FWC 23.24-114 Final RFP.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 23/24-114

EPHEMERAL WETLAND VEGETATION & ORGANIC SEDIMENTS MANAGEMENT

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive proposals for all aspects of ephemeral wetland vegetation and associated organic sediment management on public conservation land, or other applicable land, within the State of Florida, 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: _____________

Work Type Responding For: Hand Clearing with Herbicide Option ___ OR Heavy Mechanical with Herbicide Option __

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 si gn thi s acknowl edgement fo r the Respondent.

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Date: _______________________________________

Request for Proposal FWC 23/24-114, Page 2 of 134

CALENDAR OF EVENTS

FWC 23/24-114

SCHEDULE DUE DATE METHOD

RFP Advertised May 31, 2024 Posted on the Vendor Information Portal (VIP)

Mandatory Pre-Proposal Conference

June 13, 2024 @ 10:00 AM ET See Pre-Proposal Conference Clause

Deadline for Questions Must be received

PRIOR to:

June 17, 2024

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions June 21, 2024 Posted on the Vendor Information Portal (VIP)

SEALED RESPONSE DUE

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

Must be received PRIOR to:

July 3, 2024

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission Attn: Purchasing 1875 Orange Ave E Tallahassee, Florida 32311-6160

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

Public Response Opening July 3, 2024

@ 2:00 PM ET

Public Opening Location:

1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number: 1.888.585.9008 Conference room number: 218-721-199

Evaluation Period From

July 10, 2024 to

July 26, 2024

Florida Fish & Wildlife Conservation Commission

Anticipated Date of Intended Award August 12, 2024 Posted on the Vendor Information Portal (VIP) https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Request for Proposal FWC 23/24-114, Page 3 of 134

GENERAL CONDITIONS

FWC 23/24-114

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Respondent submitting a response shall be registered in the MyFloridaMarketPlace (MFMP) system and, where required, the Sunbiz system prior to the RFP opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Respondent may not be considered for an award if not registered in the MFMP and Sunbiz system. The Respondent’s registration address and federal employer identification (FEID) number should match the Respondent’s address and FEID number listed on the Respondent Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Response from Respondent shall include all necessary equipment to complete the job. The Respondent is required to supply all specified documentation when submitting a response for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Respondent or Contractor, including any appearing in documents attached as part of a Respondent’s response. In signing and submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response.

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

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

Request for Proposal FWC 23/24-114, Page 4 of 134

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $15,000,000.00 for the initial five year term and the possible 3 (three) 1-year renewal terms.

TERM

The contract will be effective for five (5) years from the date of award.

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 the Completion Date. The Project Manager and Contract Manager will review the extension request and if they determine it is justified, will forward to the Bid Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

RENEWAL

The Commission has the option to renew this Contract on a yearly basis for a period up to three (3) years after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections 287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes, each Contractor shall supply a price for each year that a contract may be renewed. Evaluation of responses shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Contractor.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor, if it desires to exercise this renewal option, will provide written notice to the Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Status Report (Attachment B) shall be submitted with each invoice for payment. The List of Subcontractors (Attachment C) shall be included with 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. Respondents can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

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 https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

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MANDATORY PRE-PROPOSAL MEETING/SITE VISIT

A mandatory pre-proposal conference/site visit will be held at Apalachicola National Forest Office, 11152 State Road 20 NW, Bristol, Florida 32321 on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-proposal conference/site visit is to discuss the contents of this RFP and to accept verbal questions from Respondents concerning the project. Respondents must attend this pre-proposal conference as a requirement of response responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall disqualify a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-proposal conference/site visit, however, Respondents should clearly understand that verbal discussions held at the pre-proposal conference/site visit shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

PLEASE NOTE: The mandatory pre-proposal conference/site visit will proceed from the office meeting location to field sites in Apalachicola National Forest, and will include driving on irregularly maintained clay/dirt roads. Respondents are responsible for providing their own transportation with adequate ground clearance and traction capability.

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.

SOLICITATION QUESTIONS

Any questions from Respondents that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. 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

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. 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.

Request for Proposal FWC 23/24-114, Page 6 of 134

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 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.

SPECIFICATIONS FOR RESPONSE 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.

MANDATORY RESPONSIVENESS REQUIREMENTS FOR RESPONSE SUBMISSION

A separate response must be submitted for each type of work that the Respondent is proposing to provide (i.e., Hand Clearing with Herbicide Option OR Heavy Mechanical with Herbicide Option). Response submission should be organized as follows:

TAB A. Respondent Acknowledgment Form (Mandatory) For this response to be considered responsive, the Respondent Acknowledgement Form (page 1) must be completed in its entirety, signed by the Respondent (including which type of work the Respondent is proposing to provide), 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.

TAB B. List of Subcontractors (Mandatory) — Attachment C The Respondent shall complete and submit the List of Subcontractors in its entirety and return the form as part of the RFP response or the response shall be deemed non-responsive. The Respondent shall mark the form with “N/A” if subcontractors are not being used. List of Subcontractors must be provided for the specific Work Type that the response is for (Hand Clearing with Herbicide Option or Heavy Mechanical with Herbicide Option).

In addition, in order to list herbicide application companies in Attachment H, Items 1.6 or 1.7, evidence of an established relationship with one or more herbicide application companies must be included in this section of the responses for Heavy Mechanical with Herbicide Option.

TAB C. References (Mandatory) — Attachment D The Respondent shall complete and submit the References Form enclosed herein, to provide a minimum of three (3) references for similar projects completed. Current contact names, phone numbers and email addresses shall be given. This information shall be provided on the Reference Form, enclosed herein, and submitted with the response. The References form shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive. References must be

Request for Proposal FWC 23/24-114, Page 7 of 134 provided for the specific Work Type that the response is for (Hand Clearing with Herbicide Option or Heavy Mechanical with Herbicide Option).

TAB D. Experience (Mandatory) — Attachment E or Attachment F The Respondent shall complete and submit the appropriate (Hand Clearing with Herbicide Option or Heavy Mechanical with Herbicide Option depending on what type work the response is for) Experience form, enclosed herein, which should include a chronological list of up to ten (10) relevant Respondent experiences, a description of the services provided for each operation (i.e., Treatment Method), and acres managed/treated. 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 E. Technical Response (Mandatory) The Respondent shall complete and submit the Technical Response Table, Project Scenarios, and Equipment List see Items 1 – 3 below), which should include written narratives to the Respondent’s knowledge and abilities in ephemeral wetland and associated organic sediment management expertise, field operations, and ability to complete assigned projects. The Technical Response Table, Project Scenarios, and Equipment List shall be completed in their entirety for the appropriate Work Type (Hand Clearing with Herbicide Option and/or Heavy Mechanical with Herbicide Option) for which the response is for and returned as part of the RFP response or the response shall be deemed non-responsive.

1. Technical Response Table – Attachment G or Attachment H Respondents shall provide narratives illustrating how they meet the Contractor Qualifications listed in Section VI of the Scope of Work, as well as their knowledge and abilities in the following categories for either the Hand Clearing with Herbicide Option Technical Response Table (Attachment G) or the Heavy Mechanical with Herbicide Option Technical Response Table (Attachment H):

a. Ephemeral wetland vegetation and associated organic sediment management;

b. Field operations; and,

c. Ability to complete assigned projects.

2. Approach Methodology to Project Scenarios – Attachment I or Attachment J Respondents shall provide a treatment plan for the appropriate scenario, including but not limited to, treatment methodology, equipment list, and crew size/job descriptions.

a. Hand Clearing with Herbicide Option Scenarios (Attachment I) – Respondents shall provide a treatment plan for each of the two (2) scenarios if a response for Hand Clearing with Herbicide Option.

b. Heavy Mechanical with Herbicide Option Scenarios (Attachment J) – Respondents shall provide a treatment plan for each of the two (2) scenarios if submitting a response for Heavy Mechanical with Herbicide Option.

3. Equipment List – Attachment K or Attachment L Respondents shall provide a list of all owned equipment which may be of use on a project under this RFP, as well as rental equipment the Respondent has readily available, on the appropriate Equipment List Form (Attachment K for Hand Clearing with Herbicide Option or Attachment L for Heavy Mechanical with Herbicide Option). The Respondent’s Equipment List must include, at a minimum, the required equipment for each type of work listed in Section VII. EQUIPMENT, MATERIALS AND REQUIREMENTS of the Scope of Work.

Request for Proposal FWC 23/24-114, Page 8 of 134

TAB F. Cost Sheet (Mandatory) — Attachment M or Attachment N The Respondent shall complete and submit the appropriate Cost Form (Attachment M for Hand Clearing with Herbicide Option of Attachment N for Heavy Mechanical with Herbicide Option), enclosed herein. For the purpose of this RFP, cost will be provided as a “Loaded Ceiling Price per Acre”. Price per acre shall include: highest estimated rate for employee pay, benefit costs, insurance, fuel, vehicles (transport trucks, ATV/UTV, tractors, dozers, dump trucks, buggy, boat, airboat, excavator, skidders, feller-bunchers, woody vegetation mowers, rollerchoppers, etc.), herbicides, adjuvants, spray equipment (handheld, mobile or backpack), communication equipment, GPS units, chainsaws, machetes, PPE, disposal methods/equipment, and any other costs necessary for the Contractor to meet project specifications. Contractor should take into account potential price increases and market fluctuations that could affect Contractor’s costs over the term of contract.

The Respondent shall provide its costs for the services/equipment requested in this solicitation for the initial 5-year term of the contract and for the possible 3 one-year renewal periods. The appropriate Cost Form must be completed and submitted in each response submitted by the Respondent.

This cost provided is award criteria for the RFP Contractor selection. This is a multi-award bid.

Subsequent to awarding the RFP, Request for Quotes (RFQs) will be initiated for each individual and unique project site. Contractors will submit a fixed unit rate quote for each project. Subsequent project quotes shall not exceed the loaded price per acre established in this RFP. No minimum amount of work is guaranteed under this RFP.

TAB G. Addendum (if applicable)

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

MAILING INSTRUCTIONS

The Contractor shall submit one (1) original hard copy and one (1) electronic copy on a flash drive of their response in a SEALED ENVELOPE addressed to:

Request for Proposal FWC 23/24-114, Page 9 of 134

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

If Respondents are submitting a proposal for both types of work, the proposals must be in separate envelopes but can be mailed in the same box. The envelope shall be plainly marked on the outside with:

SOLICITATION NUMBER, DATE AND TIME OF THE RESPONSE OPENING AND TYPE OF WORK

RESPONDING FOR.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICIATION PUBLIC OPENING

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

REJECTED.

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

SELECTION AND EVALUATION OF RESPONSES

An evaluation committee consisting of four (4) 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 (Attachments O and P) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.

Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score per type of work. 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:

Request for Proposal FWC 23/24-114, Page 10 of 134

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

Experience 30 Technical Response 60 Cost 10

TOTAL: 100

Points will be awarded, per work type, on the basis of the following evaluation factors:

1. Experience (30 points) Experience evaluated based upon experience with similar projects.

2. Technical Response (60 points) Points for Technical Response will be awarded based upon an evaluation of the information submitted in the Technical Response Table, the Project Scenarios, and the Equipment List as they relate to the needs of this solicitation.

3. 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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Request for Proposal FWC 23/24-114, Page 11 of 134

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.

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 Purchase Order shall form the contract between the parties.

In the event there is any disagreement between the documents, the parties shall refer first to the Request for Proposal then to Contractor’s response. The Commission reserves the right to revise the Purchase Order as necessary to meet the requirements of this RFP.

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

FWC CONTRACT MANAGER

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

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

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

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

• Review, verify, and approve invoices from the Contractor; and, if applicable, complete the Certificate of Contract Completion form; and

• Maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file (e.g., renewal letters, vendor name change letter).

DELIVERABLES

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

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

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

NOTICE TO PROCEED

The awarded Respondent shall not initiate work under this contract until the Performance Bond (if required in the Request for Quotes (RFQ) Scope of Work (SOW)) and mandatory Insurance documentation have been received by the Commission unless otherwise specified by the Contract Manager. The Contractor may begin work once it has received an official written Notice to Proceed from the Contract Manager/Project Manager.

QUOTE BOND

At the sole discretion of the Commission a Quote (Bid) Bond may be required to be submitted by the Contractor with each individual project RFQ to ensure complete and accurate submissions. Quote Bond requirements will be stated in the SOW issued for each individual RFQ. The Quote Bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, and a description of the project.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

Permitting for this project, if needed, is the responsibility of both the Contractor and the Commission as outlined in the RFQ. 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.

PERFORMANCE BOND

A Performance Bond may be required from the Contractor by the Commission for individual project(s) under this RFP as indicated in the RFQ. Prior to commencing any work, and within ten (10) calendar days after issuance of a Purchase Order, the Contractor shall furnish a Performance Bond in the amount of one

Request for Proposal FWC 23/24-114, Page 13 of 134 hundred percent (100%) of the total contract price to ensure full and complete performance of the contract to the attention of the Contract Manager. The bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, the Purchase Order assigned to the project by the Commission, and a description of the property being improved with a general description of the project. Please note: A Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the Commission, licensed to do business in the State of Florida and signed by a Florida Licensed Resident Agent. Such a bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the bonds in behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the Contractor.

In lieu of a Performance Bond, The Commission may prior approve an alternate form of security in the form of a Cashier’s check, Official bank check or Money order in the amount of the bond. The alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the Performance Bond.

Work shall not begin before the Commission receives the Performance Bond. Failure to provide a Performance Bond may be grounds to find the Contractor in default, which could include; cancellation of the contract, and/or the Contractor’s removal from the State’s approved Contractor list for future solicitations.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this RFP is specifically limited to the Contractor’s response price accepted by the Commission, and to the specific procedure for payment established in this RFP and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the response price paid for the work specifically described in the RFQ Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s Notice to Proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this RFP, including but not limited to equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this RFP including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a response, be on file with the Department of State in accordance with provisions of Chapter 607, Florida Statutes; similarly, partnerships seeking to do business with the State shall, at the time of submitting such response, have complied with the applicable provisions of Chapter 620, Florida Statutes. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

Request for Proposal FWC 23/24-114, Page 14 of 134

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.

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SCOPE OF WORK

FWC 23/24-114

EPHEMERAL WETLAND VEGETATION & ORGANIC SEDIMENTS MANAGEMENT

I. PURPOSE

The intent of this Request for Proposals (RFP) is to choose professional contractors based on their qualifications, proven track record completing similar projects, and competitive pricing for all aspects of ephemeral wetland vegetation and associated organic sediment management on public conservation land, or other applicable land, within the State of Florida, per the specifications contained herein. Ephemeral wetland vegetation and associated organic sediment management services will be provided by the selected contractor(s) on a Purchase Order basis. No minimum amount of work is guaranteed under this RFP.

II. DEFINITIONS

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

2. Contract Manager. The Commission employee who oversees the financial aspects of the project. The Contract Manager may initiate and attend/conduct pre-quote meetings and may provide Contractors with any addendum to the original Scope of Work. The Contract Manager is the primary contact should there be a dispute between a Project Manager and a Contractor.

3. Contractor. A responsive and responsible vegetation management private contractor who receives an award under this RFP.

4. DBH. Diameter at breast height. Vegetation trunk diameter at 4.5 feet above ground.

5. Ground Crew Supervisor. The Crew Leader assigned by the Contractor to be on-site at a specific project and be the on-site point of contact for the Project, Contract and Site Managers. Hand Clearing work type projects may require this position to be a licensed and certified applicator per the Request for Quotes (RFQ) Scope of Work.

6. Hand Clearing. The use of handheld equipment to conduct vegetation management.

This includes, but is not limited to: chainsaws, machetes, axes, brushcutters, loppers, small tillers and rakes.

7. Heavy Equipment. Heavy-duty vehicles capable of removing entire trees and associated organic sediment (ex. Excavator), pulling a rollerchopper or mower (ex. Tractor, Dozer), cutting down trees (ex. Feller-buncher), dragging debris (ex. Skidder), transporting debris (ex. Dump truck, tractor/trailer), mowing woody vegetation (ex. Mulcher or Loader with a cutting/mowing/mulching head), and debris disposal (ex. air curtain incinerator). Equipment is required to have a low ground pressure impact to minimize rutting, be tracked (i.e. no wheels) when necessary, be amphibious when necessary, and capable of working in natural areas with dense woody vegetation where the ground can become inundated with water.

8. Pre-Quote Meeting. An on-site mandatory meeting where Contractors, Contract Manager (attendance preferred), Project Manager, and other staff review and discuss the RFQ Scope of Work. Contractors must arrive at or before the designated time and sign in before the meeting starts and sign out at the end of the meeting for their quote to be eligible for an award.

9. Project Manager. The Commission manager or agency-designated staff assigned to oversee the individual project work site(s). The Project Manager may initiate and will

Request for Proposal FWC 23/24-114, Page 16 of 134 attend pre-quote meetings (may lead) and may provide Contractors with any addendum to the original Scope of Work. Typically, the subject matter expert on ephemeral wetland vegetation management or a specific imperiled species for which habitat restoration is being conducted. Individual projects may have different Project Managers.

10. Request For Proposal (RFP). This formal solicitation for the award of vegetation management contractors.

11. Request For Quotes (RFQ). The Commission may use a Request for Quotes (RFQ) to select vendors for work performed under this Contract for individual projects; a secondary process with the purpose of inviting Contractors to provide quotes for a specific project Scope of Work. An RFQ allows for competitive price quotes from the pool of Contractors, from which the best quote will be selected for each individual project. A quote must be submitted by a set date and time to be eligible for an award. An RFQ may contain criteria different from or not identified in the RFP. In the event of a conflict between the RFQ and the RFP, the RFP shall govern. Examples of RFQs are provided as Exhibits I and II.

12. Scope of Work (SOW). The specifications provided by the Project and Contract Managers for each individual project RFQ. All work conducted by a Contractor shall be in accordance with the approved SOW. Discussion about the SOW may occur during an on-site pre-quote meeting, which may result in changes to the SOW. These changes are attached to and supersede the SOW.

13. Weekly Progress Report (WPR). A form to be filled out by the Contractor during a project and signed by the Contractor and Contract or Project Manager; for recording site information, supervisor pesticide certification number, work dates, target plant species, control method used, equipment used, chemicals applied (herbicides and adjuvants), weather and daily total acres treated (see Exhibit III).

III. OBJECTIVE

The Florida Fish and Wildlife Conservation Commission is responsible for the management of ephemeral wetland habitats on Commission managed properties and assists in management on other public conservation lands and other applicable land state-wide, especially where imperiled species are present.

Ephemeral wetland habitat management occurs throughout Florida. Projects under previous RFPs have focused predominantly on lands in the panhandle, however emerging needs have resulted in an increasing number of projects within the northern half of the peninsula. This trend is expected to continue, with projects in the southern half of the peninsula added as priorities are added and/or changed.

IV. OVERVIEW

Herbicide and hand clearing of vegetation have been the primary tools used by the Commission for restoring ephemeral wetland habitat, beyond prescribed fire. This choice of methodology was due to the sensitive nature of the habitat and imperiled species presence.

In wetlands ground machinery can have detrimental effects on the hydrology, as well as harm or kill the sensitive species present. However, not all sites for future restoration are that sensitive or are presently occupied by imperiled species. In a case-by-case determination, certain projects may allow larger machinery for specific tasks. The use of machinery/mechanical methods will be at the sole discretion of the Project or Contract Manager and will be clearly stated as required equipment in the RFQ SOW.

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The majority of projects will include the application of herbicides. The methods of herbicide application include, but are not limited to, foliar spray, frill, girdle, hack & squirt, cut-stump, basal bark, injection, and broadcast (liquid). Type of application will be determined for each individual project by the Project Manager. Contractors will also be required to submit herbicide use logs/Weekly Progress Reports (WPRs) for these activities (Exhibit III).

Contractors may be required to submit a Treatment Plan prior to the start of the project.

This work will be done in wetland environments. Contractors should anticipate dragging woody brush, by hand, out of wetlands and wading through water. Heavy equipment usage within a wetland, if allowed, will take place during dry periods (i.e. no standing water) to lessen ground disturbance.

Project Types:

1. Herbicide application (foliar, cut stump, basal bark, frill, gridle, hack & squirt, injection, broadcast). Ground crews shall be equipped with appropriate equipment including, but not limited to, personal protective equipment, chainsaws, GPS units, machetes, weed eaters with cutting heads, herbicide, adjuvants, and herbicide application equipment. Herbicides and adjuvants must be aquatic approved/compatible when working in or near standing water, or as required by the RFQ SOW. Maximum foliar and broadcast spray height will be specified in the RFQ SOW. Cut vegetation must be handled as stated in the RFQ SOW.