2.__Determination by State Purchasing Agent.__The determination of whether a party subject to a complaint is in compliance with the code of conduct is solely that of the State Purchasing Agent.

3.__Notice of determination.__After rendering a determination under this section, the State Purchasing Agent promptly shall inform the complainant and contractor in writing.

Sec. A-7. 5 MRSA §1825-S is enacted to read:

§1825-S.__Consequences of noncompliance with code of conduct

1.__Action by State Purchasing Agent.__Upon determination of a violation of the code of conduct by a contractor or contractor's supplier at the point of assembly of goods covered by this subchapter, the State, through the State Purchasing Agent, shall inform the contractor and engage in discussions with the contractor about the violation. The purpose of the discussions is to work in partnership with the contractor to influence the contractor to change its practices or to use its bargaining position with the offending supplier to change the supplier's practices, rather than to cease doing business with the contractor or supplier. The State Purchasing Agent shall prescribe appropriate measures to ensure compliance with the code of conduct. These measures may include, but are not limited to:

A.__Requesting that each party found not to be in compliance with the code of conduct provide access to independent monitors, if available;

B.__Requesting that each party found not to be in compliance with the code of conduct offer their workers and managers the training and guidelines necessary to bring the workplace into compliance with the code of conduct; and

C.__Requesting that each party found not to be in compliance with the code of conduct demonstrate to the State Purchasing Agent that prescribed changes or improvements have been completed and implemented.

2.__Termination of contract.__If, in the opinion of the State Purchasing Agent, a contractor that has been determined as not in compliance with the code of conduct does not make good faith efforts to change its practices or use its bargaining