FWC 23.24-41 RFP Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

REQUEST FOR PROPOSALS

FWC 23/24-41

FLORIDA BASS CONSERVATION CENTER CALCIUM SCALING

RESPONDENT ACKNOWLEDGEMENT FORM

Purpose: The intent of this RFP is to obtain competitive responses presenting solutions to mitigate and abate an on-going calcium scaling issue at the Florida Bass Conservation Center, per the specifications contained herein. Only responsive and responsible Respondents will be considered for award of this RFP.

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

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

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

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

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

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: __________________

I certify that this RFP response is submitted without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same professional services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this RFP and certify that I am authorized to si gn thi s acknowl edgement fo r the Respondent.

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Date: _______________________________________

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CALENDAR OF EVENTS

FWC 23/24-41

SCHEDULE DUE DATE METHOD

RFP Advertised December 4, 2023 Posted on the Vendor Information Portal (VIP)

Mandatory Pre-Proposal Conference

December 13, 2023 @ 2:00 PM ET See Pre-Proposal Conference Clause

Deadline for Questions Must be received

PRIOR to:

December 19, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions December 28, 2023 Posted on the Vendor Information Portal (VIP)

SEALED RESPONSE DUE

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

Must be received PRIOR to:

January 10, 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 January 10, 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

January 16, 2024 to

January 31, 2024

Florida Fish & Wildlife Conservation Commission

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

52equest for Proposal – Revised 3.23.2023 FWC 23/24-41, Page 3 of 52

GENERAL CONDITIONS

FWC 23/24-41

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

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PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

ESTIMATED BUDGET

The Commission has an estimated budget for this project of $75,000.00.

TERM

The contract will be effective for one year from issuance of Purchase Order.

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

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.

MANDATORY PRE-PROPOSAL CONFERENCE/SITE VISIT MEETING

A mandatory pre-proposal conference/site visit will be held at 3853 County Road 788, Webster, Florida 33597 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 site meeting 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.

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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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.

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.

https://vendor.myfloridamarketplace.com/

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RESPONDENT ACKNOWLEDGMENT

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

MANDATORY RESPONSIVENESS REQUIREMENTS FOR RESPONSE SUBMISSION

Response submission should be organized as follows:

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

TAB B. 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.

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.

TAB D. Experience (Mandatory) — Attachment E The Respondent shall complete and submit the Experience Form, enclosed herein, which should include a descriptive list of all past projects relevant to this RFP’s Scope of Work, in chronological order, including the specific services provided and size for each project. On the Experience Form, the Respondent shall include at least one project that involved the mitigation of calcium scaling. 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. Personnel Resources (Mandatory) The Respondent shall submit a list of the personnel proposed to be used for this project and provide a current curricula vitae or resume with relevant education and experience for all personnel listed. The list of personnel and resumes must be returned as part of the RFP response or the response shall be deemed non-responsive. Personnel changes proposed after contract award must be approved in advance by FWC.

TAB F. Project Plan (Mandatory) The Respondent shall complete and submit the components of the Project Plan as outlined below. The Project Plan shall be completed in its entirety and returned as part of the RFP response or the response shall be deemed non-responsive.

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1. Demonstration of Understanding This section shall describe the Respondent’s understanding of the services sought under this solicitation. Respondents shall submit an overview of the proposed project approach to the calcium scaling project identified in this RFP and include an understanding of FWC’s goals and objectives. Responses should include innovative ideas for accomplishing the project.

2. Proposed Plan to Complete the Project:

The Respondent shall present a detailed project plan including all tasks necessary to complete the proposed approach to the Calcium Scaling. Tasks should include specific steps and support necessary to complete all tasks. This section must also address the following:

a. how will the Respondent limit construction impacts and disruptions to water flow and other hatchery operations by detailing the anticipated number, extent, and duration of interruptions to water flow in production facilities during construction;

b. how will the Respondent limit other operational disruptions (e.g., staging of heavy equipment, excavation in floors or interruption of electric power);

c. how does the proposed approach reduce calcium scale formation while maintaining required hardness for fish production;

d. how does the proposed approach explain changes to water chemistry; and,

e. how does the proposed approach address both filtered and recycled water systems?

3. Expected Outcomes The Respondent shall specify how the proposed project approach will affect water quality and chemistry, particularly the tendency for scale formation and the suitability for fish culture.

4. Implementation Schedule:

The Respondent shall present their proposed implementation schedule, based on the date of purchase order issuance. The schedule shall address tasks identified above as necessary to complete the Project identified in the Scope of Work and shall depict a schedule for all tasks providing adequate FWC review time, revision time, if needed, and additional subsequent review time.

The Implementation Schedule from the selected respondent shall be included in the purchase order resulting from this solicitation. A sample format is provided:

ID Milestones Start Finish Duration

1 Purchase Order Issuance Day 1

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TAB G. Project Cost (Mandatory) The Respondent shall submit a detailed budget for the proposed project. The budget shall include all items necessary to complete the project including, but not be limited to, costs for all staff (labor and benefits), insurance costs, travel expenses, materials, equipment, mobilization/demobilization, and any other materials/supplies needed to complete the project. Budgets shall be broken down to correspond with proposed interim milestone/deliverables for payment.

The budget shall be itemized, by category/classification, all hourly rates of personnel anticipated to be used and the anticipated number of hours necessary for each task. The budget shall also itemize any other expenses anticipated to be incurred during each task (e.g., materials and travel, as well as percentages for the application of overhead and fringe benefits).

Travel and per diem expenses directly related to accomplishing the project goals or performing specific services by Respondent employees are eligible costs. Travel and per diem must be in accordance with Section 112.061, Florida Statutes.

A project budget must be provided as part of the RFP response or the response shall be rejected.

TAB H. 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 and one (1) separate electronic copy (on a flash drive) of their response in a SEALED ENVELOPE addressed to:

52equest for Proposal – Revised 3.23.2023 FWC 23/24-41, Page 9 of 52

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

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

OF THE RESPONSE OPENING.

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

MARKED.

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

RELATED TO SELECTED DELIVERY SERVICES.

SOLICIATION PUBLIC OPENING

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

REJECTED.

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

SELECTION AND EVALUATION OF RESPONSES

An evaluation committee consisting of 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 (Attachment F) will be used by the evaluation committee to assign scores to all evaluated responses designated as responsive.

Scores will be averaged for all evaluation committee members and ranked by the highest to lowest average score.

GENERAL EVALUATION CRITERIA

General evaluation criteria include the following:

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

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

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

52equest for Proposal – Revised 3.23.2023 FWC 23/24-41, Page 10 of 52

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

Understanding of the Problem 5 Proposed Personnel Qualification 5 Experience 40 Project Plan 40 Cost 10

TOTAL: 100

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

1. Understanding of the Problem (5 points) Will be evaluated based upon an evaluation of the Respondent’s understanding of FWC’s issues, goals and objectives.

2. Proposed Personnel Qualifications (5 points) Proposed Personnel Qualifications will be evaluated based on the resumes and experience of the proposed personnel.

3. Experience (40 points) Experience will be evaluated based on experience with projects of size and scope similar to this project.

4. Project Plan (40 points) The Project Plan will be evaluated based on the Respondent’s proposed tasks, construction impacts and disruptions to water flow and other hatchery operations, and on changes to water quality and chemistry, particularly the tendency for scale formation and suitability for fish culture.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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5. Cost (10 points) The evaluation of each Respondent’s cost proposal will be conducted based on the cost formula below.

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

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

52equest for Proposal – Revised 3.23.2023 FWC 23/24-41, Page 12 of 52 successful Contractor’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

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

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

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

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

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

DELIVERABLES

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

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

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $1,000.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

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.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this RFP is specifically limited to the Contractor’s response price accepted by the Commission, and to the specific procedure for payment established in this RFP and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses, or any other compensation whatsoever incurred or charged by the Contractor, other than the response price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor 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”.

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ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

CONDITIONS AND SPECIFICATIONS

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

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

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SCOPE OF WORK

FWC 23/24-41

FLORIDA BASS CONSERVATION CENTER CALCIUM SCALING

I. PURPOSE

The Florida Bass Conservation Center (FBCC) desires to identify and procure project solutions to mitigate and abate damaging calcium (lime) scale deposition on facility aquaculture equipment, systems, and infrastructure.

II. PROJECT COMPLETION DATE

The Project shall be completed no later than one (1) year from issuance of the Purchase Order..

III. BACKGROUND

A. FBCC and Richloam State Fish Hatchery (3583 CR 788, Webster, Florida 33597) has an on-going calcium scaling issue.

B. Currently permitted by Southwest Florida Water Management District (SWFWMD) for up to 2MGD pumping, FBCC is a flow-through and recycled water intensive and extensive aquaculture facility. The facility uses four pumps with maximum pumping capability per pump of 2000gpm in the recycled/re-use water system. The water at the FBCC is very hard and recently FBCC began experiencing serious and increasing issues with calcium scaling, particularly in the recycle/reuse water system.

C. Calcium scaling of valves, pumps, screens, drains, pipes, and other infrastructure is reducing efficiency, increasing maintenance costs, and impeding primary function of the facility. It has cost the State of Florida tens of thousands of dollars and hundreds of hours of staff time in repairs to the FBCC life sustaining pumps, pipes, purification system, and chiller units. The scale has even closed off some of the 6” and 8” pipes. Most of the water pipes are 6”-10” at the FBCC, but there are some as large as 24”. Control (drastic reduction or elimination) of scaling, and ultimately reduction of existing scale build up, without impacts to fish health/production and water flow, is sought.

IV. PROJECT CONSTRAINTS

Construction/installation may not shut off water flow/supply to the indoor hatchery production facilities/equipment for more than 24 hours at a time, with no more than 60 minutes preferred.

Construction/implementation should occur during the summer (August/September) or winter (December/January).

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ATTACHMENT A

FWC 23/24-41

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Section 1. PURCHASE ORDER.

A. Composition and Priority.

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR 1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term.

Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the Purchase Order end date.

Section 2. PERFORMANCE.

A. Performance Standards.

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency.

If the Commission determines that the performance of the Contractor is unsatisfactory, the Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a timeframe specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents.

The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Commission for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities.

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Purchase Order must comply with all security and administrative requirements of the Commission.

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The Commission may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission’s security or other requirements. Such refusal shall not relieve the Contractor of its obligation to perform all work in compliance with the Purchase Order. The Commission may reject and bar from any facility for cause any of the Contractor’s employees, subcontractors, or agents.

D. Assignment.

The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Purchase Order without the prior written consent of the Commission. In the event of any assignment, the Contractor remains secondarily liable for performance of the Purchase Order, unless the Commission expressly waives such secondary liability. The Commission may assign the Purchase Order with prior written notice to the Contractor.

E. Damages to State Property.

Any damages to state property (e.g., structures, roads, culverts, fences, trees, or other natural resources) caused by the Contractor while working on this project shall be the responsibility of the Contractor to remedy, as determined by the Commission. The Contractor shall be responsible for the conduct of all Contractor personnel at all times while on the job site.

Should any historical or cultural artifacts be uncovered, the Contractor shall immediately halt work and notify the Commission’s Contract Manager. Please note: The State Archaeologist has the power to halt work if he or she has reason to believe artifacts are being disturbed.

F. Subcontractor Minority Status Report.

Contractor shall provide a Subcontractor Minority Status Report (Attachment B) to the Commission’s Contract Manager, summarizing the participation of certified and non-certified woman-, veteran-and/or minority-owned business enterprise subcontractors/material suppliers for this Contract. The report shall be completed in its entirety and submitted with each invoice. The Contractor shall indicate “N/A” if the project does not utilize subcontractors. The Office of Supplier Diversity can assist in furnishing names of qualified woman-, veteran- and/or minority-owned business enterprises.

Contact the Commission’s Minority Coordinator at (850) 488-6551 with any questions.

G. Independent Contractor.

The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Commission. The Contractor covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Contractor and the Commission. The Contractor agrees to include this provision in all its subcontracts under the Purchase Order.

H. Commission Rights to Undertake or Award Supplemental Contracts.

The Contractor agrees that the Commission may undertake or award supplemental contracts for work related to the Purchase Order. The Contractor and its subcontractors shall cooperate with such other contractors and the Commission in all such cases.

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

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Section 3. PAYMENT AND FEES.

A. Payment.

The Contractor will be paid upon submission of properly certified invoice(s) to the Commission after delivery and acceptance of commodities or contractual services is confirmed in writing by the Commission.

B. Invoicing.

Invoices may be submitted electronically to the Commission’s designated Contract Manager, as identified in this Purchase Order. The Contractor acknowledges that the Commission’s Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses.

C. Invoices, Continued.

All invoices shall be processed in accordance with Section. 215.422, Florida Statutes (F.S.), and Rule 69I-24, Florida Administrative Code (F.A.C.), upon receipt of a proper invoice and approval and inspection of goods or services. The Commission shall record the date of receipt of an invoice on the date on which a proper invoice is first received at the place designated by the Commission. Approval and inspection of goods or services shall take no longer than five (5) working days unless the bid specifications, purchase order, or contract specifies otherwise. Invoices must be legible and shall contain the items below in detail sufficient for a proper audit.

• The invoice number

• The date of the invoice

• “Bill To” information, including address

• The vendor’s name and payment remittance address

• The purchase order number

• The Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number

(SSN)

• Date(s) of service (beginning date – ending date)

• Invoices for commodities must provide a clear description of the item(s), number of units and cost per unit. Numerical code descriptions alone will not be accepted.

• Invoices for services must provide a clear description of the specific deliverables that must be provided and accepted prior to payment.

• Invoices for fixed unit rate agreements must show the number of units and cost per unit.

• Invoices for agreements paid out on a reimbursement basis or a fixed rate for a specific time period (e.g., quarterly, monthly, etc.) must identify the deliverables provided.

D. Payment Timeframe.

Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve goods and services, unless applicable solicitation specifications or this Purchase Order specify otherwise.

With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved a separate interest penalty as described in Section 215.422, F.S., will be due and payable in addition to the amount authorized for payment. Interest penalties less than one dollar ($1.00) will not be paid unless the Provider requests payment. A Vendor Ombudsman has been established within the Department of

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Financial Services and may be contacted at (850) 413-5516, or by calling the Department of Financial Services Consumer Hotline at 1-800-342-2762.

E. MyFloridaMarketPlace Fees.

The following language is included pursuant to rule 60A‐1.031, F.A.C.:

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to Subsection 287.057(22), F.S. Payments issued by Agencies or Eligible Users to Vendors for purchases of commodities or contractual services are subject to Transaction Fees, as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors shall submit monthly reports required by the rule. All reports shall be subject to audit. Failure to pay Transaction Fees or submit reports shall constitute grounds for default and exclusion from business with the State of Florida.

F. Payment Audit Payment Audit Records of costs incurred under terms of the Purchase Order shall be maintained and made available to the Commission upon request at all times during the period of the Purchase Order, and for a period of three years thereafter.