RFP 202601011 PQVL Environmental Consulting Services - amendmenet.docx

STATE OF MAINE

Department of Environmental Protection Bureau of Remediation & Waste Management

RFP# 202601011

Pre-Qualified Vendor List for Environmental Consulting Services

RFP Coordinator

After the next proposal submission deadline, proposals may be submitted prior to the enrollment deadline while the RFP is active.

TABLE OF CONTENTS

A. PURPOSE AND BACKGROUND

B. GENERAL PROVISIONS

C. CONTRACT TERM

D. NUMBER OF AWARDS

A. QUESTIONS

B. AMENDMENTS

C. SUBMITTING THE PROPOSAL

A. EVALUATION PROCESS – GENERAL INFORMATION

B. SCORING WEIGHTS AND PROCESS

C. SELECTION AND AWARD

D. APPEAL OF CONTRACT AWARDS

RFP TERMS/ACRONYMS with DEFINITIONS

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

State of Maine Department of Environmental Protection Bureau of Remediation/Division of Remediation

RFP# 202601011

Pre-Qualified Vendor List for Environmental Consulting Services

PART I INTRODUCTION

A. Purpose and Background

The Maine Department of Environmental Protection (Department) is seeking proposals to provide environmental consulting services as defined in this Request for Proposals (RFP) document. This document provides instructions for submitting proposals, the procedure and criteria by which the Vendor(s) will be selected and the contractual terms which will govern the relationship between the State of Maine (State) and the awarded Vendor(s).

All submittals must meet the minimum requirements for the Environmental Consultant category to be considered Prequalified. If your company also meets the minimum requirements for Brownfields, your company will be able to bid on Department funded Brownfields work associated with this RFP. Each of the requirements are listed under Part II - Scope of Services to be Required.

The Department will prequalify Environmental Consultants (Vendors) to assist Department staff, primarily from the Bureau of Remediation and Waste Management (BRWM), at petroleum, hazardous substance, uncontrolled sites, brownfields, and RCRA projects, but also other tasks as requested by the Department.

The Department’s BRWM is charged with identifying and remediating threats to the environment and public health associated with the release of hazardous substances and petroleum. Through this RFP process, the Department seeks professional environmental consulting services from Vendors experienced with the science and techniques to perform investigations and remediation to protect public health and the environment, as further outlined in this RFP.

Successful Bidders responding to this RFP will be placed on a Pre-Qualified Vendor List (PQVL) and individual projects will periodically be put out to bid to the PQVL during the period of performance of this RFP through a “mini-bid” Request for Bids (RFB) process.

i. This RFP is an amended version of RFP# 202407136. Amendments include adding #8, #10 and #12 under Part I, B of the RFP and revising the submission instructions under Part III of the RFP. Vendors who were listed on the PQVL resulting from RFP#202407136 are considered pre-qualified under this RFP and do not need to submit a new proposal in response to this RFP. New vendors interested in becoming pre-qualified must respond to this RFP only, using the submission instructions defined in Part III of this RFP.

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 must 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 selected vendor’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. If awarded a contract resulting from this RFP, 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, 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.

12. 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. Eligibility to Submit Bids

1. Vendor’s field personnel must have satisfactorily completed 40-hour HAZWOPER safety training and maintain a current OSHA field certification for working on hazardous substance and petroleum remediation sites.

2. Vendors must have a Maine Licensed Geologist on staff/payroll.

3. Some tasks may require a Maine Licensed Professional Engineer; Vendors who wish to bid on these projects must have a Maine Licensed Professional Engineer on staff or be able to sub-contract with a Maine Licensed Professional Engineer if the RFB calls for one.

The Department is seeking cost-efficient proposals to provide services, as defined in this RFP, for the anticipated Pre-Qualified Vendor List period 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 this RFP process. Utilization of a PQVL for will begin once the RFP process has been finalized.

The term of the anticipated PQVL, resulting from the RFP, is defined as follows:

This RFP offers an annual enrollment for new vendors to be included on the PQVL. Once selected, vendors do not need to reapply during an 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.

Vendors currently on the PQVL resulting from RFP#202407136 will be included on the list resulting from this RFP.

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

For the purposes of this RFP the Scope of Work includes, but is not limited to:

1. Vendor’s field personnel must have satisfactorily completed 40-hour HAZWOPER safety training and maintain a current OSHA field certification for working on hazardous substance and petroleum remediation sites.

2. Vendors must have a Maine Licensed Geologist on staff/payroll.

3. Some tasks may require a Maine Licensed Professional Engineer; Vendors who wish to bid on these projects must have a Maine Licensed Professional Engineer on staff or be able to sub-contract with a Maine Licensed Professional Engineer if the RFB calls for one.

4. Vendors must be able to submit environmental data (laboratory data and field data) to the Department in a Department-approved Electronic Data Deliverable (EDD) format for uploading to the Department databases, such as EGAD. Failure to provide complete and properly formatted EDDs could subject the Vendor to removal from the PQVL or rejection of payment for environmental data gathering tasks until the data is received in an acceptable format. For more information on EDDs and EGAD, visit the Department’s website: https://www.maine.gov/dep/maps-data/egad/#ed.

5. Vendors must be able to demonstrate direct experience conducting hazardous substance and/or petroleum site investigations (3 projects within the past 5 years). This can include, but is not limited to:

a. Performing Phase I and Phase II Environmental Site Assessments;

b. Maine Voluntary Response Action Program (VRAP) investigations and clean-ups;

c. CERCLA investigation, management, and remediation;

d. RCRA closure or corrective action program projects; and

e. Other hydrogeologic, investigation, and remediation planning and implementation.

The referenced projects should include experience following the Department’s policies, procedures and guidelines including, but not limited to:

a. Compendium of Field Testing of Soil Samples for Gasoline and Fuel Oil;

b. Ground and Surface Waters Clean-up and Response Fund;

c. Maine Remedial Action Guidelines for Contaminated Sites (RAGs);

d. Bureau of Remediation and Waste Management Standard Operating Procedures (SOPs).

Together, the 3 projects must demonstrate the Vendor’s capacity to cost-effectively:

a. Determine the fate and transport of hazardous substances and petroleum in various media;

b. Determine the risk those contaminants pose to public health and the environment;

c. Develop remedial alternatives;

d. Implement selected remedies;

e. Clearly communicate orally and in writing the Vendor’s findings, conclusions, and actions, to a wide variety of audiences; and

f. Use appropriate methods and tools to undertake the work.

6. To be eligible to bid on Brownfields RFBs funded by the Department’s Brownfields Program, the consultant must provide proof of a current (less than 5 years old) USEPA Region 1 and Department approved generic Brownfields Quality Assurance Project Plan (QAPP). The QAPP may be submitted to the USEPA and the Department for approval at any time during the contract period. The Vendor will be eligible to bid on Department funded Brownfields RFBs once evidence of the approved QAPP has been received by the Department.

A. Tasks

Work awarded through the RFB process will be commissioned with task orders that specify the scope of work to be performed for a specified cost, and that are signed by the Department’s representative and the Vendor’s representative for the project. Certain tasks may require a Maine Licensed Geologist or Maine Licensed Professional Engineer. Details of tasks will be specified in individual RFBs, but such tasks resulting from this RFP may include, but are not limited to, the following:

1. Conduct Initial Site Assessment Vendors may be called upon to conduct an initial site assessment for projects assigned. This assessment may take the form of a Phase I Environmental Site Assessment (ESA), conducted in accordance with ASTM 1527 and USEPA’s All Appropriate Inquiries Rule, as specified in RFBs. The general goal of the initial site investigation is to become familiar with the site characteristics, site history (including previous work conducted), and identify potential areas and chemicals of concern. ASTM 1527 requires that an “Environmental Professional” be used to prepare Phase I ESAs. Tasks performed as part of the initial site investigation may include, but are not limited to, the following:

a. Historical records search/past site use;

b. Deed research;

c. Department file review;

d. Identification of local drinking water supplies and surface water bodies;

e. Definition of geological setting;

f. Site walk over and reconnaissance;

g. Visual survey of neighboring properties;

h. Interviews with current and previous owners, operators and site occupants; and

i. Interviews with local, State and Federal officials.

Initial site assessments may include the development or update of a preliminary conceptual site model which will serve to guide future phases of site work. The findings of the initial site investigation will be provided in a written report.

2. Develop Investigation Work Plan Vendors may be asked to submit a work plan for further environmental site investigation (Phase II ESA), at the discretion of the Department. The work plan should take the form of a site-specific work plan (for Brownfields sites this will be a site-specific QAP), which includes a budget. The work plan will detail recommendations for investigating areas of concern identified in the initial site assessment or as otherwise identified by the Department. The work plan will address each area of concern and environmental condition identified in the initial site investigation and propose a method of adequately investigating the associated concern, unless otherwise directed by the Department. Proposed sample locations, sample types, sample methodology, analysis and rationale for each proposed sample.

3. Develop Site Specific Health and Safety Plan Before beginning Phase II site investigation activities, the Vendors may be tasked with developing a Site-Specific Health and Safety Plan (SSHASP). The SSHASP will list personnel health and safety requirements and procedures, relative to the project site and the work proposed in the work plan for the project. For each field task during site investigation the SSHASP shall identify and or discuss:

a. Potential problems and hazards and their solutions;

b. Environmental surveillance measures including the monitoring of airborne contaminants released during site activities which may affect site workers and the local populations;

c. The appropriate level and rationale for selecting respiratory protection;

d. Specifications for protective clothing and other personal protective equipment (PPE), as well as criteria and procedures for upgrading the level of PPE required;

e. Criteria and procedures for suspending activity;

f. The exclusion zone, contamination reduction zone and clean area for on-site activities;

g. Health and safety screening equipment to be used on-site during field activities;

h. A list of emergency contact phone numbers including fire, police, ambulance and hospital; and

i. Directions to the nearest hospital.

4. Conduct Site Investigation Upon the Department’s approval of the work plan, the Vendors will implement and oversee the site investigation. The site investigation may include sampling the various media (soil, water, sediment, soil gas, indoor air, building materials, tank contents, etc.). The scope of the investigation may also include the installation of groundwater monitoring wells, vapor intrusion assessment, building material surveys, aquifer evaluation (overburden, bedrock), private and public drinking water supply exploration, surface water and wetland evaluation and any other investigation tasks requested by the Department in order to investigate and quantify identified concerns. The information will be presented in a written report that summarizes the investigation and clearly addresses the nature and extent of concerns identified in the initial site investigation. The conceptual site model should also be refined as necessary, based on the findings of the site investigation. Reports should include tables, figures, and photo documentation.

5. Routine Monitoring Vendors may be asked to conduct routine monitoring at a site. This monitoring may consist of the collection and analysis of environmental samples and/or data. Data will be submitted to the Department in written and EDD formats in accordance with Department procedures.

6. Conduct Feasibility Study The selected Vendor may be asked to conduct a feasibility study that evaluates the efficacy, efficiency, environmental impact and cost effectiveness of potential solutions to the various project concerns identified and quantified in the previous site investigation phases. The study will be summarized in a written report presented to the Department.

7. Develop Remedial Work Plan Vendors may be asked to develop a work plan to implement the remedial solution selected from the feasibility study. The remedial work plan will include a description of the selected solution, pre-design studies if necessary, steps to be taken to implement and monitor the effectiveness of the solution, equipment to be used, site restoration, best management practices, a detailed budget and work schedule. The work plan will be submitted to the Department for review and approval.

8. Implementation of Remedial Solutions Vendors will implement Department approved remedial activities. Vendors are responsible for ensuring that the activities are completed as described in the work plan. The Department must approve any significant variation from the work plan. A written summary of remedial activities will be presented to the Department at the conclusion of the project.

9. Operation and Maintenance of Remediation Systems Vendors may be asked to oversee the operation and maintenance of ongoing remediation systems. This will include routine monitoring, maintenance, and reporting as necessary, to ensure the continued effectiveness of the system.

B. Additional Responsibilities

Vendors and their selected sub-contractors, if applicable, may also be responsible for the following, as necessary:

a. Secure site access;

b. Make all notifications to appropriate agencies and entities before, during and after initiating site work (DigSafe, Municipalities, State and Federal Agencies, etc.);

c. Obtain all required licenses, permits and permissions requisite to site investigation, remedial actions and disposal of hazardous and non-hazardous wastes;

d. Ensure that site workers are trained and qualified to work at hazardous substance sites in accordance with OSHA standards (i.e., 29 CFR 1910.120, 29 CFR 1910.146, etc.);

e. Oversee hired sub-contractors and ensure that site work is conducted in accordance with applicable State and Federal laws and regulations;

f. Follow Best Management Practices for controlling soil and erosion;

g. Conduct boundary surveys;

h. Assist the Department in public presentation of investigation findings and remediation plans; and

i. Attend and assist Department staff at meetings with the public, responsible parties, government officials or other interested parties.

C. Program Specific Requirements Programs within the Department have specific requirements that they must adhere to as part of their QAPP, grant requirements, or ongoing processes. Vendors submitting proposals to work on projects associated with these programs must be willing to comply with those requirements. Vendors not meeting program requirements may not be eligible to bid on projects within the respective program(s), at the discretion of the Department. Some examples of program specific requirements are:

Brownfields The Initial Site Assessment tasks completed under Brownfields must meet the most current ASTM Standard Practice for Phase I ESAs (E1527) and EPA’s AAI rule. The development of a Conceptual Site Model should meet the current ASTM Standard Guide for Developing Conceptual Site Models for Contaminated Sites (ASTM E1689). The Site Investigation task should meet the most current ASTM Standard Practice for Phase II ESAs (ASTM E1903). The Feasibility Study must be completed in accordance with the USEPA Analysis of Brownfields Cleanup Alternatives (ABCA) guidelines. The selected Vendor may also be asked to complete reporting requirements required by USEPA grant terms and conditions (MBE/WBE, ACRES, etc.).

Petroleum Program The petroleum and leaking underground storage tank programs have investigation and reporting requirements for sites on the Petroleum Priority List, including tasks for site closure and Department Chapter 691 requirements. Selected Vendors may be asked to complete the steps necessary for investigation closure of a petroleum or underground storage tank site in accordance with the Maine Ground and Surface Waters Clean-up and Response Fund.

This is not an exclusive list of program requirements. Project requirements will be detailed in the project-specific RFBs.

D. Evaluation Procedure Vendors that perform work for the Department under any RFBs, tasks, and/or contracts that result from this RFP may be subject to an assessment and evaluation procedure, at the sole discretion of the Department. Such evaluation will generally consist of project performance assessments at the completion of, or during, the performance of tasks

PART III KEY RFP EVENTS

A. Vendor Self Service System (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.

All other questions received following the Initial Submitted Questions Due Date will be addressed by updating the Q&A Summary no later than seven (7) calendar days prior to the next enrollment deadline.

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. If a Bidder misses the initial deadline, once the RFP is re-opened in VSS, they may resubmit their proposal for consideration in the next enrollment period.

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)

· And all required eligibility documentation stated in PART IV, Section I.

File 2 [Bidder’s Name] – Organization Qualifications and Experience PDF format preferred, and must include:

· Appendix C (Organization Qualifications and Experience Form)

· Appendix D (Subcontractors Form)

· And all required information and attachments stated in PART IV, Section II.

File 3 [Bidder’s Name] – Proposed Services PDF format preferred, and must include:

· Appendix E (Proposed Services Form)

· And all required information and attachments stated in PART IV, Section III.

File 4 [Bidder’s Name] – Rate Sheet Excel or PDF format preferred, and must include:

· Company Rate Sheet

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.

Bidders’ proposals 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. Bidders must 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 (File #1)

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.

3. Eligibility Requirements Bidders must provide documentation to demonstrate meeting eligibility requirements stated in PART I, C. of the RFP. This documentation includes:

A. Vendor’s field personnel must have satisfactorily completed 40-hour HAZWOPER safety training and maintain a current OSHA field certification for working on hazardous substance and petroleum remediation sites.

B. Vendors must have a Maine Licensed Geologist on staff/payroll

C. Acord Insurance Certificate

D. Some tasks may require a Maine Licensed Professional Engineer; Vendors who wish to bid on these projects must have a Maine Licensed Professional Engineer or subcontract with one

Section II Organization Qualifications and Experience (File #2)

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 Bidders must complete Appendix D (Subcontractors Form) to provide a list that specifies the name, address, phone number, contact person, and a brief description of organizational capacity and qualifications for any subcontractors to be used. If no subcontractors will be used, indicate as such on the form.

3. Organizational Chart Bidders must provide an organizational chart. The organizational chart must include the project being proposed. 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 the following information for each of the past three (3) tax years:

a. Balance Sheets

b. Income (Profit/Loss) Statements

6. Licensure/Certification Bidders may provide documentation of any applicable licensure/certification or specific credentials that are related to providing the proposed services of the RFP. This documentation may include: Maine licensed lead or asbestos inspector, certified UST installer, etc.

7. 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 (File #3)

1. Services to be Provided Bidders must complete Appendix E (Proposed Services Form) to 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. 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 Rate Sheet (File #4)

1. Bidders must submit a current rate sheet. 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.

2. General Instructions

a. 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.

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. The proposal materials that will be evaluated under each section below are identified in Part IV of the RFP.

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.

No Best and Final Offers: The State of Maine will not seek or accept a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their best value pricing with the submission of their proposal.

C. Negotiations

1. The Department reserves the right to negotiate with the selected vendor(s) 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.

2. The Department reserves the right to terminate contract negotiations with a selected vendor who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP.

3. 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.

D. 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 an annual basis.

E. 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 fifteen (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.

F. 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.

G. Contract Document

If the Department chooses to at the time of selection, the selected vendor(s) 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).

All exceptions will be negotiated between the selected vendor(s) and the State. The State will not accept any proposed exceptions as part of this RFP 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

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 – Subcontractors Form

Appendix E – Proposed Services Form

APPENDIX A

State of Maine Department of Environmental Protection

PROPOSAL COVER PAGE

RFP# 202601011

Bidder 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 contract with the Department if they are 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:

APPENDIX B

Department of Environmental Protection

RESPONSIBLE BIDDER CERTIFICATION

RFP# 202601011

Bidder 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 and EXPERIENCE FORM

RFP# 202601011

Bidder 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. The Bidder may expand this form and use additional pages to provide this information.

Provide a description of projects the Bidder performed which occurred within the past five (5) years and reflect experience and expertise needed in performing the functions described in Part II – Scope of Services to be Provided of the RFP. The Bidder may expand this form and use additional pages to provide this information.

Project One

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Project Start/End Dates:

Brief Description of Project

Project Two

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Project Start/End Dates:

Brief Description of Project

Project Three

Client Name:

Client Contact Person:

Telephone:

E-Mail:

Project Start/End Dates:

Brief Description of Project

APPENDIX D

Department of Environmental Protection

SUBCONTRACTORS FORM

RFP# 202601011

Bidder Name:

Subcontractors If subcontractors are to be used, Bidders must use the tables below to describe the name, address, phone number, contact person, and a brief description of the subcontractors’ organizational capacity and qualifications.

Subcontractor 1

Subcontractor Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

Subcontractor 2

Subcontractor Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

Subcontractor 3

Subcontractor Name:

Contact Person:

Telephone:

E-Mail:

Brief Description of Anticipated Role and Qualifications

APPENDIX E

Department of Environmental Protection

PROPOSED SERVICES FORM

RFP# 202601011

Pre-Qualified Vendor List for Environmental Services

Bidder Name:

Services to be Provided Bidders must discuss the Scope of Services referenced 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. 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.

State of Maine RFP# 202601011 1 Rev. 11/10/2025 – DAFS/Office of State Procurement Services image1.jpeg