reglab/statecodes huggingface dataset:
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 8 - ALTERNATIVE PROJECT DELIVERY METHODS › Section 554-8-4 - Request for Qualifications, RFQ

Current through 2024-29, July 17, 2024
1.
Approval
				Required
A contract may be awarded for construction of a public
				  improvement by an alternative delivery method only after the Director has
				  received the recommendation of the Review Panel in accordance with this
				  Chapter, and has issued written approval to proceed by the noted alternative
				  delivery method.
2.
Issuance
A. The Bureau shall initiate
				the process of solicitation of bids for contracts for alternative delivery
				projects by publishing an advertisement requesting qualifications of firms to
				provide the required services.
B.
				The Bureau will make copies of each RFQ form available to all firms on an equal
				basis.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part I - GENERAL › Section 554-11-I-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
Summary:
This section states the purpose and
					 scope of the Bureau of General Services' Rules governing qualification of
					 professionals for single source procurement by the Bureau for services
					 involving expenditures not exceeding $25,000.
Title 5, subsection 1742(6) of the Maine Revised Statutes
					 Annotated governs the process by which the Bureau of General Services (BGS,
					 Bureau) selects professionals for the planning, design, and monitoring of
					 public improvements. Subsection 1742(6) authorizes the Bureau to prepare a list
					 of professionals that are eligible for single source procurement when the cost
					 of services does not exceed $25,000.
The purpose of this Chapter is to implement the Bureau's
					 statutory authority to qualify professionals for single source selection. The
					 Chapter sets forth requirements and procedures for eligibility, as well as
					 application procedures, the standards for qualification of professionals, and
					 contractual considerations.
This Chapter does not apply to the Bureau's selection of
					 professionals through the issuance of a request for qualifications. Selection
					 of such service providers through the issuance of a request for qualifications
					 is governed by Chapter 001 of the Bureau's rules.
NOTE:
This Chapter applies only when the cost
					 of the services is $25,000 or less and will be performed by a qualified
					 professional; Chapter 001 applies in all instances when the cost of the
					 services exceeds $25,000. When the cost of services does not exceed $25,000,
					 however, the Bureau may select a professional
either
(1) by
					 single source selection under this Chapter,
or
(2) by issuance
					 of a request for qualifications under Chapter 001.
STATUTORY AUTHORITY:
						 5 M.R.S.A.
						§1742(6)
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part II - ELIGIBILITY AND APPLICATION FOR QUALIFICATION › Section 554-11-II-11 - Eligibility for Qualification

Current through 2024-29, July 17, 2024
Summary:
This section establishes the procedure
					 for the Bureau's preparation of a list of qualified professionals and
					 establishes requirements for eligibility for qualification.
1.
Schedule of Categories
After adoption of this Chapter, pursuant to 5 M.R.S.A.
					 §1742(6), the Bureau shall prepare a schedule of the categories of
					 services that in the normal course of BGS operations are likely to be utilized
					 by the Bureau in the planning, design, and monitoring of the construction of
					 public improvements. The Bureau shall review that schedule at least every two
					 years. The Bureau may amend the schedule if the Bureau determines that
					 amendment is necessary to carry out the purposes of 5 M.R.S.A.
					 §1742(6).
2.
List of Qualified Professionals
After preparing the schedule described in §11(1), the
					 Bureau shall solicit applications through the means of publication and
					 application described in § 12, infra, from licensed or otherwise
					 credentialed professionals interested in being included on the list of
					 qualified professionals. To be eligible for qualification, an individual or
					 organization must:
A. Be a
				  professional;
B. Apply for
				  qualification in accordance with 5 M.R.S.A. §1742(6) and this Chapter;
				  and
C. Satisfy the qualification
				  standards established by paragraph 21(2)(A), infra, of this Chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part II - ELIGIBILITY AND APPLICATION FOR QUALIFICATION › Section 554-11-II-12 - Application for Qualification

Current through 2024-29, July 17, 2024
Summary:
This section establishes the
					 requirements for an application for qualification.
1.
Advertisement
A.
Timing.
At least every two
				  years the Bureau shall review and, at its discretion, amend the schedule
				  prepared pursuant to section 11(1), supra. The Bureau then shall publish one or
				  more advertisements that it is accepting applications for qualification in
				  accordance with 5 M.R.S.A. §1742(6). The Bureau shall not accept an
				  application for qualification unless the application is received in response to
				  and in accordance with the advertisement referred to in this
				  subsection.
B.
Publication.
The Bureau shall publish the advertisement in the Kennebec
				  Journal, the Maine Sunday Telegram, the Bangor Daily News, and the Lewiston Sun
				  Journal. The Bureau also may publish the advertisement on an appropriate State
				  web site, as well as in professional journals or other publications that the
				  Bureau determines would be an effective means of communicating the notice that
				  it is accepting applications.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part III - SELECTION FOR QUALIFICATION › Section 554-11-III-21 - Selection for Qualification

Current through 2024-29, July 17, 2024
Summary:
This section establishes procedures
					 and standards for the Bureau's selection of applicants for
					 qualification.
1.
Selection by
				  Bureau
The Bureau shall select applicants for qualification in
					 accordance with the procedures and standards of this section.
At or before the deadline for submission of applications
					 for qualification under this Chapter, the Director of Construction shall
					 appoint a team from among the Bureau's Professional Services staff to review
					 the applications, determine whether each applicant is qualified to provide the
					 services the applicant has applied to perform, and recommend to the Director of
					 Construction whether the application should be approved or denied. Based on the
					 recommendation of the team and the Director of Construction's review of the
					 application, the Director of Construction shall make a final determination as
					 to whether the applicant is eligible for qualification to provide such
					 services.
2.
Standards and Basis for Selection
A.
				  Standards. In determining whether an applicant is capable of performing a
				  particular service for which the applicant seeks qualification, the Bureau may
				  request from the applicant information about the following:
1. Licensure, certification, and/or
				  registration, as applicable;
2.
				  Competency;
3.
				  Experience;
4. Training;
5. Financial and bonding capacity;
6. Insurance;
7. Personnel;
8. Liability and claims experience.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part III - SELECTION FOR QUALIFICATION › Section 554-11-III-22 - Term of Qualification

Current through 2024-29, July 17, 2024
Summary:
This section makes clear that a
					 professional may remain on the Bureau's list until the Bureau issues a new
					 list. The section also authorizes the Bureau to remove an individual or
					 organization from the list upon or after the occurrence of specified
					 events.
1.
Length of Term
An individual or organization may remain on the Bureau's
					 list of qualified professionals until the Bureau issues a new list, pursuant to
					 sections 12 and 21, supra, of this Chapter, or until the Bureau removes the
					 individual or organization from the list, pursuant to subsection 22(2).
2.
Removal from the List of
				  Qualified Professionals
A.
Removal.
The Bureau may remove an individual or organization from
				  its list of qualified professionals upon or after the occurrence of any of the
				  following:
1. Conviction of a State or
				  federal crime by the individual or organization, or by an employee of the
				  organization;
2. A material
				  misrepresentation on the individual's or organization's application for
				  qualification;
3. A filing by the
				  individual or organization for bankruptcy or insolvency;
4. A material, unresolved breach of contract
				  with any public agency by the individual or organization;
5. Loss by an organization of a key employee,
				  or an adverse material change in the organization or personnel;
6. Loss by a key employee of an organization,
				  an individual, or an organization, of a license or certification that is
				  necessary for him or her to perform a particular service, or the lapsing of a
				  registration that is necessary for a key employee to perform a particular
				  service; or
7. Initiation of a
				  regulatory enforcement action against an individual or organization.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 11 - RULES GOVERNING QUALIFICATION OF PROFESSIONALS FOR SINGLE SOURCE PROCUREMENT OF SERVICES THAT DO NOT EXCEED $25,000 › Part IV - CONTRACTING WITH QUALIFIED PROFESSIONALS › Section 554-11-IV-31 - Contracting with Qualified Professionals

Current through 2024-29, July 17, 2024
Summary: This section contains requirements relating to
					 contracts entered into between the Bureau and qualified professionals.
1.
Confirmation of Information
Before the Bureau enters into a single source contract with
					 a qualified professional pursuant to this Chapter, the qualified professional
					 shall inform the Bureau whether any information contained in the application
					 submitted by the qualified professional, pursuant to section 12, supra, of this
					 Chapter, has changed.
2.
Fees
Fees shall be determined for all professional services by
					 the Bureau's acceptance of a negotiated, detailed written fee proposal
					 submitted by the professional.
3.
Reimbursable Expenses
In entering into a contract under this Chapter, the Bureau
					 and the qualified professional shall agree upon a maximum dollar amount, where
					 applicable, for reimbursable, or so-called "out of pocket," expenses.
4.
Additional
				  Services
The Bureau may contract with more than one licensed or
					 credentialed qualified professional to perform work on a single project.
					 Further, on a single project, the Bureau may enter into more than one contract
					 with a qualified professional, so long as the value of the contracts for that
					 single project do not exceed $25,000 in the aggregate.
5.
No Obligation
The Bureau's entering into negotiations to contract with a
					 qualified professional under this Chapter does not in any way require the
					 Bureau to in fact contract with that qualified professional.
STATUTORY AUTHORITY:
						 5 M.R.S.A.
						§1742(6)
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-1 - Purpose and Scope

Current through 2024-29, July 17, 2024
Summary
: This section states the purpose and
				  scope of the Bureau's rules establishing procedures for compliance with energy
				  efficiency standards for the planning and design of public improvements.
5
				  M.R.S.A. §1764-A authorizes the Bureau
				  to adopt rules addressing methods to improve the energy efficiency and
				  environmental impacts of certain buildings starting in the planning and design
				  phases and requiring documentation that those energy- and
				  environmentally-conscious standards will be effective. The purpose of this
				  Chapter is to implement the Bureau's rulemaking authority by establishing
				  procedures for documenting analysis of buildings consistent with § 1764-A.
STATUTORY AUTHORITY:
					  30-A M.R.S.A.
					 §§5221 ,
					 5229
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-2 - Definitions

Current through 2024-29, July 17, 2024
Summary
: This section defines certain terms
				  that are used in the rule but that are not defined by
				   5
				  M.R.S.A. §1764-A. The term "public
				  improvement" is defined by
				   5 M.R.S.A.
				  §1741.
As used in this chapter, unless the context otherwise
				  indicates, the following terms have the following meanings:
1.
Building
. "Building" means a
				whole, habitable structure and does not refer to structures that are unheated,
				or have minimal lighting, or have minimal energy usage such as unheated sheds
				or cold storage facilities.
2.
Bureau
. "Bureau" means the Bureau of General Services within the
				Department of Administrative and Financial Services.
3.
Director
. "Director" means
				the Director of the Bureau of General Services or the Director's
				designee.
4.
Designer
.
				"Designer" means a registered professional engineer who prepares the analysis
				required by this rule and, for the purposes of this rule, whose documents must
				be stamped by a professional engineer registered by the State of
				Maine.
5.
Project
.
				"Project" means construction, renovation, or other work relating to a public
				improvement.
6.
Substantially
				renovated
. "Substantially renovated" means any modification or
				alteration of an existing public improvement for which the cost exceeds 50% of
				the building's current value prior to renovation.
STATUTORY AUTHORITY:
					  30-A M.R.S.A. §5229
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-3 - Compliance Required

Current through 2024-29, July 17, 2024
Summary
: This section defines the buildings
				  that are subject to these Rules.
1.
Generally
This Rule applies to 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.
2.
Applicability
This Rule applies to building construction and renovation
				  projects initiated on or after its effective date.
STATUTORY AUTHORITY:
					  5
					 M.R.S.A. §1764-A
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-11 - Standards

Current through 2024-29, July 17, 2024
Summary
: This section describes the
				  requirements for compliance with
				   5
				  M.R.S.A. §1764-A and these Rules.
1.
Standards for Compliance
Designers must demonstrate compliance with these Rules by one
				  of the means set out in Section 21 below.
For each applicable project, building owners subject to this
				  rule shall:
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
				(ANSI/ASHRAE/IESNA Standard 90.1-2001 hereafter "ASHRAE 90.1") in effect for
				commercial and institutional buildings pursuant to Title 10, § 1415-D.
C. Include a life-cycle cost
				analysis that explicitly considers cost and benefits over a minimum of thirty
				(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.
The energy costs to be included in the life-cycle cost
				  analysis shall include oil, gas, propane and electric.
The Department shall publish a schedule of energy price
				  forecasts to be used in conjunction with this rule, and shall periodically
				  publish energy price forecast updates when warranted.
The discount rate shall be the rate reflected in the most
				  recent Delphis-Hanover Corporation municipal bond table.
The life cycle cost analysis shall include a comparison
				  between the proposed building design and a building designed in accordance with
				  Title 10, § 1415-D.
The proposed building design shall be deemed to comply with
				  Sections 11.1.A and -.B, if the life cycle cost of the proposed building is
				  lower than the life cycle cost of a building designed in accordance with Title
				  10, § 1415-D.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-21 - Submission

Current through 2024-29, July 17, 2024
Summary
: This section describes the
				  documentation that will be required to demonstrate compliance with these
				  Rules.
1.
Methods of
				Compliance
The Bureau or other reviewing entity will accept a proof of
				  compliance by either a building cost analysis or "comparative" approach, or by
				  using a "prescriptive" approach. To comply with this rule, one of the following
				  methods of compliance must be utilized:
A.
"Comparative" approach exceeding
				ASHRAE 90.1
. Under a building-comparative approach, the person or entity
				making application will demonstrate that the proposed building design's overall
				energy use will be 20% less than the energy use of a building designed in
				accordance with the standards specified in Title 10, Section 1415-D as
				described in Chapter 11 of the ASHRAE 90.1 User's Manual.
The demonstration should be conducted in accordance with the
				  guidelines provided in Chapter 11, "Energy Cost Budget Method" of ASHRAE
				  Standard 90.1 - 2001, in which the computer simulation program demonstrates
				  compliance of the proposed design with this rule.
B.
"Prescriptive" approach
. A
				building also will be deemed to comply with this Chapter under the
				"prescriptive" approach if the energy-using systems installed in the building
				are equivalent to or more efficient than the equipment specified in the
				guidebook(s) referenced in Section 11.2, above.
Guidelines for both approaches described in (A) and (B) above
				  will be included in the E-Benchmarks handbook described in Section 11,
				  above.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 60 - IMPROVEMENT OF ENERGY EFFICIENCY IN STATE-FUNDED CONSTRUCTION › Section 554-60-23 - Approval

Current through 2024-29, July 17, 2024
Summary
: This section specifies that written
				  approval is required before a project may proceed.
1.
Approval
A project may proceed to subsequent phases of development
				  only upon written approval by the Bureau or other entity with approval
				  authority over a given building.
STATUTORY AUTHORITY FOR ENTIRE CHAPTER:
5
					 M.R.S.A. §1764-A
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 101 - BIDS, AWARDS, AND CONTRACTS

Current through 2024-29, July 17, 2024
SUMMARY: This regulation prohibits any department, agency,
				commission, or institution of state government from purchasing products made by
				any manufacturer or their affiliates determined not to be a responsible bidder
				and further specifies that the manufacturer or their affiliates in historic and
				continuing violation of labor laws are not responsible bidders.
PROVISIONS OF THE REGULATION:
Responsible bidder. No department, agency, commission or
				institution of state government shall purchase or enter into any contract for
				the purchase of any products manufactured, sold or distributed by any
				corporation, partnership, person or other legal entity determined by the State
				Purchasing Agent not to be a responsible bidder. Corporations, partnerships,
				person or other legal entities shall not be considered responsible bidders upon
				a finding of historic and continuing violation of the labor laws of the State
				of Maine and/or of the United States.
STATUTORY AUTHORITY:
				   5 MRSA
				  §1813(8) , in
				  conjunction with 5 MRSA Chapter 155, Purchases, Section 1816, Bids, awards, and
				  contracts, Subsection 7, Awards to lowest bidder.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 110 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 554-110-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. REQUEST FOR PROPOSAL: Means a document
				listing the scope of work, requirements of the state and all evaluation
				criteria for a service needed by the state. This document is also known by the
				initials "RFP".
B. CONTRACT REVIEW
				COMMITTEE: Means the committee established by Executive Order which reviews
				agency documents and actions related to contracts for special
				services.
C. CONTRACT: Means the
				agreement between a vendor and the State of Maine, describing the service to be
				performed, the terms and conditions agreed to by the parties, the cost of the
				service and how payment will be made.
D. GRANT: Means an agreement between a group
				organization or other recipient and the state which describes terms and
				conditions and scope of performance or action which is expected of the
				recipient.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 110 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 554-110-2 - REQUEST FOR PROPOSAL PROCEDURE

Current through 2024-29, July 17, 2024
A. All contracts
				issued under the review of the Contract Review Committee which do not qualify
				as sole source or emergency procurements must be competitively bid using the
				Request for Proposal.
i. The request for
				proposal must contain at a minimum a clear definition (scope) of the project,
				the evaluation criteria and relative scoring weights to be applied, the
				proposal opening date and time, and agency contact person.
aa. Cost of the contract must be included in
				the evaluation criteria and must receive a minimum of 25% of the total weight
				of all criteria.
bb. All proposals
				shall be opened publicly at the Bureau of Purchases, main office. Proposals
				received at the Bureau of Purchases main office after the advertised opening
				time shall be rejected, unless the advertised opening date and time have been
				extended by the State Purchasing Agent due to circumstances requiring such an
				extension of time.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 110 - RULES FOR THE PURCHASE OF SERVICES AND AWARDS › Section 554-110-3 - AWARD

Current through 2024-29, July 17, 2024
A. The contracting agency is responsible for
				reviewing all RFP's based on the criteria established within the original
				Request for Proposal document. The agency shall document the scoring,
				substantive information that supports the scoring, and make the award decision
				which shall be subject to the Contract Review Committee approval.
i. Interviews/Presentations: Interviews
				and/or presentations may be considered within the review for information and
				scoring, if that provision was included within the original RFP
				documentation.
ii.
				Pricing/Negotiations: Pricing changes, alterations or negotiations are not
				allowed prior to the award decision and must not be used in scoring. Minor
				negotiations after notice of award are allowed and if agreement cannot be
				reached, the proposal may be rejected and the award made to the next highest
				rated bidder who was in compliance with all terms, conditions and
				requirements.
iii. Documentation:
				Written records must be kept by each person reviewing or ranking proposals.
				These records must be made available upon request.
iv. Award: Award must be made to the highest
				rated proposal which conforms to the requirements of the state as contained in
				the RFP.
v. Proposed Award Decision
				Notification: Contracting agency must notify all bidders responding to an RFP
				of the award decision in writing, postmarked or delivered a minimum of fourteen
				(14) calendar days prior to contract effective date. This notice must include a
				statement that the award is conditional pending Contract Review Committee
				approval.
The award decision, a copy of the award notification to
				  bidders, supporting justification of award, individual and summarized scoring
				  and a minimum of four contracts with the state agency head and vendor
				  authorized original signatures must be sent to the Contract Review Committee
				  for final review and approval a minimum of fourteen (14) calendar days prior to
				  contract effective date.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 120 - RULES FOR APPEAL OF CONTRACT AND GRANT AWARDS › Section 554-120-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. REQUEST FOR PROPOSAL: Means a document
				listing the scope of work, requirements of the State and all evaluation
				criteria for a service needed by the State. This document is also known by the
				initials "RFP".
2. STATE PURCHASES
				REVIEW COMMITTEE Means the committee established by Executive order which
				reviews agency documents and actions related to contracts for special
				services.
3. CONTRACT: Means the
				agreement between a vendor/provider and the State of Maine, describing the
				service to be performed, the terms and conditions agreed to by the parties, the
				cost of the service and how payment will be made.
4. GRANT: Means an agreement between a group,
				organization or other recipient and the State which describes terms and
				conditions and scope of performance or action which is expected of the
				recipient.
5. STAY OF AWARD: Means
				an order issued by the Director of the Bureau of General Services which halts
				action on a contract or grant pending an appeal hearing.
6. APPEAL COMMITTEE: Means a committee of
				three (3) people, two members are appointed by the Commissioner of
				Administrative & Financial Services and must not have direct or indirect
				personal, professional or financial conflict of interest in the appeal and
				cannot be employees of the department affected by the contract. The third
				member is the Director of the Bureau of General Services or his
				designee.
7. AGGRIEVED PERSON:
				Means any person who bids on a contract and who is adversely affected
				financially, professionally or personally by that contract award
				decision.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 120 - RULES FOR APPEAL OF CONTRACT AND GRANT AWARDS › Section 554-120-2 - APPEALS PROCEDURE

Current through 2024-29, July 17, 2024
1. STAY: The
				Director of the Bureau of General Services must insure that aggrieved persons
				have an opportunity to appeal a contract award decision. An aggrieved person
				may request a stay of contract award within ten (10) calendar days of
				notification of contract award by the contracting agency.
A. Requests for stay of contract award must
				be written and addressed to the Director of the Bureau of General Services and
				must state clearly the specific nature of the grievance, demonstrate
				irreparable injury to the petitioner, a reasonable likelihood of success on the
				merits of the appeal, and no substantial harm to adverse parties or to the
				general public.
B. The Director of
				the Bureau of General Services shall notify the petitioner in writing of the
				decision regarding the issuance of a stay within seven (7) days of receipt of
				request.
C. Failure of the
				petitioner, to obtain a stay does not affect the petitioner's right to a
				hearing of appeal as provided by statute and within these rules.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 120 - RULES FOR APPEAL OF CONTRACT AND GRANT AWARDS › Section 554-120-3 - APPEAL HEARINGS

Current through 2024-29, July 17, 2024
1. APPEAL
				COMMITTEE: The Appeal Committee shall consist of three (3) people, two
				appointed by the Commissioner of Administrative & Financial Services. The
				third person is the Director of the Division of Purchases or other designee of
				the Director of the Bureau of General Services. This Committee shall appoint a
				person to serve as presiding officer over the hearing. This person may be one
				of the Committee members or any other person who has no direct or indirect
				personal, professional or financial conflict of interest in the appeal This
				person cannot be an employee of any department affected by the contract. The
				presiding officer, if not from the ranks of the Appeal Committee shall have no
				vote in the decision but may provide advice, information or research at the
				request of the Committee.
The presiding officer shall control all aspects of the
				  hearing, rule on points of order, rule on all objections and may question
				  witnesses.
A recording secretary shall be furnished by the Division of
				  Purchases to record by audio tape or other media the hearing of appeal. This
				  person shall be responsible for scheduling additional hearing days and
				  locations at the request of the Appeal Committee.
2. APPEAL CRITERIA: The burden of proof
				within the hearing of appeal lies with the petitioner. The evidence presented
				must specifically address and be limited to one or more of the following:
A. Violation of law;
B. Irregularities creating fundamental
				unfairness; or
C. Arbitrary or
				capricious award
Evidence of any type that cannot be related to this criteria
				  may be ruled inadmissible by the presiding officer.
In the event multiple appeal hearing requests are granted on
				  a single contract award, the Director of the Bureau of General Services may
				  assign the Appeal Committee to hear all petitioners within the same hearing as
				  a combined appeal.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 120 - RULES FOR APPEAL OF CONTRACT AND GRANT AWARDS › Section 554-120-4 - APPEAL DECISIONS AND ACTIONS

Current through 2024-29, July 17, 2024
1. APPEAL
				COMMITTEE DECISION: The Appeal Committee shall consider all evidence entered
				into the record and shall look for clear and convincing evidence that one or
				more of the standards set forth in Section 3, Subsection B, of these rules has
				been proven by the petitioner. The actions of the Committee are limited to one
				of the following:
A. Validate the contract
				award decision under appeal
B.
				Invalidate the contract award decision under appeal.
A written decision and the reasons that support the decision
				  must be submitted to the Director of the Bureau -of General Services within
				  fifteen (15) calendar days following the final day of the hearing of
				  appeal.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless otherwise stated, for the purposes of this Chapter,
				  the words appearing below are defined as follows:
A.
Bidder.
"Bidder" means a
				person responding to a solicitation issued by the State of Maine Division of
				Purchases with a proposal, a bid, or both, to provide to the State a good
				subject to this Chapter.
B.
Code.
"Code" means the Maine purchasing code of conduct, as set forth in
				5 M.R.S.A. §1825-K
et seq
.
C.
Division.
"Division" means the
				Division of Purchases in the Bureau of General Services, Maine Department of
				Administrative and Financial Services.
D.
Fee.
"Fee" means a charge made
				by the State of Maine to a vendor who is under contract to provide goods
				subject to this Chapter.
E.
Independent monitor.
"Independent monitor" has the meaning given in
				Title 5, Chapter 155, sub-chapter 1-A of the Maine Revised Statutes
				Annotated.
F.
Person.
"Person" means any individual, partnership, corporation, association,
				federal, state or local government entity, or public or private organization of
				any character.
G.
State
				Purchasing Agent.
"State Purchasing Agent" means the Director of the
				Division of Purchases in the Bureau of General Services, Maine Department of
				Administrative and Financial Services, or the director's authorized
				designee.
H.
Sub-vendor.
"Sub-vendor" means a person acting as a vendor's supplier at the point
				of assembly of a good covered by this Chapter.
I.
Vendor.
"Vendor" means a
				person who, after bidding, has been awarded a contract by, and in fact
				contracts with, the State to provide a good subject to this Chapter.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-2 - FILING REQUIREMENT

Current through 2024-29, July 17, 2024
A.Any bidder making
				a competitive bid to sell apparel, footwear, or textiles to the State of Maine
				must file with the State Purchasing Agent a signed affidavit stating that the
				bidder, if awarded a State contract, shall comply with the Code and that, to
				the best of the bidder's knowledge, each sub-vendor named in the bid that would
				perform work for the bidder if it were awarded a contract, is in compliance
				with the Code.
B.Prior to
				submitting a bid, the bidder must:
1.Furnish
				a copy of the Code to each sub-vendor that would perform work for the bidder if
				it were awarded the contract, and then,
2.Affirmatively require that each sub-vendor
				inform the bidder of whether the sub-vendor is in compliance with the
				Code.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-3 - COMPLAINTS OF NON-COMPLIANCE WITH THE CODE

Current through 2024-29, July 17, 2024
A.The State Purchasing Agent must initiate an
				investigation to determine whether there has been a violation of the Code if:
1.The State Purchasing Agent has independent
				knowledge that a vendor or a sub-vendor is not in compliance with the
				Code;
2.The vendor informs the
				State Purchasing Agent that the vendor or a sub-vendor is not in compliance
				with the Code;
3.A worker for a
				vendor or sub-vendor files a written complaint directly with the State
				Purchasing Agent that the vendor or sub-vendor, to the best of the worker's
				knowledge, is not in compliance with the Code;
4.A third-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 a signed and dated
				written complaint that a vendor or a sub-vendor, to the best of the third-party
				complainant's knowledge, is not in compliance with the Code. If possible, the
				third-party's written complaint will be signed and dated under oath before an
				official authorized to administer oaths;
5.A third-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 a written complaint,
				signed and dated under oath before an official authorized by applicable law to
				administer oaths, that, to the best of the third-party complainant's knowledge,
				a vendor or a sub-vendor is not in compliance with the Code.
Any complaint made to the State Purchasing Agent must state
				  with reasonable specificity each reason a party subject to the complaint is
				  allegedly not in compliance with the Code.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-4 - DETERMINATIONS OF COMPLIANCE OR NON-COMPLIANCE WITH THE CODE

Current through 2024-29, July 17, 2024
A.In making a determination of whether there
				has been a violation of the Code, the State Purchasing Agent may take into
				account any factors, information, sources of information, and materials deemed
				reliable and relevant by the State Purchasing Agent, as determined on a
				case-by-case basis.
B.The
				determination of whether a party subject to a complaint is in compliance with
				the Code shall be solely that of the State Purchasing Agent.
C.After rendering a determination, the State
				Purchasing Agent promptly shall inform the complainant and vendor in
				writing.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-5 - CONSEQUENCES OF A DETERMINATION OF NON-COMPLIANCE WITH THE CODE

Current through 2024-29, July 17, 2024
A.If a vendor or a sub-vendor is determined
				by the State Purchasing Agent to be in non-compliance with the Code, the State
				Purchasing Agent shall inform the vendor and engage in discussions with the
				vendor about the violation. The purpose of the discussions is to work in
				partnership with the vendor to influence the vendor to change its practices or
				to use its bargaining position with the offending sub-vendor to change its
				practices, rather than to cease doing business with the vendor or
				sub-vendor.
B. The State Purchasing
				Agent shall prescribe appropriate measures for the vendor to take in order to
				comply with the Code. Those steps may include, but are not limited to, the
				following:
1.Requesting disclosure of names
				and addresses of suppliers at sub-vendors and sub-vendors' working
				conditions;
2.Requesting that
				sub-vendors provide access to independent monitors;
3.Requesting that sub-vendors offer their
				workers the training and guidelines necessary to bring the workplace into
				compliance with the Code.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-6 - SUPPORT TO BIDDERS AND VENDORS

Current through 2024-29, July 17, 2024
The State Purchasing Agent shall provide to bidders and
				  vendors resources to assist with compliance with the Code. One such resource
				  shall be a publicly accessible list of bidders and vendors that have adopted
				  the Code.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS › Section 554-130-7 - FEE

Current through 2024-29, July 17, 2024
A.Any Vendor, who has been awarded a contract
				or purchase order for apparel, footwear or textiles from the State of Maine
				pursuant to the requirements of 5 M.R.S.A. §1825 shall be subject to a 1%
				fee of the total amount of the contract or purchase order.
B.The State Purchasing Agent shall apply this
				fee to the costs of implementing and administering the code under section
				1825-L, including development of a consortium to developing a consortium to
				monitor and investigate alleged violations of the code of conduct.
C.This payment may be made separately by the
				vendor and is exclusive of the cost of the contract or purchase order. Payment
				of the fee is to be made within 30 days of the contract or purchase order
				execution/start date and is non-refundable.
D.In the event of circumstances when the
				total contract or purchase order value is not known at the time of the contract
				award, the State Purchasing Agent, is authorized to collect an estimated fee
				and subsequent installments as often as the State Purchasing Agent determines
				necessary, up to 180 days following the termination of the contract or purchase
				order, to equal the amount of the 1% fee.
E.Failure to pay the 1% fee may result in:
1. Loss of future contracts or purchase
				orders with the State of Maine, at the discretion of the State Purchasing
				Agent,
2. Immediate termination of
				the existing contract, within 30 days of written notification,
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 150 - CHAPTER DEFINING THE MEANS BY WHICH CONTRACTORS AND SUBCONTRACTORS ARE TO PROVIDE CERTAIN RECORDS TO THE BUREAU OF GENERAL SERVICES IN THE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES, AND TO IDENTIFY WHAT INFORMATION IN THOSE RECORDS IS AVAILABLE TO THE PUBLIC › Section 554-150-1 - PURPOSE & APPLICABILITY OF CHAPTER

Current through 2024-29, July 17, 2024
A.
Purpose.
The purpose of this
				Chapter is to define the manner in which specified records are to be provided
				by contractors and subcontractors to the Bureau of General Services, and to
				identify the information in those records that is and is not available to the
				public.
B.
Applicability.
This Chapter is applicable to public improvements
				for which proposals, plans, specifications, contracts, inspections, or
				renovations are subject to the approval of the Bureau of General Services in
				the Maine Department of Administrative and Financial Services, except for such
				improvements made by school administrative units, including construction,
				repair, or renovation of school buildings.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 150 - CHAPTER DEFINING THE MEANS BY WHICH CONTRACTORS AND SUBCONTRACTORS ARE TO PROVIDE CERTAIN RECORDS TO THE BUREAU OF GENERAL SERVICES IN THE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES, AND TO IDENTIFY WHAT INFORMATION IN THOSE RECORDS IS AVAILABLE TO THE PUBLIC › Section 554-150-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless stated otherwise in this Chapter, the terms below are
				  defined as follows:
A.
Bureau.
"Bureau" means the Bureau of General Services in the Maine
				Department of Administrative and Financial Services.
B.
Construction.
"Construction"
				means any construction, reconstruction, demolition, improvement, enlargement,
				painting, decorating, or repair of any public works let to contract.
				Construction shall not be construed to include engineering or architectural
				services, temporary or emergency repairs, or any contract of less than
				$10,000.
C.
Non-personal
				information.
"Non-personal information" means information that cannot
				reasonably be expected to be useful, or actually be used, to invade the privacy
				of an individual. Such information includes, but is not limited to, the
				classification of contractors' or subcontractors' employees, the remuneration
				of such employees, their hours worked, job titles, and names, and hourly and
				actual wage information for each employee.
D.
Personal information.
"Personal information" means information that can reasonably be expected to be
				useful, or actually be used, to invade the privacy of an individual. Such
				information includes, but is not limited to, home address, home telephone
				number, home facsimile number, home e-mail address, personal cell phone number,
				personal pager number, and social security number.
E.
Public works.
"Public works"
				includes, but is not limited to, all buildings, roads, highways, bridges,
				streets, alleys, sewers, ditches, sewage disposal plants, demolition,
				waterworks, airports, and all other structures upon which construction may be
				let to contract by the Bureau and which contract amounts to $50,000 or
				more.
Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 150 - CHAPTER DEFINING THE MEANS BY WHICH CONTRACTORS AND SUBCONTRACTORS ARE TO PROVIDE CERTAIN RECORDS TO THE BUREAU OF GENERAL SERVICES IN THE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES, AND TO IDENTIFY WHAT INFORMATION IN THOSE RECORDS IS AVAILABLE TO THE PUBLIC › Section 554-150-3 - DUTY OF CONTRACTORS AND SUBCONTRACTORS TO SUBMIT RECORDS WITH CERTAIN INFORMATION

Current through 2024-29, July 17, 2024
A.
Records of
				personnel
. Pursuant to 26 M.R.S.A. §1311, a contractor, and each
				subcontractor thereof, in charge of construction of a public work for the Maine
				Bureau of General Services shall keep an accurate record of the following:
1. The names and occupation of all the
				laborers, workers, and mechanics employed by them and all independent
				contractors working for them; and
2. The hours worked, the job titles, the
				hourly rates or other remuneration, and the actual wages or other compensation
				paid to each of the laborers, workers, mechanics, and independent
				contractors.