RFA 202602025 Nonpoint Source Grant for Pollution Control Projects. Watershed-based Plan Development_Final.docx

STATE OF MAINE

Department of Environmental Protection Division of Environmental Assessment, Nonpoint Source Program

RFA# 202602025

Nonpoint Source Grant for Pollution Control Projects: Watershed-based Plan Development

RFA Coordinator

Submitted Questions Due Date

April 15, 2026, no later than 4:00 p.m., local time

TABLE OF CONTENTS

Page

A. PURPOSE AND BACKGROUND

B. GENERAL PROVISIONS

C. ELIGIBILITY TO SUBMIT APPLICATIONS

D. CONTRACT TERM

E. AWARDS

A. PURPOSE – WATERSHED-BASED PLAN DEVELOPMENT PROJECT

B. NPS PRIORITY WATERSHEDS LIST

C. DEVELOPMENT OF WATERSHED-BASED PLAN

D. LIMITATIONS

E. SUB-GRANTS AND PROCUREMENT OF SERVICES

F. ENVIRONMENTAL DATA QUALITY ASSURANCE

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. QUESTIONS

C. AMENDMENTS

D. APPLICATION SUBMISSION

A. EVALUATION PROCESS – GENERAL INFORMATION

B. SCORING WEIGHTS & CRITERIA

C. SCORING PROCESS

D. NEGOTIATIONS

E. SELECTION AND AWARD

F. APPEAL OF CONTRACT AWARDS

A. CONTRACT DOCUMENT

B. STANDARD STATE CONTRACT PROVISIONS

RFA TERMS/ACRONYMS with DEFINITIONS

The following terms and acronyms, as referenced in the RFA, have the meanings indicated below:

State of Maine Department of Environmental Protection Division of Environmental Assessment, Nonpoint Source Program

RFA# 202602025

Nonpoint Source Grant for Pollution Control Projects: Watershed-based Plan Development

PART I INTRODUCTION

A. Purpose and Background

The Department of Environmental Protection (Department or DEP) is seeking applications for projects to help communities develop Watershed-based Plans (WBPs) as defined in this Request for Applications (RFA) document. A watershed-based plan provides assessment and management information and describes actions needed to restore nonpoint source (NPS) impaired water bodies or to protect water bodies threatened by NPS pollution. This document provides instructions for submitting applications, the procedure and criteria by which the Applicant(s) will be selected and the contractual terms which will govern the relationship between the State of Maine (“State”) and the awarded Applicant(s).

Pursuant to Maine statutes (38 M.R.S., Chapter 3, Article 1-F), the Department is charged with coordinating Maine’s Nonpoint Source Pollution Program to prevent or reduce NPS water pollution so that lakes, streams, and coastal waters are protected and/or attain their clean water quality standards. Maine’s NPS Program is funded - in part - with grants from the United States Environmental Protection Agency (EPA) under Sections 319 and 604(b) of the Federal Clean Water Act (CWA). Applications selected through this RFA will be funded (subject to the availability of federal funds) under CWA Section 604(b). DEP also administers a separate RFA for CWA Section 319-funded implementation projects. A watershed-based plan accepted by the Department is a prerequisite to be eligible to apply for CWA Section 319 funds to help implement the plan.

The EPA awards funds to the Department pursuant to Section 604(b) to carry out water quality management planning under Sections 205(j) and 303(e) of the Federal Clean Water Act. Pursuant to the Act, grant funds may be used to determine the nature and extent of point and nonpoint source pollution and to develop management plans. EPA encourages states to give priority to watershed restoration planning into their water quality planning, as appropriate. Section 205(j)(3) requires States allocate at least 40 percent of 604(b) funds for pass-through grants to eligible organizations for water quality management planning. DEP administers the program and awards and monitors sub-grants for projects to determine the nature and extent of NPS and to develop management plans.

The Department will provide a draft of the award decision and selected applications to EPA for review and will then submit the proposed award decision to the State Division of Procurement Services for approval. For more information about the Department NPS Grants Program refer to Nonpoint Source Management Program – Annual Report at http://www.maine.gov/dep/water/grants/319-documents/reports/.

B. General Provisions

1. From the time this RFA is issued until award notification is made, all contact with the State regarding this RFA must be made through the RFA Coordinator identified on the cover page of this RFA. No other person/State employee is empowered to make binding statements regarding this RFA. Violation of this provision may lead to disqualification from the application process, at the State’s discretion.

2. Issuance of the RFA does not commit the Department to issue an award or to pay expenses incurred by an Applicant in the preparation of a response to the RFA. This includes attendance at personal interviews or other meetings, where applicable.

3. All applications must adhere to the instructions and format requirements outlined in the RFA and all written supplements and amendments (such as the Summary of Questions and Answers), issued by the Department. Applications must follow the format and respond to all questions and instructions specified in Part III of the RFA.

4. Applicants will take careful note that in evaluating an application submitted in response to this RFA, the Department will consider materials provided in the application, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Applicant (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating the Applicant’s experience and capabilities.

5. The application must be signed by a person authorized to legally bind the Applicant and must contain a statement that the application and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. The RFA and the awarded Applicant’s application, including all appendices or attachments, will be the basis for the final contract, as determined by the Department.

7. Following announcement of an award decision, all submissions in response to this RFA will be public records, available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. § 401 et seq.). State contracts and information related to contracts, including application submissions, are generally public records per FOAA.

8. In the event that an Applicant believes any information that it submits in response to this RFA is confidential, it must mark that information accordingly, and include citation to legal authority in support of the Applicant’s claim of confidentiality. In the event that the Department receives a FOAA request that includes submissions marked as confidential, the Department shall evaluate the information and any legal authority from the Applicant to determine whether the information is an exception to FOAA’s definition of public record. If the Department determines to release information that an Applicant has marked confidential, it shall provide advance notice to the Applicant to allow for them to seek legal relief.

9. The Department, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in applications received in response to the RFA.

10. If awarded a contract resulting from this RFA, vendors shall be required to disclose, in writing and in accordance with applicable Maine law, any actual or potential conflicts of interest. Such disclosure must include any financial, professional, or personal relationships that could give rise to a conflict of interest or the appearance of a conflict of interest. Failure to disclose a known conflict or appearance of conflict may result in disqualification, contract termination, or other remedies as provided by law.

11. All applicable laws, whether or not herein contained, shall be included by this reference. It shall be the Applicant’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

C. Eligibility to Submit Applications

Eligible recipients under this RFA are regional public comprehensive planning organizations or interstate organizations such as: regional planning agencies, councils of governments, conservation districts, counties, cities and towns, and other sub-state public planning agencies and interstate agencies. Such organizations must be chartered with suitable powers as a unit of local government, an independent sub-state agency, or an interstate organization under an interstate agreement of which Maine is a party.

D. Contract Term

The term of anticipated contract period resulting from this RFA is defined in the table below. The dates below are estimated and may be adjusted, as necessary, in order to comply with all procedural requirements associated with the RFA, the specific project awarded, and the contracting process. The actual contract start date will be established by a completed and approved contract.

E. Awards

Section 604(b) of the Federal Clean Water Act

The Department anticipates making multiple awards as a result of this RFA process and subject to federal appropriations. The Department may award all, part, none, or modify this allocation at its discretion. A grant awarded to an applicant is considered a sub-award of federal funds. Federal terms and conditions for sub-awards apply to these grants.

The Department reserves the right to make partial awards, eliminate the lowest scoring application(s) and/or make awards for amounts less than requested, whichever is in the best interest of the State.

PART II ACTIVITIES AND REQUIREMENTS

A. Purpose – Watershed-based Plan Development Project

The Department is inviting applications for assessment projects that may lead to the development of a WBP or projects to develop a WBP in order restore NPS-impaired water bodies or to protect water bodies threatened by NPS pollution. WBPs are a prerequisite for watershed implementation projects funded under Clean Water Act Section 319. In the Nonpoint Source Program and Grants Guidelines for States and Territories (May 2024), EPA noted “WBPs provide a watershed-specific roadmap to guide cost-effective, well-informed restoration and protection efforts.”

B. NPS Priority Watersheds Lists

Grants under this RFA will be only for watersheds named on DEP’s Nonpoint Source Priority Watersheds Lists:

· Impaired Lakes Priority List,

· Impaired Streams Priority List,

· Impaired Marine Waters Priority List,

· Threatened Lakes Priority List (subject to C.3. below),

· Threatened Streams Priority List, and

· Threatened Marine Waters Priority List.

The purpose of the Department’s NPS Priority Watershed Lists is to encourage NPS abatement work in watersheds most vulnerable to NPS pollution. The lists are used to help prioritize DEP NPS water pollution control efforts and attract local communities to take action to restore or protect waters impaired or threatened by NPS pollution.

NPS Priority Watersheds Lists and Information: http://www.maine.gov/dep/land/watershed/nps_priority_list/index.html

C. Development of Assessments or a Watershed-based Plan

1. The project must either produce specific assessment reports supporting the understanding of complex watershed interactions that will lead to a WBP or produce a WBP to restore NPS-impaired water bodies or to protect waters threatened by NPS pollution. WBPs must adequately address EPA’s nine (9) minimum elements for watershed-based plans.

a. For a description of the nine (9) minimum elements, refer to Appendix C of the EPA NPS program guidelines. https://www.epa.gov/system/files/documents/2024-06/2024_section_319_guidelines_final_1.pdf

b. For guidance on watershed-based planning, refer to EPA’s ‘Quick Guide’ for WBPs, at https://www.epa.gov/sites/production/files/2015-12/documents/watershed_mgmnt_quick_guide.pdf

c. For examples of WBPs that meet the nine (9) minimum elements, refer to the NPS Grants webpage http://www.maine.gov/dep/water/grants/319.html

2. In addition to other watershed-specific issues, a WBP must consider potential NPS impacts associated with severe weather (e.g., culvert sizing, coastal flooding, marsh migration) and septic systems. The final plan should include findings and incorporate any associated action items needed.

3. Through this RFA, funds are not available for development of alternative plans such as lake watershed-based protection plans. Lake watershed protection plans are appropriate for most threatened lakes where NPS problems are well-understood and the most critical NPS sources can be documented through volunteer watershed surveys. These plans include some of the same information as full nine-element plans, but typically require significantly fewer resources to develop. For DEP guidance about lake watershed protection plans, refer to http://www.maine.gov/dep/water/grants/319-documents/guidance_lake_watershed-based_protection%20_plans.pdf. Note that nine-element plans are required for impaired lakes; but they may also be appropriate for a small number of threatened lakes with complex water quality or NPS issues or threatened lakes that DEP is likely to list as impaired in the near future.

4. Through this RFA, funds are not available for routine updates to existing WBPs. However, funding may be available for WBP updates in cases where extensive changes to the original plan and/or advanced monitoring is warranted to better determine the most effective implementation efforts in the watershed. Entities seeking to make more routine plan updates are encouraged to seek out and obtain local resources for this work. For more information about updating plans, refer to Guidance for Updating Maine Watershed-based Plans (January 2017). Available at http://www.maine.gov/dep/water/grants/319-documents/Guidance-for-Updating-Maine-Watershed-based-Plans.pdf.

5. The extent/size of the watershed for a WBP should be designed considering a geographically-appropriate scale, whereby the planned implementation efforts can lead to measurable reductions in pollution and to achievement of water quality goals. The plans should reference an area large enough to address all the major sources and causes of impairments and threats to the waterbody of concern. However, the area should not be so large that chances of successful implementation is not feasible.

6. The project should be designed to ensure that upon completion of the WBP, there will be an entity with appropriate capacity to lead and direct actions needed to make progress implementing the WBP. The application should name the appropriate entity or exhibit that an entity will be recruited or will emerge to assume the leadership role to promote implementation of the WBP.

7. Water quality data and assessment information about the waterbody is used to develop a WBP. If additional assessment is needed, targeted water quality monitoring and watershed assessments could be conducted through the project to identify sources causing impaired water quality. Targeted assessment may include water quality screening, biological assessments, stream habitat and corridor assessments and watershed assessments. (See Section F. Environmental Data Quality Assurance below.)

8. Detailed information about watershed nonpoint pollution sources is needed to develop a WBP. If additional assessment is needed, then it may be accomplished by using Department-recommended watershed survey methods or by other methods that provide sufficient description of NPS problem sites. For lakes, recommended methods are described in A Citizen’s Guide to Lake Watershed Surveys (September 2011). Available at http://www.maine.gov/dep/land/watershed/materials/lakewsurveyguide.pdf. For streams, recommended methods are described in Stream Survey Manual Volume I: A Citizen’s Guide to Basic Watershed, Habitat and Geomorphology Surveys in Stream & River Watersheds (February 2009). Available at http://www.maine.gov/dep/water/monitoring/rivers_and_streams/vrmp/stream-survey-manual/index.html.

D. Limitations

Pursuant to the Clean Water Act, Section 604(b), funds must be used “to carry out planning”. This includes a broad range of planning activities. Eligible activities include, but are not limited to: watershed assessment; watershed survey of nonpoint sources; plan development; water quality monitoring; outreach and stakeholder engagement when part of a broader planning effort, etc. Program implementation activities, such as permit writing, inspections, and construction, are not eligible. 604(b) funds may support assessment and preliminary conceptual design and engineering but cannot support final design. For example, surveying, determination of ownership, and feasibility analysis are 604(b) eligible preliminary design work. Final design, engineering plans and specifications, and bid specifications are not eligible for 604(b) funding.

E. Sub-grants and Procurement of Services

1. Sub-grants - If the applicant plans to pass-through funds to an eligible sub-grantee to accomplish a significant part of the project, then the applicant should identify the proposed sub-grantee, their qualifications, and a brief description of the work to be conducted. For example, a municipality (applicant) may plan to issue a sub-grant to a soil and water conservation district (sub-grantee) to coordinate the project or perform certain tasks. Eligible sub-grantees include organizations described in Part I.C. The work to be performed needs to be aligned with the public purpose or mission of the sub-grantee.

2. Procurement of Services - In some projects, an applicant may need to purchase goods or services to complete project activities. Procurement means acquisition of supplies, equipment, construction, or services. Procurement with federal funds must be made on a competitive basis to ensure that fair and reasonable prices are obtained for goods and services. Grant recipients may use their own procurement procedures provided that the procedures conform to applicable federal law and standards and the Department’s NPS Grant Administrative Guidelines (https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:f7e5d544-4781-4072-96b5-4d46d1086b7b).

F. Environmental Data Quality Assurance

Project activities need to be conducted according to applicable quality assurance procedures for NPS projects as described in the Department document, Maine Lake and Stream Watershed Survey Generic Quality Assurance Project Plan (2020) available at: https://www.maine.gov/dep/water/grants/319-documents/QAPP_May2020_MaineLakeAndStreamWatershedSurvey.pdf Projects involving the collection and analysis of water quality samples will require a Quality Assurance Project Plan (QAPP) developed in accordance with the DEP Quality Management Plan (Section 7.3 or 7.4). Project applications must identify the existing QAPP that will be utilized or describe preparation of a new QAPP as a task. In addition, a Sampling and Analysis Plan (SAP) needs to be submitted and approved by DEP prior to monitoring each year.

Oftentimes, planning projects compile and use preexisting data (secondary data) about the watershed and water bodies. If a project depends on the use of secondary data, the application must include a task that evaluates the quality/validity of the data to determine if the data is acceptable. The secondary data analysis findings are typically summarized in a brief table, which is submitted as a project deliverable.

If a watershed survey is an anticipated part of a project to develop a WBP, then the Maine Lake and Stream Watershed Survey Generic Quality Assurance Project Plan describes data acquisition and management procedures to ensure that the survey meets data quality objectives. When the project is underway, prior to conducting the survey applicants need to prepare a brief ‘Watershed Survey Implementation Plan’ to document that the survey will be carried out to meet quality objectives described in the generic QAPP. https://www.maine.gov/dep/water/grants/319-documents/QAPP_May2020_MaineLakeAndStreamWatershedSurvey.pdf

If a stream corridor survey is an anticipated part of a project to develop a WBP, the Generic Quality Assurance Project Plan for Maine Stream Corridor Survey (11/30/18) describes data acquisition and management procedures to ensure that the survey meets data quality objectives. When the project is underway, prior to conducting the survey, applicants need to prepare a brief “Stream Survey Implementation Plan” to document that the survey will be carried out to meet quality objectives described in the generic QAPP. https://www.maine.gov/dep/water/grants/319-documents/QAPP_May2020_MaineLakeAndStreamWatershedSurvey.pdf

PART III KEY PROCESS EVENTS

A. Vendor Self Service System (VSS)

1. The Office of State Procurement Services Vendor Self Service System website is found at the link below: https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system

2. A copy of the RFA and all associated documents will be published in VSS.

3. Only documents published in VSS will be considered binding.

4. Any interested party may view open solicitations in VSS using the Public Access feature.

5. Vendors must have an active User ID and password in VSS to submit questions and respond to solicitations, including this RFA.

a. Vendor registration instructions and User Guide may be found at the link above, which include steps for searching for an existing account/User ID, or registering for a new account/User ID.

b. Vendors interested in responding to a solicitation are encouraged to obtain a User ID and password for VSS as soon as possible.

6. Vendors must have an active Vendor Code (VC or VS) to contract with the department.

B. Questions

1. General Instructions: It is the responsibility of all Applicants and other interested parties to examine the entire RFA and to seek clarification, in writing, if they do not understand any information or instructions.

a. Questions must be submitted in VSS as soon as possible but no later than the date and time published in VSS.

b. Questions should be clearly stated and reference the applicable section and/or page number of the RFA.

c. The Department assumes no liability for assuring accurate/complete/on time transmission and receipt.

2. Question & Answer Summary: Responses to all questions will be compiled in writing and published in VSS no later than seven (7) calendar days prior to the Application Submission Deadline. It is the responsibility of all interested parties to go to VSS to obtain a copy of the Question & Answer Summary. Only those answers issued in writing in VSS will be considered binding.

C. Amendments

All amendments released in regard to the RFA will be published in VSS. It is the responsibility of all interested parties to go to VSS to obtain amendments. Only those amendments published in VSS are considered binding.

D. Application Submission

1. Applications Due

a. Application submissions must be received no later than the Application Submission Deadline (closing date) published in VSS.

b. Any application submissions or any additional or revised application files received after the Application Submission Deadline will be rejected without exception.

2. Delivery Instructions

a. Application submissions must be submitted to the Office of State Procurement Services via VSS.

b. Only application submissions received via VSS will be considered. The Department assumes no liability for assuring accurate/complete receipt.

c. Submissions containing links to file sharing sites or online file repositories will not be accepted as submissions. Only application submissions that have the actual requested files attached will be accepted.

d. Encrypted submissions received which require opening attachments and logging into a proprietary system will not be accepted. Applicants should work with their Information Technology team to ensure that the application submission will not be encrypted due to any security settings.

e. File size limits are 15MB per file. Applicants may separate their submissions into multiple files, as necessary, due to file size concerns.

3. Submission Format

a. Applicants must submit at least one (1) file, labeled and including the required information as defined below:

File Name: RFA# 202602025 Application Submission – [Applicant’s Name]

· Must contain: Applicant’s completed Application Form and all required information and attachments as stated in the form.

b. The Application Form must be submitted as a single, typed file. If including attachments in the same file presents a file size issue, Applicants may submit those attachments as a separate, clearly labeled file.

c. Applicants must include any forms provided in the RFA (such as the Application Form) or reproduce those forms as closely as possible.

d. Applicants are not to provide additional attachments beyond those specified in the RFA or Application Form for the purpose of extending their response. Materials not requested will not be considered part of the application and will not be evaluated.

PART IV APPLICATION EVALUATION AND SELECTION

A. Evaluation Process – General Information

1. An evaluation team, composed of qualified reviewers, will judge the merits of the applications received in accordance with the criteria defined in the RFA.

2. Officials responsible for making decisions on the award selection will ensure that the selection process accords equal opportunity and appropriate consideration to all who are capable of meeting the specifications. The goals of the evaluation process are to ensure fairness and objectivity in review of the applications and to ensure that all contracts are awarded to the Applicants that provide the best value to the State of Maine.

3. The Department reserves the right to communicate and/or schedule interviews/presentations with Applicants, if needed, to obtain clarification of information contained in the applications received. The Department may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations.

4. Changes to applications, including updating or adding information, will not be permitted during any interview/presentation process and, therefore, Applicants must submit applications that present their rates and other requested information as clearly and completely as possible.

5. Failure to respond to all questions and instructions throughout the RFA may result in the application being disqualified as non-responsive or receiving a reduced score. The Department, and its evaluation team, has sole discretion to determine whether a variance from the RFA specifications will result either in disqualification or reduction in scoring of an application.

i. Relative Value of the Waterbody (10)

ii. Water Quality Problem (10)

iii. Nature, Extent, and Severity of the NPS Problems (10)

iv. Feasibility for Success (25)

v. Comprehensive Plan (10)

2. Description of Criteria:

Eligibility:

Eligible recipients under this RFA are regional public comprehensive planning organizations or interstate organizations such as: regional planning agencies, councils of governments, conservation districts, counties, cities and towns, and other sub-state public planning agencies and interstate agencies. Such organizations must be chartered with suitable powers as a unit of local government, an independent sub-state agency, or an interstate organization under an interstate agreement of which Maine is a party.

Qualifications and Experience:

Consider the adequacy of applicant qualifications (relevant experience, financial, administrative & technical qualifications, personnel and facilities) to carry out the project within the proposed timeframe, along with any known past performance on relevant projects. If the project plans to issue a sub-grant to an eligible recipient, consider the adequacy of the subgrantee’s qualifications and relevant past performance. If the project plans to acquire consultant services, consider the adequacy of the qualifications and experience that will be requested in the project’s solicitation for services. If the project plans to involve volunteer partners to accomplish significant portions of the project, consider the adequacy of the qualification and experience of that partner to achieve the necessary outcome.

Includes all elements addressed above in RFA Application, Organization Qualifications and Experience.

Work Plan:

i. Relative Value of the Waterbody: Evaluate the degree to which the public currently uses and values the waterbody. Consider the availability (access), and extent of use. Consider uses including, but not limited to, drinking water supply; public recreational opportunities; scenic and aesthetic benefits; aquatic and terrestrial habitat benefits; commercial benefits; and potential for increased public use and improved habitat.

Includes all elements addressed in RFA Application, Work Plan and Cost Proposal (Waterbody and Watershed Information).

ii. Water Quality Problem: Evaluate the extent to which the work plan exhibits an informed understanding of water quality conditions. Consider the severity of the water quality impairment or indication that the waterbody may not attain its water quality standards in the future.

Includes all elements addressed in RFA Application, Work Plan and Cost Proposal (Water Quality Problem or Threat)

iii. Nature, Extent and Severity of NPS Problems: Evaluate the nature, extent, and severity of NPS problems in the watershed. Evaluate the work plan’s understanding of what actions are needed to address the NPS sources and problems.

Includes all elements addressed in RFA Application, Work Plan and Cost Proposal (Watershed Nonpoint Pollution Sources and NPS Mitigation Activities).

iv. Feasibility for Success: Likelihood that the project will be successfully completed as proposed and that the waterbody can be successfully restored or protected.

Considerations: adequate information and capacity to determine actions needed restore or protect the waterbody; proposed tasks address the primary water quality stressors and pollutants of concern; effective well-sequenced tasks; contribution or participation by appropriate stakeholders and municipal government; leveraged with other previous or concurrent efforts; extent of community support to restore or protect the waterbody.

Includes all elements addressed in RFA Application (All Sections).

v. Comprehensive Plan: The Comprehensive Plan points will be calculated by the DEP with input from the Municipal Planning Assistance Program (MPAP) in the Maine Department of Agriculture, Forestry and Conservation. MPAP staff will review program records to determine which towns within the direct watershed have a current and consistent comprehensive plan and report to the Department. The Department then determines the proportion of the watershed that falls within the boundaries of towns having a current finding. Up to five (5) points will be awarded based on the percentage of watershed for which consistent comprehensive plans exist using the following formula:

Final score will be rounded to the nearest whole number.

Unorganized territories are not subject to the Growth Management Act, and they generally do not have the authority to adopt comprehensive plans or land use ordinances. The Land Use Planning Commission (LUPC) is responsible for those functions through Title 12 § 681, and the LUPC ensures that all unorganized territories are covered by an LUPC document that is roughly equivalent to a comprehensive plan. For this reason, under this RFA, unorganized territories will be treated as though they have a current comprehensive plan finding of consistency.

Cost Proposal:

Includes all elements addressed in RFA Application (All Sections).

No Best and Final Offer: The State of Maine will not seek a best and final offer (BAFO) from any applicant in this procurement process. All applicants are expected to provide their best value pricing with the submission of their application.

C. Scoring Process:

For applications that demonstrate meeting the eligibility requirements defined in Part I, if applicable, the evaluation team will use a consensus approach to evaluate and score all sections listed above. Members of the evaluation team will not score those sections individually but, instead, will arrive at a consensus as to assignment of points for each of those sections.

D. Negotiations

1. The Department reserves the right to negotiate with the awarded Applicant(s) to finalize a contract.

2. The Department reserves the right to terminate contract negotiations with an awarded Applicant who submits a proposed contract significantly different from the application they submitted in response to the advertised RFA.

3. In the event that an acceptable contract cannot be negotiated with an Applicant, the Department may withdraw its award and negotiate with the next-highest ranked Applicant, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFA, at its sole discretion.

E. Selection and Award

1. The final decision regarding the award of the contract will be made by representatives of the Department subject to approval by the State Procurement Review Committee.

2. Notification of conditional award selection or non-selection will be made in writing by the Department.

3. Issuance of the RFA in no way constitutes a commitment by the State of Maine to award a contract, to pay costs incurred in the preparation of a response to the RFA, or to pay costs incurred in procuring or contracting for services, supplies, physical space, personnel or any other costs incurred by an Applicant.

4. The Department reserves the right to reject any and all applications or to make multiple awards.

F. Appeal of Contract Awards

Any person aggrieved by the award decision that results from the RFA may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 M.R.S.A. § 1825-E and 18-554 Code of Maine Rules Chapter 120. The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within fifteen (15) calendar days of receipt of notification of conditional contract award.

PART V CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

1. The awarded Applicant(s) will be required to execute a State of Maine Service Contract with appropriate riders as determined by the issuing department.

All exceptions will be negotiated between the awarded Applicant(s) and the State. The State will not accept any proposed exceptions as part of this RFA process. The State is not obligated to accept, negotiate, or compromise of any proposed exceptions.

The complete set of standard State of Maine Service Contract documents, along with other forms and contract documents commonly used by the State, may be found on the Office of State Procurement Services’ website at the following link: Office of State Procurement Services Forms Page

2. Allocation of funds is final upon successful negotiation and execution of the contract, subject to the review and approval of the State Procurement Review Committee. Contracts are not considered fully executed and valid until approved by the State Procurement Review Committee and funds are encumbered. No contract will be approved based on an RFA which has an effective date less than fourteen (14) calendar days after award notification to Applicants. (Referenced in the regulations of the Department of Administrative and Financial Services, Chapter 110, § 3(B)(i).)

This provision means that a contract cannot be effective until at least fourteen (14) calendar days after award notification.

3. The State recognizes that the actual contract effective date depends upon completion of the RFA process, date of formal award notification, length of contract negotiation, and preparation and approval by the State Procurement Review Committee. Any appeals to the Department’s award decision(s) may further postpone the actual contract effective date, depending upon the outcome. The contract effective date listed in the RFA may need to be adjusted, if necessary, to comply with mandated requirements.

4. In providing services and performing under the contract, the awarded Applicant must act as an independent contractor and not as an agent of the State of Maine.

B. Standard State Contract Provisions

1. Contract Administration Following the award, a Contract Administrator from the Department will be appointed to assist with the development and administration of the contract and to act as administrator during the entire contract period. Department staff will be available after the award to consult with the awarded Applicant in the finalization of the contract.

State of Maine RFA# 202602025 1 Rev. 11/10/2025 – DAFS/Office of State Procurement Services

PART VI APPLICATION FORM

As defined in Part III, D, 3 of the RFA, Applicants must complete the Application Form embedded below and produce all required attachments.

The Application Form may be obtained in a Word (.docx) format by double clicking on the document icon below.

Viewing this RFA in a web browser will likely not allow for opening of the embedded document. Download the RFA and view it in the desktop application to access the embedded Application Form below.

image1.jpeg image2.emf

RFA APPLICATION FORM.docx State of Maine

Department of Environmental Protection

RFA# 202602025

Nonpoint Source Grant for Pollution Control Projects: Watershed-based Plan Development

APPLICATION COVER PAGE

Applicant’s Name:

Chief Executive - Name/Title:

Tel:

E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

Applicant’s UEI#

(Provide information requested below if different from above)

Lead Point of Contact for Application - Name/Title:

Tel:

E-mail:

Street Address:

City/State/Zip:

· This Application and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.

· No personnel currently employed by the Department participated, either directly or indirectly, in any activities relating to the preparation of the Applicant’s Application.

· No attempt has been made, or will be made, by the Applicant to induce any other person or firm to submit or not to submit an Application.

· The above-named organization is the legal entity entering into the resulting contract with the Department should they be awarded the contract.

· The undersigned is authorized to enter contractual obligations on behalf of the above-named organization.

To the best of my knowledge, all information provided in the enclosed application, both programmatic and financial, is complete and accurate at the time of submission.

Name (Print):

Title:

Authorized Signature:

Date:

RESPONSIBLE BIDDER CERTIFICATION

Applicant’s Name:

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this application:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the application for this contract been convicted of or had a civil judgment rendered against them for:

i. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or contract.

ii. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification.

d. Have not within a three (3) year period preceding this application had one or more federal, state, or local government transactions terminated for cause or default.

e. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this application is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

f. Is not a foreign adversary business entity (https://www.maine.gov/oit/prohibited-technologies).

g. Is not on the list of prohibited companies (https://www.maine.gov/oit/prohibited-technologies) or does not obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services https://www.maine.gov/oit/prohibited-technologies (Title 5 §2030-B).

Name (Print):

Title:

Authorized Signature:

Date:

APPLICATION

Eligibility

Applicants must provide documentation to demonstrate meeting the eligibility requirements stated in Part I of the RFA.

Is the applicant a public planning agency, such as a municipality, Soil & Water Conservation District, or Regional Planning Commission?

☐ YES ☐ NO

Does the application contain a local non-federal match equal to at least 10% of the total project cost?

☐ YES ☐ NO

Qualifications and Experience

Applicants must describe their qualifications and skills to provide the requested services in the RFA. Applicants must include three (3) examples of projects which demonstrate their experience and expertise in performing these services as well as highlighting the Applicant’s stated qualifications and skills.

Project 1

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Brief Description of Project

Project 2

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Brief Description of Project

Project 3

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Brief Description of Project

Sub-grantees

If sub-grants are to be issued, Applicants must provide their name, qualifications, and contact information. The Applicant will ensure that debarred, suspended, or otherwise ineligible parties are excluded from all sub-grant relationships. Note that this information should also be included in the Work Plan, Section VI. Partner Coordination, Roles, and Responsibility.

Sub-grantee 1 (add additional Sub-grantees as needed)

Subcontractor Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

Subcontractors

If subcontractors (consultants) are to be engaged, Applicants must describe the application and review process the Applicant will use to evaluate the qualifications and experience of potential subcontractors, and how the Applicant will ensure that debarred, suspended, or otherwise ineligible parties are excluded from all subcontract relationships. If no subcontractors are engaged at the time of award, Applicants must describe the anticipated role and qualifications of desired subcontractors. Note that this information should also be included in the Work Plan, Section VI. Partner Coordination, Roles, and Responsibility.

Subcontractor 1 (add additional Sub-contractors as needed)

Subcontractor Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

Volunteers

If volunteers are to be engaged (e.g. conducting a watershed survey, gathering monitoring data), Applicants must list pertinent key qualifications. Note that this information should also be included in the Work Plan, Section VI. Partner Coordination, Roles, and Responsibility.

Volunteer Organization 1 (add additional volunteer partners as needed)

Organization Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

Litigation

Applicants must include a list of all current litigation in which the Applicant is named and a list of all closed cases that have closed within the past five (5) years in which the Applicant paid the claimant either as part of a settlement or by decree. For each, list the entity bringing suit, the complaint, the accusation, amount, and outcome.

Work Plan and Cost Proposal

Instructions: Complete work plan using the instructions and format below. Delete italicized instructions prior to submittal. Refer to DEP’s NPS Grants webpage for examples of the typical content of a work plan to develop a watershed-based plan. http://www.maine.gov/dep/water/grants/319.html. (Maximum length: 11 pages)

I. Project Information

Project Title

Title should begin with the name of the watershed (e.g., Orion Stream Watershed-based Plan Development Project).

Applicant’s Organization

Project Start Date

Month and Year

Project Completion Date

Month and Year

II. Waterbody and Watershed Information

a. Background

Waterbody Name

Waterbody Size (e.g., lake acres, stream miles)

Watershed Area (in acres or square miles)

Watershed Location (town(s), county(s)

Title and Date of Existing or Past Watershed-based Management Plan

DEP maintains a list of active plans at https://www.maine.gov/dep/water/grants/319.html

Public Access to Waterbody

Briefly list public access.

Is the Waterbody a public drinking water supply? If yes, is it primary or backup?

b. Waterbody and Watershed Physical Characteristics

Provide a brief overview of the physical characteristics of the waterbody and its watershed. (Do not repeat above information.) Describe any major tributaries or other waterbodies located in the watershed. Describe the land uses in the watershed. List the downstream watershed(s).

c. Description of Waterbody Uses and Value

Summarize the extent of uses of the waterbody by the public. Consider uses including, but not limited to: drinking water supply (if applicable please provide the size of population served); public recreational opportunities; scenic and aesthetic benefits; aquatic and terrestrial habitat benefits, and commercial benefits; and potential for increased public use and improved wildlife habitat. Describe public access to the waterbody.

The Beginning with Habitat webpage provides several map viewers that can be used to search for watershed resources (http://webapps2.cgis-solutions.com/beginningwithhabitat/).

III. Water Quality Problem or Threat

a. Water Quality Listing Status

Is water quality listed as impaired?

Answer yes or no. Refer to the most recent DEP Integrated Water Quality Monitoring and Assessment Report – Appendices Categories 4 and 5 (https://www.maine.gov/dep/water/monitoring/305b/index.html).

If impaired, what is the listed cause(s) and/or impaired use?

State the listed cause(s) and/or impaired use (e.g., streams – benthic macroinvertebrates; lakes – trophic trend; marine – elevated fecal indicators). See Integrated Report reference above.

Name and date of any DEP TMDL report(s) for the waterbody.

Approved TMDLs are available at http://www.maine.gov/dep/water/monitoring/tmdl/tmdl2.html.

b. Water Quality Overview

Summarize available water quality information for the waterbody and provide details on important water quality parameters. For an impaired waterbody, describe the extent and severity of the impairment. For a threatened waterbody, describe the water quality parameter(s) that is threatened and any indications that water quality is under stress. Water quality information available at:

· Resources listed in Section III. a. (above)

· Lakes Stewards of Maine – www.lakesofmaine.org

· Maine Volunteer River Monitoring Program – https://maine.maps.arcgis.com/apps/dashboards/e97b9bba6eab470998a37afca7f07543

· Maine DEP Biomonitoring Program - https://www.maine.gov/dep/water/monitoring/biomonitoring/data.html

· Maine Department of Marine Resources Shellfish Program – https://www.maine.gov/dmr/shellfish-sanitation-management/maps/index.html

IV. Watershed Nonpoint Pollution Sources and NPS Mitigation Activities

a. Summary of Watershed Assessments and Priority Nonpoint Pollution Sources

Summarize the findings of any past assessments or surveys to identify the nature, extent and severity of nonpoint pollution sources in the watershed (e.g., provide the number, impact rating, land use etc. of sites identified in most recent watershed survey, if applicable). Describe the important nonpoint sources and critical source areas that need to be addressed. If there is an approved TMDL for the waterbody, summarize any applicable information. For impaired waters, describe the likely or known nonpoint sources associated with the impairment.