HP1287, LD 1850, item 1, An Act To Reorganize the Bureau of General Services in the Department of Administrative and Financial Services

An Act To Reorganize the Bureau of General Services in the Department of Administrative and Financial Services

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

Sec. 1. 1 MRSA §501-A, sub-§§2, 3 and 6, as enacted by PL 1997, c. 299, §1, are 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.

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 55 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.

6. Forwarding of requisitions. The State Purchasing Agent, Central Printing Chief Procurement Officer 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. 2. 2 MRSA §6, sub-§3, as amended by PL 2013, c. 405, Pt. A, §1, is further amended to read:

3. Range 89. The salaries of the following state officials and employees are within salary range 89:

Director, Bureau of General Services;

Director, Bureau of Alcoholic Beverages and Lottery Operations;

State Budget Officer;

State Controller;

Director, Bureau of Forestry;

Director, Governor's Office of Policy and Management;

Director, Energy Resources Office;

Director of Human Resources;

Director, Bureau of Parks and Lands;

Director of the Governor's Office of Communications;

Director, Bureau of Agriculture, Food and Rural Resources; and

Director, Bureau of Resource Information and Land Use Planning.

Sec. 3. 2 MRSA §9, sub-§4, as enacted by PL 2009, c. 655, Pt. C, §2, is amended to read:

4. Advice to state agencies. The director shall advise state agencies regarding energy-related principles for agencies to consider, along with the laws and policies governing those agencies, in conjunction with the sale, lease or other allowance for use of state-owned land or assets for the purpose of development of energy infrastructure. For the purposes of this subsection, "state-owned" and "energy infrastructure corridor" have the same meanings as in Title 35-A, section 122, subsection 1. At a minimum, the director shall consider the following principles in advising state agencies under this subsection:

A. The principles for the determination of the long-term public interest of the State as specified in Title 35-A, section 122, subsection 1-D, paragraph B;

B. Avoiding wherever possible the use of lands subject to the provisions of the Constitution of Maine, Article IX, Section 23;

C. Maximizing the benefit realized from the State's strategic location within New England and the northeastern region; and

D. Complying with the provisions of the memorandum of agreement between the Maine Turnpike Authority and the Department of Transportation under Title 35-A, section 122, subsection 1-C, when applicable.

Nothing in this subsection alters any of the responsibilities or limits any of the authority of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to Title 5. Nothing in this subsection alters or limits the ability of departments or agencies of the State, along with the Bureau of General Services Real Estate Management pursuant to Title 5, to generate or cogenerate energy at state facilities for use on site and elsewhere.

Sec. 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 Department of Administrative and Financial Services, Bureau of Purchases Business Management, 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' Business Management's 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. 5. 3 MRSA §342, 3rd ¶, as amended by PL 2011, c. 691, Pt. B, §1, is further amended to read:

All facilities so provided must be properly maintained by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management.

Sec. 6. 3 MRSA §901-A, sub-§2, ¶C, as amended by PL 2011, c. 691, Pt. B, §2, is further amended to read:

C. The Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services;

Sec. 7. 3 MRSA §902-A, sub-§2, as amended by PL 2011, c. 691, Pt. B, §3, is further amended to read:

2. Immediate grounds. The immediate grounds, including Capitol Park, the area bounded on the east by the Kennebec River, on the north by Capitol Street, on the south by Union Street and on the west by State Street, except that the private office of the Governor, at the Governor's discretion, is exempt from this chapter.

A. To ensure that the portion of Capitol Park that is controlled by the City of Augusta remains integrated with the portion of Capitol Park that is controlled by the State, the commission may, in consultation with the City of Augusta, plan for the preservation and development of a unified park area.

B. Any action taken with respect to Capitol Park must be consistent with the plan for Capitol Park developed by the Olmsted Brothers firm in 1920 as revised by the Pressley firm in 1990.

The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management may make no architectural, aesthetic or decorative addition, deletion or change to any external or internal part of the State House or its immediate grounds under the jurisdiction of the Legislative Council unless the council has approved the change in writing in conformance with the plan adopted by the council. The Governor must be notified before the council votes on any change. The commission may make recommendations to the council in regard to any proposed architectural, aesthetic or decorative addition, deletion or change to the internal or external part of the State House.

Sec. 8. 4 MRSA §115, 3rd ¶, as amended by PL 2009, c. 1, Pt. J, §1, is further amended to read:

If the Chief Justice or the Chief Justice's designee is unable to negotiate the leases, contracts and other arrangements as provided in this section, the Chief Justice may, with the advice and approval of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, negotiate on behalf of the State the leases, contracts and other arrangements the Chief Justice considers necessary, within the limits of the budget and funds available to such court, to provide suitable quarters, adequately furnished and equipped for the Supreme Judicial, Superior or District Court in privately owned buildings.

Sec. 9. 4 MRSA §162, as amended by PL 2011, c. 691, Pt. B, §4, is further amended to read:

§ 162. Place for holding court; suitable quarters

In each division, the place for holding court must be located in a state, county or municipal building designated by the Chief Judge who, with the advice and approval of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, is empowered to negotiate on behalf of the State the leases, contracts and other arrangements the Chief Judge considers necessary, within the limits of the budget and the funds available, to provide suitable quarters, adequately furnished and equipped for the District Court in each division.

The facilities of the Superior Court in each county when that court is not in session must be available for use by the District Court of that division in which such facilities are located. Arrangements for such use must be made by the Chief Judge.

If the Chief Judge is unable to negotiate the leases, contracts and other arrangements as provided in this section, the Chief Judge may, with the advice and approval of the Bureau of General Services Real Estate Management, negotiate on behalf of the State , the leases, contracts and other arrangements the Chief Judge considers necessary, within the limits of the budget and funds available, to provide suitable quarters, adequately furnished and equipped for the District Court in privately owned buildings.

Sec. 10. 4 MRSA §1604, sub-§26, as enacted by PL 1997, c. 523, §12, is amended to read:

26. Delegation to Bureau of Real Estate Management. To delegate those powers that the authority may specifically exercise, or cause to be exercised, pursuant to subsection 5, 6, 8, 9, 17 or 18 to the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management. The authority may revoke such a delegation upon the failure of the Bureau of General Services Real Estate Management to discharge the delegated powers. The Bureau of General Services Real Estate Management may provide to the authority an indemnity and hold-harmless agreement with respect to a delegation.

Sec. 11. 5 MRSA §7-A, sub-§1, ¶D, as amended by PL 2011, c. 691, Pt. B, §5, is further amended to read:

D. A vehicle may be temporarily garaged off state grounds when certified by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management that there is no space available on state grounds or certified by the Department of Public Safety that the space available does not provide adequate protection for the vehicle; or

Sec. 12. 5 MRSA §18-A, sub-§4, ¶C, as enacted by PL 2001, c. 203, §2, is amended to read:

C. If an exemption is approved by the Director of the Bureau of General Services Chief Procurement Officer within the Department of Administrative and Financial Services or the director's Chief Procurement Officer's designee based upon one of the following and if the director Chief Procurement Officer gives notice of the granting of this exemption to all parties bidding on the contract in question with a statement of the reason for the exemption and if an opportunity is provided for any party to appeal the granting of the exemption:

(1) When the private entity or party that proposes to contract with the State and that employs the executive employee, based upon all relevant facts, is the only reasonably available source to provide the service or product to the State, as determined by the director Chief Procurement Officer; or

(2) When the director Chief Procurement Officer determines that the amount of compensation to be paid to the private entity or party providing the service or product to the State is de minimis.

Sec. 13. 5 MRSA §43, 5th ¶, as repealed and replaced by PL 1975, c. 436, §3, is amended to read:

The State Purchasing Agent Chief Procurement Officer shall distribute a reasonable number of copies of the report to each reporting agency, to legislative staff agencies and to each member of the Legislature, or, in the even-numbered years, to each member-elect taking office the following January. Eighty copies of the report shall must be delivered to the State Librarian for exchange and library use. The State Purchasing Agent Chief Procurement Officer shall prorate the cost of the report among the reporting agencies. He The Chief Procurement Officer shall provide for the sale of additional copies of the report to state agencies and the public at a reasonable price sufficient to cover the cost of printing and distribution. The income received under this section shall must be credited to an Intragovernmental Service Account which shall and must be carried forward and expended by the State Purchasing Agent Chief Procurement Officer for the purposes of sections 43 through 46.

Sec. 14. 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. 15. 5 MRSA §298, 5th ¶, as amended by PL 1993, c. 361, Pt. A, §1, is further amended to read:

The Director of Public Improvements Chief Facilities Officer within the Department of Administrative and Financial Services serves as the secretariat of the commission in exercising its administration. The commission may, in accordance with the Maine Administrative Procedure Act, chapter 375, adopt and enforce rules as it determines necessary, except rules relating to the State Capitol Building under the jurisdiction of the State House and Capitol Park Commission, as it determines necessary for the purposes of carrying out this chapter. These rules have the force of law.

Sec. 16. 5 MRSA §304, as amended by PL 2011, c. 691, Pt. B, §6, is further amended to read:

§ 304. Approval of construction projects

A construction project may not be initiated in the Capitol Area for the development of state buildings and grounds following the adoption of the plan or amendments and additions thereto by the Legislature without the approval of the Legislative Council, the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management and the commission of the proposals and plans for the project.

Sec. 17. 5 MRSA §322, sub-§1, ¶C, as enacted by PL 1993, c. 590, §1, is amended to read:

C. The Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services;

Sec. 18. 5 MRSA §323, sub-§3, as enacted by PL 1993, c. 590, §1, is amended to read:

3. Alterations. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management may not make any architectural, aesthetic or decorative addition to, deletion from or change to any external or internal part of the Blaine House or its immediate grounds under the jurisdiction of the commission unless the commission has approved the change in writing.

Sec. 19. 5 MRSA §947-B, sub-§1, ¶E, as enacted by PL 1991, c. 780, Pt. Y, §37, is amended to read:

E. Director, Bureau of General Services Chief Facilities Officer, who directs the Bureau of Real Estate Management;

Sec. 20. 5 MRSA §947-B, sub-§1, ¶E-1 is enacted to read:

E-1. Chief Procurement Officer, who directs the Bureau of Business Management;

Sec. 21. 5 MRSA §1507, sub-§3, as amended by PL 2011, c. 691, Pt. B, §7, is further amended to read:

3. Purchase of real estate. The Governor may allocate funds from such account to provide funds in accordance with Title 1, section 814. Allocations may be made from this fund by the Governor only upon the written request of the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services and upon consultation with the State Budget Officer.

Sec. 22. 5 MRSA §1516-B, sub-§3, as enacted by PL 2011, c. 689, §1, is amended to read:

3. Funding of fund. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall notify the State Controller and the State Budget Officer of a relocation of a state agency from leased space to a state-owned facility or a relocation of a state agency from leased space to a lower-priced leased space. Any balance, net of the value of the state cost allocation program as determined by the State Controller, remaining in General Fund or Other Special Revenue Funds money appropriated or allocated for leased space and all facility-related expenses for that agency during the biennium of the relocation as a result of savings resulting from the relocation must be transferred as provided in this subsection.

A. The State Budget Officer shall transfer 50% of any General Fund or Other Special Revenue Funds money through financial order to the fund. This transfer is considered to be an adjustment to the appropriation or allocation.

B. The remaining balance must be transferred to the General Fund as unappropriated surplus.

Sec. 23. 5 MRSA §1520, sub-§1, ¶C, as amended by PL 2005, c. 12, Pt. SS, §4, is further amended to read:

C. The office shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Statewide Radio and Network System Reserve Fund account. The funds deposited in the account may include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the office, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of system assets under the administrative control of the fund by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services Business Management in accordance with paragraph B and other provisions of law.

Sec. 24. 5 MRSA §1742, first ¶, as amended by PL 1991, c. 780, Pt. Y, §53, is further amended to read:

The Department of Administrative and Financial Services, through the Bureau of General Services Real Estate Management, has authority:

Sec. 25. 5 MRSA §1742, sub-§7, as amended by PL 2005, c. 386, Pt. L, §1, is further amended to read:

7. Approve plans for public improvements. To approve all proposals, plans, specifications and contracts for public improvements that the State or any of its agencies hold in fee or by leasehold interest and for school administrative unit projects costing in excess of $100,000. The commissioner shall, upon the request of a school administrative unit, provide consultation for any public improvement regardless of cost. The Bureau of General Services Real Estate Management shall furnish a quarterly report to the project unit school board that details the services provided to the project during the time period covered by the report. The Bureau of General Services Real Estate Management shall submit to the State Board of Education an annual report that summarizes the services provided each project;

Sec. 26. 5 MRSA §1742, sub-§26, as amended by PL 2017, c. 284, Pt. P, §1 and c. 288, Pt. B, §1, is further amended to read:

26. Rental income. To credit income from the rental of facilities in Limestone to the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, Other Special Revenue Funds account. These funds must be used for repairs, capital improvements and other costs of managing the facilities operated by the Maine Military Authority in Limestone.

Notwithstanding any other provision of law and except when the Governor in the case of an emergency pursuant to Title 37-B, section 742 or 744 needs money for disaster relief, in which case the Governor may transfer no more than 10% of the balance of the rental income, the department also may recommend that:

A. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to this subsection be transferred to the General Fund as undedicated revenue;

B. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Maine National Guard Education Assistance Pilot Program, Other Special Revenue Funds account for tuition assistance;

C. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Maine National Guard Education Assistance Pilot Program, Other Special Revenue Funds account for the reimbursement of the purchase of supplemental life insurance as provided for in the provisions of Title 37-B, section 390-B;

D. Beginning July 1, 2007, part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management for maintenance and repair of National Guard armories in the State; and

E. Part of the rental income collected by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management pursuant to this subsection be transferred to the Department of Defense, Veterans and Emergency Management, Disaster Assistance Relief, Other Special Revenue Funds account for disaster assistance;

Sec. 27. 5 MRSA §1742, last ¶, as amended by PL 1991, c. 780, Pt. Y, §58, is further amended to read:

The head of any agency, board, commission, department of the State Government or school administrative unit , not otherwise exempted by law , who contemplates any public improvement , must first obtain the approval of the Director of the Bureau of General Services Chief Facilities Officer for such work. This paragraph is not intended to restrict the head of any agency, board, commission or department of the State Government from making emergency repairs to any state-owned building, public work or property or any property under lease to the State Government or to restrict any school administrative unit under like conditions that is under that person's supervision and control whenever it appears that such repairs are immediately necessary to prevent injury to persons or further damage to such buildings or property.

Sec. 28. 5 MRSA §1742-B, first ¶, as amended by PL 2005, c. 489, §1, is further amended to read:

The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, referred to as "the bureau" in this section, shall provide written notification to the municipal manager or, in the absence of a manager, the first selectman of a state construction project or public improvement within the boundaries of that municipality as soon as practicable after beginning the schematic design process. If a municipality intends to review and issue building permits on state construction projects and public improvements, the municipality must file a notice of intent with the bureau no later than 45 days following receipt of notification by the bureau of the state construction project or public improvement. Once the required notice is filed, the projects and improvements to state-owned or leased buildings must comply with municipal ordinances governing the construction and alteration of buildings, provided that as long as the municipal building code standards are as stringent as, or more stringent than, the code for state buildings. Prior to requesting bids, the bureau shall obtain or it shall require the project designer to obtain municipal approval of the project plans and specifications. Contractors and subcontractors shall obtain all necessary municipal building permits and the project must be subject to municipal inspections.

Sec. 29. 5 MRSA §1742-C, as amended by PL 2013, c. 368, Pt. R, §3, is further amended to read:

§ 1742-C. Institutions of higher education

The Department of Administrative and Financial Services, through the Bureau of General Services Real Estate Management, shall provide the following services to institutions of higher education.

1. University of Maine System. Notwithstanding section 1742, the Bureau of General Services Real Estate Management is not required to provide services to the University of Maine System.

2. Maine Community College System; Maine Maritime Academy. The Bureau of General Services Real Estate Management shall provide any of the services set out in section 1742, subsections 1 to 9, 12 to 14, 19 and 23 to the Maine Community College System and the Maine Maritime Academy. Application of section 1742, subsection 23 to these institutions is limited to all public improvements:

A. Costing $25,000 or more; or

B. Costing less than $25,000 when building codes or other legal requirements exist.

3. Public improvements budget submission; Maine Community College System. In accordance with Title 20-A, section 12706, subsection 4-A, the Bureau of General Services Real Estate Management shall advise and assist the Maine Community College System in developing a prioritized public improvements budget for the system. This budget must be presented to the Governor and the Legislature as separate from the public improvements budget developed by the Bureau of General Services Real Estate Management for the departments and agencies of State Government.

Sec. 30. 5 MRSA §1742-D, as amended by PL 1999, c. 776, §§1 and 2 and PL 2003, c. 600, §4, is further amended to read:

§ 1742-D. Bureau of Real Estate Management; real property leases

1. Work closely with all departments and agencies. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall work closely with all departments and agencies in locating real property leases to ensure that agency program requirements are met to the maximum extent possible. The bureau shall:

A. Maintain records of state agency real property leasing needs and all available space owned, leased and potentially available for lease, and make this information available to all state agencies;

B. Monitor market prices for real property leases on a regional basis and establish rates to be charged to state agencies on an annual basis; and

C. Hold all real property leases to ensure they are negotiated and managed to the best economic advantage of the State.

2. Establish standards; waiver. The Bureau of General Services Real Estate Management shall establish the following:

A. Standards for occupant safety and comfort in leased space that are consistent with law and all applicable building, fire, handicapped accessibility and environmental codes; and

B. By July 1, 1991, standards for space use for all state facilities that ensure the equitable and efficient distribution of available floor space, including common areas, consistent with cost, program and functional objectives.

The Director of the Bureau of General Services Chief Facilities Officer may provide a waiver of the standards and criteria established under this section if the director Chief Facilities Officer concludes that the unique conditions of location, program or employee function require such a waiver or in order to meet the purpose of Title 30-A, section 4349-A, subsection 2, relating to priority locations for state office buildings, courts and other state civic buildings.

3. Real Property Lease Internal Service Fund Account established. The Bureau of General Services Real Estate Management shall establish, through the Office of the State Controller, the Real Property Lease Internal Service Fund Account. The funds deposited in the account must include, but not be limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services and funds received from state departments and agencies using leasing services provided by the bureau.

4. Charges for leasing services. The Bureau of General Services Real Estate Management may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services Chief Facilities Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using leasing services pursuant to this section.

5. Submission of budget. The Bureau of General Services Real Estate Management shall submit a budget of estimated revenues and costs incurred by the account in connection with the leasing services established in this section.

6. Staff. The Director of the Bureau of General Services Chief Facilities Officer shall appoint, subject to the Civil Service Law, staff necessary to carry out the purposes of this section.

7. Payment by department or agency. Each department or agency using the services of this program must budget adequate funds to pay the leasing services provided by the Bureau of General Services Real Estate Management.

8. Report. The Director of the Bureau of General Services Chief Facilities Officer shall report to the joint standing committees of the Legislature having jurisdiction over state and local government matters and appropriations and financial affairs matters by January 31st of each year with respect to the status of current leases, projected real property leasing requirements and anticipated costs for each fiscal year.

9. Exception. The land leases of the various departments and agencies of State Government are exempted from the provisions of this section.

10. Downtown Leasehold Improvement Fund. The Downtown Leasehold Improvement Fund, referred to in this subsection as the "fund," is established within the Bureau of General Services Real Estate Management to assist state agencies in securing suitable space in downtowns whenever possible by providing for capital improvements to real property leased by the State in downtowns necessary to meet public health, safety and accessibility requirements of federal, state and local statutes and codes.

The fund is a nonlapsing fund consisting of sums that are appropriated by the Legislature or transferred to the fund from time to time by the Treasurer of State, the proceeds of notes or bonds issued by the State for the purpose of deposit in the fund, grants and awards made to the State or an instrumentality of the State by the Federal Government for the purpose for which the fund has been established and other funds from any public or private source received for use for the purpose for which the fund has been established.

The bureau shall invest in leasehold improvements from this fund only when it determines that the length and other terms of the lease will provide for reasonable use of and return on the investments for the State.

The bureau may establish accounts and subaccounts as it determines desirable to effectuate the purpose of the fund.

Sec. 31. 5 MRSA §1742-E, as enacted by PL 1997, c. 499, §2, is amended to read:

§ 1742-E. Bureau of Real Estate Management; asbestos, lead and indoor air quality assessment and mitigation services

1. Asbestos, lead and indoor air quality assessment and mitigation services. The Department of Administrative and Financial Services, through the Bureau of General Services Real Estate Management, Division of Safety and Environmental Services, shall provide asbestos, lead and indoor air quality assessment and mitigation oversight services for public schools and state facilities. The Division of Safety and Environmental Services is the lead agency of the State for asbestos, lead and indoor air quality matters.

Sec. 32. 5 MRSA §1743, first ¶, as repealed and replaced by PL 2001, c. 271, §1, is amended to read:

The Department of Administrative and Financial Services through the Bureau of General Services Real Estate Management shall award a contract in accordance with this section for any public improvement that the State or any of its agencies hold in fee involving a total cost in excess of $100,000, except contracts for professional, architectural and engineering services. The bureau may reject any public improvement bid, qualification package or proposal when it determines that to do so is in the best interests of the State. The contract must be awarded by competitive bid as provided in subsection 2 or by the bid method provided in subsections 3 to 7 for alternative methods of project delivery.

Sec. 33. 5 MRSA §1743, sub-§1, ¶A, as enacted by PL 2001, c. 271, §1, is amended to read:

A. "Bureau" means the Bureau of General Services Real Estate Management.

Sec. 34. 5 MRSA §1743, sub-§1, ¶F, as enacted by PL 2001, c. 271, §1, is repealed.

Sec. 35. 5 MRSA §1743, sub-§2, as amended by PL 2007, c. 9, §1 and c. 466, Pt. C, §2, is further amended to read:

2. Competitive bids. A public improvement contract may be awarded under a system of competitive bidding in accordance with this Part and such other conditions as the Governor may prescribe. The competitive bidding process may be waived in individual cases involving emergency circumstances with the written approval of the director Chief Facilities Officer.

Sec. 36. 5 MRSA §1743, sub-§§3 to 7, as enacted by PL 2001, c. 271, §1, are amended to read:

3. Alternative methods of project delivery. As an alternative to the competitive bid method provided in subsection 2, a public improvement contract may be undertaken using the construction-manager-advisor, construction-manager-at-risk or design-build method of construction.

A. To the extent the provisions of this section do not address specific alternative delivery procurement, award or administration issues, the provisions may be supplemented at the discretion of the director Chief Facilities Officer with the concepts contained in the Bureau's bureau's architect-engineer selection procedures that are designed to achieve quality-based selection and with policies and procedures adopted by rule of the bureau with the advice of the review panel.

B. After award of a contract or contracts for a project under an alternative method of delivery, the bureau shall notify all unsuccessful proposers in writing within a reasonable amount of time of the final selection and award, and make available to them all scoring information used in the selection process. Upon award of the contract or contracts and after resolution of any procurement disputes, the bureau shall return documents submitted by unsuccessful proposers upon request.

C. Using the time frames and procedures established in section 1749, this paragraph governs appeals from decisions on alternative methods of project delivery.

(1) Resolution of disputes must be by appeal to the director Chief Facilities Officer, whose decision is the final administrative appeal.

(2) Nothing in this paragraph prevents an aggrieved party from seeking judicial review, which may include a request for stay of award pursuant to applicable laws, judicial decisions, rules and any other applicable procedures.

D. The director Chief Facilities Officer may adopt rules necessary to implement the provisions for alternative project delivery methods set out in this section in accordance with the Maine Administrative Procedure Act. Prior to the procurement or award of any contract under an alternative delivery method, the director Chief Facilities Officer shall adopt by rule policies and procedures to implement that method. Rules adopted under this subsection are routine technical rules pursuant to chapter 375, subchapter II-A 2-A.

4. Alternative Delivery System Review Panel. The director Chief Facilities Officer shall establish the Alternative Delivery System Review Panel to advise the director Chief Facilities Officer in developing alternative project delivery policies, procedures and rules and in selecting public improvement projects for construction under an alternative delivery method.

A. The review panel is composed of 6 members as follows:

(1) Two representatives of the bureau designated by the Commissioner of Administrative and Financial Services;

(2) Two representatives of the construction trade, one of whom is a building contractor designated by the president of a state-based organization that represents building contractors and one of whom is designated by the president of a state-based organization that represents specialty contractors;

(3) One representative designated by the president of a state-based organization that represents architects; and

(4) One representative designated by the president of a state-based organization that represents consulting engineers.

The private sector members serve terms of 3 years each and each appointing authority shall designate an alternate who shall serve in the event of a conflict of interest.

B. In making a recommendation on selection of projects to the bureau, the review panel shall consider the following criteria:

(1) Technical complexity of the project;

(2) Substantial time or schedule savings that are necessary to the success of the project;

(3) Project cost control;

(4) The bureau's capacity to plan and manage the selected alternative project delivery method of construction, either in house or through outside contract;

(5) Consistency and fairness in the procurement process;

(6) Assurance of competition; and

(7) Advancement of the public interest.

5. Design-build method. The design-build method must be consistent with guidelines approved by a national architect, general contractor or design-build organization or a combined or modified version of the guidelines approved by those entities, with the final design-build procedures and documents to be determined at the discretion of the bureau. The bureau may prequalify design-build teams using criteria that must include at a minimum those set forth in section 1747 and may also include additional criteria considered appropriate by the director Chief Facilities Officer.

A. Selection of the design-build teams is governed by this paragraph.

(1) Prior to publication of a request for qualifications, the bureau shall develop concept and schematic designs incorporating a detailed set of program requirements for the project using the services of a qualified architect, engineer or other professional who is selected using the bureau's architect-engineer selection rules. Individuals who are involved in developing the project's program requirements may not participate in the design-build teams.

(2) For each project, the bureau shall publish a request for qualifications in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal. The bureau shall issue a request-for-qualifications package to all firms requesting one in accordance with the notice. The bureau shall evaluate and rate all firms submitting a responsive statement of qualifications and select the most qualified firms to receive a request for proposals. Selection criteria at this stage include at a minimum the ability of the competitor to satisfactorily carry out the project design and construction requirements, past performance, relevant experience and financial capacity to perform. The bureau may select a short list of 3 to 5 firms. The bureau may pay a reasonable stipend to all responsive proposers who were not selected. The amount of the stipend must be published together with the evaluation criteria in the request for proposals.

(3) The request for proposals must set forth the scope of work, design parameters, construction requirements, time constraints and all other requirements that the bureau determines have a substantial impact on the cost or quality of the project and the project development process. The request for proposals must include the criteria for acceptable proposals and state clearly what weight will be assigned to each criterion. A description of the scoring process and quality criteria to be used to judge the proposals must also be contained in the request for proposals. As part of the selection process, proposers must make oral presentations to the selection panel established under subparagraph (4).

(4) The director Chief Facilities Officer shall appoint members of a selection panel for each project. The selection panel in both the request-for-qualifications and request-for-proposals phases must include design and construction professionals from within the bureau, design and construction professionals from outside the bureau and individuals who will use the facility.

(5) Each proposal must be submitted to the bureau in 2 separate components: a sealed technical proposal and a sealed price proposal. These 2 components must be submitted simultaneously. The selection panel shall first open and evaluate and score each responsive technical proposal based on the quality criteria contained in the request for proposals. Nonresponsive proposals must be rejected. During this evaluation process, the price proposals must remain sealed and all technical proposals are confidential. After completion of the evaluation of the technical proposals, the selection panel shall publicly open and read each price proposal. The bureau shall award the contract to the proposer with the lowest price per quality score point, as long as that proposal meets all request-for-proposals requirements. The bureau shall be permitted to modify the scoring of price and quality in accordance with rules adopted by the bureau.

6. Construction-manager-at-risk method. The construction-manager-at-risk method must be consistent with the concepts set forth in a standard form of agreement between an owner and a construction manager when the construction manager is also the constructor as established by national architect or general contractor organizations. The final procedures and documents for this method of delivery are determined at the discretion of the director Chief Facilities Officer.

A. The bureau shall publish in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, a request for qualifications that must contain the evaluation criteria upon which proposals are evaluated. Evaluation criteria include project size and scope, and relevant experience and financial and staff capability of proposers. The bureau shall evaluate the proposals and determine which proposers, if any, are qualified to perform the project. The bureau may select a short list of 3 to 5 firms.

B. Proposers determined to be qualified must be invited to submit a fee proposal. The bureau shall, in advance of soliciting a fee proposal, publish the evaluation criteria upon which the proposers are evaluated. Evaluation criteria at a minimum must include the following:

(1) Fee;

(2) Technical capacity;

(3) Management plan and project schedule if available;

(4) Experience;

(5) Past performance;

(6) Technical approach; and

(7) Composition and qualifications of the proposers' workforce.

As part of the selection process, proposers must make oral presentations to the selection panel established under paragraph C.

C. The director Chief Facilities Officer shall appoint members of a selection panel for each project. The selection panel must include representatives of the owner, designer, if selected, and individuals who will use the facility. From among the proposals submitted, the bureau shall select the most advantageous proposal that meets the published evaluation criteria.

D. Subcontractors must be selected in accordance with the following provisions. The bureau shall create a subcontractor prequalification panel, composed of a representative from the designer, the construction manager and the bureau. The construction manager shall develop detailed bid packages based on the industry standard practice. The bureau shall advertise in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, for requests for qualifications for each trade. The subcontractor prequalification panel shall, from the qualifications submitted, determine a short list of trade contractors who must be permitted to submit bids in accordance with the bid package requirements, pursuant to a publicly advertised process and deadline. Bids must be opened publicly and be awarded to the lowest responsive eligible bidder.

7. Construction-manager-advisor method. The construction-manager-advisor method must be consistent with the standard scope of services employed by the bureau in public improvement projects.

A. The bureau shall publish in at least 2 newspapers distributed in the State, one of which must be the Kennebec Journal, a request for proposals that identifies the evaluation criteria upon which proposers are evaluated. Evaluation criteria must include:

(1) Fee;

(2) Technical capacity;

(3) Management plan;

(4) Experience;

(5) Past performance; and

(6) Composition of the project team, with individual resumes.

As part of the selection process, proposers must make oral presentations to the selection panel established under paragraph B.

B. The director Chief Facilities Officer shall appoint members of a selection panel for each project. The selection panel must include representatives of the owner, designer, if selected, and individuals who will use the facility. From among the proposals submitted, the bureau shall select the most advantageous proposal according to the published evaluation criteria.

C. The position of general contractor must be awarded to the lowest responsive and eligible bidder. Additional trade contracts, if any, must be awarded to the lowest responsive and eligible bidder or bidders.

Sec. 37. 5 MRSA §1743-A, first ¶, as amended by PL 2011, c. 691, Pt. B, §11, is further amended to read:

Any contract for the construction, major alteration or repair of school buildings involving a total cost in excess of $250,000, except contracts for professional, architectural and engineering services and contracts for energy conservation services in accordance with Title 20-A, section 15915, must be awarded by competitive bids. The school district directors, school committee, building committee or whatever agency has responsibility for the construction, major alteration or repair shall, after consultation with the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services, seek sealed proposals. Sealed proposals must be addressed to the responsible agency and must remain sealed until publicly opened in the presence of the responsible agency or a committee of the responsible agency at such time as the responsible agency may direct. Competitive bids may be waived in individual cases involving unusual circumstances with the written approval of the Director of the Bureau of General Services Chief Facilities Officer and the Commissioner of Education.

Sec. 38. 5 MRSA §1743-C, sub-§§1 to 4, as enacted by PL 1995, c. 524, §1, are amended to read:

1. Information to potential bidders. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management or the procuring agency shall ensure that the bidding documents provided to potential bidders state that information concerning the availability of state subcontractors and suppliers, including women-owned businesses, is available from the Bureau of General Services Real Estate Management or the Department of Economic and Community Development. The statement must indicate that the use of subcontractors and suppliers and women-owned businesses in the State in the procurement of its goods and services is encouraged where possible.

2. Notice to businesses. The Bureau of General Services Real Estate Management shall adopt policies to promote the participation by enterprises doing business in this State and residents of this State in procurement contracts where possible. Policies must include, but are not limited to, providing for the notification of enterprises doing business in this State of opportunities to participate as subcontractors and suppliers on procurement contracts in an amount estimated to be equal to or greater than $100,000.

3. Notice to economic development organizations. The Bureau of General Services Real Estate Management or the procuring state agency shall provide notice of all anticipated competitive contracting opportunities to an automated supplier matching service identified as appropriate by the Department of Economic and Community Development.

4. Annual education session. The Bureau of General Services Real Estate Management shall sponsor an annual education session on procedures to procure contracts with the State. The Bureau of General Services Real Estate Management shall notify business enterprises in this State who have demonstrated an interest in opportunities to participate as contractors, subcontractors or suppliers on procurement contracts of the time and place of this annual education session.

Sec. 39. 5 MRSA §1745, as amended by PL 2011, c. 691, Pt. B, §12, is further amended to read:

§ 1745. Advertisement for sealed proposals; bonds

The trustees, commissioners or other persons in charge of any public improvement in an amount in excess of $100,000, which is subject to chapters 141 to 155 , shall, after consultation with the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services, advertise for sealed proposals not less than 2 weeks in such papers as the Governor may direct. The last advertisement must be at least one week before the time named in the advertisement for the closing of such bids. Sealed proposals for any public improvements must be addressed to the trustees, commissioners or such other persons having the construction in charge and remain sealed until opened at the time and place stated in the advertisement or as the Governor may direct.

If a public improvement has been properly advertised in accordance with this chapter, and no proposals have been received from a qualified person who has been bonded in accordance with the requirements of Title 14, section 871, the Director of the Bureau of General Services Chief Facilities Officer is authorized to accept proposals from persons that are not bonded in accordance with the requirements of Title 14, section 871. The Director of the Bureau of General Services Chief Facilities Officer is authorized to set reasonable standards to ensure the interest of the State in the consideration of persons mentioned in this paragraph.

Sec. 40. 5 MRSA §1746, last ¶, as amended by PL 2011, c. 691, Pt. B, §13, is further amended to read:

The Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services may approve contracts with a provision for daily financial incentive for projects completed before the scheduled date when it can be demonstrated that the early completion will result in a financial savings to the owner or to the State. The financial incentive may not be greater than the projected daily rate of savings to the owner or the State.

Sec. 41. 5 MRSA §1747, as amended by PL 2003, c. 589, §1, is further amended to read:

§ 1747. Questionnaire as prebid qualification

The public official may require, from a firm proposing to bid on public work duly advertised, a standard qualification statement and a letter from a licensed bonding company confirming that the firm has the financial capacity to perform the work before furnishing that person with plans and specifications for the proposed public work advertised.

The Director of General Services Chief Facilities Officer, after consultation with the appropriate department head or superintendent of schools, may refuse to release plans and specifications to a contractor for the purpose of bidding on a project:

1. Untimely completion. If, in the opinion of the director Chief Facilities Officer, there is evidence the contractor has not completed in a timely manner a prior construction project or projects and the resulting noncompletion clearly reflects disregard for the completion date and has created a hardship for the owner;

2. Incomplete work. If, in the opinion of the director Chief Facilities Officer, there is evidence the contractor has a history of inability to complete similar work;

3. Insufficient resources. If, in the opinion of the director Chief Facilities Officer, there is evidence the contractor does not have sufficient resources to successfully complete the work. The director Chief Facilities Officer may require additional information about the contractor's resources, including identification of major claims or litigation pending and whether the contractor has sought protection under the bankruptcy laws in the past 5 years. That information is confidential and not subject to disclosure under Title 1, chapter 13, subchapter 1. In evaluating the resources of a contractor, the director Chief Facilities Officer may consider the contractor's prior experience, including any significant disparity between the size and type of prior projects and the project or projects under consideration;

4. Misconduct. If the contractor has been convicted of collusion or fraud or any other civil or criminal violation relating to construction projects;

5. Safety record. If, in the opinion of the director Chief Facilities Officer, there is evidence of a history of inadequate safety performance and lack of formal safety procedures;

6. Material misrepresentation. If, in the opinion of the director Chief Facilities Officer, there is evidence of a material misrepresentation on the contractor's prebid qualification statement; or

7. Termination, suspension, defaults. If, in the opinion of the director Chief Facilities Officer, there is evidence that the contractor through its own fault has been terminated, has been suspended for cause, has been debarred from bidding, has agreed to refrain from bidding as part of a settlement or has defaulted on a contract or had a contract completed by another party.

If a contractor is disqualified for any of the reasons stated in subsection 1, 2, 4, 5, 6 or 7, the director Chief Facilities Officer may disallow the contractor from bidding on any similar public improvements for a period not to exceed one year.

Sec. 42. 5 MRSA §1749, first ¶, as amended by PL 1991, c. 780, Pt. Y, §60, is further amended to read:

Any contractor dissatisfied with the Director of the Bureau of General Services' Chief Facilities Officer's decision under section 1747 may appeal the decision to the Commissioner of Administrative and Financial Services within 5 calendar days of the receipt of notice from the director Chief Facilities Officer that the contractor has been excluded from receiving plans and specifications or the director Chief Facilities Officer has refused to accept the contractor's bid. The appeal process must be conducted at the discretion of the commissioner, but must be completed and a final decision rendered within 5 calendar days after the contractor's written notice of appeal unless extended by the commissioner. The decision of the commissioner is final and binding. Any contractor who requests a hearing under this section must be allowed to receive plans and specifications for a particular duly advertised public improvement and bid on that improvement. The bid of any contractor submitted under this section may be disallowed upon final decision of the commissioner.

Sec. 43. 5 MRSA §1749, 2nd ¶, as amended by PL 1993, c. 49, §1, is further amended to read:

If, in the construction of any public work, including buildings, highways, bridges, dams and drainage structures that the State does by contract, there arises a dispute between the State and the contractor that can not be settled, this dispute must be submitted, at the discretion of the Director of the Bureau of General Services Chief Facilities Officer, to alternative dispute resolution or to binding arbitration. Either the State or the contractor may, if unsatisfied by the alternative dispute resolution process, submit the dispute to binding arbitration.

Sec. 44. 5 MRSA §1751, as amended by PL 1993, c. 606, §1, is further amended to read:

§ 1751. Employment of a clerk-of-the-works

A clerk-of-the-works must be employed to assist in the inspection of the construction of a public improvement when directed by the director Chief Facilities Officer within the Department of Administrative and Financial Services. The clerk shall report directly to the professional architect-engineer of record for the project. In addition, the clerk shall provide a report of all correspondence sent or received by the clerk to the owner. The budget for the public improvement must include funding for the clerk. The clerk must be hired through an open advertising and interview process by the owner and the architect-engineer. The clerk candidate recommended by the architect-engineer is subject to approval by both the owner and the director Chief Facilities Officer before being hired. The architect-engineer may terminate or impose disciplinary action on the clerk after consultation with the owner. The clerk must possess qualifications of education and experience in construction technology and administration compatible with the needs of the public improvement. The director Chief Facilities Officer may adopt rules relative to this section.

Sec. 45. 5 MRSA §1752, as amended by PL 2011, c. 691, Pt. B, §14, is further amended to read:

§ 1752. Centrally leased space and food vending

The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management may establish a dedicated revenue account for the management of space leased by the bureau for state offices and facilities. Charges levied to state agencies for centrally leased space must be deposited to the dedicated revenue account. A dedicated revenue account may be established for operations related to food vending services.

Sec. 46. 5 MRSA §1753, sub-§§1 and 2, as enacted by PL 1993, c. 606, §2, are amended to read:

1. Representative's relationship to owner. The owner's representative may be an employee of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, an employee of the owner or an independent contractor. The owner's representative's responsibility is to act as an advisor to the owner. It is the responsibility of the owner's representative to facilitate open communications among all parties, to help to avoid adversarial interactions and to promote a sense of trust and teamwork in order to accomplish the smooth execution of the project and to see that the project is completed at the lowest possible cost and highest degree of quality and workmanship that are consistent with the plans and specifications for the project.

2. Owner's representative qualifications. The owner's representative must be hired by the owner through an open advertising and interview process and is subject to final approval by the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services.

Sec. 47. 5 MRSA §1753, sub-§3, ¶B, as enacted by PL 1993, c. 606, §2, is amended to read:

B. Provide guidance to the owner in the selection of an architect or an engineer in accordance with the architect and engineering services procurement process as administered by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management;

Sec. 48. 5 MRSA §1753, sub-§5, as amended by PL 1997, c. 186, §1, is further amended to read:

5. Report required. A school unit employing an owner's representative under this section shall provide a report to the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management describing the effectiveness of an owner's representative to a project. The Bureau of General Services Real Estate Management shall provide the joint standing committee of the Legislature having jurisdiction over state and local government matters with an annual report on the employment of an owner's representative, including the written comments from each school unit that has chosen to employ an owner's representative under this section.

Sec. 49. 5 MRSA §1762-A, first ¶, as amended by PL 2011, c. 691, Pt. B, §15, is further amended to read:

After January 1, 1992, unless otherwise required by law, or for reasons of health or safety, the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management and the following departments and agencies may not purchase or install any faucet, shower head, toilet or urinal that is not a low-flow faucet, a low-flow shower head, a water-saving toilet or a water-saving urinal:

Sec. 50. 5 MRSA §1762-A, sub-§1, as enacted by PL 1991, c. 246, §1, is amended to read:

1. Bureau of Business Management. The Bureau of Purchases Business Management under chapter 155;

Sec. 51. 5 MRSA §1762-A, last ¶, as amended by PL 2011, c. 691, Pt. B, §15, is further amended to read:

By January 1, 1992, the The Bureau of General Services Real Estate Management shall adopt rules defining a "low-flow faucet," a "low-flow shower head," a "water-saving toilet" and a "water-saving urinal" that minimize water use to the maximum extent economically and technologically feasible.

Sec. 52. 5 MRSA §1763, last ¶, as amended by PL 1997, c. 541, §1, is further amended to read:

In the event of an emergency such as a building destroyed by fire, this requirement may be waived by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management.

Sec. 53. 5 MRSA §1764, sub-§1, as amended by PL 1997, c. 541, §2, is further amended to read:

1. Bureau of Real Estate Management to adopt rules and procedures. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall adopt rules, including energy conservation guidelines that conform as a minimum to the energy efficiency building performance standards adopted by the Department of Economic and Community Development for conducting an energy-related life-cycle costs analysis of alternative architectural or engineering designs, or both, and shall evaluate the efficiency of energy utilization for designs in the construction and lease of public improvements and public school facilities. Any rules adopted take effect 90 days after the enactment of this subchapter.

Sec. 54. 5 MRSA §1764, sub-§2, ¶B, as amended by PL 1997, c. 541, §2, is further amended to read:

B. The reasonable energy-related costs of probable maintenance, including labor and materials and operation of the building, replacement costs over the expected life of the facility and any other ownership cost issues identified by the Bureau of General Services Real Estate Management; and

Sec. 55. 5 MRSA §1764, sub-§2, ¶C, as enacted by PL 1997, c. 541, §2, is amended to read:

C. A comparison of energy-related and economic-related design alternatives. The Bureau of General Services Real Estate Management may direct the designer to select, include and develop life-cycle costs for any viable alternatives that should be considered.

Sec. 56. 5 MRSA §1764, sub-§3, as amended by PL 2007, c. 671, §§1 to 3, is further amended to read:

3. Determination of life-cycle costs. To determine the life-cycle costs, the Bureau of General Services Real Estate Management shall adopt rules that include but are not limited to:

A. The orientation and integration of the facility with respect to its physical site;

B. The amount and type of glass employed in the facility and the directions of exposure;

C. The effect of insulation incorporated into the facility design and the effect on solar utilization to the properties of external surfaces;

D. The variable occupancy and operating conditions of the facility and subportions of the facility;

E. Energy consumption analysis of the major equipment of the facility's heating, ventilating and cooling system, lighting system, hot water system and all other major energy-consuming equipment and systems as appropriate. This analysis must include:

(1) The comparison of alternative systems;

(2) A projection of the annual energy consumption of major energy-consuming equipment and systems for a range of operations of the facility over the life of the facility; and

(3) The evaluation of the energy consumption of component equipment in each system, considering operation of the components at other than full or rated outputs; and

F. The cost-effectiveness of integrating wind or solar electricity generating equipment into the design and construction of the facility.

Sec. 57. 5 MRSA §1764-A, sub-§2, as amended by PL 2011, c. 420, Pt. A, §3, is further amended to read:

2. Rules. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, in consultation with the Public Utilities Commission, shall by rule require that 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:

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 in effect for commercial and institutional buildings pursuant to former Title 10, section 1415-D; and

C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a minimum of 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.

Rules adopted pursuant to this section apply to all 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, regardless of whether the planning and design for construction is subject to approval by the department.

Rules adopted pursuant to this section may provide for exemptions, waivers or other appropriate consideration for buildings with little or no energy usage, such as unheated sheds or warehouses.

The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 58. 5 MRSA §1766, first and 4th ¶¶, as amended by PL 2011, c. 691, Pt. B, §16, are further amended to read:

For the purposes of the installation, development or operation of any energy production improvement at or in connection with a state facility, and notwithstanding any other provision of law, any department or agency of the State, subject to approval of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, may enter into an agreement with a private party under which the private party may, for consideration, lease or otherwise acquire property interest, exclusive of ownership in fee, in land, buildings or other existing heating facilities and right of access thereto; as long as any improvement to the land, buildings or other existing heating facility installed, erected, owned, developed or operated by the private party utilizes biomass, solid waste or some combination of biomass and solid waste for at least 50% of its total energy input. The duration of the agreement may not exceed 20 years.

Any department or agency of the State, subject to approval by the Bureau of General Services Real Estate Management, at the termination of the agreement with the private party pursuant to this section, may acquire, operate and maintain the improvement, may renew the agreement with the private party or may make an agreement with another private party to operate and maintain the improvement.

Sec. 59. 5 MRSA §1767, first and 2nd ¶¶, as amended by PL 2007, c. 539, Pt. O, §1, are further amended to read:

Any department or agency of the State, subject to approval of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, may enter into an agreement with a private party such as an energy service or 3rd-party financing company for the design, installation, operation, maintenance and financing of energy conservation improvements at state facilities.

Sec. 60. 5 MRSA §1767, last ¶, as enacted by PL 2007, c. 539, Pt. O, §1, is amended to read:

The Bureau of General Services Real Estate Management on behalf of any department or agency of the State is authorized to enter into agreements with private parties to study, plan, design, install, operate, maintain, finance and secure other services as may be necessary for the delivery of energy conservation projects at state facilities and projects to generate or cogenerate energy at state facilities for use on site and elsewhere. Nothing in this section may be construed to compel the Bureau of General Services Real Estate Management to enter into such agreements. An agreement made subject to this section must be submitted to the Legislature for approval through the usual budget procedure if the agreement would require a new expenditure beyond existing appropriations or allocations.

Sec. 61. 5 MRSA §1768, as amended by PL 2011, c. 691, Pt. B, §17, is further amended to read:

§ 1768. Shared savings program; state agencies

The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall develop an energy efficiency incentive program in which an eligible department or agency of the State may retain a portion of any first-year energy cost savings demonstrably attributable to energy efficiency improvements undertaken by that department or agency. A condition of the program is that the portion of energy cost savings not retained by the department or agency must be credited to the General Fund. The bureau shall submit the proposed program to the joint standing committee of the Legislature having jurisdiction over state and local government matters by January 1, 1992.

Sec. 62. 5 MRSA §1769, sub-§2, ¶C, as amended by PL 2011, c. 691, Pt. B, §18, is further amended to read:

C. The Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services ensures that consideration is given to minimizing glare and light trespass.

Sec. 63. 5 MRSA §1769, sub-§3, ¶B, as amended by PL 2011, c. 691, Pt. B, §19, is further amended to read:

B. The Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services determines that there is a compelling safety interest that can not be addressed by any other method.

Sec. 64. 5 MRSA §1782, sub-§3, as amended by PL 2001, c. 525, §1, is repealed.

Sec. 65. 5 MRSA §1783, as amended by PL 2001, c. 525, §2, is further amended to read:

§ 1783. Lease of state-owned facilities

The director Chief Facilities Officer shall negotiate and have final approval of any lease or rental contract for all or a portion of any available state-owned building or facility. No available state-owned facility or building may be leased except as provided in this section, Title 12, Title 23, Title 30, chapter 233, and Resolve 1986, chapter 68.

1. Unused state facilities. In the event that an agency of jurisdiction finds that it has no need for an available facility, for a period of at least one year, the director Chief Facilities Officer may lease the available facility.

2. State agencies to be given priority. In providing for the lease of an available facility, the director Chief Facilities Officer shall first offer the available facility to state agencies in the following order:

A. State agencies or sub-units of state agencies which are not located in state-owned facilities; and

B. State agencies located in state-owned facilities.

3. Lease of state-owned facilities to other organizations. In the event that no state agency leases the available facility as provided in subsections 1 and 2, the director Chief Facilities Officer, with the approval of the commissioner or director of the agency of jurisdiction, may, by competitive bid, offer to lease the facility to any other organization.

A. Whenever the director Chief Facilities Officer offers to lease the available facility pursuant to this subsection, the director Chief Facilities Officer shall offer the lease to only those types of organizations that the agency of jurisdiction finds to be compatible with or conducive to the operation and services of the agency of jurisdiction.

B. Notwithstanding this subsection, the director Chief Facilities Officer may lease an available facility or portion of an available facility to a type of organization described in paragraph A without competitive bidding if:

(1) A total of 2,500 square feet or less in the available facility is unused and therefore available for lease; or

(2) The space leased is limited to 50% or less of the available facility up to a total of 20,000 square feet.

4. Standards. In offering a lease under the provisions of subsection 3, the director Chief Facilities Officer shall include standards and conditions in the lease as determined by the commissioner or director of the agency of jurisdiction which that, at a minimum, include the following:

A. The types of uses compatible with and conducive to the activities of the agency of jurisdiction; and

B. The types of activities in which the lessee may engage which, at a minimum, shall include the following:

(1) Any services or programs that the lessee is required to provide or offer;

(2) Termination of lease provisions, to include 60-day notice by either the State or the lessee;

(3) Capital improvements to be made or equipment to be provided by the lessee;

(4) The length of the lease not to exceed 2 years, except when the director Chief Facilities Officer, with the approval of the commissioner or director of the agency of jurisdiction, finds that a longer term lease will accrue benefit to the State;

(5) Following notice as provided in this subsection, termination of the lease by the State to accommodate the needs of a state agency; and

(6) Any other provisions deemed necessary by the agency of jurisdiction or the director Chief Facilities Officer.

Sec. 66. 5 MRSA §§1784 and 1785, as enacted by PL 1985, c. 758, §1, are amended to read:

§ 1784. Rent and fees

In providing a lease under this chapter, the director Chief Facilities Officer shall require payment of fees or charges that, at a minimum, cover the costs of utilities, including heat, custodial services and any other costs generated by the lessee. In addition, a monthly rental fee shall must be charged to the user which that need not necessarily be the current rate charged in the private sector for similar facilities.

1. Provision of services to the State. If the lessee provides services or assistance to the State at no charge or at significantly reduced charges or the lessee provides in-kind contributions, the monthly rental fee may be reduced or waived by mutual agreement of the director Chief Facilities Officer and the commissioner or director of the agency of jurisdiction.

§ 1785. Adoption of rules

1. Rules of implementation. The director Chief Facilities Officer shall adopt rules to implement this chapter. At a minimum, these rules shall must include:

A. Provisions for offering available state facilities to state agencies;

B. Provisions for offering, by competitive bidding, available facilities to other organizations;

C. Standards for determining user created costs to state agencies for use of state-owned facilities to be reimbursed to the State; and

D. Standards for determining rental fees based on the location of the facilities, accessibility, local market rates, services or in-kind contributions provided by the user or lessee and any other standards deemed necessary by the director Chief Facilities Officer.

Sec. 67. 5 MRSA §1811, first ¶, as amended by PL 1991, c. 780, Pt. Y, §61, is further amended to read:

The Department of Administrative and Financial Services, through the Bureau of General Services Business Management, has authority:

Sec. 68. 5 MRSA §1811, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §62, is repealed and the following enacted in its place:

1. Purchases. To purchase all services, supplies, materials and equipment required by State Government or by any department or agency thereof, subject to chapters 141 to 155. The Chief Procurement Officer may establish dates by which departments and agencies of State Government must order standard forms that each department or agency requires and may determine the quantity of each standard form to be printed in order to obtain savings resulting from volume purchasing;

Sec. 69. 5 MRSA §1811, sub-§8, as amended by PL 2005, c. 12, Pt. T, §8, is further amended to read:

8. Cooperative purchasing. To permit any political subdivision or school administrative district in the State or nonprofit free health care clinic that provides free primary or preventative services to make purchases of foodstuffs, materials, equipment and supplies through the Bureau of General Services Business Management, subject to such procedures , and rules and regulations as may be prescribed by the director Chief Procurement Officer. This subsection applies to a municipality notwithstanding any provision in its municipal charter to the contrary;

Sec. 70. 5 MRSA §1811, sub-§11, as enacted by PL 2005, c. 12, Pt. T, §10, is amended to read:

11. Motor vehicle replacement policy. To require that requisitions for replacement motor vehicles include the age and total mileage of the motor vehicles being replaced. For the purposes of this subsection, "motor vehicles" means passenger cars and panel and pickup trucks, excluding those vehicles authorized and assigned for pursuit purposes. Under no circumstances are any state vehicles to be used for commuting purposes. It is the intent of the Legislature that motor vehicles be in service for at least 5 years or 75,000 miles, whichever occurs first, before they are replaced. This policy must also be adopted by the State Budget Officer when preparing a budget document. Exceptions to this replacement policy require the prior approval of the Commissioner of Administrative and Financial Services. The Commissioner of Administrative and Financial Services may also set appropriate standards with regard to motor vehicle type, size and equipment and direct that all motor vehicles be purchased in accordance with a commodity calendar established by the Director of the Bureau of General Services Chief Procurement Officer.

Sec. 71. 5 MRSA §1812, first and 3rd ¶¶, as amended by PL 1991, c. 780, Pt. Y, §67, are further amended to read:

The terms "services," "supplies," "materials" and "equipment" as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. Except as provided in chapters 141 to 155, any and all services, supplies, materials and equipment needed by one or more departments or agencies of the State Government must be directly purchased or contracted for by the Director of the Bureau of General Services Chief Procurement Officer, as may be determined from time to time by rules adopted pursuant to chapters 141 to 155, which rules the Department of Administrative and Financial Services is authorized and empowered to make. It is the intent and purpose of this chapter that the Director of the Bureau of General Services Chief Procurement Officer purchase collectively all services, supplies, materials and equipment for the State or any department or agency thereof in a manner that will best secure the greatest possible economy consistent with the grade or quality of the services, supplies, materials and equipment best adapted for the purposes for which they are needed. Whenever supplies and materials are available for purchase that are composed in whole or in part of recycled materials and are shown by the seller, supplier or manufacturer to be equal in quality and are competitively priced, except for paper and paper products, the Director of the Bureau of General Services Chief Procurement Officer shall purchase such recycled supplies and materials. The Director of the Bureau of General Services Chief Procurement Officer shall also review procurement procedures and bid specifications for the purchase of products and materials to ensure, to the maximum extent feasible, the purchase of products or materials that are made with recycled materials or may be recycled or reused once discarded. For the purposes of this section and section 1812-B, "recycled materials" means materials that are composed in whole or in part of elements that are reused or reclaimed.

The word "services," when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. The Director of the Bureau of General Services Chief Procurement Officer may, with the approval of the Commissioner of Administrative and Financial Services add to or eliminate from the various types of service set forth in this paragraph such services performed by independent contractors as may be considered by the director Chief Procurement Officer to be in the best interests of the State.

Sec. 72. 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 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 Department of Administrative and Financial Services, Bureau of Purchases Business Management 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. 73. 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 be spent on paper and paper products with recycled material content;

B. On or after October 1, 1991, not less than 30% shall be spent on paper and paper products with recycled material content; and

C. On or after October 1, 1993, not less than 50% shall 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 1 of the Guideline for Federal Procurement of Paper and Paper Products, 40 Code of Federal Regulations, Part 250 the United States Environmental Protection Agency comprehensive procurement guidelines. The State Purchasing Agent Chief Procurement Officer shall determine whether a paper or 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 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 content.

Sec. 74. 5 MRSA §1812-D, as enacted by PL 1989, c. 585, Pt. C, §3 and amended by PL 2011, c. 657, Pt. W, §5, is further amended to read:

§ 1812-D. Coordination of procurement information and policies

The Department of Administrative and Financial Services, Bureau of Purchases Business Management shall coordinate with the Department of Transportation, the Department of Agriculture, Conservation and Forestry , and the Department of Environmental Protection and the Office of Waste Reduction and Recycling to develop a central data base of information including, but not limited to, procurement policies, market information, technical data and demonstration project results. This data shall must be compiled annually and provided to local public agencies by the Office of Waste Reduction and Recycling Department of Environmental Protection.

Sec. 75. 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. 76. 5 MRSA §1813, as amended by PL 2005, c. 386, Pt. H, §8, is further amended to read:

§ 1813. Rules

The Director of the Bureau of General Services Chief Procurement Officer, with the approval of the Commissioner of Administrative and Financial Services, may adopt, modify or abrogate rules for the following purposes:

1. Direct purchases. Authorizing any state department or agency to purchase directly certain specified services, supplies, materials and equipment, limiting their powers in relation thereto, and describing the manner in which purchases shall are to be made;

2. Purchase and distribution of supplies. Prescribing the manner in which the supplies, materials and equipment shall are to be purchased, delivered, stored and distributed;

3. Monthly reports. Requiring monthly reports by state departments or agencies of stocks of supplies, materials and equipment on hand and prescribing the form of such reports;

4. Requisitions and estimates. Prescribing the dates for making requisitions and estimates, the periods for which they are to be made, the form thereof and the manner of authentication;

5. Inspection and tests. Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and making chemical and physical tests of samples submitted with bids and samples from deliveries;

6. Surplus property. Providing for transfer of supplies, materials and equipment that are surplus from one state department or agency to another that may need them, and for the disposal by private and public sale of supplies, materials and equipment that are obsolete and unusable. Political subdivisions, educational institutions, fire departments or qualifying nonprofit organizations as defined in section 1828, subsection 1, must be given an opportunity to purchase the surplus items through private sale. If 2 or more political subdivisions, educational institutions, fire departments or qualifying nonprofit organizations are interested in any item, the sale must be the result of competitive bid. Any equipment so purchased must be retained for a period of at least one year in a current ongoing program. Any item purchased by a political subdivision, educational institution, fire department or qualifying nonprofit organization under this section may not be sold or transferred by that political subdivision, educational institution, fire department or qualifying nonprofit organization for a period of 6 months from the date of the private sale, except that a qualifying nonprofit organization that contracts with the Department of Health and Human Services to provide vehicles to low-income families may resell a passenger vehicle or light truck purchased in the private sale to a low-income family to assist it in participating in work, education or training pursuant to the qualifying nonprofit organization's contract with the Department of Health and Human Services. The State reserves the right to refuse to sell additional equipment to a political subdivision, educational institution, fire department or qualifying nonprofit organization if it is determined that the political subdivision, educational institution, fire department or qualifying nonprofit organization has not retained the equipment for the required period of 6 months;

7. Deposit or bond with bids. Prescribing the amount of deposit or bond to be submitted with a bid on a contract and the amount of bond to be given for the faithful performance of a contract; and

8. Other matters. Providing for such other matters as may be necessary to give effect to the foregoing rules and to chapters 141 to 155.

Sec. 77. 5 MRSA §1813-B, as enacted by PL 2015, c. 345, §1, is amended to read:

§ 1813-B. Cost-savings information available through the Internet

The Director of the Bureau of General Services Chief Procurement Officer shall make cost-savings information for the award winners of all competitively bid contracts for services for the State available through the department's publicly accessible site on the Internet. For a contract with a new contractor, the cost-savings information must, where applicable, include projected savings of the contract over the State's costs of providing the same service and include the amount of savings over the previous contractor's contract. For a contract with a contractor renewing or extending a contract for the first time, the cost-savings information must, where applicable, include details of cost-savings cost savings for the expiring contract over the previous contractor's costs and details of continued cost-savings cost savings at or below costs in the current contract adjusted for inflation. For a contract with a contractor renewing or extending a contract beyond a first renewal or extension, the cost-savings information must include details on continued cost-savings cost savings at or below costs in the current contract adjusted for inflation. The Director of the Bureau of General Services Chief Procurement Officer shall coordinate with all departments and agencies in the State to ensure the collection of the cost-savings information described in this section. The Director of the Bureau of General Services Chief Procurement Officer, with the approval of the Commissioner of Administrative and Financial Services, shall establish by rule practices and procedures to make the cost-savings information available on the department's publicly accessible site on the Internet. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 78. 5 MRSA §1815 is amended to read:

§ 1815. Requisitions required

Except as otherwise provided in chapters 141 to 155 and the rules and regulations adopted hereunder, 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 Chief Procurement Officer's authorized representative, shall examine each requisition submitted to him the Chief Procurement 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. 79. 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. 80. 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. 81. 5 MRSA §1818 is amended to read:

§ 1818. Deliveries

Supplies, materials and equipment, purchased or contracted for by the State Purchasing Agent Chief Procurement Officer, shall must be delivered by him the Chief Procurement 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. 82. 5 MRSA §1819 is amended to read:

§ 1819. Unlawful purchases

Whenever any department or agency of the State Government, required by chapters 141 to 155 and rules and regulations adopted pursuant thereto, applying to the purchase of services, supplies, materials or equipment through the State Purchasing Agent Chief Procurement Officer, shall contract contracts for the purchase of such services, supplies, materials or equipment contrary to chapters 141 to 155 or the rules and regulations made hereunder, such the 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 or rules and regulations made hereunder, the head of such the department or agency shall be is personally liable for the costs thereof, and if such 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. 83. 5 MRSA §1825-A, sub-§§2 and 3, as enacted by PL 1989, c. 785, §2, are 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.

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. 84. 5 MRSA §1825-B, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §70, is further amended to read:

1. Purchases by competitive bidding. The Director of the Bureau of General Services Chief Procurement Officer shall purchase collectively all goods and services for the State or any department or agency of the State in a manner that best secures the greatest possible economy consistent with the required grade or quality of the goods or services. Except as otherwise provided by law, the Director of the Bureau of General Services Chief Procurement Officer shall make purchases of goods or services needed by the State or any department or agency of the State through competitive bidding.

Sec. 85. 5 MRSA §1825-B, sub-§2, as amended by PL 2011, c. 555, §1, is further amended to read:

2. Waiver. The requirement of competitive bidding may be waived by the Director of the Bureau of General Services Chief Procurement Officer when:

A. The procurement of goods or services by the State for county commissioners pursuant to Title 30-A, section 124, involves the expenditure of $2,500 or less, and the interests of the State would best be served;

B. The Director of the Bureau of General Services Chief Procurement Officer is authorized by the Governor or the Governor's designee to make purchases without competitive bidding because in the opinion of the Governor or the Governor's designee an emergency exists that requires the immediate procurement of goods or services;

C. After reasonable investigation by the Director of the Bureau of General Services Chief Procurement Officer, it appears that any required unit or item of supply, or brand of that unit or item, is procurable by the State from only one source;

D. It appears to be in the best interest of the State to negotiate for the procurement of petroleum products;

E. The purchase is part of a cooperative project between the State and the University of Maine System, the Maine Community College System, the Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State involving:

(1) An activity assisting a state agency and enhancing the ability of the university system, community college system, Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State to fulfill its mission of teaching, research and public service; and

(2) A sharing of project responsibilities and, when appropriate, costs;

F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau of General Services Chief Procurement Officer may accept oral proposals or bids; or

G. The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need.

Sec. 86. 5 MRSA §1825-B, sub-§§3 and 4, as amended by PL 1991, c. 780, Pt. Y, §70, are further amended to read:

3. Report. By January 15th of each year the Director of the Bureau of General Services Chief Procurement Officer shall submit to the joint standing committee of the Legislature having jurisdiction over state and local government matters a report concerning any waivers from the competitive bidding provisions established in subsection 2, paragraph E.

4. Registry of suppliers. Suppliers desiring to have their names entered on a registry of suppliers must submit a request to the Director of the Bureau of General Services Chief Procurement Officer in writing. The Director of the Bureau of General Services Chief Procurement Officer may prescribe the manner and form in which such a request must be submitted and may limit the number of names of out-of-state bidders on any registry. The name of any supplier entered in such a registry who fails to submit a bid on 3 consecutive proposals or invitations to bid may be removed from the registry at the discretion of the Director of the Bureau of General Services Chief Procurement Officer, except that the Department of Corrections remains on any registry until the Department of Corrections requests that the department be removed from that registry.

Sec. 87. 5 MRSA §1825-B, sub-§§6 to 9, as amended by PL 2015, c. 179, §2, are further amended to read:

6. Record of bids. Each bid, with the name of the bidder, must be entered on a record. Each record, with the successful bid indicated, must be open to public inspection after the letting of the contract or grant. A bond for the proper performance of each contract or grant may be required of each successful bidder at the discretion of the Director of the Bureau of General Services Chief Procurement Officer, with the approval of the Commissioner of Administrative and Financial Services.

7. Awards to best-value bidder. Except as otherwise provided by law, competitively awarded orders, grants or contracts made by the Director of the Bureau of General Services Chief Procurement Officer or by any department or agency of the State must be awarded to the best-value bidder, taking into consideration the qualities of the goods or services to be supplied, their conformity with the specifications, the purposes for which they are required, the date of delivery and the best interest of the State. If the bidder that was initially awarded the order, grant or contract does not perform, the Director of the Bureau of General Services Chief Procurement Officer may cancel the order, grant or contract and award a new order, grant or contract to the 2nd best-value bidder. The order, grant or contract may not be awarded to a bidder that the Director of the Bureau of General Services Chief Procurement Officer determined was not in compliance at the time the initial bid was submitted.

8. Tie bids. The Director of the Bureau of General Services Chief Procurement Officer shall award contracts, grants or purchases to in-state bidders or to bidders offering commodities produced or manufactured in the State if the price, quality, availability and other factors are equivalent.

9. Determination of best-value bidder. In determining the best-value bidder, the Director of the Bureau of General Services Chief Procurement Officer or any department or agency of the State shall, for the purpose of competitively awarding a contract or grant, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

Sec. 88. 5 MRSA §1825-B, sub-§10, as amended by PL 1997, c. 263, §2, is further amended to read:

10. List of state preferences published. The Director of the Bureau of General Services Chief Procurement Officer on or before January 1st of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each such state. The Director of the Bureau of General Services Chief Procurement Officer or any department or agency of the State may rely on the names of states and percentages as published in determining the best-value bidder without incurring any liability to any bidder.

Sec. 89. 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. 90. 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. 91. 5 MRSA §1825-B, sub-§13, as enacted by PL 2007, c. 193, §2, is amended to read:

13. Vendor's fee report. By January 15th of each year the Director of the Bureau of General Services Chief Procurement Officer shall submit a report to the joint standing committee of the Legislature having jurisdiction over state and local government matters concerning revenue generated by the vendor's fee established in subsection 12.

Sec. 92. 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. 93. 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. 94. 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. 95. 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 first adopting those changes or substitutions as rules under this subchapter in accordance with the Maine Administrative Procedure Act, chapter 375.

Sec. 96. 5 MRSA §1825-E, as amended by PL 2015, c. 179, §6, is further amended to read:

§ 1825-E. Appeal procedures

The Director of the Bureau of General Services Chief Procurement Officer shall ensure that every department or agency of State Government affords aggrieved persons an opportunity to appeal a contract or grant award decision. As provided by this section, rules adopted under this subchapter must establish clear procedures by which an aggrieved person may appeal a contract or grant award decision.

1. Stay. Persons aggrieved by a contract or grant award decision may request a stay of an award decision. Such a request must be made to the Director of the Bureau of General Services Chief Procurement Officer in writing within 10 days of notification of the contract or grant award and must state the nature of the grievance.

The Director of the Bureau of General Services Chief Procurement Officer shall issue a stay of a contract or grant award decision, pending appeal, upon a showing of irreparable injury to the petitioner, a reasonable likelihood of success on the merits , and no substantial harm to adverse parties or to the general public.

Failure of the petitioner to obtain a stay does not affect the petitioner's right to a hearing of appeal under this subchapter.

2. Request for hearing of appeal. Persons aggrieved by an agency contract or grant award decision under this subchapter may request a hearing of appeal. Such a request must be made to the Director of the Bureau of General Services Chief Procurement Officer in writing within 15 days of notification of the award. The Director of the Bureau of General Services Chief Procurement Officer shall grant a hearing of appeal unless:

A. The Director of the Bureau of General Services Chief Procurement Officer determines that:

(1) The petitioner is not an aggrieved person;

(2) A prior request by the same petitioner relating to the same contract or grant award has been granted;

(3) The request was made more than 15 days after notice of contract or grant award; or

(4) The request is capricious, frivolous or without merit; or

B. No contract or grant was awarded.

The Director of the Bureau of General Services Chief Procurement Officer shall notify the petitioner in writing of the director's Chief Procurement Officer's decision regarding a request for a hearing of appeal within 15 days of receipt of the request. If a request for a hearing is granted, notification must be made at least 10 days before the hearing date and must include the date and location of the hearing and the names of the appeal committee members.

3. Appeal committee. A committee of 3 members shall hear a petitioner's appeal within 60 days of receipt of the request for an appeal. The Commissioner of Administrative and Financial Services shall appoint 2 members of an appeal committee, except that persons who have any direct or indirect personal, professional or financial conflict of interest in the appeal or employees of any department affected by the contract or grant may not serve on the appeal committee. The 3rd member is the Director of the Bureau of General Services Chief Procurement Officer or the director's Chief Procurement Officer's designee.

Members of an appeal committee appointed under this section shall meet at the appointed time and place in the presence of the petitioner and such individuals as the petitioner determines necessary for a full and fair hearing. The petitioner may present to the appeal committee any materials the petitioner considers relevant to the appeal.

The appeal committee shall keep a written record of each hearing and shall submit its decision and the reasons for its decision to the Director of the Bureau of General Services Chief Procurement Officer in writing no later than 15 days following the hearing of appeal.

Subject to the requirements of rules adopted under this section and evidence presented during a hearing of appeal, the appeal committee may decide either to:

A. Validate the contract or grant award decision under appeal; or

B. Invalidate the contract or grant award decision under appeal.

Except as provided in paragraph B, an appeal committee may not modify the contract or grant award under appeal , or make a new award. Contracts or grants found invalid by an appeal committee under this subchapter become immediately void and of no legal effect.

Sec. 97. 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. 98. 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. 99. 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. 100. 5 MRSA §1825-K, sub-§§3 to 5, as enacted by PL 2005, c. 554, Pt. A, §1, are 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.

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 Chief Procurement 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.

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. 101. 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 State of Maine with goods covered by this code sign an affidavit stating that they and, 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. 102. 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. 103. 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. 104. 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. 105. 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. 106. 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. 107. 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 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. 108. 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 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 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. 109. 5 MRSA §1826-B, sub-§3, as enacted by PL 2007, c. 395, §2, is amended to read:

3. Officer. " Director Officer" means the Director of the Bureau of General Services Chief Procurement Officer within the Department of Administrative and Financial Services , Bureau of Business Management.

Sec. 110. 5 MRSA §1826-C, as amended by PL 2007, c. 395, §3, is further amended to read:

§ 1826-C. Work center purchases

4. Work center purchases schedule. The director officer shall develop and use a work center purchases schedule. The director officer shall:

A. Identify and develop a list of all products and services purchased or scheduled to be purchased by State Government;

B. Identify and develop a list of all work centers in the State, including a description of the products and services work centers are currently providing or have recently provided and including an assessment of the products and services that work centers are capable of providing, but have not recently provided; and

C. Develop from the information obtained in paragraphs A and B a work center purchases schedule that describes all products and services to be purchased by the State that, in the view of the director officer, could be provided by work centers. In developing this schedule, the director officer shall give consideration to the abilities of work centers to meet contract requirements and to meet generally accepted quality control standards and any potential technical assistance that may be required to enable a work center to compete fairly for contracts, pursuant to this subchapter.

5. Competitive bidding. The director officer shall develop procedures for competitive bidding by eligible work centers only for products and services identified on the work center purchase purchases schedule. If no bid is received from a work center for any product or service on the schedule, the director officer shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director officer and the Department of Corrections do not come to agreement, the product or service must be put out to general bid by the director, officer in accordance with standard rules and procedures. If only one work center bid is received, the director officer shall review the bid and make a determination regarding the fairness of the price and terms of the proposed contract. If the director officer determines that the work center may not be awarded this bid, the director officer shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director officer and the Department of Corrections do not come to agreement, the contract must be offered for standard competitive bid by the director officer in accordance with standard rules and procedures.

6. Award of contracts; fair price. The director officer has final determination in awarding contracts to work centers through the competitive bidding process. The director's officer's judgment prevails in the determination that the price and contract terms are fair and reasonable both to the work center and to the State. In determining a fair price, the director officer shall ensure the ability of the work center to recover the costs of labor, material, equipment, overhead and delivery.

7. Assignment of contracts. The director officer shall ensure that contracts awarded to work centers may not be assigned to any other vendor, except as may be necessary to complete the contracts, because of extraordinary events beyond the control of the work centers. Any additional costs incurred because of these assignments must be borne by the work center as a normal cost of doing business.

Sec. 111. 5 MRSA §1827, as enacted by PL 2005, c. 386, Pt. H, §10, is amended to read:

§ 1827. Powers; Bureau of Business Management

The Department of Administrative and Financial Services, through the Bureau of General Services Business Management, may establish the Central Services Division in the Bureau of General Services Business Management for the purpose of operating the postal service, central copy and duplicating service, central warehouse, surplus property service and central mail room. The Bureau of General Services Business Management may:

1. Postal service. Purchase or contract for all postal service required for the use of State Government or any department or agency thereof;

2. Central copy and duplicating. Establish and conduct a central printing service, copy service and audio-visual service at the seat of government. Such services must be available to all departments and agencies of State Government. The Director of the Bureau of General Services Chief Procurement Officer may make charges to those departments and agencies of State Government making use of the facilities and supplies of the central printing service;

3. Central warehouse. Establish and operate, with the approval of the Commissioner of Administrative and Financial Services, a warehouse that, in the judgment of the Director of the Bureau of General Services Chief Procurement Officer, is determined necessary for the storage and distribution of supplies, materials and equipment by resale, rental or other method, required for use by State Government or any department or agency, or any political subdivision or school administrative unit. In accordance with section 1587, the Director of the Bureau of General Services Chief Procurement Officer may purchase, lease, lease-purchase or enter into other financing agreements for the acquisition of equipment in accordance with this subsection when it can be demonstrated that any such action or agreement provides a clear cost advantage to the State;

4. Central mail room. Establish and conduct a central mail room for the state departments and agencies at the seat of government;

5. Surplus property. Transfer to or between state departments and agencies or educational institutions or sell supplies, materials and equipment that are surplus, obsolete or unused;

6. Internal service fund accounts. Maintain or establish, through the Office of the State Controller, an internal service fund account for each of the central services described in subsections 1 to 5. The funds deposited in the account must include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the central services and earnings by the fund from the Treasurer of State's pool.

Each of the central services described in subsections 1 to 5 may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services Chief Procurement Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using their the services.

Sec. 112. 5 MRSA §1828, sub-§2, as amended by PL 2017, c. 310, §2, is further amended to read:

2. Surplus property. Pursuant to this chapter and rules adopted under section 1813, the Department of Administrative and Financial Services through the Bureau of General Services Business Management shall allow private sales of surplus property to:

B. Homeless shelter sponsors;

C. Educational institutions; and

E. Nonprofit organizations that have been determined to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c).

Sec. 113. 5 MRSA §1828, sub-§3, as enacted by PL 2005, c. 386, Pt. H, §10, is amended to read:

3. Computers to fire departments. Notwithstanding any requirement of this chapter or rules adopted pursuant to this chapter, a fire department may purchase one personal computer from the Department of Administrative and Financial Services, Bureau of General Services Business Management to be used for reporting to the State Fire Marshal as required under Title 25, section 2395. The Bureau of General Services Business Management may charge a fire department only reasonable administrative and handling costs of no more than $35 for the purchase of a personal computer under this subsection.

Sec. 114. 5 MRSA §1829, first ¶, as enacted by PL 2005, c. 386, Pt. H, §10, is amended to read:

The Department of Administrative and Financial Services is designated as the state agency to receive and distribute federal surplus property that may become available for distribution to eligible recipients within this State. The department, through the Bureau of General Services Business Management, may acquire, warehouse, allocate and distribute surplus government property to all recipients within the State who have been or who may later be designated as eligible to receive such surplus property by the Congress of the United States or any other federal official empowered to make such determination. The Commissioner of Administrative and Financial Services may enter into cooperative agreements with any duly authorized federal official to carry out the purposes of this section.

Sec. 115. 5 MRSA §1830, as enacted by PL 2005, c. 386, Pt. H, §10, is amended to read:

§ 1830. Central Fleet Management Division

1. Division established. The Central Fleet Management Division is established in the Department of Administrative and Financial Services, Bureau of General Services Business Management for the purpose of acquiring, maintaining and managing vehicles for use by State Government and its employees on official state business, except the Department of Public Safety. The Central Fleet Management Division shall rent or lease vehicles to agencies, except the Department of Public Safety, in accordance with an established rate structure. Revenues derived from operations must be used to acquire, replace and maintain vehicles; adequately staff the Central Fleet Management Division; pay for required space; and otherwise provide for the overall operation of the Central Fleet Management Division. Department vehicles that exceed the car, light duty truck and special use vehicle specifications are exempt from this section, but must be reported in accordance with this section. For the purposes of this section, the terms "car," "light duty truck" and "special use vehicle" refer to vehicles with gross vehicle weight rating less than 10,000 pounds.

2. Agency program requirements. The Bureau of General Services Business Management shall work closely with all departments and agencies to identify annual transportation and vehicle usage requirements to ensure that agency program requirements are met to the maximum extent possible. The bureau shall:

A. Maintain the Central Fleet Management Division to service the transportation requirements of all state agencies not exempted under subsection 3, paragraph C and their employees and control assignments of vehicles to ensure they are used to the best economic advantage of the State;

B. Maintain records of transportation and vehicle requirements and all motor vehicles owned, leased and available for use for those agencies not exempted under subsection 3, paragraph C and make this information available to state agencies;

C. Require all state agencies not exempted under subsection 3, paragraph C and their employees to use the Central Fleet Management Division when transportation is required. Employees requesting to use personal vehicles on state business are required to seek an exemption from the Central Fleet Management Division;

D. Acquire or replace Central Fleet Management Division vehicles in accordance with an established vehicle replacement policy;

E. Transfer motor vehicles from other agencies, purchase, lease, lease-purchase or enter into other financing agreements, in accordance with section 1587, for the acquisition or replacement of motor vehicles in accordance with subsection 3 when it can be demonstrated that any such action or agreement provides a clear cost or program advantage to the State;

F. Establish facilities to store and maintain motor vehicles; and

G. Devise a mechanism for the distribution of fuel by competitive bidding by commercial vendor, by the use of existing state-owned fueling facilities and the establishment of a statewide credit card system.

3. Standards; specifications. The Bureau of General Services Business Management shall establish the following:

A. Standards for vehicle operation;

B. Specifications for vehicles to be acquired by the State; and

C. Standards for the exemption or waiver of state agencies from the requirements of this section. The Director of the Bureau of General Services Chief Procurement Officer may provide a waiver to an agency or an employee requiring the services of the Central Fleet Management Division or the standards and criteria established under this section if the director Chief Procurement Officer concludes that such a waiver is in the best economic interest of the State or critical agency mission.

Standards developed for use of Central Fleet Management Division services by all state agencies not exempted under paragraph C and employees of any such agency must be available for inspection at the Central Fleet Management Division's central office. The Director of the Bureau of General Services Chief Procurement Officer may provide a temporary waiver of the standards and criteria established under this section if the director Chief Procurement Officer concludes that the unique conditions of program or employee function require such a waiver.

4. Central Fleet Management Internal Service Fund Account. The Bureau of General Services Business Management shall establish, through the Office of the State Controller, the Central Fleet Management Internal Service Fund Account. The funds deposited in the account must include, but are not limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services, funds received from state departments and agencies using the services provided by the bureau Bureau of Business Management, earnings by the fund from the Treasurer of State's pool and proceeds from the sale of vehicles under the administrative control of the Central Fleet Management division Division by the state surplus property program in the Bureau of General Services Business Management in accordance with current provisions of law and subsection 3.

5. Levy charges. The Central Fleet Management Division may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services Chief Procurement Officer and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using the services of the Central Fleet Management Division.

6. Service charges. Service charges for the rental and lease of motor vehicles must be calculated to provide for vehicle replacement costs, operating costs, necessary capital investment, personal services and sufficient working capital for the Central Fleet Management Division.

7. Assignment of appropriate credits. The Central Fleet Management Division may develop a method of assigning appropriate credits to be used to reduce the charges for those state agencies from which vehicles are transferred to the Central Fleet Management Division. These credits must be calculated both to reasonably compensate the agencies and to ensure adequate revenues to support the Central Fleet Management Division.

8. Staff. The Director of the Bureau of General Services Chief Procurement Officer shall appoint, as approved by the Legislature and subject to the Civil Service Law, staff necessary to carry out the purposes of this section.

9. Budget adequate funds. Each department or agency using the services of the Central Fleet Management Division must budget adequate funds to pay for the leasing services provided by the Central Fleet Management Division.

10. Transfer of funds. Notwithstanding section 1585, state agencies that are in the process of transferring vehicle operations to the Central Fleet Management Division may transfer Capital Expenditures funds to the All Other category for those agencies to allow agencies to pay vehicle expenses.

11. Report. The Director of the Bureau of General Services Chief Procurement Officer within the Department of Administrative and Financial Services shall report to the joint standing committee of the Legislature having jurisdiction over state and local government matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by February 15th of each year with respect to the status of current vehicle operations, projected requirements, anticipated costs and savings realized to date for each fiscal year in the operation of the Central Fleet Management Division.

Sec. 116. 5 MRSA §1831, sub-§1, as amended by PL 1989, c. 785, §3, is further amended to read:

1. Adoption of rules. Every department or agency of State Government, subject to chapters 141 to 152, purchasing services or awarding grants or contracts which that are not subject to the authority of the Department of Administration 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 , chapter 375 no later than January 1, 1991 and must be approved by the State Purchasing Agent Chief Procurement Officer prior to their its 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 I-A 1-A. Any department or agency of State Government that does not adopt rules under this section by January 1, 1991 , is subject to rules adopted by the State Purchasing Agent Chief Procurement Officer under chapter 155, subchapter I-A 1-A.

Sec. 117. 5 MRSA §1831, sub-§3, as amended by PL 1985, c. 785, Pt. A, §76, is further amended to read:

3. Application. The procedure adopted by a department or agency in this section may be used by the department or agency for any qualifying purchase or award of a contract or grant. Nothing in this section may be construed to require the adoption of new procedures for every new purchase, contract or award. Nothing in this section may be construed to require the State Purchasing Agent Chief Procurement Officer or the Department of Administration 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 Administration Administrative and Financial Services under chapters 153 and 155.

Sec. 118. 7 MRSA §214, sub-§3, as amended by PL 2011, c. 655, Pt. EE, §12 and affected by §30, is further amended to read:

3. Advisory committee. The commissioner shall establish an advisory committee to discuss possibilities and review proposals for expanding purchases of local foodstuffs. The commissioner shall invite one or more representatives from each of the following agencies to serve on the advisory committee: the Department of Education; the Department of Marine Resources; the Department of Corrections; the Department of Administrative and Financial Services, Bureau of Purchases Business Management; the Department of Health and Human Services; the University of Maine System; and the Maine Community College System.

Sec. 119. 7 MRSA §215, sub-§2, as amended by PL 1989, c. 700, Pt. A, §31, is further amended to read:

2. Coordination of development of quality standards. The Department of Administrative and Financial Services, Bureau of Purchases will Business Management shall coordinate the development of quality standards with state institutions and the Department of Education. The coordinator will shall collaborate with the State Purchasing Agent Chief Procurement Officer in assisting state and school purchasers in formulating consistent, although not necessarily uniform, quality standards. In the event there are differences of opinion about the quality of foodstuffs supplied institutions or schools, final authority for resolution rests with the State Purchasing Agent Chief Procurement Officer.

Sec. 120. 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 Department of Administrative and Financial Services, Bureau of Purchases Business Management 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. 121. 12 MRSA §908, sub-§2, as amended by PL 2007, c. 466, Pt. A, §32, is further amended to read:

2. Certain approval unnecessary; purchases. Notwithstanding any other provision of law, purchases of materials or services by the Baxter State Park Authority do not need the approval of the Department of Administrative and Financial Services through the Bureau of General Services Business Management.

Sec. 122. 12 MRSA §908, sub-§3, as corrected by RR 1993, c. 1, §34, is amended to read:

3. Certain approval unnecessary; construction or improvement. Notwithstanding any other provision of law, the construction or reconstruction of roads and buildings or any other improvements by the Baxter State Park Authority does not need the approval of the Department of Administrative and Financial Services through the Bureau of General Services Real Estate Management.

Sec. 123. 12 MRSA §8003, sub-§3, ¶M-1, as amended by PL 2011, c. 657, Pt. X, §6 and PL 2013, c. 405, Pt. A, §23, is further amended to read:

M-1. The proceeds under paragraph M may be used only to upgrade existing structures owned by the forest protection unit within the bureau, to consolidate operations of the unit through the improvement, repair, replacement, purchase or construction of structures and to purchase land upon which to build structures. Ownership of any land purchased under this paragraph or structures purchased or constructed under this paragraph must be held in the name of the unit. Ownership of land or property purchased under this paragraph may also be held in the name of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management when the unit participates in the consolidation of facilities with other state agencies. Any purchase of land or a structure pursuant to this paragraph must be approved by the Director of the Bureau of General Services Chief Facilities Officer.

Sec. 124. 20-A MRSA §12706, sub-§4-A, as amended by PL 2013, c. 368, Pt. R, §4, is further amended to read:

4-A. Public improvements budgetary submission. To prepare and adopt a biennial capital improvements budget for presentation to the Governor and the Legislature, incorporating all projected expenditures and all resources expected or proposed to be made available to fund public improvements, as defined by Title 5, section 1741, for the system. In accordance with Title 5, section 1742-C, subsection 3, the system's public improvements budget must be developed with the advice and assistance of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management and must represent the capital improvement priorities within the system;

Sec. 125. 20-A MRSA §15903, sub-§3, ¶A, as amended by PL 2011, c. 691, Pt. B, §21, is further amended to read:

A. The Bureau of General Services Real Estate Management, Department of Administrative and Financial Services;

Sec. 126. 20-A MRSA §15908, sub-§§1 and 3, as amended by PL 2011, c. 691, Pt. B, §22, are further amended to read:

1. Technical assistance. In order to provide the technical assistance required by the state board in assessing proposed school construction projects, the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management may contract for the services of a professional engineer whenever the bureau is not employing qualified personnel on a full-time basis.

3. Life-cycle costs. The department and the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management may not approve the plans and specifications of a project that does not meet the requirements of Title 5, chapter 153, subchapter 1-A.

Sec. 127. 20-A MRSA §15910, sub-§4, as amended by PL 2011, c. 691, Pt. B, §23, is further amended to read:

4. Time of signing. A school administrative unit may not sign a contract for construction or begin construction until the final plans and specifications have been approved by the commissioner, the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, the Department of Health and Human Services and the State Fire Marshal.

Sec. 128. 20-A MRSA §15915, sub-§1-A, as enacted by PL 2011, c. 279, §2, is amended to read:

1-A. Performance criteria. An agreement under this section between a school administrative unit and an energy services company must include performance criteria that guarantee:

A. Energy savings;

B. A maximum price, including operation, maintenance and financing costs;

C. That the project will meet local, state and federal codes;

D. That measurement and verification of energy savings are determined using the international performance measurement and verification protocol published by the United States Department of Energy, Office of Scientific and Technical Information; and

E. An annual reconciliation of energy savings based on the measurement and verification process under this section.

Prior to entering into an agreement, a school administrative unit may request that the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management review the performance criteria in the agreement for conformance with this subsection. The Bureau of General Services Real Estate Management shall review and advise school administrative units to the extent resources allow.

Sec. 129. 22 MRSA §8307, sub-§2, as amended by PL 2011, c. 691, Pt. B, §24, is further amended to read:

2. Feasibility study of other child care facilities and programs. Prior to the creation of new or additional state financed or operated child care facilities provided primarily for the benefit of state employees, except the initial facility to be located in the Augusta area, the Office of Child Care Coordination, in cooperation with the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, shall conduct a feasibility study of the proposed child care facility, which must be located in a state-owned facility or in a facility located conveniently near the workplaces of state employees. This feasibility study, at a minimum, must include:

A. The location of the site and the reasons justifying the location, including reasons justifying or not justifying using state-owned facilities;

B. An analysis of the benefits and liabilities of contracting with the private sector to provide child care programs under this section;

C. An analysis of the benefits and liabilities of State Government operation of child care programs and facilities for children of state employees;

D. The number and ages of children proposed for the site;

E. The type of assistance to be made available to children of state employees classified as low-income households;

F. The types of activities and programs to be provided, including preschool and after-school programs;

G. A time schedule for the commencement of programs at each facility;

H. Sources of income, including fees, if any, for funding each facility; and

I. Any other information determined important by the Office of Child Care Coordination and the Bureau of General Services Real Estate Management.

The report required by this subsection must be provided to the joint standing committee of the Legislature having jurisdiction over human resources matters in a timely manner preceding the selection of the site.

Sec. 130. 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. 131. 23 MRSA §4210, sub-§3, as enacted by PL 2001, c. 83, Pt. C, §1, is amended to read:

3. Distribution from fund. Money distributed from the fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing buildings, including permanent storage facilities, garages and field office buildings, except for buildings and facilities under the supervision of the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management.

Sec. 132. 25 MRSA §2905, 2nd ¶, as amended by PL 1987, c. 416, §2 and PL 2005, c. 236, §4, is further amended to read:

The words "parking area" or "parking areas," when used in this chapter, or regulations in rules issued thereunder under this chapter, shall be held to mean all lands maintained by the State at the capitol area or other state controlled locations in Augusta which that may be designated as parking areas by the State Director of Public Improvements Chief Facilities Officer within the Department of Administrative and Financial Services or by the superintendent of the Riverview Psychiatric Center, with the approval of the Commissioner of Public Safety.

Sec. 133. 26 MRSA §565-A, sub-§1, as amended by PL 2011, c. 691, Pt. B, §25, is further amended to read:

1. Advise and propose standards. The board shall work with the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management with respect to evaluation of indoor air quality and ventilation in public school buildings and buildings occupied by state employees and the preparation of the report pursuant to Title 5, section 1742, subsection 24, paragraph A.

A. The board may advise the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management and propose for consideration by the bureau air quality and ventilation standards that are more stringent than the minimum standards as defined in Title 5, section 1742, subsection 24.

Sec. 134. 27 MRSA §452, sub-§3-A, as amended by PL 2011, c. 691, Pt. B, §26, is further amended to read:

3-A. Construction. "Construction" means the construction or renovation of a public building or public facility, the cost of which is at least $100,000, but does not include repairs or minor alterations. In its rulemaking and decisions regarding construction projects governed by this Act, the commission is guided by the determinations of the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services.

Sec. 135. 27 MRSA §455, as amended by PL 1993, c. 435, §9 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

§ 455. Determination of amount for acquisition of art

The commission, in consultation with the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, the Department of Education, the Office of Facilities within the University of Maine System or the Maine Community College System, whichever has budgetary authority over the project, shall determine the minimum amount to be made available for the purchase of art for each public building or facility.

Sec. 136. 27 MRSA §457, sub-§2, as amended by PL 1993, c. 435, §9 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

2. Procedures for participation of architect. Advise the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, the Department of Education, the Office of Facilities within the University of Maine System and the Maine Community College System concerning procedures for participation and compensation of the architect in connection with the acquisition of works of art under this chapter;

Sec. 137. 28-A MRSA §83-C, sub-§3, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:

3. Purchase. Oversee the wholesale purchase and storage of spirits for sale in the State. If the bureau awards a contract under section 90, spirits delivered to and stored at a warehouse approved by the bureau are the property of the 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. A person awarded a contract under section 90 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. 138. 30-A MRSA §4349-A, sub-§2, as amended by PL 2013, c. 368, Pt. V, §56, is further amended to read:

2. State facilities. The Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall develop site selection criteria for state office buildings, state courts, hospitals and other quasi-public facilities and other civic buildings that serve public clients and customers, whether owned or leased by the State, that give preference to the priority locations identified in this subsection while ensuring safe, healthy, appropriate work space for employees and clients and accounting for agency requirements. On-site parking may only be required if it is necessary to meet critical program needs and to ensure reasonable access for agency clients and persons with disabilities. Employee parking that is within reasonable walking distance may be located off site. If there is a change in employee parking from on-site parking to off-site parking, the Department of Administrative and Financial Services must consult with the duly authorized bargaining agent or agents of the employees. Preference must be given to priority locations in the following order: service center downtowns, service center growth areas and downtowns and growth areas in other than service center communities. If no suitable priority location exists or if the priority location would impose an undue financial hardship on the occupant or is not within a reasonable distance of the clients and customers served, the facility must be located in accordance with subsection 1. The following state facilities are exempt from this subsection: a lease of less than 500 square feet; and a lease with a tenure of less than one year, including renewals.

Sec. 139. 30-A MRSA §4349-A, sub-§4, as enacted by PL 1999, c. 776, §10, is amended to read:

4. Application. Subsections 1 and 2 apply to a state capital investment for which an application is accepted as complete by the state agency funding the project after January 1, 2001 or which that is initiated with the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management by a state agency after January 1, 2001.

Sec. 140. 30-A MRSA §6209, as enacted by PL 2005, c. 266, §2, is amended to read:

§ 6209. Request for proposals

No later than November 1st of each year, the department shall issue a request for proposals in accordance with the Bureau of General Services Business Management Rules, Chapter 110 that includes the schedules for submission and action on applications for grants under this chapter; procedures for scoring and ranking those applications; and procedures and information requirements related to application submissions. The department shall provide reasonable notice to all eligible applicants about the availability of the fund and the solicitation of grant proposals.

Sec. 141. 34-A MRSA §1403, sub-§5, as amended by PL 1995, c. 111, §1, is further amended to read:

5. Lease of unused buildings. The commissioner may, with the approval of the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services, lease unused buildings at the correctional and detention facilities for the purposes of providing services to clients.

A. The leases must be for a period not to exceed 2 years and may be extended, with the approval of the Director of the Bureau of General Services Chief Facilities Officer, for 3 more 2-year periods.

B. The commissioner shall submit a plan of the proposed leases and their impact on the correctional and detention facilities and clients to the joint standing committee of the Legislature having jurisdiction over corrections matters no later than January 31st of each year.

Sec. 142. 34-A MRSA §1403, sub-§5-A, as enacted by PL 1995, c. 502, Pt. F, §20 and amended by PL 2001, c. 439, Pt. G, §6, is further amended to read:

5-A. Lease of Long Creek Youth Development Center building. Notwithstanding subsection 5 and Title 5, chapter 154, the commissioner may, with the approval of the Director of the Bureau of General Services Chief Facilities Officer within the Department of Administrative and Financial Services, lease any building that the commissioner determines is no longer needed to be a part of the Long Creek Youth Development Center for the purpose of providing services to clients under such terms as the commissioner and director the Chief Facilities Officer determine appropriate.

Sec. 143. 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. 144. 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. 145. 34-B MRSA §1404, sub-§1, as enacted by PL 1983, c. 459, §7, 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 his the official's successor in office.

Sec. 146. 35-A MRSA §1908, as enacted by PL 2013, c. 369, Pt. B, §1, is amended to read:

§ 1908. Exemption from Chief Procurement Officer rules

Notwithstanding any other provision of law, 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. 147. 35-A MRSA §3210-C, sub-§3, as amended by PL 2017, c. 134, §2, is further amended to read:

3. Commission authority. The commission may direct investor-owned transmission and distribution utilities to enter into long-term contracts for:

A. Capacity resources;

B. Any available energy associated with capacity resources contracted under paragraph A:

(1) To the extent necessary to fulfill the policy of subsection 2, paragraph A; or

(2) If the commission determines appropriate for purposes of supplying or lowering the cost of standard-offer service or otherwise lowering the cost of electricity for the ratepayers in the State. Available energy contracted pursuant to this subparagraph may be sold into the wholesale electricity market in conjunction with solicitations for standard-offer supply bids;

C. Any available renewable energy credits associated with capacity resources contracted under paragraph A. The price paid by the investor-owned transmission and distribution utility for the renewable energy credits must be lower than the price received for those renewable energy credits at the time they are sold by the investor-owned transmission and distribution utility; and

D. Transmission capacity, capacity resources, energy or renewable energy credits pursuant to a regional procurement process in conjunction with other states.

The commission may permit, but may not require, investor-owned transmission and distribution utilities to enter into contracts for differences that are designed and intended to buffer ratepayers in the State from potential negative impacts from transmission development. To the greatest extent possible, the commission shall develop procedures for long-term contracts for investor-owned transmission and distribution utilities under this subsection having the same legal and financial effect as the procedures used for standard-offer service pursuant to section 3212 for investor-owned transmission and distribution utilities.

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.

Capacity resources contracted under this subsection may not exceed the amount necessary to ensure the reliability of the electric grid of this State, to meet the energy efficiency program budget allocations articulated in the triennial plan as approved by the commission pursuant to section 10104, subsection 4 or any annual update plan approved by the commission pursuant to section 10104, subsection 6 or to lower customer costs as determined by the commission pursuant to rules adopted under subsection 10.

Unless the commission determines the public interest requires otherwise, a capacity resource may not be contracted under this subsection unless the commission determines that the capacity resource is recognized as a capacity resource for purposes of any regional or federal capacity requirements.

The commission shall ensure that any long-term contract authorized under this subsection is consistent with the State's goals for greenhouse gas reduction under Title 38, section 576 and the regional greenhouse gas initiative as described in the state climate action plan required in Title 38, section 577.

By January 1st of each year, the commission shall submit a report to the joint standing committee of the Legislature having jurisdiction over energy and utilities matters on the procurement of transmission capacity, capacity resources, energy and renewable energy credits in the preceding 12 months under this subsection, the Community-based Renewable Energy Act and deep-water offshore wind energy pilot projects under Public Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369, Part H, sections 1 and 2 and chapter 378, sections 4 to 6. The report must contain information including, but not limited to, the number of requests for proposals by the commission for long-term contracts, the number of responses to requests for proposals pursuant to which a contract has been finalized, the number of executed term sheets or contracts resulting from the requests for proposals, the commission's initial estimates of ratepayer costs or savings associated with any approved term sheet, actual ratepayer costs or savings for the previous year associated with any procurement, the total ratepayer costs or savings at the time of the report and the megawatt-hours, renewable energy credits or capacity produced or procured through contracts. The report must also include a plan for the succeeding 12 months pertaining to the procurement of capacity resources, energy and renewable energy credits, including dates for requests for proposals, and types of resources to be procured.

Sec. 148. 35-A MRSA §3212, sub-§2, as amended by PL 1999, c. 577, §4 and c. 578, §1, is further amended to read:

2. Selection of standard-offer service providers. After terms and conditions for standard-offer service have been established under subsection 1, the commission shall administer a bid process to select a standard-offer service provider for that transmission and distribution utility's service territory. By December 1, 1999, the commission shall review the bid submissions for each transmission and distribution utility and select the standard-offer service provider or providers for that utility's service territory.

A. The commission shall determine the general credit data and specific information from general load and usage data that transmission and distribution utilities must provide to potential standard-offer service bidders, including, but not limited to, monthly demand and energy consumption and the number of customers in each customer class. The commission shall ensure that individual customer confidentiality is preserved in this process and that a transmission and distribution utility releases customer-specific data only with the customer's permission. If the transmission and distribution utility incurs additional costs to develop and produce the required data, the commission shall permit that utility to recover those costs through transmission and distribution rates.

B. The commission shall establish the maximum duration of a standard-offer service contract after considering all relevant factors, including, but not limited to, market risks and the need for price stability and contract flexibility.

C. A competitive electricity provider that is an affiliate of a large investor-owned transmission and distribution utility may submit bids to provide standard-offer service for up to 20% of the electric load within the service territory of the large investor-owned transmission and distribution utility with which it is affiliated. To prevent the unfair use of information possessed by a large investor-owned transmission and distribution utility, the commission shall ensure that a utility seeking to bid on standard-offer service has no greater access to relevant information than is provided to other potential bidders.

D. A consumer-owned transmission and distribution utility and a small investor-owned transmission and distribution utility may submit bids to provide standard-offer service for that utility's service territory. To prevent the unfair use of information possessed by a consumer-owned transmission and distribution utility or a small investor-owned transmission and distribution utility, the commission shall ensure that a utility seeking to bid on standard-offer service has no greater access to relevant information than is provided to other potential bidders.

The commission shall adopt rules establishing a methodology for structuring the bidding process for standard-offer service in order to implement the provisions of this subsection. In adopting rules, the commission shall consider methods to ensure, to the extent possible, at least 3 providers of standard-offer service in each transmission and distribution utility service territory, as long as the method does not result in any significant adverse impacts on rates paid by consumers. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.

Notwithstanding any other provision of this Title, the commission may, in the event of a default by a standard-offer service provider, require the transmission and distribution utility in whose service territory the provider was providing standard-offer service to arrange and to provide for default service. Notwithstanding any other provision of this Title, the commission may, in the event that the commission receives no bids to provide standard-offer service in a transmission and distribution utility's territory or the commission determines that the bids it receives are inadequate or unacceptable, require the transmission and distribution utility to arrange and to provide for default service. Notwithstanding any other provision of this Title, the commission may require a transmission and distribution utility to provide default service to its customers that are not located within either the New England independent system operator control area or the Maritimes control area ; and this default service pursuant to this sentence must be provided to customers at the same price and on the same terms and conditions as standard-offer service is provided to the customers of the transmission and distribution utility in the standard-offer class in which the customer is eligible to receive service. The arrangement and provision of such this default service by a transmission and distribution utility does do not constitute selling electric energy or capacity at retail for purposes of section 3205, subsection 2.

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. 149. 35-A MRSA §10104, sub-§9, as amended by PL 2017, c. 110, §34, is further amended to read:

9. Coordination with other entities. Consistent with the requirements of this chapter and other applicable laws, the board shall coordinate with the activities and programs of state agencies and authorities that relate to the purposes of this chapter in order to align such activities and programs with the plans and programs of the trust. For purposes of this subsection, activities and programs of state agencies and authorities that relate to the purposes of this chapter include but are not limited to energy efficiency programs relating to state facilities administered by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management, the adoption, amendment and maintenance of the Maine Uniform Building and Energy Code by the Technical Building Codes and Standards Board, established in Title 5, section 12004-G, subsection 5-A within the Department of Public Safety, energy efficiency or green energy workforce development activities of the Department of Labor or the State Workforce Board and energy efficiency and weatherization programs administered by the Maine State Housing Authority.

Sec. 150. 35-A MRSA §10105, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

4. 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. 151. 35-A MRSA §10110, sub-§3, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:

3. Implementation. The trust shall seek to implement the delivery of conservation programs in all regions of the State on an equitable basis and to citizens at all income levels. The trust may arrange the delivery of conservation programs by contracting with service providers. The trust shall select service providers in accordance with this subsection.

A. The trust shall select service providers through a competitive bidding process.

B. To the extent practicable, the trust shall encourage the development of resources, infrastructure and skills within the State by giving preference to in-state service providers.

C. Notwithstanding paragraph A:

(1) The trust may select a service provider for one or more conservation programs without employing a competitive bidding process if the trust finds that the selection of the service provider will promote the efficient and effective delivery of conservation programs and is consistent with the objectives and overall strategy of the conservation programs; and

(2) For the delivery of conservation programs to low-income residential consumers, the commission, without employing a competitive bidding process, may use the delivery system for the Weatherization Assistance for Low-income Persons Program administered through the United States Department of Energy and the network of for-profit and not-for-profit entities who have held contracts with transmission and distribution utilities to deliver conservation services to low-income and residential customers.

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.

A trade association aggregator is eligible to participate in competitive bid processes under this subsection.

Sec. 152. 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. 153. 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. 154. 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.

Sec. 155. 37-B MRSA §157, sub-§2, ¶E, as enacted by PL 2003, c. 646, §5, is amended to read:

E. In accordance with applicable law, proceeds from the sale of vehicles and equipment under the administrative control of the Maine Military Authority by the state surplus property program in the Department of Administrative and Financial Services, Bureau of General Services Business Management.

Sec. 156. 38 MRSA §1303-C, sub-§6, ¶D, as amended by PL 2011, c. 655, Pt. GG, §7 and affected by §70, is further amended to read:

D. Beginning January 1, 2007, a solid waste facility owned and controlled by the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management under chapter 24;

Sec. 157. 38 MRSA §2101-A, sub-§3, as enacted by PL 2011, c. 655, Pt. GG, §28 and affected by §70, is amended to read:

3. Bureau. "Bureau" means the Bureau of General Services Real Estate Management within the Department of Administrative and Financial Services as authorized pursuant to Title 5, section 1742.

Sec. 158. 39-A MRSA §105-A, sub-§6, ¶B, as enacted by PL 2011, c. 403, §3, is amended to read:

B. The board and the Department of Administrative and Financial Services, Bureau of General Services Real Estate Management shall cooperate and provide notice to each other regarding the letting of state-funded construction projects and any stop-work order, debarment or other action as either may take or issue.

Sec. 159. Department of Administrative and Financial Services; Chief Facilities Officer position established. The Department of Administrative and Financial Services, Bureau of Human Resources and Bureau of the Budget shall authorize and establish in the Department of Administrative and Financial Services, Public Improvements - Planning/Construction - Administration General Fund program account the permanent position of Chief Facilities Officer as a confidential position subject to the Civil Service Law funded from the elimination of the Director, Bureau of General Services position in the Public Improvements - Planning/Construction - Administration General Fund program account. The positions - legislative count for the Director, Bureau of General Services position must be used as authorization for the Chief Facilities Officer position.

Sec. 160. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Department of Administration" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Department of Administrative and Financial Services" or "department" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 161. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Director of Public Improvements" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Chief Facilities Officer" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 162. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Public Improvements" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Bureau of Real Estate Management" or "bureau" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 163. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Purchases" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Bureau of Business Management" or "bureau" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. 164. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "State Purchasing Agent" appear or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "Chief Procurement Officer" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

SUMMARY

This bill is introduced in accordance with Public Law 2017, chapter 284, Part QQQQQ, section 3. The bill removes the Director of the Bureau of General Services from the list of state officials whose salaries are subject to adjustment by the Governor. It removes the authority and responsibility for general services functions and activities in the Department of Administrative and Financial Services from the Bureau of General Services and the Director of the Bureau of General Services and transfers that authority and responsibility to a Bureau of Business Management headed by the Chief Procurement Officer and a Bureau of Real Estate Management headed by the Chief Facilities Officer, a position created by the bill.

The bill removes and corrects references to the Bureau of Purchases, the State Purchasing Agent, the Director of Public Improvements and the Department of Administration, all of which no longer exist as a result of the creation of the Department of Administrative and Financial Services. It includes revision clauses to authorize the Revisor of Statutes to implement any necessary changes in statutory references when updating, publishing or republishing the statutes.

The bill also updates an outdated reference to standards for the recycled content of paper and paper products and removes outdated references to the Office of Waste Reduction and Recycling, whose duties have been absorbed by the Department of Environmental Protection.

HP1287 LD 1850	Session - 128th Maine Legislature		LR 2768 Item 1
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