ITB FFS 23 24 104.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 104

Title: Blackwater River State Forest – Trash Collection Services

Channcen Bell, 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 24 104

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 trash collection and disposal services within Blackwater River State Forest located in Milton, Florida. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Term Agreement 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 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

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda. It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline. All times listed are Eastern Time (ET).

EVENT DATE/TIME LOCATION

Release of ITB June 06, 2024 Vendor Information Portal

Site Visit (Recommended) June 17 – 21, Blackwater Forestry Center 11650 Munson Highway Milton, Fl 32570

Last day for written Inquiries to be received by the

Department June 26, 2024

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

June 28, 2024 Vendor Information Portal

Sealed Bids Due July 11, 2024

5:00PM

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

July 12, 2024

10:00AM

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

Anticipated Posting of Recommended Award July 15, 2024 Vendor Information Portal

The Department shall utilize the State of Florida, 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: (888) 585 – 9008

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

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer 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 (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.5 Mandatory Requirements

The Department 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 Vendor over other Vendors, 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, and

4) PUR 1001, General Instructions to Respondents.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

The Department, Division of Florida Forest Service (FFS) intends to establish a term agreement for trash collection and disposal services from various locations within Blackwater River State Forest as specified herein. The Contractor shall furnish all materials, labor, tools, equipment, compactor truck, and supply all containers with plastic lids for the delivery of trash collection and disposal services. The required trash containers, including the container size, estimated pickups, and container locations have been identified by the FFS as specified in APPENDIX I.

The Department will not supply equipment, tools, or containers. The Department will not pay for tipping fees. Tipping fees will be the responsibility of the Contractor. The Contractor will keep their containers at specific sites designated by the FFS within the assigned areas shown in APPENDIX I. Trash will be removed according to the schedule on the price sheet. Monthly pick-up of four (4) containers signifies a weekly pick-up for 52 total pick-ups per year. Estimated monthly pick up of 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 two (2) containers signifies every other week pick-up for 26 total pick-ups per year.

Emptying containers is necessary to reduce odors in campgrounds. If the Contractor fails to deliver the required services, a financial consequence in the amount of $150.00 per container not emptied weekly or every other week according to the trash removal schedule will be assessed and deducted from the Contractor’s payment. Repeated failure to deliver services may result in termination of the agreement. Payment to the Contractor will be monthly.

2.1.1 Department Coordination

All aspects of the resulting Term Agreement shall be coordinated through the Department’s Contract Manager or their designee. All authorizations and approvals shall be in writing and executed by the Department prior to commencement of work.

2.1.2 Price Escalation or Reduction

Contractor pricing must be current and effective for the initial three (3) year term of the resulting agreement. The Contractor may request an equitable price adjustment for each one (1) year renewal term in accordance with PUR 1000, Section 4(e).

By submitting pricing, the Contractor agrees that in the absence of an equitable price adjustment, as indicated in PUR 1000, renewal pricing will remain the same throughout the Term Agreement.

Requests for increases must be submitted at least 60 calendar days prior to the anniversary date of the agreement in order for the request to be considered. Rate increases must be requested in writing to the Department and must be supported by a detailed justification which warrants the requested increase percentage (a maximum of three percent (3%) every year of a renewal term).

The Department shall review the request, and supporting documentation, to determine whether an increase is warranted and, if so, what percentage of adjustment will be authorized.

With respect to the negotiation of a one (1) year renewal term, either party may request a decrease in the rates. The Contractor shall apply any price decreases due to market change or special sales offered to other customers during the agreement term.

Each party shall review the other party’s written request. If an agreement cannot be reached regarding a decrease in the rates, then the agreement will expire in accordance with the terms thereof without renewal.

2.2 Recommended Site Visitation

It is STRONGLY recommended that each Contractor, before submitting a bid, inspect the sites for trash container placement to satisfy themselves regarding all general and local conditions that may affect the preparation of their bid and cost of contractor’s performance. Appointments, if needed, for site inspection may be arranged with the FFS Representative, (David Creamer, 850- 957-5717, David.Creamer@fdacs.gov, Monday through Friday between the hours of 7:00 a.m. - 4:00 p.m., Central Time. It is the Contractors' responsibility to consider any and all site conditions or requirements for services. A site visit is recommended but IS NOT mandatory.

https://dms-media.ccplatform.net/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf mailto:David.Creamer@fdacs.gov

2.3 Licensing

Contractor shall maintain valid certifications, licenses, and permits required for the services as specified herein.

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. If projects have not been accomplished in similar size and scope, then other contacts that have used the contractor for their larger services within the last five (5) years must be provided. (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 Contractor. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends, state holidays or other closures.

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.

2.5 Sub-Contractors

In order to warrant that only qualified and competent subcontractors will be employed on the project, the contractor shall submit to the Department a list of subcontractors who will perform work. Subcontractors include facilities used for final disposal of collected pesticides and other materials. The contractor shall have determined, to his own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time and is qualified both technically and financially to perform the phase of this work for which he is listed. Proof of any licenses or certifications required of subcontractors shall be submitted with the list of subcontractors by the contractor.

Any subcontractor(s) not listed and approved in the award of this bid will not be allowed to proceed with any work related to this project. The Department shall have the right to examine the technical qualifications of any subcontractor and to request additional documentation of a subcontractor’s technical and financial qualifications. Any subcontractor(s) proposed after the start of this project must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval. The Department shall have the right to prohibit the use of any subcontractor that in its own discretion does not satisfactorily meet the business experience, technical or financial qualifications necessary to perform this work. If applicable, Attachment B - List of Subcontractors form must be completed and included in the bid response.

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 Department’s 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. Vendors are not required to return this document with its bid.

Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting 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 Vendor Inquiries

The Procurement Officer, acting on behalf of the Department, is the sole point of contact of official meetings, questions, and all matters pertaining to this ITB from the date of the release of the ITB until the Department’s Notice of Agency Decision is published 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, as 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 published on the VIP on or about the date referenced in the Timeline.

Procurement Officer:

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

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE ITB 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 intent to award (72-hour period excludes Saturdays, Sundays, state holidays or other closures), Vendors 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), F.S.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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 ITB the information will be published on the Vendor Information Portal as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

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

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. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal (https://vendor.myfloridamarketplace.com/). 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 ITB:

25101914 – Waste collection vehicle or garbage truck 76121501 – Garbage collection or destruction or processing or disposal.

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all Vendors that conduct business with the State of Florida to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on the website once a registration has been completed. DFS may assist Vendors with questions and can be reached at (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 purchase order or contract. This may be completed by the Vendor post-award and is not something which the Department 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 Vendor 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 Vendor’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 Vendors follow the format and instructions provided below.

https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to:

407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

2) Electronic (email/fax) submission of bids will not be accepted for the ITB.

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

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

5) 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 received in the Purchasing Office.

3.9 Vendor Acknowledgement

By submission of a signature on the Department’s Acknowledgment Form, the Vendor 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 Vendor. The services offered by the Vendor will conform to the specifications of this ITB without exception.

Vendors must include Attachment C - Acknowledgement Form, with its bid response.

3.10 Price Sheet

Vendor shall complete, sign, date and return Attachment D - 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 Vendor beyond the bid price for all specifications and considerations in response to this ITB, as outlined herein. Vendors 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 Attachment E 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 Department 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 Department objects to and shall not consider any different or additional terms or conditions submitted by a Vendor, including any appearing in documents attached as part of a Vendor’s bid.

In submitting a bid, the Vendor agrees that any additional or different terms or conditions, whether submitted by the Vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a bid. Vendor’s failure to agree to or comply with the Department’s terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The purchase order or contract issued by the Department 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 the Department or the Vendor unless expressly contained herein or by a written addendum published on VIP by the Department 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, F.S.

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 Vendor 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 bids are due) will not be accepted, nor considered, and modification by the Vendor 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 bids 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 ITB or fail to provide all required information, documents, or materials may be rejected and deemed non-responsive.

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

IF THE DEPARTMENT DETERMINES, IN ITS SOLE DISCRETION, THAT THE CONDITIONS

OF THE BID DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT

PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS, THE

BID MAY BE REJECTED AND DEEMED NON-RESPONSIVE.

3.16 Basis of Award

An award shall be made to the responsive and responsible Vendor with the lowest Grand Total Price, 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, contract, agreement, or commitment on behalf of the state.

Vendors must provide pricing for all location within the Price Sheet to be considered responsive.

In event the Vendor with the lowest Grand Total Price is found non-responsive, the Department may proceed to the next responsive Vendor with the lowest Grand Total Price 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 Bids

In the event the Department receives less than two (2) responsive bids for contractual services purchases, the Department reserves the right to negotiate on the best terms and conditions with the single responsive Vendor pursuant to 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 Vendor and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 calendar days from the bid submission date.

3.19 Verbal Instruction Procedure/Discussions

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State of Florida 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 Vendor are recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with any employee, or representative of the Department, involving cost or price information, occurring prior to the Department publishing the Notice of Agency Decision, may result in rejection of said Vendor’s bid.

3.20 No Prior Involvement and Conflict of Interest

Pursuant to Section 287.057(19)(c), F.S., provides, “A person who receives a contract that has not been procured in accordance with 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 Vendor 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 Vendor 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 Vendor. 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 Vendor 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, F.S., 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 bid submission, 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, F.S., or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, F.S., 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 Terrorism Sectors, created pursuant to Section 215.473, F.S.; or 3) engaging in business operations in Cuba or Syria.

For a Vendor’s bid to be considered responsive, Attachment E - Certification Regarding Scrutinized Companies Form, must be completed and included in its bid package. The list may be found at https://www.sbafla.com/reporting/. 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 Vendor submitting a response to this ITB MUST execute the enclosed form FDACS-01522, Attachment F - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. 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 Vendor responses to solicitations where there is identical pricing or scoring from two or more Vendors, 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), F.S.

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), F.S., if two (2) equal bids are received and one (1) bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Vendors must provide a copy of this certification in their bid response to receive this preference.

https://www.sbafla.com/reporting/

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE OF FLORIDA

GIVEN PREFERENCE

Pursuant to Section 287.082, F.S., whenever two (2) or more competitive sealed bids are received, one (1) or more of which relates to commodities manufactured, grown or produced within the State of Florida, 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 the State of Florida shall be given preference. Vendors must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two (2) 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, Vendors must complete and submit with its response Attachment G - 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, F.S., 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. Vendors 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), F.S., a state agency, when considering two (2) or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one

(1) 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), F.S., shall accompany the bid response. Failure to submit proof of certification will result in non-application of the preference.

3.24 Disqualification of Vendors

More than one (1) 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 Vendor is interested in more than one (1) solicitation for the same work will cause the rejection of all bids in which such Vendors are believed to be interested.

If there is reason to believe that collusion exists among the Vendors, any or all bids will be rejected. No participants in such collusion will be considered in future procurements for the same work. Falsifications of any entry made on the Vendor'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 best interest of the State of Florida and to reject the bid of a Vendor who the Department determines is not in a position to perform the contract.

3.26 Protest Procedures

Pursuant to Section 120.57(3), F.S., 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), F.S., 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.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Term Agreement

The Term Agreement will be effective for a three (3) years term upon execution, unless cancelled earlier in accordance with the terms of the agreement. The Department intends to issue separate and/or blanket purchase orders by way of the Term Agreement. The Contractor is responsible for emptying containers and disposing the trash at the landfill. The Contractor is responsible for all fees related to the disposal of trash collected at Blackwater River State Forest.

The Awarded Contractor agrees to sign and return the Department’s Term Agreement, within 15 calendar dates upon receiving the Term Agreement from the Department. A draft is attached hereto as ATTACHMENT H.

4.2 Modification after Contract Execution

Any changes in the specifications, delivery, quantity or terms of the contract must be agreed upon by the Department and the Vendor by written contract amendment.

The Vendor 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.

4.4 MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to Section 287.057(24), 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, 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.

4.5 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 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, F.S., for category two, for a period of 36 months from the date of being placed on the convicted Vendor list.

4.6 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.

4.7 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.

4.8 Independent Capacity of Contractor

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

4.9 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.

4.10 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.

4.11 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:

Florida Department of Agriculture and Consumer Services Attn: Linda Peters 3125 Conner Boulevard Tallahassee, Florida 32399

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 30 calendar days, prior to any material changes in provisions or cancellation of the policy.

4.12 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.

4.13 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

4.14 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, F.S., 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 (3) 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.

4.15 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.

4.16 Invoicing and Payment

Payment will be made upon delivery and/or satisfactory completion, by state government warrant.

Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, to the contract manager on a monthly basis. 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. Payment shall be made in accordance with Section 215.422, F.S.

Invoices shall be submitted as outlined in the resulting purchase order or contract.

4.17 Cooperation with the Inspector General

Pursuant to Section 20.055(5), F.S., the contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

4.18 Vendor Ombudsman

Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 calendar days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to s. 55.03, F.S., will be due and payable in addition to the invoice amount.

A Vendor Ombudsman has been established within the DFS. The duties of this individual include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

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Appendix I Container Locations

CONTAINER SITE CONTAINER

LOCATION DIRECTIONS TO LOCATION

1.

Krul Lake Recreation Area

Eight-yard containers, weekly pick-up.

Located 1.5 miles east of the Munson crossroads (Highway 4 and Highway 191).

From Interstate 10 take Exit 22.

Turn north on Avalon Boulevard and travel to Highway 90.

Turn right onto at Highway 90 and travel to Highway 87 also called Stewart Street at the Burger King restaurant.

Turn left. Travel .8 miles to the Milton High School and turn to the right onto Highway 191 also called Munson Highway.

Continue 19.5 miles until you reach Highway 4.

Turn to the right onto Highway 4 and travel .7 miles to the Krul sign. Follow the entrance road into the facility.

One container is next to day use parking lot the other two containers are located at 2 locations next to the Krul campground road.

2.

Bear Lake Campground

Eight-yard containers, weekly pick-up at the campground.

Six-yard container, every other week pick-up, located at the Bear Lake pavilion,2.5 miles east of the Munson crossroads.

From I-10 take exit 22 for FL-281 N toward Milton/Gulf Breeze.

Head north on FL-281 N (Avalon Blvd.) for 4.9 miles to US-90 E (Caroline St.) and turn right.

Go 2.3 miles and use 2 left turn lanes to turn left onto Stewart Street (at the Burger King), go .8 mile to County Road 191 (Munson Highway) at Milton High School and turn right.

Continue County Road 191 for 19.5 miles to FL-4 E and turn right.

After 2.1 miles on FL- 4 E look for the Bear Lake sign and turn left.

Follow the entrance road into the facility.

3.

Hurricane Lake North Campground

Eight-yard container, weekly pick up.

From Interstate 10, take Exit 22 to Milton, FL.

Turn north on Avalon Blvd and travel to Hwy 90.

Turn right at Hwy 90 and travel to Hwy 87, also called Stewart St at the Burger King restaurant.

Turn left. Travel .8 miles to the Milton High School and turn to the right onto Hwy 191, also called Munson Hwy.

Continue 20 miles until you reach Hwy 4. Turn to the right onto Hwy 4 and travel 2.7 miles to the Hurricane Lake sign.

Turn to the left. Continue north on this road 8.6 miles until you see the Hurricane Lake North Recreation Area sign on your right.

Follow the paved road 1.7 miles back to the lake.

If traveling from Baker FL, turn west onto Hwy 4 and travel 6.4 miles to Beaver Creek Rd.

At the Hurricane Lake sign/Beaver Creek Rd turn right and travel 8 miles to the Hurricane Lake North Recreation Area sign.

Follow the road 1.7 miles back to the lake.

4.

Hurricane Lake South Campground

Eight-yard container, weekly pick-up

From Interstate 10 take Exit 22.

Turn north on Avalon Boulevard and travel to Highway 90.

Turn right at Highway 90 and travel to Highway 87 also called Stewart Street at the Burger King restaurant.

Turn left. Travel .8 miles to the Milton High School.

Turn to the right onto Highway 191 also called Munson Highway.

Continue 19.5 miles until you reach Highway 4.

Turn to the right onto Highway 4 and travel 2.7 miles to a Hurricane Lake sign and turn to the left.

Continue north on this road 5.6 miles until you see the South Hurricane Lake sign. Turn right and follow Kennedy Bridge Road 2.4 miles to the entrance road of the campground.

5.

Karick Lake North Campground

Eight-yard container, weekly pick-up

From Interstate 10 take Exit 56.

Travel Highway 85 northbound to Highway 90 in Crestview.

Turn to the left and head west to Milligan.

At Milligan turn to the right onto Highway 4 to Baker.

On Baker continue heading north.

The road name changes from Highway 4 to Highway 189.

Travel 7.7 miles to the North Karick Lake sign and turn right at the entrance road.

Do not turn at the South Karick Lake sign.

6.

Karick Lake South Campground

Eight-yard container, weekly pick-up

From Interstate 10 take Exit 56.

Travel Highway 85 northbound to Highway 90 in Crestview.

Turn to the left and head west to Milligan.

At Milligan turn to the right onto Highway 4 to Baker.

On Baker continue heading north.

The road name changes from highway 4 to Highway 189.

From Baker travel 6.9 miles to the South Karick Lake sign and turn right at the entrance road.

7.

Coldwater Recreation Area

Eight-yard containers, weekly pick-up

Six-yard container, weekly pick-up

From I-10 take exit 22 for FL-281 N toward Milton/Gulf Breeze.

Head North on FL-281 N (Avalon Blvd.) for 4 miles to US-90 E (Caroline St.) and turn Right.

Go to Highway 87 (Stewart Street) at the Burger King restaurant and turn left.

Go .8 miles to the Milton High School and turn right on Highway 191 (Munson Highway.)

Continue 14 miles to the Coldwater Recreation Area sign.

Turn left and follow the pavement 5.5 miles to the facility.

From the west on State Road 4, drive 2 miles past the 4-way stop at the Berrydale Intersection of State Road 87 and state Road 4.

Turn right on Gordon Land Road.

Travel 4.5 miles to the facility.

8.

Blackwater Forestry Center

Eight-yard container, weekly pick-up

Six-yard container, weekly pick-up

From I-10 take exit 22 for FL-281 N toward Milton/Gulf Breeze.

Head North on FL-281 N (Avalon Blvd.) for 4 miles to US-90 E (Caroline St.) and turn Right.

Go to Highway 87 (Stewart Street) at the Burger King restaurant and turn left.

Go .8 miles to the Milton High School and turn right on Highway 191 (Munson Highway.)

Continue 21 miles to the Blackwater Forestry Center office. You should see a fire tower at this location.

Located ¼ mile south of the Munson crossroads of Highway 191 and…