22.23-106 ITB.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-106

COASTAL VOLUSIA COUNTY MANATEE AERIAL SURVEYS

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for aviation services to aid in conducting up to twenty-eight (28) individual survey flights within a twelve (12) month period along the eastern coast of Volusia County, including near-shore and intracoastal waterways, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in this ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this ITB in any way, does not contain all the properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price Sheet may be considered nonresponsive at the discretion of the Procurement Manager.

Responsible Companies: The Commission shall only consider responsible companies. Responsible companies are those that have, in the sole judgment of the Commission, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The Commission may also consider references and quality to determine the responsibility of the bid. The Commission reserves the right to use any information, whether supplied through the

Bidder’s submission or otherwise obtained, in determining responsibility.

Rejection of Bids: The Commission reserves the right to reject any and all bids and to waive any minor irregularity in the submissions received in response to this ITB. The Commission reserves the right to consider all information, whether submitted or otherwise, to determine responsiveness and responsibility and to reject bids accordingly.

Name of Business: ____________________________________________________________________________________________________

Contact Person Name: _________________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________________

City: ____________________________ State: _____________________________ Zip code: ______________________________________

Phone: ___________________________ Fax: _______________________________ Email: ______________________________________

Federal Employer Identification Number: ____________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety.

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 2 of 48

CALENDAR OF EVENTS

FWC 22/23-106

SCHEDULE DUE DATE METHOD

Bid Advertised June 7, 2023 Posted on the Vendor Information Portal

(VIP)

NON-MANDATORY Pre-Bid

Conference

June 12, 2023

@ 3:00 PM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

June 13, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions June 14, 2023 Posted on the Vendor Information Portal

SEALED BIDS DUE

(REMEMBER: The bid number should be clearly marked on envelope)

Must be received

PRIOR to:

June 16, 2023

@ 3:30 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation

Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening June 16, 2023

@ 3:30 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference-

Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award June 19, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 3 of 48

GENERAL CONDITIONS

FWC 22/23-106

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the

Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A .

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 4 of 48

PROCUREMENT MANAGER

Kyle Dove kyle.dove@myfwc.com

TERM

The contract will be effective one year upon issuance of Purchase Order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract

Manager will review the extension request and if they determine it is justified, will forward to the Bid

Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

SUBCONTRACTS

Subcontracting IS NOT permitted pursuant to the Terms and Conditions of the Purchase Order.

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the

Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

NON-MANDATORY PRE-BID CONFERENCE

A non-mandatory pre-bid conference will be held via Microsoft Teams on the date and time specified in the

Calendar of Events (Page 2). The purpose of the pre-bid conference is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

PRE-BID CONFERENCE LINK

https://teams.microsoft.com/l/meetup-join/19:meeting_OTMyZjUyNDAtYzc5Zi00OGY4LWIyZDctNDM4ODk5NzVkNWNi@thread.v2/0?context

=%7B%22Tid%22:%22c4d6af73-d05b-4ade-9a39-ced76d3056c6%22,%22Oid%22:%2297a64772-5d5c-4351-b947-0b5eedad0c52%22%7D

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program https://teams.microsoft.com/l/meetup-join/19:meeting_OTMyZjUyNDAtYzc5Zi00OGY4LWIyZDctNDM4ODk5NzVkNWNi@thread.v2/0?context=%7B%22Tid%22:%22c4d6af73-d05b-4ade-9a39-ced76d3056c6%22,%22Oid%22:%2297a64772-5d5c-4351-b947-0b5eedad0c52%22%7D https://teams.microsoft.com/l/meetup-join/19:meeting_OTMyZjUyNDAtYzc5Zi00OGY4LWIyZDctNDM4ODk5NzVkNWNi@thread.v2/0?context=%7B%22Tid%22:%22c4d6af73-d05b-4ade-9a39-ced76d3056c6%22,%22Oid%22:%2297a64772-5d5c-4351-b947-0b5eedad0c52%22%7D https://teams.microsoft.com/l/meetup-join/19:meeting_OTMyZjUyNDAtYzc5Zi00OGY4LWIyZDctNDM4ODk5NzVkNWNi@thread.v2/0?context=%7B%22Tid%22:%22c4d6af73-d05b-4ade-9a39-ced76d3056c6%22,%22Oid%22:%2297a64772-5d5c-4351-b947-0b5eedad0c52%22%7D https://teams.microsoft.com/l/meetup-join/19:meeting_OTMyZjUyNDAtYzc5Zi00OGY4LWIyZDctNDM4ODk5NzVkNWNi@thread.v2/0?context=%7B%22Tid%22:%22c4d6af73-d05b-4ade-9a39-ced76d3056c6%22,%22Oid%22:%2297a64772-5d5c-4351-b947-0b5eedad0c52%22%7D

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 5 of 48

Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal

(https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section

120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information

Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Bidder’s failure to obtain the information made available through the Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the

State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

Current contact names and phone numbers shall be included with the bid package. See the attached references form for more detail.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 6 of 48

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment B) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty

(30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester.

The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the

Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

All bids shall be submitted in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160.

The envelope shall be plainly marked on the outside with: BID NUMBER, DATE AND TIME OF THE BID

OPENING.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 7 of 48

THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED.

PLEASE NOTE: The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS

RELATED TO SELECTED DELIVERY SERVICES.

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price.

If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next lowest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency

Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any

Commission required changes to the technical specifications and/or scope of service that affect the https://vendor.myfloridamarketplace.com/ http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 8 of 48 successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:

• review, verify, and approve receipt of services/deliverables from the Contractor;

• submit requests for change orders/amendments/renewals, if applicable;

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the

Certificate of Contract Completion form; and

• maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans, and reports.

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required Insurance documentation has been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment C) from the Contract Manager.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

http://www.sunbiz.org/ http://dos.myflorida.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 9 of 48

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the

Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this ITB contract, such agencies shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

The bidder is required to examine carefully the conditions and specifications of this bid and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 10 of 48

SCOPE OF WORK

FWC 22/23-106

COASTAL VOLUSIA COUNTY MANATEE AERIAL SURVEYS

PURPOSE

Marine mammal biologists from Florida Fish and Wildlife Conservation Commission (Commission) and other agencies use systematic, low-level aerial distribution surveys to determine the seasonal distribution and relative abundance of manatees. Aerial surveys are sometimes flown to document the abundance and distribution of dolphins, right whales, and sea turtles.

Surveys are typically conducted in nearshore waters around the state. Flights are usually between five (5) and six (6) hours long and are most commonly flown every two (2) weeks for one or two years. Most surveys are flown from small, four-seat, high-winged airplanes (Cessna 172 or 182) flying at a height of 225 meters

(750 feet) at a speed of 90 knots (100 miles per hour). Flight paths are parallel to the shoreline, and when manatees are sighted, the airplane circles until the researcher(s) onboard completes a count of the number of animals in each group. Right-hand turns or circles are made, when possible, as to provide the observer(s) with the greatest opportunity to view from the right side of the aircraft. All aerial data is recorded and is used as a primary source of data for manatee management planning.

1. INITIAL TERM COMPLETION DATE

Delivery of services shall be completed by the Contractor by May 30, 2024.

2. DESCRIPTION OF GOODS AND SERVICES

The Florida Fish and Wildlife Conservation Commission (Commission)is seeking competitive pricing for the conduction of manatee aerial surveys on a hourly basis. The bid submission shall include all costs associated with providing the aviation services herein. This includes the rental cost of all

Cessna 172 and 182 model aircraft (wet, including fuel) that may be used to conduct the surveys, the cost of all pilot services including pre-flighting the aircraft and mission briefing, and any other costs that might be incurred conducting the survey (e.g., extra fuel costs purchased away from home base, ramp fees, etc.). For consistency in the surveys, the awarded Contractor shall provide a single dedicated pilot and a back-up pilot to complete the work. Included in the following section is the

Commission’s estimate of total hours needed for the project. The Commission reserves the right to modify the scope of work due to unforeseeable circumstances, budgetary constraints, or changes in survey objectives.

3. WORK TO BE PERFORMED

3.1. The awarded Contractor shall conduct up to two (2) reconnaissance flights in July 2023, one (1) series of manatee distribution surveys along the eastern coast of Volusia County between July 2023 and June 2024 with surveys generally occurring twice per month (totaling twenty-four [24] surveys), and up to two (2) contingency flights through July 2024, if needed. The survey will cover coastal areas from the Flagler-Volusia County line to the Volusia-Brevard County line. Flights will start and end at a pre-determined airport in the vicinity of Volusia County (e.g., from Duval to Brevard

County). The project will require up to approximately 112-196 survey hours (approximately 4-7 hrs./aircraft/survey not including commute to/from the survey area). Pilots will be asked to fly at an altitude of about 750 feet and a speed of 80-90 knots in the general pattern of a predetermined flight path (navigating a regularly shaped path over areas of interest as noted in Figure 1. “Proposed

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 11 of 48

Aerial Flight Path”). All pilots must meet the minimum experience requirements (see section 6.

Performance). Pilots will be required to navigate around towers and other structures and to perform tight orbits when manatees are encountered. Pilots should be able to understand the general scientific mission of the survey. Pilots and aircraft may be asked to be available on short notice (two

(2) or more days) and be available for flights originating before 7:30 AM. Pilots and aircraft shall be available to reschedule within 5 business days should weather conditions impede the quality of the survey.

4. REQUIREMENTS AND DELIVERABLES

4.1. All contracted aerial surveys must be completed to the satisfaction of the Florida Fish and Wildlife

Conservation Commission staff. The following requirements must be met:

4.1.1. Contractor must use authorized and approved aircraft models only. The approved makes and models for this project are:

a. Cessna 172 wet

b. Cessna 182 wet

4.1.2. On the dates and times specified by Commission staff (all surveys, including all survey segments, must be fully completed on the date and time schedule requested).

4.1.3. By qualified pilots per the pilot qualifications below who have the ability to perform the tasks of safely and precisely navigating a predetermined flight path on a printed map, maintaining altitude and speed, and orbiting groups of manatees to facilitate counting them.

4.1.4. Up to two (2) reconnaissance flights to take place in July 2023.

4.1.5. Twenty-four (24) survey flights to take place between July 2023 and June 2024.

4.1.6. Commission staff will schedule flights every two (2) to four (4) weeks depending on the season.

4.1.7. In the event of a canceled flight (e.g., due to weather), a make-up flight is to be scheduled within one to two weeks, to maintain intermediate timing in between flights, at the discretion of the

Commission.

4.1.8. Day-of cancellation is to be agreed upon and determined as far in advance of the scheduled flight time as possible as to avoid unnecessary travel for both parties.

4.1.9. Maximum of two (2) additional contingency (make-up) flights to take place at any point within the aforementioned survey period or through July 2024, if needed.

4.1.10. Following a specific, pre-determined aerial survey flight path covering coastal areas from the

Flagler-Volusia County line to Volusia-Brevard County line, as depicted in Attachment A

(‘Expected Flight Path’).

4.1.11. Beginning and concluding at the agreed upon airport.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 12 of 48

5. FINANCIAL CONSEQUENCES

If surveys are not completed per the terms of this contract or are not completed to the satisfaction of

Commission staff, payment will be withheld until a replacement survey that is deemed satisfactory by

Commission staff is conducted by the contractor. The Commission reserves the right to terminate the contract if Commission staff feel that the Contractor does not provide adequate services.

6. PERFORMANCE

6.1. CERTIFICATIONS

6.1.1. The aircraft must be certified in the normal or utility category and the requirements of FAR 91.7 and 91.203 shall be met. Inspections and maintenance shall be in accordance with FAR Parts 43 and 91. Operations shall be conducted in accordance with the operation limitations of the aircraft airworthiness certificate.

6.2. AIRCRAFT AND PILOTS

6.2.1. The Contractor shall have available for manatee surveys:

6.2.2. Airworthy aircraft and equipment that comply with all Airworthiness Directives that is capable of transporting the pilot and two (2) surveyors.

6.2.3. Minimum of one [1] GPD-equipped Cessna 172 or 182 aircraft with collision avoidance system available on each survey day.

6.2.4. Aircraft is operable, free of damage, and in good repair. Any collision shall be within manufacturers of FAA acceptable limits. Aircraft systems and components shall be free of leaks except within limitations specified by the manufacturer. All windows and windshield must be clean and free of cracks or anything that impairs visibility. Front right window must be able to be opened, and hinge removed so that the window can open to at least a 90-degree angle to the door.

6.2.5. All aircraft shall have documented capabilities to safely carry the desired weight and physical size of all crew members, passengers, and equipment.

6.2.6. Aircraft documentation of regular inspection at least every 100 flight hours to be submitted to

Commission upon completion.

6.2.7. All seats must be equipped with shoulder restraints.

6.2.8. Stall horns in working condition.

6.2.9. Hardcopy checklists for all phases of operation for pilot’s review.

a. Portable aviation GPS for navigation. Panel mounted preferred.

b. A standard aviation headset available for each observer (maximum of two).

6.3. Pilots shall:

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 13 of 48

6.3.1. Possess a current U.S. commercial pilot certificate with ratings appropriate to the category and class aircraft to be used under the terms of the waiver.

6.3.2. Hold a current second-class medical certificate (Class II; valid for 12 months) issued under provisions of 14 CFR Part 67. Pilots over 65 must have a class one medical certificate (Class I;

valid for six months).

6.3.3. Have at least 500 hours as pilot-in-command (PIC) logged; a minimum of 100 hours in the preceding 12 months and a minimum of 10 hours in the preceding 60 days.

6.3.4. Have a minimum of 100 hours in the category and make of aircraft to be used; a minimum of 3 hours in the preceding 60 days in the make and model of aircraft to be used.

6.3.5. Have a minimum of 150 hours of instrument time.

6.3.6. Be experienced with low altitude, slow speed, circling flight and have credentials to confirm experience (e.g., proof of employment in a position in which these skills would be utilized on a regular basis such as flight instructing or aerial photography).

6.3.7. Disclose any accident in which pilot (operating as PIC) was involved.

6.3.8. Be responsible for operating the aircraft within its operating limits and the safety of the aircraft, its occupants and cargo.

6.3.9. Comply with the directions of Commission staff, except when in the pilots’ judgement compliance will be a violation of applicable federal or state regulations or agreement provisions or when the request would result in unsafe operations.

6.3.10. Refuse any flight or landing which is considered hazardous or unsafe.

6.3.11. Be responsible for computing the weight and balance for all flights and for assuring that the gross weight and center of gravity do not exceed the aircraft’s limitations and are appropriate for the type of maneuvering required for the mission. Pilot may be required to provide weight and balance calculations to the observers.

6.3.12. Be responsible for performing a passenger safety briefing which will include briefing all passengers on the hazards to the flight, weather considerations, emergency procedures and how to evacuate the aircraft in the event of an emergency.

6.3.13. Complete all preflight planning including a thorough weather, NOTAM (Notice to Airmen), MTR

(Military Training Route) and TFR (Temporary Flight Restriction) briefing.

6.3.14. Be responsible for having the appropriate maps and communication plans (e.g., frequencies or phone numbers needed). Be responsible for coordinating all airspace requirements for the scheduled survey area (e.g., operating over or near power plants, military bases, airports).

6.3.15. Be responsible for the proper loading and securing of all internal or external cargo.

6.3.16. Be willing to take a check ride, including flying a portion of the survey route, with a Commission approved pilot if needed.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 14 of 48

6.4. Other stipulations:

6.4.1. Pilot(s) may be asked to meet with Commission prior to the scheduled flights to discuss the mission.

6.4.2. Commission reserves the right to refuse the service of any pilot who does not meet the aforementioned requirements, or who does not perform in a satisfactory manner.

6.5. Mandatory Documentation Submittals:

6.5.1. It is mandatory to submit and clearly label the following documentation with this bid submission.

Failure to submit this information may result in the Vendor being deemed non-responsive.

6.5.2. List of all employed pilots that may be used to fulfill the contracted mission.

6.5.3. FAA airman details report for all pilots used to fulfill the contracted mission. Website is available online at https://amsrvs.registry.faa.gov/airmeninquiry/

6.5.4. FAA aircraft registration/certificate for all aircraft used to fulfill the contracted mission.

6.5.5. Certificate of insurance listing FWC as the certificate holder. There may be a cost to the contractor to have this done.

6.5.6. Maintenance records/inspection logs documenting the most current Aircraft Annual Inspection, Transponder Certification, Static/Vacuum System Certification, and any other maintenance requirements, i.e. 50/100-hour inspections as required by the aircraft manufacture or required by the Federal Aviation Regulations (FAR) for all aircraft used to fulfill the contracted mission.

6.5.7. Location where aircraft is housed for all aircraft used to fulfill the contracted mission.

7. COMPENSATION AND PAYMENT

7.1. COMPENSATION

Commission will be billed for hours flown (based on the aircraft Hobbs meter) at the awarded hourly rate. Pilots will be expected to confirm the Hobbs reading with Commission staff at the start and end of the survey. Commission will be billed only when Commission staff are aboard the aircraft

(unless approved by the Commission staff in charge). Commission shall not be billed for flight hours associated with aircraft relocation or maintenance.

7.2. INVOICE SCHEDULE

Commission agrees to pay the Contractor on a cost reimbursement basis at the awarded hourly rate for flight services provided under this Contract as described in the Scope of Work (SOW).

Compensation for flights will be calculated by using the hourly flight-cost rates approved by

Commission’s Project Manager multiplied by the hours flown. The Commission shall not provide advance payment except as provided below. The Contractor will be paid upon receipt and approval by the Commission’s Project Manager of the invoice, a certification from the Commission Project

Manager that the payment is due in accordance with this Contract, and other documentation required by this Contract or the Commission Project Manager, including but not limited to any https://amsrvs.registry.faa.gov/airmeninquiry/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 15 of 48 invoices, receipts, or other evidence of expenditures by the Contractor related to this Contract.

Invoices shall be submitted no more than once a week throughout the term of this Contract. The invoice and other documents submitted with the payment request by the Contractor shall contain detail sufficient for a proper pre-audit and post-audit thereof. The Contractor’s FEID must appear on the invoice. Failure to submit completed invoices, receipts, or other evidence of expenditures and any documentation required by the Commission Project Manager shall result in denial of payment or, if payment has been made, reimbursement by the Contractor of the amount paid by Commission related to the expenditures for which the Contractor has not provided sufficient documentation. The determination of what constitutes sufficient documentation shall be made at the sole discretion of the Commission Project Manager. Failure to comply with these guidelines shall be grounds for termination of this Contract.

The compensation herein recited is exclusive. Travel and incidental expenses are included in the fixed price amount above, and no additional travel or incidental expenses shall be compensated.

7.3. TRAVEL EXPENSES

Travel expenses shall be reimbursed in accordance with s. 112.061, F.S. Travel may be reimbursed if pilots are required, as part of the duties detailed in this SOW, to overnight at an airport other than the base of operations listed in the SOW. Travel expenses will be invoiced separately from flight hours and paid in arrears.

8. INSURANCE

8.1. Worker’s Compensation: The Contractor will either be self-insured for Worker’s Compensation

Claims or will secure and maintain during the life of this Agreement, Worker’s Compensation

Insurance, with limits not less than $1,000,000 per employee per accident, for all of its employees connected with the work of this project to the extent required by law. The Contractor shall require its subcontractors similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor.

8.2. Liability: The Contractor warrants and represents that has obtained and shall keep current liability insurance with liability limits appropriate for any risks associated with the Contractor’s business and performance of this Contract; and that such insurance offers protection applicable to the

Contractor’s officers, employees, servants, and agents while acting within the scope of their employment with the Contractor. The Contractor shall at the request of the Commission obtain a certificate from its insurer indicating the Commission as additional insureds under the Contractor’s insurance policy.

8.2.1. Aviation Liability:

a. Bodily injury and property damage for aircraft owned, leased, hired and non-owned, which are used to perform the Services

b. At least $2,000,000 per occurrence combined single limit aircraft liability, subject to $250,000 passenger sub-limit

c. At least $15,000,000 excess aircraft liability insurance, excluding occupants

d. For passengers:

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 16 of 48

i. At least $250,000 bodily injury per passenger

ii. At least $10,000 medical expenses per person, subject to $100,000 aggregate

8.2.2. Commercial General Liability:

a. At least $2,000,000 products/completed operations aggregate

b. At least $2,000,000 general aggregate

c. Bodily injury and property damage coverage includes bodily injury and/or property damage resulting from the drift of applies chemicals

d. At least $10,000,000 per occurrence

8.2.3. Auto Insurance:

a. Automobile liability insurance covering all owned and non-owned vehicles used in performing the work, with a liability limit of at least $1,000,000 per occurrence

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 17 of 48

FIGURES/IMAGES/MAPS/TABLES

FIGURE 1.

Proposed Aerial Flight Path. Proposed aerial survey flight path for Coastal Volusia County manatee distribution surveys.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 18 of 48

PRICE SHEET

FWC 22/23-106

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL PRICE.

PURSUANT TO SECTIONS 287.057(1)(a)1. AND 287.057(1)(a)2., F.S., EACH CONTRACTOR SHALL

SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE RENEWED (SEE RENEWAL

CLAUSE).

TOTAL BID PRICE: $_____________________per hour

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH

THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY

AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF FREEDOM OF COMPETITION.

Contractor: _______________________________

Address: _________________________________

Signed: ___________________________________

Print Name: ______________________________

Title: ____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

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REFERENCES

FWC 22/23-106

A minimum of three (3) references from persons or firms for whom the bidder has performed similar jobs as per the specifications in this bid must be supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 20 of 48

NAME OF COMPANY: ___________________________________________________________________________

CONTACT PERSON: _____________________________________________________________________________

ADDRESS: ______________________________________________________________________________________

CITY/STATE/ZIP: ________________________________________________________________________________

TELEPHONE NUMBER: ________________________ EMAIL ADDRESS: _____________________________

JOB DATE: _____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): ______________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-106, Page 21 of 48

ATTACHMENT A

FWC 22/23-106

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: March 18, 2023

Section 1. PURCHASE ORDER.

A. Composition and Priority.

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract

Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term.

Unless otherwise specified, the Purchase Order begins on the date of issuance.