An Act To Create the Procurement Review Board
Sec. 1. 5 MRSA §1811, first ¶, as amended by PL 1991, c. 780, Pt. Y, §61, is further amended to read:
The Subject to review by the Procurement Review Board under subchapter 3, the Department of Administrative and Financial Services, through the Bureau of General Services, has authority:
Sec. 2. 5 MRSA §1812, as amended by PL 1991, c. 780, Pt. Y, §67, is further amended by adding at the end a new paragraph to read:
Purchases pursuant to this section are subject to review by the Procurement Review Board under subchapter 3.
Sec. 3. 5 MRSA §1813, first ¶, as amended by PL 1991, c. 780, Pt. Y, §68, is further amended to read:
The Director of the Bureau of General Services, with the approval of the Commissioner of Administrative and Financial Services , and in accordance with the authority of the Procurement Review Board to review, comment upon and approve or disapprove all requests for proposals; bids; and contract renewals, amendments, extensions or other changes to existing contracts pursuant to subchapter 3, may adopt, modify or abrogate rules for the following purposes:
Sec. 4. 5 MRSA §1815 is amended to read:
§ 1815. Requisitions required
Except as otherwise provided in subchapter 3 and chapters 141 to 155 and the rules and regulations adopted hereunder under those provisions, 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. The State Purchasing Agent , or his authorized representative , shall examine each requisition submitted to him 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. 5. 5 MRSA §1816-A, first ¶ is enacted to read:
A contract governed by this section is subject to review by the Procurement Review Board under subchapter 3.
Sec. 6. 5 MRSA §1819 is amended to read:
§ 1819. Unlawful purchases
Whenever any department or agency of the State Government, required by subchapter 3 and chapters 141 to 155 and rules and regulations adopted pursuant thereto to those provisions, applying to the purchase of services, supplies, materials or equipment through the State Purchasing Agent, shall contract contracts for the purchase of such services, supplies, materials or equipment contrary to subchapter 3 or chapters 141 to 155 or the rules and regulations made hereunder under those provisions, such 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 subchapter 3 or chapters 141 to 155 or rules and regulations made hereunder under those provisions, the head of such department or agency shall be is personally liable for the costs thereof, and if such 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. 7. 5 MRSA §1825, as amended by PL 1991, c. 780, Pt. Y, §69, is further amended to read:
§ 1825. Prohibitions
All state agencies , except the Department of Transportation , are prohibited from purchasing what is normally classified as heavy equipment not previously authorized by the Legislature through the budget process , without prior written authorization from the Commissioner of Administrative and Financial Services ; authorized purchases are subject to review by the Procurement Review Board under subchapter 3. All purchase requisitions for heavy equipment must indicate the budget year and account that authorized each item of equipment and, if required, contain the written authorization authorizations of the Commissioner of Administrative and Financial Services and the Procurement Review Board.
Sec. 8. 5 MRSA §1825-B, sub-§1-A is enacted to read:
Sec. 9. 5 MRSA §1825-C, as amended by PL 2015, c. 179, §3, 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 award decisions made by a department or agency of State Government. Rules adopted pursuant to this section must be in accordance with the authority of the Procurement Review Board to review, comment upon and approve or disapprove all requests for proposals; bids; and contract renewals, amendments, extensions or other changes to existing contracts pursuant to subchapter 3. 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. 10. 5 MRSA §1825-E, first ¶, as amended by PL 2015, c. 179, §6, is further amended to read:
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 except that a decision of the Procurement Review Board under subchapter 3 may not be appealed pursuant to this section. 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.
Sec. 11. 5 MRSA §1825-M, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is amended to read:
§ 1825-M. Exception
The State Purchasing Agent may accept and award a bid , subject to review by the Procurement Review Board under subchapter 3, to a supplier who has not met the requirements provided in section 1825-K if, after reasonable investigation by the State Purchasing Agent, it appears that the required unit or item of supply or brand of that unit or item , is procurable by the State from only that supplier.
Sec. 12. 5 MRSA §1825-O, first ¶, as enacted by PL 2001, c. 439, Pt. NNNN, §1, is amended to read:
The State Purchasing Agent shall adopt rules under this subchapter governing the award of bids. Those rules must include specific guidelines for vendors to follow in order to comply with the state purchasing code of conduct and criteria for seeking disclosure of names and addresses of vendors' suppliers and suppliers' working conditions. Rules adopted pursuant to this section must be in accordance with the authority of the Procurement Review Board to review, comment upon and approve or disapprove all requests for proposals; bids; and contract renewals, amendments, extensions or other changes to existing contracts pursuant to subchapter 3.
Sec. 13. 5 MRSA §1826-C, sub-§8 is enacted to read:
Sec. 14. 5 MRSA c. 155, sub-c. 3 is enacted to read:
SUBCHAPTER 3
PROCUREMENT REVIEW BOARD
§ 1826-E. Procurement Review Board
(1) The Attorney General or the Attorney General's designee;
(2) The Treasurer of State or the Treasurer of State's designee; and
(3) Five members nominated by the Governor and confirmed by a majority vote of the joint standing committee of the Legislature having jurisdiction over state and local government matters and by a majority vote of the Senate. Each member must have demonstrated sufficient business or professional experience in the area of procurement to perform the functions of the board.
The Attorney General and the Treasurer of State or their designees serve as nonvoting members of the board. A member of the board may not be a member of the Legislature. In the event that the Governor has not nominated an individual to fill a vacancy on the board within 30 days of the vacancy, the President of the Senate shall nominate an individual to fill the vacancy.
Upon a majority vote of its voting members that the conditions under paragraphs A to D have not been satisfied, the board may reject a proposal; bid; or contract renewal, amendment, extension or change to an existing contract.
Sec. 15. 5 MRSA §12004-G, sub-§32-A is enacted to read:
| State Procurement | Procurement Review Board | Expenses Only | 5 MRSA §1826-E |
Sec. 16. Initial terms of Procurement Review Board. Notwithstanding the Maine Revised Statutes, Title 5, section 1826-E, subsection 1, paragraph C, of the initial confirmed members of the Procurement Review Board, the first member serves for a one-year term, the 2nd and 3rd members serve for 2-year terms and the 4th and 5th members serve for 3-year terms.
SUMMARY
This bill establishes the Procurement Review Board, which is required to review and approve or disapprove all requests for proposals, bids, contract renewals, amendments, extensions or other changes to an existing contract for the State's procurement of supplies, professional or artistic services, construction and real property and capital improvement leases valued at $1,000,000 or more. The board by majority vote may review procurements valued at less than $1,000,000.