FWC 26.27-31 Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

Apalachicola Bay Oyster Restoration

FWC 26/27-31

INVITATION TO BID

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for a contractor to coordinate the acquisition, delivery, staging, and deployment by barge of restoration material to help restore degraded oyster reef habitat in Apalachicola Bay, Franklin County, Florida, 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: _________________________ Vessel Operator Captain’s License 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 26/27-31, Page 3 of 73

CALENDAR OF EVENTS

FWC 26/27-31

SCHEDULE DUE DATE METHOD

Bid Advertised October 1, 2026 Posted on the Vendor Information Portal (VIP)

MANDATORY Pre-Bid Conference October 14, 2026

@ 9:30AM ET

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

Conference room number: 272 667 895#

Deadline for Questions

Must be received PRIOR to:

October 21, 2026

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions

October 26, 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:

November 3, 2026

@ 1:30 PM ET

Mailing Address:

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

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

Public Bid Opening November 3, 2026

@1:30 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

Conference room number: 943 305 412#

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

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-31, Page 4 of 73

GENERAL CONDITIONS

FWC 26/27-31

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

Rachel Massey rachel.massey@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

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ESTIMATED BUDGET

The Commission has an estimated budget for this project of $3,500,000.00.

TERM

The contract will be effective one year 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 NOT 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.

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.

MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held virtually via Microsoft Teams on the date and time specified in the Calendar of Events (Page 3). The purpose of the pre-bid conference is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. Vendors must attend this pre-bid conference as a requirement of bid 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-bid conference, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference 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.

Click or tap here to enter text.

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 26/27-31, Page 6 of 73

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).

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.

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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 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.

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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.

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.

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-31, Page 9 of 73

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s.

119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

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

FWC CONTRACT MANAGER

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

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

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

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

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

DELIVERABLES

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

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

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

NOTICE TO PROCEED

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

CERTIFICATE OF CONTRACT COMPLETION

The Contract Manager shall conduct a final inspection of the work to determine if completion has occurred. Upon satisfactory completion of the work, the Contractor shall send the Contract Manager a notarized Certificate of Contract Completion (Attachment E) and the contract shall be deemed completed upon the issuance date of such Certificate.

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100.00 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

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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 Commission. 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.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission. If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the Commission.

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

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

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s), or the purchase price shall be refunded. The refund or the delivery of the replacement product(s) shall be made within thirty

(30) days following the Contract Manager’s notification to the Contractor that the original product(s) was non-compliant. Costs of returning the original product(s) will be the sole responsibility of the Contractor.

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.

PERFORMANCE BOND

A Performance Bond shall be required from the Contractor by the Commission for this project. Prior to commencing any work, and within ten (10) days after issuance of a Purchase Order, the Contractor shall furnish a Performance Bond in the amount of one hundred percent (100%) of the total contract price to ensure full and complete performance of the contract to the attention of the Contract Manager. The bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, the Purchase Order assigned to the project by the Commission, and a description of the property being improved with a general description of the project. Please note: A Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the Commission, licensed to do business in the State of Florida and signed by a Florida Licensed Resident Agent. Such a bond shall be accompanied by a duly

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-31, Page 11 of 73 authenticated power of attorney evidencing that the person executing the bonds on behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the Contractor.

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

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

AUTHORIZED COMPENSATION

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

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S.

For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

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

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

CONDITIONS AND SPECIFICATIONS

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

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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

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SCOPE OF WORK

FWC 26/27-31

APALACHICOLA BAY OYSTER RESTORATION

PURPOSE

The Florida Fish and Wildlife Conservation Commission (FWC) is seeking a contractor to coordinate the acquisition, delivery, staging, and deployment by barge of restoration material to help restore degraded oyster reef habitat in Apalachicola Bay, Franklin County, Florida, as specified herein.

The Contractor is responsible for the purchase and delivery of material to staging area location(s). The staging area(s) must be provided by the Contractor. At the staging area, the Contractor shall load the material onto flat deck barges, provided by the Contractor, where it will be delivered, by the Contractor, to FWC-designated oyster reef restoration sites. The Contractor shall deploy the material using a water cannon, excavator, or bulldozer, per the specifications of each restoration site.

The Contractor will also disperse existing restoration material from previous restoration projects deployed in 2024 to reduce the height of certain sites.

1. COMPLETION DATE

Project shall be completed by the Contractor by September 1, 2027.

2. PROJECT MANAGER

The Contractor will coordinate and schedule all work with the FWC Project Manager(s). Contact information for the FWC Project Manager(s) will be provided to the Contractor after award.

3. SITE LOCATION

Apalachicola Bay – Located in Franklin County, Florida. The oyster reef restoration sites are located in central Apalachicola Bay, south of the John Gorrie (US 98/US 319/SR 30) Bridge and east of the St. George Island/Bryant Patton Memorial (SR 300) Bridge (Figure 1). The Contractor must secure the use of any staging area(s) and associated access for vessels. The depth of the restoration area ranges from 3–6 feet during spring and summer months.

4. JOB LOCATIONS

4.1. The Contractor will be responsible for providing and/or locating and obtaining the use, including any payment or remediation required by the site owner, of a staging site(s) to store and load/unload project materials and equipment. The Contractor’s proposed staging site(s) location is subject to review and approval by the FWC Project Manager(s) prior to a Notice to Proceed being issued.

4.2. The Contractor will acquire, transport, deliver, stage, and deploy restoration material for the oyster reefs. The Contractor will deploy, by barge, approved restoration material (as defined in section 6.2) in rows measuring 300 yards x 100 yards x 16 inches in height using a minimum 13,333 cubic yards of approved restoration material. The completed project will include two parallel rows, referred to as “restoration sites,” totaling at least

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26,666 cubic yards of restoration material with a footprint of 12.4 acres. FWC staff may mark the beginning and end of each restoration site with buoys prior to restoration material deployment.

4.3. The Contractor will disperse existing restoration material from restoration projects deployed in 2024 by barge, using an excavator or other equipment and method approved by the FWC Project Manager(s) to drag and spread material from the highest points of the sites. Precise GPS locations will be provided to the awarded Contractor prior to the Contractor commencing any work.

5. PROJECT PERIOD

5.1. Work is to start no more than two (2) weeks after receiving the Notice to Proceed unless otherwise agreed upon by the FWC Project Manager(s). FWC, at its sole discretion, retains the right to change the beginning date if conditions warrant such a change.

5.2. All restoration material deployment and dispersal can only occur from May 1 through September 1, or as determined by the FWC Contract/Project Manager(s).

5.3. Restoration material deployment dates must be scheduled in advance and approved by the FWC Project Manager(s). Restoration material deployment must occur on weekdays, excluding state holidays, between official sunrise and 30 minutes before official sunset Eastern Time. Modifications to this delivery schedule may be made by mutual agreement of the Contractor and the FWC Project Manager(s).

5.4. FWC may authorize additional materials delivery on an as-needed basis.

6. SERVICE SPECIFICATIONS

6.1. The Contractor will provide the FWC Project Manager(s) with a fully executed and notarized agreement between the property owner (if not the Contractor) and the Contractor, for any staging area(s) prior to a Notice to Proceed being issued. Prior to requesting final payment, the Contractor must provide a notarized release from the owner(s) of any property used for off-loading stating the Contractor has fulfilled the terms of their agreement.

6.2. Restoration material is defined as the substrate material to be placed in designated restoration area locations in Apalachicola Bay. Restoration materials that are suitable for oyster reef restoration include 1) uniformly sized concrete, 2) mixed-layer concrete, or 3) crushed lime rock, as described below.

6.2.1. Uniformly Sized Concrete: Concrete material is defined as cement, water, and aggregate with a density greater than 150lbs/ft3. Concrete shall be clean and free from excess dirt, asphalt, rebar, creosote, petroleum, or other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. By weight, at least 85% of the uniformly sized concrete material must be 2.5–4 inches in size. No more than 10% of the concrete shall have an elongation (ratio of greatest dimension to least dimension) greater than 3:1.

6.2.2. Mixed-Layer Concrete: Concrete material is defined as cement, water, and aggregate with a density greater than 150lbs/ft3. Concrete shall be clean and free from excess dirt, asphalt, rebar, creosote, petroleum, or other hydrocarbons and toxic residues, loose free-floating material or other deleterious substances. Mixed-layer concrete will consist of a base layer where, by weight, at least 85% of the concrete material must be 5– 8 inches in size. The top layer will be comprised of concrete where at least 85%, by weight, is 2.5–4 inches in

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-31, Page 14 of 73 size. No more than 10% of the concrete shall have an elongation (ratio of greatest dimension to least dimension) greater than 3:1.

6.2.3. Crushed lime rock is defined as high-grade lime rock, crushed into solid, angular aggregates with moderate to low rugosity and Mohs hardness 3–4. By weight, at least 85% of the crushed lime rock material must be between 2.5–4 inches in size. The average dry bulk density must be between 85–175 lbs. per cubic foot. The calcium carbonate fraction must be at least 90%, and the clay fraction must be less than 5%. No more than 10% of the stone shall have an elongation (ratio of greatest dimension to least dimension) greater than 3:1.

Prior to stockpiling and/or loading, the restoration material shall be screened to remove excess small particles, non-aggregate materials, sediment, and/or off-grade material. By weight, these excess materials cannot exceed 5% of the delivered crushed lime rock restoration material.

6.3. Restoration material provided by the Contractor must be of the same type (concrete or crushed lime rock).

Mixing lime rock and concrete restoration material types will not be accepted.

6.4. All restoration materials are subject to review and approval by the FWC Project Manager(s) before placement.

The Contractor shall provide a copy of a current materials laboratory assay (data sheet) dated within 60 days of award to the FWC Project Manager(s) before installation, which reports 1) the percentage of material ranging from 2.5 to 4 inches and/or 5 to 8 inches (for the mixed-layer concrete), 2) the respective average dry bulk density of the material (lbs. per cubic foot) for lime rock, 3) the percentage of calcium carbonate for lime rock, 4) Mohs hardness for lime rock, and 5) the total percentage by weight of small particles, nonaggregate materials, sediment, and off-grade materials for both lime rock and concrete.

6.5. Restoration material shall be transported in containers that are clean and free of debris. Restoration material shall be transported and stockpiled in a manner that will minimize contact with the soil beneath the stockpile and minimize breakage.

6.6. The Contractor shall provide shallow draft deck barge(s), self-propelled or propelled by an accompanying vessel or push boat, capable of delivering and depositing oyster restoration material on shallow oyster reefs (3ft – 6ft) in Apalachicola Bay. The barge and accompanying vessel or push boat shall be capable of navigating, when loaded, in waters as shallow as a depth of three (3) feet. The barge shall have the capacity to deliver loads of a minimum of 75 cubic yards per trip to the designated restoration site. The deck barge shall be equipped with safety feature(s) required to provide safe operations. The barge shall be equipped with all safety features required by the U.S. Coast Guard. The Contractor shall provide a vessel operator possessing the capability and the licenses required to pilot the shallow draft deck barge. The operator shall be in charge of maritime operations and responsible while the barge is underway, as well as during the restoration material loading and deployment operations. The operator shall pilot the vessel(s) between the loading area and the restoration sites.

6.7. Any machinery used to move and deploy the materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The accompanying vessel or push boat shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit, and other marine electronics, including a working VHF radio.

6.8. The Contractor shall load approved restoration material onto the deck barges using the Contractor’s own equipment and personnel, transport the restoration material to the specified deployment sites, and deposit the restoration material according to the specifications contained herein.

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6.9. The FWC Project Manager(s) will collect copies of scale tickets for each load, which shall include the volume and weight. Scale tickets shall be signed off by the FWC Project Manager(s) to verify the quantity of restoration material delivered. Material that does not meet specifications will not be accepted.

6.10. Uniformly sized concrete or crushed lime rock material shall be placed at each restoration site to achieve an average height of 16 inches, with a minimum height of 12 inches and a maximum height no greater than 18 inches from the bottom of the bay. (Figures 4 or 6)

6.11. Mixed-layer concrete shall be placed by first starting with a base layer of larger concrete (5–8 inches) that shall be placed at each restoration site to achieve an average height of 12 inches, with a minimum height of 9 inches and a maximum height no greater than 15 inches from the bottom of the bay. The top layer of concrete shall be of smaller size (2.5–4 inches) and placed on top of the base layer of larger concrete to achieve a combined average height of 16 inches, with a minimum height of 14 inches and a maximum height no greater than 18 inches from the bottom of the bay. (Figure 5)

6.12. If material is placed in such a way that the maximum height is greater than 18 inches, it shall be the responsibility of the Contractor to reduce the height so as to not exceed 18 inches above the substrate to ensure the restoration reef does not create a navigational hazard.

6.13. All restoration material shall be composed of uniformly sized concrete, mixed-layer concrete, or crushed lime rock as defined in 6.2. Restoration material shall be clean and reasonably free from soil, quarry fines, and shall contain no refuse.

6.14. FWC staff will be permitted to be on-site during restoration material deployment to confirm placement of the restoration material within the designated boundaries of each restoration site.

6.15. FWC staff may conduct an on-site inspection(s) to verify restoration material installation according to the specifications described herein and in the attached Figures.

6.16. During the deployment of the material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the restoration material on the bottom of the bay. Restoration material must be arranged in specified locations and not widely scattered.

6.17. The designated deployment area shall comprise two restoration sites, each with dimensions of 100 yards by 300 yards. The sites are to be aligned parallel to one another, 50 yards apart, with a north-to-south orientation. For exact coordinates, see Figure 2.

6.18. FWC staff may conduct on-site mapping inspections to verify the deployment according to the specifications described herein. If mapping inspections are performed, the Contractor shall remain on site during such inspection and be prepared to correct any deployment issues.

6.19. Precise GPS locations of the deployment area will be provided to the Contractor, and the terminal ends of the reef sites shall be marked with buoys by the FWC Project Manager(s) prior to restoration material deployment.

The marker(s) shall be buoys of sufficient size and color to be clearly visible to the captain and sufficiently anchored and with sufficient scope so that they will not drift off the designated restoration site prior to deployment. The contractor will not be compensated for materials placed outside the deployment area as described in Figure 1 and Figure 2 below.

Ch. 287 Invitation to Bid – Revised 07.01.2026 FWC 26/27-31, Page 16 of 73

6.20. The Contractor will use an excavator or other equipment/method to disperse restoration material from existing restoration sites to reduce the height of certain sites. Precise GPS locations will be provided to the awarded Contractor prior to the Contractor commencing any work.

6.21. The FWC Project Manager(s) will notify the Contractor of any necessary adjustments to reef height, and those adjustments must be corrected by the Contractor within 28 calendar days of notification or prior to September 1, 2027. Any corrections needed after September 1, 2027, must be approved by the FWC Project Manager(s) and completed by September 20, 2027.

7. GENERAL REQUIREMENTS

7.1. The Contractor shall conduct all work within the parameters of the U.S. Army Corps of Engineers Programmatic General Permit (PGP) SAJ-99; Permit No. SAJ-2007-03138. This permit will be attached to the ITB advertisement on VIP as a separate PDF file. If FWC receives any updates on this permit, the FWC Project Manager(s) may provide such to the Contractor within 5 working days.

7.2. The Contractor shall have completed at least three (3) projects deploying material from a barge in shallow environments within the past eight (8) years. The Contractor shall use Attachment H - Experience Form, to evidence that this requirement is met. Failure to return a completed Experience Form with the bid submission will cause the submission to be deemed non-responsive.

7.3. Upon award, the awarded Contractor shall commence and complete work without interruptions or delays, except for those initiated by FWC or force majeure.

7.4. The Contractor shall provide a site-observer to be on-site during deployment of material throughout the duration of the project to monitor deployment and alert the Contractor and FWC Project Manager(s) of any turbidity in the water caused by the deployment. If turbidity is observed, the Contractor must immediately stop all work until mitigation measures can be implemented as required in section 7.10.

7.5. The Contractor shall complete a visual inspection of each restoration site using divers or snorkelers after each site is completed.

7.6. The Contractor shall perform the work in a safe, diligent manner and will furnish and use such safety devices, methods, and measures as are required to protect the Contractor and employees thereof, FWC personnel, and the general public against bodily injury and/or damage to property.

7.7. Neither the Contractor nor any of its employees may possess alcohol while on the job site. The Contractor shall be responsible for the conduct of hired personnel at all times while within the project area.

7.8. The Contractor shall remove all extraneous materials, equipment, and litter associated with the project from the staging area(s) before final payment will be awarded.

7.9. The Contractor shall use every precaution necessary to prevent pollution of waterbodies by fuel, oils, chemicals, or other harmful materials. All waterways will be kept free of contractor-generated debris.

7.10. The…