RFP 24-00004 test fishing.docx

STATE OF WASHINGTON

DEPARTMENT OF FISH AND WILDLIFE

REQUEST FOR QUALIFICATIONS/QUOTATION 24-00002

PROJECT TITLE: BOTTOMFISH ROD AND REEL SURVEY SERVICES

EXPECTED TIME PERIOD FOR CONTRACT: September 9, 2024 through May 31, 2025

ESTIMATED PROCUREMENT SCHEDULE (all times given are for Pacific Time, schedule may be adjusted if necessary):

RFQQ Release: February 12, 2024 Pre-Bid Conference: February 22, 2024 from 1:00 pm to 2:00 pm local Olympia WA time Questions from Bidders Due (email only): February 28, 2024 by 4:00 pm local Olympia WA time Responses to Bidder questions (email only): Not later than noon on March 6, 2024 Bidder Proposals Due (email only): Friday, March 29, 2024 by 4:00 p.m. local time for Olympia WA Apparent Successful Bidder(s) announced: On or about April 5, 2024 BIDDER ELIGIBILITY: This procurement is open to those bidders who satisfy the minimum qualifications stated herein and are available for work in Washington State. Disadvantaged, Minority and Women Owned Business Enterprises are encouraged to apply.

SUPPLIER DIVERSITY: WDFW is issuing this Solicitation pursuant to RCW 39.26. Pursuant to this Solicitation, WDFW intends to conduct a competitive procurement to award an Agency Contract estimated to be valued at less than $150,000. Because it is estimated to be less than $150,000 WDFW intends to award the contract to the lowest responsive and responsible bid from a Small Business or Veteran-Owned Business, unless none of these businesses are responsible and responsive to this solicitation.

CONTENTS OF THE REQUEST FOR QUOTES AND QUALIFICATIONS

WDFW RFQQ 24-00001 Page 1 of 15

Exhibits:

If any bidder does not comply with any part of this RFQQ their entire quote and qualifications may be rejected as non-responsive.

The Purpose of this procurement is to provide survey fishing services (vessel, equipment, and operator/crew) to fish for rockfish and other bottom fish. This opportunity focuses on the La Push area, but WDFW may request similar services in other areas as mutually agreed between WDFW and Contractors. WDFW will use data gathered from the survey to evaluate population trends, growth rate and migration of rockfish on the Washington Coast.

WDFW may contract with one or more successful bidders for this project. See Exhibit G, Scope of Work, for details concerning qualifications and type of work.

c. Anticipated timeline.

Initial contracts will be written for an initial period ending May 31, 2026 with the option, at WDFW sole discretion, to renew contracts for a total not to exceed five years.

2. MANDATORY AND DESIRABLE QUALIFICATIONS

2.1 Mandatory Experience/Qualifications

· Bidders must meet the Vessel and Equipment, Fishing Gear, Safety, Crew, and Licenses requirements stated in Exhibit G.

· Bidders awarded a contract through this procurement must obtain insurance as stated in Exhibit G. Insurance must be in place before you will be allowed to work for WDFW.

· Bidder must not have a record of any serious licensing (commercial fishing) violations within the last 3 years. WDFW reserves the right to check any bidder record for potential violations. If any serious violations have been found, WDFW may determine that the bidder is not eligible for bidding on this project and will deem any proposal submitted as “non-responsive.” Determination of seriousness of any violation will be made by WDFW Enforcement Division and may not be contested.

2.2 Supplier Diversity

WDFW is issuing this Solicitation pursuant to RCW 39.26. Pursuant to this Solicitation, WDFW intends to conduct a competitive procurement to award an Agency Contract estimated to be valued at less than $150,000. Because it is estimated to be less than $150,000 WDFW intends to award the contract(s) to the lowest responsive and responsible bid from a Small Business or Veteran-Owned Business, unless none of these businesses are responsible and responsive to this solicitation. If WDFW determines that additional contractors are necessary, WDFW may also award contracts to firms other that are not Small Businesses or Veteran-Owned Businesses. The following definitions apply:

· SMALL BUSINESS – A Washington State business, including a sole proprietorship, corporation, partnership or other legal entity, that (a) self-certifies in WEBS that it is owned and operated independently from all other businesses and has either: (i) fifty or fewer employees; or (ii) a gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the Washington State Department of Revenue over the previous three consecutive years; or (b) is certified with the Washington State Office of Women and Minority Business Enterprises under chapter 39.19 RCW.

· VETERAN-OWNED BUSINESS – A veteran-owned business certified as such by the Washington State Department of Veteran Affairs.

· WEBS - the Washington Electronic Business Solution (WEBS) system; the procurement announcement system for Washington State government.

2.3 The Bidder is responsible to ensure that proposed Bidder staff are committed and available until the completion of the contract. Any quote and qualifications by the Bidder for changes, replacement, or substitution of contract staff during the duration of the contract must be submitted to WDFW. WDFW shall have the sole discretion to accept or reject such quote and qualifications. In no event shall such changes in Bidder staff take effect without WDFW’s written consent.

3. RFQQ COORDINATOR

The RFQQ Coordinator is the sole point of contact in the WDFW for this procurement. All communication between bidders and WDFW upon receipt of this RFQQ shall be with the RFQQ Coordinator, as follows:

Contracts and Purchasing

4. INSTRUCTIONS TO BIDDERS

All required documents must be submitted to the RFQQ Coordinator by e-mail by the times and dates in this RFQQ. Bidders are responsible for the means of delivery of all documents to ensure receipt by the RFQQ Coordinator by the required dates and times.

4.1 Quote and Qualifications Contents

See Exhibit A, Checklist for Responsiveness, for a list of all documents that must be submitted as a part of a bidder’s quote and qualifications. All bids submitted in response to this RFQQ shall consist of the following documents:

a. Exhibit B, Certification and Assurances, signed by a person authorized to bind you or your organization to a contract.

b. Exhibit C, Vendor Certification Executive Order 18-03, signed by a person authorized to bind you or your organization to a contract.

c. Exhibit D, Bidder Questionnaire, completed by your organization; and

d. Exhibit E, Bidder Profile, completed by your organization

4.2 Proposal Format

One copy of the complete proposal must be submitted by the Bidder to the RFQQ Coordinator electronically using Microsoft Word, Excel or portable document format (pdf). Any documents which require an official signature should be submitted in pdf.

4.3 Proprietary Information

Clearly mark any portion(s) of your quote and qualifications which contains proprietary information. You may not mark the entire quote and qualifications as proprietary. If your quote and qualifications is successful, and WDFW receives a request to view or copy your quote and qualifications, WDFW shall respond according to public disclosure procedures described in this RFQQ. However, if any information in your quote and qualifications is marked as proprietary, WDFW shall not make that portion available without giving you an opportunity to seek a court order preventing disclosure.

4.4 Pre-Bid Conference and Vendor Questions

Bidders wishing to submit a proposal for this procurement may attend an optional Pre-Bid Conference on Thursday, February 22, 2024 from 1:00 pm to 2:00 pm, local Olympia WA time. This conference will be held virtually via a Microsoft Teams meeting; the link to this meeting is below:

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 293 429 875 693 Passcode: kyn2Hh Download Teams | Join on the web Or call in (audio only) +1 564-999-2000,,497227393# United States, Olympia Phone Conference ID: 497 227 393# Find a local number | Reset PIN Learn More | Meeting options

Specific questions concerning the procurement should be submitted in writing to the Procurement Coordinator not later than February 28, 2024 by 4:00 pm local Olympia WA time, so that representatives of WDFW may prepare preliminary answers in advance of the conference. Additional questions will be entertained at the conference; however, responses may be deferred and provided later. Any oral answer given at the conference is to be considered as tentative. All questions submitted prior to or discussed during the conference will be researched and the official answers published to the WEBS as an amendment to this procurement by noon on March 6, 2024. This will assure accurate and consistent responses to all Bidders. Only the written answers will be considered official.

4.5 Delivery of Proposals

Send complete quote and qualifications to the RFQQ Coordinator at the email address specified in Section 3 of this RFQQ. Email transmission is required.

Proposals must be received by the RFQQ Coordinator no later than 4:00 p.m. local time for Olympia WA on Friday, March 29, 2024. Late quotes and qualifications will not be accepted and shall automatically be disqualified from further consideration.

WDFW assumes no responsibility for delay in transmission of quotes and qualifications. WDFW will use the “time stamp” on the email as the official time of receipt. Time extensions will not be granted.

4.6 Procurement Complaint Process

Bidders considering submitting a bid or quote and qualifications in response to any request for bids, request for qualifications, Request for Quotes and Qualifications or any solicitation for goods and services under RCW 39.26 may submit complaints regarding a particular solicitation to the WDFW solicitation point of contact. Bidders may submit a complaint on the following for any solicitation:

· The solicitation unnecessarily restricts competition;

· The solicitation evaluation or scoring process is unfair or flawed; or

· The solicitation requirements are inadequate or insufficient to prepare a response.

All complaints submitted under this process must:

· Be in writing;

· Be received by the WDFW solicitation point of contact by e-mail not later than five business days before the Bidder’s response to a solicitation is required to be submitted to WDFW.

· Clearly articulate the basis for the complaint; and

· Include a proposed remedy.

WDFW will respond to complaints in writing and post the response (and any changes to the solicitation required by the response) on WEBS. Bidders may not appeal the response or raise the same complaint during any protest period.

4.7 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at www.des.wa.gov , and maintaining an accurate Bidder profile in WEBS.

· Downloading the RFQQ packet consisting of the RFQQ, all Appendices, and incorporated documents related to the RFQQ for which you are interested in Bidding.

· Downloading all current and subsequent Amendments to the RFQQ to ensure receipt of all RFQQ documents.

Notification of Amendments to the RFQQ will only be provided to those Bidders who have registered with WEBS and have downloaded the RFQQ from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information and Bid.

5. EVALUATION AND AWARD PROCEDURES

5.1 Evaluation Team

A team will be formed to evaluate quotes and qualifications. The team will be composed of individuals with technical and/or financial backgrounds. WDFW will evaluate the quotes and qualifications for compliance with procedural requirements.

5.2 Information Used For Evaluation

The evaluation team will use the information in the Bidder Questionnaire, information gathered from Bidder’s references and cost proposal. No other information will be supplied to or used by the evaluation team. The following weighting and points will be assigned to the bid for evaluation purposes:

5.3 Evaluation Process

WDFW will evaluate the bidders’ quotes and qualifications through the following process:

The following weighting will be used to evaluate the Quotes and Qualifications:

WDFW will notify all bidders via WEBS and e-mail of the selection of Apparently Successful Bidder.

6. GENERAL PROVISIONS

6.1 Public Disclosure

Quotes and qualifications shall become the property of WDFW. All public records of the WDFW are available for disclosure except: “Competitive procurement instruments, such as a Request for Quotes and Qualifications or an invitation for bids, prior to the release to potential respondents/bidders; quotes, qualifications, and bids received in response to competitive contract procurement instruments until either the public response to the competitive contract procurement instruments until either the opening of bids or, for quotes and qualifications, the Contractor and the department have signed the contract.”

WDFW will not disclose RFQQ records until the announcement of the apparent successful bidder. At that time, all information about the competitive procurement is disclosable with the exception of the portion(s) of the any quotes and qualifications designated proprietary until the respondent/bidder has an adequate opportunity to seek a court order preventing disclosure.

WDFW may charge for copying and shipping any copies of material requested – contact WDFW for estimate of cost. WDFW will not charge a fee for inspection of RFQQ or contract files. Address requests for copying or inspecting materials to the RFQQ Coordinator.

6.2 Costs for Quote and Qualifications Preparation

WDFW will not be liable for any costs or liabilities incurred by the Bidder associated with the preparation of the quote and qualifications in response to this RFQQ.

6.3 Waiver of Minor Irregularities

WDFW reserves the right to waive minor irregularities contained in any quotes and qualifications submitted in response to this RFQQ.

6.4 Right to Reject All Quotes and Qualifications

WDFW may, at any time at its sole discretion and without penalty, reject any and all quotes and qualifications and issue no contract as a result of this RFQQ.

6.5 Authority to Bind WDFW

Only the Director of WDFW and his/her designated representatives may legally commit WDFW to contracts. The Bidder shall not incur, and WDFW shall not pay, any costs incurred before a contract is fully executed.

6.6 Contract Terms

The Apparently Successful Bidder will be required to sign a contract which contains general terms and conditions substantially the same as those included with this RFQQ as Exhibit E. The contract will also incorporate this RFQQ and the successful quote and qualifications.

7. DEBRIEFING AND PROTEST PROCEDURES

7.1 Debriefing of Unsuccessful Proposers

Bidders that have submitted a quote and qualifications that was not selected will be given the opportunity for a debriefing conference. The request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days after the Notification of Unsuccessful Bidder award letter is sent electronically to the Bidder. The debriefing must be held within three (3) business days of the request.

Discussion will be limited to a critique of the requesting Bidder’s quote and qualifications. Comparisons between quotes and qualifications or evaluations of the other quotes and qualifications will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

7.2 Protest Procedures

RCW 39.26.170 requires WDFW to have a clear and transparent complaint process that allows bidders to submit protests after the announcement of the apparent successful bidder (ASB). The purpose of this process is to allow WDFW to correct evaluation process errors and problems before a contract is executed. After the announcement of the ASB, the WDFW solicitation point of contact must offer a debriefing conference to any bidder upon request. Bidders must request a debriefing conference within three (3) business days after the ASB is announced. In order to submit a protest for a solicitation:

· The bidder must have submitted a response for that solicitation;

· The bidder must have participated in a debriefing conference for that solicitation;

· The protest must be received by the WDFW solicitation point of contact by e-mail or letter within (5) business days after the bidder’s debriefing conference; and

· The protest must be in writing and clearly articulate the basis for the protest.

Bidders may submit a protest on the following issues for a solicitation:

· A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

· Errors in computing the scores; or

· Non-compliance with procedures described in the procurement document or agency protest process.

The WDFW Chief Financial Officer is responsible for investigating and responding to the protest in writing within 10 business days from receipt of the protest, unless additional time is needed. If additional time is needed the WDFW Chief Financial Officer will notify the protesting bidder within 10 business days from receipt of the protest. The WDFW Chief Financial Officer’s decision regarding a protest is final.

Exhibit A

CHECKLIST FOR RESPONSIVENESS

· A signed copy of the Certifications and Assurances document (Exhibit B), signed by a person authorized to bind you or your organization to a contract.

· A signed copy of the Vendor Certification Executive Order 18-03 document (Exhibit C), signed by a person authorized to bind you or your organization to a contract.

· Your company’s response to Bidder Questionnaire (Exhibit D); and

· A completed Bidder Profile (Exhibit E).

Exhibit B

CERTIFICATIONS AND ASSURANCES

We make the following certifications and assurances as a required element of submitting this Quote and Qualifications, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the solicitation are conditions precedent to the award or continuation of the resulting contract.

1. We have read, understand, and agree to abide by all information contained in the solicitation, all Exhibits, and incorporated documents.

2. The attached Quote and Qualifications is a firm offer for a period of 90 days following the Quote and Qualifications Due Date specified in the solicitation, and it may be accepted by WDFW without further negotiation (except where obviously required by lack of certainty in key terms) at any time within this period. In the case of a protest, our Quote and Qualifications will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

3. In preparing this Quote and Qualifications, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Quote and Qualifications. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

4. We understand that the state of Washington will not reimburse us for any costs incurred in the preparation of this Quote and Qualifications. All Quotes and Qualifications become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Quote and Qualifications. Submittal of the attached Quote and Qualifications constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the solicitation.

5. We understand that any Contract awarded as a result of this Quote and Qualifications will incorporate all solicitation requirements. Submittal of a Quote and Qualifications and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the solicitation, all Exhibits, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the solicitation, all Appendices, and incorporated documents of this solicitation.

6. By submitting this Quote and Qualifications, we hereby offer to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.

7. We are not submitting any exceptions.

8. That neither we nor our “principals” (as defined in 49 CFR 29.105) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, or the state of Washington.

9. That we have NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the solicitation date.

I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

SIGNATURE OF PROPOSER

PLACE OF SIGNATURE

TITLE DATE

Exhibit C VENDOR CERTIFICATION EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS WASHINGTON STATE GOODS & SERVICES CONTRACTS Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 1803 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), the Washington Department of Fish and Wildlife will evaluate bids for best value and provide a bid preference in the amount of 3% to any bidder who certifies, pursuant to the certification below that its firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

I hereby certify, on behalf of the firm identified below, as follows (check one):

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

· MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

I HEREBY CERTIFY, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON, THAT THE CERTIFICATIONS HEREIN ARE TRUE AND CORRECT AND THAT I AM AUTHORIZED TO MAKE THESE CERTIFICATIONS ON BEHALF OF THE FIRM LISTED HEREIN.

FIRM NAME: _____________________________________________________

NAME OF VENDOR – PRINT FULL LEGAL ENTITY NAME OF FIRM

dba, if applicable ____________________________________________________ By: __________________________________

SIGNATURE OF AUTHORIZED PERSON

Title: ________________________________

TITLE OF PERSON SIGNING CERTIFICATE

Date: ________________________________

PRINT NAME OF PERSON MAKING CERTIFICATIONS FOR FIRM

Place: ________________________________

PRINT CITY AND STATE

Exhibit D

Bidder Questionnaire Instructions to Bidders: Please ensure that you have included the following information in your response, as these are the items that will be used to evaluate your response:

1. Indicate the number of years of professional experience the vessel operator (Skipper) has had in fishing rockfish/bottomfish on the Washington Coast.

_________ years

2. Indicate the number of years of professional experience the vessel operator has had in fishing rockfish/bottomfish on your vessel in the area described in the Scope of Work under Section 3.

_________ years

_________ years (total number of years for all listed)

Yes |_| No |_|

Exhibit E

BIDDER PROFILE

COMPANY INFORMATION (for contract administration purposes) Company Name & Address:

Authorized Representative:

Phone:

Email:

Ordering Address:

Payment Address:

Federal Tax Identification Number

WA Dept. of Revenue Universal Business Identifier (UBI) Number*

WA Statewide Vendor Payment Number*

*Required for the vendor providing services resulting from this procurement, but not required to submit a quote and qualifications.

REFERENCES

Provide a minimum of three (3) commercial or government references for which Bidder has delivered goods and/or services similar in scope as described in the RFQQ.

1. Customer:

Contact:

Phone:

Email:

2. Customer:

Contact:

3. Customer:

Contact:

SUBCONTRACTORS

If applicable, on a separate sheet, identify any subcontractors who will perform services in fulfillment of contract requirements; the nature of services to be performed and include federal tax identification (TIN) number for each subcontractor. If a subcontractor is a minority or women owned business please include their OMWBE Certification Number (if certified). If necessary, attach additional sheets (please stamp or mark each page with a company name, mark, or initial). Do not include any Social Security Numbers.

The Contractor, by including subcontractor(s) as part of your signed Quote and Qualifications is your agreement to take complete responsibility, contract obligations, and liability for all actions of such subcontractors. All subcontractors are subject to DES approval. DES reserves the right to approve or disapprove any subcontractor.

SALES/CUSTOMER SERVICE

Purchasing Cards Accepted:

|_| Visa |_| Master Card |_| American Express |_| Discover |_| Other:

MINORITY/WOMEN OWNED BUSINESS STATUS

Is your firm a Minority/Women Owned Business? Yes |_| No |_| Office of Minority and Women-Owned Business Enterprises MWBE certification #

VETERAN OWNED BUSINESS STATUS

Is your firm a Veteran Owned Business? Yes |_| No |_| Washington State Department of Veterans Affairs certification #

SMALL BUSINESS STATUS

Is your firm registered as a Small Business in WEBS? Yes |_| No |_|

Exhibit F

GENERAL TERMS AND CONDITIONS

See the inserted document below

Exhibit G

SCOPE OF WORK

1. Work The Contractor will provide services, vessels, vessel operator (Skipper), crew and equipment as described below. Survey participants will include employees and volunteers from the Washington Department of Fish and Wildlife (WDFW). It is anticipated that this project will require the services of one contractor who will fish an estimated 11 days with a maximum of 20 days prior to May 31, 2025.

2. Purpose WDFW will use data gathered from the survey to evaluate population trends, growth rate and migration of rockfish on the Washington Coast.

3. Area Fished All areas fished will be selected by WDFW employees with advice from the Contractor or Vessel Operator to achieve completion of study location objectives, including fixed-station sites and random sampling areas. Fishing will typically be conducted on the northern Washington Coast: north of the southern boundary of Marine Area 3 (47⁰ 32’ Latitude) and south of Cape Alava (approximately 48 10’ Latitude). Location depths will typically range from subtidal to 50 fathoms. Fishing locations may include but are not limited to these locations and depths; locations outside of these specifications may be visited when mutually agreed upon by the Contractor and WDFW project manager. Fishing operations within these location specifications will typically be serviced by the Contractor recruited under this statement of work, but may be serviced by any other charter company that is under WDFW contract when deemed necessary to accomplish survey objectives by the WDFW project manager.

4. Requirements

a. Vessel and Equipment The Contractor will provide one vessel adequately equipped with deck space for up to 8 participants who will fish for rockfish/bottom fish using standard rods/reels. The vessel must have adequate space to safely fish at least 5 anglers from one side of the vessel.

The vessel must have a typical cruising speed of at least 12 knots and AC power in the cabin. The vessel must adhere to all legal lighting requirements for vessels operating in the Pacific Ocean. The Contractor will equip the vessel with VHF radios, GPS, and electronic depth sounders maintained in good working condition at all times. WDFW employees will be allowed access to these devices for recordkeeping purposes.

The vessel must have an available interior table or counter large enough to hold a laptop computer. The vessel must have an exterior flat surface, table or upside-down tote, for participants to work from that is at least 16 ft2. This working surface may be singular (e.g., 4’x4’) or divided into two separate adjacent units that are a minimum of 2’x2’ and 2’x4’ individually. The vessel must be equipped with a salt water live well or wells with a minimum total capacity of 70 gallons. The Contractor will provide or allow space for an additional live well with a minimum capacity of 22 gallons when survey conditions require. The Contractor must provide a mechanical pot puller/hauler or access to a functional anchor winch that is capable of hauling 20-pound scientific sampling equipment on 3/8” line from a depth of 50 fathoms.

WDFW reserves the right to inspect vessels prior to the award of the contract to ensure that the vessel configuration is compatible with WDFW needs, the vessel is in safe working conditions and that the quarters are adequate. If upon inspection, any of the above conditions are not met, WDFW reserves the right to reject the bid. In addition, if a higher bid is received and the vessel is deemed more appropriate for WDFW use, the lower bid(s) can be rejected. WDFW will not place staff into a working/living environment that it deems unsatisfactory.

b. Fishing gear Poles, reels, and terminal tackle that are adequate for fishing for rockfish/bottom fish in coastal waters must be available for participant use. The Contractor will provide crescent-trolling style sinkers of appropriate weights for all weather conditions and depths fished. The Contractor will maintain all fishing gear in excellent working order and to specifications to be defined by the WDFW project leader according to project objectives.

c. Safety Each vessel will meet or exceed all U.S. Coast Guard safety requirements for the appropriate vessel classification and shall be able to pass U.S. Coast Guard inspection without waivers. WDFW employees shall adhere to their agency safety requirements when working on or near the water. During the period of this contract, the Contractor agrees to abide by all the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17. RCW and rules and regulations enacted pursuant thereto. The Contractor agrees to indemnify and save harmless WDFW from all assessments or penalties for violation of the Industrial Safety and Health Act, or regulations enacted there under, and approve and defend citations for violations of the Act or regulations, if such assessments and penalties or notice of violation concern a work place required to be provided by the Contractor.

d. Crew The contractor will be responsible for suppling adequate numbers of skilled personnel to safely operate the vessel. The supplied vessel operator must have at least 10 years of experience fishing for rockfish/bottom fish on the Washington coast. No gratuities will be given to deckhands, even from volunteers. The Contractor must provide 100% of their deckhands’ wages and should consider this when making your bid.

e. Licenses The vessel operator is not required to have a current commercial fishing license, but is required to have a current United States Coast Guard Masters license.

f. Misconduct by vessel operator or crew member WDFW reserves the right to terminate a contract based upon issues concerning inappropriate conduct of a vessel operator or a crew member. Such an issue would be subject to an internal review by WDFW. WDFW will suggest corrective action. Suggested action may or may not include remedial steps prior to contract termination, depending on the nature of the misconduct.

g. Insurance The Contractor shall, at their own expense, obtain and keep in force insurance that provides coverage for their vessel/services as follows, until the completion of the contract. Within fifteen (15) days of the receipt of notice of award, the Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to WDFW that insurance, in the following kinds and minimum amounts has been secured. Failure to provide proof of insurance, as required, will result in contract cancellation. The Contractor will at all times comply with all applicable worker’s compensation, occupational disease, and occupational health and safety laws, statutes and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000. The state will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

The limits of marine liability insurance shall not be less than as follows:

The insurance policies shall include the following provisions: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

5. Vessel Usage

a. Charter The charter will be conducted by WDFW. Fishing and vessel operations and equipment maintenance are the responsibility of the Contractor.

b. Default The Contractor must be available to fish using the contracted vessel during the project period. In the event that circumstances beyond the control of the contractor make him or her unable to provide services as awarded, an alternate vessel may be used with the approval of the WDFW project leader. Documentation by WDFW is required for contract files.

c. Period The initial project period shall extend from the date of execution through May 31, 2025. The initial work under this statement of work will consist of two separate phases. The first phase will commence on approximately September 9, 2024 and be completed by October 31, 2024 and the second phase will commence on approximately April 1, 2025 and be completed by May 31, 2025. Fishing may end at any time before May 31, 2025, at the sole discretion of WDFW.

Fishing operations will take place between dawn and dusk and are broken into “charter day” units. Charter days are generally 10 hours in length but may range from 8 to 12 hours in length. A charter day is considered in effect once WDFW employees/volunteers board and the vessel is underway for a fishing location and is considered ended once the vessel moors and the WDFW crew either disembarks or ceases sampling and related activities. If the Contractor ends a day after less than four hours by request from the WDFW project leader, the Contractor may be compensated at one-half the daily rate. The vessel operator and the project leader will confer to arrive at an understanding if there is a question concerning exceptional circumstances.

The work will include approximately 11 charter days (5 charter days completed from September 9, 2024 to October 31, 2024 and 6 charter days completed from April 1, 2025 to October 31, 2025). Total charter days of the initial project period will be set at the discretion of the WDFW project leader, with a maximum of 20 charter days and no minimum guarantee. The contractor must be available to provide fishing services a minimum of five days a week during each expected phase of work (September 9, 2024 to October 31, 2024 and April 1, 2025 to October 31, 2025) until all charter days are successfully completed. The Contractor may be available less than five days a week during the expected phase of work only with the approval of the WDFW project lead and when arranged prior to the phase of work commencing. Specific fishing days will be scheduled with at least 48 hours advanced notice from project employees and upon mutual agreement between the Contractor and the WDFW project leader. The WDFW will have ultimate authority to cancel scheduled trips at any time for any reason.

d. Personnel responsibilities At least two WDFW employees/volunteers shall be on board the vessel while fishing to handle, document, tag, sample, and release captured fish. WDFW employees are responsible for working with the Contractor to ensure that strict survey methods are followed with regard to fishing location and effort, scientific equipment deployment, and documentation.

The Contractor is responsible for ensuring their availability during each project phase and for adequate communication with the WDFW staff to coordinate fishing times. WDFW employees and equipment will be picked up and delivered at previously established and mutually agreed to times and locations each charter day. The Contractor shall be responsible for conducting all fishing operations, vessel operation, vessel and gear maintenance and assisting WDFW employees when needed. The vessel must be operated in a manner that is consistent with the safety and well-being of all participants. Vessel moorage fees are the responsibility of the Contractor.

6. Fish Usage and Accountability All fish captured live will be tagged, dissected, or otherwise utilized at the discretion of WDFW employees. Under no circumstances will WDFW employees, volunteers, or the Contractor retain any fish for personal use or consumption. All catch is the property of WDFW and may be retained for scientific study. All catch that is not required for scientific study must be released overboard, including those species that may have legal commercial fishing seasons.

7. Invoicing The Contractor will invoice WDFW on a monthly basis for the number of days fished and/or for other services provided. WDFW will reimburse the contractor within 30 days of receipt of a properly completed invoice.

The Contractor shall invoice

WDFW RFQQ 24-00001 Page 9 of 15 image1.emf

Exhibit%20F.docx Exhibit F

GENERAL TERMS AND CONDITIONS

Services Contract

DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below:

1. "AGENCY" or “WDFW” shall mean the Department of Fish and Wildlife of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY.

1. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf.

1. “CFR” shall mean the Code of Federal Regulations of the United States. All references in the contract to CFR titles or sections shall include any successor, amended or replacement regulation.

1. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR.

1. “RCW” shall mean the Revised Code of Washington. All references in the contract to RCW chapters or sections shall include any successor, amended or replacement statutes.

1. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier.

ACCESS TO DATA

In compliance with RCW 39.26.180, the CONTRACTOR shall provide access to data generated under this contract to AGENCY, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the CONTRACTOR’S reports, including computer models and methodology for those models.

ADVANCE PAYMENTS PROHIBITED

No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY.

AMENDMENTS

This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

ASSIGNMENT

Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY.

ATTORNEYS’ FEES

In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION

The CONTRACTOR shall not use or disclose any information concerning the AGENCY, or information that may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law.

CONFLICT OF INTEREST

Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by the AGENT that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. In the event this contract is terminated as provided above, the AGENCY shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of the AGENCY provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the AGENT makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract.

1. COPYRIGHT PROVISIONS

Unless otherwise provided, all materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the AGENCY. The AGENCY shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. Copyright laws, CONTRACTOR hereby irrevocably assigns all right, title, and interest in materials, including all intellectual property rights, to the AGENCY effective from the moment of creation of such materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, CONTRACTOR hereby grants to the AGENCY a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The CONTRACTOR warrants and represents that CONTRACTOR has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the AGENCY.

The CONTRACTOR shall exert all reasonable effort to advise the AGENCY, at the time of delivery of materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of this contract.

The AGENCY shall receive prompt written notice of each notice or claim of infringement received by…