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

Link to law: http://legislature.maine.gov/legis/statutes/5/title5sec1825-S.html
Published: 2015

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§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 continued access to independent monitors, if available; [2007, c. 193, §3 (AMD).]










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 [2005, c. 554, Pt. A, §6 (NEW).]










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. [2005, c. 554, Pt. A, §6 (NEW).]







[
2007, c. 193, §3 (AMD)
.]








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 position with an offending supplier to
change the supplier's practices, the State Purchasing Agent may take appropriate remedial
action including, but not limited to, barring the subject contractor from bidding
on future state contracts or terminating the State's contract with the contractor.
Reference to the authority given in this subsection must be specifically referenced
in the State's contracts with those contractors that are subject to the code of conduct.


[
2005, c. 554, Pt. A, §6 (NEW)
.]





SECTION HISTORY

2005, c. 554, §A6 (NEW).
2007, c. 193, §3 (AMD).