FWC 22.23-24 - Final RFP.pdf

Request for Proposal – Revised 5.26.2021 FWC 22/23-24, Page 1 of 62

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 22/23-24

AQUATIC PLANT MANAGEMENT IN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT –

NORTH AND SOUTH AREAS – SECONDARY CONTRACTORS

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for Secondary Contractors to provide aquatic vegetation control services, utilizing herbicides, snagging, and pushing, on eligible water bodies within the North Area and the South Area of the St. Johns River Water Management District, 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: ___________________ AREA RESPONDING FOR: North _____ OR South ______

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 9.1.2022 FWC 22/23-24, Page 2 of 62

CALENDAR OF EVENTS

FWC 22/23-24

SCHEDULE DUE DATE METHOD

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

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

Non-Mandatory Pre-Proposal Conference Call

December 8, 2022

@ 10:30 AM ET

See Pre-Proposal Conference Clause

Deadline for Questions

Must be received

PRIOR to:

December 13, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions December 16, 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:

December 29, 2022

@ 2:00 PM

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 December 29, 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 January 6, 2023 to January 20, 2023

Florida Fish & Wildlife Conservation

Commission

Anticipated Date of Intended

Award January 30, 2023

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 9.1.2022 FWC 22/23-24, Page 3 of 62

GENERAL CONDITIONS

FWC 22/23-24

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_p urchasing_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, the Sample Contract, 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 9.1.2022 FWC 22/23-24, Page 4 of 62

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $4,000,000.00.

TERM

The contract(s) will be effective for three (3) years from Contract execution.

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 for a period of 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 response 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 9.1.2022 FWC 22/23-24, Page 5 of 62

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.

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 Commiss ion’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 http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 6 of 62

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 (including which Area of the Water Management District 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 Area of the

Water Management District for which the Respondent is proposing to provide services.

Response submission should be organized as follows:

TAB A. Respondent Acknowledgment Form (Mandatory)

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

TAB B. References (Mandatory) — Attachment D

The Respondent shall complete and submit the References form enclosed herein, to provide a minimum of three (3) references for similar projects completed. Current contact names, phone numbers and email addresses shall be given. This information shall be provided on the Reference

Form, enclosed herein, and submitted with the response. The References form shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 7 of 62

TAB C. Qualifications (Mandatory)

The Respondent shall submit the following information.

1. Details on the qualifications of the Respondent, including a summary of the Respondent’s history, experience, and staffing resources with particular emphasis on aquatic vegetation control capabilities.

2. Indicate the availability of the Respondent and individuals proposed to provide the services.

3. The Respondent shall submit resumes for all individuals(s) performing work under the contract.

The Commission will only accept scanned original (issued) licenses and certifications. All licenses and certifications must be up to date and legible.

TAB D. Experience (Mandatory) — Attachment E

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

Experience shall be on Florida public water bodies (or water bodies outside Florida provided that the waters are similar in size and physiochemical parameters to those in Florida). The Contractor must have at least five (5) years of experience, in aquatic plant management services.

When completing the Experience Form, the Respondent shall give two examples of each of the following:

1. Experience conducting large scale water hyacinth or water lettuce control (25 acres or more in one (1) treatment under a one (1) day project); and

2. Large scale hydrilla control (150 or more acres in one (1) treatment under a one (1) day project);

and

3. Experience in selective control of water hyacinth or water lettuce growing amount non-target native vegetation.

TAB E. Equipment (Mandatory)

The Respondent shall submit a listing and photos of owned equipment and vehicles intended to be used under the contract resulting from this solicitation, which must, at a minimum, include airboats, outboard boats, and support vehicles. Respondent shall submit a list that includes any rented equipment to be used under the contract. The Respondent may also identify unique pieces of equipment, which could be used in accomplishing the services described in the Scope of Work. For any such unique pieces of equipment, the Respondent shall submit a photograph and a detailed description of the manner in which the equipment operates, as well as a list of uses for which the

Respondent has used this equipment to perform control operations. The equipment listed must be available for use in the Area of the Water Management District that the response is for.

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 8 of 62

TAB F. Credit Line (Mandatory)

The selected contractor must have the ability to purchase large quantities of herbicides. A $30,000.00 minimum credit line with herbicide distributors is required. The Respondent shall submit a letter from one or more distributors indicating a $30,000.00 minimum line of credit for each Area of the

Water Management District for which they are responding.

TAB G. Cost Sheets (Mandatory) – Attachment F

On the pages provide as Attachment F, the Respondent shall provide its costs for the services/equipment requested in this solicitation for the initial 3-year term of the contract and the possible 3 one-year renewal periods. The appropriate Cost Sheet must be completed in its entirety and submitted in each response submitted by the Respondent or the response shall be deemed non-responsive.

Attachment F is a detailed listing of the costs/prices for personnel, equipment, and services to be utilized under the contract resulting from this solicitation. Travel and incidental expenses shall be included in the rates provided. The Respondent shall not use this section as a supplement for providing additional technical information unless directly related to the cost or price of service. All information and data provided shall be specific and complete to support the Respondent’s cost estimate. The Respondent’s schedule of prices should disclose all relevant cost and pricing data.

NOTE: The Contractor shall be reimbursed on a cost reimbursement basis for the purchase of authorized chemicals and for any adjuvant(s) used for control services; the Contractor will only be reimbursed for the actual amount used for control services.

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.

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 9 of 62

MAILING INSTRUCTIONS

The Contractor shall submit one (1) original and one (1) electronic copy on a flash drive of each 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 G) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.

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

FWC anticipates awarding a Secondary Contractor for each Area of the Water Management District.

The award will go to the Respondent with the highest average score for the Area.

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, Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 10 of 62 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

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

Qualifications 35

Experience 35

Equipment 15

Credit Line 5

Cost 10

TOTAL: 100

Points will be awarded based on the following evaluation factors:

1. Qualifications (35 points) Evaluation of staff member experience demonstrated through the submitted resumes as it relates to their roles and the needs of this solicitation.

2. Experience (35 points)

Experience evaluated based upon examples provided in the response.

3. Equipment (15 points)

Equipment will be evaluated based upon review of documents requested.

4. Credit Line (5 points) – Must have documentation showing the ability to purchase large quantities of herbicide.

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 11 of 62

5. Cost (10 points)

Points for the Cost evaluation will be evaluated per Area of the Water Management District.

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

The Respondent submitting the lowest total cost (total for the initial 3-year term plus the possible 3 one-year renewal periods) 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 N = Proposed cost for Respondent under review

B = Number of maximum points awarded for lowest response`

C = Score awarded to Respondent 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 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.

CONTRACT

The successful Respondent’s response and the Written Agreement 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

Written Agreement as necessary to meet the requirements of this RFP.

SCOPE CHANGES AFTER PURCHASE ORDER ISSUANCE

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 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 9.1.2022 FWC 22/23-24, Page 12 of 62 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.

POST-AWARD RFP MODIFICATIONS

Any modification to the term and conditions of this RFP or the Scope of Work, after the award, which are required due to changed circumstances, shall be in the form of an Amendment. Each awarded contractor will receive via email a copy of the Amendment. Each Contractor that agrees to the changes shall provide a letter to the Commission on company letterhead stating that agreement.

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 Contract and/or Amendments by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $500.000 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 Contract 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

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 13 of 62 than the response price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed

(or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this RFP, including but not limited to equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this RFP including, but not limited to, those resulting from a

“force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a response, be on file with the Department of State in accordance with provisions of Chapter 607, Florida Statutes;

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, F.A.C., and Section 287.042(16) F.S., other State of Florida agencies may purchase from the resulting contract of this RFP, provided that the Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

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

Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

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

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

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 14 of 62

SCOPE OF WORK

FWC 22/23-24

AQUATIC PLANT MANAGEMENT IN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT –

SECONDARY CONTRACTORS

The Florida Fish and Wildlife Conservation Commission (Commission) is looking to award Secondary

Contractors (referred to as Contractor) for the St. Johns River Water Management District (SJRWMD) North and South Areas. The Secondary Contractors awarded under this RFP are not guaranteed any minimum amount of work under this RFP or the formal contract resulting from this RFP. A Primary Contractor has been awarded for services within the SJRWMD North and South Areas under a previous

RFP. The language below is the same as within the RFP used to award the Primary Contractor.

The Commission’s Site Manager will attempt to schedule services with the Primary Contractor first. The Primary Contractor has one working day (24 hours) to confirm that operations will begin within three (3) business days (or set days worked out with the Commission Site Manager). If a response from the Primary Contractor is not received the Secondary Contractor may be contacted.

A. DEFINITIONS

1. Secondary Contractor: The Contractor who has been awarded as a result of this RFP and will be second in line to be contacted for services to be performed within the SJRWMD – North or South Area.

2. Task Assignment Change Order (TACO): A formal document completed and fully executed when there is a time-period or funding change to an existing executed Task Assignment Notification.

3. Commission’s Site Manager (RBs) – Regional Biologists located in Invasive Plant Management Section offices throughout the State of Florida. Oversee treatments being conducted by

Contractors.

4. Plant Management Authorization Reporting System (PMARS) – The computer program utilized by IPM staff and Contractors to input data to generate reports, schedule treatments, track chemicals used and create invoices for aquatic vegetation services. Additional information is provided in Section K below.

5. Bump treatment – A follow-up chemical treatment.

6. Report of Operation Form - A weekly form used to report water body, plant species, chemicals used, acres treated and staff and equipment hours (Exhibit V). Submitted monthly with invoice to show cost of treatment(s) conducted. Also, referred to as a Form 454.

7. Hours – Time worked during aquatic vegetation control services to be calculated as follows: The number of individual crew members working the treatment multiplied by daily hours worked multiplied by days worked to complete treatment. Example: Four (4) individual crew members work eight (8) hours a day for three (3) days to complete a treatment, total number of hours would equal ninety-six (96).

8. Schedule of Operation – A schedule created by the RB(s) to show time-period, water body name(s), plant species, method(s) of control (chemical), acres to be treated, chemical rate(s) and notations regarding work area(s) for services to be conducted by the Contractor. The schedule is created in PMARS.

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9. Unforeseen Circumstances – Situations beyond reasonable control of the Contractor that constitutes a justification for a delay in the Contractor performing required services.

10. Technical Issues – Unforeseen equipment (hardware) or software failures that make it difficult or impossible for the Contractor to perform required action.

B. DESCRIPTION OF SERVICES

The Commission will contract with a Secondary Contractor as a result of this Request for Proposals for each of the Areas listed above. Services will be performed per RFP FWC 22/23-24 and the Contractor’s response.

Formal contracts will result from this RFP. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Commission.

The services to be performed consist of the Contractor furnishing all labor, equipment, and herbicides as described herein for the control of aquatic plants, specifically within the areas outlined and generally as needed in eligible public waters within the boundaries of the North Area and the South Area of the St.

Johns River Water Management District (SJRWMD), referred to as Areas throughout this document. See

Exhibits I and II for the listings of approved waters within each Area.

Each State fiscal year a Task Assignment Notification Form (Task) will be issued. Copies of Task

Assignment Notification Form and Task Assignment Change Order Form (TACO) are attached as Exhibits III and IV. The Task will inform the Contractor of the time-period for services to be conducted and the funding allocated for expenses during the service period. If the time-period for services or funding changes during a State fiscal year a TACO will be created and fully executed.

Once an executed contract and Task are in place, the RBs shall coordinate work by submitting a weekly

Schedule of Operations in the Commission’s Invasive Plant Management Section (IPM) Plant Management Authorization Reporting System (PMARS) application. The weekly schedule will contain, treatment locations, target plant species and acreages, control methods and any additional requirements of the treatment. It is the Contractor’s responsibility to read and understand all treatment protocols as listed in the schedule.

C. BACKGROUND

The control of aquatic vegetation is a program under the Commission’s Division of Habitat and Species Conservation, IPM. The program staff manages aquatic vegetation on approximately 465 public water bodies throughout the State of Florida. Management of aquatic vegetation involve State, Federal and Local governments and is funded by State dollars and sometimes Federal dollars. However, not Federal funds will be used under this Contract.

Contracts with private contractors were put in place where local/government agencies did not participate or have the ability to treat aquatic vegetation, or to work along with local/government agencies in maintaining aquatic vegetation.

D. SUPPORT OF COMMISSION MISSION/RETURN ON INVESTMENT

The aquatics program works to reduce the negative impacts from invasive nonindigenous plants, such as, water hyacinth, water lettuce and hydrilla to preserve approximately 465 public water bodies within Florida. The management and maintenance of aquatic vegetation is critical and key to keeping low levels of invasive aquatic vegetation to sustain navigational, flood control and recreation, while also protecting

Request for Proposal – Revised 9.1.2022 FWC 22/23-24, Page 16 of 62 native plant habitat for fish and wildlife. The Commission’s IPM Tallahassee staff and Regional Biologists work with stakeholders to identify primary uses and functions of each waterbody.

E. DELIVERABLES

1. Specific Project Deliverables & Associated Tasks

The Contractor is to provide all labor and equipment to perform monthly aquatic vegetation control services to include, applying chemicals (liquid and solid formulations) from small to moderate size areas of floating and emergent plant species, small acres of submersed vegetation, to several acres of hydrilla during large-scale management operations on eligible water bodies within the Areas’ boundaries. The Contractor may also be required to provide snagging services (cutting and removing fallen timber from navigation channels) and pushing floating mats of vegetation out of navigation channels or away from access points. Only plant species shown on the Approved Plant Species Listing (Exhibit VI) can be treated and with only the chemicals listed on the Approved Chemical Control Listing (Exhibit VII). The RBs will post a Schedule of Operations in PMARS to show services to be conducted. If services are conducted before a Task has been fully executed the Contractor may not be paid for services rendered.

2. Minimum Level of Performance

Aquatic vegetation control services and/or other services are to be conducted to maintain floating and emergent plant species, water hyacinth, water lettuce and hydrilla at the lowest feasible levels to maintain recreational and navigational areas on eligible water bodies within each Area.

Levels of control will be determined by the RBs. The RBs will create a Schedule of Operations each week in PMARS containing, treatment locations, target plant species and acreages, control methods and any additional requirements of the treatment. The Contractor must review each schedule and contact the Commission’s Site Manager if any questions regarding the services to be conducted.

The Contractor is required to have a GPS tracking system attached to each spray rig system while on a vessel, or any other spray rig being used to apply herbicides. Each system must be checked daily to capture the data necessary to verify services being conducted under the

Contract, and all Task and TACOs issued.

NOTE: The Commission may reduce payment for work shown on a 454 form by ten percent (10%) if the work does not have corresponding GPS track verification unless the Contractor has received prior approval from the Commission’s Contract Manager or Site Manager to conduct the services.

3. Documentation/Criteria Used as Evidence of Performance

a. Itemized invoice signed by the Contractor’s Contract Manager or designee.

b. If the Contractor’s Contract Manager is unavailable to sign documents, an email must be sent to the Commission’s Contract Manager stating who has been delegated to sign as the

Contractor’s Contract Manager (designee).

c. Completed and approved (signed) Report of Operation (454) forms (Exhibit V).

d. Copies of current chemical invoices showing price for products used conducting monthly contractual services. The price may include taxes paid for purchase of product, if charged.

copies of purchase orders or inventories are not considered proof of purchase or price.

e. Copies of travel documents (including email approval) if authorized travel occurred during a month of services.

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f. The Contractor is required to identify each GPS device on the form 454 to enable GPS tracks to be tied back to a specific weekly treatment.

4. Timeline for Completion

Contractual services are to be conducted monthly and within the time-period of each executed

Task issued under the executed Contract. All work shall be performed Monday through Friday between the hours of 7:00 a.m. and half (1/2) hour after legal sunset. No weekend work is authorized unless prior written (email) approval has been received from the Commission’s Site Manager. The Contractor shall be prepared to commence management operations (i.e., leave the boat ramp headed for the control site) at or before 8:00 a.m. to maximize effective work time before wind and rain can interrupt operations. Tasks will be issued at the beginning of each State fiscal year to show time-periods for services to be rendered.

F. FINANCIAL CONSEQUENCES

If the Contractor fails to meet the established minimum performance level for the specified deliverable, the Commission may reduce payment by ten (10) percent. Allowance will be made for non-compliance to minimum performance levels if the reason is due to circumstances beyond the

Contractor’s control.

Additionally, if the Contractor materially fails to comply with the terms and conditions of the Contract, including any Federal or state statutes, rules, or regulations applicable to the Contract, the

Commission may take one or more of the following actions, as appropriate for the circumstances:

1. Temporarily withhold cash payments pending corrections of the deficiency by the Contractor.

2. Disallow all or part of the cost of the activity or action not in compliance.

3. Wholly or partially suspend or terminate this Contract.

4. Take other remedies that may be legally available.

G. PERFORMANCE

1. The Contractor shall provide all labor, equipment, and chemicals for aquatic vegetation control, within the Areas, or a water body that may impact public water bodies within the Areas. The eligible public water bodies within the boundaries of the Areas on which services may be rendered are shown on the Approved Water Body Lists (Exhibits I and II). The Contractor shall work with the Commission’s Site Managers to create prescriptions for treatments.

2. Any services conducted outside the boundaries or listing must be approved by the Commission’s

Contract Manager and an executed Contract Amendment must be in place before services are to be conducted.

3. Only the plant species…