ITB DMS-2425-247 ITB Lawn Care Services.pdf

4050 Esplanade Way Tallahassee, FL 32399-0950

Ron DeSantis, Governor Pedro Allende, Secretary

THE STATE OF FLORIDA

DEPARTMENT OF MANAGEMENT SERVICES

INVITATION TO BID FOR

LAWN CARE SERVICES – MULTIPLE LOCATIONS

DMS-24/25-247

Refer ALL inquiries to:

Procurement Officer: Araceli Serna Departmental Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 260

Email: DMS.Purchasing@dms.fl.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, F.S.

Any protest concerning an agency decision or intended decision must be timely filed with the Department of Management Services’ Agency Clerk. Protests may be filed by courier, hand delivery, or regular mail at: Department of Management Services, Office of the General Counsel, Attention: Agency Clerk, 4050 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950. Protests may also be filed by fax at 850-922-6312, or by email at agencyclerk@dms.fl.gov. It is the filing party's responsibility to meet all filing deadlines.

NOTICE PURSUANT TO SUBSECTION 287.057(25), F.S.

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

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TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 Solicitation Objective

1.2 Term

1.3 Definitions

1.4 Timeline of Events

1.5 Special Accommodations

1.6 Procurement Officer

1.7 Order of Precedence for Solicitation

SECTION 2. SOLICITATION PROCESS

2.1 Questions and Answers

2.2 Mandatory Site Visit

2.3 Addenda to the Solicitation

2.4 Public Opening

2.5 Mandatory Responsiveness Requirements

2.6 Contract Formation

2.7 Modification or Withdrawal of Bid

2.8 Supplier Development

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

3.2 Special Instructions

3.3 Other Requirements Following Award

3.4 How to Submit a Bid in MyFloridaMarketPlace

3.5 Contents of Bid

3.6 Redacted Submissions

3.7 Price Sheet Instructions

3.8 Subcontracting

SECTION 4. SELECTION METHODOLOGY

4.1 Basis of Award

4.2 Department’s Rights to Reject Bids

4.3 Equal Bids

SECTION 5. AWARD

5.1 Rights for Award

5.2 Agency Decision

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Attachments:

Attachment A - Statement of Work Attachment B - Monthly Summary Report Attachment C - Performance Standards and Guarantees Attachment D - Price Sheet Attachment E - Draft Contract Attachment F - PUR 7801 Vendor Certification Form

Forms:

Form 1 - Contact Information Form 2 - Notice of No Conflict-of-Interest Form 3 - Non-Collusion Affidavit Form 4 - Statement of No Involvement Form 5 - Subcontracting Form 6 - Mandatory Responsiveness Requirements Form 7 - Mandatory Site Visit Form Form 8 - Experience, Capability and Past Performance Questionnaire Form 9 - Equipment and Facility Checklist

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SECTION 1. INTRODUCTION

1.1 Solicitation Objective

The Department of Management Services (Department or DMS), Division of Real Estate Development and Management (REDM) is issuing this Invitation to Bid (ITB) to establish a contract(s) for lawn care services at multiple locations throughout the State of Florida as identified in Attachment A – Statement of Work, section 1.1.

The historic annual spend for the services being procured through this solicitation is approximately:

$106,000 – Jacksonville RSC $14,000 – Ft, Myers RSC $41,000 – Hurston Complex $55,500 – Rhode Building, FDLE Miami, and Opa Locka Regional Service Center

Historical spending is provided for informational purposes only and should not be construed as representing actual, guaranteed, or minimum spend under a new contract.

1.2 Term

The initial term of the Contract(s) will be in accordance with section 2.1, Initial Term, of Attachment E - Draft Contract.

1.3 Definitions

The following definitions apply to this ITB. Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment E – Draft Contract are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this ITB document. All definitions apply in both their singular and plural sense.

1.3.1 Attachment(s) – Means the attachments, addenda, schedules, exhibits, and other documents, however so titled, attached hereto or incorporated by reference herein.

1.3.2 Bid – The document(s) submitted by a Bidder in response to this ITB. The term Bid is used interchangeably with Response.

1.3.3 Bidder – A Vendor who submits a bid to this solicitation. The term Bidder is used interchangeably with Respondent.

1.3.4 Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m., Eastern Time.

1.3.5 Commodity Code – The State’s numeric code for classifying commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying commodities and services.

1.3.6 Confidential Information – Information or material which (i) meets the definition of “Trade Secret” in section 812.081(1)(f), F.S..; or (ii) is otherwise exempt from the disclosure of public records required by Article I, Section 24, Florida Constitution (exemptions may be found in Chapter 119, F.S., other Florida laws, and preempting Federal laws or regulations).

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1.3.7 Contract – The written agreement between the Department and the awarded Bidder(s) resulting from this solicitation.

1.3.8 Contractor – The Vendor that enters into a Contract as a result of this solicitation.

1.3.9 Department – The Florida Department of Management Services or its designee.

1.3.10 Division – The Department’s Division of Real Estate Development and Management.

1.3.11 Invitation To Bid (ITB) – Reference to ITB number DMS-24/25-247, Lawn Care Services – Multiple Locations, including all attachments and addenda.

1.3.12 MyFloridaMarketPlace (MFMP) – The State’s eProcurement system, MyFloridaMarketPlace, is accessible at:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e.

1.3.13 PUR 1000 – The standard “General Contract Conditions” Form PUR 1000 (07/24), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at:

https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28Gen eral%20Contract%20Conditions%29.pdf.

1.3.14 PUR 1001 -- The standard “General Instructions to Respondents” Form PUR 1001 (10/06), as incorporated by reference in Rule 60A-1.002(7), F.A.C., and can be accessed at: https://dms-media.ccplatform.net/content/download/2934/file/PUR%201001%20General%20Instruc tions%20to%20Respondents.pdf.

1.3.15 Services – The services to be performed by the Contractor pursuant to a Contract, if any, resulting from this solicitation.

1.3.16 State – The State of Florida.

1.3.17 Vendor(s) – An entity that is capable and in the business of providing a commodity or service similar to those listed within this solicitation.

1.3.18 Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2., F.S. VIP is accessible at:

https://vendor.myfloridamarketplace.com.

1.4 Timeline of Events

The table below contains the Timeline of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the Bidder’s responsibility to check for any changes on the Vendor Information Portal (VIP) and in the Business Network. Bidders shall not rely on the Business Network time clock. It is not the official submission date and time deadline. In the event of a technical malfunction or discrepancy in VIP or in the Business Network, the Timeline of Events listed in the solicitation document shall prevail. Bidders are responsible for submitting all required documentation by the dates and times specified below. (All times indicated are Eastern Time).

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Timeline of Events

Event Time

(Eastern Time) Date

Solicitation posted on the VIP 02/06/2025

Mandatory Site Visit:

See Form 7 – Mandatory Site Visit

By Appointment

Only

02/06/2025 through

02/27/2025

Deadline for Bidders to submit questions to Procurement Officer

2:00 PM 02/28/2025

Department’s anticipated date of posting Q & A Addendum on the VIP

03/03/2025

Deadline to submit Bid and all required documents in the Business Network

1:00 PM 03/17/2025

Public Opening:

Conference Room 101 4050 Esplanade Way, Tallahassee, Florida 32399-0950

Join by telephone:

United States (Toll Free): 1 855 578 6266 United States (Toll Free): 1 888 585 9008

Access Code: 380-031-285

2:00 PM 03/17/2025

Anticipated date to post Notice of Intent to Award on the VIP

--- 5/1/2025

Anticipated Contract start date --- 07/01/2025

1.5 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Americans with Disabilities Act (ADA) Coordinator at (850) 922-7535 or ADA.Coordinator@dms.fl.gov at least five (5) business days prior to the scheduled event. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD).

1.6 Procurement Officer

In accordance with the PUR 1001, section 21 (“Limitation on Vendor Contact with Agency During Solicitation Period”), the Procurement Officer is the sole point of contact for this ITB except for the exclusive purpose of facilitating site visits in accordance with Section 2.2, Mandatory Site Visit.

Violation of this restriction may be grounds for rejecting a Bid.

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The contact information for the Procurement Officer is:

Araceli Serna, Purchasing Analyst Florida Department of Management Services 4050 Esplanade Way, Suite 260

Email: DMS.Purchasing@dms.fl.gov

***ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE ITB NUMBER IN

THE SUBJECT LINE OF THE EMAIL.***

If a Bidder claims that any portion of an email is trade secret under Section 812.081, F.S., or otherwise confidential under Florida or Federal Law, the Respondent must place the word “Confidential” in the subject line.

1.7 Order of Precedence for Solicitation

In the event of a conflict between the documents comprising this ITB, the conflict will be resolved in the following order of priority (highest to lowest):

a) Addenda to ITB, if issued (in reverse order of issuance);

b) Attachment A - Statement of Work

c) Attachment B – Monthly Summary Report

d) Attachment C – Performance Standards and Guarantees

e) Attachment D – Price Sheet

f) Attachment E – Draft Contract

g) ITB document

h) PUR 1001

i) All other ITB Forms

SECTION 2. SOLICITATION PROCESS

2.1 Questions and Answers

Vendor will submit all questions regarding this solicitation to the Procurement Officer via email during the Questions & Answers period. The deadline for receipt of questions is reflected in section 1.4, Timeline of Events.

The Department requests that all questions have the ITB number in the subject line of the email.

Questions should be submitted in the following format:

Vendor Question # Vendor Name ITB Section ITB Page # Question

Questions will not constitute a formal protest of the specifications of this ITB. Responses to all written inquiries, as well as all clarifications or addenda, if any, will be made through a posting on

VIP.

2.2 Mandatory Site Visit

Bidders shall contact the Facility Manager identified on Form 7 – Mandatory Site Visit Form, to schedule site visits. Site visits must be conducted within the dates indicated in Section 1.4, Timeline of Events. Bidders must visit the sites listed for any location for which the Bidder is submitting a response and must obtain a dated signature on Form 7 – Mandatory Site Visit Form from the Facility Manager(s) or their designee as a requirement of bid Responsiveness. Failure of any vendor to timely visit the facility and obtain a dated signature on Form 7 – Mandatory Site Visit Form from the applicable Facility Manager(s) or their designee shall render the Vendor’s Bid for such facility non-Responsive.

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The purpose of the site visit is to allow Bidders the opportunity to inspect all general and specific conditions that may affect the preparation of a response, if any, and/or the performance of the resultant Contract.

The site visit is not to be a Questions and Answers period. Any information provided by the Facility Manager during the site visit is not binding on the Department. To receive a formal answer, Bidders must submit all questions in accordance with Section 2.1, Questions and Answers.

FAILURE TO COMPLY WITH THESE INSTRUCTIONS WILL RESULT IN DISQUALIFICATION.

2.3 Addenda to the Solicitation

The Department reserves the right to modify this ITB by an addendum posted on the VIP.

Addenda may modify any aspect of this solicitation. It is the Bidder’s responsibility to check the VIP for any changes throughout the procurement process and prior to submitting a Bid.

Bidders are not authorized to make any changes to the ITB, including forms or attachments that it submits with its Bid, unless otherwise specified. Making such modifications may be grounds for deeming the Bidder non-Responsive.

2.4 Public Opening

Bids will be opened on the date and at the location indicated in subsection 1.4, Timeline of Events, of this solicitation. Respondents are not required to attend. The Department does not announce prices or release other materials at this public meeting, in accordance with section 119.071(1)(b), F.S.

2.5 Mandatory Responsiveness Requirements

The Department will not review Bids from Bidders who do not meet the mandatory Responsiveness requirements listed on Form 6 - Mandatory Responsiveness Requirements Form.

Note: The Department will perform an initial Responsiveness check. Bids found to be non-responsive will not be considered for award. The Department reserves the right to act upon information discovered during and after the initial Responsiveness check impacting the Responsibility or Responsiveness of the Bidder.

2.6 Contract Formation

The Department may issue a “Notice of Intent to Award” to award the Contract(s) to the successful Bidder(s). However, no contract shall be formed between a Bidder and the Department until both parties sign the Contract. The Department shall not be liable for payment for any work performed before the Contract is effective.

The Department intends to enter into the Contract(s) with a Bidder(s) pursuant to Section 4.1, Basis of Award, of this ITB. No additional documents submitted by a Bidder shall be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department. If any additional documents are submitted by the Bidder, the additional documents will not be considered for the Basis for Award.

The Contract will consist of Attachment A – Statement of Work, Attachment B – Monthly Summary Report, Attachment C - Performance Standards and Guarantees, the pricing submitted by the awarded Bidder on Attachment D - Price Sheet, and Attachment E - Draft Contract. No additional documents submitted by a Bidder will be incorporated in the Contract unless they are specifically identified, incorporated by reference, and approved by the Department.

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The PUR 1000 is also incorporated into the Contract by reference.

By submitting a Bid, the Respondent acknowledges its understanding and acceptance of all terms and conditions of the documents identified above that will form the Contract.

2.7 Modification or Withdrawal of Bid

Bidders are responsible for the content and accuracy of their Bids. A Bidder may modify or withdraw its Bid in MFMP Sourcing at any time prior to the Bid due date and time set forth in Section 1.4, Timeline of Events, of this ITB. A bid may be withdrawn by notifying the Procurement Officer in writing before the bid opening.

2.8 Supplier Development

2.8.1 Office of Supplier Development

The State of Florida supports its business community by creating opportunities for business enterprises to participate in procurements and contracts. The Department encourages supplier development through certain certifications and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Development (OSD) at OSDHelp@dms.fl.gov. The Office of Supplier Development’s Mentor-Protégé Program connects certified businesses with private business entities for business development mentoring. The Department strongly encourages Vendors doing business with the State to consider becoming a Mentor and participating in this initiative. More information on the Mentor-Protégé Program may be obtained by contacting the Office of Supplier Development at 850-487-0915 or by email at: OSDhelp@dms.fl.gov.

2.8.2 Reporting Certified Business Enterprises.

Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and vendor identification information of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Term Contract.

SECTION 3. GENERAL AND SPECIAL INSTRUCTIONS

3.1 General Instructions

The PUR 1001, as modified in Section 3.2, below, is hereby incorporated by reference.

3.2 Special Instructions

The following special instructions modify the general instructions provided in the incorporated

PUR 1001.

Paragraphs 8, 10, 13, 17 and 18 of the PUR 1001 are inapplicable in their entirety and are hereby deleted.

Paragraphs 3, 4, 5, 7, 9, 14, 15, 19, and 20 of the PUR 1001 are inapplicable and are replaced as follows:

3. Electronic Submission of Bids. Bids shall be submitted in accordance with Section 3.4 of this ITB, How to Submit a Bid.

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4. Terms and Conditions. All Bids are subject to the terms of this ITB, which, in case of conflict, shall have the order of precedence listed in Section 1.7 of this ITB, Order of Precedence for Solicitation.

The Department shall not accept any unrequested terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Respondent’s Bid or hyperlinked therein. In submitting its Bid, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect.

5. Questions. Questions shall be submitted in accordance with Section 2.1 of this ITB, Questions and Answers.

7. Convicted Vendor, Discriminatory Vendor, and Antitrust Violator Vendor Lists.

a. Convicted Vendor List. Pursuant to section 287.133, F.S., 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, 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 in excess of the threshold amount provided in section 287.017, F.S. for Category two for a period of 36 months following the date of being placed on the Convicted Vendor List.

b. Discriminatory Vendor List. Pursuant to section 287.134, F.S., 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.

c. Antitrust Violator Vendor List. Pursuant to section 287.137, F.S., 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.

9. Bidder’s Representation and Authorization. In submitting a Bid, the Bidder certifies that it understands, represents, and acknowledges the following:

a) The Bidder is not currently under suspension or debarment by the State or any other governmental authority.

b) The Bidder currently has no delinquent obligations to the State, including a claim by the

State for liquidated damages under any other contract.

c) The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Bid.

d) The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder; neither the prices nor amounts, actual or approximate, have been disclosed to any other Bidder or potential Bidder, and they will not be disclosed before the solicitation opening.

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e) The Bidder has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a), F.S.), and all directors, officers, and employees of the Bidder and its affiliates for violation of any state or federal law involving a public entity crime (as defined in section 287.133(1)(g), F.S.). This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company.

f) Neither the Bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or in a position involving the administration of federal funds:

1. Is presently indicted or, within the preceding three years, has been convicted or found guilty of, or found civilly liable for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

2. Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

g) The products and/or services offered by the Bidder will conform to the specifications contained herein without exception.

h) The Bidder has read and understands the terms and conditions listed in the Attachment E - Draft Contract, and the submission is made in conformance with those terms and conditions.

i) If an award is made to the Bidder, the Bidder agrees that it will execute the Attachment E

- Draft Contract.

j) The Bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in the Bid.

k) The Bidder shall indemnify, defend, and hold harmless the Department and their employees against any cost, damage, or expense which may be incurred or be caused by any error in the Bidder’s preparation of its Bid.

l) All information provided by, and representations made by, the Bidder are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement may be treated as fraudulent concealment from the Department of the true facts relating to submission of the Bid. A misrepresentation may be punishable under law.

m) By submitting its Bid, the Bidder agrees to waive any objections to requirements contained in the solicitation, including any addenda thereto.

The Department reserves the right to deem the Respondent non-Responsive or not Responsible based on any information provided in, or omitted from, the Respondent’s Bid related to the certifications of this section.

14. Firm Response. The Department may make an award within 120 days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If an award is not made within 120 days, the Bid shall remain firm until the Department enters into a Contract or the Department receives from the Bidder written notice that the Bid is withdrawn.

15. Clarifying Information. 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.

19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all

DMS-24/25-247 Lawn Care Services – Multiple Locations Page 12 of 28 public records, and section 119.011, F.S., provides a broad definition of “public record.” As such, the entirety of the Bids are public records and are subject to disclosure unless exempt from disclosure by law. If the Bidder considers any portion of its Bid to be Confidential Information, the Bidder is to mark the document as “confidential” and simultaneously provide the Department with a separate, redacted copy of its Bid. For each portion redacted, the Bidder is to briefly describe in writing the grounds for claiming exemption, including the specific statutory citation for such exemption. On the cover of the redacted copy, the Bidder is to provide its name and the Department’s solicitation name and number and clearly title it, “Redacted Copy.” Only portions of material that the Bidder claims are Confidential Information are to be redacted.

In accordance with section 119.071(1)(b), F.S., Bids are exempt from production in response to public records requests until such time as the Department provides notice of an intended decision or until 30 days after opening the Bids, whichever is earlier. After that time, the Department will provide the redacted copy, if any, in response to a public records request. If the Bidder fails to mark a record it claims contains Confidential Information as “confidential,” or fails to submit a redacted copy in accordance with this section of a record it claims contains Confidential Information, the Department shall have no liability for release of such record. The foregoing will apply to every instance in which the Bidder fails to both mark a record “confidential” and redact it in accordance with this section, regardless of whether the Bidder may have properly marked and redacted the same or similar Confidential Information in another instance or record submitted to the Department.

In the event of a request for public records pursuant to Chapter 119, F.S., the Florida Constitution, or other authority, to which documents that are marked as “confidential” are responsive, the Department will provide the redacted copy to the requestor. If the Bidder has marked a record as “confidential” but failed to provide a redacted copy to the Department, the Department may notify the Bidder of the request and the Bidder may have up to ten (10) Business Days from the date of the notice to provide a Bidder-redacted copy, or else the Department may release the unredacted record to the requestor without liability. If a requestor asserts a right to the redacted Confidential Information, the Department will notify the Bidder such an assertion has been made. The notice will provide that if the Bidder seeks to protect the Bidder-redacted Confidential Information from release it must, within thirty (30) days after the date of the notice and at its own expense, file a cause of action seeking a declaratory judgment that the information in question is exempt from section 119.07(1), F.S., or other applicable law and an order prohibiting the Department from publicly disclosing the information. The Bidder shall provide written notice to the Department of any cause of action filed. If the Bidder fails to file a cause of action within thirty (30) days the Department may release the unredacted copy of the record to the requestor without liability.

If the Department becomes subject to a demand for discovery or disclosure of documents that are marked as “confidential” in a legal proceeding, (whether by oral questions, interrogatories, requests for information or documents, subpoena, or similar process), unless otherwise prohibited by law, the Department will give the Bidder notice of the demand or request prior to disclosing any Confidential Information to allow the Bidder to seek a protective order or other appropriate relief at the Bidder’s sole discretion and expense. If the Bidder fails to take appropriate and timely action to protect the materials it has designated as Confidential Information or fails to provide a redacted copy that may be disclosed, the Department will provide the unredacted materials to the requester.

By submitting a Bid, the Bidder agrees to protect, defend, and indemnify the Department for all claims, costs, fines, settlement fees, and attorneys’ fees, at both the trial and appellate levels, arising from or relating to the Bidder’s determination its records contain Confidential Information. In the event of a third-party claim brought against the Department for failure to release the Bidder’s redacted Confidential Information, the Bidder shall assume, at its sole expense, the defense or settlement of such claim, including attorney’s fees and costs at both the trial and appellate levels. If the Bidder fails to continuously undertake the defense or settlement of such claim or if the Bidder and the Department mutually agree that the Department is best suited to undertake the defense or

DMS-24/25-247 Lawn Care Services – Multiple Locations Page 13 of 28 settlement, the Department will have the right, but not the obligation, to undertake the defense or settlement of such claim, at its discretion. The Bidder shall be bound by any defense or settlement the Department may make as to such claim, and the Bidder agrees to reimburse the Department for the expense, including reasonable attorney’s fees and costs at both the trial and appellate levels associated with any defense or settlement that the Department may undertake to defend Bidder’s Confidential Information. The Department will also be entitled to join the Bidder in any third-party claim for the purpose of enforcing any right of indemnity under this section.

If at any point the Department is reasonably advised by its counsel that disclosure of the Confidential Information is required by law, including but not limited to Florida’s public records laws, the Department may disclose such Confidential Information without liability hereunder.

20. Protests. 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. Any protest must be timely filed with the Department of Management Services’ Agency Clerk listed at:

http://www.dms.myflorida.com/agency_administration/general_counsel

3.3 Other Requirements Following Award

3.3.1 Florida Substitute Form W-9 Process

It is the responsibility of the awarded Bidder to complete a Florida Substitute Form W-9 prior to execution of a Contract. The Internal Revenue Service receives and validates the information provided on the Florida Substitute Form W-9. For instructions on how to complete the Florida Substitute Form W-9, please visit: https://flvendor.myfloridacfo.com/.

3.3.2 Registration with the Florida Department of State

If awarded a Contract, the Bidder shall provide a PDF file of its current and active registration with the Florida Department of State prior to execution of a Contract or, if exempt from registration, a statement to that effect noting the basis for the exemption. Bidders should note that foreign entities are required to obtain a Florida Certificate of Authorization pursuant to applicable Florida Statutes from the Florida Department of State, Division of Corporations, to transact business in the State of Florida. For additional information, please visit https://dos.myflorida.com/sunbiz/.

3.3.3 PUR 7801 Vendor Certification Form

It is the responsibility of the awarded Bidder(s) to provide a completed Attachment F, PUR 7801 Vendor Certification Form, prior to Contract execution and annually thereafter throughout the term of the Contract. A completed Attachment F, PUR 7801 Vendor Certification Form includes any required forms referenced therein.

3.4 How to Submit a Bid in MyFloridaMarketPlace

3.4.1 MFMP Registration

A Vendor must be registered in the MyFloridaMarketPlace (MFMP) Vendor Information Portal (VIP) to submit its intent to participate in this solicitation from the Advertisements Dashboard in VIP. A Vendor must also be registered in the Business Network (formerly known as Ariba Network) to submit questions and respond to this solicitation event.

3.4.1.1 To Participate in this solicitation, a Vendor must:

a. Create an account through VIP at https://vendor.myfloridamarketplace.com if not already registered. For information on how to register in VIP, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

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b. Once registered in VIP, search for this solicitation from the Advertisements Dashboard and click “Intends to Participate.”

c. The Vendor’s solicitation contact as listed in Vendor’s MFMP account will receive an invitation to participate in the solicitation via email. This email will give the option to register the Vendor’s company on the Business Network or to log into the Business Network using the Vendor’s credentials if the Vendor already has a Business Network account.

3.4.1.2 If a Vendor is NOT registered in the Business Network, the Vendor must:

a. Register in the Business Network using the provided link received after selecting “Intends to Participate” in VIP. The Vendor must follow the registration wizard to fill in all required sections, read, and agree to the MFMP terms of use by checking the box, and click “Register” to complete the registration process.

b. The Vendor’s contact will receive an email from the Business Network confirming the registration of the Vendor’s account. To activate the Vendor’s account, select the “Click here to activate your Ariba account” link. This will direct the Vendor to the Business Network welcome page.

3.4.1.3 If a Vendor is registered in the Business Network and has selected it Intends to

Participate in this solicitation:

a. Login using the login credentials to gain access to the Business Network home page.

b. To navigate to different tools, select the “Business Network” drop down menu at the top left-hand corner of the screen. To access sourcing (solicitation) events select “Ariba Proposals & Questionnaires” and review the “Events” list.

c. Review the “Events” list for the title of this solicitation’s sourcing event.

1) The sourcing event will either be displayed in the “Open” or “Preview” status.

2) A sourcing event can appear in various statuses based on where the solicitation is in the procurement process. The possible statuses are defined below:

Completed - The sourcing event is no longer receiving submissions for the solicitation and an agency decision has been posted on VIP.

• Open – The sourcing event is currently open for viewing and registered Vendors may respond to the solicitation.

• Pending Selection – The sourcing event is no longer receiving submissions for the solicitation, but an agency decision has not yet been posted on VIP.

• Preview – The sourcing event has not yet been opened to receive responses, but the details of the solicitation can be viewed by registered Vendors.

d. Click the sourcing event title to review the details of the event.

e. In the Event Details page, there is a “Checklist” of steps which must completed before a Vendor can respond to this solicitation, including accepting the Ariba Network’s Respondent’s Agreement.

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For more information on reviewing and submitting a response, access MFMP training materials using the link in Section 3.4.2 MFMP Training below.

ALL VENDORS MUST SELECT ‘INTENDS TO PARTICIPATE’ IN VIP AND

SUBMIT THEIR RESPONSE AND ALL REQUIRED DOCUMENTS IN THE

BUSINESS NETWORK BY THE TIME AND DATE LISTED IN THE TIMELINE OF

EVENTS IN ORDER TO PARTICIPATE IN THIS SOLICITATION.

NOTE: Changes made in MFMP, including new registrations, may take up to 48 hours to take effect.

3.4.2 MFMP Training

MFMP University offers Vendor training materials on the Department’s MFMP Vendor Training website. Please visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplac e/mfmp_university/mfmp_u_for_vendors to access the MFMP Vendor Guide for information on VIP registration, commodity codes, and responding to solicitations in the Business Network.

3.4.3 MFMP Assistance

If you need assistance with using MFMP, please contact the MFMP Customer Service Desk at (866) 352-3776 or VendorHelp@myfloridamarketplace.com. The MFMP Customer Service Desk cannot answer questions about the ITB content. All solicitation questions must be submitted in accordance with Section 2.1, Questions and Answers.

3.5 Contents of Bid

Bidders shall complete and submit each item below in its entirety or the Bidder may be deemed non- Responsive. The Respondent’s Bid may not contain any conditions or exceptions to any aspect of the solicitation and any such conditions or exceptions will not be considered in evaluating the Respondent’s Bid. The only recognized changes to this ITB prior to the opening of Bids will be via written amendments issued by the Department.

Each form and Bid shall be included as a standalone document in the applicable Tab stated below. Bidders shall submit provided documents in the file format they are received and shall not alter any portion of the documents except as necessary to provide the requested information.

The following sections of the Bid shall be submitted in accordance with Section 3.4, How to Submit a Bid, of this ITB:

Tab 1 A cover letter with the following information:

Company name and physical address Contact information for primary point of contact, including telephone number and email address Federal Employer Identification Number (FEIN)

Tab 2 Completed FORMS and ATTACHMENTS:

Form 1 - Contact Information Form Form 2 - Notice of No Conflict of Interest Form 3 - Non-Collusion Affidavit Form 4 - Statement of No Involvement Form 5 - Subcontracting Form Form 6 - Mandatory Responsiveness Requirements Form 7 - Mandatory Site Visit Form

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Form 8 - Experience, Capability and Past Performance Questionnaire Form 9 - Equipment and Facility Checklist Attachment D – Price Sheet Attachment F- PUR 7801 Vendor Certification Form

Tab 3 Equipment and Staffing List:

A list of currently owned/leased commercial and/or lawn care equipment, which includes vehicles and trailers to haul equipment. Provide make and model of all.

A list of employees with respective job titles.

Tab 4 Confidential Information (Optional):

Should any portion of the Respondent’s Bid contain confidential information, Respondent shall submit one (1) copy of the entire Bid with confidential information redacted. Respondents will not be penalized for failing to submit a redacted copy. However, the Department intends to respond to public records requests with redacted copies in accordance with Section 3.6.

3.6 Redacted Submissions

This section 3.6, Redacted Submission, supplements Section 19 of the PUR 1001 as modified in Section 3.2, Special Instructions, above. All materials submitted as part of this ITB will be a public record subject to the provisions of Chapter 119, F.S. A time-limited exemption from public inspection is provided for the contents of bids pursuant to subsection 119.071(1)(b), F.S.

Selection or rejection of a bid does not affect the public record status of the materials.

3.7 Price Sheet Instructions

3.7.1. The Bidder must submit a completed Attachment D – Price Sheet, as detailed in Section 3.5, Contents of Bid, of this ITB.

3.7.2. The Bidder shall enter a price in each yellow highlighted cell of the Price Sheet submitted for each facility for which the Bidder is bidding on.

3.7.3. The Price Sheet must include prices for both the initial and renewal years in ALL yellow highlighted cells for each facility the Bidder is bidding on.

3.7.4. Failure to provide a price in a yellow highlighted cell for a facility the Bidder is bidding on shall result in the Bidder being deemed non-Responsive.

3.7.5. Providing ranges (e.g., $100-$200) in any yellow highlighted cell will not be accepted and will result in the Bidder being deemed non - Responsive for the facility the Bidder is on.

3.7.6. If the Bidder is proposing pricing for additional irrigation services, Bidders may enter an hourly price and markup on parts for the initial and renewal years in all blue highlighted cells.

If the Bidder is not proposing pricing for additional irrigation services, Bidder should write “N/A” in the corresponding blue highlighted cells.

3.7.7. In the event the Department receives a Price Sheet containing illegible pricing or a mathematical error(s), the Department reserves the right to seek clarification of the prices received and to receive corrected price sheet(s). No material alterations of the original price sheet shall be accepted.

3.7.8. Prices bid shall remain firm for the life of the Contract. Price adjustments shall not be allowed.

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3.7.9. The Bidder is not required to provide an hourly price or mark up on parts for the additional irrigation services to be found Responsive.

3.7.10. Not to exceed amounts have been provided in the price sheet for each facility. Any bid amount(s) that exceed the not to exceed amount may result in the Bidder being deemed non-Responsive for that facility.

3.8 Subcontracting

The Contractor shall be fully responsible for all work performed under the Contract. If the awarded Bidder wishes to use subcontractors other than those properly and specifically identified in the subcontracting form submitted with the Bid, the awarded Bidder must follow the approval process specified in the Contract. It is the Contractor’s responsibility to ensure that any aspects of the scope of work requiring certification or licensure are performed by duly certified or licensed persons. Contractor shall provide proof of certification or licensure upon request.

SECTION 4. SELECTION METHODOLOGY

4.1 Basis of Award

4.1.1 A Contract will be awarded for each facility group to the Responsible and Responsive Respondent that submits the lowest Responsive Total Calculated Price for the facility group.

4.1.2 The Department will consider the total cost of the required fields for the initial and renewal terms of the Contract for a facility group, as submitted by the Bidder in Attachment D – Price Sheet. The Total Calculated Price for a facility group will be calculated using the following formula:

X = (A x 0.70) + (B x .30)

A = (IP1 + IP2)

B = (RP1 + RP2)

Where:

X = Total Calculated Price A = Sum of all Initial Term (IP1 through IP2) pricing per Facility Group B = Sum of all Renewal Term (RP1 through RP2) pricing per Facility Group IP = Initial Term Pricing RP = Renewal Term Pricing IP1 and RP1 = Sum of all Basic Service Annual Pricing submitted IP2 and RP2 = Sum of all Unit Pricing submitted

4.1.3 The Department reserves the right to award a Contract to the Responsible and

Responsive Respondent that submits the Bid with the next lowest Total Calculated Price if the Department cannot execute a Contract with the awarded Respondent. The Department reserves the right to reject all Bids.

4.2 Department’s Rights to Reject Bids

4.2.1 The Department may reject any Bid not submitted in the manner specified by this solicitation.

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

4.2.3 Bidders whose Bids, contract performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as not Responsible.

In making such determinations, the Department may also consult, but is not limited to, court filings and reports available from local, state, or federal agencies.

Filing for bankruptcy or insolvency, conviction of any corporate officer of a crime involving fraud, dishonesty, unfair or deceptive trade practices, bid or price fixing or any other offense related to public procurement or having a contract with any state or governmental entity terminated for breach or for failure to perform, within the past 10 years, may also be grounds for finding a Bidder non-Responsive.

4.2.4 The Department reserves the right to determine which Bids meet the requirements of this solicitation and which Bidders are Responsive and Responsible.

4.2.5 In this solicitation, the words “should” or “may” indicate desirable attributes or conditions but are permissive in nature. Where language indicates that the attribute or condition is mandatory, the Department still reserves the right to waive any minor irregularity if the Department determines that it is in the best interest of the State to do so.

4.2.6 A deviation from a requirement or condition is material if, in the Department’s discretion, it provides a substantial advantage to one Bidder over another or has a potentially significant effect on the quality of the Bid or on the cost to the State.

4.3 Equal Bids

In the event that multiple awards are not contemplated in the ITB, and the Department receives equal Bids eligible for award, the Department will comply with the following, as applicable:

sections 287.057(11), 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 Department may request information from Bidders with equal eligible Bids. A Bidder will not be permitted to amend or supplement its Bid in response to such request for clarification

SECTION 5. AWARD

5.1 Rights for Award

The Department reserves the right to:

6.1 Select one (1) Bidder for the services encompassed by this ITB for all locations.

6.2 Select one (1) Bidder for the services encompassed by this ITB for each location.

6.3 Select multiple Bidders for the services encompassed by this ITB in a combination of locations.

6.4 Award the Contract to the Bidder with the next lowest price if the Department is unable to execute a contract with the initially or previously awarded Bidder.

6.5 Reject all Bids and determine whether to reissue a competitive solicitation.

6.6 Withdraw or cancel the procurement and make no award.

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5.2 Agency Decision

The Department will post a Notice of Intent to Award to enter into one or more contracts with the Bidder(s) identified therein, on the VIP website: https://vendor.myfloridamarketplace.com/

If the Department decides to reject all bids, it will post its notice on the VIP website:

https://vendor.myfloridamarketplace.com/

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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FORM 1 - CONTACT INFORMATION FORM

For solicitation purposes, the Bidder ‘s contact person shall be:

For contractual purposes, should the Bidder be awarded, the contact person shall be (if this column is blank, then the contact person for solicitation purposes shall be the contact person for contractual purposes):

Name

Title

Company Name

Address

Telephone

Fax

E-…