FWC 26.27-16 ITB Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

Right Whale Aerial Survey

FWC 26/27-16

INVITATION TO BID

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for aircraft and pilot services, per the specifications contained herein.

Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in this ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

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

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

Sealed Bid: In response to an Invitation to Bid (ITB), a sealed bid is the final submission of a bid from a vendor prior to the bid deadline, after which no further submissions will be considered.

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

Name of Business: _________________________________________________________________________________________________________

Contact Person Name: _____________________________________________________________________________________________________

Business Address: _________________________________________________________________________________________________________

City: ______________________________ State: _______________________________ Zip code: _______________________________________

Phone: _____________________________ Fax: __________________________________ Email: _______________________________________

Federal Employer Identification Number: _________________________

The undersigned attest to the following:

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

Authorized Signature (Manual): ______________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 3 of 66

CALENDAR OF EVENTS

FWC 26/27-16

SCHEDULE DUE DATE METHOD

Bid Advertised September 10, 2026 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received PRIOR to:

September 17, 2026

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions

September 22, 2026 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received PRIOR to:

October 1, 2026

@ 3:00 PM ET

Mailing Address:

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

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

Public Bid Opening October 1, 2026

@ 3:00 PM ET

Public Opening Options for Attendance:

-In Person- 1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number: 1-850-270-2928

Phone Conference ID#: 968 414 022#

Anticipated Date of Intended Award October 6, 2026 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 4 of 66

GENERAL CONDITIONS

FWC 26/27-16

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

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the Bidder Acknowledgment form (Page 2).

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

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

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

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

TERMS AND CONDITIONS

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

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur _forms

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

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

PROCUREMENT MANAGER

Randolph Golightly Randolph.Golightly@myfwc.com https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 5 of 66

TERM

The contract will be effective for two years upon issuance of Purchase Order.

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

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The Subcontractor Minority Status Report (Attachment C) shall be submitted with each invoice for payment. The List of Subcontractors (Attachment D) shall be included with bid submission.

DIVERSITY

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

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Development website for information on certified business enterprises that may be considered for subcontracting opportunities. However, pursuant to Section 287.05701 F.S., the Commission may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, nor give preference to a vendor based on the vendor’s social, political, or ideological interests.

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any 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 Bidders 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 3). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal (https://vendor.myfloridamarketplace.com).

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

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 6 of 66

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION CHALLENGE

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 Bidder questions during the ITB period an addendum shall be posted on the Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a Bidder’s failure to obtain the information made available through the Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement Form (page 2), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

MANDATORY RESPONSIVE REQUIREMENTS

The Commission will not review Bids from Bidders who do not meet the mandatory responsive requirements listed in Attachment B, Mandatory Responsive Requirements. Note: The Commission will perform an initial responsiveness check.

Bids found to be non-responsive will not be considered for award. The Commission reserves the right to act upon information discovered during and after the initial responsiveness check impacting the responsibility or responsiveness of the Bid or Bidders.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed. Current contact names and phone numbers shall be included with the bid package. See the attached references form for reference requirements.

EQUAL BIDS

In the event that there is no multiple award contemplated in the ITB, and the Commission receives equal bids eligible for award, the Commission will comply with the following, as applicable: sections 287.057(12), 287.082, 287.087,287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Commission may request information from Bidders with equal bids. A Bidder will not be

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 7 of 66 permitted to amend or supplement its Bid in response to such request for clarification. If the tie has not been broken by application of the aforementioned statutes, the Commission will proceed with a random selection to decide the award.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

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

CONFIDENTIALITY/PUBLIC RECORDS LAW

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

MAILING INSTRUCTIONS

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

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

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

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

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

RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS RELATED TO SELECTED DELIVERY SERVICES . DIGITAL SUBMISSIONS SHALL

BE DEEMED NON-RESPONSIVE AND SHALL NOT BE ACCEPTED.

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 8 of 66

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of Events (Page 3).

BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

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

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price. If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

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

POSTING OF BID TABS

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

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

FWC CONTRACT MANAGER

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

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

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

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the Certificate of Contract Completion form; and https://vendor.myfloridamarketplace.com/ http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 9 of 66

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

DELIVERABLES

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

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

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

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.

MATERIAL AND EQUIPMENT ON COMMISSION PROPERTY

If the Commission allows the Contractor to have project materials or equipment delivered to and/or stored upon the Commission-managed or owned property before, during, or after the term of the project, the Contractor will be fully and solely responsible for all expenses and liability incurred as a result of the delivery or storage. Should the Commission, in its sole discretion, determine that any project materials or equipment stored on its property must be moved in response to an emergency, the Contractor shall hold harmless, indemnify, defend, and may be responsible for costs of any reasonably necessary actions taken by the Commission.

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

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

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 10 of 66

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

CONDITIONS AND SPECIFICATIONS

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

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 11 of 66

SCOPE OF WORK

FWC 26/27-16

RIGHT WHALE AERIAL SURVEY

PURPOSE

The mission of the Florida Fish and Wildlife Conservation Commission (FWC) is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The FWC recognizes that scientific data drives management decisions for fish and wildlife populations and their habitats. The North Atlantic right whale is a Federally designated endangered species. The only known calving grounds for this species are off the coast of northeast Florida and southeast Georgia and have been designated by the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (NOAA Fisheries) as Critical Habitat.

The FWC is involved in the recovery of endangered marine mammals, including the North Atlantic right whale, Eubalaena glacialis. Most of this work is supported by grant funding provided by the NOAA Fisheries. FWC is dedicated to assisting NOAA Fisheries in its efforts to protect this species as outlined in the North Atlantic Right Whale Recovery Plan. Vessel collisions and entanglement in fishing gear are the leading known causes of death in this species. Since 1987, FWC has conducted aerial surveys to monitor seasonal presence of right whales, mitigate vessel-whale collisions, and assess population dynamics. An Early Warning System communication network, coordinated by NOAA Fisheries Service with assistance from FWC staff, is designed to protect right whales from vessel collisions by notifying key agencies, ports, and mariners via email or text message when and where right whales have been sighted. This near real-time information allows ships to take action if necessary, to avoid whales. Photographs taken by aerial observers are used to identify individual right whales based on the callosity pattern (a natural growth of rough, cornified skin) on their heads as well as other natural marks and human-related scars. Over time, population demographics, reproductive success, mortality, and trends in health are monitored in part through this photo-identification research. FWC is one of a handful of major contributors to the North Atlantic Right Whale Identification Database—the central repository for archiving and maintaining photographs and sighting data on right whales. FWC has also worked closely with federal, state, and non-governmental organization partners to compile years of aerial survey data into a geographic information system (GIS) program. Analysis of these spatial data help scientists and managers to evaluate right whale distribution patterns in the calving grounds in relation to environmental factors, such as sea surface temperatures and water depth, and human activities, such as vessel traffic.

The FWC’s Fish and Wildlife Research Institute’s (FWRI) North Atlantic Right Whale Program will conduct early warning system aerial surveys of the Atlantic coastal waters of Florida and Georgia mainly to detect the presence of right whales.

This Contract is contingent upon FWC receiving funding from NOAA Fisheries annually to conduct these aerial surveys.

The purpose of this bid is to obtain aircraft services. The FWC will only be accepting bids for Cessna 337 Skymaster (Cessna T337H is the most common variant used) and DeHavilland Twin Otter aircraft.

1. INITIAL TERM COMPLETION DATE

1.1. Project shall be completed by the Contractor by June 30, 2028.

2. INSPECTION PRIOR TO AWARD

2.1. The Commission reserves the right to review the prospective Vendor’s equipment, materials and experience, including subcontractors, prior to making an award.

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3. VENDOR QUALIFICATIONS

3.1. The Minimum Aircraft and Crew Provisions are described below in the scope of work (SOW). The Vendor is to provide the plane, pilot, co-pilot, fuel, oil, and any equipment needed to meet the requirements in this SOW.

3.2. Prior to submitting a bid package, the Bidder must be in possession of documentation of the specifications detailed in the SOW, including photographs of the aircraft and equipment, documentation of pilot qualifications, and the

FAA Operation Specifications for aircraft. The Bidder shall provide this documentation within 5 business days upon request from the Commission. If the Contract Manager determines the Vendor that has submitted the lowest price does not have sufficient experience, equipment, etc. to meet the specifications detailed in this SOW, the Commission reserves the right to reject the Vendor and to evaluate the next lowest Vendor.

3.3. These three items (listed below) are required to be submitted with the bid package.

3.3.1. Copy of Federal Aviation Administration (FAA) Air Carrier Certificate

3.3.2. Certificate of insurance

3.3.3. Evidence of satisfactorily passing all required FAA flight checks in accordance with provisions for 14 CFR Part 135.

4. SURVEY SPECIFICATIONS

4.1. The FWC anticipates the need for one aircraft to conduct right whale surveys. The survey crew will consist of two pilots and two FWC biologists. FWC right whale aerial surveys are conducted under a research permit issued by NOAA Fisheries. The vendor will be bound by the terms and restrictions of this permit.

4.2. The FWC anticipates these surveys to be based out of St. Augustine Airport (KSGJ) located at 4796 US 1 North St.

Augustine, FL 32095. The FWC cannot guarantee a minimum number of flight hours but anticipates the number of contracted hours to be 350 hours per calving season (December 1-March 31 annually). The number of flight hours is contingent on funding, the ability to fly during acceptable survey conditions (detailed below), and uninterrupted aircraft availability.

4.3. Surveys are normally conducted from December 1st through March 31st (a four-month period) but may vary depending on whale distribution. Contracted aircraft and pilots must be available seven days per week during daylight hours to respond to the FWC's need for aerial support during these dates.

5. SURVEY OPERATIONS

5.1. Surveys will consist of tracklines that cover a subset of the offshore area from, but not limited to, Cape Canaveral, FL to Savannah, GA. The specific location of tracklines may vary depending on environmental conditions, whale distribution, and other variables. Surveys are typically conducted along tracklines that are oriented perpendicular to the shore extending from the shoreline to approximately 80 km (43 nautical miles) offshore but may also include shore-parallel tracklines. Ancillary surveys will be scheduled as needed and may be flown to confirm public sightings, locate tagged right whales, confirm reports of dead, injured, or entangled whales, etc. Surveys are conducted at an elevation of 1000 feet (1000 AGL) and a ground speed of approximately 185km/hr (100 knots).

5.2. Surveys are conducted within strict environmental parameters, which essentially dictate the schedule. Acceptable survey conditions are determined by wind speed, cloud ceiling (type and altitude), visibility and sea state. Typically, Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 13 of 66 visibility of at least two nautical miles, minimum ceiling of 1200 feet, and sea state less than or equal to three on the Beaufort scale (winds 7 -10 kts), are considered to be within acceptable survey parameters. Surveys may be flown in higher sea states on a case-by-case basis. Surveys will be flown under visual flight rules (VFR) conditions.

Transits may be conducted under Marginal Visual Flight Rules (MVFR) on a case-by-case basis. Surveys may be rescheduled or canceled at any time due to environmental factors and/or safety considerations.

5.3. FWC staff will be in contact with the Pilot-in-command (PIC) daily to discuss anticipated weather conditions and tentative flight schedules; therefore, it is imperative the PIC and pilot-second-in- command (SIC) be linked to an infallible communication network (e.g., telephone, cell phone, internet access). Pilots must remain up to date on local weather forecasts and conditions and may be asked to provide weather information related to the flight and aviation forecasts, especially in cases of fog and low ceiling conditions. Pilots must monitor weather conditions during flights and advise FWC staff on any potential weather impacts (e.g., storms, fog, low ceiling) to the survey area or ability to land at the designated airport.

5.4. Typical takeoff time is 0900 hours, and the aircraft is expected to be fueled and ready to take flight prior to the scheduled takeoff time. The go/no-go decision for survey each day will typically be made in the morning at 0715 hours. However, to fulfill contractual obligations, FWC staff may request that the pilots’ standby for improved weather conditions or contact the Vendor to schedule a flight on short notice even after the survey has been canceled for the day. FWC surveys will have priority over other scheduling for the aircraft.

5.5. Pilots must be knowledgeable of all local airports in the operation area as well as potential air space restrictions or closures. Pilots will relay air space restrictions that could or will impact survey efforts to FWC staff as soon as possible, so that effects to survey effort can be mitigated. Pilots will be asked to arrange clearance into restricted airspaces (e.g., Cape Canaveral) and should be able to effectively communicate the aircraft mission to tower or military personnel to minimize requests to deviate from course or altitude while transitioning through a controlled airspace.

5.6. Pilots must be capable of monitoring several radio stations simultaneously and work together to isolate radio channels when needed to allow the biologists to effectively communicate with each other and the pilots. This is especially important when circling whales in busy and/or controlled airspace.

5.7. Pilots should be able to understand the scientific mission and how the aircraft and onboard equipment are utilized in that mission. Survey plans are dynamic, and pilots must be able to quickly and efficiently modify flight routes and identify how changes might impact the available survey time. Pilots must understand the fuel consumption of their aircraft and be able to accurately and precisely predict the amount of time and fuel needed to complete a portion of survey or change in mission. Pilots are typically asked to provide biologists with the amount of time that is available for survey or how much time it will take to get from point A to point B. The pilots must be fully trained to use the aircraft’s global positioning system (GPS) units and must be able to utilize the aircraft GPS units in order to plot points, plan routes, and accurately fly designated tracklines at a consistent speed and altitude. The pilots must also be able to use the GPS units to assist with circling above targets in the water (e.g., whales). ForeFlight – an integrated flight app for pilots – simplifies flight planning and communication between the pilots and FWC biologists. Proficient use of this app is preferred.

5.8. When a sighting of interest (e.g., whale) is spotted by an FWC biologist, the pilots will be asked to immediately break from the trackline, navigate to the sighting, and circle a fixed location at 1000 AGL and the slowest practicable airspeed. Pilots will be given an estimated distance and bearing to the whale by the biologists and must be able to fly to that estimated location and set up a circle without a visual cue (this is important in order to relocate a whale that dove beneath the surface after the initial sighting). The pilots must be able to document the exact location of the initial sighting to relocate the target for photographs and should be prepared to take updated GPS positions

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-16, Page 14 of 66 of the whale while it is visible at the surface of the water. While circling whales (or other targets) for purposes of obtaining clear, top-down photographs for use in photo-identification, the pilots and aircraft must be able to circle at an appropriate bank angle, slow speed, and 1000AGL. Pilots must also be able to mitigate for wind speed and direction while circling and work collaboratively with biologists to set up circles in the best location to minimize glare and obtain photos of the head of the whale.

5.9. These parameters are typically accomplished by flying a repetitive elliptical pattern that allows the biologists to visually follow the whale or predict its location based on the location of the aircraft. The pilots should be able to utilize a GPS and spatial awareness skills to keep the aircraft circling above the whale while it is not visible at the surface. This is especially important when the whale is traveling or subsurface for long periods of time (approximately 20 minutes). Once FWC staff determine the whale(s) has (have) been photographed sufficiently, the pilots will be asked to record a final position, break from circling, and resume survey on the trackline from the initial point of deviation. The photographer may occupy the right rear seat and, if so, the pilot seated in the right seat typically has the most unobstructed view of the whale(s); therefore, both pilots should have experience circling the aircraft for photographs.

5.10. Consistent pilot staffing for the duration of the project is preferred. The contract manager or designee shall be notified at least 24 hours prior to flight about changes in aircraft or pilots. Preferably, changes in aircraft or pilots should be discussed weeks in advance, so that FWC staff may notify partner agencies and organizations about the changes and schedule time to transfer equipment.

6. FLIGHT FOLLOWING

6.1. The Vendor shall provide, install, and maintain an automated flight following (AFF) system (e.g., Spider Tracks) per the manufacturer’s requirements. The Vendor must procure and maintain a subscription for satellite service that allows the FWC to login and track the aircraft’s whereabouts during surveys. The standard position-reporting interval shall not exceed two minutes and should include the aircraft’s location, speed, and altitude. The AFF system should provide live tracking for the entire duration of the current flight. Access to previous survey flight data (history replay) is preferred. Aircraft location checks shall not exceed one-hour intervals under normal circumstances. It is incumbent upon the Vendor to conduct a thorough evaluation of any potential AFF vendor's services and products to ensure compliance with this requirement.

7. PILOT AUTHORITY AND RESPONSIBILITIES

7.1. The pilots are responsible for operating the aircraft within its operating limits and the safety of the aircraft, its occupants, and cargo. The pilots shall comply with the directions of FWC staff, except when in the pilots’ judgment compliance will be a violation of applicable federal or state regulations or agreement provisions. The pilots shall refuse any flight or landing which is considered hazardous or unsafe. Pilots must remain at the flight controls while an aircraft engine is operating.

7.2. The pilots shall not permit any passenger to ride in the aircraft during survey or any cargo loaded unless authorized by FWC staff.

7.3. Pilots are responsible for computing the weight and balance for all flights and for assuring that the gross weight and center of gravity do not exceed the aircraft’s limitations. Pilots shall be responsible for the proper loading and securing of all internal or external cargo.

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7.4. The pilots shall ensure that a manifest of all crew members and passengers on board has been completed. A copy of this manifest shall remain at the point of initial departure. Manifest changes will be left at subsequent points of departure when practical.

7.5. Pilots shall file and operate on a FAA flight plan. Vendor flight plans are not acceptable. Flight plans shall be filed prior to takeoff when possible.

7.6. Prior to the first flight of each passenger and at least once a month following the initial flight the pilots shall brief

FWC staff on the ditching procedures for the aircraft and carry-out a ditching drill (simulation) on land that includes a controlled egress of all passengers.

7.7. Before each takeoff, the pilots shall ensure that all passengers have been briefed in accordance with the briefing items contained in 14 CFR 135 including:

7.7.1. Emergency Locator Transmitter (ELT).

7.7.2. First Aid Kit (if applicable)

7.7.3. Personal Protective Equipment (if applicable)

7.7.4. Battery and fuel cutoff switch location

8. FLIGHT CREW REQUIREMENTS

8.1. Two pilots, Pilot-in-command (PIC) and Pilot-second-in-command (SIC) are required for each flight.

8.2. Pilots shall have at least a FAA commercial pilot certificate with appropriate category, class, and type rating if required.

8.3. Pilots shall have instrument rating for airplanes.

8.4. Pilots shall hold at least a current second-class medical certificate issued under provisions of 14 CFR Part 67.

8.5. Pilots shall show evidence of satisfactorily passing all required FAA flight checks in accordance with provisions of 14 CFR Part 135. All pilots shall meet the currency requirements of 14 CFR 61.57.

8.6. Pilot flight hours shall be verified from certified pilot records.

8.7. Pilot-in-command shall have recorded minimum flying time as PIC as follows:

8.7.1. 1500 hours total pilot time

8.7.2. 100 hours in category within the preceding 12 months

8.7.3. 1200 hours PIC in airplanes

8.7.4. 25 hours make and model

8.7.5. 200 hours multiengine

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8.7.6. 100 hours operating below 1000 feet supporting observational, photogrammetric, or other natural resources surveys (over open ocean preferred).

8.8. 10 hours PIC in make and model in the last 60 days and/or 5 hours total time in make and model in the last 30 days.

8.9. Pilot second-in-command (SIC) must meet requirements as specified in 14 CFR Part 135.

8.10. Completion of a dedicated course on unusual attitude and spin recovery training within the last 18 months is preferred for both pilots.

8.11. Vendor must demonstrate that all pilots have taken an aircraft ditching and water survival training course within the preceding 5 years and an annual egress video refresher. At minimum, the course and training should include:

8.11.1. An 8-hour program designed to provide aircraft crew that are traveling over water with the knowledge and skills necessary to react to an aircraft-ditching emergency, care for themselves in a sea survival situation, and to participate to the maximum extent in their rescue.

8.11.2. Course is recommended to include:

a. Hazards to aircraft and personnel during over water operations

b. Safety and survival equipment requirements and utilization

c. Pre-ditching considerations and procedures

d. Survival and rescue water skills

e. Underwater escape training using Modular Egress Training Simulator (METS™)

f. Emergency ditching and evacuation procedures

g. Smoke in the cockpit/cabin

h. Upright emergency evacuation

i. Firefighting in the cabin/cockpit

j. Rescue/recovery at sea simulation

9. PILOT PROFICIENCY

9.1. Pilots shall display evidence of experience in using all specified aircraft equipment and may be required to demonstrate proficiency.

9.2. Pilots shall demonstrate their ability to perform the following functions with the required GPS:

9.2.1. Determine the geographic coordinates of a destination identified on a sectional aeronautical chart.

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9.2.2. Install destination coordinates.

9.2.3. Acquire distance/bearing information to a destination.

9.2.4. Record as a waypoint, coordinates of various locations while enroute to a primary destination.

9.2.5. Navigate from a present position to a selected recorded waypoint or between two recorded waypoints.

9.3. Pilots shall be knowledgeable of instrument flight rules (IFR), visual flight rules (VFR), low level and slow flight procedures while flying over water. This includes special flight techniques for low level in slow flight configuration and circling.

9.4. The Vendor shall submit an experience resume to the contract manager for each pilot offered for approval. The resume shall include names and pilot addresses of past employers, substantiation of related type and typical terrain flying, confirmation of minimum flight time detailed above, and must show any and all accidents involving aircraft. Examples of format include United States Department of Agriculture (USDA) Forest Service form FS-5700- 0020 and US Department of Interior form OAS-64A.

9.5. Pilots should be available for a meeting with FWC staff prior to the first scheduled flight to discuss survey parameters. A selected Vendor's pilots are prohibited from engaging in services or working for other parties during the hours aerial surveys are being performed for FWC.

10. PILOT DUTY AND FLIGHT LIMITATIONS

10.1. Duty includes flight time, ground duty of any kind, and standby or alert status. Local travel up to a maximum of 30 minutes each way between the work site and place of lodging will not be considered duty time. Pilots will be subject to the following duty hour limitations:

10.1.1. A maximum of 14 consecutive duty hours during any assigned duty period

10.1.2. Pilots shall be given 1 day of rest within any 7 consecutive calendar days, or two days of rest within any 14 consecutive days.

10.1.3. Pilots shall be given a minimum of 10 consecutive hours of rest (off duty), not to include any preflight or post-flight activity, prior to any assigned duty period.

10.2. All flight time, regardless of how or where performed, except personal pleasure flying, will be reported by each pilot and used to administer flight time and duty time limitations. Flight time to and from a duty station as pilot (commuting) will be reported and counted toward limitations if it is flown on a duty day. Flight time includes but is not limited to: military flight time, charter, flight instruction, 14 CFR 61.56 flight review, flight examinations by FAA designees, and flight time for which a pilot is compensated or any other flight time of a commercial nature whether compensated or not. Pilot time computation shall begin at takeoff and end when the aircraft is stopped at the parking spot.

10.3. Flight operations shall not extend beyond 45 minutes reserve fuel at 120 knots at sea level.

10.4. Pilots will be limited to the following flight hour limitations, which shall fall within their duty hour limitations:

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10.4.1. 10 hours for a flight crew consisting of two pilots during any assigned duty period.

10.4.2. When a pilot acquires 40 or more flight hours in a consecutive six-day period, the pilot…