An Act To Require the Use of Preapproved Subcontractors for Publicly Funded Construction Projects
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §1743-D is enacted to read:
§ 1743-D. Preapproved subcontractors
1. Subcontractor chosen from preapproved list. A proposer, as defined in section 1743, that is awarded a capital improvement contract subject to competitive bidding in accordance with this subchapter with a value greater than $100,000 and that included in its bid the use of a subcontractor must be assigned a subcontractor from a list of approved subcontractors compiled by the Director of the Bureau of General Services as described in this section. If the work of the subcontractor included in the proposer's bid has a good-faith estimate value of $10,000 or less, the proposer may use a subcontractor of the proposer's choosing.
2. Compilation of preapproved subcontractor list. The Director of the Bureau of General Services shall submit a general request for proposals for the components of future capital improvement projects listed in subsection 3. The form for a general request for proposals may be determined by the director. The request for proposals must indicate that the bidder is seeking to be included among a list of preapproved subcontractors to be selected to complete a component of capital improvement projects, as listed in subsection 3, for which future contracts may be awarded. The subcontractor bids must be submitted in a manner that allows the director to estimate the cost to complete the subject component of a capital improvement project. A subcontractor that submits a bid to be included on the preapproved list may indicate any general contractors with whom it prefers to work and any general contractors with whom it chooses not to work.
3. Project components subject to selection from preapproved list. The Director of the Bureau of General Services shall compile a list of approved subcontractors for the following components of capital improvement projects:
A. Roofing and flashing;
B. Waterproofing, damp-proofing and caulking;
C. Lathing and plastering;
D. Marble;
E. Terrazzo;
F. Heating, ventilation and air conditioning;
G. Painting;
H. Masonry;
I. Glass and glazing;
J. Plumbing;
K. Electrical;
L. Elevators;
M. Metal windows;
N. Ornamental iron or metal work;
O. Acoustical tile; and
P. Resilient floors.
4. Rules. The Director of the Bureau of General Services shall adopt rules to administer this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
summary
This bill requires the use of preapproved subcontractors for certain components of work included in bids awarded to general contractors for public improvement construction projects subject to competitive bidding.