RFP 202605094 PackagingStewardshipOrganization_Final.docx

STATE OF MAINE

Department of Environmental Protection Division of Materials Management

RFP# 202605094

Stewardship Program for Packaging Stewardship Organization

RFP Coordinator

Attendance is mandatory for all bidders.

Submitted Questions Due Date

June 29, 2026, no later than 11:59 p.m., local time

no later than 11:59 p.m., local time

TABLE OF CONTENTS

State of Maine RFP# 202605094 1 Rev. 4/17/2026 – DAFS/Office of State Procurement Services

PUBLIC NOTICE

State of Maine Department of Environmental Protection

RFP# 202605094

Stewardship Program for Packaging Stewardship Organization

The State of Maine is seeking proposals for a stewardship organization (SO) to operate the Stewardship Program for Packaging (Program) for a maximum 10-year period. This RFP provides details for how the SO will establish and operate the Stewardship Program for Packaging pursuant to 38 M.R.S. § 2146 and 06-096 C.M.R. ch. 428, with the goals of reducing the burden to municipalities of managing packaging waste and improving the design and management of packaging material.

A copy of the RFP and all related documents can be obtained through Vendor Self Service (VSS): https://mevss.hostams.com/PRDVSS1X1/AltSelfService

A mandatory Bidders’ Conference will be held virtually on June 29, 2026, at 10:00 a.m. Register here: https://events.gcc.teams.microsoft.com/event/add76b63-a53b-45ed-b7ca-b04be48537fa@413fa8ab-207d-4b62-9bcd-ea1a8f2f864e

Proposals must be submitted to the Office of State Procurement Services, via Vendor Self Service (VSS). Proposal submissions must be received no later than 11:59 p.m., local time, on August 3, 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:

State of Maine Department of Environmental Protection Division of Materials Management

RFP# 202605094

Stewardship Program for Packaging Stewardship Organization

PART I INTRODUCTION

A. Purpose and Background

The Department of Environmental Protection (Department) is seeking proposals for a stewardship organization (SO) for the Stewardship Program for Packaging 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 Stewardship Program for Packaging is a new Department Program with objectives to reduce the burden to municipalities of managing packaging waste and improve the design and management of packaging material. The awarded Bidder will be responsible for establishing and managing the day-to-day program operations with Department oversight, in accordance with Stewardship Program for Packaging, 38 M.R.S. § 2146 and Stewardship Program for Packaging, 06-096 C.M.R. ch. 428.

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 records and documents regarding this RFP, including bid submissions, will be public records, available for public inspection pursuant to 5 M.R.S. §1825 B (6 &15) and the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. § 401 et seq.). State contracts and information related to contracts, including all records, documents, supporting documents, and bid submissions, are public records unless otherwise excepted by statute (Id).

8. Subject to the above and pursuant to applicable law, 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. ACCESSIBILITY: All IT applications are required to comply with the Digital Accessibility Policy. In addition, all IT applications and content delivered through web browsers are required to comply with the State Web Standards.

11. STATE IT POLICIES: All IT products and services delivered as part of this Agreement shall conform to the State IT policies, standards, and procedures effective at the time this RFP is published.

12. 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.

13. 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 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) renewal periods, as shown in the table below, and subject to continued availability of funding and satisfactory performance as determined by the Department.

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

D. Number of Awards

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

PART II SCOPE OF SERVICES TO BE PROVIDED

The Stewardship Organization (SO) shall be responsible for administering the State of Maine’s Stewardship Program for Packaging established under 38 M.R.S. § 2146 and 06-096 C.M.R. ch. 428, including all programmatic, administrative, and technological functions necessary for full implementation and ongoing operation, under the oversight of the Department.

The awarded Bidder shall:

1. manage all technical solutions;

2. manage the Packaging Stewardship Fund (Fund) overseeing financial collection, disbursement, and investment activities;

3. plan and execute program assessments;

4. conduct municipal and producer outreach; and

5. ensure compliance of all program activities with Department rules, statutes, and reporting obligations.

A. Technical Solution Functional Requirements The awarded Bidder will be responsible for designing, implementing, and maintaining an integrated digital solution—consisting of a secure multi-user portal, a public-facing website, and a field data collection application—to support the program’s reporting, funding, and data management needs.

Core solution responsibilities shall include:

1. Public Website: Publication of program updates, highlights, and resources; display of program performance dashboards; publication of public documents; mechanisms for stakeholder input (e.g., packaging material type feedback, full investment proposal requests, and technical assistance requests); and a gateway to the secure portal.

2. Portal Functions: Producer registration (start-up and annual), annual reporting for producers, municipalities, and investment recipients, investment proposal submissions, invoicing and reimbursement, and disbursement of awarded funds.

3. Field Application: Data collection in support of program assessments, with offline capabilities and integration into the portal database.

The system must enable efficient data collection, validation, analysis, and reporting; ensure transparency and accountability in fund management; and provide administrative oversight capabilities for the Department.

The requirements below describe the functional capabilities the system must deliver to meet these objectives.

1. Public Website The website, including any documents posted on the website, shall comply with U.S. Department of Justice rules regarding Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, 28 C.F.R. Part 35.

The website shall provide intuitive navigation pathways that allow users access to webpages for: Home, Performance, Investments, Resources, and Engagement.

The website shall provide a Home page that at minimum includes:

A secure gateway to the Portal, clearly differentiating access for producers, municipalities, investment applicants, and other stakeholders;

A Program Updates Dashboard highlighting recently published reports, newly awarded investments, updates to rules or statutes, upcoming program deadlines, current engagement opportunities (Department presentations, litter audits, outreach, etc.), and other relevant information as determined by the Department; and A Technical Assistance Request Mechanism that allows the public to seek assistance in navigating the site and portal and reporting errors in functionality or content.

The website shall provide a Performance page that at a minimum includes:

Program Performance Dashboards that display progress toward all program goals and benchmarks.

The website shall provide an Investments page that at a minimum includes:

A Major Investment Needs Dashboard, that displays progress toward the major investment needs as determined by the Statewide Recycling Needs Assessment and provides a copy of the savings plan;

An Awarded Investments Dashboard, that displays the progress made on awarded investment outcomes;

An Investment Proposal Submission section, that summarizes the process for submitting an investment proposal and provides a link to the investment proposal submission mechanism within the Portal; and A Full Investment Proposal Request section, that summarizes the process for requesting access to a full investment proposal submission(s) in accordance with 06-096 C.M.R. ch. 428, § 18(C)(1) and provides a link to the request mechanism to be developed and maintained by the awarded bidder.

The website shall provide a Resources page that at minimum includes:

A searchable, filterable Public Resource Repository containing all published reports, program guidance, relevant statutes or rules, and other relevant program documents.

The website shall provide an Engagement page that at a minimum includes:

A Packaging Material Types List Stakeholder Input Mechanism, that allows the public to suggest changes and provide supporting documentation in accordance with ch. 428, § 5(B)(1).

All public submission forms shall include automated data validation, confirmation messaging, and notification to program administrators upon receipt.

2. Producer Registration, Reporting, Invoicing, and Accepting Payment

a. The system shall provide producer registration workflows (start-up and annual registration) that capture all data fields required by 06-096 C.M.R. ch. 428, § 8–9 and provide real-time validation and context help (tooltips, examples).

i. The awarded bidder shall ensure that go-live for producer start-up registration is within 60 days of contracting with the Department or by the deadline agreed to in the awarded bidder’s contract with the Department.

b. The system shall auto-generate producer start-up invoices in accordance with 06-096 C.M.R. ch. 428, § 8.

c. The system shall provide an annual reporting interface for producers that are not low-volume producers to report data, in accordance with 06-096 C.M.R. ch. 428, § 9(B) and for low-volume producers to report data, in accordance with 06-096 C.M.R. ch. 428, § 9(C), during annual program reporting due by May 31st of each calendar year.

i. The interface shall allow producers to upload supporting documentation (methodology documents, audit certificates, certificates of no intentionally added toxics) and associate them to specific data fields.

ii. The interface shall allow producers to report packaging materials by brand, material type, total weight (in tons and to the nearest kg or lb), post-consumer recycled content weight, refill/reuse status, and labeling status — with methodology selection for each weight field and optional “Other” free-text justification.

iii. The interface shall provide a “save draft” feature and shall allow producers to preview calculated invoices before final submission.

iv. The interface shall provide an auditing module allowing the awarded bidder to conduct and track quality assurance reviews and random audits. The module shall include an interface for corrective action measures and follow-up plans.

d. The system shall provide a dedicated interface where qualifying producers can submit a waiver from the post-consumer recycled material incentive fee request in accordance with 06-096 C.M.R. ch. 428, § 10(A)(3)(a).

i. The interface shall present the Department-approved waiver form electronically, support digital completion and submission, and allow producers to upload supporting documentation.

ii. The system shall route submitted waiver requests through a configurable internal review and approval workflow with role-based access for Department and Stewardship Organization staff.

iii. The system shall track waiver status (e.g., submitted, under review, approved, denied) and record all decisions in an auditable and printable log.

e. The system shall auto-generate annual producer invoices using fee calculations for non–low-volume producers, in accordance with 06-096 C.M.R. ch. 428, § 10; and for low-volume producers, in accordance with 06-096 C.M.R. ch. 428, § 9(C) by July 1st of each calendar year.

ii. The system shall automatically adjust producer invoices to:

(1) Reflect material managed through Department-approved Alternative Collection Programs, per 06-096 C.M.R. ch. 428, § 11;

(2) Account for overpayments and carryover balances, including interest on excess start-up registration fees, per 06-096 C.M.R. ch. 428, § 8(B); and

(3) Account for excess program funding, per 06-096 C.M.R. ch. 428, § 19(B).

iii. The system shall itemize invoices to show, annual registration fees; packaging material type fees; incentive fees; and tons reported by packaging material type and cost per ton, in accordance with 06-096 C.M.R. ch. 428, § 16.

3. Municipal Reporting and Reimbursement

a. The system shall provide a municipal interface for submission of cost reporting consistent with municipal cost reporting plans and the cost elements listed in 06-096 C.M.R. ch. 428 (labor, equipment, structure, energy, contractor costs, profit/overhead).

i. The interface shall include access to the municipality’s complete cost study or the cost studies used to determine their reimbursement.

ii. The interface shall provide a mechanism for notifying the awarded bidder of any relevant changes requiring a follow-up cost-study in accordance with 06-096 C.M.R. ch. 428, § 14(A)(2).

iii. The interface shall capture change descriptions, supporting documentation, and the effective date of change.

iv. Submitted notifications shall automatically trigger alerts to Department and SO administrators and route to the appropriate review queue for evaluation and scheduling of a follow-up cost study.

v. The system shall track notification status (e.g., submitted, under review, resolved) and maintain a timestamped audit log of all related actions.

vi. The interface shall allow municipalities to submit rationale, supporting evidence, or documentation justifying the proposed changes.

vii. Submissions shall be routed through a configurable review workflow with tracking, decision recording, and administrative notification.

viii. Approved modifications shall be stored in version-controlled records, with prior definitions retained for audit and historical reference.

b. The system shall allow municipally-affiliated contractors to submit required cost and transport data associated with municipal reporting (with appropriate permissions and role separation).

c. The system shall auto-generate municipal reimbursements in accordance with 06-096 C.M.R. ch. 428, §§ 6 and 7 by October 1st of each calendar year and provide a detailed breakdown per packaging material type and calculation traceability for audit purposes.

d. The system shall provide municipalities with an interface for suggesting changes to the Similar Municipalities definition in accordance with 06-096 C.M.R. ch. 428, § 15(C).

4. Investment Proposals, Approval, Reporting, and Fund Disbursement

a. The system shall provide an investment proposal interface in accordance with 06-096 C.M.R. ch. 428, § 18(B)(1), that captures required metadata, attachments, and proposal details and supports draft saving, completeness, and eligibility validation.

i. The interface shall allow submitters to include an analysis of best practices for municipal recycling programs, per 38 M.R.S. § 2146(5)(K).

ii. The interface shall provide applicant dashboards for status tracking (e.g., received, under review, revisions requested, approved, rejected) and automated notifications for status changes.

b. The system shall provide internal review workflows that allow assignment to reviewers, collaborative comments, version history, and audit trails for all review decisions and communications.

c. The system shall provide an internal survey construction tool that allows reviewers to create a survey that garners stakeholder feedback on the investment proposals being evaluated in accordance with 06-096 C.M.R. ch. 428, § 18(C)(2).

d. The system shall provide an investment recipient interface for submission of progress and expenditure reports through the portal, maintaining full linkage between investment activity and Fund financial tracking.

i. The interface shall notify the Department when reporting has been submitted, in accordance with 06-096 C.M.R. ch. 428, § 18(F).

ii. The interface shall auto-generate approved investment disbursements and maintain recipient contract records. The Investment Recipient Interface shall serve as a gateway to the Fund, ensuring all disbursements, fund allocations, and reconciliations are processed through the Fund accounting system.

5. Packaging Stewardship Fund and Financial Operations

a. The system shall provide a Fund administration module to record deposits, disbursements, allowance of administrative fees, produce audit-ready reports of Fund activity, and house a repository for quarterly internal financial reports.

i. The system shall provide role-based financial dashboards and on-demand report generation capabilities that allow authorized users to produce Fund activity reports for any selected period (e.g., monthly, quarterly, annually, or custom date range).

ii. The system shall support integration with a secure payment gateway to accept producer payments and to disburse municipal reimbursements, investment funding, operational fees, and Department fees when appropriate (Fund accounting maintained within the Portal).

iii. The system shall notify Department staff when new quarterly internal financial reports are available to view in the system.

b. The system shall reflect the operational independence of the Stewardship Organization in managing day-to-day Fund activities, while maintaining clear traceability and audit access for the Department as the legal owner of the Fund.

c. The system shall track start-up registration fee collection, annual payments, and any overpayments, with calculation of interest or carryover balances if applicable per statute.

d. The system shall include functionality to identify producer overpayments and apply interest-bearing compensation in accordance with statutory or rule-based provisions.

e. The system shall automatically calculate applicable interest, maintain audit records of the adjustment, and reflect resulting balances or credits in the producer’s account statement.

f. The system shall generate the required annual $300,000 administration fee transaction to the Department and support the reporting needed to reconcile that payment.

g. The system shall annually determine whether excess funding exists in the Fund, in accordance with 38 M.R.S. § 2146(12) and 06-096 C.M.R. ch. 428, § 19.

i. When excess funding is identified, the system must calculate reductions to producer payment obligations, to be approved and applied by the awarded bidder in accordance with 06-096 C.M.R. ch. 428, § 19(B) ensuring that no refunds are issued; reductions apply only to future producer payment obligations.

6. Field Data Collection Application

a. The system shall provide a Field Data Collection Application (Field App) that: works offline and online, is accessible on phones and tablets, captures GPS coordinates, allows photo/video/audio attachments, supports Universal Product Code (UPC) scanning, and stores form data locally until synced to the Portal.

i. The awarded bidder shall ensure that go-live for the Field Data Collection Application is prior to the first field season in 2026 to follow contracting with the Department.

b. The system shall provide configurable dynamic forms and workflows for assessments (statewide recycling needs, cost studies, representative audits, site-specific audits, disposal audits, producer verification). Forms shall be configurable by administrators.

c. The system shall support pre-synchronization validation checks and present user-friendly error messages so field users can resolve issues before syncing.

d. The system shall retain a full audit trail of field activities (who collected what, when, and location) and associate field media to the relevant audit record.

e. The system shall be designed to accommodate recurring data collection activities associated with the program’s audit and assessment schedule, including at minimum 12 cost studies per year conducted twice annually (spring and fall), periodic material audits every 5 years, and statewide recycling needs assessments every 10 years, with sufficient data storage, processing, and retrieval capacity to manage these volumes and associated media files (e.g., photos, videos, UPC data and GPS data).

7. Data Validation, Quality Controls and Audit Workflows

a. The system shall store all files securely and associated with the relevant reporting record.

b. The system shall implement real-time input validation for external reporting with contextual help and shall flag anomalies (e.g., year-over-year variances beyond thresholds) for administrator review.

c. The system shall enable SO administrators to return submissions for correction, request supporting documentation, approve/reject data, and maintain timestamped audit logs of all administrative actions.

d. The system shall provide a dashboard for monitoring submission statuses (submitted, pending, under review, overdue) and support escalation workflows.

8. Performance Tracking and Visualization

a. The system shall provide authorized Department and Stewardship Organization users with an interface to view, filter, and aggregate program data across producers, municipalities, and reporting periods.

i. The interface shall support benchmarking and trend analysis, enabling comparison of key performance metrics such as recovery rates, post-consumer recycled content levels, and cost efficiency across entities and timeframes.

ii. The interface shall provide internal dashboards with drill-down capability to municipality and material-type level data for authorized users.

b. The system shall provide public dashboards with aggregated metrics only and shall protect PII and commercially sensitive data.

c. The system shall produce downloadable reports in common formats (CSV, XLSX, PDF) suitable for publication and for Department review.

9. Program Assessment and Audit Management

a. The system shall provide modules or workflows to support the Program Assessments Plan, including scheduling, sample tracking, collection of audit data, analysis, and report generation for: complete cost studies, follow-up cost studies, representative audits, site-specific audits, disposal audits, producer reporting audits, and statewide recycling needs assessment.

b. The system shall store sampling metadata, sampling dates, sample sizes, and statistical confidence/precision parameters and shall support the two-season sampling requirement (one sample Sept–May; one sample June–Aug).

c. The system shall produce audit-ready documentation and support traceability from raw sample records through aggregated metrics used in calculations and invoicing.

B. Packaging Stewardship Fund Functional Requirements The awarded bidder shall be responsible for establishing and maintaining a Packaging Stewardship Fund (the Fund) for the purposes outlined in 38 M.R.S. § 2146(12). The Fund shall be administered to: reimburse participating municipalities, according to 38 M.R.S. § 2146(12)(A); cover the operating costs of the stewardship organization, according to 38 M.R.S. § 2146(12)(B); pay applicable fees to the Department, according to 38 M.R.S. § 2146(12)(C); and support investments in infrastructure and education, according to 38 M.R.S. § 2146(12)(D).

1. The Fund is a private fund that is established and managed by the awarded bidder under the oversight of the Department.

2. The awarded bidder shall deposit into the Fund all payments received from producers, including:

a. One-time start-up registration fees within 180 days of contract signing, in accordance with 38 M.R.S. § 2146(6) and 06-096 C.M.R. ch. 428, § 8(B);

b. Annual producer registration and reporting fees starting in calendar year 2027 no later than September 1st of each calendar year, in accordance with 06-096 C.M.R. ch. 428, § 10;

3. The awarded bidder shall disburse funds to:

a. Reimburse participating municipalities, beginning in calendar year 2027, no later than October 1st of each calendar year, in accordance with 06-096 C.M.R. ch. 428, § 13;

b. Cover the operating costs of the awarded bidder, which shall be annually verified by a third-party financial audit paid for by the awarded bidder in accordance with the approved contract and 38 M.R.S. § 2146(3)(A)(5);

c. Pay to the Department all applicable fees required in accordance with 06-096 C.M.R. ch. 428, § 10(A)(1), beginning in 2027, no later than January 30th of each calendar year;

d. Support investments in education and infrastructure in accordance with the approved contract and 38 M.R.S. § 2146(11).

4. The awarded bidder shall provide the Department with quarterly internal financial reports that are accessible through the Fund administration module, documenting: the balance of the Fund; tracking of the activities of the Fund and specifically highlighting disbursal of funds for the SO’s operational costs; and any known issues, anomalies, or risks related to the performance or financial integrity of the Fund.

C. Investments in Infrastructure and Education Functional Requirements The awarded bidder shall be responsible for managing investments in infrastructure and education that support recycling of packaging material in the state in accordance with 38 M.R.S. § 2146(11) and 06-096 C.M.R. ch. 428, § 18 and with Department oversight. The awarded bidder shall accept, summarize, and evaluate investment proposals; contract with investment recipients; distribute available funding from the Fund as directed by the Department; ensure that funds are used for their intended purposes; and provide updates on investment progress and outcomes. The awarded bidder shall:

1. Evaluate investment proposals submitted in the previous calendar year, in accordance with 06-096 C.M.R. ch. 428, § 18(C).

a. Review each proposal against the investment criteria outlined in 06-096 C.M.R. ch. 428, § 18(A);

b. Submit evaluations and proposals to the Department by the second Monday in July of each calendar year, beginning in July 2027, or by the deadline agreed to in the awarded bidder’s contract with the Department, in accordance with 06-096 C.M.R. ch. 428, § 18(C)(3); and

c. Meet annually with the Department to discuss all submitted investment proposals, including any differences between the awarded bidder’s evaluation and the Department’s, and review the awarded bidder’s investment priorities for Department approval, in accordance with 06-096 C.M.R. ch. 428, § 18(C)(5).

2. Identify major investment needs, in collaboration with the Department, as required under 06-096 C.M.R. ch. 428, § 18(D).

3. Submit investment proposals aligned with identified major investment needs in the savings plan in response to the Department’s informal request, in accordance with 06-096 C.M.R. ch. 428, § 18(D)(4).

4. Propose reallocation of funds to other listed major investment needs if no qualifying proposal is received by the year in which full funding was planned, in accordance with 06-096 C.M.R. ch. 428, § 18(D)(5).

D. Program Assessments Functional Requirements The awarded bidder shall be responsible for conducting program assessments including cost studies, representative audits, statewide recycling needs assessments, disposal audits, producer reporting audits, and litter audits. The results of these assessments will be used to determine the costs to manage packaging material, inform future investments, and support progress towards program goals.

1. Cost Studies The awarded bidder shall be responsible for conducting comprehensive cost studies to assess the cost of managing packaging material across Maine’s recycling system. The resulting data will be used to allocate costs, calculate per-ton costs by packaging material type and recycling service models, and inform packaging material fees and municipal reimbursements. The awarded bidder shall:

a. Conduct 12 complete cost studies annually with participating municipalities, in accordance with 06-096 C.M.R. ch. 428 § 14(A)(1), to:

i. Measure the cost of managing each packaging material type, including labor, equipment, structures, energy, and contractor profit and overhead, in accordance with 06-096 C.M.R. ch. 428, § 6;

ii. Identify the management pathway used for each packaging material type;

iii. Develop a cost reporting plan for each participating municipality, establishing the cost data elements required for annual program reporting and by February 28th of the participating municipality’s first reporting year;

iv. Collect data to determine the per-ton costs by packaging material type and recycling service model, in accordance with 06-096 C.M.R. ch. 428, §§ 7 and 16;

v. Supply data to inform municipal reimbursements pursuant to 06-096 C.M.R. ch. 428, § 13, and to inform packaging material type fees used to invoice producers, pursuant to 06-096 C.M.R. ch. 428, § 10(A)(2); and

vi. Support ongoing program assessment.

b. Conduct follow-up cost studies, in accordance with 06-096 C.M.R. ch. 428, § 14(A)(2), targeting the affected cost data elements, and update municipal cost reporting plans, when:

i. A change to the management of a packaging stream, as defined in 06-096 C.M.R. ch. 428, § 14(A)(2), is expected to alter the cost of managing one or more packaging material types by at least 10% as determined by the awarded bidder, or

ii. The change prevents a municipality from completing its cost reporting plan.

2. Representative Audits The awarded bidder shall be responsible for conducting representative audits to assess the composition of packaging streams across Maine’s recycling system. The resulting data will be used to allocate costs, calculate per-ton costs by packaging material type and recycling service models, and inform packaging material fees and municipal reimbursements. The awarded bidder shall:

a. Conduct representative audits of commodities and packaging streams in accordance with 38 M.R.S. § 2146(13)(A)(6) and 06-096 C.M.R. ch. 428, § 14(B), to:

i. Determine the composition of commodities by packaging material type and contamination level in accordance with 06-096 C.M.R. ch. 428, § 14(B)(1)(a);

ii. Allocate costs associated with managing mixed packaging streams and simultaneous packaging streams in accordance with 06-096 C.M.R. ch. 428, § 14(B)(1)(b)–(d);

iii. Support per-ton cost calculations for packaging material types and sets of accepted materials in accordance with 06-096 C.M.R. ch. 428, § 13.

b. Conduct site-specific audits when directed by the Department following credible demonstration of necessity by a participating municipality and apply results to all participating municipalities as appropriate, in accordance with 06-096 C.M.R. ch. 428, § 14(B)(3). Site-specific audits shall:

i. Mirror the relevant procedures from representative audits;

ii. Accurately characterize the composition of commodities or accepted materials managed by the requesting municipality; and

iii. Support accurate allocation of costs based on site-specific material characteristics, where representative data are not valid.

3. Statewide Recycling Needs Assessment The awarded bidder shall be responsible for conducting a comprehensive statewide recycling needs assessment within 18 months of entering into a contract with the Department and every 10 years thereafter, in accordance with 38 M.R.S. § 2146(3)(A)(7) and 06-096 C.M.R. ch. 428, § 3(C). Statewide recycling needs assessments shall identify and evaluate existing recycling infrastructure, recycling services, associated capacity and costs, gaps and barriers, and opportunities for improving the management of packaging materials. The results of this needs assessment shall serve as a foundational planning tool to inform future investments and support long-term program goals. The awarded bidder shall:

a. Recycling Access and Availability

i. Identify the municipalities that provide for the collection and recycling of:

(1) All readily recyclable materials, as defined in Appendix A of 06-096 C.M.R. ch. 428;

(2) Any readily recyclable materials;

(3) No readily recyclable materials; and

(4) Materials that are not designated readily recyclable but are currently managed for recycling.

ii. Identify municipalities that express interest in multi-municipal regional management of material for recycling through a regional collection or processing center.

iii. Evaluate the current funding needs, and other gaps and barriers, affecting recycling access and availability based on geographic location; socioeconomic conditions; infrastructure accesses; and availability of funding or financial resources.

iv. Determine an amount, by weight and volume, of reportable recyclable materials, as defined in 38 M.R.S. § 2101-A, generated: statewide; per capita; and by municipality without access to recycling.

v. Analyze the amount, by weight and volume, of packaging material available for management in the municipalities that do not provide for the collection and recycling of all readily recyclable materials.

b. Collection and Transportation

i. Evaluate the capacity, costs, and needs associated with the collection and transportation of reportable recyclable materials for municipalities that manage the following: all readily recyclable materials; any readily recyclable materials; no readily recyclable materials; and materials that are not designated readily recyclable but are currently managed for recycling.

ii. For each municipality that does not provide for the collection and recycling of any readily recyclable materials, identify the infrastructure, including its associated costs, necessary to: collect and transport single-stream recycling; collect and transport dual-stream recycling; and collect and transport all readily recyclable packaging material separated by base material.

iii. For each municipality that does not provide for the collection and recycling of all readily recyclable materials, identify the infrastructure, including its associated costs, necessary to: collect and transport single-stream recycling; collect and transport dual-stream recycling; and collect and transport all readily recyclable packaging material separated by base material.

c. Processing and Marketing

i. Evaluate the processing capacity in the State of Maine and surrounding region for:

(1) Readily recyclable materials through single-stream recycling;

(2) Readily recyclable materials through dual-stream recycling;

(3) Readily recyclable materials separated by base material;

(4) Materials that are not designated readily recyclable but are currently managed for recycling, through single-stream recycling;

(5) Materials that are not designated readily recyclable but are currently managed for recycling, through dual-stream recycling; and

(6) Materials that are not designated readily recyclable but are currently managed for recycling by being separated by base material.

ii. Evaluate the current and historical market conditions over the past 10 years in the State of Maine and surrounding region for:

(1) Materials that are designated readily recyclable; and

(2) Materials that are not designated readily recyclable but are currently managed for recycling.

d. Education

i. Evaluate the consumer education needs related to recycling practices and reducing contamination in material streams managed through the following recycling service models: single-stream recycling; dual-stream recycling; and recycling operations that require materials to be separated by base material.

ii. Identify common contamination issues, categorized by base material and packaging type.

iii. Identify gaps and barriers to consumer participation, including behavioral, geographic, and demographic factors.

iv. Evaluate the effectiveness of existing outreach and education programs, based on available audit results and survey data.

e. Investment and Evaluation

i. Identify regional investment needs for the efficient management of materials for recycling, including packaging materials, along with estimated cost ranges for the following recycling service models: single-stream recycling; dual-stream recycling; and recycling operations that require materials to be separated by base material.

ii. Identify systemic investment needs for the efficient management of materials for recycling, including packaging materials, along with estimated cost ranges for the following recycling service models: single-stream recycling; dual-stream recycling; and recycling operations that require materials to be separated by base material.

iii. For municipalities that expressed interest in multi-municipal regional management of material streams managed for recycling, an evaluation of the following for each potential regional collection or processing center: throughput of the amount by weight and volume; infrastructure options; potential locations; estimated capital costs; and estimated operating costs.

iv. A summary of the ways recycling infrastructure is used to manage reusable packaging material in other jurisdictions and examples of investment proposals that would allow reusable packaging material to be managed through recycling systems in the state.

4. Disposal Audits The awarded bidder shall be responsible for conducting a disposal audit once every 10 years, in accordance with 38 M.R.S. § 2146(13)(A)(6)(c) and 06-096 C.M.R. ch. 428, § 3(D). Disposal audits must be designed to collect information on the types and amounts of packaging material in the disposal stream, by weight and volume, and determine the percentage of the total waste stream composed of packaging material. Disposal audits shall support the program goal for collection by measuring the percentage of readily recyclable packaging material in the disposal stream, in accordance with 06-096 C.M.R. ch. 428, § 3(A)(3). The awarded bidder shall:

a. Conduct a disposal audit once every 10 years in accordance with 38 M.R.S. § 2146(13)(A)(6)(c) and 06-096 C.M.R. ch. 428, § 3(D), by gathering data from three randomly selected municipal waste streams to:

i. Determine the types and amounts, by weight and volume, of packaging material in the municipal solid waste stream;

ii. Calculate the percentage of total municipal solid waste that consists of packaging material, by weight and volume; and

iii. Categorize packaging materials by type, wherever identifiable.

5. Producer Reporting Audits The awarded bidder shall be responsible for conducting producer report auditing annually in accordance with 06-096 C.M.R. ch. 428, § 3(B)(9). Producer reporting audits shall include both quality assurance reviews and random audits and must be designed to assess the accuracy and completeness of data submitted by producers during registration and reporting through the Portal. The awarded bidder shall:

a. Identify significant discrepancies, omissions, or anomalies in data submitted by producers, in accordance with 06-096 C.M.R. ch. 428, § 9(E)(1).

b. Randomly audit producer-reported data in accordance with 06-096 C.M.R. ch. 428, § 9(E)(2), to:

i. Assess the extent to which packaging material produced has been fully and accurately reported;

ii. Verify the accuracy of data reported under with 06-096 C.M.R. ch. 428, §§ 9(A)−(C), including the following, where applicable:

(1) Documentation of post-consumer recycled material use; and

(2) Certificates of no intentionally added toxics from material suppliers

iii. Verify compliance with reporting requirements under 06-096 C.M.R. ch. 428, § 9(D), including documentation supporting estimates.

6. Litter Audits The awarded bidder shall be responsible for conducting biannual litter audits in accordance with 38 M.R.S. § 2146(13)(A)(6)(d) and 06-096 C.M.R. ch. 428, § 3(E). Litter audits shall assess the presence and distribution of packaging materials in litter across the state; and collect data on packaging material type by amount (by weight or volume), identify the producer(s) of packaging materials where possible, and support the evaluation of geographic areas with the highest litter accumulation. The awarded bidder shall:

a. Determine the percentage of litter that is comprised of packaging material by weight and item count.

b. Categorize packaging materials by type and brand, wherever identifiable.

c. Identify the producers of packaging materials in sampled litter, if possible.

d. Identify or provide data to determine geographic areas within the state with the highest levels of litter accumulation, in accordance with 06-096 C.M.R. ch. 428, § 3(E)(5).

e. Quantify the proportion of litter that is packaging material, as described in 06-096 C.M.R. ch. 428, § 3(A)(10).

E. Annual Report Functional Requirements The awarded bidder…