RFP 202503052 Pre-Qualified Vendor List (PQVL) NRDAR.docx
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- Attached to
- NRDAR PQVL RFP
- Solicitation number
- RFP - 06A - 202503052
- Issued by
- Kennebec County, Maine
About this file
This is a Request for Proposals (RFP) issued by the State of Maine Department of Environmental Protection (DEP) for a Pre-Qualified Vendor List (PQVL) for Natural Resource Damage Assessment and Restoration (NRDAR). The DEP seeks proposals from vendors to provide expert assistance in assessing and addressing environmental damages from oil and hazardous material discharges. Vendors can apply for specialization in one or more categories including Wetlands, Injury Determination, Restoration, NRDAR Expertise, and NRDAR Calculations. The initial proposal submission deadline is October 28, 2025, with the contract term running from January 1, 2026 to December 1, 2031. Selected vendors will be eligible for a semi-annual enrollment process and may be invited to participate in mini-bid processes for specific NRDAR projects.
The RFP utilizes a point-based evaluation process with 100 total possible points, distributed across Organization Qualifications and Experience (40 points), Proposed Services (30 points), and Cost Proposal (30 points). Vendors must submit detailed documentation including organizational qualifications, project examples, an organizational chart, insurance certificates, and a cost proposal with a rate sheet. The cost proposal will be scored using a mathematical formula that awards the lowest bid 25 points, with other bids receiving proportionally fewer points. The DEP reserves the right to negotiate contract terms, remove vendors from the PQVL for unsatisfactory performance, and select multiple vendors to be included on the pre-qualified list.
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| File | Type | Posted |
|---|---|---|
| Master Score Sheet.pdf | ||
| Award Notification Letter NRDAR.pdf | ||
| RFP 202503052 Pre-Qualified Vendor List (PQVL) NRDAR.docx | DOCX document | |
| RFP 202503052 Q | — | |
| RFP 202503052 selection package_FINAL.pdf |
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Text version
STATE OF MAINE
Department of Environmental Protection Division of Petroleum Management
RFP# 202503052
Pre-Qualified Vendor List for Natural Resource Damage Assessment and Restoration
(NRDAR)
RFP Coordinator
| NAME: |
| Ben Godfrey |
| TITLE: |
| Oil and Hazardous Materials Specialist II |
| EMAIL: |
| Ben.Godfrey@maine.gov |
Initial Submitted Questions Due Date
October 15, 2025, no later than 11:59 p.m., local time
| Initial Proposal Submission Deadline |
| DATE: |
| October 28, 2025, no later than 11:59 p.m., local time. |
| TO: |
| Vendor Self Service System |
| Enrollment Deadline |
| BASIS: |
| Bi-annual |
| DUE: |
| 1st business day of June and December no later than 11:59 p.m., local time |
| TO: |
| Vendor Self Service System |
After the initial proposal submission deadline, proposals may be submitted according to the deadline established above while the RFP is active.
TABLE OF CONTENTS
Page
| PUBLIC NOTICE |
| 4 |
| RFP DEFINITIONS/ACRONYMS |
| 5 |
| PART I INTRODUCTION |
| 6 |
A. PURPOSE AND BACKGROUND
B. GENERAL PROVISIONS
C. ELIGIBILITY TO SUBMIT BIDS
D. PRE-QUALIFIED VENDOR LIST TERM
E. MINI-BID PROCESS AND AWARDS
| PART II SCOPE OF SERVICES TO BE PROVIDED |
| 9 |
| PART III KEY RFP EVENTS |
| 11 |
A. QUESTIONS
B. AMENDMENTS
C. PROPOSAL SUBMISSION
| PART IV PROPOSAL SUBMISSION REQUIREMENTS |
| 13 |
| PART V PROPOSAL EVALUATION AND SELECTION |
| 16 |
A. EVALUATION PROCESS – GENERAL INFORMATION
B. SCORING WEIGHTS AND PROCESS
C. SELECTION AND AWARD
D. APPEAL OF CONTRACT AWARDS
E. REMOVAL FROM THE PRE-QUALIFIED VENDOR LIST
F. CONTRACT DOCUMENT
| PART VI RFP APPENDICES AND RELATED DOCUMENTS |
| 19 |
APPENDIX A – PROPOSAL COVER PAGE
APPENDIX B – RESPONSIBLE BIDDER CERTIFICATION
APPENDIX C – QUALIFICATIONS AND EXPERIENCE FORM
APPENDIX D – SUBMITTED QUESTIONS FORM
PUBLIC NOTICE
State of Maine Department of Environmental Protection
RFP# 202503052
Pre-Qualified Vendor List for Natural Resource Damage Assessment and Restoration (NRDAR)
The State of Maine is seeking proposals to be considered for inclusion on a Pre-Qualified Vendor List to provide direct services for expert assistance regarding NRDAR.
A copy of the RFP and all related documents can be obtained through Vendor Self Service (VSS): https://mevss.hostams.com/PRDVSS1X1/AltSelfService
Proposals must be submitted to the State of Maine Office of State Procurement Services, via Vendor Self Service (VSS). Proposal submissions must be submitted no later than 11:59 pm, local time, on October 28, 2025. Proposals will be opened the following business day.
RFP TERMS/ACRONYMS with DEFINITIONS
The following terms and acronyms, as referenced in the RFP, have the meanings indicated below:
| Term/Acronym |
| Definition |
| Department |
| Department of Environmental Protection |
| Federal Trustees |
| The Secretaries of Agriculture, Commerce, Defense, Energy, and Interior, as land managing agencies for natural resources located on, over, or under land administered by the United States. |
| FOAA |
| Freedom of Access Act |
| Oil |
| Oil, oil additives, petroleum products, and their by-products of any kind and in any form including, but not limited to: petroleum, fuel oil, sludge, oil refuse, oil mixed with non-hazardous waste, crude oils, and other liquid hydrocarbons |
| NRDAR |
| Natural Resource Damage Assessment and Restoration |
| PQVL |
| Pre-Qualified Vendor List |
| Responsible Parties |
| Any person(s) discharging or suffering the discharge of oil in the manner prohibited by 38 M.R.S. § 543. |
| RFP |
| Request for Proposals |
| State |
| State of Maine |
| State Trustees |
| The Commissioner of the Maine Department of Environmental Protection, or the Commissioner’s authorized designee; the Commissioner of the Maine Department of Conservation, or the Commissioner's authorized designee; the Commissioner of the Maine Department of Inland Fisheries and Wildlife, or the Commissioner's authorized designee; and the Commissioner of the Maine Department of Marine Resources, or the Commissioner’s authorized designee |
| Vendor Self Service System (VSS) |
| The Vendor Self Service System (VSS) web portal provides vendors with a single-entry point to register, identify the commodities/services that their company provides, look for business opportunities, and respond to solicitations. |
State of Maine Department of Environmental Protection Division of Petroleum Management
RFP# 202503052
Pre-Qualified Vendor List for Natural Resource Damage Assessments and Restoration (NRDAR)
PART I INTRODUCTION
A. Purpose and Background
The Department of Environmental Protection (Department) is seeking proposals to be considered for inclusion on a Pre-Qualified Vendor List (PQVL) to assist the Department and other State Trustee agencies in Natural Resource Damage Assessments and Restoration (NRDAR), as defined in this Request for Proposals (RFP) document. This document provides instructions for submitting proposals, the procedure and criteria by which the Provider(s) will be selected, and the contractual terms which will govern the relationship between the State of Maine (State) and the awarded Bidder(s).
Maine Statute 38 M.R.S. § 1367, establishes liability for responsible parties for natural resource damages related to oil and hazardous substance discharges. In the event of an oil or hazardous material discharge that causes injury to Maine’s natural resources, the Department may require technical assistance in determining injury to the damaged resources including preparing and implementing a natural resources restoration plan. In addition, vendors selected for the PQVL may be requested to collect and review data, design and plan assessments, assist the State and Federal Trustees in negotiations with the responsible party, and other expert assistance regarding NRDAR.
In 2018, the Department issued RFP 201805094 - Natural Resource Damage Assessments (NRDA) Ecology & Economic Analysis and RFP 201805095 - Natural Resource Damage Assessments (NRDA) Field Contractors. Pre-Qualified Vendor Lists were issued as a result of both RFPs. This RFP seeks to replace and combine the two prior PQVLs.
B. General Provisions
1. From the time the RFP is issued until award notification is made, all contact with the State regarding the RFP must be made through the RFP Coordinator. No other person/ State employee is empowered to make binding statements regarding the RFP. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.
2. Issuance of the RFP does not commit the Department to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to the RFP. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable.
3. All proposals must adhere to the instructions and format requirements outlined in the RFP and all written supplements and amendments (such as the Summary of Questions and Answers), issued by the Department. Proposals are to follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of the RFP.
4. Bidders will take careful note that in evaluating a proposal submitted in response to the RFP, the Department will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.
5. The proposal must be signed by a person authorized to legally bind the Bidder and must contain a statement that the proposal 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 RFP and the awarded Bidder’s proposal, 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 RFP 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 bid submissions, are generally public records per FOAA.
8. In the event that a Bidder believes any information that it submits in response to this RFP is confidential, it must mark that information accordingly, and include citation to legal authority in support of the Bidder’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 Bidder to determine whether the information is an exception to FOAA’s definition of public record. If the Department determines to release information that a Bidder has marked confidential, it shall provide advance notice to the Bidder 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 proposals received in response to the RFP.
10. All applicable laws, whether or not herein contained, are included by this reference. It is the Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.
11. The State of Maine Office of State Procurement Services reserves the right to authorize other Departments to use the contract(s) resulting from this RFP, if it is deemed to be beneficial for the State to do so.
C. Pre-Qualified Vendor List Term
The Department is seeking a cost-efficient proposal(s) to provide services, as defined in this RFP, for the anticipated Pre-Qualified Vendor List (PQVL) period defined in the table below. Please note that the dates below are estimated and may be adjusted, as necessary, in order to comply with all procedural requirements associated with this RFP process. Utilization of a PQVL will begin once the RFP process has been finalized.
The term of the anticipated PQVL, resulting from this RFP, is defined as follows:
| Period |
| Start Date |
| End Date |
| Period of Performance | |||
| December 1, 2025 | Comment by Muanda, Paulo: Please fill in the start date | Comment by Muanda, Paulo: @Godfrey, Ben | Comment by Godfrey, Ben: January 1, 2026 |
| December 1, 2031 |
This RFP offers a semiannual enrollment for new vendors to be included on the PQVL. Once selected, vendors do not need to reapply during a semi-annual enrollment. Proposals will be accepted from vendors not currently on the PQVL as long as this RFP is active, and will be evaluated by the Department using the same process and criteria as the initial proposals received.
D. Mini-Bid Process and Awards
Once the pre-qualified list is established, the Department will notify all pre-qualified vendors when specific services are needed. Each vendor on the PQVL will be given a description of the particular services needed and asked to respond within a specific timeframe with information on how that vendor proposes to provide the particular services, along with the project-specific cost proposal for those services. Vendors should respond to each mini-bid with their proposal or provide a “no-bid” as a response. The Department will then select one vendor based on the project-specific cost proposal submitted during the “mini-bid” process of those pre-qualified vendors who can meet the specific service requirements.
The Department reserves the right to select vendors from the pre-qualification list without using the mini-bid process for emergencies (if the need arises). The Department also retains the discretion to issue new RFPs for specific projects. Providers for those projects will not be selected from the PQVL, but rather through the separate RFP or other procurement process based on the Department’s specific needs/timelines.
PART II SCOPE OF SERVICES TO BE PROVIDED
The Department intends to create a list of prequalified vendors to provide direct services for expert assistance regarding Natural Resource Damage Assessment and Restoration (NRDAR). Pre-qualified vendors may be requested to collect and review data, design and plan assessments, estimate damages, evaluate restoration proposals, assist the State and Federal Trustees in negotiations with the responsible party, and other expert assistance regarding NRDAR.
Category of Specialized Expertise Bidders may submit qualifications for at least one of the following specialized areas of expertise: (A) Wetlands, (B) Injury Determination, (C) Restoration, (D) NRDAR Expertise, (E) NRDAR Calculations or any combination of the (A), (B), (C), (D) or (E) Representative Tasks. Bidders may be found qualified to perform field assessment work in one (1) or more specialization (A) – (E), given below:
A. Wetlands Specialization Representative Tasks (Upland, Freshwater, Rivers, Lakes, Streams, Estuarine, Marine) The work to be performed may include the following representative tasks:
1. Collect biological, geological (i.e., soil, rock, sediment, benthic macroinvertebrate surveys), and aqueous samples within and adjacent to an impacted wetland area.
2. Identify and inventory biota within and adjacent to impacted wetland areas
3. Collect data on the occurrence of impact from the release to wetland biota
4. Collect information on the distribution of habitats, the release, and its impact (e.g., photo imagery, remote sensing, GPS and GIS)
5. Collect photographic documentation of injuries to natural resources
6. Write reports for State and Federal Trustees and/or responsible parties
7. Assist State and Federal Trustee agencies with design of site-specific studies and short- and long-term sampling strategies
B. Injury Determination Specialization Representative Tasks The work to be performed may include the following representative tasks:
1. Acute/chronic injury analysis
2. Lethal/sublethal injury analysis (i.e., reproductive success, behavioral injury, hormonal injury, population dynamics)
3. Ecotoxicology and ecological risk analysis
4. Human toxicology and human health risk analysis
5. Modeling injuries
6. Preliminary Estimate of Damages
C. Restoration Specialization Representative Tasks The work to be performed may include the following representative tasks:
1. Develop restoration projects to restore lost services due to oil and hazardous material releases
2. Write restoration plans
3. Evaluate restoration proposals
4. Work with State and Federal Trustees to implement restoration projects
5. Restoration monitoring
D. NRDAR Expertise Demonstrate expertise in the following:
1. Oil & hazardous substance discharges resulting in NRDAR
2. Professional degrees in related fields
3. Provide settlement support and assist the State and Federal Trustees in negotiations with the responsible party.
4. Experience working with State and Federal Trustees
5. At least five (5) years of experience conducting NRDAR
E. NRDAR Injury Calculations The work performed may include the following representative tasks:
1. Estimate damages and injuries using a market-based approach
2. Measuring and demonstrating impact on wildlife caused by oil and hazardous releases
3. Measuring and demonstrating impact on human health caused by oil and hazardous releases
4. Measuring and demonstrating the loss of use and services caused by oil and hazardous releases
PART III KEY RFP EVENTS
A. Vendor Self Service (VSS)
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 A copy of the RFP and all associated documents will be published in VSS.
Only documents published in VSS will be considered binding.
Any interested party may view open solicitations in VSS using the Public Access feature.
Vendors must have an active User ID and password in VSS to submit questions and respond to solicitations, including this RFP.
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.
Vendors interested in responding to a solicitation are encouraged to obtain a User ID and password for VSS as soon as possible.
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 Bidders and other interested parties to examine the entire RFP 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 RFP.
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 Proposal 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 RFP 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. Proposal Submission
1. Proposals Due
a. Proposal submissions must be received no later than the Proposal Submission Deadline (closing date) published in VSS.
b. Any proposal submissions or any additional or revised proposal files received after the Proposal Submission Deadline will be rejected without exception.
2. Delivery Instructions
a. Proposal submissions must be submitted to the Office of State Procurement Services via VSS.
b. Only proposal 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 proposal 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. Bidders should work with their Information Technology team to ensure that the proposal submission will not be encrypted due to any security settings.
e. File size limits are 15MB per file. Bidders may separate their submissions into multiple files, as necessary, due to file size concerns.
3. Submission Format:
a. Bidders must submit multiple files, with each file named and containing the required information as defined below.
File 1 [Bidder’s Name] – Preliminary Information PDF format preferred, and must include:
· Appendix A (Proposal Cover Page)
· Appendix B (Responsible Bidder Certification)
File 2 [Bidder’s Name] – Organization Qualifications and Experience PDF format preferred, and must include:
· Appendix C (Organization Qualifications and Experience Form)
· Copy of applicable licensure or any specific credentials
· Certificate of Insurance
· Company Rate Sheet(s)
· And all required information and attachments stated in PART IV, Section II.
File 3 [Bidder’s Name] – Cost Proposal PDF format preferred, and must include:
Appendix D (Cost Proposal Form)
PART IV PROPOSAL SUBMISSION REQUIREMENTS
This section contains instructions for Bidders to use in preparing their proposals. The Department seeks detailed yet succinct responses that demonstrate the Bidder’s qualifications, experience, and ability to perform the requirements specified throughout the RFP.
The Bidder’s proposal must follow the outline used below, including the numbering, section, and sub-section headings. Failure to use the outline specified in PART IV, or failure to respond to all questions and instructions throughout the RFP, may result in the proposal 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 RFP specifications will result either in disqualification or reduction in scoring of a proposal. Rephrasing of the content provided in the RFP will, at best, be considered minimally responsive.
Bidders are not to provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated. Include any forms provided in the submission package or reproduce those forms as closely as possible. All information must be presented in the same order and format as described in the RFP.
Proposal Format and Contents
Section I Preliminary Information
1. Proposal Cover Page Bidders must complete Appendix A (Proposal Cover Page). It is critical that the cover page show the specific information requested, including Bidder address(es) and other details listed. The Proposal Cover Page must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.
2. Responsible Bidder Certification Bidders must complete Appendix B (Responsible Bidder Certification). The Responsible Bidder Certification must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.
Section II Organization Qualifications and Experience
1. Overview of the Organization Bidders must complete Appendix C (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in the RFP. Bidders must include three (3) examples of projects which demonstrate their experience and expertise in performing these services as well as highlighting the Bidder’s stated qualifications and skills.
2. Subcontractors If subcontractors are to be used, Bidders must provide a list that specifies the name, address, phone number, contact person, and a brief description of the subcontractors’ organizational capacity and qualifications.
3. Organizational Chart Bidders must provide an organizational chart. Each position must be identified by position title and corresponding to the personnel job descriptions.
4. Litigation Bidders must attach a list of all current litigation in which the Bidder is named and a list of all closed cases that have closed within the past five (5) years in which the Bidder 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.
5. Financial Viability Bidders must provide Balance Sheets and Income (Profit/Loss) Statements.
6. Certificate of Insurance Bidders must provide a certificate of insurance on a standard Acord form (or the equivalent) evidencing the Bidder’s general liability, professional liability and any other relevant liability insurance policies that might be associated with the proposed services.
Section III Proposed Services
1. Services to be Provided Bidders must discuss the Scope of Services referenced above in Part II of the RFP and what the Bidder will offer, including a description of the methods and resources the Bidder will use and how each task involved will be accomplished. Clearly state which representative task group or groups the applicant is seeking to pre-qualify to perform: (A) Wetlands, (B) Injury Determination, (C) Restoration, (D) NRDAR Expertise, (E) NRDAR Calculations or any combination of the (A), (B), (C), (D) or (E) Representative Tasks. Bidders must also describe how the expectations and/or desired outcomes as a result of these services will be achieved. If subcontractors are involved, Bidders must clearly identify the work each will perform.
Section IV Cost Proposal
1. General Instructions
a. Bidders must submit a current rate sheet and fill out the Cost Proposal Form. Rate sheets must provide a listing of all the typical fixed and hourly rates for all services and the positions expected to be involved in the services provided as well as all other expected expenses.
b. The cost proposal must include the costs necessary for the Bidder to fully comply with the contract terms, conditions, and RFP requirements.
c. No costs related to the preparation of the proposal for the RFP, or to the negotiation of the contract with the Department, may be included in the proposal. Only costs to be incurred after the contract effective date that are specifically related to the implementation or operation of contracted services may be included.
2. Cost Proposal Form Instructions
a. Bidders should fill out Appendix D (Cost Proposal Form), following the instructions detailed here and in the form. Failure to provide the requested information, and to follow the required cost proposal format provided, may result in the disqualification of the proposal from consideration, at the discretion of the Department.
PART V PROPOSAL EVALUATION AND SELECTION
Evaluation of the submitted proposals will be accomplished as follows:
A. Evaluation Process – General Information
1. An evaluation team, composed of qualified reviewers, will judge the merits of the proposals received in accordance with the criteria defined in the RFP.
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 proposals and to ensure that the contract is awarded to the Bidder whose proposal provides the best value to the State of Maine.
3. The Department reserves the right to communicate and/or schedule interviews/presentations with Bidders, if needed, to obtain clarification of information contained in the proposals received. The Department may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations.
4. Changes to proposals, including updating or adding information, will not be permitted during any portion of the evaluation process. Therefore, Bidders must submit proposals that present their rates and other requested information as clearly and completely as possible.
B. Scoring Weights and Process
1. Scoring Weights: Proposal scores will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria:
| Section I. |
| Preliminary Information |
Proposal materials to be evaluated in this section: all elements addressed in Part IV, Section I of the RFP.
No Points
| Section II. |
| Organization Qualifications and Experience Proposal materials to be evaluated in this section: all elements addressed above in Part IV, Section II of the RFP. |
| 40 points |
| Section III. |
| Proposed Services |
Proposal materials to be evaluated in this section: all elements addressed above in Part IV, Section III of the RFP.
30 points
| Section IV. |
| Cost Proposal |
Proposal materials to be evaluated in this section: all elements addressed above in Part IV, Section IV of the RFP.
30 points
2. Scoring Process: For proposals that demonstrate meeting the eligibility requirements in Section I, if applicable, the evaluation team will use a consensus approach to evaluate and score Sections II, III and IV 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.
3. Scoring the Cost Proposal: The total cost proposed for conducting all the functions specified in this RFP will be assigned a score according to a mathematical formula. The lowest bid will be awarded 25 points. Proposals with higher bid values will be awarded proportionately fewer points calculated in comparison with the lowest bidder.
The Scoring Formula:
(Lowest submitted cost proposal / Cost of proposal being scored) x 25 = pro-rated score
The Rate Sheet (5 points) will be evaluated by the same consensus approach described above and assigned a score.
4. Negotiations: The Department reserves the right to negotiate with the awarded Bidder to finalize a contract. Such negotiations may not significantly vary the content, nature or requirements of the proposal or the Department’s Request for Proposal to an extent that may affect the price of goods or services requested. The Department reserves the right to terminate contract negotiations with an awarded Bidder who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Department may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFP, at its sole discretion.
C. 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 RFP 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 RFP, or to pay costs incurred in procuring or contracting for services, supplies, physical space, personnel or any other costs incurred by the Bidder.
4. The Department reserves the right to reject any and all proposals or to make multiple awards.
5. Selection to be included on the PQVL is not a guarantee of work.
6. Selected vendors must submit updated documentation pertaining to Certification of Insurance, Certification/Licensure, and Rates to the RFP Coordinator on a semiannual basis.
D. Appeal of Contract Awards
Any person aggrieved by the award decision that results from the RFP 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 15 calendar days of receipt of notification of conditional contract award.
Since this RFP results in a PQVL, the appeal procedures mentioned above are available upon the original determination of that vendor list only. The appeal procedures will not be available during subsequent competitive procedures involving only the PQVL participants if cost is the sole determining factor.
E. Removal from Pre-Qualified Vendor List
The Department may remove a pre-qualified vendor from the PQVL at any time, upon giving 30 days’ written notice to the pre-qualified vendor, if the Department determines that during the pre-qualification term:
1. The pre-qualified vendor failed or refused to perform its contractual obligations,
2. The pre-qualified vendor’s performance was unsatisfactory including, but not limited to, the quality and timeliness of services provided,
3. The pre-qualified vendor no longer has the ability to perform the services specified in this RFP, or
4. The pre-qualified vendor is continually “unresponsive” to providing any feedback to the Department’s mini-bid solicitations.
F. Contract Document
If the Department chooses to at the time of selection, the selected vendors may be required to execute a State of Maine Service Contract or Master Agreement with appropriate riders as determined by the Department. Alternatively, the Department may choose to wait until a specific project has been awarded through the mini-bid process to enter into a contractual relationship with the selected vendor(s).
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
PART VI LIST OF RFP APPENDICES AND RELATED DOCUMENTS
Appendix A – Proposal Cover Page
Appendix B – Responsible Bidder Certification
Appendix C – Qualifications and Experience Form
Appendix D – Cost Proposal Form
APPENDIX A
Department of Environmental Protection
PROPOSAL COVER PAGE
RFP# 202503052
Pre-Qualified Vendor List for Natural Resource Damage Assessment and Restoration (NRDAR)
Bidder’s Organization Name:
Chief Executive - Name/Title:
Tel:
E-mail:
Headquarters Street Address:
Headquarters City/State/Zip:
(Provide information requested below if different from above)
Lead Point of Contact for Proposal - Name/Title:
Tel:
E-mail:
Headquarters Street Address:
Headquarters City/State/Zip:
· This proposal 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 Bidder’s proposal.
· No attempt has been made, or will be made, by the Bidder to induce any other person or firm to submit or not to submit a proposal.
· The above-named organization is the legal entity entering into the resulting agreement 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 proposal, both programmatic and financial, is complete and accurate at the time of submission.
Name (Print):
Title:
Authorized Signature:
Date:
State of Maine RFP# 202503052 Revised 12/13/2024
APPENDIX B
State of Maine Department of Environmental Protection
RESPONSIBLE BIDDER CERTIFICATION
RFP# 202503052
Pre-Qualified Vendor List for
Bidder’s Organization 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 proposal:
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 proposal 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 proposal 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 proposal 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: |
APPENDIX C
Department of Environmental Protection
QUALIFICATIONS & EXPERIENCE FORM
RFP# 202503052
Pre-Qualified Vendor List for
Bidder’s Organization Name:
Present a brief statement of qualifications. Describe the history of the Bidder’s organization, especially regarding skills pertinent to the specific work required by the RFP and any special or unique characteristics of the organization which would make it especially qualified to perform the required work activities. You may expand this form and use additional pages to provide this information.
Provide a description of projects that occurred within the past five (5) years which reflect experience and expertise needed in performing the functions described in Part II – Scope of Services to be Provided of the RFP. Contract history with the State of Maine, whether positive or negative, may be considered in evaluating proposals even if not provided by the Bidder.
If the Bidder has not provided similar services, note this, and describe experience with projects that highlight the Bidder’s general capabilities.
Project One
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project
Project Two
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project
Project Three
Client Name:
Client Contact Person:
Telephone:
E-Mail:
Brief Description of Project
Appendix D
Department of Environmental Protection
COST PROPOSAL FORM
RFP# 202503052
Pre-Qualified Vendor List for
Bidder’s Organization Name:
| Proposed Cost: |
| $ |
Instructions:
Bidders must complete the Hypothetical Cost Scenario below and include their current company Rate Sheet. Bidders should include any additional rates not listed in their Rate Sheet, but necessary for their organization to accurately complete the hypothetical scenario. The Rate Sheet will be fixed for the term of the initial contract.
Hypothetical Cost Scenario:
Estimate injuries and damages to environment, biota, and human health, of a 10,000-gallon discharge of diesel, onto a section of shoreline on a tidal river in Augusta, Maine. The spill extended 500 feet on soil from the discharge point emptying into the river across a 200 foot section of shoreline. Include on this form a cost proposal and the notice required for a three-person field team and appropriate equipment to mobilize and arrive at a site on a section of tidal river in Augusta, Maine, to collect baseline water samples following the oil release. The team will collect 6 near shore water samples and six offshore water samples to determine the concentration of oil compounds in the water column. Water samples will be collected for the analysis of benzene, toluene, ethylbenzene, and xylene (BTEX), total hydrocarbons (THC), polynuclear aromatic hydrocarbons (PAH) and Naphthalene.
The cost proposal must include a brief description of the collection method to be used as well as a cost breakdown for assessing damages, including mobilization/demobilization, total hourly rate for each team member (assume 8 hours of data collection), equipment needed and daily equipment rates, laboratory analytical costs and reports. In addition to a written description of your approach to this task, include the number of staff that would be assigned to this project and their qualifications. Include a cost breakdown outlining estimate costs for materials, soil erosion and sedimentation mitigation, temporary water flow bypasses around work areas, hourly rates for equipment, staff time, data collection, face to face meetings, conference calls, site visits, and other costs necessary for completing these tasks.
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