Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
554 - BUREAU OF GENERAL SERVICES
Chapter 130 - IMPLEMENTING THE STATE PURCHASING CODE OF CONDUCT REQUIRING THAT VENDORS FURNISHING APPAREL, FOOTWEAR, OR TEXTILES TO THE STATE PROVIDE HEALTHY, SAFE, AND FAIR WORKING CONDITIONS
Section 554-130-2 - FILING REQUIREMENT

Universal Citation: 18 ME Code Rules § 554-130-2

Current through 2024-38, September 18, 2024

A.Any bidder making a competitive bid to sell apparel, footwear, or textiles to the State of Maine must file with the State Purchasing Agent a signed affidavit stating that the bidder, if awarded a State contract, shall comply with the Code and that, to the best of the bidder's knowledge, each sub-vendor named in the bid that would perform work for the bidder if it were awarded a contract, is in compliance with the Code.

B.Prior to submitting a bid, the bidder must:

1.Furnish a copy of the Code to each sub-vendor that would perform work for the bidder if it were awarded the contract, and then,

2.Affirmatively require that each sub-vendor inform the bidder of whether the sub-vendor is in compliance with the Code.

C.The affidavit executed and filed with the State Purchasing Agent by the bidder must be signed by a person authorized to commit the bidder to the Code.

D.The affidavit must include the unaltered text of the Code, as well as the following provisions:

1.A requirement that the bidder must 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 5 M.R.S.A., C. 155, sub-c. 1-B; and

2.A requirement that the bidder must comply with all human and labor rights treaty obligations-including those obligations regarding forced labor, indentured labor, slave labor, child labor, involuntary prison labor, physical and sexual abuse, and freedom of association-that are shared by the United States and the country in which the goods subject to this Chapter are assembled.

E.The affidavit must be signed and dated under oath before an official authorized by applicable law to administer oaths.

F.All bidders subject to this Chapter must submit the affidavits described in this section prior to the close of the bidding deadline. Bids that do not include an affidavit must be rejected by the State Purchasing Agent, unless, after reasonable investigation, 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.

G.If, after complying with the filing requirements of this Section, a bidder is awarded a contract, the bidder must, during the term of the contract, promptly inform the State Purchasing Agent of any change of which the bidder is aware in the information furnished in the affidavit submitted at the time of the original bid and must submit a new, updated affidavit that conforms with provisions (A) through (E) of this section.

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