The alternative delivery methods set out in paragraphs A to D must employ quality-based selection criteria generally using the Bureau of General Services' architect-engineer selection process, as modified in the discretion of the Director of General Services.__Design-builders must be selected based upon policies and procedures__developed by the Bureau of General Services.

Rules adopted under this subsection are routine technical rules pursuant to chapter 375, subchapter I-A.

Sec. 2. 5 MRSA §1747, sub-§3, as amended by PL 1997, c. 295, §1, is further amended to read:

3. Insufficient resources. If, in the opinion of the director, there is evidence the contractor does not have sufficient resources to successfully complete the work; or.__If the director requires additional information about the contractor's resources, the contractor may be required to submit additional information, including financial statements and annual reports, information about material changes in financial condition, major claims or litigation pending, whether the contractor has sought protection under the bankruptcy laws in the past 5 years and other information that the director may require to assess resources;

Sec. 3. 5 MRSA §1747, sub-§4, as enacted by PL 1989, c. 483, Pt. A, §20, is amended to read:

4. Misconduct. If the contractor has been convicted of collusion or fraud or any other civil or criminal violation relating to construction projects. ;

Sec. 4. 5 MRSA §1747, sub-§§5, 6 and 7 are enacted to read:

5.__Safety record.__If, in the opinion of the director, there is evidence of inadequate safety performance and lack of formal safety procedures;

6.__Material misrepresentation.__If, in the opinion of the director, there is evidence of a material misrepresentation on the contractor's prebid qualification statement; or

7.__Termination, suspension, defaults.__If, in the opinion of the director, there is evidence that the contractor through its own fault has been terminated, has been suspended for cause,

has been debarred from bidding, has agreed to refrain from bidding as part of a settlement or has defaulted on a contract or had a contract completed by another party.

Sec. 5. 5 MRSA §1747, last ¶, as enacted by PL 1997, c. 295, §1, is amended to read:

If a contractor is disqualified for any of the reasons stated in subsection 1, 2 or , 4, 5, 6 or 7, the director may disallow the contractor from bidding on any similar public improvements for a period not to exceed one year.

SUMMARY

This bill amends the existing low-bid system of construction procurement to allow alternative, quality-based selection. This bill also expands the requirements for the prebid qualification of contractors.