FWC 21.22-98 - RFP - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 21/22-98

LONG TERM VESSEL STORAGE STUDY

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for a study of the impacts of long-term stored vessels on local communities and this state, per the specifications contained herein. Only responsive and responsible Respondents will be considered for award of this RFP.

Responsive: To be responsive, a response must constitute a definite, firm, unqualified and unconditional offer to meet all the material terms of this RFP. Material terms are those that could affect the price, quantity, quality, or delivery.

Also included as material terms are those which are clearly identified in this RFP and which, for reasons of policy, must be complied with at risk of response rejection for non-responsiveness.

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

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

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

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: ___________________

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

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Date: _______________________________________

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 2 of 62

CALENDAR OF EVENTS

FWC 21/22-98

SCHEDULE DUE DATE METHOD

RFP Advertised April 29, 2022 Posted on the Vendor Bid System (VBS):

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

Deadline for Questions

Must be received PRIOR to:

May 17, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions

May 20, 2022 Posted on the Vendor Bid System (VBS):

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

SEALED RESPONSE DUE

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

Must be received

PRIOR to:

June 21, 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 21, 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 27, 2022 to July 12, 2022

Florida Fish & Wildlife Conservation

Commission

Anticipated Date of Intended

Award July 19, 2022

Posted on the Vendor Bid System (VBS):

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 3 of 62

GENERAL CONDITIONS

FWC 21/22-98

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 2.22.2022 FWC 21/22-98, Page 4 of 62

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective from issuance of the Purchase Order through October 31, 2023.

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

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

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

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. 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.

DEADLINE FOR QUESTIONS

Any questions from Respondents that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager identified below. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the Respondent to confirm receipt of questions if needed.

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

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

LIMITATION ON RESPONDENT CONTACT DURING SOLICITATION PERIOD

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, (note the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the

Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

VERBAL INSTRUCTION PROCEDURE

Respondents may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Respondent as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing may be considered as a duly authorized expression on behalf of the Commission.

RESPONDENT SPECIFICATION INQUIRIES

If the specifications of this Request for Proposal (RFP) could restrict potential Respondent competition, the

Respondent has 72 hours within which to request to the Commission that the specification(s) be changed.

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

RFP.

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 5 of 62

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

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

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

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

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

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

ADDENDUMS

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

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

ECONOMY OF PRESENTATION

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

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

Respondent.

RESPONDENT ACKNOWLEDGMENT

For this response to be considered responsive, the Respondent Acknowledgement Form (page 1) must be completed in its entirety, signed by the Respondent and returned as part of the response. Otherwise the response will be deemed non-responsive. By affixing your signature to the Respondent Acknowledgement Form, the Respondent hereby states that the Respondent has read all response specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Respondent will provide the Commission under these response specifications.

MANDATORY RESPONSIVENESS REQUIREMENTS FOR RESPONSE SUBMISSION

Response submission should be organized as follows:

TAB A. Respondent Acknowledgment Form (Mandatory)

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 6 of 62

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. Personnel Resources (Mandatory)

The Respondent shall submit a list of personnel resources proposed for assignment to the project. The list of personnel resources must be returned as part of the RFP response or the response shall be deemed non-responsive. The list shall include:

1. An organizational chart identifying professional title, area of responsibility, and chain of supervision of each staff member that will be involved in the projects.

2. Identify and describe any professional collaboration among the primary Respondent and additional subcontractors (business, academic or government entities.

3. Describe the unique qualifications and benefits that each collaborating entity brings to the project.

4. Identify professional interests, experience, education, credentials and skills that uniquely qualify each staff member to contribute to the project.

5. Describe how each staff member will contribute to the project.

6. Estimate the percent of time each staff member will devote to the project.

TAB D. Experience (Mandatory)

The Respondent shall submit a descriptive list of all past projects relevant to this RFP’s Scope of Work in chronological order. The Experience list must be returned as part of the RFP response or the response shall be deemed non-responsive.

1. Individual project descriptions shall be numbered and organized chronologically with the number

1 indicating the most recent project.

2. The descriptive project listing should be presented in list or bullet format and should not include lengthy narratives. Responses submitted in the descriptive list of project history should be brief and concise. Each individual project description should be no longer than one page in length unless additional pages are absolutely necessary to convey important information.

3. The list of experience shall include: Vendor Name, Project Name, Project Client Name, Location of Study, Project Description, Project Duration, Name of Subcontractors, and Services Provided.

TAB E. Samples of Previous Project Reports (Mandatory)

The Respondent shall submit up to, but not to exceed, three (3) examples of final project reports or executive summaries from a relevant project that the Respondent completed within the past 10 years for evaluation. Submission of final project reports or executive summaries documents shall include a cover page identifying name of the Respondent and listing titles of each document submitted for evaluation. Samples of previous project reports must be returned as part of the RFP response or the response shall be deemed non-responsive.

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 7 of 62

TAB F. Technical Response (Mandatory)

The Respondent shall provide a written technical response that clearly demonstrates the methodology proposed for conducting a study to meet the three legislatively mandated objectives as stated in the scope of work. The Technical Response shall clearly demonstrate the Respondent’s understanding of and proposed approach to address each component of the scope of work as listed below. The Technical

Response must be returned as part of the RFP response, or the response shall be deemed non-responsive.

1. Background

2. Study Objectives

3. Study Approach

4. Study Timeline

5. Study Area

6. Assistance from FWC

7. Study Report, Executive Summary, PowerPoint Presentation and Appendices

8. Deliverables

TAB G. Price Sheet (Mandatory) – Attachment E

The Respondent shall provide a lump sum price for each item on the Price Sheet provided as Attachment

E. The prices must include all things necessary to complete the project as described in this solicitation and the Respondent’s response hereto. The Cost Sheet shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive.

TAB H. 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.

TAB I. Addendum (if applicable)

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

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 2.22.2022 FWC 21/22-98, Page 8 of 62 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 Respondent shall submit one (1) original and four (4) electronic copies each on a separate flash drive of their response in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing 1875 Orange Avenue East

Tallahassee, Florida 32301

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

OF THE RESPONSE OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES .

SOLICIATION PUBLIC OPENING

The public opening of this RFP will be conducted at the date, time and method specified in the Calendar of Events (Page 2) . RESPONSES RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE

REJECTED.

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

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

Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score. Respondents must score at least 1000 points to be considered for award.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 9 of 62

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

Presentation and Quality of Response to RFP 150

Personnel Resources 200

Experience 200

Samples of Previous Project Reports 200

Technical Response 550

Cost 200

TOTAL: 1500

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

1. Presentation and Quality of Response to RFP (150 points)

Quality, presentation, clarity, and completeness of responses will be evaluated.

2. Personnel Resources (200 points) Personnel resources will be evaluated based upon number of staff, location of staff, staff expertise, and level of collaboration.

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 10 of 62

3. Experience (200 points) The list of past projects will be evaluated based upon scope of the projects, number of projects, and relevance to this RFP.

4. Samples of Previous Project Reports (200 points) Previous reports will be evaluated based on the Respondent’s examples of past reports or written summaries and to what degree these examples present information from studies of similar complexity as this study.

5. Technical Response (550 points)

Technical response will be evaluated based on the presentation of the Respondent’s methodology and approach to conducting the study and meeting the Legislative mandates.

6. Cost (200 points)

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

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

Formula for Cost Factor:

𝐴 ÷ 𝑁× (𝐵) = 𝐶

A = Lowest total proposed cost (including renewals) N = Proposed cost for Respondent under review

B = Number of maximum points awarded for lowest response

C = Score awarded to next lowest cost

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

POSTING OF RESPONSE TABULATION

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

Department of Management Services Vendor Bid System as a Public Notice. The Agency Decision may be viewed at http://vbs.dms.state.fl.us/vbs/main_menu, and will remain posted for a period of 72 hours.

Failure to file a protest within the time prescribed in Section 120.57(3)(b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Awarded Respondents are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission.

A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

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.

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 21/22-98, Page 11 of 62

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.

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 $1,000.00 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.

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 12 of 62 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.

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

Request for Proposal – Revised 2.22.2022 FWC 21/22-98, Page 13 of 62

SCOPE OF WORK

FWC 21/22-98

LONG TERM VESSEL STORAGE STUDY

I. PURPOSE

The Florida Fish and Wildlife Conservation Commission is seeking a qualified vendor with subject matter expertise, experience, and appropriate resources to conduct a study of the long-term storage of vessels on waters of the state of Florida in order to recommend options to mitigate negative impacts on local communities and the state of Florida.

II. BACKGROUND

The number of boats in Florida waterways continues to grow at a fast pace. Boating is extremely popular with residents and visitors, and Florida is home to significant numbers of boating-related businesses and communities. Boating provides many benefits to local communities and the state.

However, the long-term storage of vessels at anchor, outside of managed mooring fields, can result in negative impacts to local communities and the state, especially during and after significant tropical storm and hurricane events. In recent years, the numbers of vessels anchored on public waterways for extended periods of time have increased significantly. In addition, the numbers of vessels abandoned on public waterways or found to be derelict on the waters of the state have increased significantly. In most cases, local communities and the state must bear the cost of removing and disposing of these abandoned and derelict. Management policy for storing vessels on the public waterways of Florida for extended periods of time has a long and evolving history. A comprehensive solution for facilitating use of the waterways, while effectively mitigating negative impacts of derelict and abandoned vessels is the goal of all local communities and the state.

As used in this solicitation and the resulting study and report, the following terms have the following meanings:

“Derelict vessel” means a vessel, as defined in s. 327.02, that is:

1. In a wrecked, junked, or substantially dismantled condition upon any waters of this state.

a. A vessel is wrecked if it is sunken or sinking; aground without the ability to extricate itself absent mechanical assistance; or remaining after a marine casualty, including, but not limited to, a boating accident, extreme weather, or a fire.

b. A vessel is junked if it has been substantially stripped of vessel components, if vessel components have substantially degraded or been destroyed, or if the vessel has been discarded by the owner or operator. Attaching an outboard motor to a vessel that is otherwise junked will not cause the vessel to no longer be junked if such motor is not an effective means of propulsion as required by s. 327.4107(2)(e) and associated rules.

c. A vessel is substantially dismantled if at least two of the three following vessel systems or components are missing, compromised, incomplete, inoperable, or broken:

(I) The steering system;

(II) The propulsion system; or

(III) The exterior hull integrity.

Attaching an outboard motor to a vessel that is otherwise substantially dismantled will not cause the vessel to no longer be substantially dismantled if such motor is not an effective means of propulsion as required by s. 327.4107(2)(e) and associated rules.

2. At a port in this state without the consent of the agency having jurisdiction thereof.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.02.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.4107.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0327/Sections/0327.4107.html

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3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property.

“Long-term stored vessel” means a vessel on the waters of the state of Florida which is not under the supervision and control of a person capable of operating, maintaining, or moving it from one location to another and which has remained anchored or moored outside of a public mooring field for at least 30 days out of a 60-day period.

The terms vessel and boat are used interchangeably herein and have the same definition as provided for

“vessel” in section 327.02, Florida Statutes.

III. GENERAL REQUIREMENTS

A. Project funding is provided by the American Rescue Plan Act (ARPA) of 2021 and is subject to the terms and conditions stated in Section 7, Federal Funds, of the Purchase Order Terms &

Conditions (Attachment A).

B. Successful Respondent (Contractor) must have a valid DUNS or Unique Entity Identifier Number

(UEI) registered with the Federal System for Award Management (SAM) prior to any work being issued via Purchase Order.

IV. STUDY OBJECTIVES

The study shall address the following three objectives as required by Florida Statute 327.4109(6)(c).

A. Investigate whether, and to what extent, long-term stored vessels and vessels anchored or moored outside of public mooring fields for more than 30 days contribute to the number of derelict and abandoned vessels on the waters of the state. [Florida Statute 327.4109(6)(c)1.]

B. Investigate the impacts of long-term stored vessels, vessels anchored or moored outside of public mooring fields for more than 30 days, and vessels moored within public mooring fields on the local and state economies; public safety; public boat ramps, staging docks, and public marinas; and the environment during and after significant tropical storm and hurricane events. [Florida Statute

327.4109(6)(c)2.]

C. Provide recommendations for appropriate management options for long-term stored vessels and vessels anchored or moored outside public mooring fields for more than 30 days to mitigate any identified negative impacts to local communities and this state. [Florida Statute 327.4109(6)(c)3.]

V. STUDY APPROACH

A. Investigations towards study objectives should focus on collection and analysis of factual evidence. Factual evidence can be collected from, for example, financial records, agency records, agency databases, agency reports, scientific reports, aerial and satellite imagery, ground level photography and video, and field observations. Other sources may be used, as well. Factual evidence can be identified and obtained from subject matter experts at the state, county and municipal levels of government. Subject matter expert testimony can augment factual evidence when the expert and their credentials are documented. Anecdotal information and opinions are not factual evidence. The recommendations for appropriate management options derived from the study must be supported by factual evidence and subject matter expert knowledge.

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B. In development of recommendations for appropriate management options, the study should consider both current and potential legislation, laws, statutes, and rules and programs impacting the anchoring and storage of vessels on waters of the state and within public mooring fields.

This includes, but is not limited to, prevention of derelict vessels, disposal of derelict vessels, abandoned vessels, and potential enhancement of existing public mooring field capacity. An analysis of other studies as well as litigation involving these laws should be included.

VI. STUDY TIMELINE

The study shall be completed, and a final report submitted to the Florida Fish and Wildlife

Commission on or before September 15, 2023. The timeline and due date for the final report cannot be extended.

VII. STUDY AREAS

A. This study, in addition to studying public mooring fields throughout the State, will focus on select waters of the State of Florida identified by the Fish and Wildlife Conservation Commission as having large concentrations of long-term stored vessels (herein called “priority focus areas”).

Priority focus areas for consideration by this study consist of 1) Bay county, 2) Pinellas county,

3) Lee county, 4) Monroe county, 5) Miami-Dade county, 6) Brevard County, and 7) Duval county.

The study may analyze and include additional areas in the State, such as mooring fields located outside the priority focus areas but must include the priority focus areas. Recommended options to mitigate negative impacts on local communities and the State of Florida shall apply to the entire state. Although regional approaches to management options may be recommended if supported by factual evidence.

1. Exhibit I is a map depicting the geographic distribution of the priority focus areas.

2. Exhibit II is a map depicting the geographic distribution of approximately 100 locations throughout Florida that are continuously used for long-term storage of numerous vessels at anchor. The Florida Fish and Wildlife Conservation Commission has also documented an additional 400 locations less frequently used for long-term storage of vessels.

3. Exhibit III provides a list of public and private mooring fields accessible to recreational boaters.

a) There are presently 24 publicly-accessible mooring fields of varying capacity within the State.

b) An additional 1 publicly-accessible mooring field is permitted but might not be constructed before completion of the study.

c) An additional 2 publicly-accessible mooring fields are in the discussion stage and will most likely not be constructed before completion of this study.

d) There are 6 private mooring fields operated for restricted use by patrons or riparian residents.

e) Four of these 6 private mooring fields are very small and are not always in operation.

This information is subject to change.

4. Exhibit IV is a map depicting the geographic distribution of public and private mooring fields accessible to recreational boaters as listed in Exhibit III.

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B. Exhibit V is a map depicting the geographic distribution of anchoring limitation areas presently implemented in Florida. Additional anchoring limitations areas could be enacted by the Florida legislature or local municipalities prior to completion of this study.

VIII. ASSISTANCE FROM FWC

At the Contractor’s request, FWC will provide assistance facilitating the identification and collection of pre-existing factual evidence pertinent to the study. Such assistance will be within FWC’s existing resources, and FWC will have sole discretion as to whether it is able to provide the requested assistance. The Contractor shall not rely on FWC assistance to complete the study and must undertake additional methods of acquiring the necessary evidence in order to complete a thorough study and to make recommendations for appropriate management options.

A. Assistance from FWC may include identification of agencies, agency staff and subject matter experts within the primary focus area that might have knowledge, information, or data pertinent to the study.

B. Assistance from FWC may include providing access to FWC staff that might have knowledge, information, or data pertinent to the study.

C. Facilitation from FWC may consist of advance communications with subject matter experts to introduce the study and contractor to subject matter experts, follow up communications with subject matter experts in order to solicit data, and FWC participation in telephone, virtual or on-site meetings with subject matter experts. Contractor will ultimately be responsible for interviewing subject matter experts, identifying pertinent data, and organizing/storing data for analyses.

D. Assistance from FWC may also entail providing access to pre-existing GIS datasets within FWC’s access or control and which are pertinent to the study.

IX. FINAL STUDY REPORT, EXECUTIVE SUMMARY, POWERPOINT PRESENTATION AND

APPENDICES

C. The final study report shall be based upon factual evidence collected through interviews with staff from FWC, other state agencies, county agencies and municipal agencies; data and reports obtained from these agencies; scientific literature; field studies; site visits; financial analysis;

cost benefit analysis; general communications; or other evidence as stipulated within the original mandatory responsiveness requirements.

D. The final study report shall be a technical document describing the need, purpose, methods, findings and recommendations of the study. The main body of the report shall provide a comprehensive explanation of the study, its components, its findings, the significance of the findings, and the most effective management strategies for stakeholders to consider. Detailed descriptions of processes, methods, analyses, and results shall be contained in appendices to the report.

E. The executive summary shall be an abridged version of the final study report intended to showcase the study. The executive summary is a stand-alone document that provides a quick understanding of the project while focusing on the most salient findings, the significance of those findings, and the most effective management strategies recommended.

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F. A Microsoft PowerPoint presentation shall be produced by the Vendor for the purpose of review at the final project meeting. A draft of the PowerPoint presentation will be provided to FWC technical project management staff for review no later than 15 days prior to the due date for the final report. The PowerPoint presentation shall be 30 to 45 minutes in duration. It shall include findings and recommendations of the study, the significance of the findings, and specific appropriate management options for long-term stored vessels and vessels anchored or moored outside public mooring fields for more than 30 days resulting from and supported by the study.

G. Production of the final study report, executive summary, and appendices shall be done with opportunity for FWC technical project management staff to review and provide editorial comment. This process shall include submission of a draft report which FWC technical staff shall have no less than 30 days to review prior to a draft report meeting whereby FWC technical staff will discuss any additional edits needed to the draft report.

H. Final versions of all documents and the final study report shall be submitted in time for review and final acceptance no later than 15 business days prior to closure of the project. A final project meeting shall be held between the Contractor and FWC staff. The purpose of the meeting is to review the findings and discuss the recommendations presented within the final report and presented through the PowerPoint presentation to FWC senior management and technical staff.

I. Acceptance of recommendations for management options. The final study report, executive summary, appendices, PowerPoint presentation and recommendations are products prepared for

FWC. Acceptance by FWC of the deliverables for this project does not constitute agreement with the recommendations for appropriate management options for long-term stored vessels and vessels anchored or moored outside public mooring fields for more than 30 days to mitigate any identified negative impacts to local communities and this state that are presented and recommended by contractor. The FWC maintains sole authority for rejecting, presenting, or modifying the contractor’s recommendations as potential management options when making its report to the Legislature.

X. DELIVERABLES

A. Kick-Off Meeting

Shall include the meeting agenda, sign-in sheet, meeting minutes, action items list, and an estimated two (2) follow-up conference calls.

B. Investigation

The Contractor shall be responsible for thorough investigation to support the projects objectives, which shall include identification, collection and analysis of factual evidence collected through interviews with staff from FWC, other state agencies, county agencies and municipal agencies;

data and reports obtained from these agencies; scientific literature; field studies; site visits;

financial analysis; cost benefit analysis; general communications, and other sources as stipulated within the original mandatory responsiveness requirements. To the greatest extent reasonably possible, and within FWC’s discretion, FWC will attempt to facilitate the identification and collection of factual evidence when the Contractor requests.

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