260730_Biological_Oyster_Mon_Resolicitation_Rev1.pdf

HOUSING TRUST FUND CORPORATION

641 LEXINGTON AVENUE ▪ NEW YORK, NEW YORK 10022

www.hcr.ny.gov

Kathy Hochul, Governor RuthAnne Visnauskas, Commissioner/CEO

RFP Re–Issuance Date: July 13, 2026 Proposal Submission Deadline: August 17, 2026, 12pm, EDT

Number: HCR-RFP-260713

Request For Proposals for

Biological Monitoring of Oyster Implementation for the Living

Breakwaters Project

Biological Monitoring of Oyster Implementation for the Liv ing Breakwaters Project biological

Request for Proposals For

Biological Monitoring of Oyster Implementation for the Living Breakwaters Project

Table of Contents Biological Monitoring of Oyster Implementation for the Living Breakwaters Project

1. Introduction

1.1 Housing Trust Fund Corporation

1.2 The Office of Resilient Homes and Communities

2. Purpose

3. [RESERVED]

4. Project Background

5. Assessment of Practices relating to Diversity and Service-Disabled Veteran Owned Business Enterprises (“SDVOBs”)

5.1 Minority and/or Women Owned Business Enterprise Participation

5.2 Service-Disabled Veteran-Owned Business Enterprise Participation

5.3 MWBE and SDVOB Partner/Subcontractor Interest

6. Primary Contractor and Subcontractor(s) Team

7. Calendar of Events and Milestones

8. Intent to Submit Proposal

9. Scope of Services (“Scope of Work”)

9.1 Qualifications and Experience

9.2 Scope of Work

9.3 Deliverables

10. Questions and Answers

11. Amendments and Addenda

12. Contract

13. Proposal Requirements

14. Contents of Proposals

14.1 TAB 1: Proposal Coversheet, Cover Letter and Proposal Certification

14.2 TAB 2: Technical Proposal

14.3 TAB 3: Cost Proposal

14.4 TAB 4: Administrative Proposal

14.5 TAB 5: EEO, Diversity and SDVOB Proposal

15. Proposal Submission Requirements

16. Evaluation of Proposals

16.1 Evaluation and Criteria for Selection

16.2 Scoring of Written Proposals

16.3 Interviews

16.4 Selection and Notification Process

FORM A: Intent to Submit Proposal Form FORM B: Cost Proposal Template Attachment I Attachment A: Proposal Checklist

Policies, Standard Clauses and Requirements

HOUSING TRUST FUND CORPORATION

REQUEST FOR PROPOSALS

FOR

BIOLOGICAL MONITORING OF OYSTER IMPLEMENTATION

FOR THE LIVING BREAKWATERS PROJECT

IMPORTANT NOTICE: A Restricted Period under the Procurement Lobbying Law is currently in effect for this procurement process and will remain in effect until execution and approval of the Contract(s). Proposers are prohibited from impermissible Contacts related to this procurement process with any employee of the New York State Housing Trust Fund Corporation (“HTFC” or “Agency”) or its Affiliate(s)1, other than the Designated Contact Officer listed below.

Lobbying Law Designated Contact Officer:

Kathryn Mazzeo, Associate Counsel New York State Homes & Community Renewal 38-40 Broadway, Hampton Plaza, 5th Floor Albany, NY 12207 Email: Kathryn.Mazzeo@hcr.ny.gov

If you have inquiries regarding this request for proposal or would like to contact the Agency(ies) regarding issues not relating to impermissible Procurement Lobbying Law Contacts, please forward inquiries via electronic email to contractunitinfo@hcr.ny.gov. The subject line of the email should indicate “2026 Biological Monitoring of Oyster Implementation RFP”.

Further information regarding the Procurement Lobbying Law policies of the Agency(ies) is available in the Agencies’ Standard Clauses and Requirements for Solicitations, hyperlinked herein as Exhibit A.

1. Introduction

New York State Homes and Community Renewal (“HCR”) consists of all the major housing and community renewal agencies of the State of New York (“State”), including the Housing Trust Fund Corporation (“HTFC” or “Agency”). HCR includes other agencies (“Affiliates”) not involved in this request for proposals (“RFP”) process.

1Affiliate(s) shall mean the other agencies comprising New York State Homes and Community Renewal being the State of New York Mortgage Agency, New York State Affordable Housing Corporation, Housing Trust Fund Corporation, State of New York Municipal Bond Bank Agency and Tobacco Settlement Financing Corporation.

1.1 Housing Trust Fund Corporation

The mission of the Housing Trust Fund Corporation is to further community development through the construction, development, revitalization and preservation of low-income housing, the development and preservation of businesses, the creation of job opportunities, and the development of public infrastructures and facilities.

1.2 The Office of Resilient Homes and Communities

The Office of Resilient Homes and Communities (RHC), an office within HTFC (and formerly, the Governor’s Office of Storm Recovery (GOSR)), administers disaster recovery and resiliency programs. In 2013, GOSR was created to coordinate statewide recovery efforts for Superstorm Sandy, Hurricane Irene and Tropical Storm Lee. In 2022, RHC was established as a permanent office within HCR.

RHC's disaster recovery programs include $4.6 billion in long-term recovery from Superstorm Sandy, Hurricane Irene and Tropical Storm Lee and $68 million in disaster recovery funding for Hurricane Ida.

2. Purpose

This request for proposals (RFP) is issued in accordance with HTFC’s Procurement and Contract Guidelines and in compliance with Section 2879 of the New York State Public Authorities Law and seeks to provide Biological Monitoring of Oyster Implementation for the Living Breakwaters Project (“Project”) as further described in the Scope of services section of this RFP.

This solicitation is being reissued following the cancellation of the prior solicitation. All prior submission deadlines are hereby superseded by the revised schedule set forth in Section 7, Calendar of Events and Milestones.

The contract(s) resulting from this RFP process will be for a five-year term (2027-2031), subject to approval by the Agency’s Board of Directors (“Board”).

3. [RESERVED]

4. Project Background

PROJECT FUNDING: The Contract(s) resulting from this RFP process shall be funded via the New York State Bonded Capital Appropriations. The successful Proposer(s) resulting from this RFP process (Contractor(s) shall be required to comply with the terms and conditions of the grant and all applicable federal, State, and local laws, regulations, and procedures. While this specific contract is state-funded, the Contractor must ensure all work remains consistent with the overarching resiliency goals of the Living Breakwaters Project. Compliance with the Uniform Administrative Requirements and Cost Principles, codified at 2 C.F.R. Part 200, may be required to the extent that any federal oversight remains applicable to the Project's broader environmental record.

The Living Breakwaters Project, located offshore of Tottenville, NY, in the waters of the Raritan Bay, is a critical resilience initiative managed by the Office of Resilient Homes and Communities (RHC) and the Housing Trust Fund Corporation (HTFC). Following the successful construction of the breakwaters, the State is implementing a multi-phase oyster restoration strategy. Oysters are being introduced to the system in two phases during the summers of 2025 and 2026 through both in-situ (direct setting) trials and the installation of 4,494 seeded ECOncrete disks.

As the project transitions from installation to long-term performance, the State requires professional biological monitoring for a five-year period (2027–2031). This monitoring is a mandatory requirement of the project's regulatory permits and is essential for the execution of the Adaptive Management Plan. The selected vendor will be responsible for evaluating approximately 30 million spats, focusing on two primary research areas: (1) Growth, Mortality, and Recruitment, and (2) Epibenthic Community Utilization. Data collected will inform real-time adaptive strategies, including potential re-seeding or disk replacement, to ensure the long-term ecological success of the restoration effort.

5. Assessment of Practices relating to Diversity and Service- Disabled Veteran Owned Business Enterprises (“SDVOBs”)

The Agency(ies) has/have determined, pursuant to New York State Executive Law Article 15-a (“Article 15-A”) and New York State Veterans’ Law Article 3 (“Article 3”), that the assessment of participation by minority-and/or women-owned business enterprises (“MWBEs”) (assessment of participation by MWBEs hereinafter referred to as (“Diversity”) and SDVOB practices of Proposers responding to this RFP is practical, feasible, and appropriate.

5.1 Minority and/or Women Owned Business Enterprise Participation

The Agency(ies) is/are committed to awarding contracts to firms that are dedicated to diversity and provide high-quality services. The Agency(ies) strongly encourage(s) firms that are certified by the State as MWBEs to submit responses to this RFP. All MWBE firms submitting proposals to this RFP should be registered as such with the State’s Empire State Development (“ESD”).

The Agency(ies) is/are required to implement the provisions of Article 15-A and 5 NYCRR Parts 142-144 (“MWBE Regulations”) for all Agency contracts, as defined therein, with a value in excess of $25,000. For assistance identifying MWBE partners, review the list of certified State MWBEs, hyperlinked herein.

For purposes of this solicitation, the Agency(ies) hereby establish(es) an overall goal of 30% of total contract expenditures for MWBE participation, 15% for minority-owned business enterprises (“MBEs”) and 15% for women-owned business enterprises (“WBEs”).

5.2 Service-Disabled Veteran-Owned Business Enterprise Participation

The Agency(ies) is/are committed to awarding contracts to SDVOBs that provide high-quality services. The Agency(ies) strongly encourage(s) firms that are certified as SDVOBs to submit responses to this RFP. All SDVOB firms submitting proposals to this RFP should be certified with the State’s Office of General Services (“OGS”).

The Agency(ies) is/are required to implement the provisions of Article 3 for all Agency contracts, as defined therein, with a value in excess of $25,000. For assistance identifying SDVOB partners, review the list of certified State SDVOBs, hyperlinked herein.

For purposes of this solicitation, the Agency(ies) hereby establish(es) a goal of 6% of total contract expenditures for SDVOB participation.

5.3 MWBE and SDVOB Partner/Subcontractor Interest

MWBEs and SDVOBs certified in the State may request that their firm’s contact information be included on a list of MWBE and SDVOB firms interested in serving as a subcontractor for this RFP. The listing will be publicly posted on the Agency’s/Agencies’ website for reference by the bidding community. A firm requesting inclusion on this list should send contact information and a copy of its MWBE certification and/or SDVOB certification to ContractUnitInfo@hcr.ny.gov.

Nothing prohibits an MWBE or a SDVOB firm from proposing as a prime contractor (i.e., a “Proposer”).

6. Primary Contractor and Subcontractor(s) Team

Proposers may partner with other entities including, but not limited to, MWBEs and SDVOBs, to provide the Agency(ies) with the Scope of Work described in the Scope of Services section of this RFP. The successful Proposer must be the lead vendor (“Primary Contractor”) that will serve as the legal contracting entity with which the Agency(ies) will enter a contract. If the Proposal Submission includes the provision of services from any other participating vendors, it is understood that those vendors will serve as subcontractors to the Primary Contractor.

For purposes of evaluating Proposal Submissions and developing the intended agreement(s) between the Agency(ies) and the Primary Contractor, all contributions to the project from both the Primary Contractor and its subcontractor(s), including skills, attributes, and products, will be considered as the total proposal put forth by the Primary Contractor. All necessary communications will be directed to the Primary Contractor.

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7. Calendar of Events and Milestones

It is anticipated that contract(s) resulting from this RFP process will be awarded based on the following schedule:

Event Date

Re-Issuance of Request for Proposals July 13, 2026, Eastern Daylight Time

(“EDT”)

Intent to Submit Proposal (optional but highly encouraged)

July 24, 2026, 12:00pm, EDT

Deadline for RFP Questions July 24, 2026, 12:00pm, EDT

Deadline for Responses to RFP Questions July 31, 2026

Deadline for Submission of Proposals August 17, 2026, 12:00pm, EDT

Interviews/Demonstrations (if necessary) September 2026 (anticipated)

Anticipated Selection Date* September 2026

*Subject to the approval of the Agency’s Board of Directors (“Board”).

The Agency(ies) reserve(s) the right to modify this schedule at it/their discretion. Notification of changes in connection with this RFP will be made available to all interested parties via the Agencies’/Agency’s web page at: https://hcr.ny.gov/procurement-opportunities.

8. Intent to Submit Proposal

Proposers are strongly encouraged to complete an Intent to Submit Proposal form, attached hereto as Form A, and to submit the form via email to ContractUnitInfo@hcr.ny.gov with the subject line “Intent to Submit Proposal – 2026 Biological Monitoring of Oyster Implementation – Re- Solicitation”.

The submission of the Intent to Submit Proposal form, while encouraged, is not mandatory and, as such, is not binding in any way. Proposers that submit an Intent to Submit Proposal form will be added to HCR’s bidders’ list and will be notified of future related HCR solicitations.

9. Scope of Services (“Scope of Work”)

9.1 Qualifications and Experience

The successful Proposer will provide HTFC with Biological Monitoring of the Oyster Implementation for the Living Breakwaters Project and must have significant experience in marine biological monitoring and oyster restoration projects, specifically involving in-situ trials and concrete substrate monitoring. The successful Proposer will comply with the Agencies' Information Security Policy, hyperlinked herein.

Contractor shall coordinate and manage all parties, such as subcontractors, and be prompt and accurate with scheduling, attendance at meetings and for work performance.

9.2 Scope of Work

The successful Proposer must provide Biological Monitoring of Oyster Implementation for the Living Breakwaters Project (“Project”). The Project, located offshore of Tottenville, NY, in the waters of the Raritan Bay, is a critical resilience initiative managed by RHC and HTFC. Oysters are being introduced to the system in two phases during the summers of 2025 and 2026 through both in-situ (direct setting) trials and the installation of 4,494 seeded ECOncrete disks.

The successful Proposer shall be responsible for professional biological monitoring for a five-year period (2027–2031). This monitoring is a mandatory requirement of the project's regulatory permits and is essential for the execution of the Adaptive Management Plan. The successful Proposer will be responsible for evaluating approximately 30 million spats, focusing on two primary research areas: (1) Growth, Mortality, and Recruitment, and (2) Epibenthic Community Utilization. Data collected will inform real-time adaptive strategies, including potential re-seeding or disk replacement, to ensure the long-term ecological success of the restoration effort.

All required monitoring efforts contained in this solicitation shall conform to the requirements set forth in the following issued permits:

1) NYSDEC Permit No. 2-6405-00610/00007; PID 3296

REBUILD BY DESIGN LIVING BREAKWATERS & SHORELINE PROTECTION

Establish oyster reef habitats

2) USACE Permit No. NAN-2025-01009-MLO

The following attachments are included in the RFP for bidders information, and required regulatory monitoring requirements for the scope of work:

1. DOS Concurrence Notice(s)

2. NYSDEC Permit

3. NYSDEC Permit Attachments

4. USACE Permit

5. USACE Permit Reverification

Methodologies shall be consistent with those established by Levinton et al. (2013) for reproduction and Fitzgerald et al. (2020) for epibenthic characterization. The successful Proposer shall conduct biological monitoring of the Living Breakwaters Project, including, but not limited to the performance of the following tasks:

9.2.1 Growth, Mortality & Recruitment Assessment

Annual Monitoring (Years 1-5): Conduct annual assessments of oyster health and performance for approximately 30 million spat.

Substrate Surveys: Monitor both 4,494 seeded ECOncrete disks and in-situ setting trials conducted on armor units and core stone. Each ECOncrete disk weighs approximately 10-12 lbs. and has a diameter of approximately 10 inches.

Field Parameters: Collect data on density (live/dead oysters per square meter), growth (shell height in mm using calipers), and mortality (visual assessment of dead box oysters).

Spat Counting: Record recruitment by identifying and measuring oysters with a shell height less than 25 mm.

Sampling Intensity: For seeded disks, sample at least one disk from approximately 30% of the armor units (41 of 137 units) across Breakwaters D, F, G, and H. For in-situ trials, establish 150-foot transects on both the lee and ocean sides of the breakwaters.

9.2.2 Reproduction & Disease Evaluation (MSX & Dermo)

Biological Sampling (Years 3 & 5): In August of 2029 and 2031, sample a minimum of 40 adult oysters stratified across the four breakwaters.

Histological Analysis: Conduct lab-based reproduction assessments to determine sex ratio and gonad condition (stages I through S4). Analysis must align with the protocols of the Marine Animal Disease Lab at Stony Brook University.

Disease Testing: Utilize standard industry protocols (such as Ray’s fluid thioglycollate medium) to diagnose Dermo (Perkinsus marinus) intensity on the Mackin Scale and MSX (Haplosporidium nelsoni) prevalence.

Condition Index: Calculate oyster health as the dry weight of tissue divided by the dry weight of the shell multiplied by 100.

9.2.3 Epibenthic Community Utilization Documentation

Biodiversity Surveys (Years 1, 3, & 5): Document the community composition of flora and fauna colonizing the ECOncrete disks.

Taxonomic Identification: Identify all vegetation (e.g., Fucus sp., Ulva sp.), sessile organisms (e.g., barnacles, sponges), and mobile species (e.g., oyster drills, crabs) to the lowest practical taxon.

Abundance & Cover: Report taxonomic richness and calculate percent cover for colonial organisms using image analysis software.

Field Techniques: Utilize in-situ photography or video via divers/snorkelers.

9.2.4 Adaptive Management Field Observations

Structural Integrity: During annual monitoring, document and report any missing, broken, or cracked ECOncrete disks, noting the specific armor unit location for potential replacement.

Predation Monitoring: Record presence and abundance of common predators (e.g., oyster drills or boring sponges) and identify marks of predation on disks.

Corrective Recommendations: Based on field data (e.g., mortality rates exceeding recruitment), provide management recommendations regarding re-seeding strategies or modifications to monitoring methods.

9.3 Deliverables

The successful Proposer(s) (the “Contractor(s)”) must provide:

Finalized Sampling Plans: Prior to the commencement of Year 1 monitoring in 2027, the Contractor must submit a randomized, stratified sampling plan for both Growth/Recruitment and Epibenthic monitoring. This plan must catalog the "as-built" record of installed disks and specify the 41 armor units selected for study.

Annual Monitoring Reports: Due by December 31 of each year (2027–2031), these reports must be submitted to the regulatory agencies in accordance with the attached USACE and DEC Permits and adaptive management plan.

Reports shall include raw data, and statistical analyses of the relevant parameters measured.

Oyster Health & Performance Data: Annual reports must include size-frequency distributions (histograms), average shell height, and standard deviation for each breakwater. The Contractor must also provide calculated annual growth and mortality rates.

Specialized Lab Reports (Years 3 & 5): For the 2029 and 2031 reporting cycles, the Contractor must provide supplemental data on gonad condition, sex ratios, and disease prevalence/intensity (Mackin Scale for Dermo and for

MSX).

Epibenthic Community Analysis (Years 1, 3, & 5): Reports for these years must include a complete list of observed taxa, taxonomic richness, and percent cover calculations for colonial organisms.

Adaptive Management & Performance Recommendations: Each Annual Monitoring Report must compare field data against the established Performance Criteria (e.g., stabilization of density, disease prevalence <60%).

The Contractor shall provide recommendations for re-seeding or disk replacement based on these findings.

10. Questions and Answers

Any questions or requests for clarification regarding this RFP must be submitted by way of email to contractunitinfo@hcr.ny.gov no later than the date identified in the “Calendar of Events and Milestone” section of this RFP. The “Subject” line of the email should indicate “Questions – 2026 Biological Monitoring of Oyster Implementation –Re-Solicitation”

Questions will not be accepted orally and any question received after the deadline may not be answered. The list of questions/requests for clarifications and the official Agency responses will be posted in a timely manner on HCR’s Procurement Opportunities” webpage.

Proposers should note that all clarifications and exceptions are to be resolved prior to submission of the proposal.

An electronic version of this RFP will be posted on HCR’s website in addition to any subsequent changes, additions or deletions to the RFP, including the timelines and target dates. Proposers are encouraged to check HCR’s website frequently for notices of any clarifications, changes, additions or deletions to the RFP.

11. Amendments and Addenda

The Agency(ies) reserve(s) the right to modify any part of this RFP including, but not limited to, the date and time by which proposals must be submitted and received by the Agency(ies), at any time prior to the Deadline for Submission of Proposals date listed in the “Calendar of Events and Milestones” section of this RFP. Modifications to this RFP will be made by issuance of amendments and/or addenda. Any amendment or addendum to this RFP will become part of this

RFP.

Prior to the Deadline for Submission of proposals’ date, any such clarifications or modifications as deemed necessary will be posted to HCR’s website.

If the Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in this RFP, the Proposer will immediately notify the Agency(ies) of such error in writing and request clarification or modification of the document.

There are no designated dates for release of addenda; therefore, interested Proposers should check the Agency’s/Agencies’ website frequently through the Deadline for Submission of Proposals’ date. It is the sole responsibility of the Proposer to be knowledgeable of all addenda related to this RFP process.

12. Contract

The contract(s) resulting from this RFP process will be to provide the Agency/Agencies with Biological Monitoring of Oyster Implementation for the Living Breakwaters Project for a five-year period, subject to approval by the Agency’s Board. The Agency, at its discretion, may exercise its/their option to modify any provision in the contract including, but not limited to, the scope of services and compensation, on an as needed basis, with the mutual written consent of the contracting parties. Any contract that exceeds a five-year period will require the affirmative concurrence of the Agency’s Board to extend the term of the contract beyond a five-year period without undergoing a new solicitation process.

The successful Proposer(s) will be required to execute a contract with the Agency/Agencies that incorporates the Agencies’ Standard Clauses for Contracts and MWBE Participation Requirements and Procedures for Contracts, hyperlinked herein as Appendices I and II, respectively. The successful Proposer(s) will also be required to execute a Confidentiality Pledge, attached hereto as Exhibit B, and comply with the Agencies’ Information Security Policy, hyperlinked herein.

The Agency reserves the right to award any resulting contract(s) from this RFP process to one or more Contractors.

13. Proposal Requirements

A complete proposal for this RFP is comprised of five (5) separate tabs: (i) Tab One: Proposal Cover Sheet, Cover Letter and Proposal Certification; (ii) Tab Two: Technical Proposal; (iii) Tab Three: Cost Proposal; (iv) Tab Four: Administrative Proposal; and (v) Tab Five: EEO, Diversity and SDVOB Proposal.

The Proposal must be complete and prepared in the format consistent with the instructions provided in this RFP. In all instances, the Agency’s/Agencies’ determination regarding a proposal will be final. Proposals not organized in the manner prescribed in this RFP may be considered non-responsive at the Agency’s/Agencies’ sole discretion. Proposers should not refer to other parts of the proposal, to information that may be publicly available elsewhere, or to the Proposer’s or other websites in lieu of answering a specific question.

Bidders assume all risks for timely, properly submitted proposals. Bidders are strongly encouraged to submit proposals to the Agency prior to the proposal due date and time provided in Calendar of Events of this RFP. Any bid received after the established time will be considered a late Bid. A late bid may be rejected and disqualified from award.

Notwithstanding the foregoing, a late bid may be accepted at the Agency’s sole discretion where:

(i) no timely bids meeting the requirements of the RFP are received, (ii) in the case of a multiple award, an insufficient number of timely bids are received to satisfy the multiple award, (iii) the bidder has demonstrated to the satisfaction of the Agency that the late bid was caused solely by factors outside the control of the bidder, or (iv) the Agency has determined that it is in the best interests of HTFC to accept the bid. In no event shall the Agency be under any obligation to accept a late bid. The basis for any determination to accept a late bid shall be documented in the procurement record. All submissions and accompanying documentation shall become the property of the Agency and shall not be returned.

14. Contents of Proposals

The Proposer must submit a proposal that clearly provides all the information required in this RFP.

Emphasis should be made on conformance to the RFP instructions, responsiveness to the RFP requirements, and clarity of content. The Proposer is advised to thoroughly read and follow all instructions contained in this RFP. Proposals that do not comply with these instructions, or do not meet the full intent of all the requirements of this RFP, may be subject to scoring reductions during the evaluation process or may be deemed non-responsive.

The Agency(ies) does/do not require, nor desire, any promotional material that does not specifically address the proposal requirements in this RFP.

The proposal should demonstrate that the Proposer is qualified to perform the Scope of Work based upon prior relevant professional experience and credentials, if any.

The completed proposal will include Tabs One through Five, as described in the Proposal Submission Requirements section of this RFP. Each Tab must be electronically bookmarked as “Tab 1,” “Tab 2,” “Tab 3,” “Tab 4,” and “Tab 5,” and must be presented in the exact order requested in this RFP. A proposal that does not include all required information and completed forms may be subject to rejection.

The Proposer’s proposal must contain responses to the items listed below.

14.1 TAB 1: Proposal Coversheet, Cover Letter and Proposal Certification

The Proposer shall submit, as part of its Proposal Submission, the Proposal Coversheet, Cover Letter and Proposal Submission Certification (collectively titled as “Attachment I” of Tab 1) as outlined in this RFP

14.1.1 Proposal Coversheet

The Proposer shall complete and submit a Proposal Coversheet which contains identifying information for the firm. The Coversheet must be submitted utilizing the template provided in Attachment I.

14.1.2 Cover Letter with Executive Summary (3 pages)

The Proposer’s Cover Letter must (i) be on Proposer letterhead, (ii) not exceed three (3) pages, and (iii) include the following items:

(i) The Proposer’s name, address, telephone number, fax number, email address and web site address, if applicable;

(ii) The names, titles, telephone numbers, fax numbers, and email addresses of the principals and the individual(s) within the Proposer’s organization who will be the Agency’s/Agencies’ primary contact concerning the proposal;

(iii) A summary of the Proposer’s organizational history and legal structure (e.g.

corporation, State of incorporation, authority to do business in the State of New York, evidence of MWBE and/or SDVOB certification status, etc.);

(iv) The location of the Proposer’s main business office. If there are other locations of the Proposer that may be involved in future transactions, identify those other locations and include names/telephone numbers/fax numbers/email addresses of contact persons in those locations;

(v) A statement affirming the number of years that the Proposer or its principals have provided similar Biological Monitoring Services to those described in the Scope of Work section of the RFP;

(vi) The name(s) of the primary staff who will provide services to the Agency(ies).

14.1.3 Proposal Certification

Proposer shall complete and submit with their Proposal Submission a signed certification (“Proposal Certification”) which affirms that the information contained in the proposal is true and accurate and that the person signing the Proposal Certification is authorized to submit the proposal on behalf of the Proposer. The Proposal Certification must be submitted utilizing the template provided in Attachment I.

14.2 TAB 2: Technical Proposal

This section of the RFP provides instructions to Proposers regarding information that is to be included in the Technical Proposal. The content in Tab 2 is limited to ten (10) letter-size pages, double spaced, minimum 12-point font, and at least one-inch margins. The ten-page limit in Tab 2 does not include resumes, references, organizational chart, etc. Proposal documents must be complete, factual and as detailed as necessary to allow the Agency/Agencies to adequately evaluate capabilities and experience for the Biological

Monitoring of Oyster Implementation Services required under the contract(s) awarded to the successful Proposer(s) .

The purpose of the Technical Proposal is to provide the Proposer an opportunity to demonstrate its qualifications, competence and capacity to undertake the Scope of Work described in the Scope of Services section of this RFP, in a manner which complies with the requirements in this RFP.

The Agency/Agencies is/are seeking evidence of Proposer’s experience in providing the Biological Monitoring of Oyster Implementation Services described in the Scope of Work section of this RFP. Proposals must specifically detail a Proposer’s qualifications and experience in providing services sought by the Agency(ies). Please provide the items indicated below

1. COMPANY BACKGROUND. A brief description of Proposer’s qualifications and capacity to serve as the Biological Monitor for the Agencies that includes:

a) A brief description of your firm and its organizational structure, including its ownership, size and location of offices from which work will be performed;

b) A brief description of the range of activities performed by Proposer including specific references to engagements similar in size and scope to that of the Agencies, especially with respect to the complexity of marine field operations and the scale of oyster restoration;

c) A profile of the biological monitoring staff for this engagement including detailed resumes with relevant experience of the Principal Investigator(s), management staff and associates who would be assigned to manage and complete the engagement;

d) Proposer’s participation in training and continuing professional education as it relates to marine ecology, coastal resilience, and oyster reef restoration;

e) A description of the Proposer’s Scientific Rigor, and review and supervisory procedures;

f) Discuss the results of Proposer’s Field Data Quality Assurance/Quality Control

(QA/QC), including protocols for minimizing oyster mortality during sample handling;

g) Proposer’s information technology capabilities and a description of how such capabilities will support the biological monitoring and or implementation effort;

h) Discussion of your Firm’s presence in New York State including any offices maintained in the State, the number of staff employed in the State and the number of staff covering the Agencies who are employed in the State;

i) Describe the Proposer’s corporate citizenship and commitment to New York State, including local procurement of goods and services, development or participation in internship programs or scholarships and corporate philanthropy;

j) Provide a list and description of any proceedings against Proposer, pending or contemplated by any governmental agencies or oversight body, such as the NYS Department of Environmental Conservation (NYSDEC), U.S. Army Corps of Engineers (USACE), or other environmental regulatory entity. Provide a listing of all sanctions and/or fines imposed on Proposer during the last 24 months. Also, provide the Agencies with a list and description of any pending or anticipated proceedings by private parties against Proposer that Proposer has determined may have a material adverse impact on the current financial status or operations of Proposer;

k) Disclose any existing or contemplated relationship which would constitute an actual or potential conflict of interest or appearance of impropriety, relating to other clients/customers of the Proposer. If a conflict does or might exist, please describe how your Firm would eliminate or prevent it. Indicate what procedures will be followed to detect, notify the Agencies of, and resolve any such conflicts; and

l) Disclose whether the Firm, or any of its members, has been the subject of any investigation or disciplinary action by the New York State Commission on Public Integrity or its predecessor State entities.

2. EXPERIENCE AND PERFORMANCE. Proposer to demonstrate its experience to perform the scope of services described in the Scope of Services section in this RFP as indicated below.

(a) Describe your Firm’s experience and familiarity with all relevant statutes, regulations, policies and industry standards affecting Biological Monitoring and/or Oyster Implementation, specifically regarding Crassostrea virginica in high-energy coastal environments. References must be specific.

(b) Include a list of clients for whom you currently provide, and have previously provided, similar services as described in this RFP along with a description of the type of engagements. Include references that may be contacted, with contact information, with respect to your work on these matters. The reference contract information should include an individual of the client that can speak with authority as to work performed for the client.

(c) Describe your Firm’s experience with governmental environmental/resiliency agencies, public authorities, and academic partnerships (e.g., the Billion Oyster Project or Stony Brook University).

(d) Discuss a general outline of your approach and methodology. Include any special expertise that your Firm will bring to this engagement, specifically addressing your strategy for randomized, stratified sampling of the 4,494 ECOncrete disks and the establishment of in-situ transects. Demonstrate your Firm’s ability to provide all of the deliverables within the five-year timetable (2027-2031).

(e) If your Firm has served in any capacity for the Agency, discuss your Firm’s performance. If your Firm has not served in any capacity for any of the Agencies, discuss your Biological Monitoring performance with respect to a similar governmental housing agency, public authority or not for profit agency.

(f) Include the nature and amount of assistance your Firm expects from the Agencies for the timely completion of the work as described in this RFP, including availability of Agency staff during other than normal business hours, if any.

(g) Provide a summary of comparable engagements, either as a lead or supporting firm, including a brief description of how three (3) of these experiences are relevant or complementary to the Scope of Work described in this RFP.

(h) Describe the experience of key personnel, including lead and supporting staff, responsible for performing work under a contract(s) with the Agencies. Attach a copy of the proposed organizational chart together with resumes, titles and contact information for all key and supporting staff. The information required herein must also be provided for any subcontractors or partners.

(i) Provide a minimum of three (3) references for the Proposer and at least two references for any subcontractors or partners. Each reference should include the name, title, telephone number, and email address for each contact person and each company. Attach a brief summary of the relationship between the reference and the Proposer. The reference contract information should include an individual of the client that can speak with authority as to work performed for the client.

The Agencies are not responsible for the degree of or lack of responsiveness of the references listed by a Proposer, subcontractor or partner. The Agencies are not required to alert Proposers about a reference’s unresponsiveness during the evaluation of a proposal.

14.3 TAB 3: Cost Proposal

In a separate attachment to be labeled as “Tab 3: Cost Proposal,” , Proposers must utilize the Provided Form B (Excel).

Tab 1 (Total Price): Proposers must provide an all-inclusive, Not-to-Exceed annual fee for each of the five contract years.

Tab 2 (Cost Breakdown): Proposers must provide a detailed breakdown of costs, including labor categories, hourly rates, and out-of-pocket expenses (e.g., vessel rentals, lab fees, diving equipment).

Fees should be inclusive of all expenses. While proposed fees will be taken into account for scoring, the Agency reserve the right to negotiate a lower or different fee structure with any Firm selected.

14.4 TAB 4: Administrative Proposal

Proposers are subject to the requirements indicated in the Agencies’ Standard Clauses and Requirements for Solicitations, hyperlinked herein as Exhibit A. Such requirements include, but are not limited to, submission of the following information and forms: (a) Vendor Information FORM; (b) Lobbying Procurement Law FORM 1 and Lobbying Procurement Law FORM 2 ; (c) Non-Collusive Bidding Certification FORM; (d) Vendor Responsibility Questionnaire for For- Profit Business Entity OR Vendor Responsibility Questionnaire for Not-For-Profit Entity; (e) Vendor Assurance of No Conflict of Interest and Detrimental Effect; and (f) Executive Order #16

– Prohibiting Contracting with Businesses Conducting Business in Russia.

In addition to completion of the forms hyperlinked in the paragraph above, Proposers must provide all other information indicated in this section for TAB 4.

14.4.1 Insurance Requirements

The following requirements may be subject to change and negotiation with the successful Proposer/Bidder. Where the Proposer/Bidder is proposing insurance coverage that deviates from the requirements below, please provide an explanation in the Proposal for why the coverage proposed is sufficient.

The successful Proposer (“Contractor”) and its subcontractors, if any, are required to provide and maintain, at its (their) sole cost and expense, the required insurance coverage, issued on an occurrence basis2, at the minimum limits specified herein during the term of the contract and for two (2) years after completion of work. All required insurance policies shall be maintained with insurance companies licensed within the State of New York and holding an AM Best rating of no less than A- VIII. Said policies shall contain a provision that coverage will not be canceled, non-renewed or materially changed, until at least thirty (30) days’ prior written notice has been provided to the Agencies. The Agencies and their Affiliated Agencies3 and any and all other parties-in-interest as the Agencies may designate in writing from time to time (collectively, the “Additional Insureds”), all as their interests may appear, shall be named as additional insureds. The Additional Insureds shall include: The New York State Housing Trust Fund Corporation (HTFC);

The New York State Homes and Community Renewal (HCR); The State of New York; and The Office of Resilient Homes and Communities (RHC). Coverage shall be provided on a primary and non-contributory basis.

Contractor (and its subcontractors, if any) agrees to have included in each of the above policies for Contractor’s Parties4, a waiver of the insurer’s right of subrogation against the Additional Insureds. The Agencies reserve the right to set minimum insurance limits in any subcontracting agreement between the Contractor and its subcontractor(s), if any.

The Contractor (and its subcontractors, if any) shall furnish to the Agencies evidence of the insurance requirements indicated below prior to execution of awarded Agreement. The Agencies reserve the right to modify these insurance requirements.

1. Workers’ Compensation Documentation. The successful Proposer will be required to provide the Agencies with written evidence of their workers’ compensation insurance coverage utilizing ONE of the following forms:

2 Occurrence basis are insurance policies under which all Claims occurring during the period of the policy are covered, irrespective of when the Claim is made.

3 Affiliated Agencies shall mean the agencies comprising New York State Homes and Community Renewal that are not parties to the contract resulting from this RFP process.

4 Contractor’s Parties shall mean Contractor and those working on its behalf including, but not limited to, subcontractors and vendors.

Form C-105.2 – Certificate of Workers’ Compensation Insurance issued by private insurance carriers; OR

Form U-26.3 issued by the State Insurance Fund; OR Form SI-124 – Certificate of Workers’ Compensation Self-Insurance; OR Form GSI-105.2 - Certificate of Participation in Workers’ Compensation

Group Self- Insurance; OR CE-2006 – Certificate of Attestation of Exemption from NYS Workers’

Compensation and/or Disability Benefits Coverage.

2. Disability Benefits Documentation. The successful Proposer will be required to provide the Agencies with written evidence of disability benefits insurance coverage utilizing ONE of the following forms:

Form DB-120.1 - Certificate of Disability Benefits Insurance; OR Form DB-155 - Certificate of Disability Benefits Self-Insurance; OR CE-200 – Certificate of Attestation of Exemption from New York State

Workers’ Compensation and/or Disability Benefits Coverage.

3. Professional Errors and Omissions Liability – Errors and Omissions (or Professional Liability) insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the general aggregate. The coverage must include the following:

• Insure loss arising from any claim or claims made arising out of the scope of services during the policy period by reason of any covered error, omission or negligent act committed in the conduct of the insured’s professional business during the policy period;

• If coverage is written on a claims-made policy, the Contractor warrants that any applicable retroactive date precedes the start of work; and that continuous coverage will be maintained, or an extended discovery period exercised, throughout the performance of the services and for a period of not less than three years from the time work under the Contract resulting from this RFP process is completed; Written proof of this extended reporting period must be provided to the Agency prior to the policy’s expiration or cancellation; and

• The policy shall cover professional misconduct or lack of ordinary skill for the positions defined in the scope of services of the Contract resulting from this RFP process.

This policy requirement applies to both primary and excess liability policies, as applicable.

4. Commercial General Liability Insurance and Excess Liability Insurance. Providing both bodily injury (including death) and property damage insurance with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance is to be written on an occurrence basis with defense outside of limits., New York State, Housing Trust Fund Corporation, and the Recipient shall each be named as an additional insured. The minimum required level of insurance may be provided through a combination of commercial general liability and umbrella and/or excess liability policies.

5. Comprehensive Marine Liability Insurance and Protection & Indemnity (P&I) Since the

Scope of Services involves the use of vessels and scientific diving, coverage must be maintained at a limit of not less than $1,000,000 per occurrence and include the following coverage:

a. Protection and indemnity including Jones Act coverage for crews and divers

b. General liability specific to marine operations

6. Automobile Liability and Property Damage Insurance. In an amount not less than One

Million Dollars ($1,000,000) combined single limit for both Bodily Injury and Property Damage.

Certificates of Insurance, presented on Acord form 25, accompanied with additional insured endorsement CG2010 (1001) and CG2037 (0704), or, if acceptable to the Agencies, their equivalent, shall be delivered to the Agencies, prior to beginning the Scope of Work, evidencing the coverage required hereunder and showing all such coverages as noted above being in force. All required insurance (excluding Professional Liability and Workers’ Compensation) shall name the Additional Insureds as noted in this Section on a primary and non-contributory basis. All insurance policies provided by the Contractor’s Parties shall be maintained under terms and conditions reasonably satisfactory to the Agencies, and Contractor’s Parties shall provide such other insurance coverage as the Agencies may reasonably request from time to time. The Agencies will not accept any exculpatory language such as “endeavor to” and “but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives” on the Certificate of Insurance, i.e., the certificates shall meet the insurance requirements above.

For additional information regarding workers’ compensation and disability benefits requirements, please refer to www.wcb.ny.gov.

In the event, any insurance coverage is cancelled, the Agencies must be notified immediately.

7. In addition to the foregoing, Contractor and any subcontractors, if any, shall procure and maintain any and all insurance which is required by any applicable current or future law, rule, regulation, ordinance, permit, license, order or other legal requirement.

8. All insurance shall be primary and non-contributory and shall waive subrogation against the Agencies and all of either of their former, current, or future officers, directors, and employees. No deductible of more than $50,000 shall be permitted without advance written approval by the Agencies, which the Agencies may withhold, condition or deny in their sole and exclusive discretion.

9. The Contractor shall provide Certificates of Insurance to the Agencies prior to the commencement of work and shall provide full and complete copies of the actual policies and all endorsements upon request. Subcontractors, if any, shall be required to maintain insurance meeting all of the requirements set forth above for all applicable items in this Section; however, Contractor shall require subcontractors, if any, to maintain greater limits and/or other or additional insurance coverages if greater limits and/or other or additional insurance coverages are (a) generally imposed by the Contractor given its normal course of business for subcontracts for similar work or services to those being provided by the subcontractor at issue; or (b) reasonable and customary in the industry for similar work or services to those anticipated hereunder.

14.4.2 Financial Capacity

The Proposer must provide the most recent two years of audited financial statements or federal tax returns. Note that each financial statement or federal tax return must be accompanied by a balance sheet.

14.4.3 Licenses, Certifications and other Credentials

The Proposer must respond affirmatively that it, and its subcontractors (if any), will have, prior to commencement of work under the contract(s) resulting from this RFP, all necessary licenses, certifications, approvals, and other needed credentials to perform the Scope of Work in the RFP, if applicable. In accordance with the Scope of Services section of this RFP, the Biological Monitoring firm must possess:

- Scientific Diving Certification, American Academy of Underwater Sciences (AAUS) or equivalent scientific diving body to ensure compliance with specialized safety standards or respondents may propose alternative standards in their response and include information on how the proposed certifications/safety requirements meet or exceed those required by state/federal law for the scope of work requested..

- Vessel Operator Licensing: As this monitoring requires the use of small vessels for disk retrieval and transect surveys, Contractor should ensure that all vessel operators hold a valid U.S. Coast Guard (USCG) Merchant Mariner Credential.

14.5 TAB 5: EEO, Diversity and SDVOB Proposal

For Tab 5, submission of the following information and forms, hyperlinked herein, is required: (a) EEO Staffing Plan, PROC-1; (b) Utilization Plan, PROC-2; (c) MWBE & EEO Policy Statement, PROC-4;…