CHAPTER 381
S.P. 597 - L.D. 1776
An Act to Establish Guidelines for Putting Certain Social Service Contracts out to Bid
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §20005, sub-§§6-A and 6-B are enacted to read:
6-A. Contract award and renewal. Award a new contract through a request-for-proposal procedure. Any contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal procedure at least every 8 years, except for the following.
A. A renewal contract with a provider is not subject to the request-for-proposal procedure requirement if the contract granted under this subsection is performance based.
B. Notwithstanding paragraph A, the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph C.
C. A contract under this subsection that is subject to renewal must be awarded through a request-for-proposal procedure if the department determines that:
(1) The provider has breached the existing contract;
(2) The provider has failed to correct deficiencies cited by the department;
(3) The provider is inefficient or ineffective in the delivery of services and is unable to improve its performance within a reasonable time; or
(4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department;
6-B. Consumer assistance and advice. Establish a procedure to obtain assistance and advice from consumers of substance abuse services regarding the selection of contractors when requests-for-proposals are issued.
Sec. 2. 34-B MRSA §3604, sub-§3, ķE, as amended by PL 1993, c. 624, §1, is further amended to read:
E. Any new contract must be awarded through a request-for-proposal procedure and any contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal procedure at least every 8 years, except for the following.
(1) Renewal contracts for A renewal contract with a provider are is not subject to the request-for-proposal procedure requirement if all contracts executed with that provider the contract granted under this subsection are performance-based contracts is performance based.
(2) Notwithstanding subparagraph (1), the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph G.
Effective September 19, 1997, unless otherwise indicated.
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