Vendor Debarment

Vendor Debarment and the Determination of Responsible Bidders

This page has been created to provide information on vendor debarment within the State of Maine, and how a responsible vendor is determined in the procurement process. 

Background

The terms “vendor debarment” the determination that a vendor is not a “responsible bidder” both generally refer to situations where the State of Maine decides to no longer do business with a specific vendor for a period of time.  Such a decision is made on rare occasions, and at the sole discretion of the State, when vendor performance or activities cause the two parties to part ways from their existing or potential business relationship.  Such a decision is normally made following a hearing, when required by statute, where the impacted vendor is able to provide its perspective on the situation at hand.

Statutory References

The following links provide references to where the terms “vendor debarment” or “responsible bidder” appear in State statute or Departmental rules (please click the link for the full statutory and rule language):

18-554, Chapter 101 (Department of Administrative and Financial Services Rule Chapter)
http://www.maine.gov/sos/cec/rules/18/554/554c101.doc

39 105-A.6.B. Construction contractors (Department of Administrative and Financial Services, Bureau of General Services)
http://www.mainelegislature.org/legis/statutes/39-A/title39-Asec105-A.html

38 MRSA 349-B Debarment from department contracts (Department of Environmental Protection)
http://www.mainelegislature.org/legis/statutes/38/title38sec349-B.html

26 MRSA 1402. Debarment from state contracts (Department of Labor)
http://www.mainelegislature.org/legis/statutes/26/title26sec1402.html

Vendor Debarment and Federal Contracting

The federal government maintains a website known as the “Excluded Parties List System” (www.EPLS.gov).  This website is a database of the vendors who have been debarred from performance on federal government contracts.  The link to this website has been provided as a reference tool both for State agencies and vendors seeking partnerships with other vendors.  Please note, appearance on this website does not necessarily mean that the listed vendor has been debarred in the State of Maine.

State of Maine contracts that use federal funds and are valued over $25,000 require the selected vendor to self-certify that it has not been debarred from doing business with the federal government.  A State of Maine contract can be identified as using federal funds if the account coding (found, for example, on the second page of the State’s BP54 contract form) shows the code “013” or “015” in the column labeled “fund” or “fnd”.  The vendor debarment self-certification form is found on the Division of Purchases’ website under the “Forms” page.  The formal title of the document is the “Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary covered Transactions”.