FWC 21.22-82 - Final RFP.pdf

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 1 of 83

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 21/22-82

MECHANICAL REMOVAL OF AQUATIC PLANTS AND ASSOCIATED ORGANIC SEDIMENTS

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for all aspects of the removal of aquatic vegetation and associated organic sediments, 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: ___________________ Region Responding 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 2.22.2022 FWC 21/22-82, Page 2 of 83

CALENDAR OF EVENTS

FWC 21/22-82

SCHEDULE DUE DATE METHOD

RFP Advertised May 11, 2022 Posted on the Vendor Information Portal

(VIP):

https://vendor.myfloridamarketplace.com/

Non-Mandatory Pre-Proposal

Conference Call

May 23, 2022

@ 2:00 PM ET

See Pre-Proposal Conference Clause

Deadline for Questions

Must be received PRIOR to:

May 26, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions

June 1, 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 14, 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 14, 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 21, 2022 to July 8, 2022

Florida Fish & Wildlife Conservation

Commission

Anticipated Date of Intended

Award July 19, 2022

Posted on the Vendor Information Portal

(VIP):

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 3 of 83

GENERAL CONDITIONS

FWC 21/22-82

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

_purchasing_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 2.22.2022 FWC 21/22-82, Page 4 of 83

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $12,000,000.00.

TERM

The contract will be effective from the date of award until June 30, 2027.

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 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

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 5 of 83

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 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

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 6 of 83 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.

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 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. 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

ALL SUBMISSIONS MUST BE TYPED AND LEDGABLE. Respondents are encouraged to prepare their Response Package in the order outlined below, with the sections tabbed for ease of the identification and review by the evaluation committee members. A separate response must be submitted for each Region for which the Respondent is proposing to provide services.

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 five

(5) references (three primary and two alternates) for mechanical removal of aquatic vegetation and associated sediments 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 complete and submit the Experience form, enclosed herein, which shall include (a) a list of Respondent’s experience (up to 10 jobs) in the mechanical removal of aquatic vegetation and associated organic sediments, (b) a description of the services provided for each

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 7 of 83 operation, and (c) the duration of each project. 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. Response Table (Mandatory) – Attachment F

The Respondent shall complete and submit the Response Table, enclosed herein. The Response

Table will evaluate company’s technical ability, mechanical removal experience, field operations, and ability to complete assigned projects. The Response Table shall be completed in its entirety, and returned, as part of the RFP response or the response shall be rejected.

The Respondent shall also supply a list of all company employees and attach employee resumes to include work history, experience, qualifications, expertise, licenses, etc. This information will be used in the evaluation of the Response Table.

TAB E. List of Contractor Owned Equipment (Mandatory) – Attachment G

The Respondent shall complete and submit the List of Contractor Owned Equipment Form, enclosed herein. The list must include all equipment that could potentially be used on mechanical removal of aquatic vegetation and associated organic sediments projects procured under this RFP.

This list will be inclusive of all self-powered and towed/pushed floating equipment to include mechanical removal equipment, barges, tugs, conveyors, trucks and excavators, etc. to be used by the contractor for work conducted under this RFP. Photos of all owned equipment registered for use in Florida waters or on Florida roads must also be attached.

TAB F. Cost Form (Mandatory) — Attachment H

The Respondent shall complete and submit the Cost Form, enclosed herein. For the purpose of this RFP, cost will be provided as a “Loaded Ceiling Price per Acre”. Price shall include all things required for aquatic plant removal, delivery to an in-lake or shore-based off-loading site, transfer from removal equipment to in-lake or shore-based equipment (shore conveyors or any equipment required for handling plant and spoil material remediation on the in-lake island(s)) and off-loading site (on-shore or in-lake) maintenance and remediation. This equipment cost may include aquatic plant harvesters, barge(s), excavator(s), shore conveyor(s), airboat(s), turbidity meter, turbidity control devices, other aquatic removal equipment, communication equipment, GPS units, bond cost, insurance costs, fuel costs, safety equipment, personnel and any other components required to complete the aquatic plant removal and off-loading site maintenance and remediation portion of a specified project as calculated by the Respondent, taking into account future price increases and fluctuations during the contract period. The Cost Form shall be completed in its entirety and returned as part of the RFP response or the response shall be rejected.

The Respondent shall provide its costs for the services/equipment requested in this solicitation for the initial 3-year term of the contract through June 30, 2027, and for the possible 3 one-year renewal periods. The appropriate Cost Form must be completed and submitted in each response submitted by the Respondent.

This cost provided is award criteria for the RFP Contractor selection. Subsequent to awarding the

RFP, Request for Quotes (RFQs) will be initiated for each individual and unique project sites and quotes will be obtained on a fixed unit rate per project. The Loaded Price per Acre for each region submitted in this RFP is the highest expected “ceiling rate” per acre and no subsequent RFQ response shall exceed the rates established in this RFP.

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 8 of 83

Costs for the transportation of removed material to an upland disposal site, storage, and remediation (disposal site acquisition for contractor-acquired sites, dump truck(s), bulldozer(s), excavator(s), front-end loader(s), seed, lime, fertilizer, etc.) portion of a specified project will be bid as a separate line item during the RFQ process for those projects requiring Commission-acquired or contractor-acquired upland disposal and should NOT be included in the calculation of the

“Loaded Ceiling Cost Per Acre” price for this RFP.

TAB G. 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 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 electronic copies on four (4) separate 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.

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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 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 I) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.

Total score will be tabulated for each Region and used to determine awards. Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score in each Region. Respondents must score at least 70 points (out of 100 possible points) per Region to be considered for award for that Region.

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.

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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 35

Response Table 35

Contractor Owned Equipment 15

Cost 15

TOTAL: 100

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

1. Experience (35 points – see Table below) Respondent’s experience in the mechanical removal of aquatic vegetation and associated organic sediments will be evaluated based on information provided on the Experience Form.

2. Response Table (35 points – see Table below) Respondent’s mechanical removal experience, field operations, and ability to complete assigned projects will be evaluated based upon information provided in the Response Table and resumes.

Table for Experience and Response Table Evaluation

Score Description Definition

5 Excellent Response demonstrates excellent understanding of requirements and outstanding approach that significantly exceeds minimum performance or capability Standards for this project. Proposed staff and experience demonstrates exceptional strengths that provide a high probability of satisfying the Commission’s requirements.

4 Very Good Response demonstrates very good understanding of requirements and strong approach that exceeds minimum performance or capability standards for this project.

Proposed staff and experience demonstrates significant strengths and strong probability of satisfying the Commission’s requirements.

3 Good Response demonstrates good understanding of requirements and solid approach that exceeds minimum performance or capability standards for this project. Proposed staff and experience demonstrates one or more strengths and good probability of satisfying the Commission’s requirements.

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2 Satisfactory Response demonstrates acceptable understanding of requirements and satisfactory approach that meet minimum performance or capability standards for this project. Proposed staff and experience demonstrates acceptable qualifications to meet Commission’s requirements.

Marginal Response demonstrates shallow understanding of requirements with an approach that only marginally satisfies minimum performance or

Capability standards necessary to meet Commission’s needs. Proposed staff and experience demonstrates marginal qualifications to meet

Commission’s requirements.

3. Contractor Owned Equipment (15 points)

Equipment will be evaluated based upon the information provided on the List of Contractor

Owned Equipment.

4. Cost (15 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 (15)

C = Score awarded to Respondent cost under review

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 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 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.

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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.

NOTICE TO PROCEED

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

CERTIFICATE OF WORK 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 Work Completion (Attachment J) and the contract shall be deemed completed upon the issuance date of such Certificate.

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 2.22.2022 FWC 21/22-82, Page 13 of 83

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 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 both the Contractor and the Commission.

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.

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

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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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SCOPE OF WORK

FWC 21/22-82

MECHANICAL REMOVAL OF AQUATIC PLANTS AND ASSOCIATED ORGANIC SEDIMENTS

I. DEFINITIONS

1. Commission. The Florida Fish and Wildlife Conservation Commission.

2. Commission Contract Manager. The Commission employee who oversees the contract.

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

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

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

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

Certificates of Partial Payment requests, and the Certificate of Contract Completion form

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

3. Commission Project Manager. The Commission employee or agency-designated staff assigned to oversee the individual project work site(s). The Commission Project Manager will initiate and conduct pre-quote meetings, provide contractors with any addendum to the original Scope of Work, and be the primary contact should there be a dispute between a Commission Project Manager and a contractor. The Commission Project Manager may delegate select project oversight responsibilities to a designee. The contact information for such designee will be provided in writing or email to the Contractor at the start of the project.

4. Completion of Work (COW) Certificate (Attachment J). A form to be filled out and signed by the Commission Project Manager attesting that work was completed as per the Scope of

Work; must be submitted with invoice for Contractor to receive payment.

5. Contractor. A responsive and responsible mechanical removal private contractor who receives a contract award for this RFP. Multiple awards are anticipated under this RFP.

6. Pre-Quote Meeting. An on-site mandatory meeting (when required) where Contractors, Commission Project Manager and other staff review and discuss the Scope of Work.

Contractors must arrive on or before the designated time and sign in before the meeting starts and sign out at the conclusion of the meeting for their quote to be eligible for consideration.

7. RFP. This formal solicitation for the award of prospective contractors.

8. RFQ. The Commission will use a Request for Quotes (RFQ) to solicit cost quotes based on the specific SOW for a project. An RFQ allows for competitive cost quotes from Contractors, from which the lowest quote will be selected. A quote must be submitted by a set date and time to be eligible for consideration. An RFQ may contain criteria different from or not

Request for Proposal – Revised 2.22.2022 FWC 21/22-82, Page 16 of 83 identified in the RFP. In the event of a conflict between the RFQ and the RFP, the RFP shall govern.

9. Scope of Work (SOW). The project specifications provided by the Commission Project

Manager. All work conducted by a Contractor shall be in accordance with the approved SOW. Discussion about the SOW may occur during an on-site pre-quote meeting, which may result in changes to the SOW. These changes will be attached to and supersede the SOW.

II. OVERVIEW

The intent of this RFP is to award responsible, responsive contractors based on their qualifications and competitive cost for all aspects of the mechanical removal of aquatic vegetation and associated organic sediments within the State of Florida, per the specifications contained herein. Prospective contractors are not required to provide responses for all regions but must provide responses for all services within a region. The Commission, at its sole discretion, may stipulate what type of removal equipment is to be used to conduct the project.

Services will be provided by the selected contractor(s) on a Purchase Order basis. It is anticipated that multiple awards will result from this Request for Proposals. An award under this Request for Proposals is not a guarantee of work. No minimum quantity of work is guaranteed.

III. GENERAL SPECIFICATIONS

A. Program Mechanics/Procedures

When aquatic vegetation and associated organic sediment removal projects are identified and funding is available for mechanical removal operations:

1. The Commission will notify the awarded Contractors for a particular region of the location, date and time of a mandatory (unless otherwise stated by the Commission in the RFQ notification) pre-quote site visit. Purchase orders will be issued to the Contractor who submits the lowest quote.

2. Included in this notification will be a) the detailed Scope of Work (SOW) for the project, including instructions on the work unit to be quoted (per-project or per-acre); b) list(s) of required and disallowed equipment if any; c) map showing the location of the project; d) the contact and telephone number of the Commission Project Manager; e) date and time of the mandatory pre-quote site visit; f) directions to the location of the mandatory pre-quote site visit; and g) the deadline for submission of the quote being requested. The Commission, at its sole discretion, may stipulate what type of removal equipment is to be used to conduct the project.

3. All Contractors will be required to sign an attendance log at the beginning and at the conclusion of the pre-quote visit. Failure of a selected Contractor to attend the entire mandatory pre-quote meeting and sign the attendance sheet at the beginning and the conclusion of the meeting shall disqualify that Contractor from submitting a quote for that job.

4 Any modifications made to the S O W as a result of the mandatory pre-quote-site visit will be sent via electronic mail to the attending Contractors, as evidenced by the attendance logs, within 72 hours of adjournment of the pre-quote site visit.

5. Contractors shall submit written quotes to the Commission within the timeframe agreed upon at the pre-quote site visit in order to be eligible for an award.

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6. Each per-project or per-acre project will be awarded to the Contractor submitting the lowest responsive and responsible quote. If the RFQ specifies a per-acre cost response the cost per-acre will not exceed those submitted in the RFP “Loaded

Ceiling Cost Per-Acre”.

7. If the RFQ instructs the Contractor to provide a cost per-project or cost per-acre quote and the Contractor subsequently requests a change order(s) during the process of completing the project that exceeds the originally submitted RFQ amounts (total cost per project or per acre) by 10% or more, the Contractor will be penalized points based on the default table below. Change orders will only be approved up to the cost submitted by the second low bidder.

8. The Commission Project Manager shall notify the Contractor submitting the low quote by facsimile or email. The Contractor must reply in writing (either by email or facsimile) to the Commission Project Manager within one working day (24 hours) to verify that the Contractor will be able to commence operations within ten (10) working days of the notice. If the Contractor does not respond within one working day, or if the Contractor is unable to commence operations within ten (10) days after receipt of the written notification by the Commission Project Manager, the Commission will contact the Contractor submitting the second lowest price quote.

9. Purchase Orders will be issued for each project and must be fully approved before any work begins. The Purchase Order will contain the project Scope of Work including any addendum maps or notes resulting from the pre-quote site visit. It is the Contractor’s responsibility to request clarification of the work requested if necessary.

10. The Contractor may not begin work until a written Notice to proceed is issued by the Commission’s Project Manager (including email or facsimile). A valid Purchase

Order must also be issued to the Contractor before any work begins.

11. The Commission reserves the right to require a shorter period for Contractor availability in emergency or urgent situations (Appendix I).

a) Emergency: situations in which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if immediate action is not taken.

b) Urgent: situations in which would likely result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if action is not taken expeditiously.

B. Locations

Projects may be conducted on any public water body in Florida. Award status will be determined regionally in accordance with the specifications herein. Contractors are not required to respond for all regions (see Appendix II). For purposes of this RFP, the state has been divided into three regions for the purpose of providing the Contractors with an opportunity to provide responses throughout the state without having to respond on each region but are required to respond on all items within a region. Responses that do not meet this requirement will be considered non-responsive. Proposers must write “NO

RESPONSE” in the spaces provided for quote on the response forms if the proposers does not wish to submit a response for a region.

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For the purposes of this RFP, the Regions are (See Appendix II for map representation of regions):

Region 1 - Northwest Florida: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla, Jefferson, Madison and Taylor counties

Region 2 - North Peninsular Florida: Hamilton, Suwanee, Lafayette, Dixie, Gilchrist, Levy, Columbia, Baker, Union, Bradford, Alachua, Citrus, Nassau, Duval, Clay, Marion, Putnam, St. Johns, Flagler, Volusia, Seminole, Orange, Lake, Sumter, Hernando and Pasco counties

Region 3 - South Peninsular Florida: Pinellas, Hillsborough, Polk, Osceola, Brevard, Indian River, Manatee, Sarasota, Charlotte, Hardee, De Soto, Lee, Highlands, Okeechobee, Glades, Hendry, Collier, St. Lucie, Martin, Palm Beach, Broward, Miami-

Dade and Monroe counties

C. Multiple Purchase Order Contracts

The Contractor shall not enter into more than one (1) Purchase Order Contract with the Commission whose operational time frame runs concurrently with another Purchase Order Contract with the…