State of Maine

Office of the Public Advocate

RFP# 202401010

Non-Wires Alternatives Coordinator

The State of Maine is seeking proposals for a Non-Wires Alternatives Coordinator (NWAC) [pursuant to P.L. 2019, Ch. 298 & P.L. 2023, Ch. 355]. The NWAC provides electrical engineering and grid planning expertise in analyzing utility transmission and distribution investment proposals services. The NWAC recommends alternative cost-effective solutions to identified reliability needs.

A copy of the RFP, as well as the Question & Answer Summary and all amendments related to the RFP, can be obtained at: https://www.maine.gov/dafs/bbm/procurementservices/vendors/rfps

Proposals must be submitted to the State of Maine Division of Procurement Services, via e-mail, at: Proposals@maine.gov . Proposal submissions must be received no later than 11:59 p.m., local time, on March 4, 2024. Proposals will be opened the following business day. Proposals not submitted to the Division of Procurement Services’ aforementioned e-mail address by the aforementioned deadline will not be considered for contract award.

RFP TERMS/ACRONYMS with DEFINITIONS

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

State of Maine – Executive Department

Office of the Public Advocate

RFP# 202401010

Non-Wires Alternatives Coordinator

PART I INTRODUCTION

A. Purpose and Background

The Office of the Public Advocate (Department) is seeking proposals for a consultant to serve as the office’s “Non-Wires Alternatives Coordinator” (NWAC) 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 increasing costs of investments in electric plants have focused attention on the issue of Non-Wires Alternatives (NWAs). NWAs include both non-transmission alternatives and non-distribution alternatives. NWAs would include, but would not be limited to, energy efficiency measures, distributed generation, and storage. The function of NWAC (pursuant to P.L. 2019, Ch. 298; P.L. 2023, Ch. 355 – See Appendix F), as a consultant within the OPA, is to review transmission and distribution investment proposals made by either of Maine’s two investor-owned electric utilities (Central Maine Power Company and Versant Power) to propose cost effective alternatives that meet identified reliability needs. The NWAC analyzes power flow models, documents study results, drafts testimony for PUC proceedings, and testifies at hearings or public meetings when requested. The NWAC leads biweekly meetings with utilities and the OPA to investigate projects. The NWAC participates in additional meetings and PUC appearances as needed. This role requires both electrical engineering expertise and management of the activities under the supervision of the OPA.

Central Maine Power Company’s (CMP) service territory covers 11,000 square miles in central and southern Maine and is within the New England Independent System Operator (ISO-NE) control area.  CMP currently serves approximately 624,000 customers across 346 communities and operates approximately 23,500 miles of distribution lines and 2,900 miles of transmission lines.

CMP has informed us that it uses the following software in connection with grid planning: PSSE, TARA, Aspen, and CYME Dist.

Versant Power (Versant) consists of two service territories. The Maine Public District service territory covers 3,600 square miles within the Canadian Maritimes control area and is connected to the ISO NE control area by transmission through New Brunswick, Canada. MPD currently serves about 36,700 residential and small non-residential accounts.

The Bangor Hydro District service territory covers 6,800 square miles in eastern and east-coastal Maine and is within the ISO-NE control area.  BHD currently serves about 123,000 residential and small nonresidential accounts.

Versant reports that it uses PSSE and CYME in grid planning.

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 are to follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of the RFP.

4. Bidders will take careful note that in evaluating a proposal submitted in response to the RFP, the Department will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.

5. The proposal must be signed by a person authorized to legally bind the Bidder and must contain a statement that the proposal and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. The RFP and the awarded Bidder’s proposal, including all appendices or attachments, will be the basis for the final contract, as determined by the Department.

7. Following announcement of an award decision, all submissions in response to this RFP will be public records, available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) ( 1 M.R.S. § 401 et seq.).

8. 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.

9. 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 a cost-efficient proposal to provide services, as defined in the RFP, for the anticipated contract period defined in the table below. Please note, 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:

D. Number of Awards

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

PART II SCOPE OF SERVICES TO BE PROVIDED

The NWAC will perform the following tasks and fulfill the following functions:

A. Develop and maintain familiarity with the regulation of investor-owned electric utilities including understanding how electric utilities in Maine are regulated, particularly with respect to safe and reliable delivery of power to customers and understanding MPUC precedent and electric transmission and distribution planning standards. In all cases, the NWAC will work with and under the direction of the OPA and will remain in regular contact with the OPA.

B. Analyze utility transmission and distribution investment plans, identify projects with NWA potential and develop NWAs that meet identified system reliability need. The NWAC will be responsible for coordinating all NWA activity through the planning process. The NWAC will identify, advocate for, and coordinate the development of NWAs. The NWAC will work together with the utilities, the Efficiency Maine Trust, and other interested parties in this process.

C. Participate in adjudicatory proceedings at the MPUC as an expert witness.

D. Produce quarterly reports on the implementation of NWA projects in the State including project budgets, timelines, in-service dates, costs incurred, and savings achieved.

E. Specific areas of NWA development:

a. The NWAC will develop cost-effective alternatives to transmission projects that require a certificate of public convenience and necessity (CPCN) to be issued by the MPUC. The NWAC participates in such adjudicatory proceedings at the PUC to present and defend additional or modified NWAs or hybrid solutions during the proceeding.

b. The NWAC will evaluate annual utility filings of transmission line rebuilding or relocation projects that forecast investments for the next five (5) years. The NWAC will present and defend recommendations regarding more cost-effective NWA solutions to the proposed lines.

The NWAC will review the distribution and small transmission (i.e., less than $5 million estimated value) projects as they are described in utility annual planning studies. The NWAC will make recommendations regarding cost effective NWA solutions to the proposed projects. NWAs for distribution projects are limited to investments of $500,000 or more. The NWAC has discretion to investigate projects with smaller cost if it appears likely that an NWA would be cost-effective. (The development of annual planning studies by the utilities is a new requirement under the same statute that created the NWAC.)

PART III KEY RFP EVENTS

A. 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. Bidders and other interested parties should use Appendix E (Submitted Questions Form) for submission of questions. The form is to be submitted as a WORD document.

b. The Submitted Questions Form must be submitted, by e-mail, and received by the RFP Coordinator identified on the cover page of the RFP as soon as possible but no later than the date and time specified on the RFP cover page.

c. 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 the 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 11:59 p.m. local time, on the date listed on the cover page of the RFP.

a. Any e-mails containing original proposal submissions or any additional or revised proposal files, received after the 11:59 p.m. deadline, will be rejected without exception.

2. Delivery Instructions: E-mail proposal submissions are to be submitted to the State of Maine Division of Procurement Services at Proposals@maine.gov .

a. Only proposal submissions received by e-mail will be considered. The Department assumes no liability for assuring accurate/complete e-mail transmission and receipt.

i. Proposal submission e-mails that are successfully received by the proposals@maine.gov inbox will receive an automatic reply stating as such.

b. E-mails containing links to file sharing sites or online file repositories will not be accepted as submissions. Only e-mail proposal submissions that have the actual requested files attached will be accepted.

c. Encrypted e-mails received which require opening attachments and logging into a proprietary system will not be accepted as submissions. Please check with your organization’s Information Technology team to ensure that your security settings will not encrypt your proposal submission.

b. File size limits are 25MB per e-mail. Bidders may submit files separately across multiple e-mails, as necessary, due to file size concerns. All e-mails and files must be received by the due date and time listed above.

c. Bidders are to insert the following into the subject line of their e-mail proposal submission: “RFP# 202401010 Proposal Submission – [Bidder’s Name]”

d. Bidder’s proposal submissions are to be broken down into multiple files, with each file named as it is titled in bold below, and include:

- File 1 [Bidder’s Name] – Preliminary Information:

PDF format preferred

Appendix A (Proposal Cover Page)

Appendix B (Debarment, Performance and Non-Collusion Certification)

- File 2 [Bidder’s Name] – Organization Qualifications and Experience:

PDF format preferred

Appendix C (Organization Qualifications and Experience Form) and all required information and attachments stated in PART IV, Section II.

- File 3 [Bidder’s Name] – Proposed Services:

PDF format preferred

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

- File 4 [Bidder’s Name] – Cost Proposal:

PDF format preferred

Appendix D (Cost Proposal Form) and 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.

The Bidder’s proposal 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. 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. Debarment, Performance and Non-Collusion Certification

Bidders must complete Appendix B (Debarment, Performance and Non-Collusion Certification Form). The Debarment, Performance and Non-Collusion Certification Form must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

Section II Organization Qualifications and Experience (File #2)

1. Overview of the Organization

Bidders must complete Appendix C (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in the RFP. Bidders must include three examples of projects which demonstrate their experience and expertise in performing these services as well as highlighting the Bidder’s stated qualifications and skills. Please include a list of clients, jurisdictions, and cases where such work has been recently performed.

2. Subcontractors

If subcontractors are to be used, Bidders must 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

Bidders must provide an organizational chart.  The organizational chart must include the project being proposed.  Each position must be identified by position title and corresponding to the personnel job descriptions, together with biographies of each person taking primary responsibility for the completion of one or more of the tasks, or one or more of the major issues.

4. Litigation

Bidders must attach a list of all current litigation in which the Bidder is named and a list of all closed cases that have closed within the past five (5) years in which the Bidder paid the claimant either as part of a settlement or by decree.  For each, list the entity bringing suit, the complaint, the accusation, amount, and outcome.

5. Financial Viability

Bidders must provide a current copy of their Dun & Bradstreet Business Information Report Snapshot.

6. Licensure/Certification

Bidders may provide documentation of any applicable licensure/certification or specific credentials that are related to providing the proposed services of the RFP.

7. Certificate of Insurance

Bidders must provide a certificate of insurance on a standard ACORD form (or the equivalent) evidencing the Bidder’s general liability, professional liability and any other relevant liability insurance policies that might be associated with the proposed services.

8. Sample of Work

Bidders must include a sample or samples of work products such as RFPs for distributed energy resources or other relevant project types that demonstrate the ability of the personnel who would be performing NWA Coordinator duties to carry out the required work successfully and effectively.

Section III Proposed Services (File #3)

1. Services to be Provided

Discuss the Scope of Services referenced above in Part II of the 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.

Proposals should be for the provision of NWAC services in the service territories of CMP and Versant Power.

2. Implementation - Work Plan

Provide a realistic work plan for the implementation of the program through the first contract period. Display the work plan in a timeline chart. 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, make note of all tasks to be delegated to subcontractors.

Section IV Cost Proposal (File #4)

1. General Instructions

a. Bidders must submit a cost proposal that covers the Initial Period of Performance starting April 1, 2024 and ending on March 31, 2026.

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

c. 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.

2. Cost Proposal Form Instructions

Bidders must 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.

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. Changes to proposals, including updating or adding information, will not be permitted during any interview/presentation process and, 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: 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. Preliminary Information (No Points)

Includes all elements addressed above in Part IV, Section I.

Section II. Organization Qualifications and Experience (50 points)

Includes all elements addressed above in Part IV, Section II.

Section III. Proposed Services (25 points)

Includes all elements addressed above in Part IV, Section III.

Section IV. Cost Proposal (25 points)

Includes all elements addressed above in Part IV, Section IV.

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

3. Scoring the Cost Proposal: The total cost proposed for conducting all the functions specified in the RFP will be assigned a score according to a mathematical formula. The lowest bid will be awarded 25 points. Proposals with higher bids values will be awarded proportionately fewer points calculated in comparison with the lowest bid.

The scoring formula is:

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

No Best and Final Offers: The State of Maine will not seek or accept a best and final offer (BAFO) from any Bidder in this procurement process.  All Bidders are expected to provide their best value pricing with the submission of their proposal.

4. Negotiations: The Department reserves the right to negotiate with the awarded Bidder 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. 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. 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 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.

D. 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 15 calendar days of receipt of notification of conditional contract award.

PART VI CONTRACT ADMINISTRATION AND CONDITIONS

B. 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.

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) .)

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 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.

C. 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 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 documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from the RFP. Vendor shall provide at least one month’s notification to the Public Advocate by email when the balance remaining on this contract goes below $5,000.

PART VII LIST OF 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 Question Form

Appendix F – Supplemental Documents:

• A copy of the Maine law (P.L. 2019, Ch. 298)

• A copy of the Maine law (P.L. 2023, Ch. 355)

APPENDIX A

State of Maine

Office of the Public Advocate

PROPOSAL COVER PAGE

RFP# 202401010

Non-Wires Alternatives Coordinator

• 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 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.

APPENDIX B

State of Maine

Office of the Public Advocate

DEBARMENT, PERFORMANCE, and NON-COLLUSION CERTIFICATION

RFP# 202401010

Non-Wires Alternatives Coordinator

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.