FWC 25.26-37 - Final Draft.pdf

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Lake Okeechobee - Sawgrass Planting
Solicitation number
ITB-15016
Issued by
Leon County, Florida

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Lake Okeechobee - Sawgrass Planting ITB Summary

This is an Invitation to Bid (ITB) issued by the Florida Fish and Wildlife Conservation Commission (FWC) for the procurement and installation of nursery-grown sawgrass plants (Cladium jamaicense) at Lake Okeechobee's Steamboat Marsh in Glades County, Florida. The FWC seeks to restore native emergent vegetation in response to documented sawgrass decline in the western and southwestern marshes. Bidders must supply equal quantities of 2-inch and 4-inch liner plants, with minimum heights of 15 inches and 24 inches respectively, all potted and grown for at least two months prior to installation. The bid price must encompass all costs including plants, containers, labor, equipment, transportation, fuel, maintenance, and safety devices. Questions regarding the solicitation must be submitted by February 9, 2026, at 5:00 PM ET, with sealed bids due February 20, 2026, at 2:30 PM ET. Public bid opening is scheduled for February 20, 2026, at 2:30 PM ET, with an anticipated award date of February 24, 2026. Preferred planting dates are between March and June 2026, contingent upon suitable water levels, and all work must be completed within fourteen calendar days of commencement. The contract term is one year from purchase order issuance, with possible extensions granted at the Contract Manager's discretion. Liquidated damages of $100 per calendar day apply for failure to meet completion deadlines unless delay results from circumstances beyond the contractor's control.

The total project budget is $58,050, with payment made upon completion and Contract Manager approval based on the actual number of plants successfully planted; prorated payment applies if between 95 and 100 percent of specified plants are provided, and failure to supply a minimum of 95 percent constitutes default. Bidders must submit separate pricing per plant for each liner size, and the contract will be awarded to the responsive, responsible bidder submitting the lowest total combined bid price for both liner sizes. The FWC received less than two responsive bids and subsequently withdrew this ITB, proceeding instead as an exceptional purchase under Florida Statutes Section 287.057(6), exempting the purchase from competitive procurement requirements. Bidders must possess a Certificate of Nursery Registration or Certificate of Stock Dealer Registration (DACS-08004), provide minimum three verifiable references for similar projects, maintain registration in MyFloridaMarketPlace and SunBiz systems, comply with E-Verify enrollment requirements, maintain workers' compensation insurance with minimum limits of $100,000 per accident and $500,000 aggregate, and carry general liability insurance. No specific set-asides or restrictions limiting responses to particular vendor categories are identified, indicating this is an open competitive procurement available to all qualified vendors meeting stated qualifications.

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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

Lake Okeechobee – Sawgrass Planting

FWC 25/26-37

INVITATION TO BID

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for supplying (nursery-grown) and installing sawgrass plants in the Lake Okeechobee Marsh (Glades County), Florida, 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 Vendors: The Commission shall only consider responsible vendors. Responsible vendors 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.

Sealed Bid: In response to an Invitation to Bid (ITB), a sealed bid is the final submission of a bid from a vendor prior to the bid deadline, after which no further submissions will be considered.

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.

Authorized Signature (Manual): ________________________________________________________________________________________

Authorized Signature Name (Typed) and Title: __________________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 3 of 64

CALENDAR OF EVENTS

FWC 25/26-37

SCHEDULE DUE DATE METHOD

Bid Advertised February 2, 2026 Posted on the Vendor Information Portal

(VIP)

Deadline for Questions

Must be received

PRIOR to:

February 9, 2026

@ 5:00 PM ET

See Solicitation Questions Clause

Anticipated date for Responses to Written Questions February 13, 2026 Posted on the Vendor Information Portal

SEALED BIDS DUE

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

Must be received

PRIOR to:

February 20, 2026

@ 2:30 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 February 20, 2026

@ 2:30 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 February 24, 2026 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 4 of 64

GENERAL CONDITIONS

FWC 25/26-37

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 2).

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Development, 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 Attachment A, Purchase Order Terms and Conditions, 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 3.12.2025 FWC 25/26-37, Page 5 of 64

PROCUREMENT MANAGER

Xavier Wilson xavier.wilson@myfwc.com

TERM

The contract will be effective one year upon issuance of Purchase Order.

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.

SUBCONTRACTS

Subcontracting IS permitted pursuant to the Terms and Conditions of the Purchase Order. The

Subcontractor Minority Status Report (Composite Exhibit I) shall be submitted with each invoice for payment. The List of Subcontractors (Composite Exhibit I) shall be included with bid submission.

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 Development 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 Development website for information on certified business enterprises that may be considered for subcontracting opportunities. However, pursuant to Section 287.05701 F.S., the Commission may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor, nor give preference to a vendor based on the vendor’s social, political, or ideological interests.

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.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 3). 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.

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 https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 6 of 64

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

(https://vendor.myfloridamarketplace.com).

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 CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. 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.

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 Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information

Portal website (https://vendor.myfloridamarketplace.com) 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 Information Portal.

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 2), 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 for more detail.

EQUAL BIDS

In the event that there is no multiple award contemplated in the ITB, and the Commission receives equal bids eligible for award, the Commission will comply with the following, as applicable: sections 287.057(12), 287.082, 287.087,287.092, 295.187(4)(a), and 295.187(4)(b), F.S. In order to clarify the Bidders’ status with regard to the applicable statutory preference requirements, the Commission may request information from

Bidders with equal bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarification. If the tie has not been broken by application of the aforementioned statutes, the

Commission will proceed with a random selection to decide the award.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 7 of 64

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.

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 Ave 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. DIGITAL SUBMISSIONS SHALL BE DEEMED NON-RESPONSIVE

AND SHALL NOT BE ACCEPTED.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 8 of 64

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 3). 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.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest bid price per plant. 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 lowest 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 lowest 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 Information Portal as a Public Notice. The

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, 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 change order.

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;

https://vendor.myfloridamarketplace.com/ 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 3.12.2025 FWC 25/26-37, Page 9 of 64

• 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:

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

LIQUIDATED DAMAGES

If the Contractor fails to complete the work or the conditions of the Purchase Order and/or Change Orders by the completion date, the Commission shall have the right to deduct liquidated damages from any amount due and payable to the Contractor. Liquidated damages shall be assessed in the amount of $100 per calendar day of delay. Exceptions to this provision may be made if a delay is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Contract Manager.

PERMITTING

Permitting for this project, if needed, is the responsibility of the Commission. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the

Commission.

Delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with delivery and shall assume full responsibility for all item(s) damaged prior to the F.O.B.

destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 10 of 64

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s), or the purchase price shall be refunded. The refund or the delivery of the replacement product(s) shall be made within thirty (30) days following the Contract Manager’s notification to the Contractor that the original product(s) was non-compliant. Costs of returning the original product(s) will be the sole responsibility of the Contractor.

MATERIAL AND EQUIPMENT ON COMMISSION PROPERTY

If the Commission allows the Contractor to have project materials or equipment delivered to and/or stored upon the Commission-managed or owned property before, during, or after the term of the project, the

Contractor will be fully and solely responsible for all expenses and liability incurred as a result of the delivery or storage. Should the Commission, in its sole discretion, determine that any project materials or equipment stored on its property must be moved in response to an emergency, the Contractor shall hold harmless, indemnify, defend, and may be responsible for costs of any reasonably necessary actions taken by the Commission.

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 Purchase Order 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 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.

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

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 11 of 64

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.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 12 of 64

SCOPE OF WORK

FWC 25/26-37

LAKE OKEECHOBEE – SAWGRASS PLANTING

PURPOSE

The purpose of this project is to plant native emergent plants within the Steamboat Marsh on Lake

Okeechobee (Figure 1) in the spring of 2026. Recent estimates of sawgrass have shown a decline in the western and southwestern marshes due to changes in hydrology and encroachment of invasives. The

Florida Fish & Wildlife Conservation Commission (FWC) seeks to procure plants and planting services.

Bidders shall provide their bid based on the cost of supplying and planting plants in accordance with the attached specifications. The bid for this Project will be awarded to the overall highest number of plants for both sizes combined.

1. REPORTS AND REQUIREMENTS

1.1. The Contractor shall provide 2” and 4” liners of sawgrass (Cladium jamaicense) as specified in

“Planting Procedures” (in Section 2.0 below). Equal number of plants of each liner size will be procured upon award.

1.2. The Contract Manager reserves the right to inspect any equipment and nurseries proposed for use by the Contractor before the work commences. Copies of the Certificate of Nursery Registration or

Certificate of Stock Dealer Registration (DACS-08004) shall be included in your bid submission.

Failure to include at least one of these certificates with your bid submission will cause your bid to be non-responsive.

1.3. Sawgrass shall arrive at the planting area in the appropriate size container(s). Sawgrass will be inspected by the Contract Manager upon delivery to the planting area. Those sawgrass plants not conforming to industry standards, or those that appear in poor condition (i.e., water stressed, few or no roots, limited stems, presence of exotic or prohibited species), as solely determined by the

Contract Manager, will be refused for planting and replacements will be required. Plants refused for planting shall be replaced with plants in accordance with specifications to meet or exceed the minimum of 95% (by number) of the plants required for the project (see Specification 2.2).

1.4. Pricing shall include all necessary items to perform work (sawgrass, containers, workers, equipment, maintenance of equipment, transport, fuel, etc.) and safety devices required by law.

1.5. The Contractor’s planting operation shall be coordinated and conducted under the direct daily supervision of designated Florida Fish and Wildlife Conservation Commission (FWC or Commission) personnel.

1.6. All work shall commence as specified in a purchase order upon receipt of a written notice to proceed

(NTP) from the Contract Manager. Upon receipt of the first NTP (Notice to Proceed for Preparation) and a purchase order, the Contractor shall initiate project preparation (procurement of supplies, potting and propagation of sawgrass per specifications, etc.), unless otherwise specified in writing by the Contract Manager. The Contract Manager will contact the Contractor to schedule the actual starting date. A second NTP (Notice to Proceed for Installation) will be issued to commence work by the date indicated on the notice to proceed, unless otherwise specified in writing by the Contract

Manager. Preferred planting dates are between March and June; however, the actual start date will

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 13 of 64 be determined by water levels suitable for planting success and may occur up to one year from the date of purchase order issuance.

1.7. All work shall be completed within fourteen (14) calendar days of the work commencement date, unless otherwise specified in writing by the Contract Manager or specified in the purchase order and written notice to proceed. Work may be performed on weekdays during daylight hours (sunrise to sunset). The Contract Manager shall make a final inspection with the Contractor upon project completion. Once work begins, work shall proceed until the project is completed without delay. The

Contract Manager may delay or cancel the planting if circumstances occur that may inhibit success.

If circumstances constituting Force Majeure occur, or if anything occurs beyond the Contractor’s control, the Contractor may request in writing an extension of the work commencement or completion date. The Contract Manager, upon review of the extension request, will determine and approve if an extension will be granted. Any extensions granted or rejected by the Contract Manager shall be provided in writing to the Contractor.

1.8. Equal numbers of each sawgrass liner size will be procured upon award. The Contractor shall provide a price-per-plant for each liner size. The award will go to the responsive, responsible bidder that submits the lowest “TOTAL BID PRICE” for both liner-sizes combined. The Contract Manager will determine the total number of sawgrass plants of each liner size to be ordered based on the awarded liner-size prices. EXAMPLE: if the awarded 2”-liner-size price is $1.00 and the awarded

4”-liner-size is $2.00, based on the total project budget of $58,050, the number of each liner-size ordered will be 19,350 (under this hypothetical example, the total number of both liner-sizes will be

38,700; the 2”-liners will cost $19,350; and the 4”-liners will cost $38,700). In the event additional funding becomes available, the awarded price-per-plant for either liner size may be used to procure additional plants above the awarded number and original allocated funding amount.

2. PLANTING PROCEDURES

2.1. Specifications for sawgrass (Cladium jamaicense) plant:

2.1.1. Each 2” liner cell (minimum 1.5-inch X 1.5-inch cell; 72-cell pack or equivalent) will be considered one plant and shall consist of three or more intact connected stems at least 15 inches in length with roots attached. All liners must have been potted and grown for at least two (2) months prior to installation.

2.1.2. Each 4” liner cell (minimum 3.5 inches X 3.5 inches container; 18-cell pack liner) will be considered one plant and shall consist of three or more intact connected stems at least 24 inches in length with roots attached. All liners must have been potted and grown for at least two (2) months prior to installation.

2.2. Once a Purchase Order and the Notice to Proceeds are issued, the Contractor shall supply a minimum 95% (by number) of the plants specified in accordance with the specifications or the

Contractor may be found in default for that project. Any additional costs accrued through such actions shall be the sole financial responsibility of the Contractor. If the percentage of plants provided is between 95% & 100% payment will be pro-rated to match the percentage of the plants provided.

2.3. The planting area is in the western marsh of Lake Okeechobee near Moore Haven, Florida. The planting sites are approximately 3 miles by trail southeast of the Florida Trail Fisheating Creek

Boat Ramp Trailhead (Figure 1).

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 14 of 64

2.3.1. The rim canal separates the boat ramp from the marsh. A shallow trail cuts through the marsh to the planting area from the rim canal. Ease of access to the planting area will depend on lake water levels. In early March, lake levels are usually high enough to access the trails and planting areas with airboats. Lake stages tend to decrease throughout the spring, so an earlier planting date will be preferable. If conditions are wetter than expected, a later planting date may be better. If conditions are drier than expected an airboat that can run dry will be needed or crews will have to walk or barge across an ATV from the mouth of the trail on the rim canal.

Transportation of supplied plants and crews to the planting area shall be provided by the

Contractor.

2.4. The planting project will be conducted on the lake bottom of Lake Okeechobee. The planting area is currently covered in herbicide-treated torpedograss and other species that have been burned

(Figure 2). Some remaining thatch and re-growth of vegetation will be present within the planting sites. The planting substrate is composed of organic sediments, composted vegetation detritus, and sand. Planting holes can be excavated with a shovel or divot.

2.5. The specific placement, spacing, and site pattern of the sawgrass will be determined by the Contract

Manager who will direct crew where to plant. Shapefiles of the planting area will be provided ahead of time.

2.6. All sawgrass shall be thoroughly irrigated by the Contractor no greater than 24 hours prior to arrival at the planting area. Sawgrass may not be stockpiled at the boat ramp overnight. Sawgrass may be stockpiled near the planting area but shall be irrigated by the Contractor at no greater than

48-hour intervals (water may be pumped from the canal adjacent to the planting area).

2.7. Sawgrass must be free of any spreading diseases or parasites. Sawgrass containers must be free of noxious plant material, specifically any plant species listed by FLEPPC as a Category I or II invasive, and exotic wildlife species (e.g., non-native Pomacea snails).

2.8. No items (e.g., equipment, trash, plant containers, etc.) are to be left at the planting site or boat ramp after the completion of the project.

2.9. Location reference coordinates:

Florida Trail Fisheating Creek Boat Ramp Lat: 26.92884 Long: -81.120740

Planting Area Lat: 26.917756 Long: -81.088971

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 15 of 64

3. SAFETY

3.1. The presence of any hazardous materials shall be brought to the attention of the Contract Manager immediately. Equipment refueling shall take place outside the wetland areas. All fuel must be in a portable spill containment device, such as a tub or tote. The Contractor shall be responsible for all costs of damages, clean up, and decontamination should a hazardous spill occur. The Contractor shall be responsible for the cleanup of ALL spills, including fuel, oils, lubricants, chemicals, and hazardous waste, regardless of the quantity/size. The decisions by the Commission are final.

3.2. No equipment shall be operated in a manner that significantly damages the natural resources in these areas. The Contractor shall be responsible for and repair/replace, to the satisfaction of the

Contract Manager, all Contractor-induced damage.

3.3. In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the

Contractor. The vendor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall be responsible for protecting and safeguarding employees and the public in connection with the work and job site.

The Commission shall not be responsible for safety on or off the job site.

4. AWARD AND PAYMENT CRITERIA

4.1. Bidders must submit their bid amount for every line as per the Price Sheet. The bid amount must include all costs necessary to complete the work as outlined herein.

4.2. Payment shall be made upon completion of work specified in the purchase order. Final payment will only be made if the quality of work is approved by the Contract Manager. The Contractor will be paid for the number of supplied plants meeting bid specification requirements that are successfully planted. The Contractor and Contract Manager shall agree in writing on the number of plants successfully supplied and planted each day in accordance with the “Contract Management

“Daily Report” Aquatic Revegetation” (Figure 3). The invoice shall be representative of the total number of plants successfully planted over all planting days of the project.

4.3. The invoice must submitted no later than seven (7) calendar days following project completion or

June 12, whichever is earlier. The Contract Manager shall make a final inspection with the

Contractor upon project completion. The Contract Manager shall determine work completeness before payment is authorized.

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 16 of 64

5. FIGURE 1

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 17 of 64

6. FIGURE 2

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 18 of 64

Lake Okeechobee Sawgrass Planting

Contract Management Daily Report

Aquatic Revegetation

Project Name (PO #):

Planting Date:

Planting Location(s):

Contractor/Company/Crew Leader:

Scheduled Contract Work for the day (including plant spacing requested):

Additional Comments (problems, successes, etc.):

Species

Plant Size

Specified for planting

# Plants

Specified for planting

# Plants

Successfully

Planted

FWC

Employee

Sawgrass 2”

Sawgrass 4”

According to the best of my knowledge and belief, I certify and agree that the number and species of plants listed in the table above accurately depicts the number and species of plants successfully supplied and planted or relocated and planted at the end of the project shown on the face of this report and that all work was performed and material supplied in full accordance with the terms and conditions of the Contract.

FWC Contract Manager (print) _____________________________ Date_________________

FWC Contract Manager (signature) _________________________

Contractor (print) __________________________________________ Date_________________

Contractor (signature) ______________________________________

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 19 of 64

PRICE SHEET

FWC 25/26-37

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Bid price shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of

Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

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

THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL BID PRICE.

EQUAL NUMBERS OF EACH LINER SIZE WILL BE ORDERED UPON AWARD.

Scientific Name Common Name Size Price per Plant ($US)

Cladium jamaicense Sawgrass

2” liner, nursery grown A. $________________

Cladium jamaicense Sawgrass

4” liner, nursery grown B. $________________

Total Bid Price (A + B = C) C. $________________

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: _________________________________

Telephone: _______________________________

Name (Sign): _____________________________

Title: ____________________________________

City/State/Zip: ____________________________

Email: ___________________________________

Name (Print): ____________________________

REFERENCES

A minimum of three (3) separate and verifiable references, from persons or firms for whom the bidder has performed similar jobs as per the bid specifications shall be supplied with the bid. The same client may not be listed for more than one (1) reference, and no more than one (1) of the submitted references shall be related to a past project where staff necessary for the current project were unaffiliated with the bidder and/or employed by a different company. If providing an unaffiliated reference, enter the information in

Reference 4 - Collective Experience. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. FWC staff will attempt to contact each selected reference by phone up to three (3) times. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

REFERENCE #1

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 21 of 64

REFERENCE #2

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 22 of 64

REFERENCE #3

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 23 of 64

REFERENCE #4 – COLLECTIVE EXPERIENCE

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person: ____________________________________ Telephone Number: _________________________

Collective Experience Employee

First Name: __________________________________ Last Name: ___________________________________

Previous Employer’s Name: _______________________________________________________________________

Previous Position Title: ___________________________________________________________________________

Project Dates for Work Performed (MM/YYYY): _________________________ to _________________________

Project Location: _________________________________________________________________________________

Brief description of the services performed for the project:

SAMPLE REFERENCE QUESTIONNAIRE

REFERENCE:

Reference Organization Name: ___________________________________________

Reference Contact: ______________________________________________________

Reference Phone Number: _______________________________________________

For Agency use ONLY, to be completed following the bid opening:

The following questions will be asked of the client reference, as chosen at the discretion of the Agency.

1. Did the vendor stay within the approved timeline/budget?

Excellent Above Satisfactory Satisfactory Fair Poor

Comments:

2. Did the vendor maintain clear communication?

3. How satisfied was your organization with the vendor's skill, knowledge, cooperativeness, and professional manner?

4. How satisfied was your organization with the timeliness of the vendor’s delivery of products or performance of services under the contract?

FWC Staff Signature: __________________________________

Date: ___________________

Ch. 287 Invitation to Bid – Revised 3.12.2025 FWC 25/26-37, Page 25 of 64

ATTACHMENT A

FWC 25/26-37

FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION

PURCHASE ORDER TERMS & CONDITIONS

Last Updated: April 29, 2025

Section 1. PURCHASE ORDER

A. Composition and Priority The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR

1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the

Purchase Order end date.

Section 2. PERFORMANCE

A. Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of

Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency If the Commission determines that the performance of the Contractor is unsatisfactory, the…

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