ITB 2024012 - Dive Vessel for Coral Reef.pdf

Invitation to Bid (ITB)

For

Dive Vessel for Coral Reef Protection & Restoration

ITB 2024012

Procurement Officer:

Sabina Flanagan Purchasing Analyst, Department of Environmental Protection Bureau of General Services - Procurement Section

3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Email: Sabina.Flanagan@FloridaDEP.gov

Dive Vessel for Coral Reef Protection & Restoration

Rev. 7/18/2022

Table of Contents

1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract Terms

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 ITB Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the ITB

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the ITB

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

4 Technical Specifications

4.1 Technical Specifications

4.2 Definitions

4.3 Contractor Responsibilities

4.4 Department’s Responsibilities

4.5 Enforcement

5 Award

5.1 Basis of Award

5.2 Florida-Based Business Preference

5.3 Award Preferences for Equal Scores (Ties)

5.4 Recommendation of Award

5.5 Posting of Decision

5.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Invitation to Bid (ITB) to contract for a Dive Vessel for Coral Reef Protection & Restoration. The Solicitation will be administered through the Vendor Information Portal (VIP). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITB.

1.1 Solicitation Objective

The Department intends to enter into a Purchase Order through MyFlorida Marketplace incorporating Attachment 1, Standard Terms and Conditions Applicable to Competitively Procured Purchase Orders and Attachment 2, Special Terms and Conditions for Purchase Orders, for Dive Vessel for Coral Reef Protection & Restoration, hereby incorporated by reference. The Department intends to make a single award, however the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.2 Background and Program Information

The Coral Protection and Restoration Program, within the Office of Resilience and Coastal Protection, was first established in 2020 to support the holistic management of Florida’s Coral Reef. The vision and mission of the Coral Protection and Restoration Program is to holistically manage, protect, and restore Florida’s Coral Reef (FCR) to ensure sustainable coral reef ecosystem functions and services by:

• Effectively administering state and federal funding for Florida’s Coral Reef priorities;

• Providing leadership for the Florida Stony Coral Tissue Loss Disease (SCTLD) response, restoration of Florida’s Coral Reef, and the enhancement of regional water quality, with a focus on Biscayne Bay;

• Guiding regional, state, and national coral reef authorities, policies, and procedures, and recommendations to ensure consistency and effectiveness of reef management actions.

The acquisition of this vessel is part of a larger legislative budget request and priority known as the "Florida's Coral Reef Restoration and Recovery Initiative" (FCR3). The goal of this initiative is to chart a bold course to the restoration and recovery of 25% of the structure and function of Florida’s Coral Reef by 2050. Through facilitating an unprecedented, evidence-based propagation and outplanting program conducted by the state and its partners, Florida’s Coral Reef will be restocked with hardy populations of native corals and other keystone species to re-establish and strengthen natural reproduction, dispersal, and recruitment patterns. As such, a dive vessel is needed in order to support DEP and partner initiatives that protect and restore Florida's Coral Reef and surrounding ecosystems.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will be upon execution of the Purchase Order until June 15, 2024, with no renewal year(s).

1.4 Definitions

The “General Contract Conditions” Form PUR 1000 (PUR 1000) and “General Instructions to Respondents” Form PUR 1001 (PUR 1001), found in Rule 60A-1.002, Florida Administrative Code (F.A.C.), are hereby incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms. The following definitions apply to this ITB:

Business Days - Monday through Friday, inclusive, except for State government holidays.

Confidential Information - Any documents, data, or records that are confidential and not subject to disclosure pursuant to Chapter 119, Florida Statute (F.S.), the Florida Constitution, or any other authority.

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this Solicitation.

Respondent – An entity that submits a Response to this ITB.

State - The State of Florida.

1.5 Draft Contract Terms

Awarded Respondent(s) must provide the commodities sought by this ITB in accordance with the terms, conditions, and Technical Specifications detailed in the Purchase Order (PO). All Respondents should carefully review Attachments 1 and 2, prior to submission of a Response. Any questions related to the Contract should be submitted as a formal question in accordance with the instructions contained in this

ITB.

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this ITB from the date of release until an Agency Decision is posted on the VIP. Violation of this provision may be grounds for rejecting a Response.

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VIP at https://vendor.myfloridamarketplace.com/ in accordance with Section 2.3.1.2 below.

The Department will not talk to any Respondents or their agents regarding a pending solicitation.

Questions will NOT be answered via telephone.

1.7 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting.

1.8 Timeline of Events

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to modify this schedule and will notify participants in the Solicitation by posting an addendum to this Solicitation on VIP. It is the responsibility of the Respondent to check VIP on a regular basis for such updates.

Event Date Time* Location/Method

ITB Advertised 2/19/24 N/A Vendor Information Portal 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 https://vendor.myfloridamarketplace.com/

Questions Due 2/26/24 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

2/29/24 Vendor Information Portal

Responses Due 3/11/24 3:00 PM

Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 3/12/24 10:00 AM

Teleconference by calling 1-850-629-7330

Phone Conference ID: 920 191 084# The number will be active 5 minutes before the meeting.

Award Date (Anticipated) On or about:

3/25/24 Vendor Information Portal

*All times are Eastern Time Zone.

1.9 List of Attachments and Forms

The Attachments and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the ITB posting. If a Form requires electronic completion or filling in, such as a Microsoft Excel spreadsheet, an electronic copy can be obtained by contacting the Procurement Officer.

Attachment Title 1 Standard Terms and Conditions Applicable to Competitively Procured Purchase Orders 2 Special Terms and Conditions for Purchase Orders

Form Title A Business Response Form B Foreign State Preference Opinion Form

C -RESERVED-

D Price Sheet E Award Preference Form

2 ITB Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire ITB, all attachments, and any addenda before submitting a Response. Vendors interested in submitting a Response must comply with all instructions, terms, and conditions of this ITB to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this ITB, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this ITB are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the ITB

The ITB is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The ITB process involves three phases: Solicitation, Minimum Mandatory Requirement Review and Evaluation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit (If Applicable) The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non- Responsive.

Note: Any answers to questions given at any conferences or site visits are not binding and do not alter the ITB. Only questions submitted in accordance with the instructions below and answered on the VIP are considered binding.

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the ITB to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the ITB.

Questions will not constitute a formal protest of the specifications or of the Solicitation. Answers to questions will be posted on the VIP.

All emails shall have the Solicitation number in the subject line. The Department recommends that questions be submitted in the following format:

ITB Section ITB Page # Question

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; however, Respondents are encouraged to submit their Responses no earlier than five (5) days prior to the submission deadline. Responses must be submitted by the deadline listed in the Timeline above.

2.3.1.4 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.8. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses may be sent to the Program Area for their qualifications review, if any.

2.3.2.2 Responsibility Review

The Department will review the Responsibility section of the Respondent’s Business Response Form, Form A, for affirmative responses and attached documentation, if any. Answers in the affirmative are not, in themselves, grounds for declaring a vendor as Non-Responsible; the Department may seek additional clarification and decide whether the circumstances of the case warrant declaring a Respondent Non-Responsible. Respondents deemed Non-Responsible are not eligible for Contract Award.

2.3.2.3 Qualifications Review (if any)

If the Department requires the Respondents to submit documentation as evidence of qualifications, the Department will review said documentation to ensure it supports the minimum qualifications outlined in Section 1.2.

2.3.3 Evaluation Phase

Price Sheet Evaluation The Procurement Officer will review and compare the Price Sheets of the Respondents who are determined to be responsible and develop the recommendation of award based on the lowest total price (LTP) as described on the Price Sheet, Form D.

2.4 Conformance to Requirements

In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements included in this ITB. Responses failing to conform in all material aspects to the requirements included in this ITB are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

2.5 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding 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 Officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a Response.

2.6 Addenda/Amendments to the ITB

The Department reserves the right to modify this ITB by issuing addenda and/or amendments. All changes to the ITB will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP. Issuance of written Addenda and/or amendments is the only method by which a solicitation may be modified.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until a PO is issued to the Contractor in MFMP. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

The Contract will be a PO (hereinafter, "Contract") issued in MFMP, the terms and conditions of which are attached, which will incorporate the Scope of Work/Technical Specifications, below in Section 4, relevant portions of the Response submitted by the awarded Respondent (if any), and the Price Sheet submitted by the awarded Respondent. If there is any discrepancy between the Scope of Work/Technical Specifications and the incorporated relevant portions of the Response, the terms most favorable to the Department shall prevail.

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response, except those identified in the Contract. The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITB and its attachments to the attention of the Department prior to the submission of its Response. At any time during the Solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract. The Contract that results from this Solicitation will be posted on the Florida Accountability Contract Tracking System (FACTS) website in accordance with section 215.985, F.S., “Transparency Florida Act.”

2.8 Disclosure of Response Contents

All documentation produced as part of the ITB will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section 2.9. Once the Procurement Officer opens the Response, the Response may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S.

2.9 Withdrawal of Responses

The Respondent may withdraw or modify a Response at any time prior to the due date by submitting a request to the Procurement Officer.

2.10 Administrative Cure Process

In the interest of maximizing competition, the Response qualification and cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Response that are identified in the Minimum Mandatory Review Phase. Therefore, the Department may, in its sole discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the ITB and allow for the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures made pursuant to this section will be accepted by the Department.

2.11 Clarification Process

The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

2.12 Information from Other Sources

The Department reserves the right to seek information from outside sources regarding the Respondent, the Respondent’s offerings, capabilities, references, and the Respondent’s performance, if the Department determines that such information is pertinent to the ITB. The Department may consider such information throughout the Solicitation process including, but not limited to, determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the Solicitation.

2.13 Firm Response

The Department may make an award within one hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within one hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract, or the Department receives from the Respondent written notice that the Response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.

2.14 Right to Reject

The Department may reject any Response not submitted in the manner specified by the Solicitation documents. Respondents whose past performance, current status, or Response does not reflect the capability, integrity, or reliability to fully, and in good faith, perform the requirements of Contract may be rejected as Non-Responsible and are not eligible for Award.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

• Cancel this Solicitation.

• Make no Award and reject all responses.

• Withdraw the Solicitation at any time, including after an award is made.

• Withdraw or amend its Notice of Award at any time prior to execution of a contract, including, but not limited to situations in which the Contractor(s) fails to execute the contract.

• Re-procure services.

2.16 Misrepresentations

All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

2.17 Licensure & Registration

Prior to the execution of a Contract, the selected Respondent must be properly licensed to do business within the State, and all entities must be appropriately registered with the Florida Department of State, if required by federal or state law.

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section 3. Respondents may submit revised Responses at any time prior to the Response Due Date as specified in the Timeline of Events. Revised Responses must include a statement, signed and dated by an Authorized Signatory, withdrawing all prior Responses from the Respondent. Alternate commodities and/or contractual services may be proposed only if permitted in accordance with the instructions contained in this Solicitation. The Department is under no obligation to consider alternate commodities and/or contractual services to those requested in this Solicitation if not specifically requested as part of a Response and may reject a Response making such offers as Non-Responsive.

2.19 Exclusivity

This Solicitation will not result in an exclusive license to provide the commodities and/or contractual services described in this Solicitation or the resulting Contract. The Department may, in compliance with applicable laws, contract with other vendors to provide the same or similar commodities and/or contractual services if the Department determines that doing so will serve the State’s best interests.

2.20 Diversity

The State is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and woman-owned businesses. Participation of a diverse group of Respondents doing business with the Department is central to the State’s effort.

The Office of Supplier Diversity (OSD) has been established within the Florida Department of Management Services (DMS) to certify qualifying minority-owned, veteran-owned, and woman-owned business enterprises (CBEs). CBEs are encouraged to participate in the State’s procurement process as both prime Respondents and subcontractors. Non-CBE Respondents are encouraged to partner with CBEs for Contract performance.

2.21 Bid Protests

Failure to file a protest within the time prescribed in section 120.57(3), F. S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Documents received after normal working hours (Monday-Friday, 8:00 a.m. - 5:00 p.m., Eastern Time) will be filed the following business day.

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk's address is:

Agency Clerk, Office of General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Douglas Building, MS#35 Tallahassee, Florida 32399-3000 Email: Agency_clerk@floridadep.gov mailto:Agency_clerk@floridadep.gov

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms.

The terms of the PUR1001 are controlling for this ITB, except for the following sections, which are inapplicable:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4 of this Solicitation.

Section 5. Questions Questions shall be submitted in accordance with Section 2.3.1.2 of this Solicitation.

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by sections 2.10 and 2.14 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

Information about the registration process is available on, and registration may be completed at https://vendor.myfloridamarketplace.com/.

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS.

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Code Title 25111502 Fishing Boats 73161601 Fishing Ship or Boat Building Services 25111511 Oil or Gas Crew Boat 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 https://vendor.myfloridamarketplace.com/

25111800 Recreational Watercraft 25111534 Research Vessel 25181713 Boat Trailer

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference or a Site Visit.

3.3 Submission of Responses

Respondents shall deliver Responses to the Department’s office designated in the Timeline of Events before the date and time specified. Any Response that is received after the exact time specified in the Timeline of Events is late. Late Responses, as well as Responses submitted through email or by facsimile, are Non-Responsive and will not be evaluated. All Response materials must be packaged so that each box shipped to the Department does not exceed 25 pounds.

Response packages must be marked to show the Respondent's name and address, the Solicitation number, and the date and time Responses are due. If multiple packages are shipped, package sequences (i.e. 1 of 3, 2 of 4, etc.) must also be indicated on the outside of the package.

3.4 Response Content Requirements

Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below:

Volume Name Copies Volume I Business Response One (1) Original Volume II Price Sheet One (1) Original CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic Copy of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

Respondents must prepare a Business Response volume in the order outlined below.

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

Respondents must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Business. The Executive Summary must begin with company/division’s street address; and size of business, CBEs status, and a summary of the key points from the Respondent’s Response. If the Respondent is a current or former Contractor to the Department, the Respondent will notify the Department of the contract number and the Department’s contract manager in its Executive Summary.

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and Form B, Foreign State Preference Opinion Form.

3.4.2 Volume II, Price Sheet

The Respondent must complete and submit the Form D, Price Sheet, using the instructions provided.

The Price Sheet is to be organized as directed on the Form and must contain complete responses to all items. If a portion of any section is omitted, the Price Sheet may be deemed non-Responsive at the sole discretion of the Department. An itemized price quote shall be included with Form D, Price Sheet. The itemized price quote shall be on the Respondents letterhead and provide separate prices for: Hull, trailer, warranty, engine(s), batteries, and other optional equipment listed above, etc.

3.5 Economy of Presentation

Responses must be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this Solicitation without the use of marketing materials, white papers, fancy or flashy graphics, case studies, or other promotional materials. The emphasis of each Response should be on completeness and clarity of content.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt under Chapter 119, F.S., or other authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted copy of the materials the Respondent claims as Confidential Information or exempt and in an index, as described in Section 3.6.1.

The Respondent shall mark the unredacted version of the document as “Unredacted version – contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent should submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

4 Technical Specifications

4.1 Technical Specifications

The Contractor shall provide, as specified in the below Minimum Specifications, one (1), 2018 or newer (new or refurbished), twin hull (preferred) or monohull, center console dual outboard vessel (for example, a Twin Vee 280 STX or similar) and trailer with warranty, to conduct offshore SCUBA diving operations used by the Florida Department of Environmental Protection’s, Office of Resilience and Coastal Protection. Size and weight capacity shall be capable to transport a minimum of 6 persons, with their gear, and with storage compartments as specified below in the Minimum Specifications. All components of the vessel must conform to all US Coast Guard and American Boat and Yacht Council requirements for the intended service as a workboat in continual service.

4.2 Definitions

In this Contract, the following terms shall be defined as set forth below:

“Contract Manager” means The Department employee designated to be responsible for overall receiving, inspection, acceptance or rejection of deliverables.

“FDOT” – refers to the State of Florida Department of Transportation

4.3 Contractor Responsibilities

a. Deliverables. The Contractor shall provide the following deliverables:

Minimum Specifications

Hull, Deck, and Storage:

• Hull length: at least 26’ (up to 33’)

• Hull beam: at least 8.5’

• Maximum draft: 36” (with engines down)

• Maximum Weight (w/ trailer and engines): 16,000 lbs.

• Dual outboard engine rig (engines shall be priced separately – see below)

• Fuel capacity – at least 150 gallons

• Heavy duty vinyl rub rails (full perimeter)

• Heavy duty (stainless steel) cleats and bow eye (pop-up cleats preferred for dive safety and ability to roll off sides)

• Stainless steel drain covers, chafe plates, cup holders, and other hardware

• Non-skid (grip tek) deck and gunwale

• Bow rails (for safety)

• Storage compartments: Total minimum storage area of 30 cubic feet plus inside of console. (One

(1) compartment needs to be a minimum of 2’ x 1.5’ x 1.5’ for O2 kit storage).

o Center console with storage box/area for necessary safety equipment, water sensitive supplies and other personal items.

o Anchor locker with deck access o Bow storage with hatches o Small water-tight compartment for electronics in helm o Preferred/optional: Aft deck storage (with seating) (x2)

Console, Helm, and Half Tower Features:

• Half tower: anodized aluminum with fiberglass hardtop or waterproof canvas top o Holder on top (used for PVC pole to display dive flag) o Forward and rear spreader light

• Center console windshield

• Stainless steel or polished steering wheel (3-spoke)

• Breaker panel and switches for bilge, pumps, filters, etc.

• Footrest cut-out in console or a flip down on helm seat/leaning post

• Preferred: 12-volt outlet and/or dual USB combo outlet

Pumps, Motors, Electronics, and Other Associated Equipment:

• Electronic trim tabs (Lenco or equivalent quality) (monohull vessels only)

• Water separator fuel filter

• Engine display gauge in control panel

• Bilge pump(s) (preferred: Primary & secondary auto bilge pumps with one hard wired to the battery)

• Hydraulic steering

• LED Navigation lights (port, starboard, stern)

• Electric marine horn with external mount and switch

• Navigation compass

• VHF Radio with antennae

• Tinned wiring

• Preferred: Pressurized freshwater tank and pump

Seating:

• Seating for 4 people in front of console

• Helm seat for 2 people w/high-grade waterproof cushions and back

• Optional: Aft seating

Trailer:

Must be designed and configured to safely launch, retrieve, and transport vessel. It must meet or exceed all FDOT requirements from the State of Florida. Minimum trailer requirements:

• Sufficient load capacity to hold total vessel weight and engines with full fuel tank and ~500lbs of equipment

• Trailer braking system (surge) with functionality to minimize damage and degradation from immersions. Quote may also include options for electric braking systems

• Aluminum frame and minimal utilization of materials susceptible to corrosion by salt water

• Appropriately sized and rated bow stop, winch with strap and hook for pulling and securing vessel

• All necessary towing safety chains

• Aluminum/PVC guideposts to assist in positioning the boat during loading

• Trailer lighting system

Optional Equipment:

The Department, at its discretion, may purchase the following items. The following equipment shall be included in the itemized price list included with Form D (see below).

• Twin (2) four-stroke outboard engine(s) of at least 150 HP each – new and current models (ex.

Yamaha or Mercury digital fly-by-wire) w/stainless steel propellers. Engines shall include an extended warranty for a minimum of three (3) years.

• Dual Absorbed Glass Mat (AGM) batteries with battery selector and on/off switches (optional:

solar powered battery charger).

• Heavy duty, dive friendly, dive/swim ladder with at least 4-steps and handrails.

• Dive platform (variable size depending on style but must conform to the size of the vessel). Not necessary if combined with dive/swim ladder listed above. (Preferred to include a grab rail)

• Galvanized steel fluke anchor (minimum 10 lb.) and chain (minimum 15’)

• GPS with sonar (including mount) – Garmin models preferred (e.g. GPSMAP 943xsv

Multifunction Display or equivalent)

• Dive tank racks (track mounted fold down) for at least 8 cylinders

• Center console storage box or cooler w/optional seating cushion

Warranty:

The Contractor shall furnish, at the minimum, a five (5) year extended warranty on the vessel (hull), a one (1) year warranty on hardware, and a minimum of five (5) year extended warranty on hydraulics.

Warranty servicing locations for the hull and engine must be located within 100 miles of delivery location to allow for timely servicing, repairs, and prevent costly transportation fees.

Delivery location & time:

The Contractor shall coordinate a delivery date and time with the Contract Manager as indicated on the Purchase Order. The Contractor shall provide a minimum of 72 hours notification prior to delivery.

Delivery times shall be Monday - Friday (9:00 AM to 5:00 PM) excluding holidays and weekends. Delivery location: Halmos College of Arts & Sciences, 8000 North Ocean Drive, Dania Beach, Florida 33004.

Testing:

Prior to final acceptance, the Contractor will perform on-site operational testing and training for Department staff at the time of delivery of the vessel. Training shall include vessel operations, safety, and maintenance. The vessel shall be delivered in full operational order to include full capacity of fuel, oils, and required items for site testing.

Upon final acceptance, the Contractor shall provide to the Contract Manager, the certificate of origin or ownership paperwork required for title/registration.

Note: Respondent shall provide, on Form D, Price Sheet, a fixed price for all deliverables included in the above Technical Specifications. Respondents shall include in the space provided, the make and model (to include year model) of the vessel and trailer submitted in their bid. Respondent shall specify if the make and model submitted is new or refurbished. An itemized price quote shall be included with Form D, Price Sheet. The itemized price quote shall be on the Respondents letterhead and provide separate prices for: Hull, trailer, warranty, engine(s), batteries, and other optional equipment listed above, etc.

b. Completion Criteria and Date. Vessel and trailer shall be delivered no later than June 15, 2024.

4.4 Department’s Responsibilities

The Department will be responsible for inspection of the vessel and all included items per the Technical Specifications and deliverables and acceptance or rejection of said deliverables and the payment of the invoices upon acceptance of the deliverables. The Contract Manager has fifteen (15) calendar days to inspect and accept the deliverables.

4.5 Enforcement

The Department will not pay for any unsatisfactory deliverables. In the event the Department deems a deliverable unsatisfactory, the Contractor shall re-perform the services needed for submittal of a satisfactory deliverable at no additional cost to the Department within fifteen (15) consecutive days upon notification from the Department. If the Contractor fails to resubmit a satisfactory deliverable within the specified timeframe, the Department in its sole discretion, may terminate the Agreement for failure to perform.

In addition, the Department will reduce an invoice by 1% for each day that the Contractor fails to meet an agreed upon timeline, unless the timeline is extended in writing by the Department.

5 Award

5.1 Basis of Award

A Contract may be awarded to the responsible and responsive Respondent(s) who submits the lowest responsive bid, considering the Adjusted LTP (see section 5.2 below), if applicable.

The Department reserves the right to accept or reject any or all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

Responses that do not meet all requirements, specifications, terms, and conditions of the Solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request additional information pertaining to the Respondent’s ability and qualifications to accomplish all services described or provide commodities as in this ITB as deemed necessary during the ITB or after contract award.

5.2 Florida-Based Business Preference

As required by section 287.084, F.S., if this is a Contract for personal property (i.e., commodities) and the lowest bid price, as determined in accordance section 2.3.3 above, is from “a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference” (hereafter, “Foreign State Preference”) “for the purchase of such personal property to a person whose principal place of business is in such state,” then the Department shall award the Foreign State Preference to the lowest responsible and responsive vendor having a principal place of business within Florida.

If there is no Foreign State Preference, then the Department shall award a preference of 5%. This shall be calculated by the following formula to each Foreign State Vendor whose LTP is lower than the lowest Florida-based vendor:

LTPForeign State Vendor x 1.05 = Adjusted LTP

5.3 Award Preferences for Equal Scores (Ties)

In the event that the Department’s evaluation results in a Tie, the Department will request Form E, Award Preference Form, from the Respondents with Responses that resulted in the Tie. Based on Form E, the Department will give the award to a Respondent if it is a minority-owned or veteran-owned business. If more than one Respondent is entitled to this preference, the preference will be given to the Respondent with the qualifying business with the smallest net worth, consistent with section 295.187(4)(b), F.S. In the event all preferences are equal or that none of the Respondents are entitled to a preference, the Tie will be broken using a coin toss.

5.4 Recommendation of Award

The Department will forward the Recommendation of Award to the Secretary or their designee. The Secretary or their designee will make the final decision as to which Respondent(s) should be awarded the Contract(s) based on the Recommendation of Award.

5.5 Posting of Decision

The Department will post a Notice of Intent to Award, stating its intent to enter into one (1) or more Contracts with the Respondent(s) identified therein, on the VIP. If the Department decides to reject all Responses, it will post its notice on the VIP website.

5.6 Failure to Perform the Contract

If the Contractor is unable or unwilling to meet the requirements of the Contract within 60 days of execution, the Department may terminate its Contract with Contractor and award to the next higher-ranked Respondent(s).

Attachment 1

Rev. 10/11/21

DEPARTMENT OF ENVIRONMENTAL PROTECTION

STANDARD TERMS AND CONDITIONS

APPLICABLE TO COMPETITIVELY PROCURED PURCHASE ORDERS

ATTACHMENT 1

1. Entire PO.

This Purchase Order (“PO” or “Contract”), including any Attachments and Exhibits referred to herein and attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any pre-printed PO terms and conditions included on Contractor’s forms or invoices shall be null and void. This PO is intended to supplement and clarify the MFMP Terms and Conditions available at https://dms-media.ccplatform.net/content/download/162794/file/Revised%20Purchase%20Order%20Terms%20% 26%20Conditions_1.3.2024_Final.pdf

Where inconsistent with the MFMP Terms and Conditions, this document shall control.

2. PO Administration.

a. Order of Precedence. If there are conflicting provisions between the documents that make up the PO, the order of precedence for the documents is as follows:

i. Attachment 2, Special Terms and Conditions

ii. Attachment 3, Scope of Work/Quote from Vendor, if any

iii. Standard Terms and Conditions Applicable to All Purchase Orders (this Document)

iv. State Term Contract or Alternate Contract Source Agreement, if any

v. PUR 1000, if PO procured through a Chapter 287 Competitive Solicitation

b. This PO may be amended only by a change order.

3. Deliverables.

The Contractor agrees to render the services or other units of deliverables as set forth in the Attachment 2, Scope of Work. The services or other units of deliverables specified in the above paragraph shall be delivered in accordance with the schedule and at the pricing outlined in the accepted Response to the Request for Quote, and, where applicable, the State Term Contract.

4. Acceptance of Deliverables.

a. Satisfactory Performance. This Contract is to be paid upon satisfactory completion of services, delivery of good(s) and receipt of itemized invoice. In the event that services rendered or goods delivered are not deemed satisfactory, the Contractor shall re-perform the work needed to ensure satisfactory service at no additional cost to the Department. Failure to provide all services and/or goods, or failure to provide to provide services and/or goods which are satisfactory, shall result in non-payment or termination of the PO.

b. Completion Criteria and Date. The PO will be considered complete once all of the deliverables under the PO have been provided. The final date for completion of the PO shall not exceed the PO duration, including any change orders for renewals or extensions.

5. Financial Consequences for Nonperformance.

Withholding Payment. In addition to the specific consequences explained in the Scope of Work, the state of Florida (State) reserves the right to withhold payment when the Contractor has failed to perform/comply with provisions of this PO. These consequences for nonperformance shall not be considered penalties.

6. Disputes.

Any dispute concerning performance (Claims) must be presented to the Department in writing within thirty (30) days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all aspects of the disputed matters to be resolved, including the specific relief sought by the Contractor. Claims not presented by Notice of Dispute to Contract Manager shall be deemed waived by the Contractor.

7. Payment.

a. Taxes. The Contractor recognizes that the Department is an agency of the State of Florida, which by virtue of its sovereignty is not required to pay any taxes on the services or goods purchased under the terms of this PO.

Department does not pay Federal excise or sales taxes on direct purchases of tangible personal property.

Department will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees’ wages.

b. Interim Payments. Partial payments are permitted under this PO. Interim payments may be made by the http://www.dms.myflorida.com/content/download/117735/646919/Purchase_Order_Terms_Sept_1,_2015_.pdf

Rev. 10/11/21

a. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor.

b. THIS PROVISION SUPERSEDES THE LIABILITY INSURANCE PROVISION IN THE MFMP TERMS

AND CONDITIONS:

The Contractor shall maintain insurance sufficient to adequately protect the Agency from any and all liability and property damage/hazards which may result from the performance of the Purchase Order.

9. Public Records.

c. Public Records Access Requirements.

i. If the PO exceeds $35,000.00, and if the Contractor is acting on behalf of the Department in its performance of services under the PO, the Contractor must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in conjunction with the PO (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.

ii. The Department may unilaterally terminate the PO if the Contractor refuses to allow public access to Public Records as required by law.

d. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.

If the Contractor is a “contractor” as defined in section 119.0701(1)(a), F.S., the Contractor shall:

i. Keep and maintain Public Records required by the Department to perform the service.

ii. Upon request, provide the Department with a…