MAINE

8) Can contractors be debarred?

A.) The information provided is vague when it comes to the issue of debarment because of a prevailing wage violation. However,

B.) If a contractor is disqualified for any of the reasons stated in subsection 1, 2, 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. (1747)

* The number 3 is not included in the above reasons for disqualification.

C.) The Director of General Services, after consultation with the appropriate department head or superintendent of schools, may refuse to release plans and specifications to a contractor for the purpose of bidding on a project: (1747)

1.) Untimely completion. If, in the opinion of the director, there is evidence the contractor has not completed in a timely manner a prior construction project or projects and the resulting non-completion clearly reflects disregard for the completion date and has created a hardship for the owner;(1747)
2.) Incomplete work. If, in the opinion of the director, there is evidence the contractor has a history of inability to complete similar work; (1747)
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. The director may require additional information about the contractor's resources, including identification of major claims or litigation pending and whether the contractor has sought protection under the bankruptcy laws in the past 5 years. That information is confidential and not subject to disclosure under Title 1, chapter 13, subchapter 1. In evaluating the resources of a contractor, the director may consider the contractor's prior experience, including any significant disparity between the size and type of prior projects and the project or projects under consideration; (1747)
4.) Misconduct. If the contractor has been convicted of collusion or fraud or any other civil or criminal violation relating to construction projects;(1747)
5.) Safety record. If, in the opinion of the director, there is evidence of a history of inadequate safety performance and lack of formal safety procedures;(1747)
6.) Material misrepresentation. If, in the opinion of the director, there is evidence of a material misrepresentation on the contractor's pre-bid qualification statement; or (1747)
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. (1747)

* This information is taken from Title 5, Section 1747.