FWC 22.23-12 - ITB - Final.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-12

CATTLE GRAZING ON HALF MOON WILDLIFE MANAGEMENT AREA

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for utilizing cattle grazing, at reduced stocking levels, to manage plant community composition and structure, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in this ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this ITB in any way, does not contain all the properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price Sheet may be considered nonresponsive at the discretion of the Procurement Manager.

Responsible Companies: The Commission shall only consider responsible companies. Responsible companies are those that have, in the sole judgment of the Commission, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The Commission may also consider references and quality to determine the responsibility of the bid. The Commission reserves the right to use any information, whether supplied through the Bidder’s submission or otherwise obtained, in determining responsibility.

Rejection of Bids: The Commission reserves the right to reject any and all bids and to waive any minor irregularity in the submissions received in response to this ITB. The Commission reserves the right to consider all information, whether submitted or otherwise, to determine responsiveness and responsibility and to reject bids accordingly.

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: ___________________

The undersigned attest to the following:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the specifications in their entirety. We have examined the site in reference to the specifications contained within this ITB and have familiarized ourselves with the entire site and have examined carefully the extent of the work that is needed.”

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 2 of 47

CALENDAR OF EVENTS

FWC 22/23-12

SCHEDULE DUE DATE METHOD

Bid Advertised August 23, 2022 Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu

MANDATORY Pre-Bid

Conference

August 31, 2022

@ 1:00 PM ET

See Pre-Bid Conference Clause

Deadline for Questions

Must be received

PRIOR to:

September 6, 2022

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions

September 12, 2022 Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu

SEALED BIDS DUE

(REMEMBER: The bid number should be clearly marked on envelope)

Must be received

PRIOR to:

September 23, 2022

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission

Attn: Purchasing 1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening September 23, 2022

@ 2:00 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended Award

September 30, 2022 Posted on the Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/mainmenu http://vbs.dms.state.fl.us/vbs/main_menu

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 3 of 47

GENERAL CONDITIONS

FWC 22/23-12

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of the Sample Contract, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 4 of 47

PROCUREMENT MANAGER

Ruth Heggen ruth.heggen@myfwc.com

TERM

The contract will be effective for five (5) years from Contract execution.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract

Manager will review the extension request and if they determine it is justified, will forward to the Bid

Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

RENEWAL

The Commission has the option to renew this Contract for one five-year period after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections 287.057(1)(a)2., and

287.057(1)(a)3., Florida Statutes (F.S.), each Bidder shall supply a price for each year that a contract may be renewed. Evaluation of bids shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Bidder.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor if it desires to exercise this renewal option will provide written notice to the

Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

SUBCONTRACTS

Subcontracting IS NOT permitted pursuant to the Terms and Conditions of the Contract.

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the

Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

MANDATORY PRE-BID CONFERENCE/SITE VISIT MEETING

A mandatory pre-bid conference/sites visit will be held at Half Moon Wildlife Management Area on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference/site visit is to discuss the contents of this ITB and to accept verbal questions from Bidders concerning the project. Vendors must attend this pre-bid conference site meeting as a requirement of bid responsiveness. Failure to attend the entire conference meeting, from the time it is called to order to the time it is adjourned, shall disqualify mailto:bidrequest@myfwc.com?subject=Extension%20Request https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 5 of 47 a potential respondent. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference/site visit, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference/site visit shall not be binding on the Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Location: 8864 CR 247, Lake Panasoffkee, Florida 33538

Directions: Half Moon WMA can be reached from Interstate I-75 at the Wildwood/ Inverness exit SR 44 and head west for seven and a half miles then take CR 247 north for another mile and a half. The road dead ends into the WMA, the office/ meeting location is another mile straight ahead.

Coming from Inverness take CR 44 east for seven and a half miles then head north on CR 247 for about another mile and a half. The road dead ends into the WMA, the office/ meeting location is another mile straight ahead.

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

DEADLINE FOR QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Bid System

(http://vbs.dms.state.fl.us/vbs/main_menu).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders 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 Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes 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 Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION INQUIRIES

If the specifications of this Invitation to Bid (ITB) could restrict potential Bidder competition, the Bidder has 72 hours within which to request to the Commission that the specification(s) be changed. The

Procurement Manager must receive the written request within 72 hours after the posting date of the ITB.

Requested changes to the Commission’s specifications shall include the Bidder’s concerns regarding restricting competition, provide detailed justification, and provide recommended changes to the specification(s). A Bidder’s failure to request changes by the prescribed date and time shall be considered to constitute the Bidder’s acceptance of the Commission’s specifications.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 6 of 47

The Commission shall determine what change(s) to the ITB is acceptable to the Commission. If accepted, the Commission shall issue an addendum reflecting the change(s) to the ITB, which shall be posted to the

Vendor Bid Advertisement System (http://vbs.dms.state.fl.us/vbs/main_menu).

It is up to the bidder to ensure that everything is included as required by the Commission’s Purchasing Office. It is not the Commission’s responsibility to mail or fax any forms to a potential Contractor. B id packet information may also be requested from the Commission’s Purchasing Section by calling (850) 488-

6551. Please have bid number and Bidder information available when requesting any information.

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

Vendor Bid System internet site. Each Bidder is responsible for monitoring the Vendor Bid System website (http://vbs.dms.state.fl.us/vbs/main_menu) for new or changing information relative to this procurement.

The Commission bears no responsibility for any delays, or resulting impacts, associated with a Bidder’s failure to obtain the information made available through the Vendor Bid System.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

Current contact names and phone numbers shall be included with the bid package. See the attached

References Form (Attachment B) for more detail.

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which 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 received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment C) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 7 of 47

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty (30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester. The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

All bids shall be submitted in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission Attn: Purchasing

1875 Orange Avenue E

Tallahassee, Florida 32311-6160.

The envelope shall be plainly marked on the outside with: BID NUMBER, DATE AND TIME OF THE BID

OPENING.

THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED.

PLEASE NOTE : The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS

RELATED TO SELECTED DELIVERY SERVICES .

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 8 of 47

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the highest bid price.

If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the highest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next highest bidder.

POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency Decisions on the Department of Management Services Vendor Bid System as a Public Notice. The Agency

Decision may be viewed at http://vbs.dms.state.fl.us/vbs/main_menu, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any

Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a formal contract amendment.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:

• review, verify, and approve receipt of services/deliverables from the Contractor;

• submit requests for change orders/amendments/renewals, if applicable;

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the

Certificate of Contract Completion form; and

• maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 9 of 47

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required Performance Bond and

Insurance documentation have been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (Attachment D) from the Contract Manager.

PERFORMANCE BOND

A Performance Bond shall be required from the Contractor by the Commission for this project. Prior to commencing any work, and within ten (10) days after issuance of a Contract, the Contractor shall furnish a Performance Bond to the attention of the FWC Contract Manager. The performance bond total value will be based on the total income derived based upon 12-month period which is calculated by using the animal units allowed on the WMA times the cost of an animal unit (rate bid), plus the estimated value of fence maintenance each year ($10,000.00), plus the estimated cost of disking fire lines each year (total length of

16 miles X 2 @$60.00 per mile). The performance bond number calculated will be rounded up to nearest $5000 increment. Example: If the total number comes to $17,595.00 then the annual bond requirement will be set at $20,000. The bond must state on its front page: the name, principal business address, and phone number of the Contractor, the Surety, the Commission’s full name, the Contract number assigned to the project by the Commission, and a description of the property being improved with a general description of the project. Please note: A Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the Commission, licensed to do business in the State of Florida and signed by a Florida Licensed Resident Agent. The Contractor is to ensure the Surety Company includes in the performance bond language pertaining to payment in case the

Contractor does not perform the fence maintenance, holding pens maintenance or in case of a default violation according to contract. Such a bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the bonds on behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the Contractor.

In lieu of a Performance Bond, The Commission may prior approve an alternate form of security in the form of a Cashier’s check, Official bank check or Money order in the amount of the bond. The alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the

Performance Bond.

Work shall not begin before the Commission receives the Performance Bond and Power of Attorney. Failure to provide a Performance Bond and Power of Attorney may be grounds to find the Contractor in default, which could include: cancellation of the contract, and/or the Contractor’s removal from the State’s approved

Contractor list for future solicitations.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Contract executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the

Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 10 of 47 to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this ITB contract, such agencies shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

The bidder is required to examine carefully the conditions and specifications of this bid and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

http://www.sunbiz.org/ http://dos.myflorida.com/

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 11 of 47

SCOPE OF WORK

FWC 22/23-12

CATTLE GRAZING ON HALF MOON WILDLIFE MANAGEMENT AREA

GENERAL DESCRIPTION & BACKGROUND

Half Moon Wildlife Management Area (WMA) is 9,450 acres of flatwoods, marshes, swamps, hammocks, and pastures in Sumter County. It lies along the Withlacoochee River in northwestern Sumter County. Half Moon’s cow/calf operation is divided into two parcels: the 3,210-acre north pasture and the 1,080 south pasture. In 2011, University of Florida’s Regional Livestock Agent recommended 135 cows and 7 or 8 bulls for a total of 145 Animal Units (AUs). The current stocking rate is half of that recommendation since in

July 2022, the Natural Resources Conservation Service (NRCS) agreed that 72 AUs was an appropriate stocking rate for Half Moon WMA.

OBJECTIVES AND DEFINITIONS

The objectives of this grazing lease are to improve or maintain an optimum level of native forages and assist in the reduction of biomass. Grazing and prescribed burning will help maintain the old pastures in an earlier stage of succession and more open state. This will benefit wildlife and future ground cover restoration efforts.

Brood cows will presumably make up most of the herd. Bulls and heifers may be included in the herd as needed as long as the overall suggested stocking rate is not exceeded. The following AU values will be used to estimate heifer and bull numbers. The suggested bull:cow ratio is 1:20.

• Cow with Calf = 1.0 AU (1,000 lbs)

• Bull (Mature) = 1.35 AU (1,200-1,500 lbs)

• Heifer (2 Yr.) = .80 AU (600-1,000 lbs)

• Heifer (4 Yr.) = 1.0 AU (1,000 lbs)

RECOMMENDED STOCKING RATES:

Per an assessment completed by University of Florida’s Regional Livestock Agent staff in 2011, the stocking rate for the new contract will be set at 72 AUs.

LIVESTOCK FORAGE INVENTORY AND MAP

Forage will vary due to climatic conditions and management of the grazing system. The forage inventory should be evaluated weekly to ensure proper stocking rate according to the goals listed for the site and to meet the forage requirements of the livestock. Grazing will be deferred if forage supplies and quality are inadequate to meet livestock demand.

RECOMMENDED GRAZING HEIGHTS AND STOCKING RATES

Grazing animals can rapidly and substantially alter the productivity and amount of forage in each pasture.

Overgrazing adversely affects forage growth, water and soil conservation, and may induce more use of wetland areas in some seasons. Since improving existing forages is not a goal for this project, a unique balance may be obtained to ensure a desirable stand of forage and limit grazing on the wetland areas included in the same grazing unit.

Grazing heights for native forage plants are dependent upon the species and the time of year the plant is grazed. For native grasses, remove no more than 50% (by weight) of the plant in any grazing event. This

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 12 of 47 will provide proper use of the forage while maintaining sufficient plant material to provide wildlife habitat, protect soil, and maintain the health of the plant community.

A cross-fence bisects the grazing area to allow for rotational grazing. The Contractor must utilize rotational grazing following best management practices.

ADJUSTMENTS TO THE GRAZING SYSTEM

Adjustments to grazing may be necessary during and after restoration and other management activities, such as planting, prescribed burning or pest management. The adjustments will provide a suitable period for the vegetation to recover from the management activity or as dictated by pesticide label restrictions. A deferment from grazing means the complete removal of all domestic animals for the duration of the deferment.

If herbicides are used to control common weeds and invasive species, grazing will be adjusted to meet the requirements, if any, listed on the herbicide label. Cattle will not be allowed to re-enter the area for the duration shown on the herbicide label. Temporary fences may be used to protect areas during deferment periods.

OPERATION AND MAINTENANCE

The location of mineral and supplement feeders will be moved to evenly distribute grazing animals throughout the pasture. These locations must be approved by the Area Biologist. Supplemental feeding of hay is not allowed.

CONTINGENCY MANAGEMENT PLAN

a. When the forage is not adequate, the grazing system will be adjusted. When prolonged periods of adverse climatic condition effect the supply of forage, the grazing system and/or stocking rates will be adjusted.

b. A Forage Assessment and Maximum Stocking Rate estimate will be performed by either a local NRCS extension office or a professional rangeland consultant prior to contract renewal at 5 years, any rebidding process or may be required by the Area Biologist if there is an appearance of conditions indicating overgrazing.

c. The Contractor must submit and FWC must approve an annual plan for the movement and scheduled rotation of mineral vats and other supplemental feeds.

d. Stocking rates are subject to change based on the results of the forage and stocking rate assessments on an as needed basis.

e. The Contractor is required to comply with all Florida Cow/Calf Best Management Practices.

FENCE MAINTENANCE AND HOLDING PENS

The awarded Bidder (Contractor) shall maintain all grazing lands, exterior and interior fences, cattle guards and holding pens in good and operable condition. The Contractor shall perform necessary fence replacement and repair in accordance with specifications for fence construction detailed in Specifications for Fence Construction, (attached as Exhibit I to Sample Contract). All fences, gates and cattle guards must be maintained in a manner to prevent egress of cattle to areas outside the contracted property. Contractor shall maintain all holding pens in good condition and vegetation free. Replacement and\or repair of all posts, cattle guards, gates, holding pens, material and labor shall be at the sole and exclusive expense of the Contractor, except as stated under “COMMISSION RESPONSIBILITIES”. The Contractor shall promptly remove storm debris from fencing and make the appropriate repairs. The Contractor shall relinquish all fences, including posts, gates, cattle guards, and holding pens in good working condition, to

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 13 of 47 the Commission upon termination of this Contract. Furthermore, the Contractor shall be required to use only the Commission’s furnished key or combination locks for said gates.

PAYMENTS

The annual contract payment shall be the bid price multiplied by the total animal units allowed (72) on an annual basis. Payments shall be made to FWC on a semiannual (six (6) month increment) basis.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 14 of 47

Figure 1. HALF MOON WMA Map

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PRICE SHEET

FWC 22/23-12

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE HIGHEST TOTAL PRICE.

PURSUANT TO SECTIONS 287.057(1)(a)1. AND 287.057(1)(a)2., F.S., EACH CONTRACTOR SHALL

SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE RENEWED (SEE RENEWAL

CLAUSE).

ITEM

Total

AUs

Allowed

TOTAL

A.

Price Per Year/Animal Grazing Unit

For Initial Contract Term

(Execution – 5 years from Execution)

X

B.

Price Per Year/Animal Grazing Unit

For Possible Contract Renewal Term

(Years 6, 7, 8, 9 and 10 of Contract)

X

TOTAL BID PRICE (A Total + B Total)

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH

THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY

AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT OF FREEDOM OF COMPETITION.

Contractor: _______________________________

Address: __________________________________

Signed: ___________________________________

Print Name: ______________________________

Title: ____________________________________

City/State/Zip: ____________________________

Phone: ___________________________________

Fax: _____________________________________

ATTACHMENT A

FWC 22/23-12

SAMPLE CONTRACT

CATTLE GRAZING ON HALF MOON WILDLIFE MANAGEMENT AREA (WMA)

This CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE

CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereinafter “COMMISSION” and ______________ of _______________, hereinafter called the

“CONTRACTOR”. If the CONTRACTOR is a corporation, its Florida corporate status must be current and an individual must sign as the guarantor.

NOW THEREFORE, the COMMISSION and the CONTRACTOR, for the consideration hereafter set forth, agree as follows:

1. PROJECT DESCRIPTION. The CONTRACTOR shall be provided access to Half Moon Wildlife Management Area (WMA), to perform cattle grazing activities on the property as specified herein and shall perform those specific responsibilities and obligations, as set forth in solicitation number FWC 22/23-12 which includes the COMMISSION’S Prescribed Grazing Plan (Scope of Work). The term “Scope of Work” when used in this Contract shall include solicitation number FWC 22/23-12 and Exhibits I, II and III of this Contract.

The COMMISSION and the CONTRACTOR intend to partner together to provide cattle grazing services in accordance with solicitation number FWC 22/23-12, this Contract, and the awarded vendor’s response. Solicitation number FWC 22/23-12 and the awarded vendor’s response are hereby attached and incorporated into this Contract. In case of any conflict, the order of precedence and prevailing terms shall be in this order; solicitation number FWC 22/23-12, this Contract, and the awarded vendor’s response.

2. PERFORMANCE. The CONTRACTOR shall perform cattle grazing as described in the Scope of Work in a proper and satisfactory manner. Any and all equipment, products or materials necessary or appropriate to perform under this Contract shall be supplied by the CONTRACTOR. The

CONTRACTOR shall be licensed as necessary to perform under this Contract as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. The CONTRACTOR shall procure all supplies; pay all charges, fees, taxes and incidentals that may be required for the completion of this Contract. By acceptance of this Contract, the

CONTRACTOR warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible vendor. The CONTRACTOR shall comply with Chapter 287, F.S., and all other applicable laws, rules and ordinances.

Contractor – Quarterly Minority and Service-Disabled Veteran Business Enterprise Report.

Contractor shall provide a quarterly Minority and Service-Disabled Veteran Business Enterprise

Report to the Commission’s Contract Manager, summarizing the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers for the current quarter and project to date. The report shall include the names, addresses and dollar amount of each certified and non-certified Minority Business Enterprise and Service-Disabled Veteran Enterprise participant and a copy must be forwarded to the Commission’s Contract Manager. The Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified minorities. The

Commission’s Minority Coordinator at (850) 488-3427 will assist with questions and answers.

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 17 of 47

Contractor Responsibilities. Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Commission. The Commission may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Contractor. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission’s security or other requirements. Such refusal shall not relieve

Contractor of its obligation to perform all work in compliance with the Contract. The Commission may reject and bar from any facility for cause any of Contractor’s employees, subcontractors, or agents.

3. DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of this Contract:

a. Performance of all services set forth in this Contract and the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

4. PROPERTY. The property on which these activities described in this Contract will occur is shown in Exhibit III of this Contract. This is a Contract for the provision of cattle grazing by the

CONTRACTOR, and shall not be construed to be a lease of real property.

5. TERM. This Contract shall begin upon execution by both parties and end five (5) years from that date, inclusive unless terminated earlier in accordance with its term.

6. RENEWAL. The Commission has the option to renew this Contract for a period of five (5) years after the initial Contract period upon the same terms and conditions contained herein. Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum on the

Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor if it desires to exercise this renewal option will provide written notice to the Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Contract Administrator.

7. AMENDMENT OR MODIFICATION.

7.1. Waiver or Modification. No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by both parties.

7.2. Change Orders. The Commission may, at any time, by written order, make a change to this Contract. Such changes are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Contractor’s cost or time shall require an Amendment. Minor changes, such as those updating a party’s contact information, may be accomplished by a Modification.

7.3. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Contract if federal and/or state revisions of any applicable laws or regulations make changes in the Contract necessary.

8. CONTRACTOR’S RESPONSIBILITIES. In addition to the general provisions of this Contract the

CONTRACTOR shall have the following specific responsibilities:

8.1. CONTRACTUAL PAYMENT SCHEDULE. The CONTRACTOR shall submit the first semi-annual payment and the $ XXXXXX.00 Performance Bond within ten (10) consecutive calendar days after the execution of the Contract. The COMMISSION shall invoice the

Ch. 287 Invitation to Bid – Revised 4.18.2022 FWC 22/23-12, Page 18 of 47

CONTRACTOR for subsequent semiannual payments. All invoice payments shall be submitted to the Florida Fish and Wildlife Conservation COMMISSION, Finance & Budget

Office, Post Office Box 6150, Tallahassee, FL 32314-6150. The contract and revenue (R) number should be included in the note field on all payments.

8.2. The CONTRACTOR shall provide a Performance Bond each renewal period on or before the expiration date of the previous bond issued. The Performance Bond shall be submitted to the COMMISSION’s Contract Manager. The bond must state on its front page: the name, principal business address, and phone number of the CONTRACTOR, the Surety, the COMMISSION’s full name, the purchase order or contract number assigned to the project by the COMMISSION, and a description of the property and a general description of the project.

Please note: A Notice to Proceed will not be issued until after the required bond has been received.

The Bond shall be issued from a reliable Surety Company acceptable to the COMMISSION, licensed to do business in the State of Florida and signed by a Florida Licensed Resident

Agent. CONTRACTOR is to ensure the Surety Company includes in the performance bond language pertaining to payment in case the CONTRACTOR does not perform the yearly fire line disking requirement, fence maintenance, holding pens maintenance or in case of a default violation according to contract. Such a bond shall be accompanied by a duly authenticated power of attorney evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bond. The cost of the Performance Bond shall be borne by the CONTRACTOR.

In lieu of a Performance Bond, the COMMISSION may prior approve an alternate form of security in the form of an irrevocable letter of credit. The alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the

Performance Bond.

The performance bond total value will be based on the total income derived based upon 12-month period which is calculated by using the animal units allowed on the WMA times the cost of an animal unit (rate bid), plus the estimated value of fence maintenance each year ($10,000.00), plus the estimated cost of disking fire lines each year (total length of 16 miles X

2 @$60.00 per mile). The performance bond number calculated will be rounded up to nearest $5000 increment. Example: If the total number comes to $17,595.00 then the annual bond requirement will be set at $20,000.

Work shall not begin before the COMMISSION receives the Performance Bond and Power of

Attorney. Failure to provide a Performance Bond and Power of Attorney may be grounds to find the CONTRACTOR in default, which could include; cancellation of the Contract, and/or the CONTRACTOR’s removal from the State’s approved vendor list for future solicitations.

Failure of the CONTRACTOR to provide the initial Performance Bond within ten (10) consecutive calendar days after execution of the Contract or provide a new bond annually within thirty (30) consecutive calendar days of the COMMISSIONS semi-annual invoice date during the term of this Contract may be…