RFP# 202603056 Planning and Facilitation Services Related to the LUPC_Final.docx.pdf

State of Maine RFP# 202603056 1 Rev. 11/10/2025 – DAFS/Office of State Procurement Services

STATE OF MAINE

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission

RFP# 202603056

Planning and Facilitation Services Related to the LUPC

Comprehensive Land Use Plan Update

RFP Coordinator

NAME: Stacy Benjamin

TITLE: Acting Planning Manager

EMAIL: Stacy.Benjamin@maine.gov

Submitted Questions Due Date

April 29, 2026, no later than 4:00 p.m., local time

Proposal Submission Deadline

DATE:

May 13, 2026, no later than 4:00 p.m., local time

TO: Vendor Self Service System

State of Maine RFP# 202603056 2

TABLE OF CONTENTS

Page

PUBLIC NOTICE 3

RFP DEFINITIONS/ACRONYMS 4

PART I INTRODUCTION 5

A. PURPOSE AND BACKGROUND

B. GENERAL PROVISIONS

C. CONTRACT TERM

D. NUMBER OF AWARDS

PART II SCOPE OF SERVICES TO BE PROVIDED 8

PART III KEY RFP EVENTS 11

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. QUESTIONS

C. AMENDMENTS

D. PROPOSAL SUBMISSION

PART IV PROPOSAL SUBMISSION REQUIREMENTS 13

PART V PROPOSAL EVALUATION AND SELECTION 15

A. EVALUATION PROCESS – GENERAL INFORMATION

B. SCORING WEIGHTS AND PROCESS

C. NEGOTIATIONS

D. SELECTION AND AWARD

E. APPEAL OF CONTRACT AWARDS

PART VI CONTRACT ADMINISTRATION AND CONDITIONS 17

A. CONTRACT DOCUMENT

B. STANDARD STATE CONTRACT PROVISIONS

PART VII RFP APPENDICES AND RELATED DOCUMENTS 19

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 F – COST PROPOSAL FORM

State of Maine RFP# 202603056 3

PUBLIC NOTICE

State of Maine

Land Use Planning Commission

RFP# 202603056

Planning and Facilitation Services Related to the LUPC

Comprehensive Land Use Plan Update

The State of Maine is seeking proposals for planning and facilitation services related to the Comprehensive Land Use Plan update process.

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 May 13, 2026.

Proposals will be opened the following business day.

State of Maine RFP# 202603056 4

RFP TERMS/ACRONYMS with DEFINITIONS

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

Term/Acronym Definition

CLUP Comprehensive Land Use Plan

Department Department of Agriculture, Conservation, and Forestry

GIS Geographic Information Systems

LUPC Land Use Planning Commission

RFP Request for Proposals

State State of Maine

UT Unorganized Territories

Vendor Self Service

System (VSS)

The Vendor Self Service System (VSS) web portal provides vendors with a single-entry point to register, identify the commodities/services that their company provides, look for business opportunities, and respond to solicitations.

State of Maine RFP# 202603056 5

Land Use Planning Commission

RFP# 202603056

Planning and Facilitation Services Related to the LUPC Comprehensive Land Use Plan Update

PART I INTRODUCTION

A. Purpose and Background

The Land Use Planning Commission (LUPC) within the Maine Department of Agriculture, Conservation, and Forestry (Department) is seeking proposals for planning and facilitation services related to the Comprehensive Land Use Plan (CLUP) update process 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 enabling legislation for the Land Use Planning Commission charges the Commission with preparing “an official comprehensive land use plan…for the unorganized and deorganized areas of the State.” (M.R.S. 12 §685-C). The statute further clarifies, "The commission must use the plan as a guide in developing specific land use standards and delineating district boundaries and guiding development and generally fulfilling the purposes of this chapter.” The most recent Comprehensive

Land Use Plan (Plan or CLUP), which was intended to be in place for 10 years, was adopted in 2010.

In 2012, the Maine legislature made significant changes to the statute governing the Commission’s activities (P.L. 2011, ch. 682, enacting LD 1798). A new plan would improve consistency with these changes. In addition, many of the goals and policies of the 2010 CLUP have been accomplished. A new plan would be based on current issues and information and be more forward-facing.

Much has also changed in terms of technology and data, and how people receive information. Broad-reaching communication is much easier through web-based information and the GovDelivery system.

Geographic Information System (GIS) capability has grown tremendously since 2010. A modern plan could account for these technological changes and their implications for the Commission's operations, customer service goals, efforts to improve transparency, and communication strategies going forward.

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

State of Maine RFP# 202603056 6 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. Contract Term

The Department is seeking cost-efficient proposals to provide services, as defined in th is 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 th e 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 one (1) renewal period, as shown in the table below, and subject to continued availability of funding and satisfactory performance.

State of Maine RFP# 202603056 7

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

Period Start Date End Date

Initial Period of Performance June 15, 2026 May 14, 2027

Renewal Period #1 (if needed) May 15, 2027 May 14, 2028

D. Number of Awards

The Department anticipates making one (1) award as a result of this RFP process.

State of Maine RFP# 202603056 8

PART II SCOPE OF SERVICES TO BE PROVIDED

The Land Use Planning Commission (LUPC) within the Maine Department of Agriculture, Conservation, and Forestry seeks consulting services to assist with public engagement and the development of a proposal to update the Commission’s CLUP.

The Commission has outlined a phased approach for a CLUP update. The first phase, or pre-process, includes gathering information to help identify priority issues and inform the structure and process for the second phase. The second phase is the actual process of updating the CLUP and includes broader outreach to landowners and interested parties, developing goals and policies, and completing the draft Plan. The third and final phase is the adoption process, which involves review by the Commission, leadership at the Department of Agriculture, Conservation, and Forestry (DACF), and the Maine Legislature.

The current pre-process phase is designed to allow the Commission to collect information on its service area and changes since 2010, identify priority issues, and obtain public input into the update process. The Commission recognizes that prioritization of issues to address during later phases of the CLUP update process will be controversial. Additionally, the Commission and its staff are interested parties in the update process and, therefore, may not be perceived as objective. For these reasons, the LUPC seeks an objective third party to facilitate and coordinate remaining portions of the pre-planning phase. The end result of the pre-process will be a detailed roadmap for the CLUP update: the process, the areas of focus, and the timeline. An objective consultant can build trust with participants and facilitate productive discussions between people with divergent opinions. Specifically, the Commission is seeking professional assistance to:

• Synthesize information collected and outreach conducted by LUPC staff to date;

• Prepare a proposal for five (5) community workshops, one in each of the Commission’s regions (Western, Northern, Eastern, Moosehead, Downeast), to actively engage a wide cross-section of participants who have significantly different perspectives, needs, an d goals for the future of the Commission’s Service Area;

• Present the proposal to the Commission for feedback and approval;

• Conduct the community workshops and prepare summary reports for each meeting;

• Present findings to the Commission and solicit input on the CLUP update process; and

• Based on findings and Commission feedback, prepare a detailed proposal to update the

CLUP.

• Present the detailed proposal to update the CLUP to the Commission for consideration

The Commission seeks to contract with a professional planning consultant and facilitator familiar with rural Maine to assist with planning, facilitating, and reporting meaningful public participation during the current pre-process phase. The awarded Bidder will synthesize information collected and outreach conducted by LUPC staff to date; prepare a proposal for five (5) community workshops, one (1) in each of the Commission’s regions (Western, Northern, Eastern, Moosehead, Downeast) to actively engage participants who may have significantly different perspectives, needs, and goals for the future of the UT; present the proposal to the Commission for feedback and approval; conduct community workshops and prepare summary reports for each meeting; present findings to the Commission and solicit input on the CLUP update process; and prepare a detailed proposal to update the CLUP.

This RFP seeks consulting services for planning, facilitation, and stakeholder engagement and will result in the development of a detailed proposal to update the Commission’s CLUP. All tasks will be completed in consultation with Commissioners and staff, as appropriate. Some tasks may be

State of Maine RFP# 202603056 9 concurrent.

Task A. Synthesize Information and Materials Collected to Date

1. Review all materials collected and prepared to date related to the CLUP update pre-process as available on the project website (www.maine.gov/dacf/clupdate).

2. Participate in project initiation meetings with LUPC staff and Commissioners.

3. Synthesize the information collected to date in a summary report and make any recommendations needed to address gaps.

Deliverables: Kick-off meeting with staff; summary report of pre-process to date; presentation to

Commission

Task B. Develop a Community Engagement Plan

1. Based on the summary report prepared in Task A.1., prepare a proposal for five (5) community workshops in the regions served by LUPC (Western, Northern, Eastern, Moosehead, Downeast) to actively engage a wide cross-section of participants who may have significantly different perspectives, needs, and goals for the future of the UT.

2. The proposal must include:

a. Clear goals or expected outcomes from the community meetings;

b. A specific agenda with detailed notes for each item, identifying desired outcomes for that item;

c. A description of the proposed public engagement approach and any technology tools proposed to be used to engage a variety of community participants in an inclusive and equitable manner;

d. The method for capturing feedback and meeting notes;

e. An outreach plan describing how each meeting will be advertised, including methods for contacting difficult-to-reach populations such as youth and the elderly, and, as needed, people in remote or rural locations with minimal internet or cell phone service; and

f. A schedule outlining dates, times, and locations of each meeting.

3. Present a draft proposal to the Commission for feedback.

4. Present a final proposal to the Commission for approval.

Deliverables: A draft Community Engagement Plan; presentation to Commission; final Community Engagement Plan; presentation to the Commission

Task C. Develop Community Engagement Plan Materials

1. Prepare written and presentation materials for community workshops.

2. Prepare outreach materials (website notices, GovDelivery drafts, public notices).

3. Submit draft materials to LUPC staff for review and feedback.

Deliverables: Final versions of presentation and outreach materials

Task D. Conduct the Community Workshops

1. Conduct inclusive and productive community meetings.

2. Prepare summary reports for each meeting that include:

a. A detailed summary and analysis of the outcomes from each substantive agenda item;

b. The number of participants and their affiliation ; and

c. Recommendations for addressing each substantive agenda item in the update proposal.

3. Submit draft summary reports to LUPC staff for review and feedback Deliverables: Meeting summary reports

Task E. Prepare a proposal to update the CLUP.

1. Synthesize information collected at the community meetings into a draft proposal to update the

State of Maine RFP# 202603056 10

CLUP, including the guiding principles, the process, areas of focus, and a timeline.

2. Present draft proposal to the Commission for feedback.

3. Present a final proposal to the Commission for approval.

Deliverables: Final proposal to update the CLUP; two (2) Commission presentations

Task F. General Project Management

1. Communicate regularly with LUPC staff through bi-weekly check-ins.

2. Submit deliverable drafts to LUPC staff for review a minimum of two (2) weeks prior to the intended meeting unless otherwise agreed to timing.

Table 1. Anticipated timeline of tasks and deliverables

Q4 FY 2026 Q1 FY 2027 Q2 FY 2027 Q3 FY 2027

Task A X X Task B X X

Task C X Task D X

Task E X Task F X X X X

State of Maine RFP# 202603056 11

PART III KEY RFP EVENTS

A. Vendor Self Service System (VSS)

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

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

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

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

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

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

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

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

B. Questions

1. General Instructions: It is the responsibility of all 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

State of Maine RFP# 202603056 12

Proposal Submission Deadline will be rejected without exception.

2. Delivery Instructions

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

VSS.

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

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

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

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

3. Submission Format:

a. Bidders must submit multiple files, with each file named and containing the required information as defined below.

File 1 [Bidder’s Name] – Preliminary Information

PDF format preferred, and must include:

• Appendix A (Proposal Cover Page)

• Appendix B (Responsible Bidder Certification)

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

• Appendix C (Organization Qualifications and Experience Form)

• Appendix D (Subcontractors Form)

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

File 3 [Bidder’s Name] – Proposed Services

• Appendix E (Proposed Services Form)

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

File 4 [Bidder’s Name] – Cost Proposal

• Appendix F (Cost Proposal Form)

State of Maine RFP# 202603056 13

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.

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.

State of Maine RFP# 202603056 14

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. 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 Cost Proposal (File #4)

1. Cost Proposal Form

Bidders must complete Appendix F (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.

State of Maine RFP# 202603056 15

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.

Section I. Preliminary Information (No Points)

Section II. Organization Qualifications and Experience 35

Section III. Proposed Services 40

Section IV. Cost Proposal 25

Total 100

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 points = pro-rated score

No Best and Final Offers: The State of Maine will not seek or accept a best and final offer

State of Maine RFP# 202603056 16

(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.

State of Maine RFP# 202603056 17

PART VI CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

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

All exceptions will be negotiated between the awarded 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 State Procurement

Services Forms Page

2. Allocation of funds is final upon successful negotiation and execution of the contract, subject to the review and approval of the State Procurement Review Committee. Contracts are not considered fully executed and valid until approved by the State Procurement Review

Committee and funds are encumbered. No contract will be approved based on an 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

State of Maine RFP# 202603056 18 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.

State of Maine RFP# 202603056 19

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 – Proposed Services Form

Appendix F – Cost Proposal Form

State of Maine RFP# 202603056 20

APPENDIX A

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission

PROPOSAL COVER PAGE

RFP# 202603056

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:

State of Maine RFP# 202603056 21

APPENDIX B

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission

RESPONSIBLE BIDDER CERTIFICATION

RFP# 202603056

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:

State of Maine RFP# 202603056 22

APPENDIX C

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission QUALIFICATIONS and EXPERIENCE FORM

RFP# 202603056

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

State of Maine RFP# 202603056 23

Client Contact Person:

Telephone:

E-Mail:

Project Three

Client Contact Person:

Telephone:

E-Mail:

State of Maine RFP# 202603056 24

APPENDIX D

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission

SUBCONTRACTORS FORM

RFP# 202603056

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

Contact Person:

Telephone:

Subcontractor 3

Contact Person:

Telephone:

State of Maine RFP# 202603056 25

APPENDIX E

Department of Agriculture, Conservation, and Forestry Land Use Planning Commission

PROPOSED SERVICES FORM

RFP# 202603056

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# 202603056 26

APPENDIX F

Department of Agriculture, Conservation, and Forestry

Land Use Planning Commission

COST PROPOSAL FORM

RFP# 202603056

Proposed Cost: $

Special Instructions

1. Bidders must submit a cost proposal that covers the Initial Period of Performance and the Renewal Period as defined in Part I of the RFP.

2. The total cost is considered the Proposed Cost and will be used to score the cost proposal as defined Part V, B, 3 of the RFP.

3. The Proposed Cost must be presented as a breakdown of proposed costs by task in accordance with the tasks listed in Part II of this RFP and result in a total cost of all tasks. This should include an itemized list of the costs associated with each task, such as estimated hours, hourly billing rate(s), proposed travel costs, etc.