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 554-130-3 - COMPLAINTS OF NON-COMPLIANCE WITH THE CODE

Universal Citation: 18 ME Code Rules § 554-130-3

Current through 2024-13, March 27, 2024

A.The State Purchasing Agent must initiate an investigation to determine whether there has been a violation of the Code if:

1.The State Purchasing Agent has independent knowledge that a vendor or a sub-vendor is not in compliance with the Code;

2.The vendor informs the State Purchasing Agent that the vendor or a sub-vendor is not in compliance with the Code;

3.A worker for a vendor or sub-vendor files a written complaint directly with the State Purchasing Agent that the vendor or sub-vendor, to the best of the worker's knowledge, is not in compliance with the Code;

4.A third-party established and based outside the United States, on behalf of or on the basis of information from a worker or workers, files directly with the State Purchasing Agent a signed and dated written complaint that a vendor or a sub-vendor, to the best of the third-party complainant's knowledge, is not in compliance with the Code. If possible, the third-party's written complaint will be signed and dated under oath before an official authorized to administer oaths;

5.A third-party established and based in the United States, on behalf of or on the basis of information from a worker or workers, files directly with the State Purchasing Agent a written complaint, signed and dated under oath before an official authorized by applicable law to administer oaths, that, to the best of the third-party complainant's knowledge, a vendor or a sub-vendor is not in compliance with the Code.

Any complaint made to the State Purchasing Agent must state with reasonable specificity each reason a party subject to the complaint is allegedly not in compliance with the Code.

B.After receiving a complaint, filed in accordance with subsection A, above, alleging non-compliance with the Code, the State Purchasing Agent must timely contact, in writing and by certified letter, the vendor that is that subject of the complaint to inform the vendor of, and request a response to, the allegations made within fifteen (15) calendar days of receipt of the certified letter.

C.The failure to respond to the State Purchasing Agent's request within fifteen (15) calendar days shall be deemed a strong indication that the vendor may not be in compliance with the Code, in which case the State Purchasing Agent shall require the subject vendor to supplement its response with a newly executed affidavit, per section 2, above. If a vendor fails to respond within thirty (30) calendar days of receipt of the State Purchasing Agent's certified letter requesting a response, the State Purchasing Agent may initiate further action, up to and including termination of the State's contract with the subject vendor.

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