RFP#202608140 Tobacco Retail Compliance Checks_FINAL.docx

STATE OF MAINE

Department of Health and Human Services Maine Center for Disease Control & Prevention

RFP# 202608140

Retail Tobacco Compliance Checks

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

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

TABLE OF CONTENTS

Page

A. PURPOSE AND BACKGROUND

B. GENERAL PROVISIONS

C. ELIGIBILITY TO SUBMIT A BID

D. CONTRACT TERM

E. NUMBER OF AWARDS

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. QUESTIONS

C. AMENDMENTS

D. 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 – ATTESTATION FORM

APPENDIX D – QUALIFICATIONS and EXPERIENCE FORM

APPENDIX E – SUBCONTRACTORS FORM

APPENDIX F – LITIGATION FORM

APPENDIX G – PROPOSED SERVICES RESPONSE FORM

APPENDIX H – COST PROPOSAL FORM

APPENDIX I – RETAIL TOBACCO COMPLIANCE CHECK INSPECTIONS QUALITY CONTROL STANDARDS AND PROCEDURES

PUBLIC NOTICE

State of Maine Department of Health and Human Services

RFP# 202608140

Retail Tobacco Compliance Checks

The State of Maine is seeking proposals for Synar Retail Tobacco Compliance Check Inspections.

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 October 1, 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 Health and Human Services Maine Center for Disease Control & Prevention

RFP# 202608140

Retail Tobacco Compliance Checks

PART I INTRODUCTION

A. Purpose and Background

The Department of Health and Human Services (Department) is seeking Retail Tobacco Compliance Check Inspections (Inspections) as defined in this Request for Proposal (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 dedicated to promoting health, safety, resiliency, and opportunity to all Maine Residents. The Department’s Maine Center for Disease Control & Prevention (Maine CDC) works to protect the public's health in the State and helps shape positive health outcomes for individuals, families and communities. Maine CDC’s Tobacco and Substance Use Prevention and Control Program’s mission is to reduce death and disability from tobacco use among Maine citizens by creating an environment supportive of a tobacco-free life.

Maine CDC works collaboratively with the Office of the Attorney General (OAG) to enforce federal regulations under the Synar Amendment that prevent individuals, under the age of twenty-one (21), from accessing tobacco products. In 2024, 1,229 Inspections were conducted Statewide, and in 2025, 1,172 Inspections were conducted Statewide.

The Retail Tobacco Compliance Services provided as a result of this RFP will contribute to fulfilling one of the Department’s goals of “Protect and enhance the health and well-being of Maine people”. The awarded Bidder will support the implementation of Inspections in alignment with relevant State statute, 22 M.R.S.A. §§1551-1559 and the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) Synar Amendment requirements for preventing sales of tobacco products to individuals, under the age of twenty-one (21). The Retail Tobacco Compliance Services will ensure every licensed Tobacco Retailer, accessible to individuals under age twenty-one (21), receive one (1) routine Inspection in which an Undercover Buy (UB) is conducted to ensure compliance with Department and Synar Amendment regulations for preventing tobacco sales to individuals under the age of twenty-one (21).

All services conducted under the resulting contract shall be performed in primary coordination with the State’s Office of Attorney General Tobacco Enforcement Coordinator (OAG TEC).

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. 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 a Bid

Bidders and their subcontractor(s):

1. Cannot have a contractual relationship or affiliation with tobacco or tobacco-product companies, owners, affiliates, subsidiaries, or holding companies, or any organization involved in the production, processing, distribution, promotion, sale or use of tobacco or tobacco-related products; and

2. Must refrain from all significant financial interest, (e.g., owning stock in the company that owns the establishment, or employment of a close family member by the company that owns the establishment) in any of the establishments where Synar Retail Tobacco Compliance Check Inspections are conducted.

Ownership of shares of a mutual fund that is invested in such a company is not considered a significant financial interest.

Bidders who do not submit a signed attestation statement (Appendix C) will be disqualified from the evaluation process.

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 two (2) 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

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

PART II SCOPE OF SERVICES TO BE PROVIDED

Specific instructions for the Bidder to provide a narrative response to the Scope of Services may be found in Part IV, Section III, Proposed Services.

A. General Requirements

1. Ensure the awarded Bidder and their subcontractor(s):

a. Have no contractual relationship or affiliation with tobacco or tobacco-product companies, owners, affiliates, subsidiaries or holding companies or any organization involved in the production, processing, distribution, promotion, sale or use of tobacco or tobacco-related products; and

b. Refrain from all significant financial interest, (e.g., owning stock in the company that owns the establishment, or employment of a close family member by the company that owns the establishment) in any of the establishments where Synar Retail Tobacco Compliance Check Inspections (Inspections) are conducted.

2. Ensure the awarded Bidder’s personnel and subcontractors participating in Inspections comply with all federal statutes that ban them from participating personally and substantially in a particular government matter that will affect their own financial interests, as well as the financial interests of:

a. Their spouse or minor child;

b. Their general partner (if they have any ownership in a corporation);

c. An organization in which they serve as an officer, director, trustee, general partner, or employee; and/or

d. A person with whom they are negotiating for or have an arrangement concerning prospective employment.

B. Compliance Check Inspections Team Requirements

1. Adhere to the Inspections Quality Control Standards and Procedures outlined in Appendix I.

2. Recruit, hire, train, supervise, and maintain an adequate number of Inspection Teams to conduct Inspections at each Tobacco Retailer across the State.

a. Ensure a sufficient number of Agents are available in all regions of the State to facilitate and administer the legal and administrative aspects of the Inspections and guarantee the safety of Youth Interns.

b. Inspection Teams may cover more than one (1) geographical area of the State and must consist of:

c. One (1) Agent;

i. One (1) Supervisor; and

ii. Up to two (2) Youth/Young Adult Interns.

1) One (1) Buyer; and

2) As needed, one (1) Observer.

3. Conduct background checks on all Agents, Supervisors and Young Adult Interns who participate in Inspections in accordance with the Department’s current State Service Contract, Rider D, Section 13. The current DHHS State Service Contract may be obtained on the Department’s Contract Documents webpage.

a. Background checks must be completed prior to any individual participating in Inspections and annually thereafter, as described in the Inspections Quality Control Standards and Procedures, Appendix I.

4. Ensure all Youth/Young Adult Interns receive and fill out an administrative packet provided by the State’s Office of Attorney General Tobacco Enforcement Coordinator (OAG TEC).

a. Provide completed packets upon request from the Department and/or the OAG TEC.

5. Ensure any Agent or Supervisor using their personal vehicle for Inspections complies with all applicable Maine Bureau of Motor Vehicle laws and rules.

C. Retail Tobacco Compliance Check Inspections

1. Schedule and conduct annual Inspections for all licensed Tobacco Retailers in the State.

a. Submit a work plan to the Department and OAG-TEC within thirty (30) calendar days of the start of the initial period of performance that includes a timeline for:

i. Recruiting, training, and hiring Inspection Teams;

ii. Completing annual training requirements; and

iii. Conducting Inspections.

1) The annual number of Inspections is subject to change based on the official Tobacco Retailer license list.

b. Schedule and coordinate Inspections with the Inspection Teams monthly.

i. Confirm and receive approval of the monthly schedule from the OAG TEC at least fourteen (14) calendar days prior to commencing each month’s scheduled Inspections.

ii. Coordinate with the State’s Office of Attorney General Food and Drug Administration (FDA) Program Coordinator to confirm timeframes of Inspections are met (two (2) weeks apart) to avoid same week Inspections.

2. Ensure all Inspections are conducted in accordance with the Inspections Quality Control Standards and Procedures, Appendix I.

3. Ensure each Inspection Team is available to provide technical assistance to the Synar Coordinator or OAG TEC, if requested.

4. Ensure each Inspection Team is available for a site visit observation by representatives of the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department, as requested.

5. Maintain all necessary mobile devices, computers, hardware, and/or software needed to schedule, conduct, and report Inspections.

6. Adhere to the Undercover Buy (UB) Violation Chain of Custody Protocol, outlined in the Inspections Quality Control Standards and Procedures Appendix I, when violations occur.

7. Submit all communications concerning Inspections to the Department and/or OAG upon request.

D. Training Requirements

1. Coordinate, including arranging adequate space, and schedule the required Inspection Training and any other training identified as needed for technical assistance with the Department’s Tobacco Program Manager, Synar Coordinator and/or OAG TEC.

a. Ensure all Agents, Supervisors, and Youth/Young Adult Interns successfully complete the Inspection Training prior to participating in Inspections.

E. Record Maintenance

1. Maintain and provide to the Department and/or OAG upon request, all records of Inspections.

a. Deliver all records to the Department and OAG, in .XLSX file format and as a PDF, via recordable media, at the end of each contract period.

2. Maintain documents contained in the Youth/Young Adult Intern administrative packet for all Youth/Young Adult Interns participating in Inspections.

F. Reports

1. Track and record all data/information necessary to complete the required reports listed in Table 1:

Table 1 – Required Reports

2. Submit all the required reports to the Department and OAG TAC in accordance with the timelines established in Table 2:

Table 2 – Required Reports Timelines

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: 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. Proposals 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 the 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)

· Appendix C (Attestation Form)

· 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 D (Organization Qualifications and Experience Form)

· Appendix E (Subcontractors Form)

· Appendix F (Litigation Form)

· 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 G (Proposed Services Response Form)

· 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) All required information and attachments stated in PART IV, Section IV.

PART IV PROPOSAL SUBMISSION REQUIREMENTS

This section contains instructions for Bidders to use in preparing their proposals. The Department seeks detailed yet succinct responses that demonstrate the Bidder’s qualifications, experience, and ability to perform the requirements specified throughout the RFP.

Bidders’ proposals must follow the outline used below, including the numbering, section, and sub-section headings. Failure to use the outline specified in PART IV, or failure to respond to all questions and instructions throughout the RFP, may result in the proposal being disqualified as non-responsive or receiving a reduced score. The Department, and its evaluation team, has sole discretion to determine whether a variance from the RFP specifications will result either in disqualification or reduction in scoring of a proposal. Rephrasing of the content provided in the RFP will, at best, be considered minimally responsive.

Bidders are not to provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated. Bidders must include any forms provided in the submission package or reproduce those forms as closely as possible. All information must be presented in the same order and format as described in the RFP.

Proposal Format and Contents

Section I Preliminary Information (File #1)

1. Proposal Cover Page Bidders must complete Appendix A (Proposal Cover Page). It is critical that the cover page show the specific information requested, including Bidder address(es) and other details listed. The Proposal Cover Page must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

2. Responsible Bidder Certification Bidders must complete Appendix B (Responsible Bidder Certification). The Responsible Bidder Certification must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

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

Appendix C (Attestation Form)

Section II Organization Qualifications and Experience (File #2)

1. Overview of the Organization Bidders must complete Appendix D (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 occurred within the last five (5) years, demonstrating their experience and expertise in performing these services, as well as highlighting the Bidder’s stated qualifications and skills.

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

3. Project Team Organizational Chart Bidders must provide a legible organizational chart of the project team including to whom the project team reports. Note: individual project team positions are to be identified in the job description and staffing plan.

4. Litigation Bidders must complete Appendix F (Litigation Form) providing 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. If no litigation has occurred, indicate such on the form.

5. Financial Viability Bidders must provide the three (3) most recent years of Financial Statements audited or reviewed by a Certified Public Accountant.

Section III Proposed Services (File #3)

1. Bidders must complete Appendix G (Proposed Services Response 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.

2. Bidders must provide:

a. Job descriptions detailing the primary responsibilities, duties, and required qualifications for specific job positions (do not include individual resumes) for all project staff including the project lead.

b. A description of how subcontractors/consultants, if any, will interact with the Bidder’s organization, (i.e., oversight and management of subcontractors.)

c. A staffing plan that describes the minimum staffing (position titles and time allocation) necessary to meet the requirements in Part II of the RFP.

3. Bidders must provide a realistic work plan for the implementation of the program through the initial period of performance. The work plan must be displayed in a timeline chart, and concisely describe each program development and implementation task, the month it will be carried out, and the person or position responsible for each task. If applicable, Bidders must identify all tasks to be delegated to subcontractors.

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, 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 All-inclusive Fixed Rate Per Inspection for conducting all the functions specified in the RFP for each contract period outline in Part I, D. of the RFP will be assigned a score according to a mathematical formula. The lowest bid for each contract period will be awarded 10 points. Proposals with higher bid values for each contract period will be awarded proportionately fewer points calculated in comparison with the lowest bid.

The scoring formula is:

(Lowest submitted cost proposal Initial Period of Performance / Initial Period of Performance cost of proposal being scored) x 10 = pro-rated score

(Lowest submitted cost proposal Renewal Period #1 / Renewal Period #1 cost of proposal being scored) x 10 = pro-rated score

(Lowest submitted cost proposal Renewal Period #2 / Renewal Period #2 cost of proposal being scored) x 10 = 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 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.

Forms and contract documents commonly used by the Department can be found on the Department’s Division of Contract Management website.

The awarded Bidder will be required to provide a certificate of insurance on a standard ACORD form (or the equivalent) evidencing its general liability, professional liability, and any other relevant liability insurance policies that might be associated with the services provided as part of the contract resulting from this RFP.

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 – Attestation Form

Appendix D – Qualifications and Experience Form

Appendix E – Subcontractors Form

Appendix F – Litigation Form

Appendix G – Proposed Services Response Form

Appendix H – Cost Proposal Form

Appendix I – Retail Tobacco Compliance Check Inspections Quality Control Standards and Procedures

APPENDIX A

Department of Health and Human Services Maine Center for Disease Control & Prevention

PROPOSAL COVER PAGE

RFP# 202608140

Bidder Name:

Vendor Customer Code (for current State of Maine vendors):

VC

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:

Street Address:

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.

State of Maine RFP# 202608140 Rev. 4/17/2026 – DAFS/Office of State Procurement Services (DHHS Rev. 4/21/2026 – State Services)

APPENDIX B

State of Maine Department of Health and Human Services Maine Center for Disease Control & Prevention

RESPONSIBLE BIDDER CERTIFICATION

RFP# 202608140

Bidder Name:

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this proposal:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

i. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or contract.

ii. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification.

d. Have not within a three (3) year period preceding this proposal had one or more federal, state, or local government transactions terminated for cause or default.

e. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

f. Is not a foreign adversary business entity (https://www.maine.gov/oit/prohibited-technologies).

g. Is not on the list of prohibited companies (https://www.maine.gov/oit/prohibited-technologies) or does not obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services https://www.maine.gov/oit/prohibited-technologies (Title 5 §2030-B).

Name (Print):

Title:

Authorized Signature:

Date:

APPENDIX C

Department of Health and Human Services Maine Center for Disease Control & Prevention

ATTESTATION FORM

RFP# 202608140

Bidder Name:

Attestation

Bidders and their subcontractor(s):

1. Cannot have a contractual relationship or affiliation with Tobacco or Tobacco-product companies, owners, affiliates, subsidiaries or holding companies or any organization involved in the production, processing, distribution, promotion, sale or use of Tobacco or Tobacco-related products; and

2. Must refrain from all significant financial interest, (e.g., owning stock in the company that owns the establishment, or employment of a close family member by the company that owns the establishment) in any of the establishments where Synar Retail Tobacco Compliance Check Inspections are conducted.

Ownership of shares of a mutual fund that is invested in such a company is not considered a significant financial interest.

Bidders who do not sign and submit this attestation statement will be disqualified from the evaluation process.

By signing this form, the Bidder attest their organization, and their subcontractor(s) do not and will not have any contractual relationship or affiliation with Tobacco or Tobacco-product companies, owners, affiliates, subsidiaries or holding companies or any organization involved in the production, processing, distribution, promotion, sale or use of Tobacco or Tobacco-related products. In addition, the Bidder and their subcontractor(s) will refrain from all significant financial interest, (e.g., owning stock in the company that owns the establishment, or employment of a close family member by the company that owns the establishment) in any of the establishments where Synar Retail Tobacco Compliance Check Inspections are conducted.

APPENDIX D

Department of Health and Human Services Maine Center for Disease Control & Prevention QUALIFICATIONS and EXPERIENCE FORM

RFP# 202608140

Bidder Name:

Present a brief statement of qualifications, and 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. Expand this form and use additional pages to provide this information.

Provide a description of three (3) projects 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.

Project One

Business Reference Name:

Reference Contact Person:

Telephone:

E-Mail:

Project Start Date

Project End Date

Include a detailed description of the project below:

Project Two

Business Reference Name:

Reference Contact Person:

Telephone:

E-Mail:

Project Start Date

Project End Date

Include a detailed description of the project below:

Project Three

Business Reference Name:

Reference Contact Person:

Telephone:

E-Mail:

Project Start Date

Project End Date

Include a detailed description of the project below:

APPENDIX E

Department of Health and Human Services Maine Center for Disease Control & Prevention

SUBCONTRACTORS FORM

RFP# 202608140

Bidder Name:

If subcontractors, including consultants, are to be used, provide each individual subcontractor’s business or consultant’s name, contact person, address, phone number, and a brief description of the subcontractor’s organizational or consultant’s capacity and qualifications. Bidders may add additional Subcontractors/Consultants as needed. If no subcontractors will be used, indicate such on this form.

Subcontractor/Consultant

Subcontractor Business or Consultant’s Name:

Contact Person:

Address:

Phone Number:

E-Mail:

Subcontractor/consultant organizational capacity and qualifications

Subcontractor/Consultant

Subcontractor Business or Consultant’s Name:

Contact Person:

Address:

Phone Number:

E-Mail:

Subcontractor/consultant organizational capacity and qualifications

APPENDIX F

Department of Health and Human Services Maine Center for Disease Control & Prevention

LITIGATION FORM

RFP# 202608140

Bidder Name:

Provide 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. If no litigation has occurred, indicate such on this form.

Case #

Entity Filing Suit:

Complaint/Accusation:

Amount:

Outcome

Case #

Entity Filing Suit:

Complaint/Accusation:

Amount:

Outcome

Case #

Entity Filing Suit:

Complaint/Accusation:

Amount:

Outcome

APPENDIX G

Department of Health and Human Services Maine Center for Disease Control & Prevention

PROPOSED SERVICES RESPONSE FORM

RFP# 202608140

Tobacco Retail Compliance Checks

Special Instructions

Bidders must submit all information described in Part IV, Section III of the RFP.

1. Bidders may obtain the Proposed Services Response Form in VSS.

2. For staffing, Bidders must submit:

a. Job descriptions;

b. A description of the Bidder’s interactions with subcontractors, if any; and

c. A Staffing plan.

3. Bidders must provide a realistic work plan for the implementation of the program through the initial period of performance.

APPENDIX H

Department of Health and Human Services Maine Center for Disease Control & Prevention

COST PROPOSAL FORM

RFP…