System Wide Assessment Monitoring Program RFP 3000016041

1 REQUEST FOR PROPOSAL SYSTEM WIDE ASSESSMENT MONITORING PROGRAM (SWAMP) RFP #: 3000016041 PROPOSAL DUE DATE/TIME: DECEMBER 17, 2020 @ 3:00 PM State of Louisiana COASTAL PROTECTION AND RESTORATION AUTHORITY November 5, 2020 2 TABLE OF CONTENTS PART 1. ADMINISTRATIVE AND GENERAL INFORMATION 1.1 Purpose ............................................................................................................................................. 4 1.2 Background ...................................................................................................................................... 4 1.3 Goals and Objectives ....................................................................................................................... 5 1.4 Term of Contract .............................................................................................................................. 5 1.5 Definitions

....................................................................................................................................... 6 1.6 Schedule of Events ........................................................................................................................... 7 1.7 Proposal Submittal ........................................................................................................................... 7 1.8 Qualifications for Proposer .............................................................................................................. 8 1.8.1 Desirable Qualifications ................................................................................................................... 8 1.9 Proposal Response Format ............................................................................................................. 10 1.9.1 Cover Letter .......................................................................................................................... 10 1.9.2 Table of Contents .................................................................................................................. 10 1.9.3 Executive Summary ............................................................................................................. 10 1.10 Volume I – Technical Proposal ................................................................................................... 10 1.10.1 Company Background and Experience .................................................................................. 10 1.10.2 Approach and Methodology .................................................................................................. 11 1.10.3 Proposed Staff Qualifications ................................................................................................ 12 1.10.4 Veteran and Hudson Initiative Programs Participation ......................................................... 12 1.10.5 Certification Statement .......................................................................................................... 13 1.10.6 Outsourcing of Key Internal Controls. .................................................................................. 13 1.10.7 Subcontractors. ...................................................................................................................... 14 1.10.8 Insurance. ............................................................................................................................... 14 1.11 Volume II – Financial Information ............................................................................................ 14 1.12 Volume III Cost Proposal ............................................................................................................ 14 1.13 Number of Copies of Proposals ..................................................................................................... 15 1.14 Legibility/Clarity ........................................................................................................................... 16 1.15 Confidential Information, Trade Secrets and Proprietary Information .......................................... 16 1.16 Proposal Clarifications Prior to Submittal ..................................................................................... 17 1.16.1 Pre-Proposal Conference ....................................................................................................... 17 1.16.2 Proposer Inquiries ................................................................................................................. 17 1.16.3 Blackout Period ..................................................................................................................... 17 1.17 Errors and Omissions in Proposal .................................................................................................. 18 1.18 Changes, Addenda, Withdrawals ................................................................................................... 18 1.19 Waiver of Administrative Informalities ......................................................................................... 19 1.20 Proposal Rejection/RFP Cancellation ............................................................................................ 19 1.21 Ownership of Proposal ................................................................................................................... 19 1.22 Cost of Offer Preparation ............................................................................................................... 19 1.23 Taxes .............................................................................................................................................. 19 1.24 Determination of Responsibility .................................................................................................... 20 1.25 Use of Subcontractors .................................................................................................................... 20 1.26 Written or Oral Discussions/Presentations .................................................................................... 20 1.27 Acceptance of Proposal Content .................................................................................................... 21 1.28 Evaluation and Selection ................................................................................................................ 21 1.29 Best and Final Offers (BAFO) ....................................................................................................... 21 1.30 Contract Award and Execution ...................................................................................................... 21 1.31 Notice of Intent to Award .............................................................................................................. 22 1.32 Right to Prohibit Award ................................................................................................................. 22 3 1.33 Insurance Requirements for Contractors ........................................................................................ 22 1.34 Indemnification and Limitation of Liability .................................................................................. 24 1.35 Payment ........................................................................................................................................ 25 1.35.1 Electronic Vendor Payment Solutions ...................................................................................... 26 1.36 Termination .................................................................................................................................... 26 1.36.1 Termination of the Contract for Cause ................................................................................... 26 1.36.2 Termination of the Contract for Convenience ........................................................................ 26 1.36.3 Termination for Non-Appropriation of Funds ....................................................................... 26 1.37 Assignment .................................................................................................................................... 27 1.38 Right to Audit ................................................................................................................................ 27 1.39 Civil Rights Compliance ................................................................................................................ 27 1.40 Record Ownership ......................................................................................................................... 27 1.41 Entire Agreement/Order of Precedence ......................................................................................... 28 1.42 Contract Modifications .................................................................................................................. 28 1.43 Substitution of Personnel ............................................................................................................... 28 1.44 Governing Law .............................................................................................................................. 28 1.45 Claims or Controversies ................................................................................................................. 28 1.46 Code of Ethics ................................................................................................................................ 28 1.47 Corporate Requirements ................................................................................................................ 28 1.48 Prohibition of Discriminatory Boycotts of Israel .......................................................................... 29 PART 2. SCOPE OF SERVICES ............................................................................................................ 30 PART 3. EVALUATION .......................................................................................................................... 37 3.1 Cost Evaluation .............................................................................................................................. 38 3.2 Veteran-Owned and Service-Connected Disabled Veteran-Owned Small Entrepreneurships (Veteran Initiative) and Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) Programs Participation ................................................................................................................... 38 PART 4. PERFORMANCE STANDARDS 4.1 Performance Requirements ............................................................................................................ 39 4.2 Performance Measurement/Evaluation/Monitoring Plan ............................................................... 39 4.3 Veteran and Hudson Initiative Programs Reporting Requirements ............................................... 39 ATTACHMENTS Attachment I. Certification Statement ....................................................................................................... 40 Attachment II. Required Rate Schedule ..................................................................................................... 42 Attachment III. Sample Contract ............................................................................................................... 45 Attachment IV. Electronic Vendor Payment Solution ............................................................................... 63 Attachment V. SWAMP Water Quality Station coordinates ..................................................................... 64 4 REQUEST FOR PROPOSAL FOR SYSTEM WIDE ASSESSMENT MONITORING PROGRAM PART 1: ADMINISTRATIVE AND GENERAL INFORMATION 1.1 Purpose The Coastal Protection and Restoration Authority (CPRA) is seeking a professional environmental science consulting firm to perform a variety of environmental science and monitoring services tasks that will, in accordance with the System Wide Assessment Monitoring Program (SWAMP), enhance the capability, efficiency, and responsiveness of the CPRA to achieve Louisiana’s coastal protection and restoration mission. The SWAMP program involves data collection at approximately 120 water quality monitoring stations across the Louisiana coastal zone. The services required will include the collection and testing/laboratory analysis of a range of ecological parameters at established water quality stations (Attachment V). The Contractor may also provide support to the CPRA for ecological reporting and analysis, project-specific monitoring, and database management. High-quality deliverables produced under this contract will contribute to the further execution and expansion of the coastal protection and restoration program and its goals. The contracting process to be established by the CPRA will be on a task order basis. The CPRA Contract Manager will coordinate all efforts throughout the contract period including task scopes, schedules and cost negotiations, and will assign tasks to the Contractor as needed. CPRA will award one contract from this RFP. 1.2 Background The System-Wide Assessment and Monitoring Program (SWAMP) has been developed as a long- term monitoring program to ensure a comprehensive network of coastal data collection activities is in place to support the development, implementation, and adaptive management of the coastal protection and restoration program within coastal Louisiana. Project–specific monitoring efforts through the Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA) program in the early 1990s quickly became challenging as adequate reference areas were difficult to identify and monitoring variables were non consistent among projects. As a result, CWPPRA developed the Coastwide Reference Monitoring System (CRMS) to address these challenges and provide a pool of reference sites by which to evaluate the effectiveness of individual restoration projects, effectiveness of the overall program, and to provide a means to assess landscape change (Steyer et al., 2003). Although CRMS provides valuable data on wetlands across coastal Louisiana, a more comprehensive, systematic monitoring program was needed to meet the needs of the state’s coastal protection and restoration program, including predictive modeling and program assessment. In 2005, the Louisiana Coastal Area (LCA) Ecosystem Restoration Study Science and Technology Program proposed expanding CRMS to include coastal waters and barrier islands (U.S. Army Corps of Engineers, 2004). Although a formalized coastal waters program was not implemented, the monitoring of barrier islands was initiated by the Louisiana Department of Natural Resources (LDNR) under the Barrier Island Comprehensive Monitoring (BICM) Program and is now managed by the CPRA. While the ongoing monitoring and assessment of wetland systems and barrier islands through CRMS and BICM, respectively, has proven to be of value, other aspects of 5 system dynamics, including offshore and inland water-body boundary conditions, non-tidal freshwater habitats, riverine conditions, risk status, and protection performance, were not the subject of CPRA-coordinated monitoring. In addition, monitoring of some key aspect of the Louisiana coastal system is undertaken by other agencies or entities. To meet the expanded need of CPRA, the System-Wide Assessment and Monitoring Program (SWAMP) was developed to integrate monitoring programs, fill the gaps of CRMS and BICM and be a long-term monitoring program to ensure a comprehensive network of coastal data collection activities is in place to support the development, implementation, and adaptive management of the coastal protection and restoration program within coastal Louisiana. 1.3 Goals and Objectives The goal of this Request for Proposal is to provide CPRA and its affiliated federal partners with an experienced contractor having professional environmental service expertise and the depth of resources to fulfill requirements in accordance with the SWAMP water quality data collection and laboratory analysis. This contractor will conduct a coast-wide comprehensive water quality data collection effort necessary to enhance the analysis, evaluation and effectiveness of Louisiana’s coastal restoration projects at the project, region and coastwide levels. 1.4 Term of Contract The term of any contract resulting from this RFP shall begin on or about February 1, 2021 and is anticipated to end on January 31, 2024. The State shall have the right to contract for up to thirty- six (36) months with the concurrence of the Contractor and all appropriate approvals. 6 1.5 Definitions Agency Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this State authorized to participate in any contract resulting from this solicitation. BICM Barrier Island Comprehensive Monitoring Program Contractor Any person having a contract with a governmental body; the selected Proposer. CRMS Coastwide Reference Monitoring System CWPPRA Coastal Wetlands Planning, Protection and Restoration Act Discussions For the purposes of this RFP, a formal, structured means of conducting written or oral communications/presentations with responsible Proposers who submit proposals in response to this RFP. DOA Division of Administration LCA Louisiana Coastal Area LDNR Louisiana Department of Natural Resources May and Can The terms “may” and “can” denote an advisory or permissible action. OSP Office of State Procurement Proposer A firm or individual who responds to this RFP RFP Request for Proposal Shall, Will and Must Shall, Will and Must – The terms “shall”, “will”, and “must” denote mandatory requirements. Should The term “should” denotes a desirable action. State The State of Louisiana SWAMP System Wide Assessment and Monitoring Program 7 1.6 Schedule of Events Event Date RFP advertised in newspapers and posted to CPRA webpage and LaPAC November 5, 2020 Non-Mandatory Pre-proposal conference (if applicable) Not Applicable Deadline for receipt of written inquiries November 17, 2020 @ 3:00PM Deadline to answer written inquiries December 1, 2020 Deadline for receipt of proposals All proposals shall remain sealed until the date and time listed. December 17, 2020 @ 3:00PM Notice of Intent to award announcement, and 14-day protest period begins, on or about January 22, 2021 Contract execution, on or about February 1, 2021 NOTE: The State of Louisiana reserves the right to revise this schedule. Revisions, if any, before the Proposal Submission Deadline will be formalized by the issuance of an addendum to the RFP. 1.7 Proposal Submittal Firms or individuals who are interested in providing services requested under this RFP must submit a proposal containing the information specified in the RFP. The proposal must be received in hard copy (printed) version by the RFP Coordinator on or before the date and time specified in the Schedule of Events or as adjusted by Addenda. FAX or e-mail submissions shall not be acceptable. Proposers mailing or delivering their proposals should allow sufficient mail delivery time to ensure receipt of their proposal by the time specified. The proposal package must be delivered at the Proposer's expense to: Allison Richard, RFP Coordinator Coastal Protection & Restoration Authority 150 Terrace Avenue Baton Rouge, LA 70802 225-342-5453 The responsibility solely lies with each proposer to ensure their proposal is delivered at the specified place and prior to the deadline for submission. Proposals received after the deadline will not be considered. 8 1.8 Qualifications for Proposer 1.8.1 Desirable Qualifications: It is desirable that Proposer’s proposed staff should meet the following qualifications prior to the deadline for receipt of proposals: 1. Program Manager  Shall be responsible for the day-to-day program management, operations and data collection tasks that are associated with a complex monitoring program.  A bachelor’s degree and a minimum of seven (7) years professional experience in program/project management involving multifaceted operations. 2. Principal Environmental Scientist  Shall act as technical lead in scientific data collection, processing, quality assurance and training of field employees. Should be able to communicate effectively with the CPRA and collaborating agencies and demonstrate a proficiency in both evaluating restoration and protection projects and writing scientific reports.  A Ph.D. or master’s degree in biological sciences, coastal resource management, ecology, environmental sciences, or a related field and should have a minimum of seven (7) years of experience monitoring coastal systems, including marsh, swamp, ridge, and/or barrier island habitats. 3. Senior Environmental Scientist  A bachelor’s degree in biological sciences, chemistry, coastal resource management, ecology, engineering, environmental sciences, forestry, geosciences, marine science, oceanography, wetland management, wildlife and/or fisheries, or a related field.  Shall act as the lead supervisor in the daily field operations of data collection. This position should have experience in each of these following areas:  Five (5) years of experience in hydrologic monitoring. Should be knowledgeable of hydrologic monitoring equipment, methods, troubleshooting and maintenance.  Five (5) years of experience in vegetative sampling techniques and identification.  Five (5) years of experience in sediment sampling techniques. Should be knowledgeable of wetland soil types and sediment properties.  Five (5) years of experience measuring vertical elevation and accretion in coastal environments. Should be knowledgeable of geomorphological processes occurring along Louisiana’s coast. Note: Principal Environmental Scientist or Environmental Scientist 3 may alternately fulfill one or more of the above requirements, depending on their areas of expertise. 9 4. Project Manager  A bachelor’s degree or higher in biological sciences, chemistry, coastal resource management, ecology, engineering, environmental sciences, forestry, geosciences, marine science, oceanography, wetland management, wildlife and/or fisheries, or a related field with a minimum of five (5) years of project management experience in a related field.  A master’s degree in any of the qualifying fields will substitute for one year of the required experience and a Ph.D. will substitute for two years of the required experience. 5. Project Controls Manager  A bachelor’s degree or higher and at least one (1) year of experience in financial management. 6. Environmental Scientist 3  A bachelor’s degree or higher in biological sciences, chemistry, coastal resource management, ecology, engineering, environmental sciences, forestry, geosciences, marine science, oceanography, wetland management, wildlife and/or fisheries, or a related field with a minimum of four (4) years of experience in a related field.  A master’s degree in any of the qualifying fields will substitute for one year of the required experience and a Ph.D. will substitute for two years of the required experience. 7. Environmental Scientist 2  A bachelor’s degree or higher in biological sciences, chemistry, coastal resource management, ecology, engineering, environmental sciences, forestry, geosciences, marine science, oceanography, wetland management, wildlife and/or fisheries, or a related field with two (2) years of experience. 8. Environmental Scientist 1  A bachelor’s degree or higher in biological sciences, chemistry, coastal resource management, ecology, engineering, environmental sciences, forestry, geosciences, marine science, oceanography, wetland management, wildlife and/or fisheries, or a related field. 9. Field Technician  At least one (1) year of experience in the navigation of water vessels, including airboats when required, in coastal marsh, swamp and barrier island habitats, often in challenging weather conditions. 10. Administrative/Clerical  One (1) year of experience in administrative and clerical support. 10 1.9 Proposal Response Format Proposals submitted for consideration should follow the format and order of presentation described below: Proposers shall respond to this RFP with Volume I: Technical, Volume II: Financial Information, and Volume III, Cost Proposal. Proposers are encouraged to submit proposals in a concise, orderly fashion that includes complete, appropriate comment, documentation, and submittals to address the RFP requirements. 1.9.1 Cover Letter A cover letter should be submitted on the Proposer's official business letterhead explaining the intent of the Proposer. 1.9.2 Table of Contents This section services to reference significant section headings and page numbers of the proposal. 1.9.3 Executive Summary This section serves to introduce the scope of the proposal. It should include administrative information including the Proposer’s contact name and phone number. It should include the stipulation that the proposal is valid for a time period of at least 90 calendar days from the date of submission. This section should also include a summary of the Proposer's qualifications and ability to meet the State agency's overall requirements in the timeframes set by the agency. The executive summary should include a positive statement of compliance with the contract terms, see Sample Contract, Attachment III. If the Proposer cannot comply with any of the contract terms, an explanation of each exception should be supplied. The Proposer should address the specific language in the Sample Contract, Attachment III and submit whatever exceptions or exact contract modifications that its firm may seek. While final wording will be resolved during contract negotiations, the intent of the provisions will not be substantially altered; nor is CPRA obligated to incorporate suggested contract revisions. 1.10 Volume I – Technical Proposal The following sections pertain to the point allocation. Proposers can receive a maximum score of 24 for Company Background and Experience, a maximum score of 15 for Approach and Methodology, a maximum score of 24 for Proposed Staff Qualifications, and a maximum score of 12 points for Veterans and Hudson Program Participation. 1.10.1 Company Background and Experience The Proposers should give a brief description of their company including brief history, corporate or organization structure, and number of years in business, This section should provide a detailed discussion of the Proposer’s prior experience in working on projects similar in size, scope, and function to the proposed contract. Proposers 11 should describe their experience in other states or in corporate and governmental entities of comparable size and diversity with references from previous clients including names and telephone numbers. Proposers should clearly describe their ability to meet or exceed the qualifications described in Section 1.8 – Qualifications for Proposer. 1.10.2 Approach and Methodology Proposals should include enough information to satisfy evaluators that the Proposer has the appropriate experience, knowledge and qualifications to perform the scope of services as described herein. Proposers should respond to all requested areas: The Proposer should:  Provide proposers understanding of the nature of the Scope of Services (Part 2) and how the proposer will best meet the needs of the State agency.  Define its functional approach in providing the services.  Describe its functional approach in responding to task requests to meet agency requirements.  Describe its approach to Project Management and Quality Assurance.  Provide a sample proposed Project Work Plan that reflects the approach and methodology, tasks and services to be performed, deliverables, timetables and staffing.  Provide an explanation of any additional tasks to be performed which are deemed necessary by the proposer for successful project completion; explanation of deviation from and/or deletion of any tasks listed in the Scope of Services.  Provide an understanding of multi-disciplinary service needs, priorities and focus areas of the existing CPRA functions and development/support needs as described in the Scope of Services  Describe the ability to develop programmatic strategies, goals and objectives  Describe an understanding of success metrics, and how to identify and track programmatic metrics  Describe the ability to develop collaborative partnerships with a wide-variety of types of organizations.  Proposer is encouraged to make specific suggestions for improvements to the State’s recommended data collection procedures, data management, analytical methodologies, and/or equipment that will be more cost-effective or save time and/or effort without compromising data quality or the SWAMP design, see Part 2, Sections 2.3 and 2.4. These recommendations should be accompanied by specific justifications and explanations. If the Proposer makes recommendations that require equipment or procedures that vary from those described in the Standard Operating Procedures (SOP) manual for the CRMS-Wetlands and the SWAMP (Folse et al. 2020), the Proposer should also provide specifications for review. 12 1.10.3 Proposed Staff Qualifications The Proposer should provide detailed information about the experience and qualifications of the Proposer's assigned personnel considered key to the success of the project. Proposer should submit a resume for each of the assigned personnel, and the resume should include education, training, technical experience, functional experience, specific dates and names of employers, relevant and related experience, past and present projects with dates and responsibilities and any applicable certifications. This should also specifically include the role and responsibilities of each person who may perform work outlined in the Scope of Services, their planned level of effort, their anticipated duration of involvement, and their on-site availability. Proposer should also demonstrate the ability to expand staff capacity quickly for unaddressed needs. For the Program Manager, Project Managers, and Senior Environmental Scientist, customer references (name, title, company name, address and telephone numbers) should be provided for the cited projects in the individual resumes. Proposers should clearly describe their ability to meet or exceed the staff qualifications described in Section 1.8 – Qualifications for Proposer. 1.10.4 Veteran and Hudson Initiative Programs Participation The State of Louisiana Veteran and Hudson Initiatives are designed to provide additional opportunities for Louisiana-based small entrepreneurships (sometimes referred to as LaVet’s and SE’s respectively) to participate in contracting and procurement with the state. A certified Veteran-Owned and Service-Connected Disabled Veteran-Owned small entrepreneurships (LaVet) and a Louisiana Initiative for Small Entrepreneurships (Hudson Initiative) small entrepreneurship are businesses that have been certified by the Louisiana Department of Economic Development. All eligible vendors are encouraged to become certified. Qualification requirements and online certification are available at https://smallbiz.louisianaeconomicdevelopment.com If a Proposer is not a certified small entrepreneurship as described herein, but plans to use certified small entrepreneurship(s), Proposer shall include in their proposal the names of their certified Veteran Initiative or Hudson Initiative small entrepreneurship subcontractor(s), a description of the work each will perform, and the dollar value of each subcontract. During the term of the contract and at expiration, the Contractor will also be required to report Veteran-Owned and Service-Connected Disabled Veteran-Owned and Hudson Initiative small entrepreneurship subcontractor or distributor participation and the dollar amount of each. In RFP’s requiring the compliance of a good faith subcontracting plan, the State may require Proposers to submit information on their business relationships and arrangements with certified LaVet or Hudson Initiative subcontractors at the time of proposal review. Agreements between a Proposer and a certified LaVet or Hudson Initiative subcontractor 13 in which the certified LaVet or Hudson Initiative subcontractor promises not to provide subcontracting quotations to other Proposers shall be prohibited. If performing its evaluation of proposals, the State reserves the right to require a non- certified Proposer to provide documentation and information supporting a good faith subcontracting plan. Such proof may include contracts between Proposer and certified Veteran Initiative and/or Hudson Initiative subcontractor(s). If a contract is awarded to a Proposer who proposed a good faith subcontracting plan, the using agency, the Louisiana Department of Economic Development (LED), or the Office of State Procurement (OSP) may audit Contractor to determine whether Contractor has complied in good faith with its subcontracting plan. The Contractor must be able to provide supporting documentation (i.e., phone logs, fax transmittals, letter, e-mails) to demonstrate its good faith subcontracting plan was followed. If it is determined at any time by the using agency, LED, or the OSP Director that the Contractor did not in fact perform in good faith its subcontracting plan, the contract award or the existing contract may be terminated. The statutes (La. R.S. 39:2171 et. seq.) concerning the Veteran Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=671504. The statutes (La. R.S. 39:2001 et. seq.) concerning the Hudson Initiative may be viewed at: http://www.legis.la.gov/Legis/Law.aspx?d=96265. The rules for the Veteran Initiative (LAC 19:VII. Chapters 11 and 15) and for the Hudson Initiative (LAC 19:VIII Chapters 11 and 13) may be viewed at: http://www.doa.la.gov/pages/osp/se/secv.aspx. A current list of certified Veteran-Owned and Service-Connected Disabled Veteran- Owned and Hudson Initiative small entrepreneurships may be obtained from the Louisiana Economic Development Certification System at: https://smallbiz.louisianaeconomicdevelopment.com Additionally, a list of Hudson and Veteran Initiative small entrepreneurships, which have been certified by the Louisiana Department of Economic Development and who have opted to register in the State of Louisiana LaGov Supplier Portal: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg. This may be accessed from the State of Louisiana Procurement and Contract (LaPAC) Network: https://wwwcfprd.doa.louisiana.gov/OSP/LaPAC/vendor/VndPubMain.cfm. When using this site, determine the search criteria (i.e. alphabetized list of all certified vendors, by commodities, etc.) and select SmallE, VSE, or DVSE. 1.10.5 Certification Statement The Proposer must sign and submit the signed Certification Statement, Attachment I. Proposals that do not contain the signed Certification Statement will be disqualified. 1.10.6 Outsourcing of Key Internal Controls Not applicable to this RFP. 14 1.10.7 Subcontractors Persons who are not full-time employees of the Proposer shall be considered subcontractors. All subcontractors necessary to conduct the work should be identified as specified in 1.25: Use of Subcontractors, including the projected percentage of the scope of services to be accomplished by each subcontractor. For each subcontractor, the Proposer should include letters of agreement to undertake their portion of the proposed work. 1.10.8 Insurance The Proposal should include a certificate of insurance as proof that the Proposer has in effect limits of insurance required by Section 1.33 Insurance Requirements for Contractors. If selected as a Contractor, the Proposer shall provide certificates of insurance as proof of coverage at the time of contract negotiation. 1.11 Volume II – Financial Information Proposers shall include one separate Volume II containing Financial Information as described below. Demonstration of Financial Capability is required for Acceptance of this Proposal. Financial information is used for determination of responsibility (See Section 1.24), and not as evaluation criteria. In Volume II, proposals shall include evidence demonstrating the Proposer’s financial capability to carry out this project. Evidence shall include either #1 or #2 below: 1. Financial Statements (preferably audited or reviewed by an independent CPA) for the past 3 years. 2. If the past three years of financial statements are not available, proposer shall state the reason and shall provide a letter from the proposer’s bank and/or other financial companies stating financial status/standing with the bank or financial company (on bank/financial company letterhead). *Letters from proposers declaring their own financial capability will not be accepted, and will result in disqualification of the Proposer. *Subcontractors are NOT required to submit financial information. The prime contractor assumes all financial responsibility for work performed by its subcontractors. 1.12 Volume III - Cost Proposal The Proposer shall provide one hourly rate (numerical value) for each of the personnel classifications, one daily rate (numerical value) for each of the equipment classifications, and one analysis rate (numerical value) for each of the laboratory analysis classifications listed in the Required Rate Schedule in Attachment II. The Prime and Subcontractors will all adhere to the “Required Rate Schedule” for the full term of the contract, so Proposers shall submit only one “Required Rate Schedule”. The rate shall be inclusive of all costs associated with labor, overhead, administrative costs, software, account management, and any other costs associated with the provision of services (including, but not limited to, standard equipment, computers, field sampling 15 supplies, office supplies, copies, cameras, personal protective equipment, and materials) as well as be inclusive of mileage and per diem. All travel related expenses, and per diem (when lodging expenses are NOT incurred), shall be included in the hourly labor rates established for each labor category. If lodging is incurred, when pre-approved by the CPRA Contract Manager, it will be reimbursed in accordance with the Division of Administration State General Travel Regulations, within the limits established for State Employees as defined in Division of Administration Policy and Procedure Memorandum No. 49 (PPM No. 49). PPM 49 can be found at the website: http://www.doa.la.gov/Pages/osp/Travel/TravelPolicy.aspx. Meals associated with the pre-approved lodging will also be reimbursed in accordance with the referenced PPM No. 49. Proposers shall not provide additional personnel, equipment, or laboratory analysis classifications beyond those listed in the “Required Rate Schedule.” Expenses (third party charges, specialized equipment and material rentals, etc.) will be reimbursed at cost. Expenses such as third party charges, specialized equipment, and material rentals will be negotiated by the Contract Monitor on each task order as appropriate to complete the assigned work. Such expenses will be reimbursed at cost, with sufficient documentation supporting the charges. Such approval must be granted in writing by the Contract Monitor or his designee prior to the Contractor incurring these costs. Compensation to the Contractor for services rendered in connection with each Task Order shall be based on negotiated work-hours using the negotiated rate schedule described in Section 1.30 for the actual work performed on the Task Order. For information purposes only, the Proposer shall provide an estimated percentage and cost of the effort that will be completed by each subcontractor (if applicable). It is anticipated that other unforeseen services (generally defined in Part 2: Scope of Services) will be required in addition to and in support of the required activities defined in Sections 2.3 and 2.4 of the Scope of Services. These additional services will also be administered through Task Orders utilizing the rates provided by the Contractor on the Required Rate Schedule. Slotting of proposed labor rates to individual personnel is negotiable and requires justification based on the individuals’ qualification (experience) and the personnel classification prior to issuance of a Task Order. 1.13 Number of Copies of Proposals One (1) original and five (5) hard copies of the Volume I and Volume III portion of the proposal and one (1) copy of Volume II of the proposal shall be submitted to the RFP Coordinator at the address specified. Volume I and Volume III portion of the proposal shall also be submitted in an electronic format as one document (i.e. CD, USB flash drive). At least one (1) of the proposals shall contain signatures of those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted if proposer is a corporation. The copy of the proposal with original signatures will be retained for incorporation in any contract resulting from this RFP. 16 Volume I and Volume III Volume II Hard copy 1 original, 5 copies 1 copy Electronic copy 1 (CD or flash drive) Proposers should not submit any electronic copies of Volume II. 1.14 Legibility/Clarity Responses to the requirements of this RFP in the formats requested are desirable with all questions answered in as much detail as practicable. The Proposer’s response should demonstrate an understanding of the requirements. Proposals prepared simply and economically, providing a straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP are also desired. Each Proposer shall be solely responsible for the accuracy and completeness of its proposal. 1.15 Confidential Information, Trade Secrets, and Proprietary Information All financial, statistical, personal, technical and other data and information relating to the State’s operation which are designated confidential by the State and made available to the contractor in order to carry out the contract, or which become available to the contractor in carrying out the contract, shall be protected by the contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the contractor. If the methods and procedures employed by the contractor for the protection of the contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The contractor shall not be required under the provisions of the paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the contractor's possession, is independently developed by the contractor outside the scope of the contract, or is rightfully obtained from third parties. Under no circumstance shall the contractor discuss and/or release information to the media concerning this project without prior express written approval of the CPRA. Only information which is in the nature of legitimate trade secrets or non-published financial data shall be deemed proprietary or confidential. Any material within a proposal identified as such must be clearly marked in the proposal and will be handled in accordance with the Louisiana Public Records Act, R.S. 44:1-44 and applicable rules and regulations. Any proposal marked as confidential or proprietary in its entirety shall be rejected without further consideration or recourse. 17 1.16 Proposal Clarifications Prior to Submittal 1.16.1 Pre-proposal Conference Not required for this RFP. 1.16.2 Proposer Inquiries Written questions regarding RFP requirements or Scope of Services must be submitted to the RFP coordinator listed below. Allison Richard, RFP Coordinator Coastal Protection & Restoration Authority Email: CPRAcontracts@LA.GOV Fax: (225) 800-5599 The State will consider written inquiries and requests for clarification of the content of this RFP received from potential Proposers. Written inquiries must be received by the date and time specified in the Schedule of Events (or such later date included in an Addendum to the RFP). The State shall reserve the right to issue Addenda at any time during the period of procurement should a change be identified that is in the best interest of the State. Official responses to inquiries submitted by potential Proposers will be posted by the date specified in the Schedule of Events (or such later date included in an Addendum to the RFP) at the following links: https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm http://coastal.la.gov/resources/rfps-rsiqs-contracts/contracts-and-grants/ Only the RFP Coordinator or her designee has the authority to officially respond to a Proposer’s questions on behalf of the State. Any communications from any other individuals shall not be binding to the State. Note: LaPAC is the State’s online electronic bid posting and notification system resident on the Office of State Procurement website http://www.doa.la.gov/Pages/osp/Index.aspx. In that LaPAC provides an immediate e-mail notification to subscribing Bidders/Proposers that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting. To receive the e-mail notification, Vendors/Proposers must register in the LaGov portal. Registration is intuitive at the following link: https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg. Help scripts are available on OSP website under vendor center at: http://www.doa.la.gov/Pages/osp/vendorcenter/regnhelp/index.aspx 1.16.3 Blackout Period The blackout period is a specified period of time during a competitive sealed procurement process in which any Proposer, bidder, or its agent or representative, is prohibited from communicating with any state employee or contractor of the State involved in any step in the procurement process about the affected procurement. The blackout period applies not only to state employees, but also to any contractor of the State. “Involvement” in the 18 procurement process includes but may not be limited to project management, design, development, implementation, procurement management, development of specifications, and evaluation of proposals for a particular procurement. All solicitations for competitive sealed procurements will identify a designated contact person, as per Proposer Inquiries section of this RFP. All communications to and from potential Proposers, bidders, vendors and/or their representatives during the blackout period must be in accordance with this solicitation’s defined method of communication with the designated contact person. The blackout period will begin upon posting of the solicitation. The blackout period will end when the contract is awarded. In those instances in which a prospective Proposer is also an incumbent contractor, the State and the incumbent contractor may contact each other with respect to the existing contract only. Under no circumstances may the State and the incumbent contractor and/or its representative(s) discuss the blacked-out procurement. Any bidder, Proposer, or state contractor who violates the blackout period may be liable to the State in damages and/or subject to any other remedy allowed by law. Any costs associated with cancellation or termination will be the responsibility of the Proposer or bidder. Notwithstanding the foregoing, the blackout period shall not apply to:  A protest to a solicitation submitted pursuant to La. R.S. 39:1671;  Duly noticed site visits and/or conferences for bidders or Proposers;  Oral presentations during the evaluation process  Communications regarding a particular solicitation between the RFP Coordinator listed in the RFP of the procuring agency provided the communication is limited strictly to matters of procedure. Procedural matters include deadlines for decisions or submission of proposals and the proper means of communicating regarding the procurement, but shall not include any substantive matter related to the particular procurement or requirements of the RFP. 1.17 Errors and Omissions in Proposal The State will not be liable for any errors in the proposals. The State reserves the right to seek clarification of any proposal for the purpose of identifying and eliminating minor irregularities or informalities. 1.18 Changes, Addenda, Withdrawals The State reserves the right to change the Schedule of Events or revise any part of the RFP by issuing an addendum to the RFP at any time prior to the Deadline for Receipt of Proposals. Addenda, if any, will be posted at https://wwwcfprd.doa.louisiana.gov/osp/lapac/pubMain.cfm and http://coastal.la.gov/resources/rfps-rsiqs-contracts/contracts-and-grants/ It shall be the responsibility of the Proposer to check the website for addenda to the RFP. 19 A Proposer may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To withdraw a proposal, a written request signed by the authorized representative of the Proposer must be submitted to the RFP coordinator identified in the RFP. 1.19 Waiver of Administrative Informalities The State shall reserve the right, at its sole discretion, to waive minor administrative informalities contained in any proposal. 1.20 Proposal Rejection/RFP Cancellation Issuance of this RFP in no way shall constitute a commitment by the State to award a contract. The State shall reserve the right to accept or reject, in whole or part, all proposals submitted and/or cancel this RFP if it is determined to be in the State’s best interest. 1.21 Ownership of Proposal All materials submitted in response to this RFP shall become the property of the State. Selection or rejection of a proposal shall not affect this right. 1.22 Cost of Offer Preparation The State shall not be liable for any costs incurred by Proposers prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to this RFP shall be entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the State. 1.23 Taxes Contractor shall be responsible for payment of all applicable taxes from the funds to be received under contract awarded from this RFP. In accordance with R.S. 39:1624(A)(10), the Louisiana Department of Revenue must determine that the prospective contractor is current in the filing of all applicable tax returns and reports and in payment of all taxes, interest, penalties, and fees owed to the state and collected by the Department of Revenue prior to the approval of the contract by the Office of State Procurement. The prospective contractor shall attest to its current and/or prospective compliance by signing the Certification Statement, Attachment I, submitted with its proposal, and also agrees to provide its seven-digit LDR Account Number to the contracting agency so that the prospective contractor’s tax payment compliance status may be verified. The prospective contractor further acknowledges understanding that issuance of a tax clearance certificate by the Louisiana Department of Revenue is a necessary precondition to the approval and effectiveness of the contract by the Office of State Procurement. The contracting agency reserves the right to withdraw its consent to the contract without penalty and proceed with alternate arrangements should the vendor fail to resolve any identified apparent outstanding tax compliance discrepancies with the Louisiana Department of Revenue within seven (7) days of such notification. 20 1.24 Determination of Responsibility Determination of the Proposer’s responsibility relating to this RFP shall be made according to the standards set forth in LAC 34:2536. The State must find that the selected Proposer:  Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance;  Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them;  Is able to comply with the proposed or required time of delivery or performance schedule;  Has a satisfactory record of integrity, judgment, and performance; and  Is otherwise qualified and eligible to receive an award under applicable laws and regulations. Proposers should ensure that their proposals contain sufficient information for the State to make its determination by presenting acceptable evidence of the above to perform the contracted services. 1.25 Use of Subcontractors The State shall have a single prime contractor as the result of any contract negotiation, and that prime contractor shall be responsible for all deliverables specified in the RFP and proposal. This general requirement notwithstanding, Proposers may enter into subcontractor arrangements, however, shall acknowledge in their proposals total responsibility for the entire contract. If the Proposer intends to subcontract for portions of the work, the Proposer shall identify any subcontractor relationships and include specific designations of the tasks to be performed by the subcontractor. Information required of the Proposer under the terms of this RFP shall also be required for each subcontractor. The prime contractor shall be the single point of contact for all subcontract work. Unless provided for in the contract with the State, the prime contractor shall not contract with any other party for any of the services herein contracted without the express prior written approval of the State. 1.26 Written or Oral Discussions/Presentations The State, at its sole discretion, may require all Proposers reasonably susceptible of being selected for the award to provide an Oral Presentation of how they propose to meet CPRA’s objectives. If Oral Presentations are requested by CPRA, detailed information and requirements and evaluation criteria for presentations will be provided to the contact person for each of the short- listed Proposers. The CPRA reserves the right to adjust the original scores based upon information received in the presentation, using the original evaluation criteria. Cost score remains the same. Commitments made by the Proposer at the oral presentation, if any, will be considered binding. Upon conclusion of Oral Presentations, a recommendation of the selected firm will be sent to the CPRA Executive Director. Contract award and execution is contingent upon the selected Proposer and CPRA reaching an agreeable contract. The selected Proposer will be posted 21 on the CPRA web page at https://coastal.la.gov/resources/rfps-rsiqs-contracts/contracts-and- grants/. 1.27 Acceptance of Proposal Content All proposals will be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals that are not in compliance will be rejected from further consideration. 1.28 Evaluation and Selection The evaluation of proposals will be accomplished by a Proposal Review Committee to be designated by the CPRA, which will determine the proposal most advantageous to the CPRA, taking into consideration price and the other evaluation factors set forth in the RFP. The Proposal Review Committee may consult subject matter expert(s) to serve in an advisory capacity regarding any proposer or proposal. Such input may include, but not be limited to, analysis of Proposer financial statements, review of technical requirements, or preparation of cost score data. 1.29 Best and Final Offers (BAFO) The State reserves the right to conduct a BAFO with one or more Proposers identified by the evaluation committee to be reasonably susceptible of being selected for an award. If conducted, the Proposers selected will receive written notification of their selection, a list of specific items to address in the BAFO, and instructions for submittal. The BAFO negotiation may be used to assist the State in clarifying the scope of work or to obtain the most cost effective pricing available. The written invitation to participate in BAFO will not obligate the State to a commitment to enter into a contract. 1.30 Contract Award and Execution The State reserves the right to enter into a contract based on the initial offers received without further discussion of the proposals submitted. The State reserves the right to contract for all or a partial list of services offered in the proposals. The RFP, including any addenda added, and the selected proposal shall become part of the contract initiated by the State. The selected Proposer shall be expected to enter into a contract that is substantially the same as the Sample Contract, Attachment III. A Proposer shall not submit its own standard contract terms and conditions as a response to this RFP. The Proposer should submit in its proposal any exceptions or contract deviations that its firm wishes to negotiate. Negotiations may coincide with the announcement of the selected Proposer. The State reserves the right to negotiate a reduction to the “Required Rate Schedule” hourly labor and daily equipment rates (Attachment II) with any Proposer selected by the Proposal Review Committee for contract award. The Proposer will receive written notification of the State’s intent to negotiate submitted rates. The final negotiated hourly labor and daily equipment rates on the Proposer’s Required Rate Schedule will be considered the maximum amount allowed. The subcontractors will also adhere to the final negotiated hourly labor and daily equipment rates of the Proposer for the full term of the contract. 22 If the contract negotiation period exceeds 30 business days, or if the selected Proposer fails to sign the final contract within 30 business days of delivery, the State may elect to cancel the award and award the contract to the next-highest-ranked Proposer. 1.31 Notice of Intent to Award The Proposal Review Committee shall compile the scores and make a recommendation to the head of the agency on the basis of the responsive and responsible proposer with the highest score. The State will notify the successful Proposer and proceed to negotiate terms for final contract. Unsuccessful proposers will be notified in writing accordingly. The proposals received (except for that information appropriately designated as confidential in accordance with R. S. 44.1 et seq), selection memorandum, list of criteria used with the weight assigned each criteria, scores of each proposal considered along with a summary of scores, and a narrative justifying selection shall be made available, upon request, to all interested parties after the “Notice of Intent to Award” letter has been issued. Any person aggrieved by the proposed award has the right to submit a protest in writing to the Chief Procurement Officer within fourteen (14) calendar days after the agency issues a Notice of Intent to award a contract. The award of a contract shall be subject to the approval of the Division of Administration, Office of State Procurement. 1.32 Right to Prohibit Award In accordance with the provisions of R.S. 39:2192, any public entity shall be authorized to reject a proposal from, or not award a contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or RFP awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, and all contracts under Title 39, Chapter 17 of the Louisiana Procurement Code, including contracts for professional, personal, consulting, and social services. 1.33 Insurance Requirements for Contractors Insurance shall be placed with insurers with an A.M. Best’s rating of no less than A-: VI. This rating requirement shall be waived for Worker’s Compensation coverage only. 1.33.1 Contractor's Insurance The Contractor shall not commence work under this Contract until he has obtained all insurance required herein. Certificates of Insurance, fully executed by officers of the Insurance Company written or countersigned by an authorized Louisiana State agency, shall be filed with the State of Louisiana for approval. The Contractor shall not allow any subcontractor to commence work on his subcontract until all similar insurance required for the subcontractor has been obtained and approved. If so requested, the Contractor shall also submit copies of insurance policies for inspection and approval of the State of Louisiana before work is commenced. Said policies shall not hereafter be canceled, permitted to expire, or be changed without thirty (30) days' notice in 23 advance to the State of Louisiana and consented to by the State of Louisiana in writing and the policies shall so provide. 1.33.2 Minimum Scope and Limits of Insurance 1.33.2.1 Workers Compensation Before any work is commenced, the Contractor shall maintain during the life of the contract, Workers’ Compensation Insurance for all of the Contractor’s employees employed at the site of the project. In case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all the latter’s employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in work under the contract at the site of the project is not protected under the Workers’ Compensation Statute, the Contractor shall provide for any such employees, and shall further provide or cause any and all subcontractors to provide Employer’s Liability Insurance for the protection of such employees not protected by the Workers’ Compensation Statute. 1.33.2.2 Commercial General Liability The Contractor shall maintain during the life of the Contract such Commercial General Liability Insurance which shall protect him, the State, and any subcontractor during the performance of work covered by the contract from claims or damages for personal injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract, whether such operations be by himself or by a subcontractor, or by anyone directly or indirectly employed by either of them, or in such a manner as to impose liability to the State. Such insurance shall name the State as additional insured for claims arising from or as the result of the operations of the Contractor or his subcontractors. In the absence of specific regulations/provisions, the amount of coverage shall be as follows: Commercial General Liability Insurance, including bodily injury, property damage and contractual liability, with combined single limits of no less than $1,000,000. 1.33.2.3 Professional Liability (Errors and Omissions) Professional Liability (Error & Omissions) insurance, which covers the professional errors, acts, or omissions of the Contractor, shall have a minimum limit of $1,000,000. Claims-made coverage is acceptable. The date of the inception of the policy must be no later than the first date of the anticipated work under the contract. It shall provide coverage for the duration of the contract and shall have an expiration date no earlier than 30 days after the anticipated completion of the contract. The policy shall provide an extended reporting period of not less than 36 months from the expiration date of the policy, if the policy is not renewed. 1.33.2.4 Licensed and Non-Licensed Motor Vehicles The Contractor shall maintain during the life of the Contract, Business Automobile Liability Insurance in an amount not less than combined single limits of $1,000,000 per occurrence for bodily injury/property damage. Such insurance shall cover the use of any non-licensed motor vehicles engaged in operations within the terms of the Contract on the site of the work to be performed thereunder, unless such coverage is included in insurance elsewhere specified. 24 1.33.2.5 Subcontractor’s Insurance The Contractor shall require that any and all subcontractors, which are not protected under the Contractor’s own insurance policies, take and maintain insurance of the same nature and in the same amounts as required of the Contractor. 1.33.2.6 Errors & Omissions It will be the Contractor’s responsibility to maintain Errors and Omissions coverage with limits of $1,000,000. This Errors and Omissions coverage must be maintained throughout the period of this Contract. 1.33.2.7 Acceptability of Insurers All required insurance shall be provided by a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located. Insurance shall be placed with insurers with an A.M. Best's rating of A-:VI or higher. This rating requirement may be waived for workers compensation coverage only. If at any time an insurer issuing any such policy does not meet the minimum A.M. Best rating, the Contractor shall obtain a policy with an insurer that meets the A.M. Best rating and shall submit another Certificate of Insurance within 30 days. 1.33.2.8 Verification of Coverage Contractor shall furnish the Agency with Certificates of Insurance reflecting proof of required coverage. The Certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates are to be received and approved by the Agency before work commences and upon any contract renewal or insurance policy renewal thereafter. Upon failure of the Contractor to furnish, deliver and maintain required insurance, the contract, at the election of the Agency, may be suspended, discontinued or terminated. Failure of the Contractor to purchase and/or maintain any required insurance shall not relieve the Contractor from any liability or indemnification under the contract. 1.34 Indemnification and Limitation of Liability Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under Contract. Contractor shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify and hold harmless the State and its Authorized Users from suits, actions, damages and costs of every name and description relating to personal injury and damage to property caused by Contractor, its agents, employees, partners or subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of the State. If applicable, Contractor will indemnify, defend and hold the State and its Authorized Users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs which may be finally assessed against the State in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that the State shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, 25 or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, the State or its Authorized Users may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: i) Authorized User's unauthorized modification or alteration of a Product, Material or Service; ii) Authorized User's use of the Product in combination with other products not furnished by Contractor; iii) Authorized User's use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the Authorized User's exclusive remedy to take action in the following order of precedence: (i) to procure for the State the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to the State up to the dollar amount of the Contract. For all other claims against the Contractor where liability is not otherwise set forth in the Contract as being "without limitation", and regardless of the basis on which the claim is made, Contractor's liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Contractor under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Contractor is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. The State and Authorized User may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. 1.35 Payment Payment terms shall be negotiated with the successful Proposer. Payments are predicated upon successful completion of the described tasks and deliverables as provided in Appendices A and B. Payments will be made to the Contractor after written acceptance by the State of the task and approval of an invoice. Payment will be made only on approval of the Contract Monitor or his designee. During the execution of tasks contained in the Scope of Services, the Contractor may submit monthly invoices for actual costs incurred in accordance with the rate schedule in Appendix B (Proposal). Invoices along with supporting documentation, detailing the fees charged and 26 allowable costs to be reimbursed as set forth in Appendices A and B shall be based upon actual costs incurred and shall be submitted monthly with progress reports (Appendix C). Compensation to the Contractor for services rendered in connection with each Task Order shall be based on negotiated work-hours using the negotiated rate schedule described in Section 1.30 for the actual work performed on the Task Order. The final invoice shall be submitted within thirty (30) days following expiration of the Contract. Contractor will not be paid more than the maximum amount of the Contract. 1.35.1 Electronic Vendor Payment Solutions The State desires to make payment to the awarded Proposer electronically. The method of payment may be via EFT, a method in which payment is sent directly from the State’s bank to the payee’s bank. Please see Attachment IV for additional information regarding electronic payment methods and registration. 1.36 Termination 1.36.1 Termination of the Contract for Cause State may terminate the Contract for cause based upon the failure of the Contractor to comply with the terms and/or conditions of the Contract; provided the State shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) calendar days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) calendar days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the State may, at its option, place the Contractor in default and the Contract shall terminate on the date specified in such notice. Failure to perform within the time agreed upon in the contract may constitute default and may cause cancellation of the contract. Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the State to comply with the terms and conditions of the contract provided that the Contractor shall give the State written notice specifying the State agency’s failure and a reasonable opportunity for the State to cure the defect. 1.36.2 Termination of the Contract for Convenience The State may terminate the Contract at any time without penalty by giving thirty (30) calendar days’ written notice to the Contractor of such termination or negotiating with the Contractor an effective date. Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 1.36.3 Termination for Non-Appropriation of Funds The continuation of the contract shall be contingent upon the appropriation of funds by the legislature to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act of Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the 27 contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds have not been appropriated. 1.37 Assignment No Contractor shall assign any interest in the contract by assignment, transfer, or novation, without prior written consent of the State. This provision shall not be construed to prohibit the Contractor from assigning to a bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State. 1.38 Right to Audit The State Legislative Auditor, internal auditors of the Division of Administration, agency auditors, and if applicable, federal auditors shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontractor to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of five (5) years from the date of final payment under the prime contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a longer period of time is required in accordance with other applicable state or federal law. 1.39 Civil Rights Compliance The Contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under the contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, disability, or age in any matter relating to employment. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of the contract. 1.40 Record Ownership All records, reports, documents, or other material related to any contract resulting from this RFP and/or obtained or prepared by the Contractor in connection with the performance of the services contracted for herein shall become the property of the State and shall, upon request, be returned by the Contractor to the State, at the Contractor’s expense, at termination or expiration of the contract. 28 1.41 Entire Agreement/ Order of Precedence This RFP, any addenda, the awarded contract, and the proposal submitted by the Contractor in response to the State’s RFP, including any exhibits specifically incorporated herein by reference, shall constitute the entire agreement between the parties with respect to the subject matter. In the event of any inconsistent or incompatible provisions, the signed agreement (excluding the RFP and the Contractor’s proposal) shall take precedence, followed by the provisions of the RFP, and then by the terms of the Contractor’s proposal. 1.42 Contract Modifications No amendment or variation of the terms of the contract shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the contract shall be binding on any of the parties. 1.43 Substitution of Personnel The Contractor's personnel assigned to the Contract shall not be replaced without the prior written consent of the State. Such consent shall not be unreasonably withheld or delayed provided an equally qualified replacement is offered. In the event that any State or Contractor personnel become unavailable due to resignation, illness, or other factors, excluding assignment to a project outside the contract, outside of the State's or Contractor's reasonable control, as the case may be, the State or the Contractor shall be responsible for providing an equally qualified replacement in time to avoid delays in completing tasks. The Contractor will make every reasonable attempt to assign the personnel listed in his proposal. 1.44 Governing Law The contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana. Venue of any action brought with regard to the contract shall be in the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana. 1.45 Claims or Controversies Any claim or controversy arising out of the contract shall be resolved by the provisions of Louisiana Revised Statutes 39:1672.2-1672.4. 1.46 Code of Ethics All Proposers should be advised that contractors may, in certain circumstances, be deemed public employees as defined by the Ethics Commission, and may be subject to the provisions of the Ethics Code. It is the responsibility of the Proposer to understand and comply with the requirements and prohibitions. Full disclosure to the CPRA is required of any potential conflicts, with particular emphasis on the provisions of La. R.S. 42:1111 C and La. R.S. 42:1115 A and B. Any potential conflicts shall be resolved with the Louisiana Board of Ethics prior to seeking a contract. 1.47 Corporate Requirements If the Contractor is a corporation not incorporated under the laws of the State of Louisiana, the Contractor shall have obtained a certificate of authority pursuant to R. S. 12:301-302 from the 29 Louisiana’s Secretary of State. If the Contractor is a for-profit corporation whose stock is not publicly traded, the Contractor shall ensure that a disclosure of ownership form has been properly filed with the Louisiana’s Secretary of State. 1.48 Prohibition of Discriminatory Boycotts of Israel By submitting a response to this solicitation, the bidder or proposer certifies and agrees that the following information is correct: In preparing its response, the Proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israeli-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. Proposer also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The State reserves the right to reject the response of the Proposer if this certification is subsequently determined to be false, and to terminate any contract awarded based on such a false response. 30 PART 2: SCOPE OF SERVICES 2.1 Introduction and Background The Coastal Protection and Restoration Authority (CPRA) is seeking a professional science consulting firm to perform a variety of environmental science and monitoring service tasks that will, in accordance with the System Wide Assessment and Monitoring Program (SWAMP), enhance the capability, efficiency, and responsiveness of the CPRA to fulfill Louisiana’s coastal protection and restoration mission. The SWAMP program includes water quality data collection at approximately 120 monitoring sites across the Louisiana coastal zone. Monitoring services required at these stations will include the collection and testing/laboratory analysis of a range of water quality characteristics including: water salinity, specific conductance, water temperature, turbidity, total suspended solids (TSS), volatile suspended solids, dissolved oxygen, Chlorophyll a, and nutrients (total nitrogen (TN), total Kjeldahl nitrogen (TKN), nitrate+nitrite (NO3+NO2), ammonium (NH4), total phosphorus (TP), orthophosphate (PO4), and silica (SiO2)). These parameters provide an understanding of the ecosystem status for pelagic and benthic communities, estuarine and marine wildlife, and soil properties of adjacent wetlands. Some of these variables will be collected directly in the field using YSI meters or equivalent (salinity, turbidity, dissolved oxygen) and some will be collected in water samples for further processing in the laboratory (Chlorophyll a, total suspended solids, total volatile solids, total nitrogen (TN), total Kjeldahl nitrogen (TKN), nitrate+nitrite (NO3+NO2), ammonium (NH4), total phosphorus (TP), orthophosphate (PO4), and silica (SiO2)). The Contractor may also provide support to the CPRA for ecological reporting and analysis, project-specific monitoring, and database management. High-quality deliverables produced under this contract will contribute to the further execution and expansion of the coastal protection and restoration program and its goals. The contracting process to be established by the CPRA will be on a task order basis. The CPRA Contract Manager will coordinate all efforts throughout the contract period including task scopes, schedules, and cost negotiations, and will assign tasks to the Contractor as needed. 2.2 Performance of Task Orders The Contractor shall perform all work required to accomplish the intent of the task orders assigned by CPRA. The Contractor shall be required to commence work on each written task order within an agreed upon date from receiving the CPRA written Notice to Proceed, with the exception of inclement weather impeding field work. The Contractor must also notify the CPRA Contract Manger if any problems arise with meeting the deadlines set forth in the Notice to Proceed. The Contractor shall provide all professional staff, support staff, and specialists necessary to plan, perform, supervise, and report the required work. The Contractor shall furnish all labor, transportation, fuel, equipment (unless otherwise stated that the State will provide), and supplies necessary to perform the services required by each task order. 31 2.3 Scope of Services Services will be required in a variety of specialized categories, including, but not limited to the following: A. Data Collection Tasks associated with this category will relate to the coastal protection and restoration monitoring program, which includes the System Wide Assessment and Monitoring Program (SWAMP). Tasks associated with this program are defined in more detail in Section 2.4. Additional duties/tasks may be assigned on an as-needed basis by the CPRA Contract Manager. B. Data Management Tasks associated with this category include obtaining, assembling, and organizing data; reviewing data and performing quality assurance/quality control (QA/QC). 2.4 Coastal Protection and Restoration Monitoring Program The SWAMP program provides an array of sites for the evaluation of coastal restoration projects and more comprehensively the coastal protection and restoration program. Data collected under SWAMP will 1) characterize typical conditions within various habitat types for both project and non-project areas, 2) provide a basis of comparison to evaluate differences in response to coastal protection and restoration projects, 3) provide an avenue to evaluate the effectiveness of the coastal protection and restoration program, 4) determine whether whole coastal ecosystems are being protected and restored, not just the areas directly affected by individual projects, and 5) be a valuable source of information for coastwide project planning. The Contractor will be responsible for reviewing, understanding, and enacting the water quality section of the Standard Operating Procedures (SOP) manual for the CRMS- Wetlands and the SWAMP (Folse et al. 2020), the CPRA Quality Management Plan for Louisiana Fiscal Year 2020 (Villarrubia et al. 2019), and other materials posted at the following link to develop their proposal: https://cims.coastal.louisiana.gov/docs/RFP/2021_CPRA_Field_Data_Collection. A. Distribution of Sites There are approximately 120 SWAMP water quality stations distributed across the Louisiana coast (Figure 1). The contractor will be responsible for data collection at all 120 monthly water quality stations associated with the System Wide Assessment Monitoring Program (SWAMP). The number of SWAMP stations requiring monthly water quality sampling by hydrologic basin are: Ponchartrain (18), Breton Sound (18), Barataria (23), Terrebonne (29), Atchafalaya (3), Teche-Vermilion (7), Mermentau (7), and Calcasieu-Sabine (15) (Table 1). The total number of water quality monitoring stations may vary over time due to changes in monitoring programs, landowner access restrictions, or other restrictions such as inaccessible access related to storms or other unknown event. 32 Figure 1. SWAMP water quality station locations. The frequency of monitoring required is listed below in Table 1. Table 1. – SWAMP water quality and frequency of monitoring. Data Collection Parameter Number of SWAMP Stations Sample Frequency Monthly Water Quality 15 stations (Calcasieu/Sabine) 7 stations (Mermentau) 7 stations (Teche/Vermilion) 3 stations (Atchafalaya) 29 stations (Terrebonne Basin) 23 stations (Barataria Basin), 18 stations (Pontchartrain Basin), 18 stations (Breton Sound Basin) Monthly 33 B. SWAMP Water Quality Variables The variables measured at each station are necessary to address the objectives of the System Wide Assessment and Monitoring Program and to determine the effectiveness of the coastal restoration program. The frequency of sampling is that which is minimally required to evaluate long-term trends, while maintaining information on seasonal trends. Field sampling methodologies and references for laboratory methodologies are described in Folse et al. 2020. The following variables will be monitored at each station: Parameter In situ field measurement (depth profile) Water sample collected for lab analysis Chlorophyll a (Chl a) X Nutrients* X Total Suspended Solids (TSS) X Volatile Suspended Solids X Dissolved Oxygen (D.O.) X Salinity X Turbidity X Water temperature X Specific conductance X *Nutrients include Total Nitrogen (TN), Total Kjeldahl Nitrogen (TKN), Nitrate+Nitrite (NO3+NO2), Ammonium (NH4), Total Phosphorus (TP), Orthophosphate (PO4), and Silica (SiO2) 1. Water Quality in situ measurements Water quality in situ measurements are collected monthly at each SWAMP WQ station (see Figure 1). Water quality in situ parameters to be sampled include dissolved oxygen (DO), water temperature, specific conductance, salinity, and turbidity. Parameter Units Dissolved Oxygen mg/L Water temperature °C Specific conductance µS/cm Salinity ppt Turbidity FNU Measurements will be taken in the field at depth increments of 1 foot if the depth is less than 20 feet or at increments of 2 feet if the depth is greater than 20 feet. 34 2. Water Quality samples for Lab Analysis – Acquisition and Analyses Water quality samples will be collected at a target depth (mid-water depth) and will be properly stored and preserved and delivered to a pre-approved laboratory for the lab analyses specified below (Folse et al., 2020). All deliveries will be made to assure samples are prepared, processed, and analyzed within appropriate hold times, as dictated by EPA and/or Standard Method protocols. Contractor will be responsible to for arranging and including laboratory analysis as a part of their response to this RFP. An appropriate laboratory will be utilized that is able to meet CPRA reporting limits and standards of the SWAMP. The contractor will be responsible for working with and managing the approved laboratory for the required sample analyses listed below: C. General Timeline The following is an example of annual data collection/servicing requirements: Months Activity January - December  water quality in situ measurements  water quality samples for laboratory analysis  laboratory analyses on water quality samples D. Station Access Stations associated with SWAMP water quality sampling will potentially require that permission be granted from specific landowners for some stations which will require traversing non-public waters. The CPRA Land Section can provide contact information upon request. A plan must be in place to ensure that relevant landowners (if any) are notified prior to all access and that any landowner restrictions are honored at all times. It is recommended that the Contractor maintain at least one full-time position to handle landrights responsibilities. Landowner restrictions may include type of boat usage, times when access is allowed, access routes, waterfowl/alligator season restrictions, etc. It should be noted that many landowners do not allow airboat usage at any time during waterfowl season. This means that several sites might not be accessible for up to 3 months out of the year because no other boat option is available. It is important to understand that the required boat type may change throughout the year for some sites due to landowner restrictions or because of environmental conditions (water levels, submerged aquatic vegetation, etc.). It is also important to note that landowner restrictions can change at any time. It will be the responsibility of the Contractor to read, follow, and understand all landowner requirements. 35 E. Field Data Collection and Laboratory Analysis Methodology All methodologies for data collection and laboratory analysis are described in Folse et al. 2020 located at https://cims.coastal.louisiana.gov/docs/RFP/2021_CPRA_Field_Data_Collection. This document includes station servicing requirements, data management/processing, and quality control procedures that must be followed. The Contractor is encouraged to provide recommendations to modify current procedures if these modifications will result in improved data quality, increased efficiency, and/or reduced costs to the CPRA. F. Data Management and Quality Assurance All data collected by the Contractor must meet minimum data quality standards as outlined in the CPRA Quality Management Plan for Louisiana Fiscal Year 2020 (Villarrubia et al. 2019). The Contractor must follow and be able to document their adherence to the quality assurance/quality control (QA/QC) procedures as outlined in Folse et al. 2020. The CPRA houses and manages its data in a relational database system called the Coastal Information Management System (CIMS). The final destination of all data collected through this contract will be in the CIMS database. Data can be transferred to CIMS from any computer connected to the internet via a remote load interface. It will be the responsibility of the Contractor to ensure that data collected through this contract meet the minimum quality standards described in Folse et al. 2020 prior to final submission to the CPRA and that the data are provided in a format that will be readily received by CIMS. These data formats are provided in Folse et al. 2020. All data must be provided to the CPRA on a monthly basis after quality control procedures are performed on the data. Required data completeness—the ratio of the amount of valid data obtained to the amount expected—is 85%, as defined in the CPRA Quality Management Plan for Louisiana Fiscal Year 2020 (Villarrubia et al. 2019). Monetary penalties for missing data will be assessed on a per station basis. Consideration will be given for landrights restrictions and factors outside the control of the Contractor. The Contractor should understand that data management, which includes QA/QC, data loading/transfer to CIMS, and general documentation of field conditions can account for up to 40-50% of the contract implementation workload. As with field data collection methodologies, the Contractor is encouraged to provide recommendations to modify current data management procedures if these modifications will result in improved data quality, increased efficiency, and/or reduced costs to the CPRA. G. Reporting Reports will be required of the Contractor on a routine basis. A monthly status/progress report must be submitted with a monthly invoice indicating the stations serviced, raw data transferred to the CPRA, and QA/QC’d data transferred to the CPRA. These monthly reports should also identify problems encountered and 36 how they were addressed. Information contained in these reports will be verified by the CPRA Contract Manager prior to approval for payment. H. Task Order Requirements 1. Estimated Cost- The Contractor will provide an estimated cost using the established rates in the Required Rate Schedule for each task based on a scope of services provided by the CPRA Contract Manager. The estimate should include a breakdown of time, personnel, and/or equipment necessary to complete the task. 2. Estimated Time Schedules- For each assigned task the Contractor shall submit an estimated time schedule, including project initiation and completion estimates, to the CPRA Contract Manager for review and coordination with other project implementation elements. 3. Task Associated Deliverables- The Contractor shall provide to the CPRA Contract Manager the specific deliverables related to each task. 4. Plans for training personnel – The Contractor shall provide plans and any additional costs for training personnel. The deliverables listed in this section are the minimum desired from the Contractor. Every Contractor should describe what deliverables will be provided per their task order proposal and how the proposed deliverables will be provided. 2.5 References All references below are located at: https://cims.coastal.louisiana.gov/docs/RFP/2021_CPRA_Field_Data_Collection. Folse, T. M., T. E. McGinnis, L. A. Sharp, J. L. West, M. K. Hymel, J. P. Troutman, D. Weifenbach, W. M. Boshart, L. B. Rodrigue, D. C. Richardi, W. B. Wood, C. M. Miller, E. M. Robinson, A. M. Freeman, C. L. Stagg. 2020. A Standard Operating Procedures Manual for the Coastwide Reference Monitoring System-Wetlands and the System-Wide Assessment and Monitoring Program: Methods for Site Establishment, Data Collection, and Quality Assurance/Quality Control. Louisiana Coastal Protection and Restoration Authority. Baton Rouge, LA. 264 pp. Steyer, G.D., C. E. Sasser, J. M. Visser, E. M. Swensen, J. A. Nyman, and R.C. Raynie. 2003. A proposed coast-wide reference monitoring system for evaluating wetland