Invitation to Bid

Posting Date: August 26, 2022

Georgia Department of Transportation

Invitation to Bid

For

Stream Credits

ITB-484-MIT091522-A

P.I. No: 0015557

Franklin/Madison Counties

Bids Due: September 15, 2022

2:00PM EST

One Georgia Center

600 West Peachtree Street, N.W.

Atlanta, Georgia 30308

V 2022_08_25 Page 2 of 9

INVITATION TO BID

Georgia Department of Transportation

Stream Credits

INTRODUCTION

A. Overview

The Georgia Department of Transportation (GDOT) intends to purchase from or contract with a successful bidder for the purchase of mitigation credits required for GDOT construction projects. GDOT is requesting bids for services as described and specified herein. Bidders are cautioned to completely familiarize themselves with the conditions of this solicitation.

B. IMPORTANT****RESTRICTION OF COMMUNICATION****: From the issue date of this solicitation until a successful bidder is selected and the selection is announced, Bidders are not allowed to communicate for any reason with any GDOT staff, including the Commissioner and Transportation Board Members, about this solicitation except through the Contracting Officer or other persons named herein, or during any bidder’s conferences (if applicable), or as provided by existing work agreement(s). For violation of this provision, GDOT shall reserve the right to reject the bid of the offending bidder.

C. SCOPE OF WORK: GDOT requires mitigation credits in order to satisfy wetland or stream mitigation according to the 2004 United States Army Corps of Engineers (USACE) SOP for mitigation. Required credits are as indicated on the attached BID FORM. GDOT desires to purchase said credits from a USACE permitted commercial mitigation bank having a primary service area containing the Hydrologic Unit Code (HUC) indicated in the attached

BID FORM. The Bidder shall commence actual procurement of credits and complete all procurement activities within

15 Calendar Days from the date of issuance of a written purchase order from GDOT.

DELIVERABLES: The deliverable of this transaction will include the purchase of the requested credits and all required documentation, including recording with USACE, to demonstrate transfer of credit ownership to GDOT.

D. BIDS: GDOT shall receive bids for this purchase. Bids shall be submitted by an authorized mitigation bank representative. Said representative shall complete and return the attached BID FORM, BID FORM

CERTIFICATIONS and the GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

AFFIDAVIT. The BID FORM shall be completely filled in as directed by the instructions on the BID FORM. The

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT shall be completely filled

in. In the event all or part of the BID FORM and the GEORGIA SECURITY AND IMMIGRATION

COMPLIANCE ACT AFFIDAVIT is not completed as indicated, GDOT reserves the right to reject the bid as non-responsive. The BID FORM CERTIFICATIONS and the GEORGIA SECURITY AND IMMIGRATION

COMPLIANCE ACT AFFIDAVIT shall be signed, dated, and notarized as indicated. The bid price shall include all administrative fees required for the completion of the transfer of credits and for the submittal of appropriate documentation to GDOT and USACE indicating completion of credit purchases and transfer of credits to GDOT. The bid price shall reflect a firm, fixed price for the entire scope of work herein.

BID SUBMITTAL INSTRUCTIONS: There is one (1) electronic bid submittal required. Bid submittal must include all completed and signed documents in their entirety and all completed and signed addenda (if applicable). The completed and signed bid documents must be legible. Bid submittal must be submitted in a PDF document attached to an e-mail.

The bid submittal email subject line must follow the naming convention for electronic records as follows:

Bidding firm’s full legal name

Solicitation number (ITB number)

Bids are to be e-mailed to the GDOT Contracting Officer, R. Steve Farrar, at rfarrar@dot.ga.gov

No bid submittals will be accepted after the time and date set for receipt.

mailto:%20rfarrar@dot.ga.gov

V 2022_08_25 Page 3 of 9

All expenses for preparing and submitting responses are the sole cost of the bidder submitting the response. GDOT is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of GDOT.

Labeling information provided in submittals “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

GDOT reserves the right, in its sole discretion, to waive any technicalities associated with this submittal if deemed in the best interest of the State.

A public bid opening will not be held by GDOT. A bid tabulation will be posted to the Georgia Procurement Registry once bid evaluations have been completed.

Please note that GDOT is a Tax-Exempt Authority of the State of Georgia.

D. RIGHT TO REJECT: GDOT reserves the right to reject any and all bids. GDOT reserves the right to waive technicalities and informalities and to disregard typographical, mathematical, and/or obvious errors. GDOT will not pay any costs incurred by any bidder in the preparation or submission of a bid.

BID SUBSTITUTIONS: No substitutions or alternates will be accepted for this bid. Any bidder submitting substitutions or alternates will be considered non-responsive and will not be considered for award.

E. AWARD: Award shall be made to the Bidder(s) deemed by GDOT to be the lowest responsive and responsible bidder(s) based on the requirements in the terms of this bid notice. The award will be subject to final approval by USACE. In the event USACE does not approve the lowest bidder for award, GDOT reserves the right to award to the next lowest responsive and responsible bidder that is acceptable to USACE. GDOT reserves the right to make single or multiple awards as determined to be most advantageous to GDOT and the State. In the event that the lowest bidder on any single item does not have sufficient credits to satisfy the advertised quantity, the Department will award to the lowest bidder the full amount offered. The remaining amount of unfulfilled credits will be awarded to the next low bidder(s) in the same fashion until the full amount of credits advertised is fulfilled. GDOT may require additional information from bidders to determine the level of responsibility of the firm. Once a Notice of Intent to

Award (NOIA) has been made to a potential awardee, written notice of acceptance must be received within 72 hours.

If a written acceptance is not received within 72 hours GDOT reserves the right to award to the next lowest responsive and responsible bidder.

GDOT plans to issue purchase orders for this bid within a short time frame. However, with submission of a bid, the

Bidder agrees that their bid may not be withdrawn for a period of ninety (90) days after the deadline for receipt of bids. GDOT reserves the right to reject any and all bids. GDOT reserves the right to waive technicalities and informalities and to disregard typographical, mathematical, and/or obvious errors. GDOT will not pay any costs incurred by any bidder in the preparation or submission of a bid.

GDOT reserves the right to transfer said surplus credits to future GDOT projects when project changes result in surplus mitigation credits. Any administrative costs associated with the transfer will be invoiced to Georgia Department of

Transportation at the time of transfer.

The selected low bidder(s) will be contacted directly.

F. METHOD OF COMMUNICATION: All general communication of relevant information regarding this solicitation will be made via the Georgia Procurement Registry (GPR) under ITB-484-MIT091522-A. All firms are responsible for checking the GPR on a regular basis for updates, clarifications, bid tabulation, and announcements.

GDOT reserves the right to communicate via electronic-mail with the primary contact listed in the bid response document. Other specific communications will be made as indicated in this solicitation.

All questions concerning this solicitation must be submitted in writing via e-mail to the Issuing Officer, R. Steve

Farrar at rfarrar@dot.ga.gov no later than September 19, 2022 at 2:00 PM. No response to other than written requests will be binding upon GDOT. Questions and answers will be posted to the Georgia Procurement Registry.

G. EQUAL OPPORTUNITY STATEMENT: The Georgia Department of Transportation in accordance with

Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d--42 and Title 49, Code of Federal

Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in mailto:rfarrar@dot.ga.gov

V 2022_08_25 Page 4 of 9 federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all proposers that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

For more information on the GDOT DBE Program please contact:

Equal Opportunity Division

One Georgia Center, Floor 7

600 West Peachtree NW

Atlanta, Georgia 30308

Phone: (404) 631-1972

NON-DISCRIMINATION: GDOT shall require, prior to, or incidental to, the award of a contract or purchase order, confirmation by the Bidder stating that the Bidder has not discriminated and will not discriminate on the basis of race, creed, color, sex, religion or national origin in any of its employment practices with respect to the work force of the business, or procurement services in connection with this project. The successful Bidder may be required to execute certificates, affirming these requirements of non-discrimination.

H. DRUG FREE WORKPLACE: GDOT, as policy, operates all facilities as a drug-free workplace, and requires that the labor force of the Bidder be drug-free.

If the Bidder is an individual, he or she hereby certifies that he or she will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of any contract resulting from this Invitation to Bid.

If the Bidder is an entity other than an individual, it hereby certifies that:

1. A drug-free workplace will be provided for the Bidder’s employees during the performance of any contract resulting from this Invitation to Bid; and

2. It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As a part of the subcontracting agreement with (contractor's name, subcontractor's name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3."

The Bidder hereby acknowledges this requirement and asserts that the organization of the Bidder adheres to such policy and practice. The Bidder acknowledges that it may be required to produce certificates affirming its compliance of these requirements of drug-free workplace for duration of agreement term, at execution, or at any time during the term of the agreement.

The Bidder may be suspended, terminated, or debarred if it is determined that:

1. The Bidder has made false certification hereinabove; or

2. The Bidder has violated such certification by failure to carry out the requirements of Official Code of

Georgia Section 50-24-3.

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BID FORM CERTIFICATIONS

(MUST BE COMPLETED AND RETURNED WITH BID)

Date: .

I. The “Bidder” submits the following statement of bidder qualifications for consideration by GDOT.

STATEMENT OF BIDDER’S QUALIFICATIONS

(to be subscribed and sworn to before a notary public)

Legal Name of Bidder(Firm): .

Street Address: .

Phone Number: _______________________________Fax number: ______________________________________

II. The foregoing statement of qualifications is submitted under oath.

Under oath I certify that I am a principal or other representative of the firm of .

and that I am authorized by it to execute the foregoing offer on its behalf. I am a principal person of the foregoing with management responsibilities for the foregoing subject matter and as such I am personally knowledgeable of all of its pertinent matters. The foregoing statements of facts in the foregoing proposal are true.

Having carefully examined the Invitation to Bid, and with submission of a bid, I am in full agreement with the terms, conditions, specifications and requirements therein. With submission of a bid, I certify:

(a) that this bid/proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid/proposal for the same materials, labor, supplies, or equipment and is in all respects fair and without collusion or fraud;

(b) that this bid is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation;

(c) that I have not directly or indirectly included or solicited any other Bidder to put in a false or insincere bid;

(d) that I have not solicited or induced any person, firm, or corporation to refrain from sending a bid.

I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid/proposal. The signatures and titles of persons interested in the foregoing bid/proposal as principals are as follows:

Sworn to and subscribed before me this

Day of , 20 .

Notary Public

Commission Expiration date: __________________________

V 2022_08_25 Page 6 of 9

(CONTINUED)

III. Having carefully examined the Scope of Work concerning the purchase of Stream Credits, we propose to furnish all items called for by above Scope for the entire purchase in accordance with the aforesaid documents for the sums as indicated above.

IV. We agree to commence actual procurement of credits and to complete ALL procurement activities as indicated in SECTION A SCOPE OF WORK within 15 Calendar Days from the date of issuance of a written purchase order from GDOT.

V. We agree that this bid may not be revoked or withdrawn after the time set for deadline for receipt of bids but shall remain open for acceptance for a period of ninety (90) days following such time. We also agree that if we are not the lowest bidder on any single item, and the lowest bidder does not have sufficient credits to satisfy the advertised quantity; that we will accept the Department’s offer of the remaining partial amount of credits up to the maximum amount of credits offered. We agree that our failure to accept any remaining partial award may deem our bid non-responsive and the Department reserves the right to award to subsequent low bidders.

VI. It is the policy of the State of Georgia that small businesses, female-owned businesses and minority businesses have a fair and equal opportunity to participate in the State purchasing process. Therefore, the GDOT encourages all disadvantaged businesses, small businesses, female-owned businesses and minority-owned businesses to compete for, win, and receive contracts for goods, services, and construction. This desire on the part of GDOT is not intended to restrict or limit competitive bidding or to increase the cost of the work. GDOT supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. This request is made for statistical purposes only. Please indicate below which, if any, of the definitions apply to your company:

MINORITY BUSINESS ENTERPRISE (MBE) - The business is either:

a). Owned by a member of a minority race*, or b). A partnership of which a majority of interest is owned by one or more members of a minority race, or c). A public corporation of which majority of the common stock is owned by one or more members of a minority race.

*A member of a minority race is defined as an individual who is a member of a race that comprises less than fifty (50) percent of the total population of the State of Georgia. This includes, but is not limited to, persons who are African American, Asian-Pacific American, Native American, or Asian American.

Check which apply (a) . (b) . (c) . (d) none .

Additionally, Female-owned business information is requested for recording purposes.

Female-Owned____.

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(CONTINUED)

VII. The foregoing statement is submitted under oath.

I, __________________________, being duly sworn, state that I am ______________________ (title) of

___________________________________ (firm) and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto.

Initial each box below indicating certification. The person initialing must be the same person who signs the

Certification Form. (If unable to initial any box for any reason, place an “X” in the applicable box and attach a statement explaining the non-certification. The Department will review and make a determination as to whether or not the firm shall be considered further or disqualified).

I further certify that the submitting firm either (check the applicable box ):

(i) is not a scrutinized company within the meaning set forth in O.C.G.A. Section 50-5-84(a)(9); or

(ii) has obtained permission from DOAS to submit the attached proposal under pursuant to

O.C.G.A. Section 50-5-84(b)(2). (Attach a copy of the written DOAS permission to the

Certification form.

I further certify that the submitting firm, nor any of its wholly owned or majority-owned subsidiaries, parent companies, or affiliates, is owned or operated by the Government of China [is a scrutinized company as defined in O.C.G.A. 50-5-84.1] .

I further certify that the submitting firm, nor any of its wholly owned or majority-owned subsidiaries, parent companies, or affiliates, is owned or operated by the Government of Russia or the Government of

Belarus [is a scrutinized company as defined in O.C.G.A. 50-5-84.1] .

I acknowledge, agree, authorize, and certify that the submitting firm acknowledges, agrees and authorizes, that

GDOT may, by means that either deems appropriate, determine the accuracy and truth of the information provided on behalf of the submitting firm and that the GDOT may contact any individual or entity named in the Statement of

Qualifications for the purpose of verifying the information supplied herein.

I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the GDOT to award a contract.

A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial or rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18

U.S.C. §§1001 or 1341.

I, the undersigned, certify that all organizational authorizations by, or on behalf of, the firm have been received both for me to sign on their collective behalf and for them to be bound hereby.

Sworn and subscribed before me

This _____ day of ________, 20____. Signature

NOTARY PUBLIC

My Commission Expires: _________________ NOTARY SEAL

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BID FORM

ITB-484-MIT091522-A

INSTRUCTIONS:

Bidders shall completely fill in all information in shaded areas. For each item being bid on, ALL information shall be filled in. *If there is no fee for subsequent transfers, bidder must put $0 in the space provided. In the event a Bidder desires to propose credits for more than one mitigation bank, the

Bidder must complete a separate Bid Form for each mitigation bank they propose from.

Bank Name:

Contact Name:

Phone #:

e-mail:

Required Credits Credits Offered

ITEM PI No. County Permit COE # HUC Wetland/

Stream

No.

Credits

Number of

Credits

Unit Price

(per full

Credit)

BID PRICE

1 0015557 Franklin/Madison

Counties, NWP SAS-

2020-

00165

03060104 Stream 2160

V 2022_08_25 Page 9 of 9

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

ITB No. and Bidder Name: ITB-484-MIT091522-A________________________

Bidder Representative: _____________________________________________

STATE OF GEORGIA

CONSULTANT AFFIDAVIT

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A.

§13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the

Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A. 13-10-91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and, it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service.

EEV / E-VerifyTM User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date

(Contractor Name)

Title of Authorized Officer or Agent of Consultant

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires: ___________________

*or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the

Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603