APPROVED CHAPTER
FEBRUARY 29, 2024 516
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1309 - L.D. 2047
An Act to Increase the Expenditure Limit for Informal Bidding Processes
and Update References to the Office of Procurement Services
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 5 MRSA §1825-B, sub-§2, ¶F, as amended by PL 1999, c. 105, §2, is
further amended to read:
F. The procurement of goods or services involves expenditures of $10,000 $25,000 or
less, in which case the Director of the Bureau of General Services may accept oral
proposals informal written quotes or bids; or
PART B
Sec. B-1. 1 MRSA §501-A, sub-§2, as enacted by PL 1997, c. 299, §1, is 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.
Sec. B-2. 1 MRSA §501-A, sub-§3, as amended by PL 2021, c. 549, §1, is further
amended to read:
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 4 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.
Sec. B-3. 1 MRSA §501-A, sub-§6, as enacted by PL 1997, c. 299, §1, is amended
to read:
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 6. Forwarding of requisitions. The State Purchasing Agent Chief Procurement
Officer, Central Printing central printing service 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. B-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 Bureau of Purchases Office of Procurement Services, 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' 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. B-5. 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. B-6. 5 MRSA §1762-A, sub-§1, as enacted by PL 1991, c. 246, §1, is amended
to read:
1. Bureau of Purchases Office of Procurement Services. The Bureau of Purchases
Office of Procurement Services under chapter 155;
Sec. B-7. 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
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 The State Purchasing Agent Chief Procurement Officer shall report on or before
January 1st of the First Regular Session 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 Bureau of Purchases Office of Procurement Services
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. B-8. 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 must be spent on paper and
paper products with recycled material content;
B. On or after October 1, 1991, not less than 30% shall must be spent on paper and
paper products with recycled material content; and
C. On or after October 1, 1993, not less than 50% shall must 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 State Purchasing Agent Chief Procurement Officer
shall determine whether a paper or a 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 material
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 material
content.
Sec. B-9. 5 MRSA §1812-D, as amended by PL 2017, c. 475, Pt. A, §4, is further
amended to read:
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§1812-D. Coordination of procurement information and policies
The Bureau of Purchases Office of Procurement Services shall coordinate with the
Department of Transportation, the Department of Agriculture, Conservation and Forestry
and the Department of Environmental Protection to develop a central database of
information including, but not limited to, procurement policies, market information,
technical data and demonstration project results. This data must be compiled annually and
provided to local public agencies by the Department of Environmental Protection.
Sec. B-10. 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. B-11. 5 MRSA §1815 is amended to read:
§1815. Requisitions required
Except as otherwise provided in chapters 141 to 155 154 and this chapter and the rules
and regulations adopted hereunder under those chapters and this chapter, 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 officer's authorized representative, shall examine each requisition submitted to him the
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. B-12. 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. B-13. 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. B-14. 5 MRSA §1818 is amended to read:
§1818. Deliveries
Supplies, materials and equipment, purchased or contracted for by the State Purchasing
Agent, shall Chief Procurement Officer must be delivered by him the officer or by the
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contractor to the department or agency by which or for whom the same are to be used from
time to time as required.
Sec. B-15. 5 MRSA §1819 is amended to read:
§1819. Unlawful purchases
Whenever any department or agency of the State Government, required by pursuant to
chapters 141 to 155 154 and this chapter and rules and regulations adopted pursuant thereto,
under those chapters and this chapter applying to the purchase of services, supplies,
materials or equipment through the State Purchasing Agent, shall contract Chief
Procurement Officer, contracts for the purchase of such services, supplies, materials or
equipment contrary to chapters 141 to 155 154 and this chapter or the rules and regulations
made hereunder adopted under those chapters and this chapter, such that 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 155 154 and this chapter or
rules and regulations made hereunder adopted under those chapters and this chapter, the
head of such that department or agency shall be is personally liable for the costs thereof,
and if such the 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. B-16. 5 MRSA §1824-B, sub-§1, ¶B, as enacted by PL 2021, c. 332, §4, is
amended to read:
B. The director of the division of procurement services Chief Procurement Officer of
the Office of Procurement Services within the Department of Administrative and
Financial Services or the director's officer's designee;
Sec. B-17. 5 MRSA §1824-B, sub-§2, as enacted by PL 2021, c. 332, §4, is
amended to read:
2. Chair. The director of the division of procurement services Chief Procurement
Officer of the Office of Procurement Services within the Department of Administrative and
Financial Services or the director's officer's designee shall serve as chair of the committee.
Sec. B-18. 5 MRSA §1825-A, sub-§2, as enacted by PL 1989, c. 785, §2, is
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.
Sec. B-19. 5 MRSA §1825-A, sub-§3, as enacted by PL 1989, c. 785, §2, is
amended to read:
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.
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 Sec. B-20. 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. B-21. 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. B-22. 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
tax