LD 1769
pg. 4
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LR 2955
Item 1

 
subject to a contract is not in compliance with the code of
conduct.

 
2.__Specificity required.__Any complaint made to the State
Purchasing Agent must state with reasonable specificity each
reason a party subject to the complaint is allegedly not in
compliance with the code of conduct.

 
3.__Notification to party subject to complaint.__After
receiving a complaint alleging noncompliance with the code of
conduct, the State Purchasing Agent 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. A-5. 5 MRSA §1825-R is enacted 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 may take into account any factors,
information, sources of information and materials determined
reliable and relevant by the State Purchasing Agent, as
determined on a case-by-case basis.__The State Purchasing Agent
has specific authority and discretion to employ an independent
monitor to investigate a complaint.

 
2.__Determination by State Purchasing Agent.__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.

 
3.__Notice of determination.__After rendering a determination
under this section, the State Purchasing Agent promptly shall
inform the complainant and contractor in writing.

 
Sec. A-6. 5 MRSA §1825-S is enacted to read:

 
§1825-S.__Consequences of noncompliance with code of conduct

 
1.__Action by State Purchasing Agent.__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, 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


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