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subject to a contract is not in compliance with the code of | conduct. |
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| | 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. |
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| | 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. |
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| | Sec. A-5. 5 MRSA §1825-R is enacted to read: |
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| §1825-R.__Determinations of noncompliance with code of conduct |
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| | 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. |
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| | 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. |
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| | 3.__Notice of determination.__After rendering a determination | under this section, the State Purchasing Agent promptly shall | inform the complainant and contractor in writing. |
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| | Sec. A-6. 5 MRSA §1825-S is enacted to read: |
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| §1825-S.__Consequences of noncompliance with code of conduct |
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| | 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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