An Act To Reorganize the Bureau of General Services in the Department of Administrative and Financial Services
Sec. 1. 1 MRSA §501-A, sub-§§2, 3 and 6, as enacted by PL 1997, c. 299, §1, are amended to read:
Sec. 2. 2 MRSA §6, sub-§3, as amended by PL 2013, c. 405, Pt. A, §1, is further amended to read:
Sec. 3. 2 MRSA §9, sub-§4, as enacted by PL 2009, c. 655, Pt. C, §2, is amended to read:
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:
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:
Sec. 7. 3 MRSA §902-A, sub-§2, as amended by PL 2011, c. 691, Pt. B, §3, is further amended to read:
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:
Sec. 11. 5 MRSA §7-A, sub-§1, ¶D, as amended by PL 2011, c. 691, Pt. B, §5, is further amended to read:
Sec. 12. 5 MRSA §18-A, sub-§4, ¶C, as enacted by PL 2001, c. 203, §2, is amended to read:
(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:
Sec. 18. 5 MRSA §323, sub-§3, as enacted by PL 1993, c. 590, §1, is amended to read:
Sec. 19. 5 MRSA §947-B, sub-§1, ¶E, as enacted by PL 1991, c. 780, Pt. Y, §37, is amended to read:
Sec. 20. 5 MRSA §947-B, sub-§1, ¶E-1 is enacted to read:
Sec. 21. 5 MRSA §1507, sub-§3, as amended by PL 2011, c. 691, Pt. B, §7, is further amended to read:
Sec. 22. 5 MRSA §1516-B, sub-§3, as enacted by PL 2011, c. 689, §1, is amended to read:
Sec. 23. 5 MRSA §1520, sub-§1, ¶C, as amended by PL 2005, c. 12, Pt. SS, §4, is further amended to read:
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:
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:
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:
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.
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
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.
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
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:
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:
Sec. 36. 5 MRSA §1743, sub-§§3 to 7, as enacted by PL 2001, c. 271, §1, are amended to read:
(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.
(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.
(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.
(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.
(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.
(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.
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:
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:
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:
Sec. 47. 5 MRSA §1753, sub-§3, ¶B, as enacted by PL 1993, c. 606, §2, is amended to read:
Sec. 48. 5 MRSA §1753, sub-§5, as amended by PL 1997, c. 186, §1, is further amended to read:
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:
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:
Sec. 54. 5 MRSA §1764, sub-§2, ¶B, as amended by PL 1997, c. 541, §2, is further amended to read:
Sec. 55. 5 MRSA §1764, sub-§2, ¶C, as enacted by PL 1997, c. 541, §2, is amended to read:
Sec. 56. 5 MRSA §1764, sub-§3, as amended by PL 2007, c. 671, §§1 to 3, is further amended to read:
(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
Sec. 57. 5 MRSA §1764-A, sub-§2, as amended by PL 2011, c. 420, Pt. A, §3, is further amended to read:
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.
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. 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:
Sec. 63. 5 MRSA §1769, sub-§3, ¶B, as amended by PL 2011, c. 691, Pt. B, §19, is further amended to read:
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) 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.
(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.
§ 1785. Adoption of rules
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:
Sec. 69. 5 MRSA §1811, sub-§8, as amended by PL 2005, c. 12, Pt. T, §8, is further amended to read:
Sec. 70. 5 MRSA §1811, sub-§11, as enacted by PL 2005, c. 12, Pt. T, §10, is amended to read:
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
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:
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:
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:
Sec. 84. 5 MRSA §1825-B, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §70, is further amended to read:
Sec. 85. 5 MRSA §1825-B, sub-§2, as amended by PL 2011, c. 555, §1, is further amended to read:
(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;
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:
Sec. 87. 5 MRSA §1825-B, sub-§§6 to 9, as amended by PL 2015, c. 179, §2, are further amended to read:
Sec. 88. 5 MRSA §1825-B, sub-§10, as amended by PL 1997, c. 263, §2, is further amended to read:
Sec. 89. 5 MRSA §1825-B, sub-§11, as amended by PL 2015, c. 179, §2, is further amended to read:
Sec. 90. 5 MRSA §1825-B, sub-§12, as enacted by PL 2007, c. 193, §1, is amended to read:
Sec. 91. 5 MRSA §1825-B, sub-§13, as enacted by PL 2007, c. 193, §2, is amended to read:
Sec. 92. 5 MRSA §1825-B, sub-§14, as amended by PL 2015, c. 179, §2, is further amended to read:
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.
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.
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 the issuance of a stay within 7 days of receipt of the request.
Failure of the petitioner to obtain a stay does not affect the petitioner's right to a hearing of appeal under this subchapter.
(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
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.
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:
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:
(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
Sec. 101. 5 MRSA §1825-L, sub-§1, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is amended to read:
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
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
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
Sec. 109. 5 MRSA §1826-B, sub-§3, as enacted by PL 2007, c. 395, §2, is amended to read:
Sec. 110. 5 MRSA §1826-C, as amended by PL 2007, c. 395, §3, is further amended to read:
§ 1826-C. Work center purchases
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:
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:
Sec. 113. 5 MRSA §1828, sub-§3, as enacted by PL 2005, c. 386, Pt. H, §10, is amended to read:
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
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.
Sec. 116. 5 MRSA §1831, sub-§1, as amended by PL 1989, c. 785, §3, is further amended to read:
Sec. 117. 5 MRSA §1831, sub-§3, as amended by PL 1985, c. 785, Pt. A, §76, is further amended to read:
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:
Sec. 119. 7 MRSA §215, sub-§2, as amended by PL 1989, c. 700, Pt. A, §31, is further amended to read:
Sec. 120. 10 MRSA §1478, sub-§5, as enacted by PL 1985, c. 569, §2, is amended to read:
Sec. 121. 12 MRSA §908, sub-§2, as amended by PL 2007, c. 466, Pt. A, §32, is further amended to read:
Sec. 122. 12 MRSA §908, sub-§3, as corrected by RR 1993, c. 1, §34, is amended to read:
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:
Sec. 124. 20-A MRSA §12706, sub-§4-A, as amended by PL 2013, c. 368, Pt. R, §4, is further amended to read:
Sec. 125. 20-A MRSA §15903, sub-§3, ¶A, as amended by PL 2011, c. 691, Pt. B, §21, is further amended to read:
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:
Sec. 127. 20-A MRSA §15910, sub-§4, as amended by PL 2011, c. 691, Pt. B, §23, is further amended to read:
Sec. 128. 20-A MRSA §15915, sub-§1-A, as enacted by PL 2011, c. 279, §2, is amended to read:
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:
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:
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:
Sec. 134. 27 MRSA §452, sub-§3-A, as amended by PL 2011, c. 691, Pt. B, §26, is further amended to read:
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:
Sec. 137. 28-A MRSA §83-C, sub-§3, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:
Sec. 138. 30-A MRSA §4349-A, sub-§2, as amended by PL 2013, c. 368, Pt. V, §56, is further amended to read:
Sec. 139. 30-A MRSA §4349-A, sub-§4, as enacted by PL 1999, c. 776, §10, is amended to read:
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:
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:
Sec. 143. 34-A MRSA §1403, sub-§11, as enacted by PL 1999, c. 583, §4, is amended to read:
Sec. 144. 34-A MRSA §3004, sub-§1, as amended by PL 1991, c. 314, §28, is further amended to read:
Sec. 145. 34-B MRSA §1404, sub-§1, as enacted by PL 1983, c. 459, §7, is amended to read:
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:
(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;
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:
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:
Sec. 150. 35-A MRSA §10105, sub-§4, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:
Sec. 151. 35-A MRSA §10110, sub-§3, as enacted by PL 2009, c. 372, Pt. B, §3, is amended to read:
(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:
Sec. 153. 36 MRSA §4372-A, sub-§7, as amended by PL 1999, c. 616, §6, is further amended to read:
Sec. 154. 36 MRSA §4404-C, sub-§7, as enacted by PL 2005, c. 627, §11, is amended to read:
Sec. 155. 37-B MRSA §157, sub-§2, ¶E, as enacted by PL 2003, c. 646, §5, is amended to read:
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:
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:
Sec. 158. 39-A MRSA §105-A, sub-§6, ¶B, as enacted by PL 2011, c. 403, §3, is amended to read:
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.