Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1449S.P. 590 In Senate, April 3, 2025 Resolve, Requiring the Commissioner of Administrative and Financial Services to Conduct a Study of the State's Grant, Contracting and Procurement Practices Reference to the Committee on State and Local Government suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator TIPPING of Penobscot. Page 1 - 132LR2101(01)1 That 2 the Commissioner of Administrative and Financial Services, referred to in this resolve as 3 "the commissioner," shall conduct a comprehensive study of the State's grant, contracting 4 and procurement practices. 5 That the study conducted under section 1 must include an 6 evaluation of: 7 1. Current state grant and contract reimbursement rates and identification of historical 8 cost-of-living or inflation adjustments; 9 2. Application procedures for contracts across state agencies; 10 3. Standard contract language that permits flexibility in terms and conditions, allows 11 for multiyear contract terms and clarifies when upfront payments are permitted; 12 4. Delays that have occurred in grant execution and payment; 13 5. The impact of state grant and contracting practices on wages for employees of 14 contracted nonprofit organizations; 15 6. Best practices from other states or regions and alignment of state practices with 16 applicable federal standards; 17 7. Whether state agency staffing levels are adequate to draft, answer questions about 18 and process contracts and, if the levels are not adequate, recommendations on adequate 19 staffing levels or alternative methods for management; 20 8. Complications arising from the tiered procurement process that may require 21 multiple agencies to review contracts; 22 9. The number of appeals and overturned decisions related to procurement processes; 23 10. Request-for-proposal processes and response scoring considerations; 24 11. Strategies for implementing new federal procurement and contracts guidance into 25 state policies and regulations; 26 12. Inefficiencies, potential risks or barriers to equitable access in the grant 27 procurement process; 28 13. The feasibility of using master contracts that may be amended as needed; and 29 14. The feasibility of allocating funds carried forward from the previous fiscal year to 30 service providers or nonprofit organizations to sustain the operation of existing programs 31 when state agency contracts with those providers or nonprofit organizations are delayed. 32 That the commissioner shall engage 33 with stakeholders, including representatives from nonprofit organizations, the Department 34 of Administrative and Financial Services, Office of State Procurement Services, private 35 sector experts and other relevant parties, to gather input and ensure the study conducted 36 under section 1 is comprehensive and inclusive. 37Report. Resolved: That, by January 1, 2026, the commissioner shall submit 38 a report with findings and recommendations pursuant to the study conducted under section 39 1 to the Joint Standing Committee on State and Local Government. The report must include 40 specific recommendations to ensure efficiency, transparency, equity and accountability in Page 2 - 132LR2101(01) 41 the distribution and management of public funds. The Joint Standing Committee on State 42 and Local Government is authorized to report out a bill based on the commissioner's 43 findings and recommendations to the Second Regular Session of the 132nd Legislature. 4 5 This resolve directs the Commissioner of Administrative and Financial Services to 6 conduct a comprehensive study of the State's grant, contracting and procurement practices. 7 The commissioner is required to submit a report with findings and recommendations, 8 including specific recommendations to ensure efficiency, transparency, equity and 9 accountability in the distribution and management of public funds, by January 1, 2026 to 10 the Joint Standing Committee on State and Local Government, which may report out a bill 11 based on the findings and recommendations to the Second Regular Session of the 132nd 12 Legislature. 1 2 3 5 6 7 8 9 10 11 12