FWC 22.23-68 Commercial Saltwater Trap Tags.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 22/23-68

COMMERCIAL SALTWATER TRAP TAGS

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses for saltwater trap tags to be attached to traps utilized for commercial harvesting of spiny lobsters, blue crabs, and stone crabs for continued fisheries management, 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, firm, 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 11.4.2022 FWC 22/23-68, Page 2 of 67

CALENDAR OF EVENTS

FWC 22/23-68

SCHEDULE DUE DATE METHOD

RFP Advertised January 12, 2023 Posted on the Vendor Information Portal (VIP)

Deadline for Questions Must be received

PRIOR to:

January 24, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions February 7, 2023 Posted on the Vendor Information Portal (VIP)

SEALED RESPONSE DUE

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

Must be received PRIOR to:

March 8, 2023

@ 2:30 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 March 8, 2023

@ 2:30 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

March 14, 2023 to

April 11, 2023

Florida Fish & Wildlife Conservation Commission

Anticipated Date of Intended Award April 18, 2023 Posted on the Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 3 of 67

GENERAL CONDITIONS

FWC 22/23-68

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 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 11.4.2022 FWC 22/23-68, Page 4 of 67

PROCUREMENT MANAGER

Ashley Strickland Ashley.Strickland@MyFWC.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project, including the initial term and renewal term, of $2,500,000.00.

TERM

The contract will be effective five (5) years upon receipt of first order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor may request in writing an extension of Completion Date. The Project Manager and Contract Manager will review the extension request and if they determine it is justified, will forward to the Bid Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

RENEWAL

The Commission has the option to renew this Contract on a yearly basis for a period up to five (5) 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.

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

mailto:Ashley.Strickland@MyFWC.com mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 5 of 67

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.

DEADLINE FOR QUESTIONS

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

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal.

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.

RESPONDENT SPECIFICATION INQUIRIES

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

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

RFP.

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

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

It is up to the Respondent to ensure that everything is included as required by the Commission’s Purchasing Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. Response packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488- 6551. Please have solicitation number and Respondent information available when requesting any information.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Respondent questions during the solicitation period, an addendum shall be posted on the Vendor Information Portal website. Each Respondent is responsible for monitoring the Vendor https://vendor.myfloridamarketplace.com/

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 6 of 67

Information Portal for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Respondent’s failure to obtain the information made available through the Vendor Information Portal.

ECONOMY OF PRESENTATION

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

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

RESPONDENT ACKNOWLEDGMENT

For this response to be considered responsive, the Respondent Acknowledgement Form (page 1) must be completed in its entirety, 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.

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

TAB C. Project Plan (Mandatory) The Respondent shall submit samples of each tag option proposed and include a detailed overview of each option submitted that describes the proposed tag type and demonstrates an understanding of the needs of the Commission. The Project Plan shall be organized, comprehensive, and returned as part of the RFP response or the response may be deemed non-responsive. Proposals may be submitted for one, two, or all tag types listed in the scope of work (blue crab, stone crab, spiny lobster). Proposals for tags only without fulfillment of orders to customers will be accepted.

1. Approach/Demonstration of Understanding Respondents shall submit a response detailing how the tasks identified in this RFP will be accomplished and explain why the Respondent is most qualified to provide these services.

The response shall include an overview of the proposed approach to tag production and

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 7 of 67 fulfillment of orders to customers, including packaging, shipping, and tracking, if order fulfillment is included in proposal. Respondents may submit proposals for all tag types and fulfillment or tags only (one, two, or all three tag types). Proposal may be awarded to multiple vendors, but preference will be given to proposals that include tag production and order fulfillment directly to customers. Vendors shall also include the following:

a. Approach or plan for providing deliverables:

Vendor shall propose a methodology for tag production including a timeline from receipt of order from the Commission to delivery. Proposals shall include shipping carrier(s) to be used whether tags will be shipped to customers directly or in bulk to the Commission.

For proposals including order fulfillment, vendor shall also include the methodology and timelines for order packing and shipping orders directly to customers on behalf of the Commission including the submission of tracking numbers to the Commission for orders shipped to customers. All proposals shall include steps to replace lost shipments, whether tags are shipped directly to customers or directly to the Commission, and all proposals shall also include steps to replace damaged or faulty tags. The methodology should demonstrate an understanding of the project and its objectives.

b. Proposed plan:

List proposed plan elements and content (include examples and/or templates).

Elements should include, but are not limited to, those listed below in the Scope of Work such as tag samples, communication timelines with the Commission (and Commission customers for proposals with fulfillment), points of contact, project staff, and resolution of potential tag issues (i.e., broken tags, replacement/rush orders, etc.). Detailed descriptions of each tag sample provided with the proposal, how each will meet the needs of the Commission, and tag durability should be included.

Pictures of the samples provided with the response shall be included with the plan.

2. Sample Requirements Respondents shall provide the following in their project plan:

a. Provide physical samples of each tag option proposed printed with “FWCC Test Tag”.

Provide as many tag options/samples as determined to be necessary to show materials/size/shape options, colors, functionality, and durability of tags but a minimum of 15 sample tags of each tag option shall be provided. The Commission may place samples on a trap.

TAB D. Cost Sheet (Mandatory) — Attachment E Respondent shall complete the Cost Sheet provided herein to list the price per tag, each tag type and/or option/addition/enhancement proposed. Cost sheets shall include all costs to be billed to the Commission and list any discounts for bulk purchases. Attach additional cost sheet(s) as needed based on the proposed options. Pricing must be included for both the initial term and each renewal year. Proposals may be submitted for one, two, or all tag types listed in scope of work (blue crab, stone crab, spiny lobster). Proposals for tags only without fulfillment of orders to customers will be accepted.

TAB E. Addendum (if applicable)

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 8 of 67

CONFIDENTIALITY/PUBLIC RECORDS LAW

Respondents are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records (e.g., section 119.07, F.S.). If a Respondent considers any portion of the documents, data or records submitted in their Response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Respondent must mark the document as “Confidential.” The Respondent shall also provide the Commission with a separate PDF redacted copy of its Response and briefly describe in writing the grounds and specific legal citations for claiming exemption from public records law. This redacted copy shall contain the Commission’s solicitation name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret or otherwise not subject to public disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority. If after the notice of intended decision or thirty (30) days after response opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide the Redacted Copy to the requestor. If the Respondent fails to properly indicate any material enclosed in their Response is confidential, the Commission is authorized to produce documents, data or records in their entirety as submitted to the Commission in answer to a public records request. The Commission will endeavor to provide notice to the Respondent of all public records requests received related to documents provided by the Respondent that were marked pursuant to this paragraph. In no event shall the Respondent hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of information submitted in response to this solicitation.

MAILING INSTRUCTIONS

The Contractor shall submit six (6) original paper copies and six (6) separate electronic copies (on flash drive) of their response in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission Attn: Purchasing 1875 Orange Avenue East Tallahassee, Florida 32301

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

OF THE RESPONSE OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICIATION PUBLIC OPENING

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

REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any response documents or the attendance at any related meeting or response opening. If

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 9 of 67 accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

SELECTION AND EVALUATION OF RESPONSES

An evaluation committee consisting of five (5) Commission representatives with collective knowledge and experience related to the solicitation’s program area will independently evaluate and score each Respondent’s response. The Evaluation Criteria Scoring Sheet (Attachment 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 70 points per work type to be considered for award.

GENERAL EVALUATION CRITERIA

General evaluation criteria include the following:

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

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

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

b. fail to utilize or complete prescribed forms; or

c. have improper or undated signatures.

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

A NON-RESPONSIVE RESPONSE WILL NOT BE CONSIDERED.

EVALUATION SCORING FACTORS

Scoring criteria include:

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

EVALUATION FACTOR MAXIMUM POINTS AVAILABLE

Presentation and Quality of Response to RFP 10 Experience 10 Work Product (Tag) Samples 25 Approach and Understanding of Need 25 Cost 10

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 10 of 67

Order Fulfillment to Customers on Behalf of the Commission 20

TOTAL: 100

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

1. Presentation and Quality of Response to RFP (10 points) Quality, completeness, level of detail, and organization of response for ease of review by Commission staff.

2. Experience (10 points) Experience evaluated based upon experience with similar projects, engagements, and technical areas.

3. Work Product Examples (25 points) Tag samples will be evaluated based upon requested proposed specs. The number of samples required to be submitted by Respondents is detailed in the Scope of Work, Response Requirements section below. Organization of samples provided, including description, instructions on use (if applicable), etc. will be evaluated.

4. Approach and Understanding of Need (25 points) Written responses and tag samples will be evaluated based on the Respondent’s understanding of the Commission’s need for trap tags and their completeness in providing options in their response.

Details on order production and fulfillment should be included and detailed in this section.

5. Cost (10 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.

6. Order Fulfillment to Customers on Behalf of the Commission (20 points) Proposals that include production of tags and order fulfillment directly to customers, i.e., packing and shipping of tag orders directly to customers on behalf of the Commission, are preferred. Only proposals inclusive of tag production and order fulfillment shall receive points from this section.

Formula for Cost Factor:

𝐴𝐴 ÷ 𝑁𝑁 × (𝐵𝐵) = 𝐶𝐶

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.

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 11 of 67

POSTING OF RESPONSE TABULATION

Response Tabulation, with recommended award, will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed on the Vendor Information Portal, 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 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 formal contract amendment.

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.

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 11.4.2022 FWC 22/23-68, Page 12 of 67

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 $100.00 per calendar day and per customer order delayed. All liquidated damages assessed after the agreed to delivery date will include every day of the week (weekdays and weekends). 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.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the Commission.

Production and delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with production and delivery and shall assume full responsibility for all item(s) lost during delivery or damaged prior to the F.O.B. destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s) at no additional cost to the Commission or its customers Costs of returning the original product(s) will be the sole responsibility of the Contractor.

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 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

Request for Proposal – Revised 11.4.2022 FWC 22/23-68, Page 13 of 67 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 21/22-95, Page 14 of 62

SCOPE OF WORK

FWC 22/23-68

COMMERCIAL SALTWATER TRAP TAGS

PURPOSE

FWC is seeking to procure saltwater trap tags to be attached to traps utilized for commercial harvesting of spiny lobsters, blue crabs, and stone crabs for continuation of fisheries management.

Under the current contract for the 21/22 fiscal year (July 1, 2021 – June 30, 2022), the Commission ordered

1.75 million trap tags (approximately 297,000 blue crab tags, 452,000 spiny lobster tags, and 1 million stone crab tags). Orders were sent to the current vendor weekly in varying quantities and shipped to customers directly by the vendor, on behalf of the Commission, to delivery locations across the State of Florida, with a few orders delivered to neighboring southeastern states. Continued vendor fulfillment is preferred by the Commission. Respondents may propose pricing for all tag types and fulfillment or tags only (one, two, or all three tag types). Proposal may be awarded to multiple vendors, but preference will be given to proposals that include production of all tag types and include order fulfillment.

Trap tags are attached to traps which are stacked in a “trap yard” or stored on boats for long periods of time, exposed to harsh weather conditions, including high heat, wind, and rain, and roughly handled when stacking and moving. Traps with affixed tags are then submerged in saltwater for up to 24 months.

Durability of the tags and readability of the printed information on each prior to, during, and after submersion in saltwater is of utmost importance.

The Commission has historically required tags to be attached flat against the slats (horizontal wood or plastic boards that construct the traps) of lobster and stone crab traps to reduce the damage, breakage, and loss of tags (images of current trap tag examples, and various methods to affix tags are shown below).

Lobster traps are wooden traps, stone crab traps are wire and plastic, and blue crab traps are metal wire traps. Blue crab tags are currently the only tags attached using a looping mechanism through the trap.

1. TRAP TAG TYPES

There are three (3) tag types and trap types:

1. Stone crab (plastic or wire) represents endorsement type X

2. Blue crab (wire) represents endorsement types VHI, VHO, VS, and VN

3. Spiny lobster (wooden) represents endorsement type C

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Figure 1. Stone crab, plastic trap - Standard plastic stone crab trap measurements: 16" x 16" x 12" Stone crab, wire trap - Standard wire stone crab trap measurements: 20” x 20” x 20”

Figure 2. Blue crab trap (wire trap): Standard wire blue crab trap measurements: 24" x 24" x 24

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Figure 3. Spiny lobster trap (wooden trap): Standard wood lobster trap measurements: 15 in. x 22 in. x 32 in.

Figure 4. Trap Stacking (image 1)

Figure 5. Trap Stacking (image 2)

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Figure 6. Trap Stacking (image 3)

Figure 7. Trap Stacking (image 4)

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Table 1. Tag Types

Tag Type Estimated Number of Tags

Estimated Number of Deliveries

Endorsement Type/Code

Lobster (C)

455,000

C

Stone Crab (X)

1,060,000

X

Blue Crab Hard Shell- Inshore (VHI)

225,000

VHI

Blue Crab Hard Shell- Offshore (VHO)

58,000

VHO

Blue Crab Soft Shell

(VS)

15,000

VS

Blue Crab Non- Transferable (VN)

2,500

VN

Estimated Total Number of Tags Ordered Per Year: 1,815,500

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2. REQUIRED SPECIFICATIONS:

2.1. Tags shall be made of durable material that can be attached to any trap and remain affixed for the required period herein.

2.2. Tags must securely attach to the trap and shall be able to remain intact and readable in harsh conditions such as saltwater, sun, harsh current, direct sunlight, abrasion/contact with rocks/coral/boats, high temperatures and Florida weather for a minimum of 24 months. Tags shall not peel, break, split, crack, fade or have any printed information become illegible or tags non-functional.

2.3. Tags must be able to withstand trap stacking, where tags are attached to traps that may contain cement weights and then stacked by the hundreds. Stacked traps are often left outside for weeks in the Florida elements prior to submersion in saltwater. See pictures provided herein.

2.4. Flat attachment to traps for all tag types is preferred due to external abrasive contact with rocks, coral, and boats unless a solution can be provided for tags that do not attach flat to traps that can withstand the aforementioned conditions and species interference. Lobster and stone crab trap tags have historically been required to be attached to the outside of the traps as tags that are plastic and enter the traps may be chewed by lobsters and stone crabs and separated from the trap.

2.5. Tags shall not interfere in any way with the operation of the traps.

2.6. Each tag shall have the following identifying information printed on it:

2.6.1. FWCC

2.6.2. State fiscal year (e.g., 22/23) – Florida fiscal years start July 1st and end June 30th of following year.

2.6.3. Customer Endorsement Information (e.g., VHI-123456)

a. Each tag will have printed the unique customer endorsement number which shall begin with the endorsement type followed by a dash (“-“) and up to 8 alpha/numeric characters.

2.7. Information printed on each tag shall survive, and be readable/functional, in Florida marine conditions (saltwater, sun, harsh current, direct sunlight, abrasion/contact with rocks/coral/boats, high temperatures and extreme Florida weather) for a minimum of 24 months. At no point can the printed material on the tag become illegible. Darker tag colors have historically shown the least UV fading and best durability for printed information.

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2.8. Tags are preferred to be a different color from the preceding year for ease of inspection and identification by law enforcement, but not required. If alternating colors are proposed, all tag types for a given year may be the same color (ex: blue crab, stone crab and spiny lobster tags for FY 20/21 may all be navy). Historical tag colors by tag type and state fiscal year are listed below.

FY C-Spiny Lobster X- stone crab VHI, VS, VN VHO

2018-19 white light blue yellow red tags with white heat stamp

2019-20 pink gray royal blue white tags with black heat

2020-21 yellow lime green red/white HS pink tags with black heat

2021-22 red beige white green tags with white heat

2.9. Tags shall be designed to be easily separated, such as ‘punched’ or ‘nicked’ between, for easy separation by customers and/or Commission staff. If order fulfillment to customers is included in proposal, tags of multiple quantities fulfilled to the same customer shall be separated, sorted, and bundled prior to shipping.

2.10. No duplication of tags with the same specified language or intent shall be manufactured without express written authorization by the Commission.

2.11. Production of tags shall be conducted under conditions of absolute security for complete accountability of tags produced.

2.12. Production and delivery time frame for proposals including fulfillment to customers directly on behalf of the Commission. (Order fulfillment, including packing, shipping, mailing, submission of tracking numbers to the Commission, and addressing delivery related issues is preferred but not required.)

2.12.1. Orders are currently sent to vendor weekly in varying quantities and tags are produced and shipped to customers directly within fifteen (15) business days of vendor receipt of order, excluding holidays. Orders are shipped by the current vendor to delivery locations across the State of Florida and a few neighboring southeastern states.

2.12.2. Shipping method must result in delivery to customer within five (5) calendar days and tracking numbers for all orders shipped must be provided to the Commission. The Commission will not remit payment for orders where tracking numbers have not been provided and/or tags have not been or cannot be verified as delivered to customers.

2.12.3. The vendor is responsible for the delivery of the tags to the customer and for replacing any tags that are lost in transit, tags that are faulty, tags that are incorrectly produced, tags that break or arrive broken, or tags that do not meet the specifications herein. The vendor shall replace such tags at the vendor’s expense, including expedited production of tag replacements and shipping.

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As tags are shipped, the vendor shall report shipped orders to the Commission’s Contract Manager and/or designated point of contact(s) weekly via email, listing each customer’s name, endorsement type/number, order number, shipping date, quantity shipped, and shipping tracking information.

3. INVOICES

3.1. Vendor shall submit invoices to the Commission monthly, by the 10th calendar day of the following month, for all fees due.

3.2. Invoices must be legible and must clearly reflect the goods or services that were provided in accordance with the terms of the Contract for the invoice period. Each invoice shall include the Commission Contract Number and the Contractor’s Federal Employer Identification (FEID) Number. Invoices may be submitted electronically to the attention of the Commission’s Contract Manager. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre audit and post audit thereof. Contractor acknowledges that the Commission’s Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses.

3.3. Monthly invoices shall only include tag orders where tracking numbers have been provided to the Commission and tags have been shipped and delivered. For proposals including fulfillment, delivery shall be to customers and for proposals without fulfillment directly to customers, delivery shall be to the Commission. Invoices cannot be processed for orders that have not been delivered or orders for which the shipping/tracking information has not been provided to, received by, and/or verified as delivered by the Commission.

3.4. Invoices shall summarize the total quantity of tags invoiced by tag type, tag fiscal year, price per tag, and total amount due.

A. Each order submitted to the vendor has a date referred to as the “FWC Order Date”. Each invoice submitted for payment shall include a separate detail tab/sheet that lists each “FWC Order Date”, tag type, the quantity of each tag type invoiced, and each endorsement number (provided by FWC with each order). The sum of tags by tag type on each invoice detail should sum to and reconcile with the invoice summary.

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ATTACHMENT A

FWC 22/23-68

VENDOR CONTRACT

STATE OF FLORIDA

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

FWC Contract No. FWC Request for Proposal

This contract is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter “Commission” or “FWC,” and Contractor Name, Contractor FEID, whose address is Contractor Address, hereinafter “Contractor,” collectively, “Parties”.

INTRODUCTORY CLAUSES

The Commission and Contractor intend to partner together to Enter a brief project/service description;

The Commission has awarded this Contract pursuant to the requirements of Sections 287.057, Florida Statutes (F.S.); and Such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare.

TERMS OF THE CONTRACT

The Commission and the Contractor, for the considerations stated in this Contract, agree as follows:

Section 1. PROJECT DESCRIPTION.

The Contractor shall provide the services and products, and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and…