FWC 22.23-88 ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-88

SPINY LOBSTER AND STONE CRAB TRAP RETRIEVAL PROGRAM

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for the administration, labor, and equipment necessary to retrieve spiny lobster and stone crab traps from state waters, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. 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 ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this ITB in any way, does not contain all the properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price Sheet may be considered nonresponsive at the discretion of the 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 bid. The Commission reserves the right to use any information, whether supplied through the Bidder’s submission or otherwise obtained, in determining responsibility.

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

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: ___________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety.

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 2 of 52

CALENDAR OF EVENTS

FWC 22/23-88

SCHEDULE DUE DATE METHOD

Bid Advertised February 22, 2023 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received PRIOR to:

March 7, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions March 13, 2023 Posted on the Vendor Information Portal

SEALED BIDS DUE

(REMEMBER: The bid number should be clearly marked on envelope)

Must be received PRIOR to:

March 24, 2023

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission

Attn: Purchasing

1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening March 24, 2023

@ 2:00 PM ET

Public Opening Options for Attendance:

-In Person- 1875 Orange Ave E

Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended

Award April 4, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 3 of 52

GENERAL CONDITIONS

FWC 22/23-88

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 Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid 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 Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder 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.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid 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 Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder 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 bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 4 of 52

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective from July 1, 2023 through June 30, 2024.

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

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

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

RENEWAL

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

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

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 Purchase Order. The Subcontractor Minority Status Report (Attachment B) shall be submitted with each invoice for payment.

The List of Subcontractors (Attachment C) shall be included with bid 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.

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any 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

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 5 of 52

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 Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. 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 bidder 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

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

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders 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 Commission posting the notice of intended award, (i.e., 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.

BIDDER SPECIFICATION INQUIRIES

If the specifications of this Invitation to Bid (ITB) could restrict potential Bidder competition, the Bidder 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 ITB.

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

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

Vendor Information Portal (https://vendor.myfloridamarketplace.com).

It is up to the bidder 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. Bid packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488-

6551. Please have bid number and Bidder 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 Bidder questions during the ITB period an addendum shall be posted on the

Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Bidder’s failure to obtain the information made available through the Vendor Information Portal.

https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 6 of 52

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (page 1), the Bidder hereby states that the Bidder has read all bid 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 Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

current contact names and phone numbers shall be included with the bid package. See the attached

References form for more detail.

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment D) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty (30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester. The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 7 of 52 event shall the Bidder 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

All bids shall be submitted in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission Attn: Purchasing

1875 Orange Avenue E

Tallahassee, Florida 32311-6160

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

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 .

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS 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 bid/proposal documents or the attendance at any related meeting or bid/proposal 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.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price.

If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next lowest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency

Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 8 of 52

Awarded Bidders 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 bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 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 bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

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

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

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

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

Certificate of Contract Completion form; and

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

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

NOTICE TO PROCEED

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

PERMITTING

Permitting for this project, if needed, is the responsibility of the Contractor. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

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

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 9 of 52

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid 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 ITB 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 ITB 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 bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S. 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, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, 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 ITB 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 bidder is required to examine carefully the conditions and specifications of this bid and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 10 of 52

SCOPE OF WORK

FWC 22/23-88

SPINY LOBSTER AND STONE CRAB TRAP RETRIEVAL PROGRAM

I. INTRODUCTION

Section 379.2424, Florida Statutes, authorizes the Commission to implement a trap retrieval program for the retrieval of spiny lobster and stone crab traps remaining in the water during the closed season for each species, or any time during the open season deemed appropriate by the Commission. Trap retrieval activities shall be conducted pursuant to Rule 68B-55, Florida Administrative Code, during the applicable spiny lobster and stone crab trap closure periods, or any time during the open season deemed appropriate by the Commission. Availability of funding is contingent upon an annual appropriation by the Florida Legislature.

II. CONTRACTOR RESPONSIBILITIES

The awarded Bidder (Contractor) shall conduct trap retrieval during the closed season applicable to each specific region detailed in paragraph 1 below, or any time during the open season deemed appropriate by the Commission. The following project services and operational procedures shall apply:

1. The Contractor shall administer and implement the Spiny Lobster and Stone Crab Trap

Retrieval Program and shall provide all labor and materials necessary to retrieve traps from state waters and adjacent federal waters. Unless otherwise specified by the Commission, spiny lobster trap retrieval shall be conducted between April 16 and July 23, and stone crab trap retrieval shall be conducted between June 1 and October 4; however, trap retrieval may be conducted during a period of time in which both fisheries are targeted to optimize retrieval efforts. The Contractor shall perform services within one or more of the following regions (Table

1) during spiny lobster and stone crab trap season closures that occur during the original contract term and each subsequent renewal year, or any time during the open season deemed appropriate by the Commission. See the Renewal Clause under General Conditions above for more information regarding the possible renewal of this contract after the original term.

Table 1. Spiny Lobster and Stone Crab Trap Retrieval Program regions (also see Figure 1 below)

Region Defined as:

1 Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus and Hernando Counties

2 Pasco, Pinellas, Hillsborough, Manatee and Sarasota Counties

3 Charlotte, Lee, and Collier Counties

4 Gulf of Mexico waters of Monroe County, north of 25° 2.00’ N latitude

5 Dade and Monroe Counties (Gulf of Mexico waters of Monroe County south of 25° 2.00’ N latitude and east of 81° 56.00’ W longitude, and all waters of the Atlantic Ocean east of 81°

56.00’ W longitude within Monroe and Dade Counties)

6 Monroe County waters west of 81° 56.00’ W longitude (Marquesas Keys)

2. The Contractor shall propose a tentative schedule to conduct trap retrieval for each region for which a bid is made, and an inventory of staff and equipment, and this information must be submitted with the bid. This tentative schedule shall include a potential timeline for trap retrieval to be conducted during the authorized trap retrieval period for each region for which a

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 11 of 52 bid is made. This schedule must show that the Contractor is able to conduct trap retrieval activities and the inventory must show that the Contractor has sufficient staff and equipment within the entire area covered by the region for which the bid is made. Sufficient staff and equipment means: at a minimum, a Bidder must provide at least one (1) vessel no smaller than

24', at least one (1) captain and one (1) crew member, and a method of transporting traps, trap debris, trap ropes, and buoys, to an authorized waste management facility (preferably a trailer to haul them).

3. The Commission has the right to reject a bid if a Bidder fails to provide this information with bid submittal, or if determined by the Commission that a Bidder does not have adequate and/or sufficient staff and equipment to perform services for the region for which a bid is submitted.

4. The Contractor shall provide a detailed trap retrieval schedule for each awarded region no less than twenty (20) days prior to the proposed commencement date of trap retrieval activities within a specific region. This schedule must include the names and phone numbers of the captains, the proposed dates and departure locations for each trap retrieval trip, as well as a disposal plan for traps, trap debris, trap ropes, and buoys. This schedule must be approved, in writing, by the Contract Manager. The Commission reserves the right to amend this schedule, in writing, at any time.

5. The Contractor is responsible for coordinating with the Contract Manager to ensure that a

Commission-appointed observer is present on board any vessel participating in the trap retrieval process. Unless prior approval is received from the Contract Manager, a Commission-appointed observer must be present on board participating vessels during each trap retrieval trip for the payment to the Contractor to be approved and authorized by the Contract Manager.

6. The Contractor shall solely be responsible for recruitment, selection and financial compensation of the captains and subcontractors and for all work performed in this project according to criteria listed below:

a. No one less than 16 years of age may receive compensation for work performed on this project. The Contractor shall comply with all laws applicable to labor and employment.

b. The Contractor shall distribute, post, and/or otherwise disseminate official notices, announcements, or other communications to project participants.

c. Each captain shall provide a vessel meeting United States Coast Guard vessel safety requirements and capable of operating safely in the awarded region, and that vessel shall be manned by an experienced and qualified captain and crew. Each vessel shall be equipped with a functional electric or hydraulic trap puller, or crew that will effectively hand pull and retrieve traps. Adequate space for a Commission appointed-observer and space for stowing of ropes, buoys, traps, and trap debris is required. If the vessel is deemed as unsafe or inappropriate for the retrieval trip, the Contract Manager may reschedule the retrieval trip for another day and the Contractor must provide a safe vessel acceptable to the Contract Manager.

7. Trap retrieval operations shall be governed by the following “Operational Guidelines”:

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 12 of 52

a. Daily operations shall be based on an 8 (eight) to 12 (twelve)hour workday (on the water), unless prior approval is received from the Contract Manager. The location and duration of each retrieval trip must be approved by the Contract Manager. Trip plans must be mutually acceptable to the Contract Manager and Contractor.

b. Trap retrieval shall be limited to spiny lobster and stone crab traps located in Florida waters during the applicable closure periods within each awarded region, or any time during the open season deemed appropriate by the Commission.

c. All traps, trap debris, trap ropes, and buoys must be returned to shore and disposed of by the Contractor in an authorized waste management facility. Each captain must complete and sign a Work Certification Form and Disposal Certification Form (provided by the

Commission) for each retrieval trip attesting that services were rendered, and all traps and trap debris removed will be disposed of pursuant to trap retrieval program requirements for payment to the Contractor to be approved and authorized by the Contract

Manager.

d. The Contractor must provide an adequate method for transporting all traps, trap debris, trap ropes, and buoys to an authorized waste management facility for disposal (preferably a trailer to haul them). If traps and trap debris cannot be disposed of on the same day they are retrieved, they must be held in a secure location until they can be disposed of.

e. Weather conditions for daily operations in any region must be mutually acceptable to the

Commission-appointed observer, the Contractor, and the captain of the vessel participating in the retrieval trip.

f. All saltwater products and other organisms recovered in trap retrieval operations, regardless of condition, shall be immediately returned to the water.

g. The Commission may provide authorized direction to the Contractor to retrieve traps in specific areas of state and adjacent federal waters in the event that illegal traps are discovered.

8. The Contractor is responsible for all costs and expenses, including, but not limited to, vessel fuel and disposal fees for all traps, trap debris, trap ropes, and buoys, resulting from the trap retrieval process and shall not hold the Commission responsible for any damage(s) that may occur to any vessel or equipment during the trap retrieval or disposal process.

9. The Contractor must submit an invoice to the Contract Manager, along with completed Work Certification Forms and Disposal Certification Forms for each retrieval trip conducted within each region for the payment to the Contractor to be authorized by the Contract Manager. No payment will be made to the Contractor prior to trap retrieval effort in a region. Payments shall be based on services rendered. No payment will be made to the Contractor for traps removed that belong to participating captains and subcontractors.

10. The Contractor shall, in consultation with the Commission, settle any and all labor disputes.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 13 of 52

III. RESPONSIBILITIES OF THE COMMISSION

1. The Commission shall provide operational guidelines for project management to ensure that traps are properly retrieved and disposed of according to the terms of this Contract, and applicable laws. This shall include possible identification of trap locations from the Commission’s

Division of Law Enforcement, and the possible assistance of the Commission’s Division of Law

Enforcement for selection of areas from which traps will be retrieved.

2. The Commission will provide observers (Commission employees or other persons authorized as appropriate by the Commission) aboard each participating vessel. For each trap retrieved, the

Commission-appointed observer will be responsible for recording the following information: the intended species targeted by the trap; the owner’s identification and/or endorsement number;

presence or absence of a required trap tag; if it is a commercial or recreational trap; location of the trap; and buoy colors. In the event that a trap is retrieved that does not have a clearly identifiable endorsement number, trap tag, or identification, the trap will be recorded as unidentified. The Commission-appointed observer will provide the captain and Contract

Manager with the total number of traps retrieved and disabled by each vessel at the end of each work day. The Contract Manager will provide such data as required to the Contractor for accurate and timely payments to captains.

3. The Commission will provide and complete all forms required to efficiently and effectively document the trap retrieval process, as the basis for payment to the Contractor. The Commission shall provide a “Work Certification Form” (Exhibit I) for the purpose of documenting and certifying project work performance. A Work Certification Form shall be completed and signed by the Commission-appointed observer and co-signed by the captain at the completion of each work day. One copy of each completed Work Certification Form shall be provided to the Contract

Manager, to the Contractor, and to the captain. The Commission will provide a “Disposal

Certification Form” (Exhibit II) for the purpose of documenting and verifying the disposal of traps, lines, buoys, and other trap parts. A Disposal Certification Form shall be completed and signed by the captain. The original copy of the Disposal Certification Form shall be returned to the Contract Manager upon completion.

4. The Contract Manager (or Commission employed delegate) will be responsible for enforcing performance of the Contract terms and conditions, shall serve as liaison with the Contractor, and shall approve all invoices prior to payment.

5. The Contract Manager (or Commission employed delegate) shall be responsible for approving the Contractor’s detailed trap retrieval schedule. The Contract Manager reserves the right to amend this schedule at any time.

IV. MINIMUM LEVEL OF EQUIPMENT

Each captain shall provide a vessel no smaller than 24’ in length, meeting United States Coast Guard vessel safety requirements and capable of operating safely in the awarded region. That vessel shall be manned by an experienced and qualified captain and crew. Each vessel shall be equipped with a functional electric or hydraulic trap puller, or crew that will effectively hand pull and retrieve traps.

Adequate space for a Commission-appointed observer and space for stowing of ropes, buoys, traps, and trap debris is required. An adequate method for transporting all traps, trap debris, trap ropes, and buoys to an authorized waste management facility for disposal is required (preferably a trailer to haul them).

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 14 of 52

V. MINIMUM LEVEL OF PERFORMANCE

The Commission desires to contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under this contract. Therefore, the Commission has developed the below Performance Measure categories, which shall be used to measure the Contractor’s performance and delivery of services.

Note: The Contractor shall comply with all contract terms and conditions upon issuance of the

Purchase Order and the Commission may begin monitoring of the Contractor’s service delivery upon issuance of the Purchase Order to ensure that contract requirements are being met.

Performance Outcomes, Measures and Standards

Listed below are the key Performance Outcomes, Measures and Standards deemed most crucial to the success of the overall desired service delivery. The Contractor shall ensure that the stated performance outcomes and standards (level of achievement) are met.

1. Performance Measure #1 – Trap Retrieval

Outcome: Unless prior approval is received from the Contract Manager, services must be performed for the entire region.

Measure: The trap retrieval schedule (approved by the Contract Manager) for each awarded region attesting that the Contractor is able to successfully conduct trap retrieval activities within each region and the Work Certification Form (provided by the Commission) attesting that services were rendered for each region, for payment to the Contractor to be approved and authorized by the Contract Manager.

Standard: Achievement of outcome must meet one hundred percent (100%).

2. Performance Measure #2 – Trap Disposal

Outcome: All traps, trap debris, trap ropes, and buoys must be returned to shore and disposed of by the Contractor in an authorized waste management facility.

Measure: The Disposal Certification Form (provided by the Commission) for each trap retrieval trip attesting that all traps and trap debris removed will be disposed of pursuant to trap retrieval program requirements, for payment to the Contractor to be approved and authorized by the

Contract Manager.

Standard: Achievement of outcome must meet one hundred percent (100%).

3. Performance Measure #3 – Other Contract Requirements

Outcome: Compliance with all other contract terms and conditions.

Measure: Review of the annual comprehensive contract evaluation conducted by the Contract

Manager.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 15 of 52

Standard: Achievement of outcome must meet or exceed ninety five percent (95%), on a yearly basis.

By execution of this contract, the Contractor hereby acknowledges and agrees that its performance under the contract shall meet the standards set forth above. Any failure by the Contractor to achieve the Performance Measures identified above may result in assessment of financial consequences as provided below. Any such assessment shall not affect the Contractor’s obligation to provide services as required by this contract.

V. FINANCIAL CONSEQUENCES

If the Contractor fails to meet the established minimum performance level for the given deliverable, the Commission will impose a financial consequence of one thousand dollars ($1,000) per occurrence.

Allowance will be made for non-compliance to minimum levels if the reason is due to circumstances beyond the Contractor’s control.

VI. BID REQUIREMENT

The Bidder shall submit, with their bid, their tentative schedule to conduct trap retrieval for each region in which they are bidding to provide services, as well as their inventory of staff and equipment.

This tentative schedule and inventory must show that the Bidder has sufficient staff and equipment and is able to successfully conduct trap retrieval activities within each region for which a bid is made.

Sufficient staff and equipment means: at a minimum, a Bidder must provide at least one (1) vessel no smaller than 24', at least one (1) captain and one (1) crew member, and a method of transporting traps, trap debris, trap ropes, and buoys, to an authorized waste management facility (preferably a trailer to haul them). The Commission has the right to reject a bid if the Bidder fails to provide this information in their bid package or if determined, by the Commission, that the Bidder does not have an adequate plan and/or sufficient staff and equipment to perform services for the region for which a bid is submitted.

VII. AWARD

1. Bids shall be submitted on a price per trap basis. The bid price submitted must include all costs associated with and to complete the program as specified herein, including, but not limited to, vessel fuel and disposal fees for all traps, trap debris, trap ropes, and buoys.

2. The Contract will be awarded to the responsive, responsible Bidder, who has submitted an acceptable tentative schedule and inventory, with the lowest total bid price per region. FWC anticipates awarding all regions but the size and scope of work within each region is budget and closure dependent; funding will not be divided equally among each region to perform trap retrieval pursuant to this contract.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 16 of 52

Figure 1. Spiny Lobster and Stone Crab Trap Retrieval Program regions.

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 17 of 52

EXHIBIT I

WORK CERTIFICATION FORM

Florida Fish and Wildlife Conservation Commission

Trap Retrieval Program

WORK CERTIFICATION FORM

I/WE HEREBY CERTIFY THAT ______________________________ DID OPERATE

Full name of vessel operator

VESSEL FL/DO# ON DATE

AND REMOVED A TOTAL OF ___________________ ILLEGAL TRAPS.

FWC OBSERVER VESSEL OPERATOR

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 18 of 52

EXHIBIT II

DISPOSAL CERTIFICATION FORM

Florida Fish and Wildlife Conservation Commission

Trap Retrieval Program

DISPOSAL CERTIFICATION FORM

I, , HEREBY CERTIFY THAT ALL

Full name of vessel operator

TRAPS AND TRAP MATERIALS RETRIEVED AS PART OF THE TRAP

RETRIEVAL EFFORT ON ______________________________ (DATE)

WILL BE DISPOSED OF PURSUANT TO FWC TRAP RETRIEVAL PROGRAM

REQUIREMENTS.

VESSEL OPERATOR

SIGNATURE

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 19 of 52

PRICE SHEET

FWC 22/23-88

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

THIS WILL BE A MULTIAWARD BID. THE BID WILL BE AWARDED TO THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL BID PRICE PER REGION. FWC ANTICIPATES THAT ALL REGIONS WILL BE AWARDED, BUT THE SIZE AND

SCOPE OF WORK WITHIN EACH REGION IS BUDGET AND CLOSURE DEPENDENT. PURSUANT TO SECTIONS 287.057(1)(a)1., AND 287.057(1)(a)2., FLORIDA STATUTES EACH CONTRACTOR SHALL SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE

RENEWED. (SEE RENEWAL CLAUSE).

The unit price per trap retrieved shall incorporate all costs associated with the program, including vessel fuel and disposal fees for all traps, trap debris, trap ropes, and buoys.

Region Defined as: Original Term

Unit Price Per Retrieved Trap

Renewal Year #1

Unit Price Per Retrieved Trap

Renewal Year #2

Unit Price Per Retrieved Trap

Renewal Year #3

Unit Price Per Retrieved Trap

TOTAL

(Add prices for

Original Term and all renewal years)

Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus and

Hernando Counties $______/each $_______/each $______/each $_______/each $____________

Pasco, Pinellas, Hillsborough, Manatee and

Sarasota Counties $_______/each $______/each $_______/each $______/each $____________

Charlotte, Lee, and Collier

Counties $_______/each $_______/each $_______/each $_______/each $____________

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 20 of 52

Region Defined as: Original Term

Unit Price Per Retrieved Trap

Renewal Year #1

Unit Price Per Retrieved Trap

Renewal Year #2

Unit Price Per Retrieved Trap

Renewal Year #3

Unit Price Per Retrieved Trap

TOTAL

(Add prices for

Original Term and all renewal years)

4 Gulf of Mexico waters of

Monroe County, north of 25°

2.00’ N latitude

$_______/each $_______/each $_______/each $_______/each $____________

5 Dade and Monroe Counties (Gulf of Mexico waters of

Monroe County south of 25° 2.00’ N latitude and east of

81° 56.00’ W longitude, and all waters of the Atlantic

Ocean east of 81° 56.00’ W longitude within Monroe and Dade Counties)

$_______/each $_______/each $_______/each $_______/each $____________

6 Monroe County waters west of 81° 56.00’ W longitude

(Marquesas Keys)

$_______/each $_______/each $_______/each $_______/each $____________

Ch. 287 Invitation to Bid – Revised 11.4.2022 FWC 22/23-88, Page 21 of 52

BY SIGNING BELOW I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH THE SERVICES AT THE

PRICE QUOTED ABOVE. I HERBY AFFIRM I HAVE NOT BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN

RESTRAINT OF FREEDOM OF COMPETITION.

Contractor: __________________________________________________________________________________________________________

Address: ____________________________________________________________________________________________________________

Signed: _____________________________________________________________________________________________________________

Print Name: ________________________________________________________________________________________________________

Title: _______________________________________________________________________________________________________________

Fax:…