23 24 52_Bid Draft_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 52

Title: 2023-2024 Seedling Harvesting, Packaging, Planting and Associated Work at Andrews Nursey

Brittany Harvey, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, 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, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 23 24 52

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for tree seedling harvesting, packaging, planting services and associated work at Andrews Nursery located in Chiefland, Florida. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Contractual Services Agreement are conducted pursuant and subject to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors (Bidders or Contractor) interested in submitting a bid must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award; however, the Department reserves the right to award to multiple bidders, or to make no award, as determined to be in the best interest of the state.

1.2 Timeline of Events

The following timeline will be strictly adhered to in all actions relative to this Invitation to Bid (ITB) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITB September 20, 2023 Vendor Information Portal

Last day for written Inquiries to be received by the Department

September 27, 2023

5:00PM

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

October 04, 2023 Vendor Information Portal

Sealed Bids Due

October 11,2023

5:00PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

October 12, 2023

9:30AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award October 16, 2023 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with Rule 60A-1.021, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response does not substantially comply with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.6 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

The Contractor shall provide twenty (20) laborers tree seedling harvesting, packaging, planting services which includes the labor and personal protective equipment to perform the tasks as specified herein. The initial anticipated contract period is from November 13, 2023 through March 29, 2024 for a total of 93 days. The contract period is anticipated; therefore, any services outside the timeframe listed above must be approved by the Department and will be performed at the same rate. Laborers will be required to take a lunch break between 12:00 pm and 12:30 pm each day. Total work time per employee per day will be eight (8) hours. Work will not occur on official https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf state holidays, nor will it occur on December 22, 2023, or December 29, 2023. The “daily rate” referenced herein is equivalent to the per-day bid price. All packaging supplies will be provided by the Florida Forest Service.

When on State property, the Contractor’s laborers must follow all applicable laws and Department of Agriculture and Consumer Services, Florida Forest Service, and Andrews Nursery policies and procedures. Laborers who do not follow all applicable laws, policies, and procedures will be prohibited from working at Andrews Nursery. Financial consequences will be imposed if the required number of laborers are not present for the duration of the contract period as specified in the Performance Standards section.

A Florida Forest Service representative must be on-site during all operations. No harvesting or packaging of seedlings shall take place without such representation. The Project Manager may prohibit seedling harvesting and packaging during extremely hot, cold, or dry weather conditions.

Failure to meet the requirements of the contract specified herein may prevent the Contractor from bidding on future contracts for a period of up to three (3) years. Should the Contractor fail to meet performance or production requirements, excluding insufficiencies caused by circumstances beyond the Contractor’s control as determined by the FFS, contract cancellation may occur in accordance with the contractual services agreement.

2.1.1. Personnel

The Contractor shall provide twenty (20) laborers for the duration of the contract period. One employee must be a designated crew leader. If the Contractor is using laborers who do not speak English fluently, the designated crew leader must be fluent in both English and the language of the laborers.

All work will be scheduled and directed by the Project Manager and/or his/her designee and communicated to the designated crew leader.

The Contractor shall provide laborers capable of performing efficient seedling harvesting, packaging, planting services and associated work, which includes, but is not limited to, the following tasks:

• Lifting (minimum 50 lbs.)

• Packing

• Placing containers on a trailer

• Taking containers off a trailer

• Placing containers on conveyors

• Dipping seedling root systems

• Closing containers

• Placing containers on pallets

• Picking up trash in fields, nursery, and packaging facility

• Field maintenance

• Planting seedling trays

The Contractor shall provide personal protective equipment for each of their laborers to use for the duration of the contract period, which includes, but is not limited to:

• Boots

• Gloves

• OSHA-approved eye protection

• Aprons

In addition to the personal protective equipment listed above, all laborers will be required to wear long pants (no shorts) while working in the nursery.

Cellular telephone/smartphone use by laborers, other than the crew leader, is prohibited during working hours. Cellular telephones/smart phones may be used during lunch breaks.

The Contractor and/or laborers supplied by the Contractor must provide their transportation to and from the work location.

2.1.2 Production Specifications and Requirements for Seedling Lifting, Packaging and Planting

The average minimum number of seedlings to be harvested and packaged per person per workday/aggregate daily total is as follows:

• 5,000 Containerized Seedlings/100,000 per day total

• 5,000 Bareroot Sand Pine Seedlings/100,000 per day total

• 10,000 Bareroot Slash Pine Seedlings/200,000 per day total.

Harvesting and packaging production minimums will be prorated by hour, as necessary.

When packaging bareroot seedlings, laborers shall remove excess dirt on seedling roots and dip roots in gel such that all roots are covered.

Contractor shall pack pine seedlings within two (2) hours from the time the seedlings are lifted.

Contractor shall pack 125 containerized seedlings per box with 0% variation.

Contractor shall pack bareroot seedlings between 0% below and 5% above labeled count per bundle.

The Contractor must protect the seedlings and take precautions to prevent damage to them from the time lifted until they are packaged. This shall include, but is not limited to:

• Protection from Sun, Wind, and Adverse Temperatures – Pine seedlings must be handled, stored, and transported in a manner to best protect them from sun and wind damage at all times. Protection from freezing temperatures and excessive heat must also be maintained. Damaged boxes or bundles of seedlings must be repaired or patched immediately to prevent exposure.

• Keeping Pine Seedling Roots Moist – PINE SEEDLING ROOTS MUST BE KEPT MOIST

AT ALL TIMES PRIOR TO AND DURING PACKAGING OPERATIONS.

• Protection from Contamination – Pine seedlings shall be protected from contamination by materials such as gasoline, diesel fuel, and oils or chemicals which may damage the seedlings.

The average minimum number of seedling trays to be planted per person per workday/aggregate daily total is as follows:

• 125 Seedling Trays/2,500 per day total, regardless of species.

2.1.3 Performance Standards

Service Acceptable Performance

Financial Consequence for Insufficient Performance

Seedling Harvesting and Packaging Production

The average minimum number of seedlings per person/aggregate total per workday as specified is harvested and packaged.

10% of the specified daily rate will be deducted for each day during which production does not meet the minimum requirement.

Seedling Packaging Quality All packaged bareroot seedlings shall have excess dirt removed from roots and all roots covered in gel.

Bundles for which seedling packaging quality is deemed unacceptable by the FFS will be reduced from the daily production total, which may result in insufficient production performance for the day. Bundles for which seedling packaging quality is deemed unacceptable must be repackaged.

Seedling Packaging Quantity

All seedling boxes/bundles shall have the correct number of seedlings per the label count. Any boxes/bundles that contain less than the label count will not be acceptable. Boxes with any containerized seedlings over the label count will not be acceptable. Bundles with bareroot seedlings exceeding 5% of the label count will not be acceptable.

Boxes for which seedling packaging quantity is insufficient will be reduced from the daily production total, which may result in insufficient production performance for the day. Boxes for which seedling packaging quantity is deemed unacceptable must be repackaged.

Laborers Twenty (20) laborers are present for eight (8) hours each workday for the duration of the contract period.

5% of the specified daily rate will be deducted per laborer each workday for which twenty (20) laborers are not present for the full 8 hours.

Laborers cell phone use Cellphone use during working hours excluding lunch breaks is prohibited by all laborers other than the crew leader.

1st offense will result in a verbal warning to the crew leader.

2nd and future offense will result in an 8-hour deduction of pay per offense from that week’s invoiced amount for labor.

Planting of seedling trays The average minimum number of seedling trays per person/aggregate total per workday as specified is planted.

10% of the specified daily rate will be deducted for each day during which production does not meet the minimum requirement.

2.1.4 Site Clean Up

Seedling packaging areas will be cleaned at the end of the day and ready for use the following workday.

2.2 Licensing

Bidder shall maintain valid certifications, licenses, and permits required for the services prescribed above. The Department reserves the right to request evidence of licensures. Failure to provide licenses within 5 business days will result in rejection of bid or cancellation of contract.

2.3 Past Performance/ References

The submission must contain names, addresses, phone numbers and email contacts of three (3) contractors’ most recent completed projects similar in project size and scope as the work, completed within the last five (5) years (See Attachment A- Past References/ References).

References must be current or former clients of the responding firm. Confidential clients shall not be included. The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for respondent references.

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the Bidder. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends and holidays.

It is the responsibility of the contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory contractor work performance or workmanship will result in disqualification of the bid. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of bid.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

XXX, Procurement Officer Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), Florida Statutes.

3.4 Addenda

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the Vendor Information Portal as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 70141900-Crop harvesting

• 70141904-Seed harvesting services

• 70151700-Forestry harvesting

• 73151600-Packaging services

• 73151602-Packaging of agricultural by products services

• 73151606-Manual hand packaging services

• 80111613-Temporary manual labor

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

3.8 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://vendor.myfloridamarketplace.com/vms-web/spring/login?execution=e1s1 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

2) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

3) It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed.

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include Attachment B, FDACS Acknowledgement Form with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return Attachment C, Price Sheet.

Bid prices must be firm and be inclusive of all services, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the contract.

If Attachment C stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS shall not be responsible for Vendor inventory or order commitment.

If a submitted Attachment C, Price Sheet includes inconsistencies, inaccuracies or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified.

The Department may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

3.11 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.12 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

3.13 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

3.14 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

3.15 Bid Evaluation

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

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

3.16 Basis of Award

An award shall be made to the responsive and responsible bidder with the lowest Firm Fixed Unit Price Per Day, as specified in Attachment C, Price Sheet for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In event the bidder with the lowest Firm Fixed Unit Price Per Day is found non-responsive, the Department may proceed to the next responsive bidder with the lowest Firm Fixed Unit Price Per Day and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.17 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to

287.057 (6) F.S.

3.18 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.19 Verbal Instruction Procedure/Discussions

The bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a bidder are recognized as duly authorized expressions on behalf of the bidder. Any discussion by a bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said bidder’s response.

3.20 No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.21 Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive, Attachment D, Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package. The list may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.asp

x. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

3.22 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment E, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057 (12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(11), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE

GIVEN PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide Attachment F, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

3.24 Disqualification of Bidders

More than one bid from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder's offer will be deemed a material irregularity and will be grounds for rejection.

3.25 Rejection of bids

The Department reserves the right to reject any and all bids when such rejection is in the interest of the state of Florida and to reject the bid of a bidder who the Department determines is not in a position to perform the contract.

3.26 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, 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, Florida Statutes.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Contract Terms and Conditions

The interpretation and performance of this contract, and all transactions under it, shall be governed by the laws of the state of Florida. The contract documents (Attachment G, Contractual Services Agreement- DRAFT). shall include all terms and conditions of the bid specifications, any addenda, bid and Departmental contract issued as a result of this ITB.

4.2 Modification after Contract Execution

During the term of the contract, the Department may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation, such change must be mutually agreed upon and incorporated in written amendments/ change order.

The bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written contract amendment/ contract manager.

4.3 Renewal

At the sole discretion of the Department, the term agreement(s) awarded as a result of this ITB may be renewed for three (3), one-year renewals.

4.4 Liquidated Damages

If the work is not completed on the date fixed for completion in the awarded contract as a result of act(s) or omission(s) within the reasonable control of the respondent, the respondent shall pay to the Department, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion. Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

4.5 MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.

Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit.

The Department will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

4.6 Public Entity Crimes

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two, for a period of 36 months from the date of being placed on the convicted vendor list.

4.7 Discrimination Statement

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

4.8 Antitrust Statement

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

4.9 Independent Capacity of Contractor

The contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

4.10 No Subcontracting

Contractor agrees that all services to be performed under any awarded contract shall be performed solely by the Contractor and may not be subcontracted for or assigned without the prior written consent of FDACS, which may be withheld by FDACS for any reason or granted subject to Contractor’s compliance with one or more of the following: (i) Contractor purchasing, at its sole expense, a payment bond in a form and amount that FDACS determines to be adequate to protect suppliers of labor and material; (ii) FDACS withholding, as retainage, 25% or the highest percent permitted by law, whichever is less, of all payments made to the Contractor until Contractor submits evidence satisfactory to FDACS that all subcontracts and outstanding indebtedness in connection with the services under any awarded contract have been paid for by the Contractor; and (iii) Contractor disclosing information satisfactory to FDACS regarding each subcontractor to perform services under any awarded contract, including a description of the subcontractor’s organization, ability to provide applicable services, cost to perform applicable services, previous work experience, and relationship to the Contractor. Contractor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, Florida Statutes.

4.11 Stop Work Clause

The Department's on-site representative shall have authority to stop work. In the event work is halted, it may not resume until the reason the work was stopped is corrected.

4.12 Insurance Requirements

The contractor shall not commence any work in connection with the project until he has obtained all of the following types of insurance, and the owner has approved such insurance. Nor shall the contractor allow any independent/subcontractor to commence work on his subcontract until all similar insurance required of the independent/subcontractor has been so obtained and approved.

All insurance policies shall be with insurers qualified to do business in Florida through an authorized licensed Florida Agent.

4.13 Certificate of Insurance

The contractor shall furnish proof of insurance coverage within ten (10) calendar days after notification of award and prior to starting the contract.

The contractor shall furnish a Certificate of Insurance for all insurance required by this contract and shall include the state of Florida, Florida Department of Agriculture and Consumer Services, as additional insured. This form(s) shall be completed and signed by the authorized Licensed Florida Agent and returned to the Florida Department of Agriculture and Consumer Services, Florida Forest Service, Andrews Nursey, 9850 NW 42 Court Chiefland, Florida 32626.

Certificate(s) shall be dated and show:

1. Name of the insured contractor, specific job by name, name of the insurer, number of the policy, its effective date and its termination date.

2. Statement that the insured will mail notice to the owner, at least thirty (30) calendar days, prior to any material changes in provisions or cancellation of the policy.

4.14 General Liability Insurance

The contractor shall take out and maintain during the life of the contract:

Minimum Limits of Liability $1,000,000 each occurrence $2,000,000 aggregate

Including Bodily Injury, Property Damage and products and completed operations.

4.15 Contractor’s Automobile Liability Insurance

The contractor shall take out and maintain during the life of this agreement Automobile Liability insurance for all claims that may arise from all operations performed under this agreement:

Minimum Limits of Liability $300,000 any automobile

4.16 Worker’s Compensation Insurance

During the contract term, the contractor, at its sole expense, shall provide commercial insurance such a type and with such terms and limits as may be reasonably associated with the contract, which, as a minimum, shall be workers’ compensation and employer’s liability insurance in accordance with Chapter 440, Florida Statutes, with minimum employers’ liability limits of $100,000 per accident, $100,000 per person and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work.

Employers who have employees who are engaged in Florida must use Florida rates, rules and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers’ compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers’ compensation insurance.

4.17 Insurance, Loss Deductible Clause

The state of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance.

4.18 Vendor Ombudsman

Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the Contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to s. 55.03, F.S., will be due and payable in addition to the invoice amount.

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

WILTON SIMPSON

COMMISSIONER

ATTACHMENT A

Florida Department of Agriculture and Consumer Services Bureau of General Services

REFERENCES

As per the requirements of bid special condition References, each bidder is required to submit the names, addresses, and telephone numbers for the required three (3) references.

References shall be listed below.

In order for your bid to be considered responsive this form must be completed and included in your bid package.

1. CLIENT NAME:

MAILING ADDRESS:

CITY: _____ STATE: ZIP

TELEPHONE NUMBER: ( ) ___

EMAIL: _______________________________________________________________

2. CLIENT NAME:

TELEPHONE NUMBER: ( ) ___

EMAIL: _______________________________________________________________

3. CLIENT NAME:

TELEPHONE NUMBER: ( ) ___

ATTACHMENT B

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

INVITATION TO BID

Agency Release Date:

Wednesday, September 20, 2023

SUBMIT REPLY TO:

Florida Department of Agriculture and Consume Services Office of General Services - Purchasing Office 407 South Calhoun Street – Mayo Building, Room SB-8 Tallahassee, Florida 32399-0800 FDACS BID Number:

ITB FFS 23 24 52

Bid Due:

Wednesday, October 11, 2023, 5:00PM Solicitation Title: 2023-2024 Seedling Harvesting, Packaging, Planting and

Associated Work at Andrews Nursey Bid Opening Date and Time:

Thursday, October 12, 2023and 9:30AM **Bidder Name:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc.

DBA ABC)

Bidder Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Typed Name and Title of Authorized Agent

Toll Free Number: *This individual must have the authority to legally bind the Bidder to a contractual obligation.