Maine
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
No
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
Yes
Citation:
ME ST T. 5 § 1825-B(7)
Citation Language:
7. Awards to best-value bidder. Except as otherwise provided by law, competitively awarded orders, grants or contracts made by the Director of the Bureau of General Services or by any department or agency of the State must be awarded to the best-value bidder, taking into consideration the qualities of the goods or services to be supplied, their conformity with the specifications, the purposes for which they are required, the date of delivery and the best interest of the State. If the bidder that was initially awarded the order, grant or contract does not perform, the Director of the Bureau of General Services may cancel the order, grant or contract and award a new order, grant or contract to the 2nd best-value bidder. The order, grant or contract may not be awarded to a bidder that the Director of the Bureau of General Services determined was not in compliance at the time the initial bid was submitted.
Westlaw Flags:
Yellow Flag
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
Maine Division of Procurement Services Website
Citation Language:
1. Only aggrieved persons may request a Stay of Award or an Appeal. An aggrieved person is any person who bids on a contract and who is adversely affected financially, professionally, or personally by that contract award decision. 2. A Stay must be requested in writing within ten calendar days of award notification and must state clearly the specific nature of the grievance, demonstrate irreparable injury to the petitioner, a reasonable likelihood of success on the merits of the appeal, and there being no substantial harm to adverse parties or to the general public. a. The Director's decision regarding the request for Stay will be communicated in writing within seven days of receipt of the request. b. Failure of the petitioner to obtain a Stay does not affect the petitioner's right to request a Hearing of Appeal. 3. An Appeal must be requested in writing within fifteen calendar days of award notification and must clearly demonstrate why the petitioners believes that at least one of three criteria has been met. The appeal criteria are: (1) a violation of law; (2) an irregularity creating a fundamental unfairness, and (3) an arbitrary or capricious award. a. The Director's decision regarding the request for a Hearing of Appeal will be communicated in writing within fifteen days of receipt of the request. b. A hearing will be granted unless: (1) the petitioner is not an aggrieved person; (2) a prior request by the same petitioner about the same contract award has been granted; (3) the request was made more than 15 days after the notification of contract award; and, (4) the request is capricious, frivolous, or without merit. 4. An Appeal Committee consisting of three members will be appointed to hear the appeal. The Commissioner of the Department of Administrative and Financial Services will appoint two members from departments not involved in the contract award. The third members of the Appeal Committee will be the Director of the Division of Procurement Services or a designee. 5. The hearing must be held within sixty days of receipt of the initial request and will provide the opportunity for both the petitioner and the awarding department to present testimony and documentary evidence related to the issues on appeal. The Appeal Committee will keep a written record of the hearing and will meet after the close of the hearing to make its determination. 6. The Appeal Committee's actions are limited to one of the following: a. Validate the contact award decision under appeal, or b. Invalidate the contract award decision under appeal. 7. The Appeal Committee will submit its written decision to the Director of the Bureau of General Services not later than fifteen days following the hearing after which the Director must notify the petitioner, the contracting State agency, and all intervenors within ten calendar days. 8. This notification is considered final agency action and, as such, may be eligible for judicial review.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
ME ADC 18-554 Ch. 101, Refs & Annos
Citation Language:
Responsible bidder. No department, agency, commission or institution of state government shall purchase or enter into any contract for the purchase of any products manufactured, sold or distributed by any corporation, partnership, person or other legal entity determined by the State Purchasing Agent not to be a responsible bidder. Corporations, partnerships, person or other legal entities shall not be considered responsible bidders upon a finding of historic and continuing violation of the labor laws of the State of Maine and/or of the United States.
Definition:
Yes
Public Link:
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
ME ADC 18-554 Ch. 101
Citation Language:
Responsible bidder. No department, agency, commission or institution of state government shall purchase or enter into any contract for the purchase of any products manufactured, sold or distributed by any corporation, partnership, person or other legal entity determined by the State Purchasing Agent not to be a responsible bidder. Corporations, partnerships, person or other legal entities shall not be considered responsible bidders upon a finding of historic and continuing violation of the labor laws of the State of Maine and/or of the United States.
Name:
Commodity Code
Commodity Code:
NIGP
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$10,000
Citation:
ME ST T. 5 § 1825-B (1-2)
Citation Language:
**1. Purchases by competitive bidding. ** The Director of the Bureau of General Services shall purchase collectively all goods and services for the State or any department or agency of the State in a manner that best secures the greatest possible economy consistent with the required grade or quality of the goods or services. Except as otherwise provided by law, the Director of the Bureau of General Services shall make purchases of goods or services needed by the State or any department or agency of the State through competitive bidding. **2. Waiver. ** The requirement of competitive bidding may be waived by the Director of the Bureau of General Services when: F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau of General Services may accept oral proposals or bids;
Small Purchases/Informal Purchasing:
$2,500; $10,000
Citation 2:
ME ST T. 5 § 1825-B.2
Citation Language 2:
2. Waiver. The requirement of competitive bidding may be waived by the Director of the Bureau of General Services when: A. The procurement of goods or services by the State for county commissioners pursuant to Title 30‑A, section 124, involves the expenditure of $2,500 or less, and the interests of the State would best be served; F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau of General Services may accept oral proposals or bids; or G. The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
No Official Guidance
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
eProcurement:
eProcurement
Platform:
Advantage by CGI
System Type:
ERP
Public Link:
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
No official guidance
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
ME ST T. 5 § 1812
Citation Language:
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 155,1 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, 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 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 shall purchase such recycled supplies and materials....
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Attorney General's Office
Reports To:
Attorney General
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Comments:
RFQs/IFBs have no minimum posting window
Formal Solicitation - Minimum Window for Proposals/Bids:
15 Days for RFPs
Citation:
ME ADC 18-554 Ch. 110
Public Link 1:
Citation Language:
iii. Request for proposals must be advertised for a minimum of three consecutive days in the Kennebec Journal of Augusta, allowing a minimum of fifteen (15) calendar days from the final day of advertising to the proposal opening date. This section does not limit advertising in any other publication, trade publication or other media.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
No Authorization
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Notes:
**Maine's manual is currently being edited- This is the most recent manual in .doc form***
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
https://www.maine.gov/dafs/bbm/procurementservices/reports/statewide-contracts
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
ME ST T. 5 § 1812
Citation Language:
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 155,1 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, 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 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 shall purchase such recycled supplies and materials. The Director of the Bureau of General Services 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 Trustees of the University of Maine System may authorize the Department of Administrative and Financial Services to act for them in any purchases. 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 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 to be in the best interests of the State.
