Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 554 - BUREAU OF GENERAL SERVICES › Chapter 155 - RULES FOR DEFINING AN EQUIVALENT BASIS FOR COST COMPARISON BETWEEN STATE EMPLOYEE AND PRIVATE CONTRACTOR PROVISION OF SERVICES › Part Two - CONSTRUCTION OF THE RULE › Section 554-155-Two-One - Creating an Equal Basis

Current through 2024-29, July 17, 2024
Summary:
This section discusses the issues
					 with respect to the creation of an equivalent basis for considering personal
					 services proposals.
2.1.1
Recognizing the Need to Create an Equivalent Basis for Comparison.
Personal services' contracting is permitted by statute when
					 certain conditions are met. Among the provisions listed is one to assure "...an
					 equivalent basis for comparison between state employee and private contractor
					 provision of services..." in rules adopted by the State Purchasing Agent. The
					 intent of the rule is then to create an equal basis for the comparison of
					 proposals.
2.1.2
Satisfying the Need to Create an Equivalent Basis for Comparison.
It is the intent to consider cost as one of the factors in
					 a decision. Agencies and departments are faced with the dilemma of considering
					 unequal health and retirement benefit programs and any associated expense. A
					 challenge is to determine the value of the associated program expenses for all
					 parties to the bid and, effectively, consider the state as one of the bidders.
					 Equality can be introduced by removing health and retirement benefit costs from
					 the cost consideration for all parties, including the state, to the
					 bid.
2.1.3
Other
				  Costs.
There are also other costs dealing with either the
					 provision of service by contractors or state employees. These are typically
					 overhead and profit and a supervisory adjustment, unemployment costs, and
					 layoff notice costs. These costs are more consistent in their content and
					 intent, and would be identified, and be part of the comparison
					 protocol.
2.1.4
Supervisory Adjustment.
The table lists the number of additional Full Time
					 Equivalent supervisors involved with personnel administration required for the
					 proposed numbers of workers. The number of additional supervisory
					 administrators required is for the full complement of additional state
					 employees and would be prorated to reflect the actual number of positions.
					 Note: The values in column two, Numbers of Additional Supervisory
					 Administrators Required, may vary among agencies and departments.
Table 1. Number of FTE Administrators
								per Additional FTE Employees
Number of Additional State Employees in FTEs
Number of Additional Supervisory Administrators
								Required
0-6
0
7-12
0.5
13-18
1
19-24
1.5
25-30
2
31-36
2.5
2.1.5
Providing Information to Allow
				  the Comparison.
As part of the Competitive Bidding Process, CBP, submission
					 to the Division of Purchases, the Agency or Department would be required to
					 provide certain information from each of the bidders as well as the Agency or
					 Department on forms stipulated for use by the Division of Purchases. Any
					 proposal received that does not have the required information must be rejected
					 as non-responsive to the CBP and eliminated from
					 consideration.