STATE OF MAINE Maine Public Utilities Commission RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System RFP Coordinator All communication regarding this RFP must be made through the RFP Coordinator identified below. Name: Jamie Waterbury Title: Administrative Assistant Contact Information: Jamie.A.Waterbury@maine.gov Submitted All questions must be received by the RFP Coordinator identified above by: Questions Due Date: August 13, 2019, no later than 4:00 p.m., local time Proposal Submission Proposals must be received by the Division of Procurement Services by: Submission Deadline: August 28, 2019 no later than 4:00 p.m., local time Proposals must be submitted to the following address: Submission Address: Division of Procurement Services, Burton M. Cross Building, 111 Sewall Street - 4th Floor, Augusta, ME 04330 State of Maine RFP# 201907118 Rev. 6/20/2019 1 TABLE OF CONTENTS Page PUBLIC NOTICE RFP DEFINITIONS/ACRONYMS PART I INTRODUCTION A. PURPOSE AND BACKGROUND B. GENERAL PROVISIONS C. ELIGIBILITY TO SUBMIT BIDS D. CONTRACT TERMS E. NUMBER OF AWARDS PART II SCOPE OF SERVICES TO BE PROVIDED PART III KEY RFP EVENTS A. QUESTIONS B. AMENDMENTS C. SUBMITTING THE PROPOSAL PART IV PROPOSAL SUBMISSION REQUIREMENTS A. PROPOSAL FORMAT B. PROPOSAL CONTENTS PART V PROPOSAL EVALUATION AND SELECTION A. EVALUATION PROCESS – GENERAL INFORMATION B. SCORING WEIGHTS AND PROCESS C. SELECTION AND AWARD D. APPEAL OF CONTRACT AWARDS PART VI CONTRACT ADMINISTRATION AND CONDITIONS A. CONTRACT DOCUMENT B. STANDARD STATE AGREEMENT PROVISIONS PART VII RFP APPENDICES AND RELATED DOCUMENTS APPENDIX A – PROPOSAL COVER PAGE APPENDIX B – DEBARMENT, PERFORMANCE AND NON-COLLUSION CERTIFICATION APPENDIX C – QUALIFICATIONS AND EXPERIENCE FORM APPENDIX D – COST PROPOSAL FORM APPENDIX E – SUBMITTED QUESTIONS FORM State of Maine RFP# 201907118 Rev. 6/20/2019 2 PUBLIC NOTICE ************************************************* State of Maine Maine Public Utilities Commission RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System The State of Maine Public Utilities Commission is seeking proposals for expert consulting services to evaluate the ownership of Maine’s power delivery systems. Specifically, the consultant(s) will evaluate the proposal for creation of the Maine Power Delivery Authority as presented in L.D. 1646, An Act to Restore Local Ownership and Control of Maine’s Power Delivery Systems. A copy of the RFP, as well as the Question & Answer Summary and all amendments related to this RFP, can be obtained at the following website: https://www.maine.gov/dafs/bbm/procurementservices/vendors/rfps Proposals must be submitted to the State of Maine Division of Procurement Services, located at the Burton M. Cross Office Building, 111 Sewall Street - 4th Floor, Augusta, ME 04330. Proposals must be received by 4:00 pm, local time, on August 28, 2019 when they will be opened. Proposals not received at the Division of Procurement Services’ aforementioned address by the aforementioned deadline will not be considered for contract award. ************************************************* State of Maine RFP# 201907118 Rev. 6/20/2019 3 RFP DEFINITIONS/ACRONYMS The following terms and acronyms shall have the meaning indicated below as referenced in this RFP: Term/Acronym Department or Commission Maine IOUs RFP State State of Maine RFP# 201907118 Rev. 6/20/2019 Definition Maine Public Utilities Commission Maine Investor Owned Transmission and Distribution Utilities – Emera Maine and Central Maine Power Request for Proposal State of Maine 4 State of Maine Maine Public Utilities Commission RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System PART I A. INTRODUCTION Purpose and Background The State of Maine Public Utilities Commission (Commission or Department) is seeking proposals for expert consulting services from a consultant with strong and relevant experience to evaluate the ownership of Maine’s power delivery systems. Specifically, the consultant(s) will evaluate the proposal for creation of the Maine Power Delivery Authority as presented in L.D. 1646, An Act to Restore Local Ownership and Control of Maine’s Power Delivery Systems (LD 1646 Proposal). L.D. 1646 is available at: LD 1646. This evaluation is being conducted pursuant to a resolve directing the Public Utilities Commission to evaluate the ownership of Maine’s power delivery system, Resolves 2019, Chapter 107, available at: Resolve 2019, Chapter 107 which specifies that the evaluation must include but is not limited to: 1. Analysis of the costs and benefits, both short-term and long-term, of the proposal as presented in L.D. 1646; 2. Examination of legal, regulatory, technical, financial and operational issues related to the LD 1646 Proposal and its implementation; 3. Assessment of anticipated impacts, both positive and negative, of the LD 1646 Proposal on the State, including but not limited to impacts of electricity rates, utility employees and ratepayers; and 4. Development of alternatives or amendments to the LD 1646 Proposal to address any identified obstacles to its implementation. The relevant expertise of the consultant(s) includes, but is not limited to: 1. Utility valuation and finance and other legal, regulatory, technical, financial and operational issues related to the LD 1646 Proposal. The evaluation of the consultant(s) will be presented in a final report to be submitted to the Maine Legislature’s Joint Standing Committee on Energy, Utilities and Technology no later than February 15, 2020. A draft report must be submitted to the Commission by January 15, 2020. The final report must include results, findings and recommendations from the evaluation, including suggested amendments to the LD 1646 Proposal and other suggested legislation. The final report must also specify which aspects of the evaluation are complete and which, if any, require additional time and study. B. General Provisions 1. From the time this RFP is issued until award notification is made, all contact with the State regarding this RFP must be made through the aforementioned RFP Coordinator. No other person/ State employee is empowered to make binding statements regarding State of Maine RFP# 201907118 Rev. 6/20/2019 5 2. 3. 4. 5. 6. 7. 8. 9. C. this RFP. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion. Issuance of this 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 this RFP. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable. All proposals should adhere to the instructions and format requirements outlined in this RFP and all written supplements and amendments (such as the Summary of Questions and Answers), issued by the Department. Proposals are to follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of this RFP. Bidders shall take careful note that in evaluating a proposal submitted in response to this 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. The proposal shall be signed by a person authorized to legally bind the Bidder and shall 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. The RFP and the selected Bidder’s proposal, including all appendices or attachments, shall be the basis for the final contract, as determined by the Department. Following announcement of an award decision, all submissions in response to this RFP will be considered 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 of Maine Freedom of Access Act The Department, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals received in response to this RFP. All applicable laws, whether or not herein contained, shall be included by this reference. It shall be the Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them. Eligibility to Submit Bids All interested and eligible parties are invited to submit bids in response to this Request for Proposals. Eligible Bidders may not have been retained by a Maine IOU or any of its affiliates within the last five years. Any business relationship between a Bidder and a Maine IOU or any of its affiliates within the last six to ten years must be disclosed and described. Such details will be scored as part of the evaluation criteria described in Part IV of this RFP. In addition, any Bidder that is awarded a contract through this RFP may not accept or perform work for (1) a Maine IOU or any of its affiliates or (2) any person or entity advocating before the Maine Legislature on issues related to the evaluation during the pendency of (1) the evaluation period or (2) consideration by the 129th and 130th Maine Legislature of issues relevant to the evaluation or sooner if, as determined by the Commission, the evaluation is no longer being actively considered by the Maine Legislature. D. Contract Term State of Maine RFP# 201907118 Rev. 6/20/2019 6 The Department is seeking a cost-efficient proposal to provide services, as defined in this RFP, for the anticipated contract period defined in the table below. Please note that the dates below are estimated and may be adjusted, as necessary, in order to comply with all procedural requirements associated with this RFP and the contracting process. The actual contract start date will be established by a completed and approved contract. The term of the anticipated contract, resulting from this RFP, is expected to be as follows: Period Period of Performance E. Start Date September 2, 2019 End Date July 31, 2020 Number of Awards The Department anticipates making one (1) award as a result of this RFP process. State of Maine RFP# 201907118 Rev. 6/20/2019 7 PART II A. SCOPE OF SERVICES TO BE PROVIDED Specific Description of Tasks The consultant(s) will evaluate the ownership of Maine’s power delivery systems. Specifically, the consultant(s) will evaluate the proposal for creation of the Maine Power Delivery Authority as presented in L.D. 1646, An Act to Restore Local Ownership and Control of Maine’s Power Delivery Systems. L.D. 1646 is available at this website. This evaluation is being conducted pursuant to a resolve directing the Public Utilities Commission to evaluate the ownership of Maine’s power delivery system, Resolve 2019, Chapter 107, available at this website, which specifies that the evaluation must include but is not limited to: 1. Analysis of the costs and benefits, both short-term and long-term, of the proposal as presented in L.D. 1646; 2. Examination of legal, regulatory, technical, financial and operational issues related to the LD 1646 Proposal and its implementation; 3. Assessment of anticipated impacts, both positive and negative, of the LD 1646 Proposal on the State, including but not limited to impacts of electricity rates, utility employees and ratepayers; and 4. Development of alternatives or amendments to the LD 1646 Proposal to address any identified obstacles to its implementation. The evaluation of the consultant(s) will be presented in a report to be submitted to the Maine Legislature’s Joint Standing Committee on Energy, Utilities and Technology no later than February 15, 2020. The report must specify which aspects of the evaluation are complete and which, if any, require additional time and study. The report must also include results, findings and recommendations from the evaluation, including suggested amendments to the LD 1646 Proposal and other suggested legislation. The consultant will provide a draft report to the Commission by January 15, 2020. B. Specific Tasks and Manner of Performance of the Work In conducting the evaluation described above, the consultant(s) will be expected to: 1. Provide the Commission Staff with a workplan detailing each component of the evaluation; 2. Work with the Commission Staff to develop mutually agreeable formats and schedules for the evaluation and associated deliverables; 3. Communicate with the Staff on a regular basis as to the progress of the work, and provide draft work product/deliverables to Staff; 4. Prepare and provide information requests to the Maine IOUs to collect factual information relevant to the evaluation; 5. Present the evaluation to the Maine Legislature’s Joint Standing Committee on Energy, Utilities and Technology in person, and respond to questions from Legislators regarding the evaluation and issues relevant to the evaluation. State of Maine RFP# 201907118 Rev. 6/20/2019 8 PART III A. KEY RFP EVENTS Questions 1. General Instructions a. 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. b. Bidders and other interested parties should use Appendix E – Submitted Questions Form – for submission of questions. c. The Submitted Questions Form must be submitted by e-mail and received by the RFP Coordinator, identified on the cover page of this RFP, as soon as possible but no later than the date and time specified on the RFP cover page. d. Submitted Questions must include the RFP Number and Title in the subject line of the e-mail. The Department assumes no liability for assuring accurate/complete/on time e-mail transmission and receipt. 2. Question & Answer Summary: Responses to all questions will be compiled in writing and posted on the following website no later than seven (7) calendar days prior to the proposal due date: Division of Procurement Services RFP Page. It is the responsibility of all interested parties to go to this website to obtain a copy of the Question & Answer Summary. Only those answers issued in writing on this website will be considered binding. B. Amendments All amendments released in regard to this RFP will also be posted on the following website: Division of Procurement Services RFP Page. It is the responsibility of all interested parties to go to this website to obtain amendments. Only those amendments posted on this website are considered binding. C. Submitting the Proposal 1. Proposals Due: Proposals must be received no later than 4:00 p.m. local time, on the date listed on the cover page of this RFP, at which point they will be opened. Proposals received after the 4:00 p.m. deadline will be rejected without exception. 2. Mailing/Delivery Instructions: The official delivery site is the State of Maine, Division of Procurement Services (Please refer to the RFP cover page for submission address). a. Only proposals received at the official delivery site prior to the stated deadline will be considered. Bidders submitting proposals are responsible for allowing adequate time for delivery. Postmarks do not count and fax or electronic mail transmissions of proposals are not permitted. Any method of hardcopy delivery is acceptable, such as US Mail, in-person delivery by Bidder, or use of private courier services. b. The Bidder must send its proposal submission in a sealed package and must include an original, signed copy and one electronic copy of their complete proposal. The electronic copy of the proposal must be provided on a USB flash drive with the complete narrative and attachments in MS Word format. Any attachments that cannot be submitted in MS Word format may be submitted as Adobe (.pdf) files. c. Bidders’ submission packages are to be clearly labeled and contain the following information: State of Maine RFP# 201907118 Rev. 6/20/2019 9 - Proposal submission address provided on the RFP cover page - The Bidder’s full business name and address - The RFP Number and Title d. Bidder’s submission package must include: - Proposal Cover Page (Appendix A) - Debarment, Performance and Non-Collusion Certification (Appendix B) - Sealed Qualifications and Experience & Proposed Services packet (Appendix C and all related/required attachments) - Sealed Cost Proposal packet (Appendix D and all related/required attachments) State of Maine RFP# 201907118 Rev. 6/20/2019 10 PART IV PROPOSAL SUBMISSION REQUIREMENTS This section contains instructions for Bidders to use in preparing their proposals. The Bidder’s proposal must follow the outline used below, including the numbering and section and sub-section headings as they appear here. Failure to use the outline specified in this section, or to respond to all questions and instructions throughout this document, may result in the proposal being disqualified as non-responsive or receiving a reduced score. The Department, and its evaluation team for this RFP, has sole discretion to determine whether a variance from the RFP specifications should result in either disqualification or reduction in scoring of a proposal. Rephrasing of the content provided in this RFP will, at best, be considered minimally responsive. The Department seeks detailed yet succinct responses that demonstrate the Bidder’s experience and ability to perform the requirements specified throughout this document. A. Proposal Format 1. All pages of a Bidder’s proposal should be numbered consecutively beginning with number 1 on the first page of the narrative (this does not include the cover page or table of contents pages) through to the end, including all forms and attachments. For clarity, the Bidder’s name should appear on every page, including Attachments. Each Attachment must reference the section or subsection number to which it corresponds. 2. The Bidder is asked to be brief and concise in responding to the RFP questions and instructions. 3. All electronic documents should be formatted for printing as formatting will not be adjusted prior to printing and reviewing these documents. 4. The Bidder may not 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. 5. Include any forms provided in the submission package or reproduce those forms as closely as possible. All information should be presented in the same order and format as described in the RFP. 6. It is the responsibility of the Bidder to provide all information requested in the RFP package at the time of submission. Failure to provide information requested in this RFP may, at the discretion of the Department’s evaluation review team, result in a lower rating for the incomplete sections and may result in the proposal being disqualified for consideration. 7. The Bidder should complete and submit the “Proposal Cover Page” provided in Appendix A of this RFP and provide it with the Bidder’s proposal. It is important that the cover page show the specific information requested, including Bidder address(es) and other details listed. The proposal cover page shall be dated and signed by a person authorized to enter into contracts on behalf of the Bidder. 8. The Bidder should complete and submit the “Debarment, Performance and Non-Collusion Certification Form” provided in Appendix B of this RFP. Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department. State of Maine RFP# 201907118 Rev. 6/20/2019 11 B. Proposal Contents Section I Organization Qualifications and Experience 1. Overview of the Organization The Bidder is to complete Appendix C (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in this RFP. The Bidder is also to include three 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 If subcontractors are to be used, provide a list that specifies the name, address, phone number, contact person, and a brief description of the subcontractors’ organizational capacity and qualifications. 3. Organizational Chart Provide an organizational chart of the bidder’s organization. The organization chart must include the project being proposed. Each position must be identified by position title and corresponding to the personnel job descriptions and the Staffing Plan provided. 4. Litigation 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 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 will be included, write “none” on submitted attachment. 5. Licensure/Certification Provide documentation of any applicable licensure/certification or any specific credentials required to provide the proposed services. 6. Certificate of Insurance 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 II Proposed Services 1. Services to be Provided Discuss the Scope of Services referenced above in Part II of this RFP and what the Bidder will offer. Give particular attention to describing the methods and resources you will use and how you will accomplish the tasks involved. Also, describe how you will ensure expectations and/or desired outcomes as a result of these services will be achieved. If subcontractors are involved, clearly identify the work each will perform. 2. Implementation - Work Plan Provide a realistic work plan for the implementation of the consulting services. The work plan must provide detail on all aspects of the scope of services set forth in this RFP. Bidders should display the work plan in a timeline chart and concisely describe each element of the work plan, the month(s) in which it will be carried out and completed, the State of Maine RFP# 201907118 Rev. 6/20/2019 12 person or position responsible for each element of the work plan, and the hours each person or position will work on the element of the plan. If applicable, identify all components of the work plan to be delegated to subcontractors. The total hours proposed in this work plan should equal the hours detailed in Appendix D. As part of the work plan, please include the names of the persons performing the work. Section III Cost Proposal 1. General Instructions a. The Bidder must submit a cost proposal that covers the entire period of the initial contract. Please use the expected “Period of Performance” dates stated in PART I, D. b. The cost proposal shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFP requirements. c. No costs related to the preparation of the proposal for this 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. 2. Cost Proposal Form Instructions The Bidder should fill out Appendix D (Cost Proposal Form), following the instructions detailed here and in the form. Failure to provide the requested information, and to follow the required cost proposal format provided, may result in the exclusion of the proposal from consideration, at the discretion of the Department. Regarding Appendix D, in addition to the total fixed price cost proposal, the Bidder must also submit itemized hourly rates for each category of personnel who will perform the tasks identified in the work plan. For example, the categories may include personnel such as managing consultant, senior consultant(s), consultant(s), and administrative support, but Bidders must include on the cost form in Appendix D all of the categories of personnel who will be performing work under the RFP. Rates may be for a Bidders employee(s) or subcontractor(s). State of Maine RFP# 201907118 Rev. 6/20/2019 13 PART V PROPOSAL EVALUATION AND SELECTION Evaluation of the submitted proposals shall be accomplished as follows: A. Evaluation Process - General Information 1. An evaluation team, comprised 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 selection of a contractor shall 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, and the Department may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations. Interviews/presentations are not required, and changes to proposals will not be permitted during any interview/presentation process. Therefore, Bidders should submit proposals that present their rates and other requested information as clearly and completely as possible. B. Scoring Weights and Process 1. Scoring Weights: The score will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria. Section I. Organization Qualifications and Experience (35 points) Includes all elements addressed above in Part IV, B, Section I. Section II. Proposed Services (40 points) Includes all elements addressed above in Part IV, B, Section II. Section III. Cost Proposal (25 points) Includes all elements addressed above in Part IV, B, Section III. 2. Scoring Process: The review team will use a consensus approach to evaluate and score Sections I & II above. Members of the review 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 III, 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 this RFP will be assigned a score according to a mathematical formula. The lowest bid will be awarded 25 points. Proposals with higher bids values will be awarded proportionately fewer points calculated in comparison with the lowest bid. The scoring formula is: (Lowest submitted Proposed Total Fixed Cost / Proposed Total Fixed Cost of proposal being scored) x (25) = pro-rated score State of Maine RFP# 201907118 Rev. 6/20/2019 14 No Best and Final Offers: The State of Maine will not seek 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. 4. Negotiations: The Department reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of service as presented in the selected proposal. Such negotiations may not significantly vary the content, nature or requirements of the proposal or the Department’s Request for Proposals to an extent that may affect the price of goods or services requested. The Department reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP. 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. C. 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 contractor selection or non-selection will be made in writing by the Department. 3. Issuance of this 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 this request, 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. D. Appeal of Contract Awards Any person aggrieved by the award decision that results from this RFP may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 MRSA § 1825-E and 18-554 Code of Maine Rules, Chapter 120 (found here: 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 15 calendar days of receipt of notification of contract award. State of Maine RFP# 201907118 Rev. 6/20/2019 15 PART VI A. CONTRACT ADMINISTRATION AND CONDITIONS Contract Document 1. The successful Bidder will be required to execute a State of Maine Service Contract with appropriate riders as determined by the issuing department. 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 Division of Procurement Services’ website at the following link: Division of 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): Chapter 110) This provision means that a contract cannot be effective until at least 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 this RFP may need to be adjusted, if necessary, to comply with mandated requirements. 4. In providing services and performing under the contract, the successful Bidder(s) shall act as an independent contractor and not as an agent of the State of Maine. B. Standard State Agreement Provisions 1. Agreement Administration a. Following the award, an Agreement 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 successful Bidder in the finalization of the contract. b. 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. 2. Payments and Other Provisions The State anticipates paying the Contractor 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 State of Maine RFP# 201907118 Rev. 6/20/2019 16 documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFP. State of Maine RFP# 201907118 Rev. 6/20/2019 17 PART VII LIST OF RFP APPENDICES AND RELATED DOCUMENTS 1. Appendix A – Proposal Cover Page 2. Appendix B – Debarment, Performance and Non-Collusion Certification 3. Appendix C – Qualifications and Experience Form 4. Appendix D – Cost Proposal Form 5. Appendix E – Submitted Question Form State of Maine RFP# 201907118 Rev. 6/20/2019 18 APPENDIX A State of Maine Maine Public Utilities Commission PROPOSAL COVER PAGE RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System Bidder’s Organization 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 or any other State agency 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 agreement with the Department should they be awarded the contract. The undersigned is authorized to enter contractual obligations on behalf of the abovenamed 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# 201907118 Rev. 6/20/2019 19 APPENDIX B State of Maine Maine Public Utilities Commission DEBARMENT, PERFORMANCE and NON-COLLUSION CERTIFICATION RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System Bidder’s Organization 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; iii. 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; and iv. 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. c. 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. Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department. Name (Print): Title: Authorized Signature: Date: State of Maine RFP# 201907118 Rev. 6/20/2019 20 APPENDIX C State of Maine Maine Public Utilities Commission QUALIFICATIONS & EXPERIENCE FORM RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System Bidder’s Organization Name: Present a brief statement of qualifications, including any applicable licensure and/or certification. 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. You may expand this form and use additional pages to provide this information. State of Maine RFP# 201907118 Rev. 6/20/2019 21 APPENDIX C (continued) Provide a description of projects that occurred within the past five years which reflect experience and expertise needed in performing the functions described in the “Scope of Services” portion of this RFP. For each of the project examples provided, a contact person from the client organization involved should be listed, along with that person’s telephone number and email address. Please note that contract history with the State of Maine, whether positive or negative, may be considered in rating proposals even if not provided by the Bidder. If the Bidder has not provided similar services, note this, and describe experience with projects that highlight the Bidder’s general capabilities. Project One Client Name: Client Contact Person: Telephone: E-Mail: Brief Description of Project Project Two Client Name: Client Contact Person: Telephone: E-Mail: Brief Description of Project State of Maine RFP# 201907118 Rev. 6/20/2019 22 APPENDIX C (continued) Project Three Client Name: Client Contact Person: Telephone: E-Mail: Brief Description of Project State of Maine RFP# 201907118 Rev. 6/20/2019 23 APPENDIX D State of Maine Maine Public Utilities Commission COST PROPOSAL FORM RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System Bidder’s Organization Name: Proposed Total Fixed Cost: $ Instructions: For the proposed total fixed cost submitted above, bidders should provide the following details. Please list all category of personnel who will work on this project, the number of hours for each resource, and their hourly rates. Category of Personnel (for example) Total Cost Managing Consultant Senior Consultant Consultant Administrative Support Totals Hourly Rate Total Hours $ $ $ $ N/A $ $ $ $ $ Other Project Costs (please specify – add rows as needed) $ Proposed Total Fixed Cost (sum of costs above) State of Maine RFP# 201907118 Rev. 6/20/2019 $ 24 APPENDIX E State of Maine Maine Public Utilities Commission SUBMITTED QUESTIONS FORM RFP# 201907118 Evaluation of the Ownership of Maine’s Power Delivery System Organization Name: RFP Section & Page Number Question * If a question is not related to any section of the RFP, state “N/A” under “RFP Section & Page Number”. ** Add additional rows, if necessary. State of Maine RFP# 201907118 Rev. 6/20/2019 25