An Act To Implement Recommendations of the Government Oversight Committee To Clarify That Competitive Bid Provisions Apply to Grant Awards
Sec. 1. 5 MRSA §1825-A, sub-§§1, 6 and 8, as enacted by PL 1989, c. 785, §2, are amended to read:
Sec. 2. 5 MRSA §1825-B, as amended by PL 2011, c. 555, §1, is further amended to read:
§ 1825-B. Bids, awards, contracts and grants
(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. 3. 5 MRSA §1825-C, as amended by PL 2007, c. 466, Pt. A, §12, is further amended to read:
§ 1825-C. Rulemaking
The State Purchasing Agent 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 contract 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. 4. 5 MRSA §1825-D, first ¶, as enacted by PL 1989, c. 785, §2, is amended to read:
The State Purchasing Agent 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. 5. 5 MRSA §1825-D, sub-§§1, 3 and 4, as enacted by PL 1989, c. 785, §2, are amended to read:
Sec. 6. 5 MRSA §1825-E, as amended by PL 1993, c. 192, §1, is further amended to read:
§ 1825-E. Appeal procedures
The Director of the Bureau of General Services 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 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 shall notify the petitioner in writing of the director'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 shall notify the petitioner in writing of the director'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 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 contract award. Contracts or grants found invalid by an appeal committee under this subchapter become immediately void and of no legal effect.
Sec. 7. 5 MRSA §1825-G, as enacted by PL 1989, c. 785, §2, is amended to read:
§ 1825-G. Failure to act
Failure or refusal of the State Purchasing Agent 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. 8. 5 MRSA §1825-I, as enacted by PL 1993, c. 71, §1, is amended to read:
§ 1825-I. Consultants
While under contract or working pursuant to a grant with the State, a consultant may use state facilities and state property only for the project or projects to which a contract or grant applies.
Sec. 9. 5 MRSA §1825-J, as enacted by PL 1999, c. 623, §1, is amended to read:
§ 1825-J. Reports
When a state agency enters into a contract or grant with a nongovernmental entity, and the contract or grant includes a report to the agency, the contract or grant must require that the report be in writing or in another reproducible nontransitory medium and be submitted to the agency. The report must express all of the substantive conclusions disclosed to the agency and either summarize the information and data or identify the source of the information and data on which those conclusions are based. Once the report is submitted, the agency shall retain at least one copy of the report in its custody. This section applies to contracts and grants with a total cost of $10,000 or more.
This bill implements a recommendation of the Government Oversight Committee stemming from the Office of Program Evaluation and Government Accountability report on Healthy Maine Partnerships' fiscal year 2013 contracts and funding. The bill adds the word "grant" where applicable to clarify that the statutory provisions requiring competitive bidding, and related provisions, apply to grant awards as well as contracts.