NORTH CAROLINA GENERAL ASSEMBLY Study of the feasibility of increasing the production, processing, and marketing of aquaculture products in North Carolina REQUEST FOR PROPOSALS January 5, 2009 Proposals subject to the conditions made a part hereof will be received until 5:00 p.m. EST February 6, 2009 for furnishing services described herein. Send all proposals to the following: Jeff Hudson Research Division General Assembly of North Carolina Room 545 Legislative Office Building 300 N. Salisbury St. Raleigh, NC, 27603 Phone: 919-733-2578 Email: jeffreyh@ncleg.net Questions about the RFP should be sent by email to Mr. Hudson NOTE: Indicate firm name on the front of each sealed proposal envelope or package.
Introduction The Joint Legislative Commission on Seafood and Aquaculture (Commission) is a permanent joint commission of the North Carolina General Assembly. The Commission is charged with oversight of the production, processing, and marketing of seafood in North Carolina. S.L. 2008-181, Part XI, (See Appendix A), authorizes the Commission to study the feasibility of increasing the production, processing, and marketing of aquaculture products in North Carolina. For purposes of this study, aquaculture includes both mariculture (saltwater aquaculture) and freshwater aquaculture. The Commission is seeking a consultant to assist with the conduct this study. Pursuant to the study, the consultant shall: Evaluate and quantify the current and potential economic impact of the aquaculture industry in the State. Evaluate and describe the current and potential environmental impacts of the aquaculture industry in the State. Recommend any regulatory changes that may be necessary to increase the production, processing, and marketing of aquaculture products in the State. Evaluate and describe any programs or initiatives to promote the production, processing, and marketing of aquaculture products in other states. Recommend how the State-funded shellfish hatchery could contribute to increasing the production, processing, and marketing of aquaculture products in North Carolina. Recommend levels of funding necessary to increase the production, processing, and marketing of aquaculture products in the State. The Commission issued an initial Request for Proposals (RFP) for this study on October 21, 2008. For various reasons, the Cochairs of the Commission decided to not award a contract under the initial RFP. The Cochairs also decided to issue this subsequent RFP, which contains a longer study time frame than the initial RFP.
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Qualifications Potential vendors submitting proposals must demonstrate their familiarity with the aquaculture industry of the State and their ability to conduct the economic, environmental, and policy analysis necessary to carry out the study. The consultant must demonstrate an ability to produce clear, well-written reports by providing examples of completed projects.
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Project Timeframe The schedule is listed below: Activity RFP Distributed Proposals from Vendors Due Award Contract Sign Contract/Begin Work Interim Report Final Report Required Contents for Proposal The response to this request for proposals shall consist of the following sections: I. Technical Proposal a) Executive Summary The executive summary shall consist of a brief summary of the contents of the proposal. b) Corporate Background and Experience This section shall include: 1) Background information on the organization and details of experiences with similar projects. 2) A list of at least three references, including contacts and telephone numbers, for whom similar work has been performed. 3) Samples of work products. c) Financial Statement The vendor’s most recent financial statement or similar evidence of financial stability. d) Project Staffing and Organization This section shall include: 1) Proposed staffing, deployment and organization of personnel to be assigned to this project. 2) The vendor shall include resumes of key personnel who will actually be assigned to the project, describing experience with similar projects and the responsibilities to be assigned to each person. 3) How the study will be planned, organized, and conducted. e) Approach to Study This section shall include, in narrative, outline or graph form, the vendor's approach to accomplishing the tasks outlined in the project description section of this RFP. A description of each task and the schedule for accomplishing each shall be included. II. Cost Proposal a) Personnel costs (including hourly rates and total hours) b) Travel and subsistence expenses Date January 5, 2009 February 6, 2009 March 6, 2009 March 13, 2009 September 4, 2009 December 4, 2009
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c) Office space, telephone, and other support needs, if any, anticipated from the General Assembly d) Subvendor costs, if any e) Other costs f) Total cost for completing the project g) Rates for additional analyses requested during the project period Proposal Submittal Process a) Two original and 10 copies of the proposal plus electronic copy, PDF preferred. b) Each original shall be signed and dated by an official authorized to bind the vendor. Vendor Selection Process The selection of the vendor will be determined by a “Best Value” methodology, with key factors to be considered to include experience of the vendor and its consultants with related projects and price.
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General Conditions Related to Submittal of Proposals Right to Reject The Commission reserves the unqualified right to reject any and all proposals when such rejection is deemed to be in the best interest of the State of North Carolina. Right to Accept Part of Proposal, Negotiate Content and Cost The Commission reserves the right to accept part of any proposal, and to divide any proposal into parts deliverable in stages over an extended time period. The Commission reserves the right to negotiate and alter the content, form, schedule, and deliverables of any proposal or portion of a proposal accepted. The Commission reserves the right to negotiate the cost of any proposal or portion of a proposal accepted. Time for Acceptance Each proposal shall state that it is a firm offer that may be accepted within a period of 30 days from the date of submission. Unsolicited Proposal Changes Any unsolicited change to a proposal that is received after the closing date of this RFP will be rejected. Responsibility to Make Timely Submission The vendor is responsible for assuring the timely delivery of a proposal. Late proposals will be rejected without review. Cost for Proposal Preparation Any costs incurred by vendors in preparing or submitting offers are the vendor’s sole responsibility; the Commission will not reimburse any vendor for any costs incurred prior to award. Elaborate Proposals Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired. Vendors are encouraged to limit proposals to approximately 10 pages or less (not including examples of work products). Oral Explanations The Commission shall not be bound by oral explanations or instructions given at any time during the competitive process or after award.
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Confidentiality of Proposals In submitting its proposal the vendor agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the Commission or its Legislative Services Office staff until after the award of the contract. Form of Proposal Proposals shall be submitted in a form that, in the opinion of the Commission, may be incorporated verbatim into a contract. Exception to Terms Any exception, interpretation, or suggestion for clarification by the vendor to any of the terms and conditions of this RFP must be clearly stated by the vendor. Competitive Offer Pursuant to the provision of G.S. 143-54, and under penalty of perjury, the signer of any proposal submitted in response to this RFP thereby certifies that this proposal has not been arrived at collusively or otherwise in violation of either Federal or North Carolina antitrust laws. Right to Submitted Materials All responses, inquiries, and correspondence relating to or in reference to this RFP shall become the property of the State of North Carolina when received. Vendor’s Representative Each vendor shall submit with its proposal the name, address, telephone number, and email address of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the vendor’s proposal. Proprietary Information All vendors’ information submitted in the proposal has the potential to become public information. Vendors are cautioned that any proprietary information contained in the proposal may not be protected as confidential and should not be submitted in response to this RFP. Historically Underutilized Businesses Pursuant to G.S. 143-48, the North Carolina General Assembly invites and encourages the participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises, and non-profit work centers for the blind and severely disabled.
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Terms and Conditions of Resulting Contract The following are terms and conditions that will be included in the contract for conducting the project. Other terms and conditions may be added prior to the signing of the contract. 1. Vendor The contract is between the Commission (subject to the approval of the Legislative Services Commission) and the selected vendor (hereinafter referred to as “Vendor”). 2. Contract Period and Schedule The Vendor agrees that time is of the essence in the completion of this contract. The terms of this contract shall begin at its signing and shall terminate on March 20, 2009, or upon the filing of the final report, whichever occurs first, unless extended or terminated as provided herein. The Vendor agrees to the following reporting schedule: Interim Report: Final Report: September 4, 2009 December 4, 2009
3. Contract Administrator Jeff W. Hudson, Commission Counsel, is designated as the Contract Administrator for the Commission. The contract administrator shall be responsible for ensuring that the Vendor complies with the terms, conditions, and performance specifications set forth in this contract, and an evaluation of the performance of the Vendor. The Commission has complete discretion in replacing the contract administrator with another person of its own choosing. The Commission shall notify the Vendor of any replacement of the contract administrator. 4. Availability of Funds The payment of compensation specified in this contract, its continuation, or any renewal or extension thereof, is dependent upon and subject to the allocation or appropriation of funds to the Commission for the purposes set forth in this contract. 5. Additional Contract Expenses The contract for the project is not a time and materials contract. Any expenses of the Vendor in addition to those contracted for are the sole responsibility of the Vendor. 6. Independent Contractor The Vendor shall be considered to be an independent contractor and shall be wholly responsible for the work to be performed and for the supervision of its employees. The Vendor shall hold and save the Commission harmless from any and all claims, demands, or causes of action that may be asserted due to the production activity of the Vendor under this contract. The Vendor represents that it has, or will secure at its
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own expense, all personnel required in performing the services under this contract. These employees shall not be employees of, or have any individual contractual relationship with the Commission or the Legislative Services Commission. 7. Key Personnel The Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval of the Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Vendor's proposal. 8. Subcontracting Work proposed to be performed under this contract by the Vendor or its employees shall not be subcontracted without prior written approval of the Contract Administrator. 9. Confidentiality The Vendor agrees to protect the confidentiality of any files, data, or other materials provided by the Commission and to restrict their use to the purpose of performing the contract. The Vendor shall comply with the provisions of Article 17 of Chapter 120 of the General Statutes of North Carolina regarding confidentiality between the Vendor and members of the General Assembly. Employees of the Vendor, and for purposes of this contract, any subcontractors for this study, shall be considered "legislative employees" as defined in G.S. 120-129. 10. Care of Property The Vendor agrees to be responsible for the proper custody and care of any files or other property furnished by the Commission. The Vendor shall take all steps necessary to safeguard any property, including data, files, reports, or other information from loss, destruction, or erasure. Any costs or replacement expenses, or damages resulting from the loss shall be borne by the Vendor when the loss occurred through its negligence. 11. Copyright No deliverable items produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Vendor or any employee of the Vendor. 12. Advertising The Vendor agrees not to use the existence or results of the contract, or the products produced pursuant to the contract as a part of any news release or commercial advertising without the prior written approval of the Contract Administrator. 13. Access to Persons and Records; Public Records The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with
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G.S. 147-64.7. The Vendor shall retain all records for a period of three years following completion of the contract. 14. Transfer or Assignment This contract shall not be transferred or assigned to a third party. 15. Termination and Default a. Mutual termination. -- Upon mutual written agreement of the Commission and the Vendor, the contract may be terminated at any time. b. Commission Termination. -- The Commission has the right to terminate the contract at its discretion with 10 days written notice. In the event of termination under this subparagraph, the Vendor will be paid or reimbursed an amount commensurate with work completed or expenses incurred. In the event that the Vendor has received funds in excess of the amount commensurate with work completed or expenses incurred, the Vendor shall repay the excess funds to the Commission. c. Vendor failure to perform. -- If, for any reason, the Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the Commission shall thereupon have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the Commission, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on these items. The Vendor shall not be relieved of liability to the Commission for damages sustained by the Commission by virtue of any breach of this contract, and the Commission may withhold any payment due the Vendor for the purpose of setoff until a time that the exact amount of damages due the Commission from the breach can be determined. In case of default by the Vendor, the Commission may procure the services to which it is entitled under this contract from other sources and hold the Vendor responsible for any cost occasioned thereby. d. Liability of the Vendor. -- In the case of termination or default, the total liability of the Vendor shall not exceed the total contract amount. e. Acts of God, etc. -- No party to this contract shall be deemed to be in default of any obligation hereunder if and so long as it is prevented from performing the obligation by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado or other catastrophic natural event or act of God. 16. General Indemnity The Vendor shall hold and save the State of North Carolina, its officers, agents, and employees harmless from liability of any kind, including liability from all claims and losses accruing to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the
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Vendor if the Vendor is notified in writing that the State has knowledge of a claim within 30 days after the State acquires actual knowledge of the claim. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of the services of the Vendor to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 17. Bankruptcy Upon the filing for bankruptcy or insolvency by or against the Vendor, the Commission may terminate the contract, and the provisions of the paragraph entitled “Termination and Default” shall apply. 18. Compliance with Laws The Vendor shall comply with all laws, ordinances, codes, rules, regulations and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction or authority. 19. Applicability of State Ethics Laws Any Vendor personnel who perform services under this contract are subject to all applicable provisions of Chapter 138A of the General Statutes, including but not limited to the prohibition on the acceptance of specified gifts from lobbyists and lobbyist's principals, the required reporting of authorized gifts from lobbyists and lobbyist's principals, identification and reporting of names of assigned personnel, and required ethics training. 20. Equal Opportunity Statement The nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, age or national origin, and the rules and regulations prescribed by the United States Secretary of Labor, are incorporated herein by reference. The program for Employment of the Handicapped (Affirmative Action) Regulations issued by the Secretary of Labor of the United States in Title 20, Part 741, Chapter VI, Subchapter “C” of the Code of Federal Regulations, pursuant to the provisions of Executive Order 11758 and Section 503 of the Federal Rehabilitation Act of 1973, are incorporated herein by reference. 21. Workers Compensation Insurance The Vendor shall obtain, pay for, and keep in force, for the duration of the contract, worker’s compensation insurance, as required by the laws of North Carolina, covering all employees of the Vendor engaged in any work pursuant to this contract performed in the State. 22. Amendment a. This contract may be amended only by written agreement duly executed by the Commission and the Vendor and approved by the Legislative Services Commission.
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b. In the event that the General Assembly extends any of the times set out in or otherwise modifies the provisions of S.L. 2008-181, Part XI, Appendix A, or enacts any other provision of law related to the production, processing, and marketing of aquaculture products in North Carolina, the parties to this contract shall negotiate in good faith and use their best efforts to amend this contract in accordance with any such extension, modification, or enactment. 23. Entire contract This contract, including any documents or exhibits specifically incorporated by reference, represents the entire contract between the parties and supersedes all prior oral or written statements or contracts. 24. Governing Law This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 25. Situs The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to is validity, construction, interpretation, or enforcement, shall be determined. 26. Applicability of terms All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitations.
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APPENDIX A.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2008-181 HOUSE BILL 2431 AN ACT TO PROVIDE FOR STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION, STATUTORY OVERSIGHT COMMITTEES AND COMMISSIONS, AND OTHER AGENCIES, COMMITTEES, AND COMMISSIONS. The General Assembly of North Carolina enacts: PART I. TITLE SECTION 1. This act shall be known as "The Studies Act of 2008."
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PART XI. JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE STUDIES SECTION 11.1. The Joint Legislative Commission on Seafood and Aquaculture may study the topics listed in this Part and report its findings, together with any recommended legislation, to the 2009 Regular Session of the General Assembly upon its convening. SECTION 11.2. The Commission may study the feasibility of increasing the production, processing, and marketing of aquaculture products in the State. The study shall include an analysis of: (1) The current and potential economic impact of the aquaculture industry in the State. (2) The current and potential environmental impacts of the aquaculture industry in the State. (3) Regulatory changes that may be necessary to increase the production, processing, and marketing of aquaculture products in the State. (4) Programs to promote the production, processing, and marketing of aquaculture products in other states. (5) The desirability of establishing a State-funded shellfish hatchery. (6) Funding necessary to increase the production, processing, and marketing of aquaculture products in the State.
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In the General Assembly read three times and ratified this the 18th day of July, 2008. s/ Marc Basnight President Pro Tempore of the Senate s/ Joe Hackney Speaker of the House of Representatives s/ Michael F. Easley Governor Approved 3:09 p.m. this 4th day of August, 2008
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