§ 5 §1826-C — Work center purchases

Maine § 5 §1826-C

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 4: FINANCE
• Ch. 155: PURCHASES

Text

1.
Committee established.
2.
Appointments; terms; compensation.
3.
Powers and duties.
4.
Work center purchases schedule.
The director shall develop and use a work center purchases schedule. The director shall:
5.
Competitive bidding.
The director shall develop procedures for competitive bidding by eligible work centers only for products and services identified on the work center purchase schedule. If no bid is received from a work center for any product or service on the schedule, the director shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director and the Department of Corrections do not come to agreement, the product or service must be put out to general bid by the director, in accordance with standard rules and procedures. If only one work center bid is received, the director shall review the bid and make a determination regarding the fairness of the price and terms of the proposed contract. If the director determines that the work center may not be awarded this bid, the director shall confer with the Department of Corrections to determine whether the Department of Corrections is able to provide the product or service at a fair price. If the director and the Department of Corrections do not come to agreement, the contract must be offered for standard competitive bid by the director in accordance with standard rules and procedures.
6.
Award of contracts; fair price.
The director has final determination in awarding contracts to work centers through the competitive bidding process. The director's judgment prevails in the determination that the price and contract terms are fair and reasonable both to the work center and to the State. In determining a fair price, the director shall ensure the ability of the work center to recover the costs of labor, material, equipment, overhead and delivery.
7.
Assignment of contracts.
The director shall ensure that contracts awarded to work centers may not be assigned to any other vendor, except as may be necessary to complete the contracts, because of extraordinary events beyond the control of the work centers. Any additional costs incurred because of these assignments must be borne by the work center as a normal cost of doing business.

Legislative History

PL 1985, c. 359, §3 (NEW). PL 1991, c. 515, §2 (AMD). PL 1993, c. 708, §J5 (AMD). PL 1995, c. 560, §§F5,K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1999, c. 543, §2 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 515, §§5-8 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 395, §3 (AMD).