Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 602 - PROCEDURES FOR CONTRACT AWARDS
Section 411-602-1 - POLICY

Current through 2024-38, September 18, 2024

It is the policy of the Retirement System to administer the MSRS service programs and operate the property(ies) where it conducts its operations in a cost-effective, consistent and efficient manner that will serve the best interests of its members, employers and retirees. When seeking the deliverables (services and/or equipment and/or furnishings and/or supplies) of a contractor for these purposes, the Retirement System will make any contract award to the entity determined to best meet the needs of the Retirement System, taking into account skills, knowledge, integrity and ability to do faithful, conscientious work and promptly fulfill the contract. Any contract award will be the most advantageous to the MSRS and, cost and all other factors having been considered, provide the MSRS with the best value.

1. APPLICABILITY.

This Chapter does not apply to:

A. Contracts with investment fiduciaries or advisors as provided in 5 MRSA §17108;

B. Contracts with persons or associations for investment counsel or advice and for other professional or other assistance as provided in 5 MRSA §17109;

C. Contracts for custodial care of securities as provided in 5 MRSA §17110;

D. Contracts for a total amount reasonably expected not to exceed $100,000 unless the MSRS, in its discretion, chooses to have this Chapter apply to such a contract; and

E. Contracts to meet bona fide emergencies necessitating expedited action.

2. DELEGATION. Pursuant to statute, for purposes of this Chapter, the Board of Trustees delegates to the Executive Director its authority to act as the final administrative decisionmaker of the MSRS Board of Trustees and authorizes the Executive Director to further designate another Retirement System staff member or members to act in her/his stead.

3. AWARD METHODS. Depending on the nature, context and extent of deliverables sought, the Executive Director may select any one of the following methods for determining to whom a contract award should be made:

A. A solicitation for deliverables to a single contractor where because of circumstances or characteristics or other reasons, the needed deliverables are best obtained from one particular source. Approval by the Board of Trustees of the use of this method will be obtained when the solicitation is for a contract reasonably expected to be greater than $100,000;

B. An RFP (Request for Proposal) for deliverables to two or more contractors who, because of characteristics or circumstances or other reasons have been identified by the System as having the particular capability of providing the desired deliverables; Approval by the Board of Trustees of the use of this method will be obtained when the RFP is for a contract reasonably expected to be greater than $100,000;

C. An RFP for deliverables to which contractors in general are invited to respond.

Any procedures governing contract awards outlined in this Chapter may be modified based upon exigent circumstances to the extent deemed necessary and appropriate by the Executive Director.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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