ITB #55 Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 55

Title: 2023/2024 Longleaf Planting at Blackwater River State Forest

Brittany Harvey, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 23 24 55

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for tree planting services. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Purchase Order are conducted pursuant and subject to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors (Bidders or Contractor) interested in submitting a bid must comply with all terms and conditions described in this solicitation.

The Department intends to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline of Events

The following timeline will be strictly adhered to in all actions relative to this Invitation to Bid (ITB) unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline.

EVENT DATE/TIME (ET) LOCATION

Release of ITB October 18, 2023 Vendor Information Portal

Site Visit (Recommended)

October 18-25, 2023 Refer to Appendix I- Maps

Last day for written Inquiries to be received by the Department

October 25, 2023

Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

October 27, 2023 Vendor Information Portal

Sealed Bids Due

November 2, 2023

5:00 PM

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

Public Meeting for Opening of Bids

November 3, 2023

10:30 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award

November 6, 2023 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with Rule 60A-1.021, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response does not substantially comply with the ITB requirements, provides an advantage to one respondent over other respondents, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a Bid.

1.6 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

This invitation is for furnishing all labor, materials, equipment, tools, transportation, supplies, and supervision required to plant containerized longleaf pine seedlings on the approximate acreage as listed herein. See Appendix I- Maps for specific locations. No materials, labor or equipment will be furnished by the Department unless specifically identified. The contractor must use equipment acceptable to the Florida Forest Service (as specified herein). THE CONTRACTOR MUST

UTILIZE CONTAINER DIBBLE BARS. THE CONTRACTOR MAY UTILIZE A DIFFERENT TYPE

OF DIBBLE OR HOEDAD IF CONDITIONS PREVENT A CONTAINER DIBBLE FROM BEING

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

UTILIZED EFFECTIVELY.

Planting services will begin on January 1, 2024 and must be completed by February 15 2024.

Failure to meet the requirements of the contract may prevent the Contractor from bidding on future contracts for a period of up to three (3) years.

A Florida Forest Service representative must be on site during all active planting operations. No planting shall take place without such representation.

Blackwater River State Forest is Certified under the Sustainable Forestry Initiative’s 2022 Forest Management Standard. Certification number is NSF-SFI-FM-C0245755

DESCRIPTION AND LOCATION:

The areas to be planted will be scheduled and identified by the Florida Forest Service with the Contractor. The tracts to be covered by this quote are within the boundaries of Blackwater River State Forest, in Santa Rosa County, Florida. The site boundaries will be identified by woods roads, firebreaks, stand edges or other methods as discussed with the Contractor. This will be reviewed with the successful Contractor prior to planting.

The treatment areas are sites that are being converted from an offsite pine plantation to longleaf pine. All areas have been treated with herbicide and/or burned within the last 6 months. The planting areas are at 4 different locations across the State Forest (See Appendix I: Maps)

PLANTING SPECIFICATIONS:

The contractor will plant containerized longleaf pine seedlings. The container depth of the seedlings is approximately 5 inches. The following specifications are for seedling planting on the sites:

Stands 1, 2, and 3 (571 acres) Trees are to be planted on a 6’ by 10’ spacing and will be planted at 726 trees per acre.

Stand 4 (74 acres) Trees are to be planted on a 10’ by 12’ spacing and will be planted at 363 trees per acre.

All containerized longleaf pine seedlings shall be planted in a vertical (upright) position so that the top of the plug is level, or slightly above, but not below the surface of the soil. Planting tools must be able to provide sufficient width and depth of the planting opening to accommodate plug. All containerized seedlings planted with the seedling bud below the soil surface or less than one-half (½) inch above the soil surface will be considered planted incorrectly. All containerized seedlings planted with the top of the plug more than one-half (½) inch above the soil surface will be considered planted incorrectly. The seedlings are to fit snugly into the opening created by the planting tool. Soil must be firmly packed around each planted seedling. If the equipment being used is not adequate, it should be replaced.

All seedlings provided by the Florida Forest Service are to be planted. At least ninety percent (90%) of the prescribed number of seedlings must be planted satisfactorily in accordance to the specifications.

The entire 645 acres must be planted in the manner described herein. If additional acreage is added to the project, it shall be planted in the same manner.

CARE, HANDLING, AND STORAGE OF SEEDLINGS

The Contractor must protect the seedlings and take precautions to prevent damage to them from the time received until they are planted. This shall include, but is not limited to:

Protection from Sun, Wind, and Adverse Temperatures – Pine seedlings must be handled, stored, and transported in a manner to best protect them from sun and wind damage at all times.

Protection from excessive heat must also be maintained. Seedlings must be kept in a seedling cooler or always covered with a seedling tarp. If shade is available at the planting site, trees must be kept in the shade and covered with the seedling tarp. Damaged bundles of seedlings must be repaired or patched immediately to prevent exposure.

Keep Pine Seedling Roots Moist – PINE SEEDLING ROOTS MUST BE KEPT MOIST AT ALL TIMES PRIOR TO AND DURING PLANTING OPERATIONS. Trees are not to be placed or dipped in water but may be covered with wet burlap or another suitable material to prevent seedling drying.

Protection from Contamination – Pine seedlings shall be protected from contamination by material such as gasoline, diesel fuel, oils or chemicals, which may damage the seedlings. The Forester-in-Charge will inspect the seedlings prior to planting and if found to be contaminated, the seedlings will be destroyed and not planted.

Storage of Seedlings – FFS personnel shall be responsible for delivering the seedlings from the nursery to a centralized location near the planting site. Seedlings will be stored in a refrigerated trailer, if available, at or near the planting site. Seedlings will be considered delivered to the Contractor upon delivery to the planting area. Unloading seedlings from the trailer and delivering the seedlings to each individual planting site will be the responsibility of the Contractor. Unplanted seedlings must be re- boxed and returned to the refrigerated trailer at the end of each day.

Availability of Seedlings – The FFS will make every reasonable effort to make the seedlings available when needed by the Contractor, but availability at all times cannot be guaranteed.

Pruning and Culling of Seedlings – Tree Seedling roots shall not be pruned or cut by the Contractor. If in the Contractor’s judgment any seedlings appear to be unacceptable for planting because of long roots or damage, they will be returned to the Forester-in-Charge for inspection.

Seedlings to be returned to the Forester-in-Charge will be kept moist and in good condition. No seedlings will be left on the ground unplanted.

WEATHER CONDITIONS:

Drought: Planting will not be allowed if there is not sufficient moisture in the ground.

Determination of proper soil moisture will be the decision of the Florida Forest Service.

Freezing: Planting will not be allowed when the ambient air temperature is below 32 Fahrenheit or when the surface soil is frozen.

Wind: Planting will not be allowed when wind speed reaches or exceeds 20 m.p.h. The contract manager reserves the right to shut down operations at any windspeed if it is determined that the wind is drawing out moisture from the seedlings.

The Forester-in-Charge may prohibit planting during extremely hot, cold, or dry weather conditions. This contract may be cancelled if dry weather conditions persist through the specified contract period.

EQUIPMENT AND PERSONNEL REQUIREMENTS

The Contractor must furnish sufficient personnel and equipment to plant an average of at least 40 acres per day and complete the project in the time allowed. A competent foreman shall be designated in writing by the Contractor and will remain at the work site.

The Contractor must utilize container dibble bars. The Contractor may utilize a different type of dibble or hoedad if conditions prevent a container dibble from being utilized effectively. The Forester-in-Charge will determine the planting site conditions upon arrival at the planting site and will specify which planting tool to use.

Planting operations cannot stop for a period longer than 48 consecutive hours without approval of the Forester-in-Charge. Personnel problems must be resolved to ensure delays are minimized.

The Florida Forest Service, Forester-in-Charge, or his/her representative has the authority to stop work if the project is not being completed as specified. Work will not continue until the deficiency(s) are corrected.

RESOURCE PROTECTION:

The Contractor shall perform the work in a safe and careful manner and will furnish and use such safety devices, methods and measures as are required to protect Contractor, Contractor’s employees and personnel performing the work, FFS personnel, and the general public against bodily injury and/or damage to property.

Protection of native communities: Due to the highly aggressive nature of invasive exotics, the contractor must take care not to further spread any invasive exotic plant on any State Forest. No soil disturbing activity may take place in areas infested by invasive exotics. The Forester-in- Charge will identify all infested areas that must be avoided in the project pre-work meeting. All soil-disturbing equipment must be cleaned prior to removal from the site.

Protection of Streams, Lakes, and Reservoirs - Contractor shall use every precaution necessary to prevent pollution of streams, by fuel, oils, other chemicals, silt or other harmful materials. All streams will be kept free of Contractor-generated debris.

Protection of Archaeological/Historical Resources - The Contractor, upon the discovery of suspected archaeological or historical materials, shall immediately cease work in the vicinity of such material and immediately notify the Forester-In-Charge.

Erosion control - All equipment will be operated in a manner to cause the least disturbance to the soil and groundcover vegetation.

Best Management Practices: Contractor shall adhere to and implement all applicable best management practices for silvicultural operations as outlined in the current Silviculture Best Management Practices Manual.

2.2 Site Visitation

https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf

It is STRONGLY recommended that each bidder, before submitting a bid, inspect the site where the project is to be completed to satisfy themselves regarding all general and local conditions that may affect the preparation of their bid and cost of contractor’s performance. It is the bidders' responsibility to consider any and all site conditions or requirements for the project. A site visit is recommended but IS NOT mandatory.

2.3 Licensing

Contractor must have all appropriate certification and licensing pertaining to this job. All certifications, licenses and permits shall be valid through the contract period.

2.4 Past Performance/ References

The submission must contain names, addresses, phone numbers and email contacts of three (3) Contractors’ most recent completed projects similar in project size and scope as the work, completed within the last five (5) years (See Attachment A- Past References/ References).

References must be current or former clients of the responding firm. Confidential clients shall not be included. The Department will not accept subcontractor/proposed personnel or personal references of a member of the responding firm as a substitute for respondent references.

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the Bidder. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends and holidays.

It is the responsibility of the Contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory contractor work performance or workmanship will result in disqualification of the bid. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department will result in rejection of bid.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the FDACS Notice of Agency Decision is posted on the VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

Brittany Harvey, Procurement Officer Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intention to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(25), Florida Statutes.

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this procurement during the bidding period, information will be posted on the Vendor Information Portal as a written addenda. Any addenda issued in relation to this solicitation shall thereby become part of the final bid specifications and requirements.

Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation.

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system, unless exempted under subsection 60A-1.033(3) F.A.C. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal. Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this Procurement:

• 70111501 - Planting services or ornamental plant or bush or tree

• 70151904 - Silviculture

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (850) 413-5519, or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

Neither the Department, nor the state of Florida, is liable for any costs incurred by a bidder in response to this ITB.

3.8 Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

2) All bids must be submitted in a sealed envelope/package with the relevant ITB number clearly marked on the outside of the envelope/package.

3) It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

4) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY the designated date and time listed.

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being https://vendor.myfloridamarketplace.com/search/bids https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com received in the Purchasing Office.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder certifies that they comply with all terms and conditions contained herein. The Bid must contain the original signature of an authorized representative who can legally bind the Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include Attachment B, FDACS Acknowledgement Form with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return Attachment C, Price Sheet.

Bid prices must be firm and be inclusive of all services, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the contract.

If Price Sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS shall not be responsible for Vendor inventory or order commitment.

If a submitted Price Sheet includes inconsistencies, inaccuracies or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors, however, in the event of any miscalculation, unit prices shall prevail.

3.11 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.12 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

3.13 Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the bidder or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

3.14 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline.

Bid responses received late (after bid due date and time) will not be accepted, nor considered, and modification by the bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

3.15 Bid Evaluation

Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

The Department may request, and Bidder shall provide, clarifying information or documentation. Failure to supply the information or documentation as requested may result in the Bid being deemed non-responsive.

3.16 Basis of Award

An award shall be made to the responsive and responsible bidder with the lowest Total Project Cost, as specified in the Price Sheet for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In event the bidder with the lowest Total project Cost is found non-responsive, the Department may proceed to the next responsive bidder with the lowest Total Project Cost and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.17 Less Than Two Responsive Replies

In the event that FDACS receives less than two (2) Responsive Replies, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to Section 287.057(6) F.S.

3.18 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.19 Verbal Instruction Procedure/Discussions

The bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any state employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the state. Additionally, only written communications from a bidder are recognized as duly authorized expressions on behalf of the bidder. Any discussion by a bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said bidder’s response.

3.20 No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a bidder who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the bidder. Officers, agents or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.21 Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive, Attachment D, Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package. The list may be found at https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.asp

x. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

3.22 Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment E, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

When evaluating Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, the Department shall determine the order of award in accordance with Sections 287.057(12), 287.082, 287.087, 287.092 and 295.187(4), Florida Statutes.

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE

GIVEN PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide Attachment F, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

4. PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

Pursuant to Section 295.187(4), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise.

Proof of certification pursuant to Section 295.187(5), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

3.24 Disqualification of Bidders

More than one bid from an individual, firm, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder's offer will be deemed a material irregularity and will be grounds for rejection.

3.25 Rejection of bids

The Department reserves the right to reject any and all bids when such rejection is in the interest of the state of Florida and to reject the bid of a bidder who the Department determines is not in a position to perform the contract.

3.26 Protest Procedures

Pursuant to Section 120.57(3), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order or Contract Terms and Conditions

It is the intent of the FDACS to issue a purchase order for the desired product and/or services as specified in this ITB. The FDACS purchase order terms and conditions shall be incorporated into the final a purchase order and in the case of conflict between the department purchase order terms and conditions and any vendor generated terms and conditions, the FDACS purchase order terms and conditions shall prevail: FDACS-01341 Terms and Conditions.

4.2 Modification after Contract Execution

During the term of the contract, the Department may unilaterally require changes (altering, adding to or deducting from the Specifications) provided such changes are within the general scope of this solicitation.

The bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department’s contract manager or designee and a written contract amendment.

4.3 Renewal

At the sole discretion of the Department, the term agreement(s) awarded as a result of this ITB may be renewed for three (3), one-year renewals. Due to the variance of the planting season, the contract period of forthcoming renewal(s) may be modified as determined by the Department.

4.4 Liquidated Damages

If the work is not completed on the date fixed for completion in the awarded contract as a result of act(s) or omission(s) within the reasonable control of the respondent, the respondent shall pay to the Department, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion. Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

4.5 MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law.

Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit.

The Department will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

4.6 Public Entity Crimes

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair https://forms.fdacs.gov/01341.pdf of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two, for a period of 36 months from the date of being placed on the convicted vendor list.

4.7 Discrimination Statement

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

4.8 Antitrust Statement

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity.

4.9 Independent Capacity of Contractor

The contractor, its officers, agents and employees, in performance of this contract, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the state.

4.10 No Subcontracting

Contractor agrees that all services to be performed under any awarded contract shall be performed solely by the Contractor and may not be subcontracted for or assigned without the prior written consent of FDACS, which may be withheld by FDACS for any reason or granted subject to Contractor’s compliance with one or more of the following: (i) Contractor purchasing, at its sole expense, a payment bond in a form and amount that FDACS determines to be adequate to protect suppliers of labor and material; (ii) FDACS withholding, as retainage, 25% or the highest percent permitted by law, whichever is less, of all payments made to the Contractor until Contractor submits evidence satisfactory to FDACS that all subcontracts and outstanding indebtedness in connection with the services under any awarded contract have been paid for by the Contractor; and (iii) Contractor disclosing information satisfactory to FDACS regarding each subcontractor to perform services under any awarded contract, including a description of the subcontractor’s organization, ability to provide applicable services, cost to perform applicable services, previous work experience, and relationship to the Contractor. Contractor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, Florida Statutes.

4.11 Stop Work Clause

The Department's on-site representative shall have authority to stop work. In the event work is halted, it may not resume until the reason the work was stopped is corrected.

4.12 Insurance Requirements

The contractor shall not commence any work in connection with the project until he has obtained all of the following types of insurance, and the owner has approved such insurance. Nor shall the contractor allow any independent/subcontractor to commence work on his subcontract until all similar insurance required of the independent/subcontractor has been so obtained and approved.

All insurance policies shall be with insurers qualified to do business in Florida through an authorized licensed Florida Agent.

4.13 Certificate of Insurance

The contractor shall furnish proof of insurance coverage within ten (10) calendar days after notification of award and prior to starting the contract.

The contractor shall furnish a Certificate of Insurance for all insurance required by this contract and shall include the state of Florida, Florida Department of Agriculture and Consumer Services, as additional insured. This form(s) shall be completed and signed by the authorized Licensed Florida Agent and returned to the Florida Department of Agriculture and Consumer Services, Florida Forest Service, Blackwater Forestry Center, 11650 Munson Hwy, Milton , Florida 32570.

Certificate(s) shall be dated and show:

1. Name of the insured contractor, specific job by name, name of the insurer, number of the policy, its effective date and its termination date.

2. Statement that the insured will mail notice to the owner, at least thirty (30) calendar days, prior to any material changes in provisions or cancellation of the policy.

4.14 General Liability Insurance

The contractor shall take out and maintain during the life of the contract:

Minimum Limits of Liability $1,000,000 each occurrence $2,000,000 aggregate

Including Bodily Injury, Property Damage and products and completed operations.

4.15 Contractor’s Automobile Liability Insurance

The contractor shall take out and maintain during the life of this agreement Automobile Liability insurance for all claims that may arise from all operations performed under this agreement:

Minimum Limits of Liability $300,000 any automobile

4.16 Worker’s Compensation Insurance

During the contract term, the contractor, at its sole expense, shall provide commercial insurance such a type and with such terms and limits as may be reasonably associated with the contract, which, as a minimum, shall be workers’ compensation and employer’s liability insurance in accordance with Chapter 440, Florida Statutes, with minimum employers’ liability limits of $100,000 per accident, $100,000 per person and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work.

Employers who have employees who are engaged in Florida must use Florida rates, rules and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers’ compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers’ compensation insurance.

4.17 Insurance, Loss Deductible Clause

The state of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance.

4.18 Invoicing and Payment

The project cost will be paid for by the Friends of Florida State Forests (FFSF) and/or the Florida Forest Service. In the event of any cost over the FFSF’s project allotment, the remaining cost will be paid by the FFS. FFS representative will inform the contractor if the invoice exceeds the FFSF allotment. Contractors agrees to furnish separate invoices to the FFSF and the FFS, if the cost exceeds the FFSF’s project allotment.

Upon satisfactory completion of the project/ services and approval, the FFS Representative will work with the Contractor to ensure the invoice is accurate and submitted to the appropriate payee.

Payment will be made upon delivery and/or satisfactory completion. Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, to the contract manager.

Partial payments may be made upon satisfactory delivery of items and receipt of invoices.

Payment will be made based on the bid price for successful completion of services.