Subchapter 1-B: STATE PURCHASING CODE OF CONDUCT FOR SUPPLIERS OF APPAREL, FOOTWEAR OR TEXTILES
§1825-L. State purchasing code of conduct
1.Statement of belief; protection of local interests.
The affidavit provided by the State Purchasing Agent to bidders for contracts to
provide goods covered by this subchapter must include a copy of the following statement:
"Maine is a state that believes employers should fairly compensate hard work, that
the health and safety of working people should be protected and that no form of unlawful
discrimination or abuse should be tolerated. Maine citizens are aware that laws and
regulations designed to safeguard basic tenets of ethical business practice are disregarded
in many workplaces, commonly referred to as "sweatshops." State Government purchase
of goods made under abusive conditions on behalf of its citizens offends Maine citizens'
sense of justice and decency. Moreover, when the State of Maine contracts with vendors
whose suppliers profit by providing substandard wages and working conditions, Maine's
businesses are put at a competitive disadvantage. Therefore, the State of Maine believes
in doing business with vendors who make a good faith effort to ensure that they and
their suppliers at the point of assembly adhere to the principles of the State of
Maine's purchasing code of conduct.
"In its role as a market participant that procures goods covered by this code, the
State of Maine seeks to protect the interests of Maine citizens and businesses by
exercising its state sovereignty to spend Maine citizens' tax dollars in a manner
consistent with their expressed wishes that the State deal with responsible bidders
who seek contracts to supply goods to the State of Maine, and protect legally compliant
Maine businesses and workers from unfair competition created by downward pressure
on prices and conditions attributable to businesses that violate applicable workplace
"Seeking to protect these local interests through the least discriminatory means available,
the State of Maine requires that all bidders seeking contracts to supply the State
of Maine with goods covered by this code sign an affidavit stating that they and,
to the best of their knowledge, their suppliers at the point of assembly comply with
workplace laws of the vendor's or supplier's site of assembly and with treaty obligations
that are shared by the United States and the country in which the goods are assembled."
2001, c. 439, Pt. NNNN, §1 (NEW)
2.Employment and business conduct; requirements.
With respect to goods covered by this subchapter, a company contracting with the
State to supply those goods shall adopt and adhere to employment and business practices
in accordance with this subsection. A company shall:
A. Comply with all applicable wage, health, labor, environmental and safety laws, legal
guarantees of freedom of association, building and fire codes and laws relating to
discrimination in hiring, promotion or compensation on the basis of race, disability,
national origin, gender, sexual orientation or affiliation with any political, nongovernmental
or civic group except when federal law precludes the State from attaching the procurement
conditions provided in this subchapter. [2001, c. 439, Pt. NNNN, §1 (NEW).]
B. Comply with all human and labor rights treaty obligations that are shared by the United
States and the country in which the goods are assembled. These may include obligations
with regard to forced labor, indentured labor, slave labor, child labor, involuntary
prison labor, physical and sexual abuse and freedom of association. [2001, c. 439, Pt. NNNN, §1 (NEW).]
2001, c. 439, Pt. NNNN, §1 (NEW)
3.Consequences of noncompliance with purchasing code of conduct.
2005, c. 554, Pt. A, §2 (RP)
2001, c. 439, §NNNN1 (NEW).
2005, c. 554, §A2 (AMD).
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