DCR901_RFR_Shorebird Conservation_02.27.23.docx

Purchasing Department Department of Conservation and Recreation

1. Purpose of Procurement The Commonwealth of Massachusetts, Department of Conservation & Recreation (DCR) is soliciting Bidders for the acquisition of compliance biological monitoring and protection services, and public outreach and education of state and federally listed shorebird species and their habitats at DCR state beaches and reservations statewide.

This procurement will be distributed in two (2) major tasks, based on the scope of services and geographical location of services. DCR may amend any protocols on each task as deemed necessary. All work will be performed under the oversight of the DCR Senior Coastal Ecologist.

It is anticipated that a single contract will be executed with a selected vendor for each of the Tasks as described in detail below. Interested parties must respond to Task 1 and Task 2.

TASK #1 – DCR Statewide Beaches & Reservations Management Plan Components If selected, the vendor will provide services of biological monitoring and protection of state and federally listed shorebird species and their habitats at the following DCR owned and managed properties: Ellisville Harbor State Park, Scusset Beach, Nantasket State Beach, Joseph Sylvia State Beach, Nickerson State Park, Waquoit Bay Complex (South Cape Beach and Washburn Island), and Newburyport State Beach. DCR may amend by decreasing or increasing the list of coastal sites as assigned or deemed necessary.

The selected vendor will provide biological monitoring and protection of state and federally listed shorebird species and their habitats at DCR beaches and reservations statewide in compliance with section 10.6 of the Massachusetts Endangered Species Act (MESA): “Responsibilities of State Agencies”, and by following the recommendations provided by the Massachusetts Natural Heritage and Endangered Species Program (NHESP), under the Massachusetts Endangered Species Act (MESA), known as "Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and their Habitats in Massachusetts"; as well as the U.S. Fish and Wildlife Service (USFWS) “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the US Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act (ESA)”.

The selected vendor will provide ongoing biological inventory, monitoring, and protection of state and federally listed shorebird species and their habitats at the specified sites and share all collected and related data with DCR staff. The selected vendor will provide information to the public to increase public awareness in coordination with DCR at the various state beaches and reservations statewide, and will provide training for DCR staff if necessary. If requested by DCR, the selected vendor will help coordinate procurement of predator remediation services as developed by DCR in coordination with federal and state agencies Under this CONTRACT, the vendor will represent DCR and will be responsible to provide the following services:

· Biological Monitoring: Monitor abundance, distribution, reproductive success, limiting factors, and responses to habitat changes and management of nesting shorebirds.

· Fencing and Signage: Purchase, deploy, adjust, and maintain symbolic fencing to delineate critical nesting areas.

· Public Education: Educate beach users by providing information when approached on the beaches with public inquiries or while performing other biological services.

· Assist with Enforcement by Voluntary Compliance: Help divert or deter incompatible beach uses with protected nesting areas only by providing information and education to achieve voluntary compliance, including educating visitors to DCR beaches about domestic pets on the beach during the nesting season. Only law enforcement personnel on the beach are allowed to enforce statutes pertaining to the protection of listed nesting shorebirds.

· Beach Maintenance Coordination: Adjust schedules as necessary to become available for any maintenance operation as requested by DCR (i.e., beach raking, trash collection, etc.), and/or other permitted activities on the beach to ensure shorebirds are not harassed, killed, or injured.

· Stewardship of Natural Resources: Assist with coordination or procure services for habitat conservation and stewardship programs as designed by DCR.

· Predator Control: If requested by DCR, vendor will procure services or help coordinate predator remediation programs, as developed by DCR in coordination with other federal and state agencies. Communicate observations of specific predator threats to DCR to coordinate response or remediation if necessary, and report observed results of the efforts.

See also SECTION 8 – SCOPE OF SERVICES: GENERAL PROTOCOL & METHODOLOGY.

TASK #2 – DCR Boston Harbor Islands Management Plan Components Proposed management activities will be at Lovells Island, located within the Boston Harbor Islands (BHI) complex. Other island properties could be added if nesting of listed shorebird species is documented.

The selected vendor will provide ongoing biological inventory, monitoring, and protection of state and federally listed shorebird species and their habitats at Lovells Island and other DCR Boston Harbor Islands (BHI), and share all related data with DCR staff. The selected vendor will provide information to the island visitors to increase public awareness in coordination with DCR and provide educational materials if necessary at BHI. The selected vendor will provide training for local DCR staff as requested. If requested by DCR, the selected vendor will help coordinate predator remediation programs, as developed by DCR in coordination with other federal and state agencies.

The selected vendor will be required for coordinating protection for Lovells Island to avoid and minimize impacts to nesting Piping Plovers and Least Terns in conjunction with other management goals, and to mitigate unavoidable impacts. Adherence to these plan components will ensure compliance with both federal and state regulations.

Under this task CONTRACT, the vendor will represent DCR and will be responsible to provide the following services:

· Biological Monitoring at BHI: Monitor abundance, distribution, reproductive success, limiting factors, and responses to habitat changes and management of nesting shorebirds.

· Fencing and Signage: Purchase, deploy, adjust, and maintain symbolic fencing to delineate critical nesting areas.

· Public Education: Provide interpretive signage to educate beach users. Educate beach users by providing information when approached with public inquiries or while performing other biological services.

· Assist with Enforcement by Voluntary Compliance: Help divert or deter incompatible beach uses with protected nesting areas only by providing information and education to achieve voluntary compliance, including educating visitors to DCR beaches about domestic pets on the beach during the nesting season. Only law enforcement personnel on the beach are allowed to enforce statutes pertaining to the protection of listed nesting shorebirds.

· Beach Maintenance Coordination: Adjust schedules as necessary to become available for any maintenance operation as requested by DCR (i.e., equipment deployment, trash collection, etc.), and/or other permitted activities on the beach to ensure shorebirds are not harassed, killed, or injured.

· Stewardship of Natural Resources: Assist with coordination or procure services for habitat conservation and stewardship programs as designed by DCR.

· Predator Control: If requested by DCR, vendor will procure services or help coordinate predator remediation programs, as developed by DCR in coordination with other federal and state agencies. Communicate observations of specific predator threats to DCR to coordinate response or remediation if necessary, and report observed results of the efforts.

See also SECTION 8 – SCOPE OF SERVICES: GENERAL PROTOCOL & METHODOLOGY.

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 which responded to this Solicitation but were 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

· [Identify additional Eligible Entities by name] The Purchasing Department reserves the right to add or remove additional authorized users during the contract term.

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

Initial Duration

Identify the duration of options to renew and the number of such options (e.g. “two options to renew for one year each”)

Total Maximum Contract Duration

7. Anticipated Expenditures, Funding or Compensation Estimated Value of Procurement: $180,000.00 annually The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

The Estimated Value (US$180,000.00) for this Bid was based on the following: The SST expenditure forecast was derived from the current conditions and growing trends of the populations of listed shorebirds on DCR state beaches and reservations. For example, management cost including staffing and materials of the number of two priority species, like the Piping Plovers and their chicks, increased by approximately 76% over the past 7 years, and the populations of nesting Least Terns increased by almost 300% over the same period.

The funding for any contract resulting from this procurement is NOT conditioned upon receipt of bond/grant/federal funds.

See also SECTION 8 – FISCAL TERMS: COMPENSATION STRUCTURE.

8. Contract Performance and Business Specifications SCOPE OF SERVICES: General Protocol and Methodology (Tasks 1 & 2) This procurement is created in compliance with section 10.6 of the Massachusetts Endangered Species Act (MESA): “Responsibilities of State Agencies” and by following the recommendations provided by the Massachusetts Natural Heritage and Endangered Species Program (NHESP), under the Massachusetts Endangered Species Act (MESA), known as "Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and their Habitats in Massachusetts"; as well as the U.S. Fish and Wildlife Service (USFWS) “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the US Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act (ESA)”. The general protocol and methodology for services under this procurement are designed to maintain compliance with the above regulations and guidelines for the protection of federally and state listed shorebird species.

Recruitment, Training, and Staffing Plan Each response must specify the duties of “Qualified Shorebird Monitors” (QSM), who will be responsible for implementing this scope, in coordination with DCR personnel. These responsibilities will be incorporated into each contract. The QSM staff shall have at least one year of work experience and meet the Massachusetts Division of Fisheries & Wildlife (the “Division”) definition and qualifications below. If requested, QSM resumes must be reviewed and approved by DCR.

Pursuant to the authority granted under the Massachusetts Endangered Species Act (“MESA”) (G.L. c. 131A) and its implementing regulations (321 CMR 10.23), the Division of Fisheries & Wildlife (the “Division”) hereby determines in order to avoid a prohibited “Take” of state-listed species (321 CMR 10.18(2)(a)); monitoring of shorebird state-listed species must be conducted by or under the oversight of a qualified shorebird monitor, as determined by the “Division”.

Under the authority granted by and in accordance with MGL c131A§3 and 321 CMR 10.23 to the “Division”, the activity of surveying nesting State-listed Shorebird Species should be conducted by trained individuals with proven shorebird identification skills and avian survey experience; and shall meet the following qualifications:

· Ability to identify all species of beach-nesting birds by sight and sound.

· Ability to identify breeding/territorial behaviors and find nests of shorebirds.

· Ability to identify habitats preferred by nesting shorebirds.

· Have a clear working knowledge of, and adhere to the “Guidelines for Managing Recreational Use on Beaches to Protect Piping Plovers, terns and their Habitats in Massachusetts”

This scope includes biological monitoring of state and federally listed shorebirds, installing and maintaining symbolic fencing, public education, coordination of maintenance, regular reporting to DCR Senior Coastal Ecologist, project management staff and construction contractors, and pre-season training for DCR staff and enforcement personnel. The public education and outreach component of this scope will include general public outreach as directed by the Senior Coastal Ecologist and/or by the DCR Office of External Affairs. Vendor will work cooperatively with DCR staff, town and state officials if requested, to ensure that the shorebirds are adequately protected and to increase public awareness of shorebird conservation.

Primary QSM staff for this work will be hired by the selected vendor and must be supervised by qualified personnel. The distribution of working hours required will vary depending on the size of the assigned beach and shorebird nesting populations count. QSM will be hired with a level of hours to adequately post, fence, and monitor DCR nesting sites at least two times per day. Shorebird Stewards will also interact with the public to educate them about shorebird natural history. Any seasonal staff should not be employed for more than 26 weeks annually (approximately April 1st through August 31st). Staff members must be available during any DCR operations and or/construction activities as requested, to help provide adequate protection to nesting shorebirds.

QSM staff will be required to attend all available training sessions led by scientists and/or experts and DCR staff prior to the start or during the field season. Training efforts will focus on developing capabilities to ensure accurate, efficient, and safe data collection in the field, as well as public communication techniques.

Biological Monitoring Rationale Shorebirds are an important component of coastal ecosystems and sensitive to changes within them. Shorebirds operate close to the limit of their ecological tolerance, and their high body temperature, rapid metabolism, and high ecological position in most food webs makes them important indicators of ecosystem change at the local and regional scale. In developing comprehensive long-term monitoring plans, shorebirds are among the best taxonomic groups to monitor because:

· they are easily and inexpensively detected and identified

· a single survey method is effective for many species

· monitoring and managing for multiple shorebird species with different ecological requirements promotes conservation strategies at the landscape scale

· many reference datasets and standard methods are available

· response variability of shorebirds is fairly well understood

Measurable Objectives Shorebird monitoring data can be correlated with management actions, intertidal conditions, water quality, climatic shifts, and other available data to assist managers in their efforts to protect and encourage the recovery of breeding shorebirds in the state parks. The following objectives provide the basis for the shorebird monitoring scope:

a. Determine annual changes and trends in abundance of high priority breeding shorebird species (Piping Plovers, Least Terns and/or other listed species)

b. Conduct an annual surveying program within DCR state beaches to identify potential nesting habitat by listed shorebird species

c. Improve our understanding of nesting shorebirds and the effects of habitat management actions such as invasive plant control, beach maintenance and recreational activities, or predator control.

d. Develop public outreach and educational programs in liaison with DCR to educate communities and visitors on the natural history, conservation, and importance of shorebirds.

Listed Shorebird Species This monitoring effort focuses on populations of the following shorebird species that breed on DCR coastal beaches and the Boston Harbor Islands. Nesting and breeding habitat varies by species, but includes sandy beaches and rocky shores for the following species:

· Piping Plover (Charadrius melodus)

· Least Tern (Sterna antillarum)

· Surveying for possible populations of Common Terns (Sterna hirundo), Roseate Terns (Sterna dougallii), American Oystercatchers (Haematopus palliatus); and/or other listed species.

Sampling Protocol and Field Methods The coastal breeding shorebird monitoring protocols recommended are derived from several standardized sources, with appropriate modifications to suit efforts by any provider. To address the monitoring needs identified within DCR properties, the survey methods recommended in this scope focus on obtaining information on the relative abundance of coastal breeding species by estimating or directly counting all nests, incubating adults, or territorial nesting pairs. These methods were selected based on their ability to:

· Accurately detect changes in species richness, relative abundance of nesting pairs, and nesting locations for each focal species.

· Create minimal disturbance to nesting colonies and/or nesting pairs.

· Be implemented by qualified trained monitors working in coordination with DCR staff.

· Be carried out with the assigned annual budget.

Protection Symbolic fencing installation will begin in the early season on known breeding territories to prepare for the start of pair bonding and territory establishment. The Symbolic fencing stakes must be made of PVC or Fiberglass of light gray colors, which are less visually invasive than wood-stakes or metal poles. Technology must be enabled for management and sharing of the data collection systems (e.g. SIM cards for field tablets).

Any additional nests that occur outside initially fenced areas later in the season are required to be protected immediately in accordance with the state and federal regulations. An efficient reimbursable account system for purchasing additional equipment or materials to achieve the conservation goals of DCR and meet compliance requirements must be provided. Additional purchases must be approved by the DCR Senior Coastal Ecologist.

If requested, standard circular predator exclosures may be used around Piping Plover nests to guard against predation and further protect against human harm, with prior approval by NHESP. Exclosure design may be altered or exclosures may be omitted for certain pairs if excessive visitation of or entry into exclosures is occurring, or in cobbled areas where nests are well hidden. After nests hatch, symbolic fencing will remain and serve as refuge areas for broods until fledge stage is reached.

On-site Management QSM staff will maintain fencing and help direct the flow of beachgoers on busy weekends, and ensure pets don't disturb nesting shorebirds, and update DCR operations staff and law enforcement as necessary on the status of breeding pairs. Any vehicle operator will promptly be informed of brood locations and directed or escorted by monitoring staff if hatchlings occupy high traffic areas.

QSM staff will routinely patrol beaches during hatchling periods in mid-late summer (June-mid August) when beach crowds are at a maximum visitation. Fencing will be removed in late August or immediately after the last chicks have fledged.

Public Outreach and Education Outreach and education activities will be conducted by the QSM staff. These activities will be designed to proactively educate local residents and beach visitors about the biological needs and statutory protections for Piping Plovers, Least Terns, and other listed shorebirds in Massachusetts. Additionally, QSM staff will observe interactions between beach users and the nesting shorebirds, with the goal of diverting through education incompatible beach activities away from active nesting areas. QSM staff will be trained in interpretation techniques and basic conflict resolution approaches. If staff engaged in their day-to-day activities observes imminent danger to a listed shorebird, an educational intervention followed up with biological monitoring of the bird at risk becomes the priority activity. However, if staff determines the incompatible beach activities are creating an unsafe situation for its interaction or intervention, staff must immediately leave or maintain a safe distance from the incompatible beach activities and is possible just collect data/observations with the purpose of reporting.

QSM staff will serve as field naturalists for the general beach public throughout the shorebird nesting season, including educating interested beachgoers and calling for enforcement assistance when an imminent threat or human disturbance occurs. QSM staff will work with DCR to increase public awareness of shorebird protection, including but not exclusively to the following:

· Provide additional chick monitoring during beach raking if necessary

· Provide public education about shorebird ecology as needed during day-to-day activities

· Provide ongoing field training to new shorebird monitoring staff

Predator Control Various avian and mammalian predators are well documented to prey on a wide variety of ground nesting shorebirds and are known to eat eggs and kill nestlings. The need for predator control will be assessed on a seasonal basis and applied as needed. Predator control efforts also will include educating visitors about the potential threat posed by dogs, domestic cats, and other pets to nesting birds and to encourage owners to retain their pets outside of the state beaches during the nesting season.

If requested by DCR, vendor will procure services or help coordinate predator remediation programs as developed by DCR in coordination with other federal and state agencies. The selected vendor may coordinate the acquisition of sub-contract services from approved Integrated Pest Management (IPM) vendors of the Commonwealth of Massachusetts and administratively manage this effort for the selected sites.

Assist with Enforcement by Voluntary Compliance DCR Rangers will be responsible for coordinating the official enforcement of DCR beach and park regulations including those pertaining to the presence of pets. The QSM staff will assess the beach environment and take reasonable and approved DCR measures to discourage the presence of pets on the beach and coordinate with enforcement if necessary. Measures should include direct public engagement and public information/education to achieve voluntary compliance.

Data Management A detailed data management plan is needed to ensure data quality, interpretation, security, longevity, and availability. The data collected on coastal breeding birds at DCR properties will be entered and recorded in DCR’s NestStory database and share with the DCR Senior Coastal Ecologist. Technology must be enabled for management and sharing of the data collection systems (e.g. SIM cards for field tablets).

Annual Reports Annual Reports will provide a general overview of activities and a summary of results from each year’s field season. A short interim report will be due by September 15th of each year, and a final report will be due by November 30th of each year; both will be submitted to the DCR Senior Coastal Ecologist.

The annual report and submittal shall include, at a minimum, the following data for each site, to be reflected in the tables, figures, maps, and appendices of the document:

· Documentation of monitoring activities

· Reproductive success summary

· Egg-laying timetable

· Causes of nest loss

· Hatchling survivorship/mortality

· Information concerning other listed species or species of interest observed

· Recommendations or revisions to the monitoring protocol

· Summary of predator control findings and actions

· Public interaction report and highlights, including reports of compliance conducted

Annual Reports will be shared with all interested stakeholders at the discretion of DCR. In addition, contributing information shared annually with regional working groups will provide an opportunity for the detection of regional changes and the implementation of increasingly comprehensive management strategies.

BUSINESS SPECIFICATIONS: Bidder Qualifications Bidder must have related and relevant experience in providing biological monitoring and protection of state and federally listed species and their habitats, and have a clear working knowledge of, and adhere to the DFW “Guidelines for Managing Recreational Use on Beaches to Protect Piping Plovers, terns and their Habitats in Massachusetts”.

Company Experience The selected vendor must have at minimum ten (10) years of experience in the specific tasks on this Bid and have a clear working knowledge of, and adhere to the DFW “Guidelines for Managing Recreational Use on Beaches to Protect Piping Plovers, terns and their Habitats in Massachusetts”. Related experience includes inventory, monitoring, and protection of shorebird listed species or related wildlife, and must have experience in shared data management and collection. Additionally, the selected vendor must have experience developing public outreach and educational programs. The selected vendor may have experience or demonstrate capacity in developing wildlife remediation programs in coordination with federal and state agencies.

Primary staff for this work, the QSM staff, will be hired by the selected vendor and must be supervised by qualified personnel. The QSM shall have at least one year of work experience implementing monitoring of nesting shorebirds, and if requested, their resumes must be reviewed and approved by DCR. (See specific qualifications on the “Scope of Services” section 8).

Primary QSM staff for this work will be hired by the selected vendor and must be supervised by qualified personnel. The distribution of working hours required will vary depending on the size of the assigned beach and shorebird nesting populations count. QSM will be hired with a level of hours to adequately post, fence, and monitor DCR nesting sites at least two times per day. Shorebird Stewards will also interact with the public to educate them about shorebird natural history. Any seasonal staff should not be employed for more than 26 weeks annually (approximately April 1st through August 31st). Staff members must be available during any DCR operations and or/construction activities as requested, to help provide adequate protection to nesting shorebirds.

QSM staff will be required to attend all available training sessions led by scientists and/or experts and DCR staff prior to the start or during the field season. Training efforts will focus on developing capabilities to ensure accurate, efficient, and safe data collection in the field, as well as public communication techniques.

See also APPENDIX C – RFR: OTHER SPECIFICATIONS.

FISCAL TERMS: Compensation Structure

Compensation will be based solely on reimbursement for the offered goods and services performed. The Contractor is required to provide transparent prices including firm fixed prices or provisions for adjustments. Invoices must detail the amount and rate of each service/hour spend at each site (including supervisory time), program management service/hours, as well as a detailed list of travel dates’ expenses, and a comprehensive list of equipment and materials purchased. Two invoices will be sent annually to DCR: one by July 31th for expenses incurred by June 30th; and a second one by November 30th for the remainder of the field season.

PERFORMANCE MEASURES: Program Evaluation and Protocol Reviews

The protocol will be internally reviewed by the DCR Office of Natural Resources after every field season. This review will focus on protocol implementation, methodology, and final products. DCR may amend any protocols as deemed necessary. Protocol reviews will include the following:

· Formal reviews of field operations and results

· Review of protocol design, products, or scope of services

· Evaluation of methodology and objectives

9. Small Business Purchasing Program This is a Small Procurement targeted to verified small businesses participating in the Commonwealth's Small Business Purchasing Program (SBPP). The Department intends to award a contract to one or more SBPP-participating businesses verified through COMMBUYS who submits a quote that meets or exceeds the best value requirements. Subcontracting in SBPP procurements is limited to no more than 20% of the total value of the contract, unless it is with another verified SBPP participant. If it is determined that there is inadequate SBPP capacity, or no SBPP-participating vendors provide a responsive quote, the Department may award the solicitation to vendors who submitted responses and are not participating in the SBPP. To determine eligibility and to participate in the SBPP, please review the eligibility criteria and general program information at www.mass.gov/sbpp.

10. Supplier Diversity Plan (SDP) Plan See APPENDIX A – REQUIRED SPECIFICATIONS.

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 considered to be 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. Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

Mandatory Requirements Vendor must have related and relevant experience in providing biological monitoring and protection of state and federally listed species and their habitats, and have a clear working knowledge of, and adhere to the DFW “Guidelines for Managing Recreational Use on Beaches to Protect Piping Plovers, terns and their Habitats in Massachusetts”.

The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected. Failure to meet the requirements of a mandatory specification without providing an alternative that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

Desired Specifications Viability of proposed information sharing and storage of the NestStory data collection system

Alternatives A Quote which fails to meet any material term or condition of the Bid, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Quotes proposing alternatives which provide equivalent, better, or more cost-effective performance than achievable under the state Bid specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Quote should describe how any alternative achieves substantively equivalent or better performance to that of the Bid specifications.

The SST will determine if a proposed alternative method of performance achieves substantively equivalent or better performance. The goal of this Bid is to provide the best value of commodities and/or services to achieve the goals of the procurement.

See also APPENDIX C – RFR: OTHER SPECIFICATIONS.

Evaluation Components The following components will be some of the criteria considered by the SST when evaluating:

· Clarity of the work proposal

· Price, including overall cost and efficiency

· Previous Experience. Include case studies where appropriate

· Familiarity with shorebird monitoring

· Familiarity with training and on-site management

· Experience with developing, organizing, and conducting public outreach

· Viability of proposed information sharing and storage of the data collection system

· Supplier diversity (10% of overall score)

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 contained in COMMBUYS. For instructions concerning how to submit a Quote, please see APPENDIX B – ELECTRONIC QUOTE SUBMISSION INSTRUCTIONS.

Any submission which 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 can 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. Online Questions (Bid Q&A) Written Questions must be entered by pressing the “Bid Q&A” tab for the Bid in COMMBUYS no later than the “Online Questions Due” date and time indicated in the Estimated Procurement Calendar (above). The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

Written Responses to Questions will be released on or about the “Responses to Questions Posted Online” date indicated in the Estimated Procurement Calendar (above).

Written questions and responses will be posted on the Bid Q&A Tab for this Bid in COMMBUYS.

b. Bid Amendment Deadline The Purchasing Department reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The Purchasing Department and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

c. 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).

d. Estimated Contract Start Date March 26, 2023 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:

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

16. RFR Attachments

APENDIX 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 APPENDIX C – RFR: Other Specifications Reporting In addition to the monitoring reports cited above (see General Protocol and Methodology above) contractors are responsible for compliance with all other contract reporting requirements including, but not limited to, Supplier Diversity Program (SDP) and other contract reports, as required by this contract.

Security and Confidentiality The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

Contract Management The contact listed on COMMBUYS for this Contract as the Commonwealth Contract Manager is Jorge J. Ayub, DCR Senior Coastal Ecologist. All Contract questions must be directed to the Commonwealth Contract Manager at jorge.ayub@mass.gov.

Orders Online/web capability: Prior to the Contract Start Date, the Contractor will establish, enable, and accept to receive task orders in electronic format from the Commonwealth Contract Manager.

Alternatives Contractors may propose alternatives for equivalent, better, or more cost effective performance than specified under the Contractor’s original Quote at any time during the life of the Contract.

Failure to Perform Failure to perform contractual obligations may result in the following:

REQUEST FOR RESPONSE

Shorebird Conservation & Compliance RFR #__901_ / COMMBUYS Bid# ______

Updated: October 20, 2020

· Termination

· Suspension

· Adding additional contractors

· Cover/Replacement Costs

· Liquidated Damages

Audit During the term of this Agreement and for a period of six years thereafter, DCR, its auditors, the Operational Services Division, the Office of the Inspector General, or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports, or files, to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that the Contractor has materially overcharged DCR, then the Contractor shall remit the overcharged amount and be responsible for payment of any costs associated with the audit.