FWC 21.22-75 RFP - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 21/22-75

DERELICT, AT-RISK/PUBLIC NUISANCE AND VESSEL TURN IN PROGRAM (VTIP) VESSEL

REMOVAL FROM WATERS OF THIS STATE, DESTRUCTION, AND DISPOSAL

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for the removal from waters of this state, destruction, and disposal in an approved landfill/waste disposal facility of derelict, at-risk/public nuisance and Vessel Turn in Program (VTIP) vessels within the state of Florida, 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:_____________ Respondent Unique Entity Identifier Number (UEI)___________________

Region(s) (from Exhibit I) Proposing to Provide Services For: _______________________________________________________________

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 5.26.2021 FWC 21/22-75, Page 2 of 103

CALENDAR OF EVENTS

FWC 21/22-75

SCHEDULE DUE DATE METHOD

RFP Advertised April 28, 2022 Posted on the Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Non-Mandatory Pre-Proposal Conference Call

May 10, 2022

@ 11:00 AM ET

See Pre-Proposal Conference Call Clause

Deadline for Questions

Must be received

PRIOR to:

May 13, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions May 18, 2022

Posted on the Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

SEALED RESPONSE DUE

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

Must be received

PRIOR to:

June 1, 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 June 1, 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

June 7, 2022 to

June 24, 2022

Florida Fish & Wildlife Conservation Commission

Anticipated Date of Intended Award

June 30, 2022 Posted on the Vendor Information Portal (VIP):

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 3 of 103

GENERAL CONDITIONS

FWC 21/22-75

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 5.26.2021 FWC 21/22-75, Page 4 of 103

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective for one year 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.

RENEWAL

The Commission has the option to renew this Contract on a yearly basis for a period up to three (3) years after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections

287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes, each Contractor shall supply a price for each year that a contract may be renewed. Evaluation of responses shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Contractor.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor, if it desires to exercise this renewal option, will provide written notice to the

Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Contract. The Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment. The List of

Subcontractors (Attachment C) shall be included with proposal submission.

NON-MANDATORY PRE-PROPOSAL CONFERENCE CALL

A non-mandatory pre-proposal conference call will be held on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-proposal conference call is to discuss the contents of this RFP and to accept verbal questions from Respondents concerning the project. The Commission will make a reasonable effort to answer verbal questions asked during the pre-proposal conference call, however, Respondents should clearly understand that verbal discussions held at the pre-proposal conference call 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.

Access Phone Number: 1-888-585-9008

Conference Room Number: 218-721-199

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 mailto:bidrequest@myfwc.com?subject=Extension%20Request

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 5 of 103 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 Information Portal

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

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.

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

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 Information Portal website. Each Respondent 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 Respondent’s failure to obtain the information made available through the Vendor

Information Portal.

https://vendor.myfloridamarketplace.com/

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 6 of 103

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 (including which Region(s) the Respondent is proposing to provide services for), signed by the Respondent and returned as part of the response. Otherwise the response will be deemed non-responsive. Regions are identified in Exhibit I of the Scope of Work. 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.

TAB B. References (Mandatory) — Attachment D

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 E

The Respondent shall provide a chronological list (starting with most recent experience first) of the

Respondent ’s prior and relevant experience to include any previous work performing removal from waters of this State, destruction or disposal of derelict vessels or other vessels authorized by FWC or another governmental entity. The list shall include a description of the services provided and the duration of the project. The Respondent must provide evidence of a minimum of 3 past experiences performing derelict vessel or other authorized vessel projects as provided herein. 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. Contractor-Owned Equipment List (Mandatory) – Attachment F

The Respondent shall complete and return Attachment F, providing a list of appropriate equipment owned by the Respondent that is available to use to complete the work as defined herein. The

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 7 of 103

Contractor-Owned Equipment List form shall be completed in its entirety, and returned, as part of the

RFP response or the response shall be deemed non-responsive.

Note: In the event that the Contractor anticipates the need for a particular piece of equipment that would need to be rented, the rental price can be provided under the Cost for Items Not Listed Above section of the Cost Sheets below. Equipment owned or rented can used to complete projects and the Cost Sheets should take that into account. However, rented equipment should NOT be listed on this

Form.

TAB E. Cost Sheet (Mandatory) — Attachment G

On the pages provide as Attachment G, the Respondent shall provide its costs for the services/equipment requested in this solicitation for the initial 1-year term of the contract and the possible 3 one-year renewal periods. A separate Cost Sheet is provided for each of the six Regions for which work may be performed. The appropriate Cost Sheets must be submitted for each Region in which the Respondent is proposing to provide services. For each Cost Sheet submitted, Respondents shall check those counties within the Region where they are able to do work. Respondent shall provide costs per Region regardless of the counties selected per Region. The Cost Sheet shall be completed in its entirety for the Region for which the Respondent is proposing to provide services, and returned, as part of the RFP response or the response shall be deemed non-responsive. In the event that a Respondent cannot provide one of the services listed on the Cost Sheet, “N/A” shall be written in the space for the price. Services noted with an “N/A’ by the Respondent cannot be provided by the Respondent if they receive an award under this

RFP.

Prices provided in Attachment G shall include all costs necessary to provide the services listed including, but not limited to, highest estimated rate for employee pay, benefit costs, insurance, travel and incidental expenses, fuel, vehicles, materials, supplies, PPE, disposal methods/equipment, and any other costs necessary for the Contractor to meet project specifications. Respondent should take into account potential price increases and market fluctuations that could affect the Respondent’s costs over the term of contract.

TAB F. List of Subcontractors (Mandatory) – Attachment C

The Respondent shall provide a list of proposed subcontractors on Attachment C and return it as part of the RFP response.

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 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

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 8 of 103 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 one (1) separate electronic copy on a flash drives 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.

SELECTION AND EVALUATION OF RESPONSES

An evaluation committee consisting of five (5) 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 H) 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 per Region. Respondents must score at least 60 points per Region to be considered for award in that

Region.

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 9 of 103

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 45

Contractor-Owned Equipment 25

Area of Operational Availability 25

Cost 5

TOTAL: 100

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

1. Experience (45 points) Experience will be evaluated based on demonstrated prior vessel removal, destruction and disposal projects. Evaluation will be based on the information provided in Attachment E.

2. Contractor-Owned Equipment (25 points) The Contractor-Owned Equipment List will be evaluated based on availability of appropriate equipment to complete work described in this solicitation. Evaluation will be based on information provided in Attachment F.

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 10 of 103

3. Area of Operational Availability (25 points) Area of operational availability will be evaluated by number of counties within a region in which the Respondent can provide services. Regions are identified in Exhibit I.

Using the counties marked by the Respondent on the Cost Sheets (Attachment G), the evaluation of each Respondent’s area of operational availability will be based on the formula below.

Each Respondent will receive a percentage of the points available for this criteria element equal to the percentage of the counties in the region in which they commit to provide services.

Formula for Area of Operational Availability Factor:

𝐴 ÷ 𝑁× (𝐵) = 𝐶 Where:

A = Number of counties in the region under review that the Respondent will work in N = Number of total counties in the region under review

B = Number of maximum points awarded for the criteria

C = Score awarded to the Respondent

4. Cost (5 points)

Cost will be evaluated by region.

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 shall 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 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), 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, or incurs expenses, prior to receiving a Purchase Order, Formal Written

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 11 of 103

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 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 all purchase orders issued pursuant to the response 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.

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 $500.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances 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.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

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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.

NOTICE TO PROCEED

The awarded Respondent shall not initiate work under this contract until FWC has issued a Purchase Order for a specific project and the Contractor has emailed the designated FWC Project Manager confirming receipt of the Purchase Order.

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 issuance of a Purchase Order and receipt from the Contractor of a confirmation email. 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.

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Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 13 of 103

SCOPE OF WORK

FWC 21/22-75

DERELICT, AT-RISK/PUBLIC NUISANCE AND VESSEL TURN IN PROGRAM (VTIP) VESSEL

REMOVAL FROM WATERS OF THIS STATE, DESTRUCTION, AND DISPOSAL

PURPOSE

The intent of this Request for Proposal (RFP) is to obtain competitive proposals for the removal from waters of this State, destruction, and disposal of derelict vessels, at-risk/public nuisance and VTIP vessels as authorized by FWC, within six (6) regions (see Exhibit I) of the state of Florida at the direction of the Florida

Fish and Wildlife Conservation Commission (FWC), per the specifications contained herein. Each Respondent shall identify the Regions within which he or she shall provide services, as well as all counties within each Region.

1. DEFINITIONS

1.1 Derelict Vessel: A vessel that has been investigated and authorized for removal by FWC as a derelict vessel by Florida Statute 823.11(2)

1.2 At-Risk/Public Nuisance Vessel: A vessel that has been declared at-risk, which meets the public nuisance vessel requirements as provided in section 327.73(1)(aa), Fla. Stat., and which has been approved for removal by FWC. These vessels will be removed, destroyed, and disposed of following the same procedures as derelict vessels.

1.3 Vessel Turn In Program (VTIP) Vessel: These vessels have been surrendered by their owners for removal by the state and have been approved for removal by FWC. They are required to be floating to be eligible for the program.

2. GENERAL TERMS

2.1. It is anticipated that multiple awards per Region will result from this Request for Proposals . The number of awards shall be made at the sole discretion of the FWC, as determined to be in the best interest of the State. Any successful Respondent (Contractor) and its subcontractors shall cooperate with such other contractors and the FWC in all such cases.

2.2. An award under this Request for Proposals is not a guarantee of work. No minimum quantity of work is guaranteed.

2.3. Successful Respondents must have a valid DUNS or Unique Entity Identifier Number (UEI) registered with the Federal System for Award Management (SAMS) prior to any work being issued via Purchase Order.

2.4. The distribution of work to Contractors shall be at the sole discretion of the FWC. All work shall only commence upon receipt of an authorized Purchase Order from FWC and an email reply from the Contractor to the FWC Contract Manager confirming receipt of the Purchase Order.

2.5. The work covered by this scope of services generally includes the removal from waters of this

State, destruction, and disposal of specifically identified vessels as authorized by FWC. This scope of work includes all services that may be needed to complete the removal, destruction, and

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 14 of 103 disposal. However, the actual scope of work for each site may vary, dependent upon the work needed to complete the removal, destruction, and disposal.

2.6. Contractor responsibilities include mobilization and demobilization to take into custody the vessels authorized, on land staging, provision of both land and water-based vessel transport, vessel decontamination, emergency environmental protection measures, vessel destruction, vessel disposal and related services. The Contractor is also responsible for provision of environmental protection measures during vessel removal, transport, destruction, and disposal.

Once a vessel is in the Contractor’s custody for destruction and disposal, the Contractor will be responsible for destroying the vessel and transporting the remnants to a properly licensed landfill. Contractor will provide evidence of the vessel’s destruction and disposal to the FWC

Project Manager. Photographic evidence of a target vessel before removal, during removal and identifiable destruction of the target vessel, to include ultimate disposal of vessel remains are required.

2.7. The Contractor shall perform the work in a proper and satisfactory manner. All labor and materials necessary to complete the work shall be provided by the Contractor. The Contractor shall obtain all necessary local, state, and federal authorizations necessary to complete this project. The Contractor shall be licensed as necessary to perform under this Scope of Work as may be required by law, rule, or regulation. The Contractor shall provide evidence of such compliance to FWC upon request. The Contractor shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Scope of Work. The

Contractor warrants that it has the capability in all respects to fully perform the requirements herein and the integrity and reliability that will assure good-faith performance as a responsible

Contractor. The Contractor shall immediately notify FWC in writing if its ability to perform under the Scope of Work is compromised in any manner during the term. FWC shall take appropriate action, including potential termination, in the event the Contractor’s ability to perform work outlined in this Scope of Work becomes compromised.

2.8. The Contractor will coordinate with the FWC point of contact identified in the purchase order to verify correct identification of each vessel which is to be removed from the waters or this State, destroyed, or disposed of and to obtain final approval prior to any work commencing. Note that for each vessel to be disposed of, the following must take place: 1) an FWC staff member must document the vessel’s information in the FWC database; and 2) an FWC staff member must verify having obtained a waiver from all owners, insurance companies, and lien holders or must verify having provided due process to all relevant parties prior to disposal of the vessel.

Contractor will only be authorized to remove specific vessels as identified within a specific project’s scope of work. Contractor shall not remove from the waters of this State, destroy, or dispose of any vessels unless specifically authorized to do so by FWC

2.9. The Contractor shall notify FWC at least five (5) days prior to project (vessel removal) commencement to coordinate pre-project matters.

2.10. Following completion of each project, the Contractor must submit all records and logs maintained during the project as required in this Scope of Work.

2.11. Contractor will be paid for projects completed and submission of required project completion documentation.

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2.12. Payment will not be made for work completed if required proper documentation is not submitted to FWC.

2.13. Some of the projects will be funded with American Rescue Plan Act (ARPA) funds. For those projects the specific terms and conditions related to ARPA funding, which are identified in the

Purchase Order Terms and Conditions, shall apply.

3. WORK ASSIGNMENT PROCESS

Once a derelict, at-risk/public nuisance or VTIP vessel project has been identified, the FWC Project Manager will send a Request for Quote (RFQ) (Exhibit II) to awarded Contractors within the Region in which the work is to be performed. Specific workplans, scopes of work, and deliverables for each project will be sent to Contractors as part of the Request for Quote process. Quotes must use the rates provided by the Contractor on Attachment G in their proposals responsive to this solicitation. The only exception is that the quote for mobilization and demobilization of equipment and crews may vary from the price provided on Attachment G such that Attachment G is a maximum ceiling rate. Prices submitted for mobilization and demobilization in a Quote may be lower than the rate provided in Attachment G. This

Contract is not a guarantee of work and the selection of Contractors to perform work is at the sole discretion of the FWC Project Manager. Factors for selection will include but are not limited to work quality, project deadlines, proximity to work, and cost. No work is to be performed until a Purchase Order has been issued by the FWC Project Manager and the acknowledgement email from the

Contractor has been received by the FWC Project Manager.

In certain pre-approved circumstances, the Contractor may need to be reimbursed on a cost reimbursement basis for unanticipated services or supplies not already listed on the Cost Sheet or for permits. These items, if pre-approved, shall be reimbursed at cost plus the percentage provided by the

Contractor on Attachment G.

4. VESSEL REMOVAL FROM WATERS OF THIS STATE AND ENVIRONMENTAL PROTECTION

REQUIREMENTS

4.1. The Contractor will provide all personnel, equipment, and materials necessary to complete work under this Contract including vessels, vehicles, and protective equipment. The Contractor will be responsible for each job site at all times during work covered by this scope of work.

4.2. The Contractor is required to obtain and have present on each job site all active local, state, and federal licenses, certifications, and permits required to fulfill each aspect of work under this

Contract.

4.3. Unless otherwise approved in writing in advance, the following general requirements are to be followed:

4.3.1. All personnel of the Contractor or any subcontractor must wear serviceable, USCG-approved Personal Flotation Devices (PFDs) when they're in, on, or around the water.

4.3.2. Operations are to be limited to daylight hours.

4.3.3. Operations are to be staged from an upland area.

4.3.4. The Contractor is wholly responsible for locating and securing a staging site(s) for operational needs to include but not limited to storage of equipment and materials, on-

Request for Proposal – Revised 5.26.2021 FWC 21/22-75, Page 16 of 103 land destruction, and disposal of vessels either in containers or directly to an approved disposal facility.

4.3.5. The Contractor is responsible for obtaining and providing copies to the FWC of approval from the Florida Department of Environmental Protection to designate and identify the staging site(s) as an approved Disaster Debris Management Site (DDMS).

4.3.6. The Contractor shall provide either the Water Assurance Compliance System (WACS) number or Environmental Protection Agency (EPA) number to the FWC for the on-land staging site(s).

4.3.7. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict or other authorized vessel site.

4.3.8. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected.

4.3.9. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, black/gray water and engines from each derelict or other authorized vessel prior to or immediately after vessel extraction from water. The placement of an absorbent matts/socks on the surface of the water around the derelict or other authorized vessel within the turbidity barrier is required where free floating product

(gas/oil) is observed and under vessels which have been placed on land. Any contaminant or pollutant found to be contained within a derelict or other authorized vessel as well as the used absorbent matts/socks shall be removed by the Contractor, placed in an approved container, and disposed of properly.

4.3.10. The Contractor is to provide appropriate Best Management Practices (BMPs) for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict or other authorized vessel and around the perimeter of any upland staging site where necessary.

4.3.11. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict or other authorized vessel from the water.

4.3.12. The dragging of vessels is to be avoided both on and off-shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground.

4.3.13. The Contractor is to photo-document all removals as described herein with pictures taken before, during and after removal. The Contractor will provide a daily written report of all removal activities. Photographs taken by the Contractor must include, at a minimum, on-water pictures, pulling of vessel, destruction, and final resting place. The

Contractor shall be required to document the location of final disposition, disposal site

EPA number, disposal weight ticket, and dumpster ticket.

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4.4 The Commission reserves the right to stop or delay work for non-compliance with the Purchase Order specifications or if site conditions become unacceptable. The Commission shall have sole discretion in this determination.

4.5 For derelict or other authorized vessels that are floating or lightly aground:

4.5.1 Vessels shall be pumped out as needed and extracted (floated out) during high water.

4.5.2 Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas.

4.6. For…