Current through 2024-46, November 13, 2024
Section 648-1-1 - GENERAL PROVISIONS AND DEFINITIONSA.Scope of Rule. This rule establishes the procedures governing the selection of service providers for energy efficiency and alternative energy programs administered by the Efficiency Maine Trust and the selection of grant recipients to receive funds administered by the Trust for energy efficiency and alternative energy projects.B.Definitions1.Aggrieved person. "Aggrieved person" means any person who bids in response to an RFP, RFQ or PON and who is adversely affected by the contract award decision made pursuant to the RFP, RFQ or PON.2.Bid. "Bid" means a response to an RFP, RFQ or PON.3.Bidder. "Bidder" means a person or entity that submits a bid.4.Contract Administrator. "Contract Administrator" means the employee of the Efficiency Maine Trust designated to administer contracts between the Efficiency Maine Trust and service providers, grant recipients and other vendors and consultants.5.Program. "Program" means an energy efficiency or alternative energy program developed or administered by the Efficiency Maine Trust pursuant to 35-A M.R.S.A. Chapter 97 or Chapter 99 or other applicable law.6.Program Opportunity Notice. "Program Opportunity Notice" means a document identifying the area or market sector of interest and the energy efficiency or alternative energy goals sought to be achieved. The document will solicit proposals on how the identified goals can be achieved. As a result of the Program Opportunity Notice, the Efficiency Maine Trust may choose one or more bidders to work on one or more programs or projects. This document is also known by the initials "PON."7.Project. "Project" means an energy efficiency or alternative energy project that is funded in part or in whole by a grant from the Efficiency Maine Trust.8.Proposal. "Proposal" has the same meaning herein as the term "bid."9.Request for Proposal. "Request for Proposal" means a document inviting proposals for and listing the scope of work being requested, other requirements of the Efficiency Maine Trust, and the technical evaluation criteria and cost evaluation criteria for selection of the winning bidder. The document is also known by the initials "RFP."10.Request for Qualifications. "Request for Qualifications" means a document listing the scope of work for the being requested, other requirements of the Efficiency Maine Trust, and the technical evaluation criteria for selection of the winning bidder. The document normally requires only a technical response. The Trust may select one or more bidders in response to a Request for Qualifications and then request cost proposals from or negotiate the cost terms of agreement with the qualified bidder(s). The document is also known by the initials "RFQ."11.Service Provider. "Service provider" means a public or private provider of energy efficiency or alternative energy services or an entity selected by the Trust to contract with such providers or otherwise arrange the delivery of programs. "Service provider" also includes entities that indirectly deliver energy efficiency or alternative energy services to customers, such as entities that process and pay coupons, and entities that provide assistance in performing program evaluations and other services required by the Trust to fulfill its duties under 35-A M.R.S.A. Chapter 97 and Chapter 99 and other applicable law.12.Trust. "Trust" means the Efficiency Maine Trust established in 35-A M.R.S.A. §10103.C.Computation of time periods. All time periods prescribed in this rule are computed using calendar days, including Saturdays, Sundays and Federal holidays. The day from which the designated time period beings to run shall not be included in the computation. The last day of the period shall be included unless it is a Saturday, Sunday or Federal holiday, in which case the period runs until the next day which is not a Saturday, Sunday or Federal holiday.95- 648 C.M.R. ch. 1, § 1