LD 1984
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LD 1984 Title Page An Act to Modernize the Procurement Practices at the Department of Transportati... Page 2 of 2
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LR 3060
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 23 MRSA §753, as amended by PL 1989, c. 208, §20, is
further amended to read:

 
§753. Contracts for construction

 
The department shall have has full power in the letting of all
contracts for the construction of all state highways and other
work under its jurisdiction, except as otherwise provided. The
department shall make all surveys, plans, estimates,
specifications and contracts for all proposed work and shall,
except as otherwise provided in chapters 1 to 19, advertise for
bids for the same electronically through the department's
publicly accessible site on the Internet or through notices in
newspapers.__If through newspaper notices, advertisements must
appear in 2 or more public newspapers printed wholly or in part
in the State, and in one public newspaper printed wholly or in
part in the county where the proposed work is to be done, if any
such newspaper is so printed in such that county. Such The
advertisement shall must state the place where the bidders may
examine the plans and specifications, and the time and place
where the bids for such the work will be received by the
department. Each bidder must accompany his that bidder's bid
with a deposit of a good and sufficient bid bond in favor of the
State for the benefit of the department, executed by a corporate
surety authorized to do business in the State, or certain
securities, as defined in Title 14, section 871, subsection 3,
payable to the Treasurer of State, for an amount which that the
department considers sufficient to guarantee that if the work is
awarded to him that bidder, he the bidder will contract with the
department for its due execution. All bids so submitted shall
must be publicly opened and read at the time and place stated in
such the advertisement. The department shall have has the right
to reject any and all bids, if in its opinion good cause exists,
but otherwise it the department shall award the contract to the
lowest responsible bidder. Any town may submit bids for state
highway construction within its limits, and shall be is subject
to all requirements prescribed for other contractors, except that
no a bond need be is not required of it the town. The department
may construct state highways by day labor without advertising for
bids; and may, with the approval of the Governor, award contracts
for state highways without advertising for bids, if the same
shall be is for the best interest of the State.

 
The department may adopt its own standard contract
specifications. Notwithstanding any other federal or state law,
the The department's standard specifications shall must be
utilized in lieu of federally mandated contract clauses.


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