State Purchasing 
Agent Chief Procurement Officer under chapter 155, subchapter 1‑A.
Sec. B-41.  5 MRSA §1831, sub-§3, as amended by PL 2023, c. 405, Pt. A, §10, is 
further amended to read:
3.  Application.  The procedure adopted by a department or agency under this section 
may be used by the department or agency for any qualifying purchase or award of a contract 
or grant. This section may not be construed to require the adoption of new procedures for 
every new purchase, contract or award. This section may not be construed to require the 
State Purchasing Agent Chief Procurement Officer or the Department of 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 
Administrative and Financial Services under chapters 153 and 155.
Sec. B-42.  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 Bureau of 
Purchases Office of Procurement Services 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. B-43.  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. B-44.  28-A MRSA §83-C, sub-§3, as amended by PL 2021, c. 658, §56, is 
further amended to read:
3.  Purchase.  Oversee the wholesale purchase and storage of spirits for sale in the 
State.  Spirits delivered to the wholesale spirits provider and stored at a warehouse 
designated by the commission under section 81 are the property of the spirits 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.  The wholesale spirits provider 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. B-45.  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. B-46.  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. B-47.  34-B MRSA §1404, sub-§1, as corrected by RR 2019, c. 2, Pt. B, §89, 
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 that official's 
successor in office.
Sec. B-48.  35-A MRSA §1908, as enacted by PL 2013, c. 369, Pt. B, §1, is amended 
to read:
§1908.  Exemption from State Purchasing Agent Chief Procurement Officer rules
Notwithstanding any other provision of law to the contrary, 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. B-49.  35-A MRSA §3210-C, sub-§3, as amended by PL 2023, c. 77, §7, is 
further amended by amending the 2nd blocked paragraph to read:
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.
Sec. B-50.  35-A MRSA §3212, sub-§2, as amended by PL 1999, c. 577, §4 and c. 
578, §1, is further amended by amending the 3rd blocked paragraph to read:
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. B-51.  35-A MRSA §10105, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended to read:
4.  Purchasing agent 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. B-52.  35-A MRSA §10110, sub-§3, as enacted by PL 2009, c. 372, Pt. B, §3, 
is amended by amending the first blocked paragraph to read:
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.
Sec. B-53.  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. B-54.  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. B-55.  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.
SUMMARY
Part A of this bill increases the limit for using informal bidding processes for the 
procurement of goods or services from $10,000 or less to $25,000 or less and replaces "oral 
proposals" with "informal written quotes" in this provision.
Part B of the bill replaces the term "Bureau of Purchases" with "Office of Procurement 
Services" and the term "State Purchasing Agent" with "Chief Procurement Officer" 
throughout the Maine Revised Statutes and makes minor technical corrections and 
grammatical changes.