FWC 21.22-119 - Final RFP.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 21/22-119

MULTI-AREA CULTURAL RESOURCE ASSESSMENTS

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for the completion of multi-area (Wildlife Management Areas and Wildlife Environmental Areas) cultural surveys and generation of reports for each area, per the specifications contained herein. Only responsive and responsible Respondents will be considered for award of this

RFP.

Responsive: To be responsive, a response must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of this RFP. 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 RFP and which, for reasons of policy, must be complied with at risk of response rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this RFP in any way, does not contain all the properly signed forms, supplements or deviates from the RFP requirements or has an incomplete Cost Sheet may be considered nonresponsive at the discretion of 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 Respondent. The Commission reserves the right to use any information, whether supplied through the Respondent’s submission or otherwise obtained, in determining responsibility.

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

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: ___________________

I certify that this RFP response is submitted without prior understanding, agreement, or connection with any corporation, fir m, or person submitting a response for the same professional services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to sign this acknowledgement for the Respondent.

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Date: _______________________________________

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 2 of 49

CALENDAR OF EVENTS

FWC 21/22-119

SCHEDULE DUE DATE METHOD

RFP Advertised August 8, 2022 Posted on the Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/mainmenu

Deadline for Questions

Must be received PRIOR to:

August 18, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions

August 24, 2022 Posted on the Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/mainmenu

SEALED RESPONSE DUE

(REMEMBER: RFP number should be clearly marked on envelope)

Must be received

PRIOR to:

September 7, 2022

@ 2:00 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 Response Opening September 7, 2022

@ 2:00 PM ET

Public Opening Location:

1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number: 1.888.585.9008

Conference room number: 218-721-199

Evaluation Period

From September 14, 2022 to September 28, 2022

Florida Fish & Wildlife Conservation

Commission

Anticipated Date of Intended

Award October 5, 2022

Posted on the Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/mainmenu http://vbs.dms.state.fl.us/vbs/main_menu

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 3 of 49

GENERAL CONDITIONS

FWC 21/22-119

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 Respondent submitting a response shall be registered in the MyFloridaMarketPlace (MFMP) system and, where required, the Sunbiz system prior to the RFP 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 Respondent may not be considered for an award if not registered in the MFMP and Sunbiz system. The Respondent’s registration address and federal employer identification (FEID) number should match the Respondent’s address and

FEID number listed on the Respondent 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.

Response from Respondent shall include all necessary equipment to complete the job. The Respondent is required to supply all specified documentation when submitting a response 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 Respondent or Contractor, including any appearing in documents attached as part of a Respondent’s response. In signing and submitting its response, a Respondent 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 response, shall be grounds for rejecting a response.

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

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 4 of 49

PROCUREMENT MANAGER

Ruth Heggen

Ruth.Heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $900,000.00.

TERM

The contract will be effective for five (5) years from the date of Award.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor may request in writing an extension of Completion Date. 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.

DEADLINE FOR QUESTIONS

Any questions from Respondents that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager identified below. 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 Respondent to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Bid System (VBS)

(http://vbs.dms.state.fl.us/vbs/main_menu).

LIMITATION ON RESPONDENT CONTACT DURING SOLICITATION PERIOD

Respondents 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 agency posting the notice of intended award, (note 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.

VERBAL INSTRUCTION PROCEDURE

Respondents may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Respondent as a result of any discussion with any 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.

RESPONDENT SPECIFICATION INQUIRIES

If the specifications of this Request for Proposal (RFP) could restrict potential Respondent competition, the Respondent has 72 hours within which to request to the Commission that the specification(s) be changed.

The Procurement Manager must receive the written request within 72 hours after the posting date of the

RFP.

mailto:bidrequest@myfwc.com?subject=Extension%20Request http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 5 of 49

Requested changes to the Commission’s specifications shall include the Respondent’s concerns regarding restricting competition, provide detailed justification, and provide recommended changes to the specification(s). A Respondent’s failure to request changes by the prescribed date and time shall be considered to constitute the Respondent’s acceptance of the Commission’s specifications.

The Commission shall determine what change(s) to the RFP is acceptable to the Commission. If accepted, the Commission shall issue an addendum reflecting the change(s) to the RFP, which shall be posted to the

Vendor Bid Advertisement System (http://vbs.dms.state.fl.us/vbs/main_menu).

It is up to the Respondent to ensure that everything is included as required by the Commission’s Purchasing

Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Response packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488-

6551. Please have solicitation number and Respondent information available when requesting any information.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Respondent questions during the solicitation period, an addendum shall be posted on the Vendor Bid System website. Each Respondent is responsible for monitoring the Vendor Bid System website (http://vbs.dms.state.fl.us/vbs/main_menu) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Respondent’s failure to obtain the information made available through the Vendor Bid System.

ECONOMY OF PRESENTATION

Each response shall be prepared simply and economically, providing a straightforward, concise delineation of Respondent’s capabilities to satisfy the requirements of this RFP. Elaborate binding, colored displays, and promotional materials are not required. However, examples of services provided may be included as attachments to the response. Emphasis in each response must be on completeness and clarity of content.

To expedite the evaluation of responses, it is essential that Respondents follow the format and instructions contained herein. All costs associated with preparing a response to this RFP is the sole responsibility of the

Respondent.

RESPONDENT ACKNOWLEDGMENT

For this response to be considered responsive, the Respondent Acknowledgement Form (page 1) must be completed in its entirety, signed by the Respondent and returned as part of the response. Otherwise the response will be deemed non-responsive. By affixing your signature to the Respondent Acknowledgement Form, the Respondent hereby states that the Respondent has read all response 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 Respondent will provide the Commission under these response specifications.

MANDATORY RESPONSIVENESS REQUIREMENTS FOR RESPONSE SUBMISSION

Response submission should be organized as follows:

TAB A. Respondent Acknowledgment Form (Mandatory)

The Respondent shall complete and submit the Respondent Acknowledgment Form (page 1) in its entirety and return the form as part of the RFP response or the response shall be deemed non-responsive.

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 6 of 49

TAB B. References (Mandatory) — Attachment B

The Respondent shall complete and submit the References form enclosed herein, to provide a minimum of three (3) references for similar projects completed. Current contact names, phone numbers and email addresses shall be given. This information shall be provided on the Reference Form, enclosed herein, and submitted with the response. The References form shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive.

TAB C. Experience (Mandatory) — Attachment C

The Respondent shall complete and submit the Experience form, enclosed herein, which should include a chronological list of Respondent experience, a description of the services provided for each operation, and duration of each project. The Experience form shall be completed in its entirety, and returned, as part of the RFP response or the response shall be deemed non-responsive.

TAB D. Technical Understanding (Mandatory)

This section shall describe the Respondent’s understanding of the services sought under this solicitation with emphasis on those items deemed important in order to successfully complete the services specified below in the Scope of Work.

TAB E. Project Approach (Mandatory)

This section shall describe the Respondent’s strategy and methods that will be used in the performance of services as outlined in the Scope of Work of this solicitation, as well as a schedule for completion of the tasks necessary to complete this work.

TAB F. Qualifications (Mandatory)

This section shall identify the personnel proposed for this project and present their qualifications, including experience in cultural resource surveys and their availability to provide services for this project. An appendix of resumes should support this section. The Respondent shall demonstrate that they have adequate personnel available to meet the demands of this project.

This section shall also provide evidence that the Respondent has the facilities and equipment necessary to complete the project, including field and laboratory equipment. Provide or demonstrate access to adequate facilities necessary for the proper treatment, analysis, and storage of specimens and documents recovered from and/or related to the project, including the curation of material. The

Respondent shall show proficiency in communication skills in presentation of the cultural resource survey findings. The Respondent shall indicate the ability to acquire any necessary permits.

TAB G. Cost Sheet (Mandatory) — Attachment D

The Respondent shall provide a lump sum price for each item on the Cost Sheet provided as Attachment D. The prices must include all things necessary to complete the project as described in this solicitation and the Respondent’s response hereto. The Cost Sheet shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive.

TAB H. Addendum (if applicable)

CONFIDENTIALITY/PUBLIC RECORDS LAW

Respondents are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records (e.g., section 119.07, F.S.). If a Respondent considers any portion of the documents, data or records submitted in their Response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 7 of 49

Constitution or other authority, the Respondent must mark the document as “Confidential.” The Respondent shall also provide the Commission with a separate PDF redacted copy of its Response and briefly describe in writing the grounds and specific legal citations for claiming exemption from public records law. This redacted copy shall contain the Commission’s solicitation name, number and the

Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret or otherwise not subject to public disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority. If after the notice of intended decision or thirty (30) days after response opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide the Redacted Copy to the requestor. If the Respondent fails to properly indicate any material enclosed in their Response is confidential, the Commission is authorized to produce documents, data or records in their entirety as submitted to the Commission in answer to a public records request. The

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

The Contractor shall submit one (1) original and three (3) separate electronic copies (on flash drive) of their response in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission Attn: Purchasing

1875 Orange Avenue East

Tallahassee, Florida 32301

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

OF THE RESPONSE OPENING.

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 .

SOLICIATION PUBLIC OPENING

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

Events (Page 2) . RESPONSES 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 response documents or the attendance at any related meeting or response 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.

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 8 of 49

SELECTION AND EVALUATION OF RESPONSES

An evaluation committee consisting of three (3) Commission representatives with collective knowledge and experience related to the solicitation’s program area will independently evaluate and score each

Respondent’s response. The Evaluation Criteria Scoring Sheet (Attachment E) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.

Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score. Respondents must score at least 70 points per work type to be considered for award.

GENERAL EVALUATION CRITERIA

General evaluation criteria include the following:

1. The Commission reserves the right to accept or reject any or all responses received and reserves the right to make an award without further discussion of the responses submitted. Therefore, responses should be initially submitted as outlined in the Mandatory Responsiveness Requirements for

Response Submission and Economy of Presentation sections.

2. Non-responsive responses shall include, but are not limited to, those that:

a. are irregular or are not in conformance with the requirements and instructions contained herein;

b. fail to utilize or complete prescribed forms; or

c. have improper or undated signatures.

3. The Commission may waive minor irregularities in the responses received that are merely a matter of form and not substance, and the corrections of which are not prejudicial to other respondents.

A NON-RESPONSIVE RESPONSE WILL NOT BE CONSIDERED.

EVALUATION SCORING FACTORS

Scoring criteria include:

The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Respondent responses.

EVALUATION FACTOR MAXIMUM POINTS AVAILABLE

Experience 20

Technical Understanding of the Project 20

Project Approach 20

Qualifications 20

Cost 20

TOTAL: 100

Points will be awarded on the basis of the following evaluation factors:

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 9 of 49

1. Experience (20 points) The list of past projects will be evaluated based upon scope of the projects and relevance to this

RFP.

2. Technical Understanding of the Project (20 points) Technical Understanding evaluated based on Respondent’s presentation of their understanding of the Scope of Work.

3. Project Approach (20 points) Project Approach will be evaluated based on the Respondent’s proposed methodology and approach to completing the project.

4. Qualifications (20 points) Qualifications will be evaluated based on the Respondent’s presentation of experience and availability of proposed personnel and the submitted resumes as they relate to the needs of this solicitation.

5. Cost (20 points)

The evaluation of each Respondent’s cost proposal will be conducted based on the cost formula below.

The Respondent submitting the lowest cost will receive the maximum points for the cost element of the evaluation. The other respondent's scores will be based on a relative percentage of the dollar amount higher than the lowest cost or price submitted by the lowest priced Respondent.

Formula for Cost Factor:

𝐴 ÷𝑁 × (𝐵) = 𝐶

A = Lowest total proposed cost (including renewals)

N = Proposed cost for Respondent under review

B = Number of maximum points awarded for lowest response

C = Score awarded to next lowest cost

NOTE: Each evaluator independently chooses the score based on their own judgment. Failure of the Respondent to provide any of the information required in their RFP response should result in a score of zero (0) for that element of the evaluation.

POSTING OF RESPONSE TABULATION

Response Tabulation, with recommended award, will be posted electronically as Agency Decisions on the

Department of Management Services Vendor Bid System as a Public Notice. The Agency Decision may be viewed at http://vbs.dms.state.fl.us/vbs/main_menu, 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), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Awarded Respondents 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.

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 10 of 49

Sealed responses, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1) and Section 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 responses, proposals, or final replies, whichever is earlier.

CONTRACT

The successful Respondent’s response and the Purchase Order shall form the contract between the parties.

In the event there is any disagreement between the documents, the parties shall refer first to the Request for Proposal then to Contractor’s response. The Commission reserves the right to revise the Purchase Order as necessary to meet the requirements of this RFP.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful Contractor thirty (30) days in advance of any Commission required changes to the technical specifications and/or scope of service that affect the successful Contractor’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 (e.g., renewal letters, vendor name change letter).

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.

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion has occurred.

Upon satisfactory completion of the work, the Contractor shall send the Contract Manager a notarized

Certificate of Contract Completion (Attachment F) and the contract shall be deemed completed upon the issuance date of such Certificate.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 11 of 49 that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

Permitting for this project, if needed, is the responsibility of the Contractor. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this RFP is specifically limited to the Contractor’s response price accepted by the Commission, and to the specific procedure for payment established in this

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, F.A.C., and Section 287.042(16) F.S., other State of Florida agencies may purchase from the resulting contract of this RFP, 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 RFP 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 Respondent is required to examine carefully the conditions and specifications of this RFP and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 12 of 49

SCOPE OF WORK

FWC 21/22-119

MULTI-AREA CULTURAL RESOURCE ASSESSMENTS

PURPOSE

The intent of this RFP is to obtain competitive proposals for the services of a qualified cultural resource/archeological consulting firm to conduct a multi-area (Wildlife Management Areas/Wildlife Environmental Areas) survey and generate a report for each area per the specifications contained herein.

Only responsive and responsible Contractors will be considered for award of this RFP.

The Fish and Wildlife Conservation Commission (FWC) is designated by the state of Florida as the lead managing agency for Apalachicola River, Janet Butterfield Brooks, Watermelon Pond, Crooked Lake, and

Bell Ridge Wildlife and Environmental Areas (WEA) and Chassahowitzka, Orange Hammock, Dinner Island, Herky Huffman/Bull Creek, and Three Lakes Wildlife Management Areas (WMA). As per the requirements of Florida Statutes and Rules 18-2.018, 18-2.021, 253.034(5), and 259.032(10), the Commission wishes to:

1. Obtain information for interpreting and protecting cultural resources on their lead properties.

2. Develop predictive site models for each WMA/WEA to inform area management and senior leadership when designing best management practices as they pertain to cultural resources.

3. Identify and accurately locate all previously recorded sites and identify and record any unrecorded sites found during the course of the project.

The Multi-Area WMA/WEA Cultural Resources Assessment shall be conducted in accordance with Chapters 267, 373 and 872.05, Florida Statutes and Section 106 of the National Historic Preservation Act

(Public Law 89-665) as amended in 1992, and 36 CFR Part 800: Protection of Historic Properties and any other regulations, procedures and policies addressing the treatment of historic properties or cultural remains. The awarded contractor (Contractor) must consult with the Division of Historical Resources, Public Lands Archeology Section to obtain and provide to the FWC a copy of a concurrence letter. The FWC will not issue a notice to proceed until this concurrence is received.

TASKS

1.0 Conduct a Literature Review and Background Research for Each Area

Identify and review archaeological and historical resource documentation pertinent to the project area to determine the types of cultural resources present, their chronological associations, locational patterning, and other relevant findings. Such documentation will include, but not be limited to, Cultural Resource Survey Reports, Comprehensive Plan Studies, published books and journal articles, the National Register of Historic Places (NRHP), the Florida Master Site File, and any county or local site inventory. This review will also include, when possible, information gathered from other professionals in related disciplines and local residents or area staff of the project area.

2.0 Prepare Archaeological, Historical, and Environmental Overviews of Each Area

2.1 Archaeological Overview

Prepare a summary of the project area’s prehistoric and historic resources based on the findings of the literature review and other background research. The overview will identify the chronological, functional, and locational dimensions of the project area’s archaeological record, as well as provide a basis to develop predictive site models for the area. The summary will also include an evaluation of the significance of archaeological sites occurring in the

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 13 of 49 project area particularly as they relate to the presence of human remains or eligibility with the National Register of Historic Places.

2.2 Historical Overview

Prepare an overview of the history of the project area based on the findings of the Literature

Review and other background research. The overview will identify the significant events, locations, structures, and individuals associated with the development of the project area.

Particular attention should be paid to land use patterns and the historical environment. The overview should provide a basis for evaluating the significance of cultural resources occurring in the project area.

2.3 Environmental Overview

Prepare an overview of the project area’s salient features to include a description of the area’s topography utilizing LIDAR, geology, hydrology, and vegetative associations. The description should include a discussion of past and present environmental configurations in terms of relationships to the occurrence of cultural resources.

3.0 Conduct a Field Survey of the High Probability Areas and Reconnaissance of Previously Recorded

Sites

Based on the synthesis of research, conduct a field survey of high probability areas to verify presence of cultural sites. After a review of current Florida Master Site File records, undertake a reconnaissance and evaluation of previously recorded sites. All sites are to be accurately located using GPS.

The Contractor will use both surface and subsurface testing techniques to locate, identify, and evaluate the significance of cultural resources occurring in high probability areas. Such testing shall be based on the combination of the Contractor’s expertise and understanding of the local predictive site models and focus on those zones ranked highest for the presence of cultural sites/activity.

Subsurface testing in these ranked zones will adhere to standards set forth by the Florida Division of Historic Resources.

Testing in areas of high site probability should proceed judgmentally to verify presence or absence of cultural remains utilizing a minimum number of shovel tests as necessary. No random grid shovel testing is to be utilized. The use of metal detectors for the location of metal artifacts associated with historic sites shall follow similar procedures. Subsurface tests will typically be 0.5 meters in diameter and dug to a minimum, subsurface conditions permitting, of 1 meter. All spoil from excavated tests should be sifted through ¼‐inch metal hardware cloth. Any cultural materials recovered from either surface or subsurface testing will be stored in plastic bags and properly labeled by its source. Any organic materials recovered in testing such as faunal and floral materials will be stabilized, if necessary, and preserved for future analysis. Any metallic artifacts recovered shall be properly stored to prevent degradation until proper evaluation is made regarding conservation.

Approximate site dimensions shall be based on visual surface cues such as soil type, vegetation type, elevation, exposed artifacts, LIDAR topography, etc. The development of site boundaries via intensive grid shovel testing is not required or desired as part of this survey.

4.0 Prepare and Submit a Report Documenting the Results of the Cultural Resource Assessment

A Florida Master Site File form will be completed on every prehistoric or historic cultural resource identified in the field survey. The Contractor will complete a National Register of Historic Places

Determination of Eligibility (DOE) package on each prehistoric and historic cultural resource considered to be a significant resource according to criteria established by law. In the case of historic resources, specifically historic structures and related features, the DOE package will include a

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 14 of 49

National Register of Historic Places Registration Form with accompanying documentation. Maps, drawings, and photographs should be used, as appropriate, in the documentation of the cultural resources addressed in the assessment process. The Contractor will maintain field notes documenting the progress of the assessment survey. These notes should include the type, number of tests conducted, a brief description of artifacts or features encountered in testing, soils information, and other information pertinent to the assessment survey. All subsurface tests and areas of surface examination should be clearly marked on appropriate maps/aerials of the project area. The final report will contain a Survey Log Sheet, Artifact Log Sheet, and survey location map.

The Contractor will submit a draft report for each WMA/WEA surveyed presenting the methods, findings, evaluation, and recommendations to the FWC for review and comments. The report must be prepared to conform to Florida Division of Historical Resource standards. The draft report will also contain copies of the Master Site File forms and any applicable DOE forms, along with a Survey

Log Sheet. A final report shall be submitted within one (1) month after the review of the draft document and receipt of FWC comments, The Cultural Resource Assessment and related documents will be required to be in hard copy (three copies) and electronic (pdf) format specified by the FWC, unless otherwise directed by the FWC. In addition to the above, GIS data and shapefiles created for each project area shall be provided to the FWC.

PERFORMANCE MEASURES

The Draft and Final Reports submitted by the Contractor must include all of the information outlined above and include all applicable Master Site File forms and/or DOE forms. Draft and Final Reports must be submitted by the deadlines outlined in each Purchase Order.

WORK ASSIGNMENTS

Separate Purchase Orders will be issued for each assignment. Multiple WMAs/WEAs may be include in the scope for one Purchase Order. Each PO will include the WMA(s)/WEA(s) to be assessed and the timeline for completion and submittal of the deliverables for each WMS/WEA.

LOGISTICS

Prior to beginning each WMA/WEA project, the Contractor shall communicate with the DHR Public Lands

Archaeologist and acquire necessary permitting. The Contractor shall also contact the FWC Area Manager prior to all planned, nonconsecutive trips to a WMA/WEA to secure access and ensure actions do not create user conflicts during scheduled public recreational activities or impact area activities such as prescribed burning, sensitive habitat needs, etc. The Contractor shall maintain good communication with the FWC

Area Manager throughout the duration of the project on each WMA/WEA and provide updates as requested and in a timely manner. The FWC Area Manager will notify FWC Law Enforcement and other staff as needed when the Contractor will be present on the area.

FWC RESPONSIBILITIES

The FWC will be responsible for any or all of the following as appropriate for performance of the required services:

1. Provide available plans, studies, photographs, and other available information held by the FWC as pertinent to the project;

2. Provide guidelines of the FWC to be used in the fulfillment of this Contract; and,

3. Review and approve all submittals in a timely manner.

PROPERTY OF THE FWC

All work performed by the Contractor pursuant to this Contract shall be considered works made for hire and shall become the property of the FWC upon completion or termination without restriction or limitation

Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 15 of 49 on their use and shall be made available, upon request, to the FWC or the FWC’s Project Manager (or his/her designee) at any time during the performance of such services and/or upon completion or termination of such services. Upon delivery to the FWC of said document(s), the FWC shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Contractor shall not copyright any material and products or patent any invention developed under this nor publish the results of the study.

Copies of all site forms and final reports generated during this Contract shall also be provided to the Florida Master Site File (DHR) by the Contractor. All artifacts, samples, physical remains, etc. collected under this

Contract shall be transferred over to the State of Florida’s Collections (DHR) for accessioning and final disposition upon completion of the project.

REQUIRED QUALIFICATIONS OF RESPONDENTS

Personnel qualified to conduct this cultural resource project must meet at least the minimum criteria set forth in the U.S. Secretary of the Interior Standards and Guidelines for Archaeology and Historical

Preservation and 36 CFR Part 61. All Principal Investigators should be able to demonstrate appropriate knowledge and experience pertinent to the State of Florida.

Individuals responsible for conducting the project must have the requisite knowledge of regional prehistory and history to make informed decisions regarding NRHP eligibility, as well as be familiar with the types of cultural resources likely to be encountered in the region and methods for identifying, evaluating, and documenting them.

The Contractor shall provide resumes of their principal field staff supervisors for review. The following job classifications have been identified and/or defined by the FWC:

Project Manager ‒ Bachelor’s or master’s degree with five (5) years of contract management experience including NEPA studies.

Principal Investigator ‒ The person or persons responsible for supervising the identification, evaluation, and documentation of cultural resources. They shall hold an advanced degree in a Cultural Resources related field and have at least five (5) years of related work experience and show timely project completion and successful review by Division of Historical Resources.

Archaeologist ‒ The minimum professional qualifications are a graduate degree in archaeology, anthropology with archaeology as a major area of emphasis, or closely related field plus:

➢ At least one (1) year of full‐time professional experience or equivalent specialized training in archaeological research, administration, or management.

➢ At least four (4) months of supervised field and analytic experience in general North American archaeology.

➢ At least six (6) months of field experience in Florida.

➢ Demonstrate the ability to carry out research to completion in a timely fashion.

Archaeological Technician ‒ The minimum professional qualifications are a bachelor’s degree in archaeology, anthropology with archaeology as a major area of emphasis, or closely related field plus:

➢ At least one (1) year of full‐time professional experience or equivalent specialized training in archaeological research, administration, or management.

➢ At least four (4) months of supervised field and analytic experience in general North American

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Request for Proposal – Revised 4.18.2022 FWC 21/22-119, Page 16 of 49

ATTACHMENT A

FWC 21/22-119

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: February 16, 2022

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. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the

Purchase Order end date.

Section 2. PERFORMANCE.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of

Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the

Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time frame specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non ‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.

The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the

Contractor may invoice the Commission for the retained amount during the next billing period. If the

Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities.

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification.