9051 Solicitation Document .pdf

ITB State Mit—8/29/2025

State of Florida Department of Transportation

INVITATION TO BID

State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland

Impacts

DOT-ITB-26-9051-CA

Cassandra Anderson, Procurement Agent

605 Suwannee Street, Mail Station 20 Tallahassee, Florida 32399-0450

CO.Purch@dot.state.fl.us mailto:CO.Purch@dot.state.fl.us

State of Florida Department of Transportation Central Procurement Office

605 Suwannee Street, MS 20 Tallahassee, Florida 32399-0450

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO CO.Purch@dot.state.fl.us

Bid Number: DOT-ITB-26-9051-CA

Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Bid Due Date & Time (On or before): January 5, 2026 @ 9:00 AM EST

Potential bidders should notify our office by returning this Bid Registration Form as soon as possible after downloading. Complete the information below e-mail to cassandra.anderson@dot.state.fl.us.

THE INVITATION TO BID DOCUMENT YOU RECEIVED IS SUBJECT TO

CHANGE. Notice of changes (Addenda), will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/, under this bid number, click on “Search Advertisements”, click on the drop-down arrow beside the box under Advertisement Type, select Invitation to Bid, click on the drop-down arrow beside the box for Organization, select FLORIDA DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Advertisement Search. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

Company Name:

Address:

City, State, Zip:

Telephone: ( )

Contact Person:

E-mail Address:

For further information on this process, e-mail or telephone: Cassandra Anderson cassandra.anderson@dot.state.fl.us

(850) 414-4479 mailto:CO.Purch@dot.state.fl.us mailto:cassandra.anderson@dot.state.fl.us.

https://vendor.myfloridamarketplace.com/ mailto:cassandra.anderson@dot.state.fl.us

BID SHEET

Bid #: DOT-ITB-26-9051-CA

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Enter the per credit bid price for each drainage basin on the tables below.

Table 1 – Per Credit Rates for Combined State & Federal Freshwater Forested/Palustrine and Herbaceous/Palustrine Mitigation Bank Credits

Mitigation Bank Name (Enter only one Bank Name in this cell)

Assessment Method

Wetland Credit Type

SWFWMD Drainage Basins

Withlacoochee River

Peace River Hillsborough River

Alafia River Tampa Bay and Coastal Areas

Little Manatee River

Manatee River

UMAM* Forested/Palustrine

UMAM* Herbaceous/Palustrine

*For mitigation bank credits permitted under an assessment methodology other than UMAM (e.g. WRAP, Ratio), attach documentation from the appropriate regulatory agencies confirming acceptance of the bidder’s conversion calculation factor of permitted credits to UMAM is acceptable to satisfy the Department’s mitigation needs.

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Table 2 – Per Credit Rates for State Freshwater Forested/Palustrine and Herbaceous/Palustrine Mitigation Bank Credits

Mitigation Bank Name (Enter only one Bank Name in this cell)

Assessment Method

Wetland Credit Type

SWFWMD Drainage Basins

Withlacoochee River

Peace River Hillsborough River

Alafia River Tampa Bay and Coastal Areas

Little Manatee River

Manatee River

*For mitigation bank credits permitted under an assessment methodology other than UMAM (e.g. WRAP, Ratio), attach documentation from the appropriate regulatory agencies confirming acceptance of the bidder’s conversion calculation factor of permitted credits to UMAM is acceptable to satisfy the Department’s mitigation needs.

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Table 3 – Per Credit Rates for Federal Freshwater Forested/Palustrine and Herbaceous/Palustrine Mitigation Bank Credits

Assessment Method

Wetland Credit Type SWFWMD Drainage Basins

Withlacoochee River

Peace River Hillsborough River

Alafia River Tampa Bay and Coastal Areas

Little Manatee River

Manatee River

*For mitigation bank credits permitted under an assessment methodology other than UMAM (e.g. WRAP, Ratio), attach documentation from the appropriate regulatory agencies confirming acceptance of the bidder’s conversion calculation factor of permitted credits to UMAM is acceptable to satisfy the Department’s mitigation needs.

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Table 4 – Per Credit Rates for Combined State & Federal Freshwater Herbaceous/Palustrine Mitigation Bank Credits

Assessment Method

Wetland Credit Type

SFWMD Drainage Basins SWFWMD Drainage Basins SJRWMD Drainage Basin

Reedy Creek Lake Tohopekaliga

Shingle Creek

Lake Hatchineha

Lake Kissimmee

Kissimmee Ridge

Ocklawaha River

Palatlakaha River Nested (13)

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Table 5 – Per Credit Rates for Federal Freshwater Herbaceous/Palustrine Mitigation Bank Credits

Assessment Method

Wetland Credit Type

SFWMD Drainage Basins SWFWMD Drainage Basins SJRWMD Drainage Basin

Reedy Creek

Lake Tohopekaliga

Shingle Creek

Lake Hatchineha

Lake Kissimmee

Kissimmee Ridge

Ocklawaha River

Palatlakaha River

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

Table 6 – Per Credit Rates for State Freshwater Herbaceous/Palustrine Mitigation Bank Credits

Assessment Method

Wetland Credit Type

SFWMD Drainage Basins SWFWMD Drainage Basins SJRWMD Drainage Basin

Reedy Creek

Lake Tohopekaliga

Shingle Creek

Lake Hatchineha

Lake Kissimmee

Kissimmee Ridge

Ocklawaha River

Palatlakaha River

Bid Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater Wetland Impacts

This is a 24-month Term Contract whereby the Vendor agrees to furnish wetland mitigation bank credits on an as needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price.

The 24 months will commence from the date the award is final. The Department does not guarantee any specific quantity of wetland mitigation bank credits to be purchased.

The prospective Bidder shall provide a bid price on Tables 1-6 of the Bid Sheet as appropriate for the type of wetland mitigation bank credits. The prospective Bidder is not required to bid on both state and federal wetland mitigation bank credits or each identified drainage basin. Tables 1 and 4 provide for a combined state and federal wetland mitigation bank credit bid price. Tables 2, 3, 5 and 6 provide for a separate state and federal bid price. The Vendor may enter bids on more than one of the tables but need not enter bids on all tables. The prospective Bidder is not required to be able to provide all the wetland mitigation bank credits needed. Due to the limited nature of wetland mitigation bank credits, the Department may award multiple bidders that can provide wetland mitigation bank credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with wetland mitigation bank credits available.

At the time of the bid, the Vendor must have approved mitigation banking instruments (permits) and have federal and/or state mitigation bank credits available for purchase at the time of the bid response that meet the requirements of this Invitation to Bid (ITB). A copy of the mitigation bank’s state and/or federal permits and a copy of the mitigation bank’s current state and/or federal ledger must be provided with the bid response.

Delivery: A receipt letter shall be delivered to the Department upon notice of award. Delivery will be made within 14 days of receipt of purchase order and shall include confirmation that formal adjustments to the state and federal credit ledgers have been made and approved by the appropriate regulatory agencies. Payment will be rendered following receipt of the invoice for the credit(s). The Department may consult with the appropriate regulatory agencies to confirm that credits from the respective bank will satisfy mitigation required before the Intended Award will be made.

MFMP Transaction Fee:

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

Note: In submitting a response, the Bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions.

Acknowledgement: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the Bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation.

Bidder: _______________________________________________ FEID# ____________________

Address: _________________________________City, State, Zip: __________________________

Phone: ______________________________ E-mail: ____________________________________

Authorized Signature: _________________________________Date: ________________________

Printed/Typed: ________________________________ Title: _______________________________

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

IN-STATE PREFERENCE FORM

For Invitation-to-Bid Commodity

375-040-56

PROCUREMENT

OGC – 03/13

Bid Number: DOT-ITB-26-9051-CA

Title: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset Freshwater

Wetland Impacts

Pursuant to Section 287.084, Florida Statutes, relating to the Florida-based business preference, effective

July 1, 2012:

In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state of Florida and that state where the vendor’s principal place of business is located does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.

Note: The Vendor is required to complete and submit this form with its bid to be considered for this preference.

Vendor Name:

Vendor FEIN:

The Vendor (does ) (does not ) have a principal place of business located in the state of Florida.

If so, please provide an address:

Note: A vendor whose principal place of business is outside the state of Florida must accompany any written bid documents with a written opinion of an attorney licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business is in that foreign state in the letting of any or all public contracts.

Authorized Signature:

Title:

Date:

E-VERIFY

375-031-06

OGC – 11/25

Contract No: TBD

Financial Project No(s):

Project Description: State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to

Offset Freshwater Wetland Impacts

In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system. The Vendor/Consultant/Contractor shall comply with Section 448.095, Florida Statutes, for the duration of the contract term, including any extensions or renewal periods.

Company/Firm:

Authorized Signature:

Title:

Florida Statutes:

287.135

VENDOR CERTIFICATION REGARDING

SCRUTINIZED COMPANIES LISTS

375-030-60 Procurement

OGC – 08/25

Respondent Vendor Name: _____________________________________________________

Vendor FEIN: ____________________________________

Vendor’s Authorized Representative Name and Title: ___________________________________

Address: ______________________________________________________________________

City: _____________________ State: _____________________________ Zip: ______________

Phone Number: ____________________________________

Email Address: _____________________________________________________

Section 287.135, Florida Statutes, prohibits a company or other entity from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of: i) $100,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract , the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and, ii) $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

As the authorized representative of the company or other entity identified above in the section entitled “Respondent Vendor Name”, I hereby certify that the company or other entity is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or the Scrutinized Companies or Other Entities that Boycott Israel List. I further certify that the company or other entity is not engaged in a boycott of Israel and is not engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney’s fees, costs, and/or ineligibility to bid on future contracts.

Certified By:

who is authorized to sign on behalf of the above referenced company.

Authorized Signature Print Name and Title:

I N T R O D U C T I O N S E C T I O N

1) INVITATION

The Florida Department of Transportation (Department) is requesting competitive bids for the purchase of State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to offset freshwater wetland impacts associated with multiple projects (See Exhibit A - Technical Specifications).

This is a 24-month Term Contract whereby the Vendor agrees to furnish State and/or Federal Forested and Herbaceous Wetland Mitigation Bank Credits on an as needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price. The 24 months will commence from the date the award is final.

The Department will use purchase orders to satisfy its needs. By submitting a bid, a prospective bidder agrees to honor the bid price for the term of the contract. The Department does not guarantee any specific quantity of wetland mitigation bank credits to be purchased.

All commodities identified in this Invitation to Bid will be subject to the availability of identical commodities as provided by mandatory Department of Management Services' State Contract(s) at such time these commodities become available. In the event of duplication(s) of commodities, the Department of Management Services' mandatory State Contract shall prevail.

2) TIMELINE

Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (addenda) will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/(click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid.

ACTION / LOCATION DATE LOCAL TIME

ADVERTISEMENT DATE

12/09/25

DEADLINE FOR ALL QUESTIONS 12/15/25 5:00 PM

QUESTIONS AND ANSWERS POSTED 12/17/25 4:00 PM

BIDS DUE (ON OR BEFORE)

Attn: Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us (See Special Condition 21)

01/05/26 9:00 AM

PUBLIC OPENING OF BIDS RECEIVED

Florida Department of Transportation Central Procurement Office Attn: Cassandra Anderson, Procurement Agent 605 Suwannee Street, MS 20 Tallahassee, Florida 32399-0450

01/05/26 10:00 AM

POSTING OF INTENDED DECISION/AWARD

01/06/26

3) PUBLIC MEETING AGENDAS

BID OPENING AGENDA

The sealed bids will be opened by the Department's Procurement Office personnel at the date, time and location in the Timeline. All bid openings are open to the public and will be conducted according to the following agenda:

Opening remarks – Approximate time of 2 minutes by Department Procurement Office personnel. Public input period – To allow a reasonable amount of time for public input related to the bid solicitation.

Bids opened – At conclusion of public input period, bids received timely will be opened with bidder’s name and prices to be read aloud.

Adjourn - After all bids received timely have been opened, the meeting will be adjourned.

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact the contact person at the phone number or e-mail address provided on the title page 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).

5) VENDOR QUALIFICATIONS

The Vendor must meet the following criteria to provide a bid:

1. If bidding on state credits, the Vendor must have a valid state mitigation bank permit (state permit) for the mitigation bank. The mitigation credits must be acceptable to the applicable WMD or Florida Department of Environmental Protection (FDEP) to offset wetland impacts associated with the planned project. The Vendor shall provide the Department a copy of its state permit and a copy of its current state credit ledger, so the available number of credits can be verified at the time of its bid submittal.

The mitigation bank’s service area must cover the identified WMD drainage basin. If a mitigation bank’s service area is outside the identified basin, the Vendor shall provide as applicable, a cumulative impact assessment or the appropriate multiplier analysis for use by the Department if required, which has been approved by the applicable WMD or DEP, confirming that its mitigation bank is acceptable to offset wetland impacts associated with the planned project.

2. If bidding on federal credits, the Vendor must have a valid federal banking instrument (federal permit) with a federal service area which encompasses the planned project’s wetland impacts.

The federal wetland mitigation bank credits shall include all species credits (e.g., wood stork) tied to each wetland mitigation bank credit. If the federal service area is outside the identified basin, a Vendor can provide written verification from the United States Army Corps of Engineers (USACE) that its wetland mitigation bank credits are acceptable to offset wetland impacts for a planned project. The Vendor shall provide the Department a copy of its federal permit and a copy of its current federal credit ledger, so the available number of credits can be verified at the time of its bid submittal.

A Federal mitigation bank's service area must cover the project’s identified 8-digit Hydrologic Unit Code (HUC). Alternatively, a Vendor may provide written verification from USACE that the mitigation banking instrument for the bank includes language permitting the use of wetland mitigation bank credits for the identified HUC-8 which includes the impacts associated with the Department’s planned project and/or allows for consideration under the federal Proximity Factor Tool.

3. If bidding on both state and federal credits under one bid price, the Vendor must meet both criteria 1 and 2 above.

4. The Vendor must have the type of mitigation credits it is bidding on released and available for sale at the time of the bid.

5. When a Vendor’s mitigation credits use an assessment methodology other than the Uniform Mitigation Assessment Method (UMAM) the Vendor must provide documentation as part of its bid proposal from the appropriate permitting agency(ies) stating the credits can be used for the Department’s proposed project(s). The Vendor is responsible for calculating any conversion factors and providing documentation from the appropriate regulatory agencies confirming that the bidder’s conversion calculation of permitted credits to UMAM is acceptable to satisfy the Department’s mitigation needs. The Department reserves the right to coordinate with regulatory agencies to confirm these mitigation credits are appropriate to meet its mitigation needs.

S P E C I A L C O N D I T I O N S

1) MyFloridaMarketPlace

BIDDERS MUST BE ACTIVELY REGISTERED IN THE STATE OF FLORIDA’S

MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR

THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 21). All prospective bidders that are not registered, should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1-866-352-3776 for assisted registration.

All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the referenced Form PUR 1000 General Contract Condition #7d. The Transaction Fees imposed shall be based upon the date of issuance of the payment.

2) Florida Department of Financial Services (DFS) W-9 INITIATIVE

The Florida Department of Financial Services (DFS) requires all vendors that do business with the state to submit an electronic Substitute Form W-9. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com to receive payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9@myfloridacfo.com with any questions.

3) QUESTIONS & ANSWERS

In accordance with section 287.057(25), Florida Statutes, 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.

Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department’s written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid.

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

WRITTEN TECHNICAL QUESTIONS should be submitted to:

Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us

4) ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO BID (ADDENDA)

No negotiations, decisions, or actions will be initiated or executed by a bidder as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department.

Notices of changes (addenda) will be posted on the Florida Vendor Information Portal at https://vendor.myfloridamarketplace.com/ (click on “Search Advertisements”) under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All addenda will be acknowledged by signature and subsequent submission of addenda with bid when so stated in the addenda.

5) PRICES/DELIVERY

Prices shall be firm, net, delivered prices, F.O.B. destination.

6) IN-STATE PREFERENCE FOR COMMODITY BIDS

In accordance with Section 287.084, Florida Statutes, when the lowest responsible and responsive bid is submitted by a vendor whose principal place of business is located outside the state of Florida, a 5% price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida, as determined by the vendor’s registration with the Florida Department of State (SunBiz), unless the state where the out-of-state vendor is located provides a price preference for businesses having a principal place of business in that state. In that case, the same price preference shall be awarded to the lowest responsible and responsive vendor whose principal place of business is located in the state of Florida responding to this Invitation to Bid (ITB).

All bidders MUST complete the attached “In-State Preference Form” and submit with their bid response. All vendors whose principal place of business is outside of Florida, as determined by the vendor’s registration with the Florida Department of State (SunBiz), must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Failure to submit the “In-State Preference Form AND written opinion will result in the vendor being found non-responsive.

For the 5% preference, the Department will apply 5% to the bid price(s) of the lowest out of state vendor whose state does not grant a preference if that vendor has submitted the lowest responsible and responsive bid.

7) INTENDED AWARD

As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof: on a geographical district basis and / or on a statewide basis with one or more suppliers to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions, unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statute. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award in accordance with section 295.187(4), Florida Statutes, and Rule 60A-1.011 Florida Administrative Code.

8) PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD.

9) PRODUCT REQUIREMENTS/SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible, therefore. Deviations must be explained in detail on separate attached sheet(s).

10) ACCEPTANCE

For the wetland mitigation bank credits to be accepted by the Department, the wetland mitigation bank credits must be as detailed in the Technical Specifications. Documentation demonstrating wetland mitigation bank credit availability shall include a copy of the current state and/or federal wetland mitigation bank credit ledger as applicable. At the time of the bid the Vendor must have an approved state mitigation bank permit and/or federal mitigation banking instrument, as applicable, and have available federal and/or state wetland mitigation bank credits for purchase that meet the requirements of this ITB. Provide a copy of the current state and/or federal wetland mitigation bank credit ledger and approved state mitigation bank permit and/or federal mitigation banking instrument with the bid response.

11) REVIEW OF BIDDER'S DOCUMENTS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, a review of the bidder's documents certifying the wetland mitigation bank credits are available for purchase and meet the Technical Specifications identified. This review will serve to verify information submitted by the bidder and may be used to determine whether the bidder has the appropriate wetland mitigation bank credits to meet the Department’s mitigation request as specified in the Technical Specifications.

Should the Department determine that the bid package has material misrepresentations or that the bidder's wetland mitigation bank credits would not satisfy contract performance, the Department has the right to reject the bid.

12) PROTEST OF INVITATION TO BID SPECIFICATIONS

Any person who is adversely affected by the contents of this Invitation to Bid must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten

(10) days of the date on which the written notice of protest is filed.

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.

13) UNAUTHORIZED ALIENS

The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract.

14) SCRUTINIZED COMPANIES LISTS

ALL Responses, regardless of dollar value, must include a completed Vendor Certification Regarding Scrutinized Companies Lists to certify the respondent is not on either of those lists.

The Form should be submitted with the Price Proposal.

Section 287.135, Florida Statutes, prohibits a company or other entity from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of: i) $100,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract , the company or other entity is on the Scrutinized Companies or Other Entities that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and, ii) $1,000,000 or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company or other entity is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

If the Department determines the Vendor submitted a false certification under Section 287.135 , Florida Statutes, the Department shall either terminate the Contract after it has given the Vendor notice and an opportunity to demonstrate the Department’s determination of false certification was in error pursuant to Section 287.135 , Florida Statutes, or maintain the Contract if the conditions of Section 287.135 , Florida Statutes are met.

15) RESERVATIONS

The Department reserves the right to accept or reject any or all bids received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and submitted to ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of the Department's official file, without obligation to the Department.

16) ADDITIONAL TERMS & CONDITIONS

No conditions may be applied to any aspect of the ITB by the bidder. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see “RESPONSIVENESS OF BIDS”). DO NOT WRITE IN CHANGES ON ANY ITB SHEET.

The only recognized changes to the ITB prior to bid opening will be a written addenda issued by the Department.

17) RESPONSIVENESS OF BIDS

Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the items specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid. Bids found to be non-responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the specifications and instructions herein contained. A bid may be found to be irregular or non-responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid specifications, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required items, and failure to perform or meet financial obligations on previous contracts. ALL determinations of responsiveness will be the responsibility of the FDOT Procurement Office.

http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60 http://procnet.co.dot.state.fl.us/forms/ByNumber.asp?formnumber=375-030-60

18) REQUIRED DOCUMENTS

The bidder must use the attached BID SHEET to submit its bid. The BID SHEET must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid forms and other documentation submitted in response to this solicitation must be executed and submitted in accordance with the electronic bid submittal instructions in Special Condition 21.

Provide a copy of the current state and/or federal wetland mitigation bank credit ledger and approved state mitigation bank permit and/or federal mitigation banking instrument with the bid response.

19) COPYRIGHTED MATERIAL

Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

20) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL

The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate document labeled "Attachment to Invitation to Bid, Number DOT-ITB-26-9051-CA - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening.

21) ELECTRONIC SUBMISSION OF BIDS:

Please follow the below instructions for the submittal of electronic bids, failure to do so, may result in your bid being found non-responsive. Non-responsive replies will not be evaluated.

a) Subject line must show: DOT-ITB-26-9051-CA

b) Email shall contain one file attachment marked as the following: DOT-ITB-26-9051-CA Bid Submittal

c) Documents shall be submitted in portable document format (PDF) and have a size limit of

25MB.

d) The body of the email shall not contain any information

e) Documents shall not be submitted in a ZIP (.zip) file

f) Bids shall be submitted to: CO.Purch@dot.state.fl.us

It is the bidder’s responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2 Timeline). Failure to properly and timely deliver the bid can result in the bid not being considered.

22) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may request to submit modified bid at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will be voided and not considered unless resubmitted by the due date and time. Bidders may also send a change in a separate email to be opened at the same time as the bid. The ITB number, opening date and time should appear on the envelope of the modified bid.

23) POSTING OF INTENDED DECISION/AWARD

23.1 - General:

The Department’s decision will be posted on the Florida Vendor Information portal at https://vendor.myfloridamarketplace.com/, on the date in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450:

1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award (the notice of protest may be Faxed to 850-414-5264), and

2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier’s check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1%) of the estimated contract amount based on the contract price submitted by the protestor.

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.

23.2 - Inability to Post:

If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Information Portal (see special condition 23.1, above) and/or telephone. The Department will provide notification of any future posting in a timely manner.

23.3 - Request to Withdraw Bid:

Requests for withdrawal will be considered if received by the Department, in writing, within seventy-two (72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable.

24) AWARD OF THE CONTRACT

The Department will issue Purchase Orders for wetland mitigation bank credits on an as-needed basis.

25) FORMS

The Bidder must complete all required items below and submit them as part of the Bid package.

Any Bid in which these forms are not used or in which these forms are improperly executed may be considered non-responsive and the bid may be subject to rejection.

Bid Sheet Exhibit “A” Technical Specifications In-State Preference (Form 375-040-56) Vendor Certification Regarding Scrutinized Companies Lists (Form 375-030-60) E-Verify (Form 375-031-06)

26) TERMS AND CONDITIONS

All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed:

Special Conditions Technical Specification Bid Sheet Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section

27) ATTACHED FORMS PUR 1000, GENERAL CONTRACT CONDITIONS AND PUR 1001, GENERAL

INSTRUCTIONS TO RESPONDENTS

These are standard forms that the Department is required to include in all formal solicitations. The following paragraphs do not apply to this Invitation to Bid:

Paragraph 3, Electronic Submission – PUR 1001 Paragraph 4, Terms and Conditions – PUR 1001 Paragraph 5, Questions – PUR 1001 Paragraph 8(a), Dispute Resolution - PUR 1000 Paragraph 5(l), PRIDE – PUR 1000

28) ANTITRUST VIOLATOR VENDOR LIST

Pursuant to Section 287.137(2)(a), Florida Statutes, 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.

29) PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

Pursuant to Section 287.05701, Florida Statutes, an awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, and an awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interest.

30) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED

The Proposer must submit, with its Proposal, a completed Foreign Country of Concern Attestation (PUR 1355) (Form 6). Form 6 must be completed by an officer or representative of the Bidder on behalf of the Bidder.

31) AFFIDAVIT REGARDING LABOR AND SERVICES

Prior to contract execution, extension or renewal, the Department shall notify the Contract awardee of the need to download, complete, and submit the FDOT form, Affidavit Regarding Labor and Services, No. 375-030-31. Please have the form signed and notarized and send a scanned copy to the Department. The nongovernmental entity (Contract awardee) must maintain the original copy in accordance with other provisions of this Agreement or Contract, and in accordance with Florida law.

Exhibit “A” (Page 1 of 3)

Technical Specifications

State and Federal Forested and Herbaceous Wetland Mitigation Bank Credits to Offset

The Vendor shall provide permitted and released state and/or federal freshwater forested/palustrine and/or herbaceous/palustrine wetland mitigation bank credits for the below identified water management drainage basin(s) and/or service areas within the jurisdictional boundaries of the St.

Johns River Water Management District (SJRWMD), the Southwest Florida Water Management District

(SWFWMD), the South Florida Water Management District (SFWMD), and the United States Army

Corps of Engineers (USACE). The vendor shall provide state and/or federal freshwater forested/palustrine and/or herbaceous/palustrine wetland mitigation bank credits for a period of 24 months from the date the award is final. This is an indefinite quantity contract whereby the Vendor agrees to furnish wetland mitigation bank credits on an as needed basis to meet the Department’s mitigation needs on a per project basis at the specified bid price. The Department does not guarantee any specific quantity of mitigation credits to be purchased.

SJRWMD

• Palatlakaha River Nested (13)

SWFWMD

• Kissimmee Ridge

• Ocklawaha River

• Withlacoochee River

• Peace River

• Hillsborough River

• Alafia River

• Tampa Bay and Coastal Areas

• Little Manatee River

• Manatee River

SFWMD

• Reedy Creek

• Lake Tohopekaliga

• Shingle Creek

• Lake Kissimmee

• Lake Hatchineha

1. If bidding on state credits, the Vendor must have a valid state mitigation bank permit (state permit) for the mitigation bank. The mitigation credits must be acceptable to the applicable WMD or Florida Department of Environmental Protection (FDEP) to offset wetland impacts associated with the planned project. The Vendor shall provide the Department a copy of its state permit and a copy of its current state credit ledger, so the available number of credits can be verified at the time of its bid submittal.

Exhibit “A” (Page 2 of 3)

The mitigation bank’s service area must cover the identified WMD drainage basin. If a mitigation bank’s service area is outside the identified basin, the Vendor shall provide as applicable, a cumulative impact assessment or the appropriate multiplier analysis for use by the Department if required, which has been approved by the applicable WMD or DEP, confirming that its mitigation bank is acceptable to offset wetland impacts associated with the planned project.

2. If bidding on federal credits, the Vendor must have a valid federal banking instrument (federal permit) with a federal service area which encompasses the planned project’s wetland impacts. The federal wetland mitigation bank credits shall include all species credits (e.g., wood stork) tied to each wetland mitigation bank credit. If the federal service area is outside the identified basin, a Vendor can provide written verification from the United States Army Corps of Engineers (USACE) that its wetland mitigation bank credits are acceptable to offset wetland impacts for a planned project. The Vendor shall provide the Department a copy of its federal permit and a copy of its current federal credit ledger, so the available number of credits can be verified at the time of its bid submittal.

A Federal mitigation bank's service area must cover the project’s identified 8-digit Hydrologic Unit Code (HUC). Alternatively, a Vendor may provide written verification from USACE that the mitigation banking instrument for the bank includes language permitting the use of wetland mitigation bank credits for impacts outside the identified HUC-8 which includes the impacts associated with the Department’s planned project and/or allows for consideration under the federal Proximity Factor Tool.

3. If bidding on both state and federal credits under one bid price, the Vendor must meet both criteria 1 and 2 above.

4. The Vendor must have the type of mitigation credits it is bidding on released and available for sale at the time of the bid.

5. When a Vendor’s mitigation credits use an assessment methodology other than the Uniform Mitigation Assessment Method (UMAM) the Vendor must provide documentation as part of its bid proposal from the appropriate permitting agency(ies) stating the credits can be used for the Department’s proposed project(s). The Vendor is responsible for calculating any conversion factors and providing documentation from the appropriate regulatory agencies confirming that the bidder’s conversion calculation of permitted credits to UMAM is acceptable to satisfy the Department’s mitigation needs. The Department reserves the right to coordinate with regulatory agencies to confirm these mitigation credits are appropriate to meet its mitigation needs.

At this time, the Department has identified estimated wetland impacts below for which Wetland Mitigation Bank Credits may be purchased under the resulting contracts

The actual quantities of Wetland Mitigation Bank Credits needed are unknown at this time. The Department will issue Purchase Order(s) for the purchase of Wetland Mitigation Bank Credits at such time as the exact quantities are known.

Drainage Basin information and estimated wetland impacts are included as available from preliminary project planning. The estimated impact acres are included for the benefit of vendors with credits using an assessment methodology other than UMAM. These wetland impact acres are estimated and subject to agency verification during the permitting review process.

Exhibit “A” (Page 3 of 3)

1. Reedy Creek Basin/ HUC8 03090101 Kissimmee:

• 21.0 acres freshwater herbaceous

2. Ocklawaha River Basin/ HUC8 03080102 Oklawaha:

• 5.0 acres freshwater herbaceous

3. Withlacoochee River Basin/ HUC8 03100208 Withlacoochee:

• 5.0 acres freshwater herbaceous

• 68.0 acres freshwater forested

The Vendor shall bid using the included BID SHEET. Each bid sheet is limited to wetland mitigation bank credits from a single wetland mitigation bank. The prospective Bidder shall provide a bid price on Tables 1 - 6 as appropriate for the type of wetland mitigation bank credits. The prospective Bidder is not required to bid on both state and federal wetland mitigation bank credits or each identified Drainage Basin. Tables 1 and 4 provide for a combined state and federal freshwater forested and herbaceous wetland mitigation credit bid price. Tables 2, 3, 5 and 6 provide for a separate state and/or federal bid price. The Vendor may enter bids on more than one of the tables but need not enter bids on all of the tables.