Section 648-1-3 - OTHER TYPES OF SOLICITATIONSThe Efficiency Maine Trust may select a service provider for one or more programs without employing a competitive bidding process if the Trust finds that the selection of the service provider by another solicitation process will promote the efficient and effective delivery of programs and is consistent with the objectives and overall strategy of the programs. Solicitations that do not employ competitive bidding processes may include:
A.Open Solicitations. The Efficiency Maine Trust may use an open solicitation to select multiple service providers for a program through an ongoing solicitation process. The open solicitation specifies the qualifications and requirements the service provider is required to meet. Service providers meeting these qualifications must complete a cooperative program agreement, as described in Section 4(C), with the Efficiency Maine Trust to provide the specified services.B.Sole Source Procurements. The Efficiency Maine Trust may use a sole source procurement when: (1) the service provider has unique qualifications, resources, or experience; (2) there is not enough time to use a competitive bidding process; (3) the Trust finds that the program or required service would clearly benefit from a sole source procurement; or (4) the service provider is an identified partner in a grant proposal that has been submitted by and awarded to the Trust. The decision whether to use a sole source procurement for $10,000 or less is delegated to the Executive Director of Efficiency Maine Trust. The decision to use a sole source procurement for more than $10,000 will made by the Efficiency Maine Trust Board, or may be delegated on case-by-case basis by the Efficiency Maine Trust Board.C.Low-Income Service Providers. For the delivery of conservation programs to low-income residential customers, the Efficiency Maine Trust may, without employing a competitive bidding process, use the delivery system of the Weatherization Assistance for Low-Income Persons Program administered through the United States Department of Energy and the network of for-profit and not-for-profit entities which deliver efficiency services to low-income and residential customers.95- 648 C.M.R. ch. 1, § 3