RFP 2025014.pdf

Request for Proposals (RFP)

For

Mobile Vessel Pumpout Services for Monroe County

RFP 2025014

Procurement Officer:

David Muller Purchasing Analyst, Department of Environmental Protection Bureau of Procurement & Contracting Services - Procurement Section

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

Email: David.Muller@FloridaDEP.gov

Mobile Vessel Pumpout Services for Monroe County

Rev. 07/30/24

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

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 RFP Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the RFP

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the RFP

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 Scope of Work

4.1 Scope of Work

4.2 Definitions

4.3 Contractor Responsibilities

4.4 Department’s Responsibilities

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

5.2 Evaluation of Volume II, Technical Response

5.3 Evaluation of Volume III, Price Sheet

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Florida-Based Business Preference

6.3 Award Preferences for Equal Scores (Ties)

6.4 Recommendation of Award

6.5 Posting of Decision

6.6 Execution of Contract

6.7 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Request for Proposals (RFP) to contract for Mobile Vessel Pumpout Services for Monroe County. 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 RFP.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Mobile Vessel Pumpout Services for Monroe County, 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 Department’s Office of Resilience and Coastal Protection is seeking to establish a contract for mobile pumpout services to anchored vessels in six (6) service areas located throughout waters of the Florida Keys within Monroe County, Florida as shown in Exhibit J (of the draft contract), Pumpout Service Area Map. The mobile pumpout services being sought do not include pumpout services to marinas or vessels moored at shoreside locations. Historical mobile pumpout service contracts were administered and managed by the Monroe County Board of County Commissioners (BOCC).

Monroe County, Florida encompasses a 120-mile-long county featuring the Florida Keys and the waters of the Gulf of Mexico and Atlantic Ocean. The Florida Keys were designated an Area of Critical State Concern in 1979 per Ch. 79- 93, Laws of Fla. and Fla. Stat. § 380.0552. The United States Environmental Protection Agency (EPA) in 2002 established a “No Discharge Zone” (“NDZ”) for state waters surrounding the Florida Keys. In 2010 the NDZ was expanded to encompass all waters within the Florida Keys National Marine Sanctuary.

Records from January 2022 to December 2024 show that, on average, 950 vessel pumpout services were provided each month across all six (6) service areas, serving approximately 274 unique anchored vessels per month (see Attachment 3 Annual Pumpout Totals 2022-2024). Based on these records, set quotas are outlined on Form D, Price Sheet.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will begin upon execution and continue until one year thereafter, with up to three (3) renewal year(s). At the discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

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 RFP:

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

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 RFP.

State - The State of Florida.

1.5 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this RFP in accordance with the terms, conditions, and Scope of Work detailed in the Draft Contract. All Respondents should carefully review the Draft Contract prior to submission of a Response. Any questions related to the Draft Contract should be submitted as a formal question in accordance with the instructions contained in this RFP.

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this RFP 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

RFP Advertised 6/11/25 N/A Vendor Information Portal

Questions Due 6/20/25 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

7/1/25 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Responses Due 7/15/25 3:00 PM

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

Public Opening 7/16/2025 10:00 AM

Teleconference by calling +1 850-629-7330

Phone Conference ID: #216 986 9 The number will be active 5 minutes before the meeting.

References Contacted Between: Telephone and/or Email 7/28/25 8/1/25

Award Date (Anticipated) On or about:

8/25/25 Vendor Information Portal

*All times are Eastern Time Zone.

1.9 List of Attachments and Forms

The Attachments, Exhibits, and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the RFP 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. Forced Labor Attestation Form

Attachment Title 1 Draft Contract 2 Past Performance Evaluation Form 3 Annual Pumpout Totals 2022-2024

Form Title A Business Response Form

B -RESERVED-

C Client Reference Form D Price Sheet E Award Preference Form

F -RESERVED-

G Forced Labor Attestation Form

2 RFP Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire RFP, 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 RFP to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this RFP, 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 RFP 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 RFP

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The RFP 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 RFP. 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 RFP to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the RFP. No question will be answered/considered after the deadline.

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:

RFP Section RFP 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 will be sent to the Evaluation Team for their qualitative review.

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.

2.3.3 Evaluation Phase

2.3.3.1 Technical Response Evaluation

The Department will evaluate Responses from responsive and responsible Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation. All Respondents and Responses that meet the minimum mandatory requirements reviewed by the Procurement Officer will be evaluated according to the Evaluation Criteria in Section 5. Each evaluation team member will work independently using the Evaluation Criteria contained Section 5, to review and score Respondent’s Technical Response. Upon completion of the Technical Response evaluation, the evaluators will submit their scores to the Procurement Officer for tabulation.

A Respondent’s Response is the only material which will be considered by the evaluators. No oral or written representations, prior conversations, meetings, projects, or outside information, other than what is specifically requested to be in a Response, will be considered by the evaluators.

2.3.3.2 Past Performance

The Respondent’s references will be contacted by the Department by telephone during normal working hours (8:00 AM - 5:00 PM) as indicated in the Timeline. The Department will make up to two (2) attempts to call before making one attempt to contact the references by email. If the contact person cannot be reached following the three (3) attempts, or if the Respondent fails to provide a reference, the Respondent will receive a score of zero (0) for that reference.

2.3.3.3 Price Sheet Evaluation

The Procurement Officer will review the Price Sheet and apply the scoring criteria as contained in the Evaluation Criteria in Section 5.

2.3.3.4 Compilation of Scores

After the evaluation phase, the Procurement Officer will compile the final evaluation scores and use them to develop the recommendation of award.

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 set forth in this RFP, including the requirement set forth in Form D, Price Sheet. Responses failing to conform in all material aspects to the requirements included in this RFP, including the requirement set forth in Form D, Price Sheet are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

This is a request for proposals. The proposal must not include any proposal to negotiate, or any proposed terms and conditions that supersede, conflict with, take exception to, supplement, or materially change, the terms and conditions set forth in this RFP or the documents that will comprise the Contract. Any questions regarding the terms, conditions, or requirements of this RFP or the Contract can be raised during the Question and Answer Period described in Section 2.3.1.2 of this RFP.

Respondents that fail to comply with the requirements of this paragraph may, at the sole discretion of the Department, be deemed to be Non-Responsive.

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 RFP

The Department reserves the right to modify this RFP by issuing addenda and/or amendments. All changes to the RFP 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 both parties sign the Contract. 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 consist of the Draft Contract as 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 RFP 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 RFP 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 RFP 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 RFP. 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 Development (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:

Rev. 07/30/24

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 RFP, 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, 2.14 and 6.1 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 76121701 Sewage treatment services 95121642 Sewage pumping station 93131702 Sanitation Programs 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/

Rev. 07/30/24

94131501 Environmental non-governmental services 94131604 Resource mobilization services

3.2 Pre-Response Conferences and/or Site Visits

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

Responses must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic mail (e-mail) submission or facsimile transmission of responses are NOT authorized and will NOT be accepted.

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 Technical Response One (1) Original Volume III 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 and Technical volumes. 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.

Rev. 07/30/24

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form.

Respondents must complete Form C, Client Reference Form, for three (3) Clients to whom Respondent has provided commodities and/or contractual services of similar scope and size as those identified in the RFP. The three (3) completed Client Reference Forms shall be attached in this Tab. Respondents shall not list the Department as a reference. Current or former Contracts with the Department indicated in the Executive Summary will not count as one of the three references.

Respondent gives Department permission to contact client references and obtain their opinion of the Respondent’s past performance using the questions listed on Attachment 2. The Respondent acknowledges that Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

Respondent must complete Form G, Forced Labor Attestation Form.

3.4.2 Volume II, Technical Response

The Respondent must prepare and submit a Technical Response volume detailing their qualifications, capabilities, and a description of the commodities and/or contractual services that they will provide to the Department. The Technical Response must contain complete responses to all items. If a portion of any section is omitted, the Response may be deemed Non-Responsive at the sole discretion of the Department.

Volume II Technical Response Tab A Introduction Tab B Background and Organizational Structure Tab C Qualifications and Experience Tab D Detailed Project Approach

3.4.2.1 Tab A: Introduction

Respondents must provide a general description of how the Respondent will accomplish the overall goal of this Solicitation.

3.4.2.2 Tab B: Background and Organizational Structure

Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this Solicitation.

3.4.2.3 Tab C: Qualifications and Experience

Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined. The resume or curriculum vitae for the proposed project manager and principal point of contact must be provided;

b) Respondent’s past experience developing and operating a general business; and

c) Respondent’s knowledge of and experience with boater pumpout equipment and services.

3.4.2.4 Tab D: Detailed Project Approach

Provide a detailed start-up plan and detailed project approach as described below:

a) All services are to be provided by a single Respondent for all anchorage areas within all service areas. Describe the proposed availability of pumpout service (i.e. number of hours/days per week), frequency of pumpouts, etc.

b) Ability to start work within 72 hours after execution of the contract. Provide a detailed list and description of proposed equipment/facilities that will be used in the performance of the services, including but not limited to vessels, vessel trailers, vehicles (including pumpout trucks, if proposed), associated equipment (such as GPS monitoring devices and flow meters), facility locations (both administrative offices and operational facilities such as docking, storage, and maintenance locations).

c) Describe the Respondents, staff and/or sub-contractor’s familiarity of service areas with similar projects within the Florida Keys.

d) Describe the Respondents technical expertise, educational, and training experience of its staff and/or any anticipated sub-contracted staff.

3.4.3 Volume III, Price Sheet

The Respondent must complete and submit the Form D, Price Sheet, without alteration, 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. The Respondent must not submit their own forms, including quote forms or other documents, in lieu of Form D.

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. In addition, the Department will follow the procedures described in Attachment 4, Public Records Requirements, of the Draft Contract.

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 Scope of Work

4.1 Scope of Work

The Contractor shall provide mobile vessel sewage pumpout services to anchored-out vessels in six (6) service areas throughout waters of the Florida Keys within Monroe County, Florida as outlined in Exhibit J, Pumpout Service Area Maps. This pumpout service is being provided by the Florida Department of Environmental Protection to vessel owners to reduce or eliminate the adverse environmental impacts associated with the illegal discharge of sewage into the waters of the Florida Keys, which under federal law prohibits discharging sewage into waters within the Florida Keys National Marine Sanctuary (the “Florida Keys No-Discharge Zone”), and in conformity with Monroe County Board of County Commissioners (BOCC) Proof of Pumpout Ordinance as authorized by Section 327.60(4), Florida Statutes, (“mobile pumpout service”, “mobile pumpout service operations”, or “Service”/“service”).

The Service should include a sufficient number of suitably equipped pumpout vessels, vessel operators, and management and management support staff to pumpout anchored vessels located throughout the waters of the Florida Keys within Monroe County and provide required documentation of pumpouts via daily logs and required reports.

A detailed waste offloading/disposal plan shall be used that includes detailed information on anticipated offloading locations, operational details, and disposal methods.

4.2 Definitions

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

• No Discharge Zone (NDZ) – The United States Environmental Protection Agency in 2002 established a No Discharge Zone (“NDZ”) for state waters surrounding the Florida Keys. In 2010 the NDZ was expanded to encompass all waters within the Florida Keys National Marine Sanctuary.

• Clean Vessel Act (CVA) - In 1992, the Clean Vessel Act was signed into law to reduce water pollution by prohibiting vessels from discharging raw sewage into fresh water or coastal saltwater. The act established a federal grant program, administered by the U.S. Fish and Wildlife Service, to fund sewage disposal facilities.

• GPS Monitoring Device - an electronic monitoring device on a vessel that shows the location of the pumpout vessel and/or trucks working. Using software, it tracks the location, gallons pumped, run-time, and logs the activity.

4.3 Contractor Responsibilities

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

1. Mobile Vessel Pumpout Service The Contractor shall provide the Service which shall provide a suitable number of marine pumpout vessels and service hours/days to provide approximately 950 pumpouts per month for the pumpout service area outlined in Exhibit J, Pumpout Service Area Map.

The Service shall be provided at no charge to all anchored vessels located within the boundaries of the Pumpout Service Area Map (Exhibit J), in the waters of Monroe County within the Florida Keys, up to a maximum of one (1) pumpout per week to each individual vessel served.

Vessel waste shall be offloaded and disposed of properly. Refer to Exhibit M, Service Records and Maps, for disposal locations.

The Contractor shall perform the service in a reasonable manner, ensuring that: 1) sufficient pumpouts are being provided to vessel owners, and 2) pumpouts are being performed only as necessary to ensure cost reasonableness (e.g. weekly pumpouts shall not be performed for a vessel that only needs bi-weekly or monthly service).

2. Service Areas (Zones) The Contractor shall provide services in the geographic regions as outlined in Exhibit J, Pumpout Service Area Map. The six (6) service areas are: Key West, Stock Island, Lower Keys, Marathon, Islamorada, and Key Largo. Each Service Area contains multiple anchorage areas.

3. Staffing The Contractor shall, at its own expense, provide all office and field personnel and staff required or reasonably necessary to perform and complete all duties and obligations required under this contract. All personnel and staff engaged in performing activities, duties, or services pursuant to this contract or in the performance of activities associated with this contract shall be professionally competent and fully qualified, authorized, and permitted under all federal, State, and local laws, ordinances, rules, and regulations, to perform such activities, duties, or services. The Contractor’s personnel shall not be considered “employees” of or be understood or deemed to have any individual legal relationship or privity with, contractual or otherwise, with the Department.

The primary duties of office personnel shall include, but shall not be limited to:

• Coordinating pumpout schedules;

• Registering customers for service;

• Obtaining registrants’ contact information and location for pumpout service; and

• Acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission (FWC) concerning “Proof of Pumpout” of vessels located in Monroe County waters.

The primary duties of field personnel shall include, but shall not be limited to:

• Operating a pumpout vessel(s) on a weekly schedule within their designated service areas;

• Maintenance of an adequate supply of identification decals, monthly endorsement stickers, and orange pumpout flags; and

• Continuous regular maintenance of written daily pumpout log to ensure they are filled out entirely in a concise, readable format for review.

4. Registration of Customers Vessel owners are required to register for pumpout service with the Contractor, which shall assist in streamlining the service through: a) utilization of ‘identification decals’ indicating participation in the Service, and b) orange flags to be flown when in need of a pumpout. All such decals and flags shall be provided by the Contractor at no cost to the Department.

Rev. 07/30/24

Registration forms for participation in the service shall be made available online through a website hosted by the Contractor, which the Contractor shall continuously maintain and ensure is available and accessible to the public at all times. A sample registration form is provided by the Department for the Contractor’s use (Exhibit L). The Contractor shall submit to the Department all registration information as provided on the sample registration form (Exhibit L) for each customer registered for service. Upon online registration, the Department shall be provided an auto-generated copy of the completed form via email by the Contractor. Registration forms shall also be made available directly from the Contractor’s field personnel in each area of service. Additionally, the Contractor may also provide registration forms at various marine facilities throughout Monroe County. The Contractor shall be responsible for creating and entering the registration information into a registration log for submittal to the Department. Registration to participate in the service shall be free for participants.

Each participant must submit his or her registration information to the Contractor, which shall be entered into the service schedule by the Contractor. Upon the first service by the Contractor’s pumpout vessel to the serviced vessel, field personnel shall: a) provide an orange pumpout flag to the vessel owner/operator explaining the requirements for displaying the flag to receive service; and

b) affix the identification decal to the bow of the serviced vessel, adjacent to the location of its state vessel registration decal or waste pumpout location.

An identification decal may not be provided to a vessel owner or affixed to a vessel unless it has been serviced by the Contractor’s pumpout vessel, and service shall not be provided to any vessel (which does not have sewage to be pumped) simply for the purpose of acquiring an identification decal. Service may also be denied if the vessel to be pumped is not properly equipped, as determined by the Contractor, to provide for a safe, secure pumpout (for example, improper deck fittings, sewage lines, etc.) which may reasonably result in a sewage leak or other breakdown, danger, or malfunction.

After the first service by the Contractor, a vessel owner/operator wishing to receive subsequent pumpout services shall display (i.e. hoist) the orange pumpout flag when service is requested in order to receive pumpout service. After the first service of a vessel by the Contractor, the Contractor shall not pumpout a returning vessel that does not display the orange pumpout flag even if the vessel is registered for routine service. The Contractor shall be responsible for lowering the pumpout flag at the completion of the service so the vessel owner can confirm that service was received. The vessel owner/operator shall be required to hoist the flag again to receive subsequent pumpout service.

The Contractor shall ensure that a service schedule for each service area is continuously available for access by the public on the Contractor’s website. The registration forms provided on said website shall contain:

• The anchored location of the vessel (latitude/longitude and anchorage name);

• The registration (or documentation) number and state of registration;

• Whether the vessel owner/operator is a Monroe County resident;

• The size and type of the vessel;

• The capacity of the holding tank(s) and waste outlet location(s);

• The name of the vessel;

• Contact information for the vessel owner and/or operator including phone, email and mailing address;

• A point of contact listed for the vessel;

• Anticipated service need (e.g., only once, weekly, biweekly or monthly); and

• Vessel use category (e.g., year-round local liveaboard vs. transient cruiser).

The registration form must be signed by the vessel owner and/or its operator and must expressly authorize the Contractor to pumpout the participating vessel and to board the participating vessel to facilitate performance of a pumpout, if necessary.

For each new month of Service, the vessel owner/operator shall be provided a monthly endorsement sticker to be adhered to the identification decal as an acceptable proof of pumpout for compliance with Monroe County’s Proof of Pumpout Ordinance.

5. Public Education The Contractor shall continuously maintain a website in support of the pumpout service. In addition, the Contractor shall develop and provide registration packets in support of the pumpout service. In partnership with Monroe County, the Contractor shall also provide public education materials and other instructional materials to the boating community. All educational materials shall primarily focus upon the importance of clean water to the environment and public health of the Florida Keys and its residents and visitors, and the pollution impacts of sewage discharge into the environment.

The Contractor shall also ensure that these materials are available on its website and provide the following link to the Monroe County website: http://www.monroecounty-fl.gov/pumpout. The Contractor may further distribute these materials to facilities such as marinas, boating-related businesses, public facilities, and other locations where they may be reasonably accessed by the boating public. In addition, FWC officers and staff may also distribute these materials.

6. Coordination with the Department, Monroe County staff and FWC The Contractor shall, at any and all times requested by the Department, Monroe County or FWC, identify to the requestor any occupied vessels that are not participating in the service or that are not…