RFP 202602024 Case Management Services_ FINAL.docx

STATE OF MAINE

Maine Commission on Public Defense Services

RFP# 202602024

Case Management Services for Indigent Defendants & Youth

RFP Coordinator

Submitted Questions Due Date

March 16, 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 BIDS

D. CONTRACT TERM

E. NUMBER OF AWARDS

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. BIDDERS’ CONFERENCE

C. QUESTIONS

D. AMENDMENTS

E. PROPOSAL SUBMISSION

A. EVALUATION PROCESS – GENERAL INFORMATION

B. SCORING WEIGHTS AND PROCESS

C. NEGOTIATIONS

D. SELECTION AND AWARD

E. APPEAL OF CONTRACT AWARDS

A. CONTRACT DOCUMENT

B. STANDARD STATE CONTRACT PROVISIONS

APPENDIX A – PROPOSAL COVER PAGE

APPENDIX B – RESPONSIBLE BIDDER CERTIFICATION

APPENDIX C – QUALIFICATIONS AND EXPERIENCE FORM

APPENDIX D – SUBCONTRACTORS FORM

APPENDIX E – TECHNICAL ASSESSMENT FORM

APPENDIX F – PROPOSED SERVICES FORM

APPENDIX G – GENERAL /TECHNICAL REQUIREMENTS

APPENDIX H – COST PROPOSAL FORM

PUBLIC NOTICE

State of Maine Maine Commission on Public Defense Services

RFP# 202602024

Case Management Services for Indigent Defendants & Youth

The State of Maine is seeking proposals for case management services for indigent defendants in criminal cases and youth who are charged with offenses that, if committed by an adult, would be a criminal offense.

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 Office of State Procurement Services, via Vendor Self Service (VSS). Proposal submissions must be received no later than 4:00 p.m., local time, on March 30, 2026. 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:

Maine Commission on Public Defense Services

RFP# 202602024

Case Management Services for Indigent Defendants & Youth

PART I INTRODUCTION

A. Purpose and Background

The Maine Commission on Public Defense Services (Department) is seeking Case Management services for indigent defendants and youth as defined in this Request for Proposals (RFP) document. This document provides instructions for submitting proposals, the procedure and criteria by which the awarded Bidder will be selected, and the contractual terms which will govern the relationship between the State of Maine (State) and the awarded Bidder.

The Department is charged with providing high-quality representation consistent with constitutional and statutory obligations to defendants in criminal cases and youth who are charged with offenses that—if committed by an adult—would be crimes. 4 M.R.S.A. § 1801. Department is also obligated to consider other programs which are necessary to achieve that objective. 4 M.R.S.A. § 1801(3)(A). In many criminal and youth cases, there are proactive steps a client can take that will help them achieve more favorable case outcomes. However, there are often barriers to the client accessing the resources needed to take those proactive steps. Additionally, individualized mitigation work by the defense can result in better dispositions and lower sentences.

The Department is seeking qualified bidders who are adept at assessing a client’s strengths, challenges, and needs and are able to aid the client in getting connected with resources that could benefit them. Some resources include but are not limited to, mental health treatment, substance use treatment, medical care, case management, parenting classes, driver improvement courses, and anger management classes. This includes helping the client overcome barriers to accessing resources, including transportation, insurance, and lack of financial resources. The Department is seeking qualified bidders who are also skilled at conducting thorough mitigation investigations and reports. This includes meeting with the clients and their supports; obtaining photos, documents, and records through various means; and generating reports, videos, and/or presentations.

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 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. 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.

C. Eligibility to Submit Bids

All interested parties who have a minimum of a bachelor’s degree in psychology, sociology, social and behavioral science, social work, or related field are invited to submit bids in response to this Request for Proposals.

D. Contract Term

The Department is seeking cost-efficient proposals to provide services, as defined in this RFP, for the anticipated contract 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 the RFP and the contracting process. The actual contract start date will be established by a completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Department may opt to renew the contract for three (3) one (1) year renewal periods, as shown in the table below, and subject to continued availability of funding and satisfactory performance.

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

E. Number of Awards

· Department anticipates making three (3) awards as a result of this RFP process.

· Department will consider making awards to multiple Bidders if those Bidders are able to collectively provide services throughout the entire state.

· If a Bidder is only able to provide services in certain regions of the state, the Bidder should specify the county or counties they are able to cover in their bid.

PART II SCOPE OF SERVICES TO BE PROVIDED

A. Overview The awarded Bidder(s) must provide case management and mitigation support services to indigent defendants and youth, upon referral by eligible attorneys.

Services may be performed at locations determined by the Bidder, including the Bidder’s offices, State facilities, or in the community, as appropriate to the referral and client needs. The provision of services may require statewide travel. Authorized travel time and mileage associated with work performed pursuant to the contract will be compensable, in accordance with the terms of the contract and the Department’s invoicing requirements. The applicable mileage rate is here: https://www.maine.gov/osc/travel/mileage-other-info.

B. Functional Requirements

1. Referral-Based Service Model- The Bidder must:

· Provide services only upon request or referral from an eligible attorney.

· Establish and maintain a documented process for receiving, acknowledging, and managing referrals.

· Assign qualified case management staff to each referral and coordinate service scope and priorities with the referring attorney.

· Perform services at the Bidder’s facilities, State facilities, or in the community, as appropriate.

2. Client Engagement and Communication- The Bidder must:

· Be available to provide in-person case management services upon request.

· Meet and correspond with clients as necessary to fulfill requested services.

· Communicate with attorneys, providers, case workers, and client supports only as authorized and as needed to complete referral tasks.

· Attend meetings and court proceedings at the request of the referring attorney.

3. Assessment, Coordination, and Evaluations- The Bidder will:

· Assess client needs, strengths, challenges, and barriers relevant to the referral.

· Assist with scheduling and attending evaluations, appointments, and intake processes as requested.

· Coordinate with service providers to confirm availability, eligibility, and participation requirements.

4. Goal Support and Barrier Reduction- The Bidder must assist clients in achieving goals that may contribute to favorable case outcomes, including but not limited to:

· housing stability,

· education and employment,

· compliance with court-ordered or agreed-upon conditions, and

· restitution and financial obligations.

The Bidder must assist clients in overcoming barriers, including:

· transportation,

· insurance coverage,

· financial limitations, and

· housing.

5. Connection to Services and Resources- The Bidder must assist clients in accessing services, including but not limited to:

· mental health and substance use treatment,

· medical care,

· case management,

· parenting or anger management classes,

· childcare or any other necessary services for children in their care, and

· driver improvement programs.

The Bidder must facilitate coordination and follow-through with providers as appropriate.

6. Mitigation Services- Upon request, the Bidder must provide mitigation services, including:

· interviews with clients and people who support the client,

· document and record collection,

· preparation of mitigation reports,

· creation of demonstratives,

· assistance with client preparation for testimony.

Mitigation deliverables must be provided in formats usable by attorneys and within agreed timelines.

7. Confidentiality, Releases, and Information Handling-

· The Bidder will obtain and maintain releases of information as required.

· The Bidder must provide each client with a written explanation of:

a. scope of services,

b. confidentiality and its limits,

c. information sharing practices, prior to commencing work.

· The Bidder must respect attorney-client privilege and limit documentation to the minimum necessary for service delivery.

· Client PII must be treated as confidential and protected from unauthorized access or disclosure.

8. Statewide Resource Directory-

· The Bidder must maintain a statewide list of service providers and resources relevant to justice-involved defendants and youth.

· Provider information must be kept current and used to support timely referrals.

9. Reporting and Invoicing-

· The Bidder must provide monthly reports to the Department, including:

a. number of referrals,

b. number of clients served,

c. hours of direct client service,

d. hours spent on other activities.

· Invoices must be de-identified by client and itemized by service category, consistent with agreed formats.

· Additional documentation may be provided upon request of Department.

10. Training Services-

· At the request of the Department, the Bidder will provide trainings to eligible attorneys.

· The Bidder must maintain records of trainings delivered.

11. Staffing and Capacity-

· Each Bidder must provide a minimum of 1,500 and a maximum of 2,000 service hours annually.

· The Bidder must maintain adequate staffing and continuity to meet demand.

C. Service Onboarding and Commencement

1. Service Onboarding/Implementation

· The Awarded Bidder must complete all activities necessary to begin providing case management and mitigation services in accordance with this RFP.

· Service onboarding activities must include, at a minimum:

a. designation of primary points of contact for operational and administrative matters;

b. confirmation of referral intake procedures (e.g., email, phone, or other agreed method);

c. confirmation of confidentiality notices, release-of-information processes, and client communication protocols; and

d. confirmation of reporting and invoicing formats and submission timelines.

· The Awarded Bidder must provide the Department with any documentation reasonably necessary to support service onboarding and operational coordination.

· No system development, software configuration, data migration, or technical implementation activities are required under this RFP.

2. Service Start / Commencement

· The Awarded Bidder must be prepared to begin accepting attorney referrals by the service start date specified in the contract.

· Service readiness must include confirmation that:

a. qualified staffing is in place to meet anticipated referral volume;

b. referral intake and response procedures are operational;

c. confidentiality and information-handling procedures are active;

d. reporting and invoicing processes are ready for use.

· The Department may conduct a readiness review prior to the service start date to confirm the Bidder’s ability to commence services.

· There is no “system go-live” associated with this procurement.

D. Ongoing Service and Change Management

· The Awarded Bidder must provide ongoing case management and mitigation services throughout the contract term in accordance with the Scope of Services.

· The Awarded Bidder must maintain sufficient staffing, coverage, and internal processes to ensure continuity of services, including during staff absences or periods of increased demand.

· The Awarded Bidder must respond to referrals, inquiries, and service issues in a timely and professional manner.

· The Awarded Bidder must work collaboratively with the Department to address reasonable changes in service needs, reporting formats, or operational procedures.

· Any material change to service delivery, staffing model, reporting approach, or invoicing structure must be subject to prior written agreement by the Department.

· A material change includes, but is not limited to, changes that:

a. reduce service availability or responsiveness;

b. alter confidentiality or information-handling practices;

c. significantly modify staffing levels or coverage; or

d. affect the Department’s ability to monitor services or expenditures.

E. Technical Assessment of the Proposed System The State of Maine requires Bidders to demonstrate they have the appropriate security controls in place to protect the State’s sensitive and/or confidential information. Bidders are required to explain their compliance with the security requirements listed in the Technical Assessment Form attached in Appendix E.

F. General/Technical Requirements In addition to the Technical Assessment, Bidders are required to explain their compliance with the General and Technical Requirements listed in Appendix G.

Note: This procurement is for services, not a system. Vendors use their own tools and provide de-identified outputs to the State. The Technical Requirements establish minimum information protection safeguards consistent with the CIA assessment and the nature of the services.

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.

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)

· 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 (Technical Assessment Form)

· Appendix F (Proposed Services Form)

· Appendix G (General/Technical Requirements)

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

File 4 [Bidder’s Name] – Cost Proposal PDF format preferred, and must include:

· Appendix H (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.

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 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:

-Proof of bachelor’s degree in psychology, sociology, social and behavioral science, social work, or related field.

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. 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:

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 (File #3)

1. Technical Assessment Bidders must complete Appendix E (Technical Assessment Form) to describe the Bidder’s capability to meet the stated requirements and policies identified in this RFP.

2. Services to be Provided Bidders must complete Appendix F (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.

3. General/ Technical Requirements Bidders must complete Appendix G (General/Technical Requirements Form) to describe the Bidder’s capability to meet the stated requirements and policies identified in this RFP.

Section IV Cost Proposal (File #4)

1. Cost Proposal Form Bidders must complete Appendix H (Cost Proposal Form).

2. General Instructions

a. The cost proposal must include the costs necessary for the Bidder to fully comply with the contract terms, conditions, and RFP requirements.

b. 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 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. Section IV, the Cost Proposal, will be scored as described below.

3. Scoring the Cost Proposal: The total cost proposed for conducting all the functions specified in the 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 bid.

The scoring formula is:

(Lowest submitted cost proposal / Cost of proposal being scored) x 25 = pro-rated score

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 awarded Bidder(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 an awarded Bidder 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.

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.

PART VI CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

1. The awarded Bidder will be required to execute an IT Service Contract (IT-SC) with Confidentiality and Non-Disclosure Agreement (NDA) including appropriate riders as determined by the issuing department. Bidders shall carefully review the IT-SC.

All exceptions will be negotiated between the awarded Bidder(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 .

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 RFP which has an effective date less than fourteen (14) calendar days after award notification to Bidders. (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 RFP 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 RFP may need to be adjusted, if necessary, to comply with mandated requirements.

4. In providing services and performing under the contract, the awarded Bidder 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 Bidder in the finalization of the contract.

2. Payments and Other Provisions The State anticipates paying the awarded Bidder on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from the RFP.

PART VII 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 – Technical Assessment Form

Appendix F – Proposed Services Form

Appendix G – General/Technical Requirements

Appendix H – Cost Proposal Form

APPENDIX A

State of Maine Maine Commission on Public Defense Services

PROPOSAL COVER PAGE

RFP# 202602024

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

Maine Commission on Public Defense Services

RESPONSIBLE BIDDER CERTIFICATION

RFP# 202602024

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

Maine Commission on Public Defense Services QUALIFICATIONS and EXPERIENCE FORM

RFP# 202602024

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.

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:

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

Maine Commission on Public Defense Services

SUBCONTRACTORS FORM

RFP# 202602024

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

Maine Commission on Public Defense Services

TECHNICAL ASSESSMENT FORM

RFP# 202602024

Case Management Services for Indigent Defendants & Youth

Bidders must complete the Technical Assessment Form embedded below.

The Technical Assessment Form may be obtained by double-clicking the Excel (.xlsx) icon below.

APPENDIX F

Maine Commission on Public Defense Services

PROPOSED SERVICES FORM

RFP# 202602024

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.

APPENDIX G

Maine Commission on Public Defense Services

GENERAL/TECHNICAL REQUIREMENTS

RFP# 202602024

Case Management Services for Indigent Defendants & Youth

What follows is a detailed list of general and technical requirements for the proposed services. Responses to each requirement will determine the degree of customization required for implementation of the product in the Department’s environment. Proposals must indicate a response to all of the requirements by using the abbreviations below:

· Y – Yes The proposed solution complies with all the aspects of the requirement written and is currently a standard feature in the proposed solution. The comment must indicate how the requirement is met.

· C – Yes with customizations / modifications The proposed solution does not comply with all aspects of the requirements as written, but the Bidder agrees to modify the solution by adding additional modules, resources, configure current resources, and/or perform custom programming which will result in the solution reaching full compliance. The Bidder must describe the proposed modification, how the modification will satisfy the requirement, and when the modification will be completed.

· N – No The proposed solution does not comply with all aspects of the requirement as written, and the Bidder will not modify their solution to achieve full compliance with the requirements as written. If the requirement cannot currently be met nor met through modifications, the Bidder must indicate “N”. The Bidder must describe how not achieving this requirement will be mitigated in the solution.

Bidder explanations must be brief and relevant, though Bidders may use additional pages if necessary, ensuring the corresponding requirement number is clearly indicated.

GENERAL/TECHNICAL REQUIREMENTS

General Approach

· The Awarded Bidder must use its own systems, tools, and devices to support service delivery under this contract.

· The State will not access, operate, or administer the Bidder’s systems.

· The requirements below establish minimum technical safeguards for protecting confidential and personally identifiable information (PII) handled by the Bidder.

1.1 Access Controls (Internal to Bidder)

· Access must be limited to the minimum necessary to perform assigned duties.

1.2 Protection Of Confidential Information

1.2.1

The Awarded Bidder must protect client PII and sensitive service-related information from unauthorized access, disclosure, or misuse.

1.3 Incident Notification

· a description of the incident,

· the type of information involved,

· steps taken to mitigate impact.

1.4 Record Retention

Upon expiration or termination of the contract, or upon request by the Department, the Awarded Bidder must, as directed:

· securely dispose of such records; and/or

· provide a complete copy of applicable client records to the referring attorney or other party designated by…