purchasing

Maine Resident Bidder Preference

Revised September 10, 2020

Title 5: Administrative Procedures and Services
Part 4: Finance
Chapter 155: Purchases
Section 5.1825-B: Bids, awards, contracts and grants

1. Purchases by competitive bidding. The Director of the Bureau of General Services shall purchase collectively all goods and services for the State or any department or agency of the State in a manner that best secures the greatest possible economy consistent with the required grade or quality of the goods or services. Except as otherwise provided by law, the Director of the Bureau of General Services shall make purchases of goods or services needed by the State or any department or agency of the State through competitive bidding. [PL 1991, c. 780, Pt. Y, §70 (AMD).]

2.Waiver. The requirement of competitive bidding may be waived by the Director of the Bureau of General Services when: [PL 2011, c. 555, §1 (AMD).]

  • A. The procurement of goods or services by the State for county commissioners pursuant to Title 30-A, section 124, involves the expenditure of $2,500 or less, and the interests of the State would best be served;[PL 1999, c. 105, §1 (AMD).]
  • B.The Director of the Bureau of General Services is authorized by the Governor or the Governor's designee to make purchases without competitive bidding because in the opinion of the Governor or the Governor's designee an emergency exists that requires the immediate procurement of goods or services; [PL 1995, c. 119, §1 (AMD).]
  • C. After reasonable investigation by the Director of the Bureau of General Services, it appears that any required unit or item of supply, or brand of that unit or item, is procurable by the State from only one source; [PL 1991, c. 780, Pt. Y, §70 (AMD).]
  • D.It appears to be in the best interest of the State to negotiate for the procurement of petroleum products; [PL 1989, c. 785, §2 (NEW).]
  • E. The purchase is part of a cooperative project between the State and the University of Maine System, the Maine Community College System, the Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State involving:
    • (1) An activity assisting a state agency and enhancing the ability of the university system, community college system, Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State to fulfill its mission of teaching, research and public service; and
    • (2) A sharing of project responsibilities and, when appropriate, costs; [PL 2011, c. 555, §1 (AMD).]
  • F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau of General Services may accept oral proposals or bids; or [PL 1999, c. 105, §2 (AMD).]
  • G.The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need. [PL 1999, c. 105, §3 (AMD).]
    • 8. Tie bids. The Director of the Bureau of General Services shall award contracts, grants or purchases to in-state bidders or to bidders offering commodities produced or manufactured in the State if the price, quality, availability and other factors are equivalent. [PL 2015, c. 179, §2 (AMD).]
    • 9. Determination of best-value bidder. In determining the best-value bidder, the Director of the Bureau of General Services or any department or agency of the State shall, for the purpose of competitively awarding a contract or grant, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. [PL 2015, c. 179, §2 (AMD).]

Title 26: Labor and Industry
Chapter 15: Preference to Maine Works and Contractors
Section 26.1301: Local residents preferred; exception

The State, counties, cities and towns, and every charitable or educational institution which is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its buildings or public works, give preference to workmen and to bidders for such contracts who are residents of this State, provided the bids submitted by such resident bidders are equally favorable with bids submitted by contractors from without the State. This section shall not apply to construction or repairs amounting to less than $1,000 or to emergency work or to state road work. Any contract for public improvement that is awarded by the State or any department or agency of the State is subject to the competitive bidding process established under Title 5, chapter 155, subchapter I-A.