9082 Solicitation Document.pdf

ITB Fed Mit—2/1/2021

State of Florida Department of Transportation

INVITATION TO BID

Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink Habitat Impacts

DOT-ITB-25-9082-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-25-9082-CA

Title: Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink Habitat Impacts

Bid Due Date & Time (On or before): June 16, 2025, at 8:00 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 CO.Purch@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. 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:

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

https://vendor.myfloridamarketplace.com/

BID SHEET (Page 1 of 2)

Bid #: DOT-ITB-25-9082-CA

Bid Title: Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink Habitat Impacts

Table 1 – Per Credit Rates for Species Habitat Conservation Bank Credits

Conservation Bank Name (Enter only one Bank Name in this cell):

Species Habitat Conservation Credit Type Price per Skink Credit Scrub Jay Credit Included (Yes/No)

Sand/Bluetail Mole Skink

BID SHEET (Page 2 of 2)

Bid #: DOT-ITB-25-9082-CA

Bid Title: Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink Habitat Impacts

This is a 24-month Term Contract whereby the Vendor agrees to furnish species habitat conservation 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 species habitat conservation bank credits to be purchased.

The prospective Bidder shall provide a bid price on Table 1 of the Bid Sheet for the type of species habitat conservation bank credits. The prospective Bidder is not required to be able to provide all the species habitat conservation bank credits needed. Due to the limited nature of species habitat conservation bank credits, the Department may award multiple bidders that can provide species habitat conservation bank credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with species habitat conservation bank credits available.

At the time of the bid the Vendor must have an approved conservation banking instrument(s) (permit) and have available species habitat conservation bank credits for purchase that meet the requirements of this Invitation to Bid (ITB). A copy of the conservation bank’s federal permit and a copy of the conservation bank’s current federal ledger must be provided.

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

DRUG-FREE WORKPLACE PROGRAM CERTIFICATION

375-040-18

PROCUREMENT

03/17

287.087 Preference to businesses with drug-free workplace programs. --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. In order to have a drug-free workplace program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).

(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.

(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above?

YES

NO

NAME OF BUSINESS:

IN-STATE PREFERENCE FORM

For Invitation-to-Bid Commodity

375-040-56

OGC – 03/13

Bid Number: DOT-ITB-25-9082-CA

Title: Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink

Habitat 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:

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-60

Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT

287.135 SCRUTINIZED COMPANIES LISTS OGC – 06/18

Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, 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. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy

Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

Respondent Vendor Name:

Vendor FEIN:

Vendor’s Authorized Representative Name and Title:

Address:

City: State: Zip:

Phone Number:

Email Address:

Certified By:

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

Authorized Signature Print Name and Title:

E-VERIFY

375-031-06

OGC – 10/21

Contract No: DOT-ITB-25-9082-CA

Financial Project No(s): Various

Project Description: Purchase of Species Habitat Conservation Bank Credits to Offset Sand and Bluetail Mole Skink Habitat 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:

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 Species Habitat Conservation Bank Credits for Sand and Bluetail Mole Skink Habitat impacts associated with multiple projects (See Exhibit A - Technical Specifications).

This is a 24-month Term Contract whereby the Vendor agrees to furnish Species Habitat Conservation 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 need. 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 Species Habitat Conservation 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 May 29, 2025

DEADLINE FOR ALL QUESTIONS

June 5, 2025

10:00 AM

QUESTIONS AND ANSWERS POSTED

June 6, 2025

4:00 PM

BIDS DUE (ON OR BEFORE)

Attn: Cassandra Anderson, Procurement Agent CO.Purch@dot.state.fl.us (See Special Condition 23)

June 16, 2025

8:00 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

9:00 AM

POSTING OF INTENDED DECISION/AWARD

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. The conservation bank must have the type of species credits it is specifically bidding on released and available for sale at the time of bid. The Department will purchase credits by purchase order as needed to meet project needs.

2. The Vendor must possess a valid Conservation Bank Agreement (permit) or other written verification from the United States Fish and Wildlife Service (USFWS) demonstrating the species credit satisfies the project’s mitigation needs. The Vendor shall provide copies of the banking authorization (Conservation Bank Agreement/Permit) and current associated bank ledger to the Department at the time of submittal of its bid. The Department reserves the right to coordinate with regulatory agencies to verify this information.

3. Prior to purchase the Vendor shall also provide a copy of its current bank ledger so the number of credits available can be verified.

a. The conservation bank service area must be able to satisfy USFWS requirements for the identified project. Alternatively, a Vendor can provide written verification from the USFWS that its credits are acceptable to offset species impacts for the identified project.

b. The conservation bank must have the appropriate type of species credits released and available for sale at the time of purchase.

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.

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) DIVERSITY ACHIEVEMENT

The Department encourages the recruitment and utilization of small, minority, women, and service-disabled veteran businesses. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses can compete for and perform contract work for the Department in a nondiscriminatory environment.

6) PRICES/DELIVERY

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

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

7) IN-STATE PREFERENCE FOR COMMODITY BIDS

Not applicable because federal funds will be used for this bid.

8) 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.

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

10) 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).

11) ACCEPTANCE

For the species habitat conservation bank credits to be accepted by the Department, the species habitat conservation bank credits must be as detailed in the Technical Specifications. Documentation demonstrating conservation bank credit availability shall include a copy of the current conservation bank credit ledger. At the time of the bid, the Vendor must have an approved conservation banking instrument and have available species habitat conservation bank credits for purchase that meet the requirements of this ITB. The Vendor shall provide the Department a copy of its USFWS agreement or written verification and a copy of its current bank ledger, so the available number of available credits can be verified at the time of its bid submittal.

12) REVIEW OF BIDDER'S DOCUMENTS

After the bid due date and prior to award, the Department reserves the right to perform or to have performed, a review of the bidder's documents certifying the conservation 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 conservation 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 conservation bank credits would not satisfy contract performance, the Department has the right to reject the bid.

13) 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.

14) 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.

15) 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 bid response.

A Vendor is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Vendor 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.

Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of $1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes.

If the Department determines the Vendor submitted a false certification under Section 287.135 of the 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 of the Florida Statutes or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met.

16) 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.

17) 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.

18) 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 can be rejected if found to be irregular or not in conformance with the specifications and instructions herein contained. A bid can 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 can cause rejection of bids include evidence of collusion among bidders, 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.

19) 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 23.

20) "DRUG-FREE WORKPLACE" PREFERENCE

Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award first in accordance with section 295.187(4), Florida Statutes, giving preference to “Veteran Business Enterprise” then to bid responses from vendors that certify the business has implemented a drug-free workplace program in accordance with Section 287.087, Florida Statutes. The “Drug-Free Workplace Program Certification” must be completed and submitted with the bid response to be eligible for this preference.

21) 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.

22) 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-25-9082-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.

23) ELECTRONIC SUBMISSION OF BIDS:

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

a) Subject line must show: DOT-ITB-25-9082-CA

b) Email shall contain one file attachment marked as the following: DOT-ITB-25-9082-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.

24) 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.

25) POSTING OF INTENDED DECISION/AWARD

25.1 - 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.

25.2 - 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 28.1, above) and/or telephone. The Department will provide notification of any future posting in a timely manner.

25.3 - 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.

26) AWARD OF THE CONTRACT

The Department will issue Purchase Orders for species habitat conservation bank credits on an as-needed basis.

27) 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 can be considered non-responsive and the bid may be subject to rejection.

Bid Sheet Drug-Free Workplace Program Certification In-State Preference (Form 375-040-56) Vendor Certification Regarding Scrutinized Companies Lists E-Verify (Form 375-031-06)

28) TERMS AND CONDITIONS

28.1 General Contract Conditions (PUR 1000)

The State of Florida’s General Contract Conditions are outlined in form PUR 1000, which is a downloadable document incorporated into this ITB by reference. Any terms and conditions set forth in this ITB document will take precedence over the PUR 1000 form where applicable.

PUR1000 General Contract Conditions

The following paragraphs do not apply to this Invitation to Bid:

Paragraph 8(a), Dispute Resolution - PUR 1000 Paragraph 5(l), PRIDE – PUR 1000, when federal funds are utilized.

28.2 General Instructions to Respondents (PUR 1001)

The State of Florida’s General Instructions to Respondents are outlined in form PUR 1001, which is a downloadable document incorporated into this ITB by reference. Any terms and conditions set forth in this ITB document take precedence over the PUR 1001 form where applicable.

http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf

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

28.3 MFMP Purchase Order Terms and Conditions

All MFMP Purchase Order contracts resulting from this solicitation will include the terms and conditions of this solicitation and the State of Florida’s standardized Purchase Order Terms and Conditions, which can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_c ustomers/po_terms_conditions

Section 8(B), PRIDE, is not applicable when using federal funds.

29) ORDER OF PRECEDENCE

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 Specifications Bid Sheet FDOT Purchase Order Terms and Conditions MFMP Purchase Order Terms and Conditions – Section 8(B), PRIDE, is not applicable when using federal funds.

General Instructions to Respondents (PUR 1001) General Contract Conditions (PUR 1000) Introduction Section https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf http://www.dms.myflorida.com/content/download/2934/11780/1001.pdf https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_agency_customers/po_terms_conditions

Exhibit “A” (Page 1 of 2)

Purchase of Species Habitat Conservation Credits to Offset Sand and Bluetail

Mole Skink Habitat Impacts

The Vendor shall provide permitted and released Species Habitat Conservation Bank Credits to offset impacts to sand skink and bluetail mole skink habitats associated with the Department’ Moving I-4

Forward projects and subject to the technical specification outlined herein. This is an indefinite quantity contract whereby the Vendor agrees to furnish species habitat conservation 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 species habitat conservation bank credits to be purchased.

The Vendor must meet the minimum criteria listed below:

1. The conservation bank must have the type of species credits it is specifically bidding on released and available for sale at the time of bid. The Department will purchase credits by purchase order as needed to meet project needs.

2. The Vendor must possess a valid Conservation Bank Agreement or other written verification from the United States Fish and Wildlife Service (USFWS) demonstrating the species credit satisfies the project’s mitigation needs. The Vendor shall provide copies of the banking authorization (Conservation Bank Agreement/Permit) and current associated bank ledger to the Department at the time of submittal of its bid. The Department reserves the right to coordinate with regulatory agencies to verify this information.

3. Prior to purchase the Vendor shall also provide a copy of its current bank ledger so the number of credits available can be verified.

a. The conservation bank service area must be able to satisfy USFWS requirements for the identified project. Alternatively, a Vendor can provide written verification from the USFWS that its credits are acceptable to offset species impacts for the identified project.

b. The conservation bank must have the appropriate type of species credits released and available for sale at the time of purchase.

At this time, the Department has identified five (5) projects for which Species Habitat Conservation Bank Credits may be purchased under the resulting contracts.

The actual quantities of Species Habitat Conservation Bank Credits needed for each of these projects are unknown at this time. The Department will issue Purchase Order(s) for the purchase of Species Habitat Conservation Bank Credits at such time as the exact quantities are known.

FPID 431456-7, Project 1, SR 400 (I-4) From East of World Drive to East of U.S. 192 FPID 431456-3, Project 2, SR 400 (I-4) From East of CR 532 to West of World Drive FPID 201210-9, Project 3, SR 400 (I-4) From West of U.S. 27 to West of CR 532 FPID 431456-2, Project 4, SR 400 (I-4) From East of US 192 to East of S.R. 536 FPID 446581-4, Project 5, Poinciana Connector (from C.R. 532 to S.R. 429)

Exhibit “A” (Page 2 of 2)

Purchase of Species Habitat Conservation Credits to Offset Sand and Bluetail

Mole Skink Habitat Impacts

Table 2- Estimated Species Habitat Conservation Credit Need

Species Habitat

Conservation Credit Type

Anticipated Habitat

Impact Acres

Species Habitat

Credits

Sand/Bluetail Mole Skink 37 74

The Vendor shall bid using the included BID SHEET. Each bid sheet is limited to species habitat conservation credits from a single conservation bank. The prospective Bidder shall provide a bid price on Table 1 of the Bid Sheet for the type of Species Habitat Conservation Bank Credits. The prospective Bidder is not required to be able to provide all the Species Habitat Conservation Bank Credits needed.

Due to the limited nature of Species Habitat Conservation Bank Credits, the Department may award multiple bidders that can provide Species Habitat Conservation Bank Credits meeting the Department’s needs. The Department will issue Purchase Orders to meet project needs to the lowest responsive bidder(s) with Species Habitat Conservation Bank Credits available.

The Department’s intent is to purchase Species Habitat Conservation Bank Credits by purchase order from the lowest bidder or lowest combination of bidders to meet the needs of each project. Purchases will be made for Species Habitat Conservation Bank Credits based on the lowest cost per Species Habitat Conservation Bank Credit. If a low bidder cannot meet the entire mitigation need for a project, the Department may purchase the remainder from higher bidders as needed to fulfill the total project need. For each subsequent purchase, the Department reserves the right to purchase available Species Habitat Conservation Bank Credits from the lowest bidder and proceed in order of price proposals to determine the best value for the state.

To the extent the Species Habitat Conservation Bank Credits purchased by the Department exceed the number of actual Species Habitat Conservation Bank Credits needed for a given project, the Department reserves the right to use any excess Species Habitat Conservation Bank Credits for its use on future qualifying projects. The Bidder/Vendor will aid the Department by properly updating its ledger(s) and assist as necessary to update regulatory ledger(s) to reflect actual species habitat conservation bank credits used and documenting the remaining Species Habitat Conservation Bank Credits available for use by the Department. The Bidder/vendor shall not sell these excess mitigation credits reserved for the benefit of the Department to any third party.

The Department may, at its sole discretion, purchase additional Species Habitat Conservation Bank Credits from the resulting contracts for any qualifying Department project on an as-needed basis.

BID CHECKLIST

(DOES NOT NEED TO BE RETURNED WITH YOUR BID)

This Checklist is provided as a guideline, only, to assist bidders in the preparation of their bid response.

Included are some important matters that the bidder should check. This checklist is just a guideline and is not intended to include all matters required by the ITB. Bidders are responsible to read and comply with the

ITB in its entirety.

Check off each the following:

1. The “BID SHEET” has been filled out completely, signed, and enclosed in the bid response.

2. The Federal Employers Identification Number or Social Security Number has been entered in the space provided.

3. “Drug-Free Workplace Program Certification” form has been read, signed, and enclosed in the bid response, if applicable.

4. “Scrutinized Companies Lists” certification form has been read, signed, and enclosed in the bid response, if applicable (required regardless of the bid value).

5. The Technical Specifications section has been thoroughly reviewed for compliance to the bid requirements.

6. The prices bid have been reviewed for accuracy and all price corrections have been initialed in ink.

7. The https://vendor.myfloridamarketplace.com/ website has been checked and any

Addendums posted have been completed, signed, and included in the bid response.

8. The bid response must be received, at the location specified, on or before the Bid Due

Date and Time designated in the ITB.

9. Electronic Submission of Bids guidelines laid out in Special Condition 23 are strictly followed.