Addendum No. 2.pdf

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Attached to
Aerial Ignition Services for Prescribed Burning
Solicitation number
ITB-17028
Issued by
Leon County, Florida

About this file

This is Addendum No. 2 to a sealed bid solicitation issued by the Florida Fish and Wildlife Conservation Commission (FWC) for Aerial Ignition Services for Prescribed Burning under ITB FWC 26/27-23. The addendum, issued on October 7, 2026, addresses questions and answers regarding bid specifications and requirements. The original bid deadline was October 8, 2026, at 2:30 PM ET; however, this addendum extends the response deadline to October 14, 2026, at 2:30 PM ET. The solicitation requires aerial ignition operations and pre- and post-inspection flights across five Wildlife Management Areas in northwest Florida: Apalachicola River Wildlife and Environmental Area, Aucilla Wildlife Management Area, Box-R WMA, Escribano Point WMA, and Telogia Creek WMA. The FWC guarantees a minimum of three hours of flight time for ignition operations and two hours for inspection flights monthly. The initial contract term is three years from Purchase Order issuance, with completion by June 12, 2029, and includes an option for renewal on a yearly basis for up to three additional years under the same terms and conditions.

Addendum No. 2 specifically addresses a bidder question regarding the liability and indemnification clause in Section 4, paragraph B of the original solicitation. The bidder challenged the broad indemnity language, noting that FWC holds the burn permit, serves as the Burn Boss, provides DAID burn equipment, operates the equipment, and manages ground operations and containment. The contractor provides only the aircraft and pilot. FWC's response clarifies that as a state agency, it cannot indemnify contractors due to sovereign immunity under the Florida Constitution but offers substitute language stating that each party shall be solely responsible for negligent or wrongful acts of its employees and agents, with nothing constituting a waiver of sovereign immunity or statutory limitations on liability, including the limited waiver provided under Florida Statutes Section 768.28. Bidders must submit hourly rates for both service categories, proof of pilot certifications and experience, three professional references, and aircraft information demonstrating compliance with all mandatory requirements. The contract will be awarded to the lowest-priced responsive and responsible bidder.

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Other files

File Type Posted
FWC ITB 26.27-23 Final Draft.pdf PDF
Addendum No. 1.pdf PDF
Addendum No. 3.pdf PDF

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Text version

Florida Fish and Wildlife Conservation Commission

Commissioners

Rodney Barreto

Chairman

Coral Gables

Steven Hudson

Vice Chairman

Fort Lauderdale

Preston Farrior

Tampa

Joshua Kellam

Palm Beach Gardens

Gary Lester

Oxford

Albert Maury

Coral Gables

Sonya Rood

St. Augustine

Office of the

Executive Director

Roger A. Young

Executive Director

Charles “Rett” Boyd

Assistant Executive Director

George Warthen

Chief Conservation Officer

Jessica Crawford

Chief of Staff

850-487-3796

850-921-5786 FAX

Managing fish and wildlife resources for their long-term well-being and the benefit of people.

620 South Meridian Street

Tallahassee, Florida

32399-1600

Voice: 850-488-4676

Hearing/speech-impaired:

800-955-8771 (T)

800-955-8770 (V)

MyFWC.com

DATE: OCTOBER 7, 2026

ADDENDUM NO.: 2

BID NO.: FWC 26/27-23

BID TITLE: ARIEL IGNITION SERVICES FOR PRESCRIBED BURNING

UPDATE: QUESTIONS AND ANSWERS

The enclosed addendum has been issued for consideration in the preparation of your response to the Florida Fish and Wildlife Conservation Commission’s (FWC) Solicitation

No. FWC 26/27-23, “ARIEL IGNITION SERVICES FOR PRESCRIBED BURNING”.

All responses to the subject solicitation must be received no later than 2:30 PM (ET) on

Wednesday, October 14, 2026.

The Bidder may withdraw or modify a Bid at any time prior to the due date by submitting a request to the Procurement Office.

A response received after the exact time specified will not be considered. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes (F.S.), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

Written notices, formal requests and proceedings must conform with the requirements set forth in Chapter 28-110, Florida Administrative Code (F.A.C.). Protests must be filed with the Purchasing Office, Fish and Wildlife Conservation Commission, 1875 Orange

Avenue East, Tallahassee, Florida 32311-6160 within the time prescribed in Section

120.57(3), F.S. and Chapter 28-110, F.A.C.

Sincerely, Xavier Wilson

FWC Procurement Manager

FWC SOLICITATION ADDENDUM 2

BEGIN ADDENDUM

QUESTION #1

Reference Section 4, B Liability:

The general indemnity clause is excessively broad and places undue burden and responsibility on the contractor.

FWC is the burn permit holder and the approved Burn Boss. FWC also provides the DAID burn equipment and the contractor has no right or responsibility to determine the suitability or functionality of the DAID equipment provided by FWC beyond a simple visual inspection during installation to ensure that the equipment appears to be safe and suitable for carriage on the aircraft. FWC staff also perform the operations of the DAID equipment at the instruction of the FWC Burn Boss / Fire Manager. In addition, the ground management and containment of the controlled burn are completely under the management and discretion of FWC.

In summary, the contractor is only providing the aircraft and the pilot. FWC is providing all other personnel, equipment and authority pertaining to the controlled burn activity.

Reference: FS 590.125, FS 590.13

We believe the State should instead indemnify the contractor thereby providing protection to the State as well as the Contractor under sovereign immunity. Or at the very least, specifically limit the contractor’s liability to the aircraft operations only as are customarily covered under an aircraft liability policy.

Can FWC please clarify its intention with regards to the Section 4, para B Liability requirements and revise the indemnity clause if deemed appropriate?

ANSWER #1

As a state agency, we are prohibited from agreeing to indemnify and hold harmless another party in a contract.

This is because the State of Florida has sovereign immunity under section 13, Article X, of the Florida Constitution, and sovereign immunity cannot be waived absent statutory authority. We can, however, offer the following substitute language:

Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing herein shall constitute a waiver by either party of sovereign immunity or statutory limitations on liability, including but not limited to sovereign immunity of the State of Florida beyond the waiver provided for in section 768.28, F.S., as amended.

END ADDENDUM

Question #1
Answer #1

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