Ventless 2023 RFR.docx

REQUEST FOR RESPONSE

[Vessel services Ventless Lobster Trap Survey] RFR #_DMF-23023_ / COMMBUYS Bid# ______

ISSUE DATE:

Fax Number

COMMBUYS Bid Number

1. Description or Purpose of Procurement: The Massachusetts Division of Marine Fisheries requires the services of five commercial lobster fishers and their vessels to bait, set, haul, and maintain MADMF-owned lobster traps for lobster population monitoring. A maximum of five contracts will be awarded in LCMA 1 (NMFS Area 514) (see Attachment D)

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 5 ; the Purchasing Department may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

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

5. Entities Eligible to Use the Resulting Contract

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

Initial Duration

From date of execution through 6/30/2024

Total Maximum Contract Duration

4 years maximum

7. Anticipated Expenditures, Funding, or Compensation:

Estimated Value of Procurement: $ 150,000

8. Contract Performance and Business Specifications:

Scope of Services: The vessel must be capable of hauling, re-baiting, and deploying experimental traps arranged in 6-pot trawls under the direction of MADMF staff. The duration of the study is 4 months (June – September), during which each contractor will be expected to complete a total of 3 sea-days a month in no more than a continuous ten day period. The contractor will also have up to one additional day at the beginning of the study period in order to initially set the gear on location, and up to one additional day at the end of the study to bring the gear back to the dock. MADMF staff will deliver gear to the contracted captains prior to the first sea days. The contractor is responsible for loading gear onto the vessel and rigging the 6-pot trawls according to the study specifications (this preparation is considered included in the initial set-out day, and is not to be billed as a separate sea or dock day). The contractor will provide the necessary personnel who will be responsible for operating the boat and assisting in the deployment, operation, and retrieval of equipment. A MADMF employee or contracted agent will serve as Chief Scientist and will supervise sampling, or experimental operations onboard the vessel. Please see Attachment D for more details.

Fiscal Terms: Contracts will NOT have a maximum obligation amount (rate contract) Performance Measures: See Attachment D for description of requirements

9. Small Business Purchasing Program (informational not required)

Program Background: The Massachusetts Small Business Purchasing Program (SBPP) was established pursuant to Executive Order 523 to increase state contracting opportunities with small businesses having their principal place of business within the Commonwealth of Massachusetts. Pursuant to the SBPP, it is the intention of the issuing department to award this Small Procurement to one or more SBPP participating business(es) as described below.

SBPP Award Preference While all businesses, no matter the size or principal place of business, may submit responses to this solicitation, should an SBPP participant respond and meet the best value criteria as described in this solicitation, the SBPP participant shall be awarded the contract. The Strategic Sourcing Services Team (SSST) will not evaluate submissions from non-SBPP participants unless no SBPP Bidder meets the SSST’s best value evaluation criteria.

SBPP Participation Eligibility To be eligible to participate in this procurement as an SBPP participant, an entity must meet the following criteria, and be marked as an SBPP-registered business in COMMBUYS:

1. Have its principal place of business in the Commonwealth of Massachusetts;

2. Been in business for at least one year;

3. Employ a combined total of 50 or fewer full-time equivalent employees in all locations, or employees work less than a combined total of 26,000 hours per quarter; and

4. Have gross revenues, as reported on appropriate tax forms, of $15 million or less, based on a three-year average.

Non-profit firms also must be registered as a non-profit or charitable organization with the MA Attorney General’s Office and be up to date with all filings required by that office and be tax exempt under Section 501(c) of the Internal Revenue Code.

SBPP Compliance Requirements It is the responsibility of the Bidder to ensure that their SBPP status is current at the time of submitting a response and throughout the life of any resulting contract. Misrepresentation of SBPP status will result in disqualification from consideration, and may result in debarment, contract termination, and other actions. To learn more about the SBPP, including how to apply, visit the SBPP Webpage.

Program Resources and Assistance Bidders and Contractors seeking assistance regarding SBPP may visit the SBPP webpage, http://www.mass.gov/sbpp, or contact the SBPP Help Desk at sbpp@mass.gov.

10. Supplier Diversity Plan (SDP) Plan – Not required (see Appendix )

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

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

Please see Attachment D for evaluation/selection criteria.

13. Instructions for Submission of Responses:

Only electronic quotes submitted via COMMBUYS will be accepted in response to this RFR. Responses must be sent via the “Create Quote” functionality in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix B. Any submission that fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and may be corrected. In these cases, the evaluation team may allow the vendor to make minor corrections to the submission.

14. Estimated Procurement Calendar

Bid Release Date

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

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 Appendix A: Required Specifications https://www.mass.gov/doc/rfr-required-specifications-of-commodities-and-services Appendix B: Electronic Quote Submission Instructions https://www.mass.gov/doc/instructions-for-vendors-responding-to-bids Appendix C: SPD information Appendix D: Project Description and Specifications

Appendix C: SPD Program Background

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

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

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

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

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

· Minority-Owned Business Enterprise (MBE)

· Minority Non-Profit Organization (M/NPO)

· Women-Owned Business Enterprise (WBE)

· Women Non-Profit Organization (W/NPO)

· Veteran-Owned Business Enterprise (VBE)

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

· Disability-Owned Business Enterprise (DOBE)

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

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

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

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

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

· SDP Partners are not required to be subcontractors.

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

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

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

Bidders may propose SDP Partners that are:

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

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

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

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

· A clearly stated purpose or goal.

· Specific types of diverse and small businesses targeted.

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

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

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

· An existing internal supplier diversity policy.

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

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

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

· Technical and financial assistance provided to diverse businesses.

· Participation in joint ventures between nondiverse and diverse businesses.

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

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

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

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

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

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

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

DMF-23023 - ATTACHMENT D: Project Description and Specifications

I. Overview

The Massachusetts Division of Marine Fisheries requires the services of five commercial lobstermen and their vessels to bait, set, haul, and maintain MADMF-owned lobster traps for lobster population monitoring.

Vessels must be in the 28-48 ft range, be capable of cruising at a minimum of 10 knots, and have a covered area that will protect scientific equipment from weather and waves. The vessel must be equipped, at a minimum, with a compass, depth recorder, plotter, radar, GPS, VHF radio, hydraulic pot hauler, and davit. The vessel also must be capable of hauling, re-baiting, and deploying experimental traps arranged in 6-pot trawls under the direction of MADMF staff. The duration of the study is 4 months (June – September), during which each contractor will be expected to complete a total of 3 sea-days a month in no more than a continuous ten day period. The contractor will also have up to one additional day at the beginning of the study period in order to initially set the gear on location, and up to one additional day at the end of the study to bring the gear back to the dock. MADMF staff will deliver survey gear to the contracted captains prior to the first sea days. The contractor is responsible for loading gear onto the vessel and rigging the 6-pot trawls according to the study specifications (this preparation is considered included in the initial set-out day, and is not to be billed as a separate sea or dock day). MADMF will provide weak rope (1700lb breaking strength) to be used as vertical lines. Vertical lines must conform to all Federal and MA protected species regulations at all times. The contractor will be responsible for cutting and rigging the vertical lines and marking each vertical line according to MA state waters gear marking requirements. The contractor is responsible for providing buoys.

The bidder must possess a valid Massachusetts commercial lobster license. Vessels must possess sufficient room to accommodate a minimum of two sea samplers/scientists in addition to the normal crew. The contractor will provide the necessary personnel who will be responsible for operating the boat and for the deployment, operation and retrieval of equipment. A MADMF employee or contracted agent will serve as Chief Scientist and will supervise sampling, or experimental operations onboard the vessel. Procedures will be agreed upon between the Chief Scientist and the contractor in advance of any at-sea operation. The safety of the vessel and personnel on it will be the responsibility of the contractor at all times. The contractor shall be responsible for all fuel, lubricants, dockage, bait, and other consumables necessary to conduct the operation.

The vessel shall be properly licensed by all pertinent state and federal agencies and carry safety equipment in conformance with all U.S. Coast Guard regulations. The vessel must possess an up-to-date Coast Guard Voluntary Safety Dockside Exam Certificate prior to the start of work. MADMF personnel will supply their own immersion suits. The contractor is responsible for obtaining any necessary insurance, including additional coverage for non-crew members (scientists or observers).

Table 1. Approximate mileage (nm) to steam through the stations of each Zone within NMFS Area 514 (LCMA 1). Each Zone has 12 stations.

Figure 1. Zones and 2023 station locations for the MADMF Coastwide Ventless Trap Survey in Area 514 (LCMA 1).

A. Tasks and Deliverables Each contractor will be expected to complete no less than 12, and no more than 14 sea-days during the project duration. The duration of the project is 4 months (June – September). The gear for each zone will be hauled over 3 sea-days per month distributed in the following monthly haul cycle:

Haul Cycle

· Day 1 = haul, enable, and bait gear without observer.

· Day 2 = Haul and re-bait gear 3 days (weather-dependent) after the initial set with MADMF biologist on board.

· Day 3 = Haul gear 3 days (weather-dependent) after the previous set with MADMF biologist on board. Re-set gear with disabling door open, DO NOT RE-BAIT.

Contracted fishermen will be assigned (after consultation) a week of the month during which they will typically be required to do the work. (1st, 2nd, 3rd, or 4th). They will then always haul the gear during that same time frame each month.

IV. TIME LINE

April/May 2023 - Award contracts May 2023 - Deliver traps/gear to selected contractors. Begin to set gear on station.

September 2023 - Haul and sample survey gear, haul gear out of water October 2023 - Gear will be picked up by MADMF.

V. Submission Requirements All responses must be submitted online, via the COMMBUYS website WWW.COMMBUYS.COM.

Each Response must contain the following:

· Completed quote indicating Zone-specific sea day rate.

· Completed Attachment E: Supplemental Information - Vessel Fact Sheet (to be uploaded as an attachment with the quote).

· A description of the bidder’s qualifications including fishing experience, any previous collaborative scientific work, or associated experience.

· A photo of the bidder’s vessel (to be uploaded as an attachment with the quote or inserted into the Attachment E document).

Bidding Considerations:

· All bidders must meet the minimum criteria specified in the RFR.

· Bidders are required to indicate in which zone they are willing and capable of fishing.

· Bidders can select more than one zone and can provide different bids for different zones.

· Traps, groundlines, and weak-rope (1700 lb breaking strength) for vertical lines will be provided by MADMF.

· Contractors are responsible for supplying the bait.

· Contractors are responsible for rigging and marking the vertical lines according to MA state waters regulations for trap/pot gear. Vertical lines must be in compliance with Federal and MA protected species regulations at all times.

· Contractors are responsible for supplying the buoys. MADMF will reimburse for any buoys lost during the course of the survey as specified above.

Additional forms as indicated in Section 14 of the RFR are required.

Failure to submit these documents with a Response may result in disqualification of the Response. All forms must be complete prior to contract execution and commencement of service.

VI. Questions Prospective contractors may submit questions to Alex Boeri at Alex.Boeri@mass.gov until March 29, 2023.

VII. Selection Criteria Quotes will be evaluated based on the following criteria:

· Bid amount.

· The breadth and depth of qualifications of the contractor(s).

· The breadth and depth of experience of the contractor(s).

· Appropriateness of the contractor’s vessel, including port and proximity to zone, size, speed, work space, and safety features.

· Past performance for any contractors who have worked previously under contract to MADMF.

The Selected Respondent may not be the lowest cost bidder as all the above criteria will be considered in the evaluation of Responses. Also note that MADMF reserves the option to interview some or all Respondents for the purpose of clarifying a Response prior to making a final award.

VIII. PROJECT TERMS

A final contract is subject to successful negotiation of a Final Scope of Services. It is anticipated that projects may commence within two weeks of MADMF’s decision.

DMF-23023 - ATTACHMENT E: SUPPLEMENTAL INFORMATION

Power Vessel Description and Captain’s Experience RFR# DMF-23023: VESSEL SERVICES FOR A VENTLESS LOBSTER TRAP SURVEY IN MASSACHUSETTS COASTAL WATERS

Vessel Name: ___________________________ Captain’s Name: _____________________

Vessel Owner, Address and Contact Phone Number:

Usual Port: __________________ Other Ports: ________________________

Gear types vessel is rigged for:__________ _____________ _____________

Vessel Specifications

LOA: _____________________________

Beam width: ____________ .

Engine type & horsepower: ____________ Effective Cruising Speed:______________

Is 120 VAC power available on your vessel (choose one)? No____ Yes____

Is covered space available to protect scientific equipment? No____ Yes____

Does your vessel have a current U.S. Coast Guard inspection? No____ Yes____

Does your vessel have a USCG Certified life raft with updated inspection? No____ Yes____

What side of the vessel is your hauler on? Port / Starboard (circle one).

Have you, or any of your crew, been convicted of or assessed a fine for a fisheries violation? If yes, explain.

Other vessel characteristics or information or comments:

What is the experience of the captain? Please provide specific information relative to your experience in the zone(s) for which you are bidding. (This is for the captain that will be operating the vessel during any contracted time resulting from this RFR)

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