2024 RFR RW Surveillance and Protected Species Entanglement Response.docx

The Commonwealth of Massachusetts Division of Marine Fisheries

(617) 626-1520 | www.mass.gov/marinefisheries

REQUEST FOR RESPONSE

Massachusetts Large Whale and Sea Turtle Conservation Program RFR # 25001 / COMMBUYS Bid#

ISSUE DATE: 7/10/2024

Fax Number

COMMBUYS Bid Number

1. Description or Purpose of Procurement:

The Massachusetts Division of Marine Fisheries (MA DMF) is seeking a contractor to assist MA DMF in the operation of our Massachusetts Large Whale and Sea Turtle Conservation Program to document, protect, and recover large whale and turtle species found in state waters and adjacent areas. Federal and state funding will provide support for a contract for surveillance research and monitoring of North Atlantic right whales (Eubalaena glacialis) and for entanglement response for all large whale species and sea turtles. The surveillance program consists of long-term projects with direct conservation impact: aerial and focused shipboard ecosystem surveys of right whales from late fall through the spring in Cape Cod Bay and adjacent waters. The disentanglement project will contribute to ongoing conservation efforts and entanglement readiness and response for whales from New Hampshire to Rhode Island, and sea turtles off Massachusetts.

The geographic scope of these efforts will include the Cape Cod area, a portion of the federally designated Critical Habitat for the endangered North Atlantic right whale, as well as several other habitats within the Gulf of Maine Right Whale Critical Habitat (Stellwagen Bank, a National Marine Sanctuary, and parts of the Great South Channel) with historically high rates of entanglement sightings of protected whale species. Aerial surveillance and habitat monitoring efforts will document the distribution and abundance of right whales in relation to foraging requirements with the aim of defining and reducing human impacts, including ship strikes, entanglements, and degradation of habitat quality. Sightings of right whales found during surveys will be reported in near-real time to the National Marine Fisheries Service (NMFS) right whale Sightings Advisory System (SAS) and Whale Map, part of a national system to provide mariners with up-to-date information on right whale occurrence. Photographic information gathered during sightings will be used collaboratively through the North Atlantic Right Whale Consortium (NARWC) to track population trends, aid in the development of conservation and management policies, and monitor the outcome of those management decisions, while contributing information on entanglement and vessel-strikes. Entanglement sightings from field teams and professional mariners will be reported in real time to a network of trained entanglement responders including the response team. Entanglement response, as well as disentanglement operations, provides measurable conservation benefit while gathering valuable data on the causes and circumstances of entanglement events obtainable in no other way.

The Massachusetts Large Whale and Sea Turtle Conservation Program will review proposals as follows:

· Applicants must submit a description of their proposed projects with detailed budgets.

· The project proposals should include applicant expertise and experience, approaches, methods, outcomes, and any permits obtained to work with protected species.

· The budgets should be detailed enough to show a full surveillance and monitoring project can be adequately carried out each year, as well as the costs associated with entanglement response programs.

· Contractors must be permitted by NOAA to conduct this work.

For more details, please read the following Scope of Services, Evaluation Criteria, and Appendix C. Contact Erin Burke, Protected Species Policy Analyst, at erin.burke@mass.gov with questions.

We value inclusivity and encourage applications from minoritized communities/businesses/individuals. We will not discriminate against applicants based on race, color, sex, age, national origin, religion, sexual orientation, gender identity and/or expression, status as a veteran, and basis of disability or any other federal, state, or local protected class.

2. Applicable Procurement Law

Executive Branch Goods and Services

3. Acquisition Method:

4. Whether Single or Multiple Contractors are Required for Contract:

Check One (“X”):

a. Estimated Number of Awards The target maximum number of Contractors is 1; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

b. Adding Contractors after initial Contract Award If, over the life of the contract, the Purchasing Department determines that additional Contractors may be added, these may be drawn from qualified companies that responded to this Solicitation and not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids.

5. Entities Eligible to Use the Resulting Contract

6. Expected Duration of Contract (Initial Duration and any Options to Renew):

Initial Duration

Approximately 1 year. Contract start date will be based on federal funds availability; ending 6/30/2025.

Total Maximum Contract Duration

4 years

7. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement: $1,400,000 annually, contingent upon state and federal funding.

The funding for any contract resulting from this procurement is conditioned upon receipt of federal funds from the National Oceanic and Atmospheric Administration (NOAA) and state funds, including those from the Massachusetts Environmental Trust.

8. Contract Performance and Business Specifications:

Scope of Services:

· The contractor will be responsible for the following:

· Year-round on-call entanglement readiness and response for whales and sea turtles in Massachusetts and adjacent waters using their own vessel, equipment, trained personnel, and (permit) authorization from NOAA to conduct disentanglements.

· Near real-time reporting of confirmed entanglement sightings to MA DMF and National Marine Fisheries Service, with in-depth documentation when responding to entanglements.

· Obtain permits from NOAA for aerial and vessel-based surveillance and monitoring of right whales.

· Conduct large whale habitat monitoring cruises and zooplankton analysis using their own vessel and trained personnel from December to mid-May each year.

· Under the direction of MA DMF, conduct aerial surveillance surveys every year to document individual right whale residency and distribution in Massachusetts waters and adjacent areas from late fall through spring.

· Report all large whale sightings to the Sightings Advisory System at the end of each flight, provide a summary report of sightings to MA DMF within 24 hours, and photo-ID right whale data to the New England Aquarium.

· Document the distribution and abundance of any other marine mammals, fishing gear, and shipping activity in Cape Cod Bay and adjacent waters in winter through spring.

· Collect information documenting changes in the Cape Cod Bay ecosystem including right whale entry into Cape Cod Bay in the late fall, changes in zooplankton characteristics, productivity, and seasonality, and increased use of Cape Cod Bay or other Massachusetts waters.

· Submit semi-annual performance reports to MA DMF detailing program activities.

· The Contractor will have, at a minimum, the following expertise/skills:

· Ten years’ experience disentangling large whales and sea turtles.

· Ability to sample zooplankton in water columns and provide data analysis on these counts.

· Knowledgeable on state and federal regulations that protect endangered large whales, including time-of-year vessel speed restrictions.

· Ability to identify large whale and sea turtle species that frequent Massachusetts waters and adjacent areas, both from an aerial surveillance point of view and vessel-based; in addition to zooplankton species identification for vessel-based sampling.

· Ability to maintain vessel and flight logs documenting all surveillance and monitoring activity, including photographic and environmental data compatible with the North Atlantic Right Whale Consortium.

· Ability to write comprehensive reports documenting all activities under this contract for the purposes of state and federal management discussions.

· Ability to track expenditures and invoice monthly as work is completed.

Scope of Services is not limited to this list.

Consistent with the Commonwealth’s Standard Terms and Conditions, a work created “for hire” by a contractor of the Department of Fish and Game (DFG)/Division of Marine Fisheries (i.e. any tangible product to be delivered as an element of performance under a DFG contract that is purchased or developed with state funds) is owned by the Commonwealth. Consequently, no such work “for hire” shall be copyrighted by the DFG contractor or the specific person employed by the DFG contractor who created the work.

Fiscal Terms: Terms will be fully developed with the selected contractor during contract negotiation. Invoices for work completed during the contract period should be submitted monthly, with the final invoice submitted no more than 30 days after the contract end date. Payments to the contractor will be issued upon acceptance of satisfactory invoices relative to the project budget(s) submitted with their application.

Performance Measures: Performance measures will be described in the statements of work. Proposals must include metrics for measuring job performance and success. It must be evident that the applicant’s project team has the experience or expertise required to complete all deliverables listed in ‘Scope of Services’ within the contracted time frame after receiving funding. The project outcomes will provide information, insight, and advance the Commonwealth’s protected species program.

9. Small Business Purchasing Program This is NOT a small procurement targeted to businesses participating in the Commonwealth’s Small Business Purchasing Program (“SBPP”). To determine eligibility and to participate in the SBPP, please review the requirements and general program information at www.mass.gov/sbpp.

10. Supplier Diversity Plan (SDP) Plan Program Background Pursuant to Executive Order 565, the Commonwealth’s Supplier Diversity Program (SDP) promotes business-to-business relationships between awarded Contractors and diverse businesses and non-profit organizations (“SDP Partners”) certified or recognized (see below for more information) by the Supplier Diversity Office (SDO).

Financial Commitment Requirements All Bidders responding to this solicitation are required to make a significant financial commitment (“SDP Commitment”) to partnering with one or more SDO-certified or recognized diverse business enterprise(s) or non-profit organization(s). This SDP Commitment must be expressed as a percentage of contract sales resulting from this solicitation that would be spent with the SDP Partner(s).

After contract award (if any), the Total SDP Commitment shall become a contractual requirement to be met annually on a Massachusetts fiscal year basis (July 1 – June 30) for the duration of the contract. The minimum acceptable Total SDP Commitment in response to this solicitation shall be 1%. Bidders shall be awarded additional evaluation points for higher SDP Commitments.

No contract shall be awarded to a Bidder without an SDP Commitment that meets the requirements stated herein. This requirement extends to all Bidders regardless of their own supplier diversity certification.

Eligible SDP Partner Certification Categories SDP Partners must be business enterprises and/or non-profit organizations certified or recognized by the SDO in one or more of the following certification categories:

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

· Service-Disabled Veteran-Owned Business Enterprise (SDVOBE)

· Disability-Owned Business Enterprise (DOBE)

· Lesbian, Gay, Bisexual, and Transgender Business Enterprise (LBGTBE) Eligible Types of Business-to-Business Relationships Bidders and Contractors may engage SDP Partners as follows:

· Subcontracting, defined as a partnership in which the SDP partner is involved in the provision of products and/or services to the Commonwealth.

· Ancillary Products and Services, defined as a business relationship in which the SDP partner provides products or services that are not directly related to the Contractor’s contract with the Commonwealth but may be related to the Contractor’s own operational needs.

Other types of business-to-business relationships are not acceptable under this contract. All provisions of this RFR applicable to subcontracting shall apply equally to the engagement of SDP Partners as subcontractors.

Program Flexibility The SDP encompasses the following provisions to support Bidders in establishing and maintaining sustainable business-to-business relationships meeting their needs:

· SDP Partners are not required to be subcontractors.

· SDP Partners are not required to be Massachusetts-based businesses.

· SDP Partners may be changed or added during the term of the contract, provided the Contractor continues to meet its SDP Commitment.

SDP Plan Form Requirements All Bidders must complete the SDP Plan Form included in this solicitation and attach it to their bid response. In addition to proposing an SDP Commitment, each Bidder must propose one or more SDP Partner(s) to utilize to meet its SDP Commitment. Certified diverse Bidders may not list their own companies, or their subsidiaries or affiliates, as SDP Partners and may not meet their SDP Commitment by spending funds internally or with their own subsidiaries or affiliates.

Bidders may propose SDP Partners that are:

· Certified or recognized by the SDO: Such partners appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory. After contract award (if any), spending with such partners will contribute to meeting the Contractor’s SDP Commitment.

· Not yet certified or recognized by the SDO: Such partners must be certified in eligible categories by a third-party certification body, such as another city or state supplier diversity certification office, the National Minority Supplier Development Council, the Women Business Enterprise National Council, Disability: IN, or the National LGBT Chamber of Commerce (NGLCC), but are not listed in the above-mentioned directories. Self-certification is not acceptable. While Bidders may list such proposed SDP Partners on their SDP Plans, spending with such partners will not contribute to meeting the Contractor’s SDP Commitment unless they apply for and are granted SDO supplier diversity certification or recognition. If proposed SDP Partners do not receive SDO supplier diversity certification or recognition, the Contractor must find alternative SDP Partners to meet the SDP Commitment.

It is the responsibility of the Contractor to ensure that their proposed SDP Partners obtain such certification or recognition by the SDO after contract award (if any). The issuing department and the SDO will not conduct outreach to proposed SDP Partners to ensure their certification. Furthermore, no guarantee may be made that a proposed SDP Partner will be certified, or regarding the time it may take to process a proposed SDP Partner certification. Contractors may direct partners to the SDO’s homepage, www.mass.gov/sdo and the Certification Self-Assessment Tool for guidance on applying for certification.

It is desirable for Bidders to provide an SDP Focus Statement that describes the Bidder’s overall approach to increasing the participation of diverse businesses in the provision of products and services under this proposal/contract (subcontracting) and in the Bidder’s general business operations (ancillary products and services). Such a description may include but not be limited to:

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

· Which departments/units within the business are responsible for implementing supplier diversity.

· Types of opportunities for which diverse and small businesses are considered.

· Specific measures/methods of engagement of diverse and small businesses.

· An existing internal supplier diversity policy.

· Public availability of the Bidder’s supplier diversity policy.

It also is desirable for Bidders to use the SDP Plan Form to describe additional creative initiatives (if any) related to engaging, buying from, and/or collaborating with diverse businesses. Such initiatives may include but not be limited to:

· Serving as a mentor in a mentor-protégé relationship.

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

· Voluntary assistance programs by which nondiverse business employees are loaned to diverse businesses or by which diverse business employees are taken into viable business ventures to acquire training and experience in managing business affairs.

Evaluation of SDP Forms To encourage Bidders to develop substantial supplier diversity initiatives and commitments as measures valuable to the Commonwealth, at least 25% of the total available evaluation points for this bid solicitation shall be allocated to the evaluation of the SDP Plan submissions. Because the purpose of the SDP is to promote business-to-business partnerships, the Bidders’ workforce diversity initiatives will not be considered in the evaluation.

SDP Spending Reports and Compliance After contract award, Contractors shall be required to provide reports demonstrating compliance with the agreed-upon SDP Commitment as directed by the department, which in no case shall be less than annually.

Spending with SDP Partners that appear in the SDO Directory of Certified Businesses or in the U.S. Dept of Veterans Affairs VetBiz Vendor Information Pages directory shall be counted toward a Contractor’s compliance with their SDP Commitment. Spending with SDP Partners that do not appear in the directories above shall not be counted toward meeting a Contractor’s SDP Commitment.

It is the responsibility of the Contractor to ensure they meet their SDP Commitment. The SDO and the issuing department assume no responsibility for any Contractor’s failure to meet its SDP Commitment.

SDP Spending Verification The SDO and the contracting department reserve the right to contact SDP Partners at any time to request that they attest to the amounts reported to have been paid to them by the Contractor.

Program Resources and Assistance Contractors seeking assistance in the development of their SDP Plans or identification of potential SDP Partners may visit the SDP webpage, www.mass.gov/sdp, or contact the SDP Help Desk at sdp@mass.gov.

11. Environmentally Preferable Products Products and services purchased by state agencies must be in compliance with Executive Order 515, issued October 27, 2009. Under this Executive Order, Executive Departments are required to reduce their impact on the environment and enhance public health by procuring environmentally preferable products and services (EPPs) whenever such products and services perform to satisfactory standards and represent best value, consistent with 801 CMR 21.00. In line with this directive, all Contracts, whether departmental or statewide, must comply with the specifications and guidelines established by OSD and the EPP Program. EPPs are products and services that help to conserve natural resources, reduce waste, protect public health and the environment, and promote the use of clean technologies, recycled materials, and less toxic products. Bid responses must identify how a contractor meets these goals.

12. Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored, and ranked by the evaluation team according to the evaluation criteria. Additional information may be requested for evaluation purposes.

As described in the first section of this RFR, contractors must be permitted by NOAA to conduct this work.

Supplier Diversity Evaluation of Bidders’ Responses (25%)

a. The Quotes will be reviewed for compliance with the Supplier Diversity Plan (SDP) requirements specified in the RFR. The Department’s SDP staff will evaluate each Bidder’s SDP response, and the scoring of the response to SDP requirements shall account for no less than 10% of the total points in the evaluation.

Technical and Management Experience and Capabilities Evaluation (40%)

b. A panel comprised of MA DMF Protected Species Program staff familiar with this program’s requirements will evaluate the qualifications and capabilities of each Bidder to perform the required specifications under the contract. This evaluation will emphasize qualifications for each service described in the scope of service. This step may include verification of credentials and stated experience of the Bidder and its subcontractors, and verification of compliance with pertinent permit requirements. MA DMF may contact individuals other than those listed on reference forms for documentation of any information.

1. Evaluation: The evaluation process will focus on each Bidder’s demonstrated ability, competency, and breadth and depth of qualifications and experience of the Contractor(s), Subcontractor(s), and key staff to provide the Programmatic and/or Technical Assistance Services as described Scope of Services. Focus will also be on the Bidder’s demonstrated familiarity with implementation and monitoring/oversight and direct experience providing the services offered for these purposes.

Price Evaluation - Budgets (35%)

c. Budgets will be evaluated separately and as a whole; and cost will be heavily weighted in the overall scoring and ranking. MA DMF reserves the right to negotiate and to request best and final offers. Prompt Payment Discounts (PPD) information (refer to Appendix A RFR Required Specifications) will be evaluated as part of the overall price evaluation.

Combined Experience/Capabilities and Pricing Evaluations, and Recommendations for Contract Award. The SST’s final evaluation will include a comparison and final ranking of Bidders based on the experience and capabilities, together with the pricing evaluation, in order to arrive at the best-value Bidders. All Quotes will be evaluated by MA DMF according to quality and responsiveness including completeness, organization, and conciseness. The selected list of Bidders will be forwarded to MA DMF management with the SST’s final recommendations for Contract award.

13. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B.

Any submission that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

14. Estimated Procurement Calendar

Bidders are required to monitor COMMBUYS for changes to the procurement calendar for this Bid.

a. Quotes (Bid Responses) Deadline (Bid Opening Date/Time) See the Quotes (Bid Responses) Deadline (Bid Opening) Date and Time indicated in the Estimated Procurement Calendar (above).

b. Estimated Contract Start Date This is the approximate start date. The actual start date will be the Contract Effective Date which is the date the Contract is executed by the parties.

15.

Required Forms Responses to this RFR must contain the following documents:

· Proposal Statements of Work and Budgets as outlined in Appendix C – Refer to Scope of Services and Evaluation Criteria for additional guidance.

· Supplier Diversity Plan Forms – Refer to Section 10 and see CommBuys required forms (link).

· The forms below are not required at this time but will be requested once a bid is accepted:

The above attachments are available as part of the Bid record on COMMBUYS (WWW.COMMBUYS.COM).

16. RFR Attachments Appendix A: Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids Effective June 15, 2021, for all 1) CTR forms, including the Standard Contract Form, W-9s, Electronic Funds Transfer (EFT) forms, ISAs, and other CTR-issued documents and forms, or 2) documents related to state finance and within the statutory area of authority or control of CTR (i.e. contracts, payrolls, and related supporting documentation), CTR will accept signatures executed by an authorized signatory in any of the following ways: 1. Traditional “wet signature” (ink on paper); 2. Electronic signature that is either: a. Hand drawn using a mouse or finger if working from a touch screen device; or Page 2 b. An uploaded picture of the signatory’s hand drawn signature 3. Electronic signatures affixed using a digital tool such as Adobe Sign or DocuSign. If using an electronic signature, the signature must be visible, include the signatory’s name and title, and must be accompanied by a signature date. Please be advised that typed text of a name not generated by a digital tool such as Adobe Sign or DocuSign, even in computer-generated cursive script, or an electronic symbol, are not acceptable forms of electronic signature.

Appendix C: RFR – Proposal Format Instructions and Required Information

Appendix C: RFR – Proposal Format Instructions and Required Information Cover page (one page):

Include the name and address of the organization, title of the project, and person(s) in charge of the proposed research along with their email and phone contact information.

Statements of Work (no more than ten pages total). Please see Evaluation Criteria and Scope of Services for additional guidance:

a. Write a separate Statement of Work for programs 1, 2 and 3, below. Describe the approaches, methods, goals, objectives, and outcomes/benefits during the time July 1 through June 30 for each:

1. Entanglement response program for large whales and sea turtles.

2. Entanglement response program for large whales.

3. Aerial surveillance and habitat monitoring program for North Atlantic right whales.

b. Describe expertise and experience with large whale and sea turtle entanglement response and North Atlantic right whale aerial surveillance and habitat monitoring.

c. List any state or federal permits required for large whale and sea turtle entanglement response and North Atlantic right whale aerial surveillance and habitat monitoring. Include the permit number(s) and expiration date of permit(s).

d. Include a timeline of activities with project deliverables and any performance measures to support completeness.

e. Explain how the Massachusetts Division of Marine Fisheries Protected Species Program will be incorporated into project communications.

Budget (no more than three pages total): provide detailed costs for the following from July 1 through June 30:

a. Write a separate budget for 1, 2a, and 2b:

1. $200,000 for a large whale and sea turtle entanglement response program.

2. $1,216,000 divided into two programs:

a) a large whale entanglement response program (without turtle response), and

b) a North Atlantic right whale aerial surveillance and habitat monitoring program.

The amounts reflect the estimated funds available. There should be a total of three separate budgets submitted (1, 2a, and 2b), all detailing costs for personnel, supplies, travel, equipment, indirect, and any other expenses necessary to complete the work described in the statement of work. Explain how each expense is necessary to complete the statement of work. If indirect expenses are requested, please include the current approved federally negotiated indirect cost rate agreement (not counted in the page limit).

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