DOT-ITB-27-5001-SFMC Complete.pdf

ITB Fed Mit—8/29/2025

State of Florida Department of Transportation

INVITATION TO BID

Purchase of State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

DOT-ITB-27-5001-SFMC

Florida Department of Transportation Procurement Office, MS-524 719 South Woodland Boulevard DeLand, Florida 32720-6834

State of Florida Department of Transportation

District Five 719 S. Woodland Boulevard DeLand, Florida 32720-6834

INVITATION TO BID REGISTRATION

PLEASE COMPLETE AND RETURN THIS FORM ASAP

E-MAIL TO D5.ProcurementQuestions@dot.state.fl.us

Bid Number: DOT-ITB-27-5001-SFMC

Title: Purchase of State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

Bid Due Date & Time (On or before): ____ July 28, 2026, at 9:00am

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 D5.ProcurementQuestions@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: _________________________________________________________

Form No. 1 mailto:D5.ProcurementQuestions@dot.state.fl.us https://vendor.myfloridamarketplace.com/

Bid Price Proposal

Bid #: DOT-ITB-27-5001-SFMC

Bid Title: Purchase of State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

This is a 24-month Term Contract whereby the Bidder agrees to furnish wetland mitigation bank credits and/or 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 on the date the award is final. The Department does not guarantee any specific quantity of mitigation credits to be purchased.

At the time of the bid, the Bidder must have approved banking instruments and have available federal and/or state wetland mitigation bank credits and/or conservation bank credits for purchase that meet the requirements of this ITB.

federal permits and a copy of the mitigation bank’s current state and federal ledger sheets.

If the bidder is an authorized or contracted agent for, but not the owner of the mitigation bank/land, then both the agent and the bank owner will need to sign the Bid Price Proposal on the lines provided below.

* Mitigation Bank Name:

Please provide a copy of the mitigation bank’s state and/or

Bidder Name (If different from Bank):

**Basin:

*** Mitigation Credit Assessment Methodology (UMAM, WRAP, RATIO):

Price Per Credit

Mitigation Credit Type State only Federal only State & Federal

Freshwater

Forested

Herbaceous

General Wetlands

Form No. 2

* List one bank per table; use multiple sheets if necessary.

** List one Basin per table; use multiple sheets if necessary.

*** For banks utilizing credit units other than UMAM, include the credit unit name in addition to the cost per unit; attach documentation from the appropriate regulatory agencies describing how credits are derived.

For Ratio credits, attach documentation from the appropriate regulatory agencies demonstrating ratio credits satisfy project mitigation needs. The Department reserves the right to coordinate with regulatory agencies to determine whether ratio credits are appropriate to meet project mitigation needs.

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 ledgers have been made and approved by the appropriate regulatory agencies. Payment will be rendered upon formal adjustments to the ledgers. 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 payments to the Vendor in response to this competitive solicitation WILL be subject to the MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition # 7d. The Transaction Fee 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.

Vendor: FEID #:

Address: City, State, Zip:

Phone: Email:

Mitigation Credit Type State only Federal only State & Federal

Estuarine

Estuarine/Marine Intertidal Forested

Estuarine/Marine Intertidal Herbaceous

Estuarine

Form No. 2 Continued

Authorized Agent Signature: Date:

Printed/Typed Name: Title:

Mitigation Bank/Land Owner Signature: Date:

Printed/Typed Name: Title:

Form No. 2 Continued

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:

DOT-ITB-27-5001-SFMC

Form No. 3

Florida Statutes:

287.135

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

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:

Date:

DOT-ITB-27-5001-SFMC Form No. 4

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

E-VERIFY

375-031-06

PROCUREMENT

OGC – 11/25

Contract No:

Financial Project No(s):

Project Description:

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:

Date:

Form No. 5

Various

Purchase of State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

PUR 1355 (10/23) Page 1 of 1 Rule 60A-1.020, F.A.C.

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual’s Personal Identifying Information.

Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

___________________________ is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

Form No. 6 https://www.flrules.org/gateway/RuleNo.asp?title=GENERAL%20REGULATIONS&ID=60A-1.020

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

1) INVITATION

2) TIMELINE

The purpose of this Invitation to Bid is to obtain competitive bids for the purchase of State and Federal Wetland Mitigation Bank Credits to offset wetland impacts by the Department of Transportation, hereafter referred to as the "Department.” The term of this agreement will begin on the date of award and be effective for 24 months. Due to the limited nature of mitigation credits, the Department intends to award to multiple bidders.

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.

Unless otherwise stated below, all Public Meetings will be held at the FDOT District Office located at 719 S Woodland Boulevard, DeLand, Fl. 32720-6834.

ACTION / LOCATION DATE LOCAL TIME

ADVERTISEMENT DATE

DEADLINE FOR ALL QUESTIONS July 20, 2026 10:00 AM

QUESTIONS AND ANSWERS POSTED 2:00 PM

BIDS DUE (ON OR BEFORE) 9:00 AM

PUBLIC OPENING OF BIDS RECEIVED 10:00 AM

SELECTION COMMITTEE MEETING August 3, 2026

POSTING OF INTENDED DECISION/AWARD August 3, 2026 By 2:00 PM (Award must post for 72-hours)

3) PUBLIC MEETING AGENDAS

June 30, 2026

July 28, 2026

July 22, 2026

July 28, 2026

8:30 AM

Public Bid Opening:

The 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, 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.

Selection Committee Meeting:

Opening remarks - Approx. 2 minutes by Department Procurement Office personnel.

Public input period – To allow a reasonable amount of time for public input related to the ITB Solicitation Summarize - Price Proposals Announce - Anticipated Award decision(s) Adjourn meeting

4) SPECIAL ACCOMMODATIONS

Any person with a qualified disability requiring special accommodations at a pre-bid conference, public meeting, and/or opening shall contact D5.ProcurementQuestions@dot.state.fl.us 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).

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 17). 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

ALL QUESTIONS should be submitted to:

D5.ProcurementQuestions@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

Not applicable because federal funds will be used for this 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

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

Statute. The Department may, at its discretion, award to all responsive vendors or reject all.

technicality in bids received. 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

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 mitigation credits to be accepted by the Department, the mitigation credits must be as detailed in the Technical Specifications. Documentation demonstrating credit availability shall include a copy of the current valid state and/or federal mitigation banking instrument (state and/or federal permit), and ledger.

mailto:D5.ProcurementQuestions@dot.state.fl.us

11) REVIEW OF BIDDER'S MITIGATION SITE & DOCUMENTS

After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on-site inspection of the mitigation site where credits are available for purchase as well as review of the bidder's documents certifying the 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 mitigation credits to meet Department mitigation request as specified in the Technical Specifications.

Should the Department determine that the bid package has material misrepresentations or that the bidder's mitigation 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.

3. 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.

https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists

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.

18) REQUIRED DOCUMENTS

The bidder must use the attached Bid Price Proposal to submit its bid. The Bid Price Proposal must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid price proposals and other documentation submitted in response to this solicitation must be executed and submitted in accordance with Section 21: Electronic Submission of Bids.

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-27-5001-SFMC - 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-27-5001-SFMC

b) Email shall contain one file attachment marked as the following: DOT-ITB-27-5001-SFMC –

Vendor Name

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) Bids shall be submitted to: D5.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). Bids which for any reason are not so delivered, will not be considered.

Upon receipt of bidder’s submittal to D5.Purch@dot.state.fl.us, an automatic email reply will be sent. If you submit a bid, but do not receive the automatic reply, please reach out to Ron Critchley at 386-943- 5513.

22) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL

Bidders may modify submitted bids 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.

Upon receipt and acceptance of such a request, the entire bid will not be 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.

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.

mailto:D5.Purch@dot.state.fl.us mailto:D5.Purch@dot.state.fl.us

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 28.1, 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 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.

Registration Form, Form No. 1 Bid Price Proposal Form, Form No. 2 Drug-Free Workplace Program Certification, Form No. 3 Vendor Certification Regarding Scrutinized Companies Lists, Form No. 4 E-Verify Form, Form No. 5 Foreign Country of Concern Attestation (PUR 1355), Form No. 6

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 Exhibit "A" Technical Specifications Bid Price Proposal 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 Paragraph5(l), PRIDE – PUR 1000, when federal funds are utilized.

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.

Technical Specifications

Bid #: DOT-ITB-27-5001-SFMC

Bid Title: Purchase of State and Federal Mitigation Credits to Offset Wetland Impacts in District Five

Withlacoochee (Watershed 15)

SFWMD

Reedy Creek

Shingle Creek

Boggy Creek Lake Hart Lake Tohopekaliga Lake Gentry

SJRWMD

Pellicer Creek & Matanzas River (Basin 9) Florida Ridge (Basin 10) Northern Ocklawaha River (Basin 11) Southern Ocklawaha River (Basin 12) St. Johns River Wekiva to Welaka (Basin 14) Wekiva River Nested (Basin 15) Crescent Lake (Basin 16) Halifax River (Basin 17) St. Johns River Canaveral Marshes to Wekiva (Basin 18) Econlockhatchee River (Basin 19) Southern St. Johns River (Basin 20) Northern Indian River (Basin 21) Central Indian River Lagoon (Basin 22) Lake Jesup (Basin 23)

SWFWMD

The Florida Department of Transportation (Department) is requesting bids for the purchase of permitted and released wetland mitigation bank credits for the below identified water management drainage basins 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), the Florida Department of Environmental Protection (FDEP), and the United States Army Corp of Engineers (USACE). Bids are subject to the technical specifications outlined herein. The vendor shall provide state and/or federal freshwater 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 price. The Department does not guarantee any specific quantity of mitigation credits to be purchased. The Department will accept responsive bids for the following Water Management District Basins and/or Federal HUC’s:

Exhibit "A"

Lake Hatchineha Lake Kissimmee North Kissimmee

Federal HUC’S

03080101 Upper St. Johns 03080102 Ocklawaha 03080103 Lower St. Johns 03080201 Daytona St. Augustine 03080202 Cape Canaveral 03100208 Withlacoochee 03090101 Kissimmee

The Vendor must meet the minimum criteria listed below:

1. If bidding on the state credits, the Vendor must possess a valid state mitigation banking permit

(state permit). The mitigation credits must be acceptable to the applicable WMD and the Florida

Department of Environmental Protection (FDEP) to offset wetland impacts associated with planned projects, as appropriate. The Vendor shall provide the Department a copy of its state permit and a copy of its current state ledger with their Bid Price Proposal submission so the number of credits that are available can be verified.

a. The mitigation bank must be located within the identified WMD basin. Alternatively, a

Vendor can provide written verification from the WMD that its bank is acceptable to offset wetland impacts associated with a planned project.

OR

b. 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 FDEP, confirming that its mitigation bank is acceptable to offset wetland impacts associated with a planned project. Proximity factor as described in Florida Statute (F.S.) 373.4136 may be used to determine adequate compensatory mitigation, as appropriate.

2. If bidding on the federal credits, the Vendor must possess a valid federal mitigation banking instrument (federal permit) with a federal service area which encompasses the planned project’s wetland impacts. The federal wetland mitigation bank credits must be acceptable to the United

States Army Corps of Engineers (USACE), as well as all federal review/commenting agencies as appropriate. The Vendor shall provide a copy of its federal permit and a copy of its current federal credit ledger to the Department at the time of submittal of its bid. Prior to purchase, the Vendor shall provide a copy of its current federal credit ledger so the number of credits that are available can be verified.

a. The mitigation bank must have a federal service area which encompasses the planned project’s wetland impacts. Alternatively, a Vendor can provide written verification from the USACE that its credits are acceptable to offset wetland impacts for a planned project.

The Department will consider the USACE’s Standard Operating Procedure-Assessing a

Proximity Factor for Compensatory Mitigation Required to Offset Unavoidable Impacts to Waters of the United States when evaluating bids. This procedure is included for reference as Attachment 1.

b. The federal credits shall include all species credits tied to each wetland credit.

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

4. The mitigation bank must have the type of mitigation 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.

5. If the Vendor’s mitigation bank credits were assessed using an assessment methodology other than as advertised in this ITB, the Vendor must provide documentation from the appropriate permitting agency stating the credits can satisfy the Department’s mitigation need. 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 determine whether these mitigation bank credits are appropriate to meet its mitigation needs.

The Department has identified 9 projects that may require wetland mitigation. Mitigation Basin information and estimated wetland impacts are included as available from preliminary project planning.

Mitigation needs may arise in addition to those listed below.

1. SR 60 from W Peavine Rd to W of Fl Turnpike (456132-1) – 1 acre (Southern St. Johns)

2. SR 524 from Friday Road to Industry Road (437983-1) – 5.3 acres herbaceous; 2.06 acres forested

(St. Johns River [Canaveral Marshes to Wekiva] and Southern St. Johns River)

3. SR 60 from Prairie Lake Road to Florida's Turnpike (452574-1) – 29 acres freshwater forested and herbaceous (Kissimmee River Basin and Upper St. Johns River Basin)

4. Orange County Truck Parking (446445-3) – 8.38 acres (Shingle Creek)

5. Osceola County Truck Parking (446445-5) – 12.15 acres (Reedy Creek)

6. US 17/92 from Ivy Mist Lane to Avenue A (437200-2) – 65.48 acres (Reedy Creek)

7. SR 60 from E of Kissimmee River Bridge to Blanket Bay Slough (454213-1) – 1 acre (Lake Kissimmee and North Kissimmee)

8. SR 200 from Citrus CL to CR 484 (238651-1) – 8.05 acres (Withlacoochee River)

9. SR 400 (I-4) E of CR 522 (Osceola Pkwy) to West of SR 528 (242484-8) – 100.81 acres (Reedy Creek and Shingle Creek)

The Bidder shall bid using the included Bid Price Proposal form. No bids will be accepted from bidders who do not directly own or control the credits. If the bidder is an authorized or contracted agent for, but not the owner of the mitigation bank/land, then both the agent and the bank owner will need to sign the Bid Price Proposal on the lines provided. The prospective Bidder is not required to be able to provide all of the credits anticipated to be needed. A Vendor that is able to provide both state and federal credits may elect to provide a bid price for each of the following mitigation categories: “State only”, “Federal only” and “Federal & State”.

The Department’s intent is to purchase mitigation credits by purchase order from the lowest bidder or lowest combination of bidders to meet the needs of each project. The Department will purchase mitigation credits from the bidder(s) that provide the lowest cost for the overall mitigation needs for a project. If a low bidder cannot meet the entire mitigation need for a project, the Department may purchase the remainder from higher bidders to fulfill the total project need. If a Vendor elects to bid on all three mitigation categories, the Department will use the bid price associated with the project needs that will produce the lowest purchase price. For each subsequent purchase, the Department reserves the right to purchase available credits from the lowest bidder and proceed in order of price proposals to determine the best value for the state.

To the extent the credits purchased by the Department exceed the number of actual credits needed for a given project, the Department reserves the right to use any excess credits on future projects. The Department reserves the right to allocate the purchased credits on any Department project. The Department may, at its sole discretion, purchase additional Wetland Mitigation Bank Credits from the contracts resulting from this Invitation to Bid for any qualifying Department projects within the nine county District Five area on an as-needed basis.

The Vendor will aid the Department by properly updating its ledger(s) and assist as necessary to update regulatory ledger(s) to reflect actual credits used and document the remaining credits available for use by the Department. Additionally, once the Department has reserved credits, the Vendor shall make the Department aware of any regulatory matters that arise that could affect the availability of those credits as soon as the Vendor becomes aware.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

POST OFFICE BOX 4970

JACKSONVILLE, FLORIDA 32232-0019

March 30, 2023

CESAJ-RD

Standard Operating Procedure – Assessing a Proximity Factor for Compensatory Mitigation Required to Offset Unavoidable Impacts to Waters of the United States

INTRODUCTION AND OVERVIEW: A proximity factor will be assessed for any compensatory mitigation proposed outside of approved mitigation bank and in-lieu fee (ILF) Program/Site service areas or outside the impact 8-digit Hydrologic Unit Code (HUC) for permittee responsible mitigation (PRM). The proximity factor is based on ratio multipliers for multiple variables. The resulting proximity factor is then multiplied by the number of credits required by the Corps to compensate for unavoidable adverse effects to aquatic resources (e.g., via application of an approved functional assessment such as the Uniform Mitigation Assessment Method).

The standards and criteria for the use of all types of compensatory mitigation, including on-site and off-site PRM, mitigation banks, and ILF mitigation to offset unavoidable impacts to waters of the United States authorized through issuance of Department of the Army (DA) permits pursuant to Section 404 of the Clean Water Act and/or Sections 9 or 10 of the Rivers and Harbors Act of 1899 are established in the Code of Federal Regulations (CFR) at 33 CFR Part 332. The regulations were published in the Federal Register under the title of Compensatory Mitigation for Losses of Aquatic Resources: Final Rule, 75 Fed. Reg. 19594 (Apr. 10, 2008), herein referred to as the Rule.

The Rule identifies general compensatory mitigation requirements at 33 CFR 332.3.

Per 33 CFR 332.3(a)(1), the Corps must determine the compensatory mitigation to be required in a DA permit, based on what is practicable and capable of compensating for the aquatic resource functions that will be lost as a result of the permitted activity. When considering options for successfully providing the required compensatory mitigation, the district engineer must consider the type and location options in the order presented in 33 CFR 332.3(b)(2) through (b)(6). This section is commonly referred to as the mitigation preference hierarchy.

When evaluating compensatory mitigation options, the district engineer will consider what would be environmentally preferable. In making this determination, the district engineer must assess the likelihood for ecological success and sustainability, the location of the compensation site relative to the impact site and their significance within the watershed, and the costs of the compensatory mitigation project (33 CFR 332.3(a)(1)). If the district engineer determines that compensatory mitigation is necessary to offset unavoidable impacts to aquatic resources, the amount of required compensatory mitigation must be, to the extent practicable, sufficient to replace lost aquatic resource functions (33 CFR 332.3(f)(1)). Per 33 CFR

Attachment 1

-2-

332.3(f)(2), the district engineer must require a mitigation ratio greater than one-to-one where necessary to account for the method of compensatory mitigation (e.g., preservation), the likelihood of success, differences between the functions lost at the impact site and the functions expected to be produced by the compensatory mitigation project, temporal losses of aquatic resource functions, the difficulty of restoring or establishing the desired aquatic resource type and functions, and/or the distance between the affected aquatic resource and the compensation site. This tool is intended to provide a more consistent, predictable, and efficient approach to complying with the requirements at 33 CFR 332.3(a)(1) and (f)(2).

PROXIMITY FACTOR APPLICABILITY: The Corps Jacksonville District recognizes that the ability -of a compensatory mitigation project to effectively compensate for the lost functions and values in a watershed is diminished as the locations of the compensatory mitigation project site and impact site become further removed. The relative importance of the suite of functions provided by the impacted aquatic resources and those at the compensatory mitigation project site, and regional variations, must also be evaluated. 33 C.F.R. 332.3(c)(2)(i). To incorporate said factors into our decision-making process, the Jacksonville District has developed a proximity factor tool to provide a more consistent, predictable, and efficient approach to evaluating the location of proposed compensatory mitigation sites. This proximity factor tool is applicable to compensatory mitigation proposed outside approved mitigation bank and ILF Program/Site service areas or outside impact 8-digit HUC watersheds for PRM.

This tool is consistent with the Rule’s requirement for application of equivalent standards to all types of compensatory mitigation, including PRM, to the maximum extent practicable. 33 C.F.R. 332.1(a)(1). This tool, when used in accordance with the Rule, may provide expanded compensatory mitigation options and markets for permittees and sponsors while also incentivizing compensatory mitigation to occur closer to the impacted aquatic resources (e.g., within the same watershed).

A description of the geographic service area is a required component of…