ITB FFS 23 24 106_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 106 Title: Chitty Bend East Japanese Climbing Fern and Chinese Wisteria Twin Rivers State Forest Project

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

Tallahassee, FL 32399-0800 Bids@FDACS.gov

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

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 23 24 106

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain a contractual services agreement for the treatment of Japanese Climbing Fern and Chinese Wisteria invading Chitty Bend East Tract within Twin Rivers State Forest located in Hamilton County, FL. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the purchase order are conducted pursuant and subject to Chapter 287, Florida Statutes (F.S.), and Rule 60A-1, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors 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 May 9, 2024 Vendor Information Portal

Site Visit Mandatory May 15, 2024

9:00AM

Chitty Bend East Entrance 2255 NW 34th Street

Jennings, Florida 32053

Last day for written Inquiries to be received by the

Department

May 17, 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 May 21, 2024 Vendor Information Portal

Sealed Bids Due May 30, 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

May 31, 2024

9:30AM

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

Anticipated Posting of Recommended Award

June 4, 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 mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids 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 will issue a purchase order for the herbicide treatment of invasive species, Japanese Climbing Fern (Lygodium Japonicum) and Chinese Wisteria (Wisteria Sinensis), that is invading the Chitty Bend East Tract within Twin Rivers State Forest located in Hamilton County, FL. The treatment area is approximately 124 acres with Japanese Climbing Fern and Chinese Wisteria scattered throughout the treatment area covering between 30% - 40% of the requested treatment area.

The treatment is required to control the above-named species within the forest and fire lines on the Chitty Bend East Tract with work performed in accordance with the specifications listed herein.

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

2.2 Vendor Requirements

This vendor must furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required to apply herbicide treatment for the approximate acreage as listed herein.

The vendor must use spraying equipment acceptable to the Florida Forest Service (FFS) as specified herein and treat all Japanese Climbing Fern and Chinese Wisteria found within the designated area. The Department will not furnish materials, labor, or equipment for the herbicidal treatment and no herbicide, surfactants, or dye will be provided by the FFS. Water is unavailable at the site.

2.3 Equipment and Personnel Requirements

The Contractor must furnish sufficient personnel and equipment to complete the project in the time allowed. A competent foreman shall be designated in writing by the vendor and will remain at the treatment area.

The Contractor must be equipped with a minimum of the following herbicide application equipment: Backpack sprayers with three (3) gallon minimum capacity, UTVs, tank sprayer, chainsaw/loppers, and adjustable bronze-style nozzles.

The Contractor must supply all appropriate personal protective equipment for herbicide applicators.

If the Contractor is using laborers who do not speak English, the Contractor shall provide a crew foreman that is fluent in both English and the language of the laborer.

Herbicide application cannot stop for a period longer than 48 consecutive hours without approval of the Project Manager. Personnel problems must be resolved to ensure delays are minimized. If adverse weather is a problem, the contractor must furnish additional personnel and equipment to make up for lost time and ensure timely completion.

The FFS Project Manager, or their designee, has the authority to stop work if the treatment is not being completed as specified. Work will not continue until the deficiency(s) are corrected.

2.4 Treatment Area and Reporting Requirements

The treatment area will be identified by the Project Manager with the awarded vendor prior to the start of work/herbicide application. The treatment area boundaries and known treatment points for the area will be identified by GPS/GIS lines and points (see attached maps). The vendor shall permit FFS personnel to confirm chemical concentrations and application rates per acre. The vendor will be required to identify and document treatment area for each day worked. A Garmin brand GPS or other compatible GPS will be required to collect daily tracks from the time the vendor enters and exits the treatment area to verify work completed. This data must be provided to the Project Manager on a weekly basis in a form compatible with ESRI ArcMap. A daily treatment report (State Lands Herbicide Treatment Form-Attached Form) will be provided to the Contractor that corresponds to the GPS data is to be provided weekly to the Project Manager detailing sites treated and chemical quantities used.

2.5 Access to Treatment Area

Access to the treatment area, types of vehicles used, and work areas must have prior approval, by the Project Manager or their designee. Vehicles designed and able to travel off-road will have greater access to the treatment area than street vehicles. Access away from named roads will be required and will be permitted along all fire lines. Vehicles shall not be used to access or cross wetlands. Many of the fire lines may require the use of 4-wheel drive or the use of off-highway vehicles. Vehicles should remain on roads and fire lines, but trails will require traveling on foot.

Currently, all the access points to the parcel are gated. Since the FFS has gates that restrict vehicle access to the treatment areas, the contractor will be given access and gate combinations for access to the treatment area until project completion. The gates will be kept closed and locked unless specified otherwise by the Project Manager. The contractor shall remove all material, equipment, and vehicles daily, unless alternatives are approved in advance by the Project Manager.

2.6 Herbicide Mixing and Storage

Mixing and storage areas will be established and approved by the Project Manager, and maps will be provided identifying these areas. The vendor will dispose of all trash and herbicide containers off-site. Herbicide rinsing will be managed per label directions.

The nearest water source areas will be established and approved by the Project Manager for the treatment area and based on water levels. The vendor will supply pumps and equipment necessary to draw the water. Large water containers or large batch mixes will be permissible.

Water can also be obtained at the Live Oak Forestry Station (7620 133rd Rd., Live Oak, FL 32060).

Herbicide will only be applied to areas within the treatment area boundaries indicated on the attached map(s). Contractors will be required to treat all Japanese Climbing Fern and Chinese Wisteria found within the boundaries of the treatment area as shown on the attached map(s). The vendor will be responsible for treatment of 100% of found invasive species within the treatment area boundaries described herein to prevent resprouting. All control efforts shall be at least 95% effective in preventing re-growth of Japanese Climbing Fern and Chinese Wisteria within the treatment area. If 95% kill rate is not achieved for any treatment area after the herbicide treatments, one additional thorough treatment of Japanese Climbing Fern and Chinese Wisteria within the treatment area will be required by the Department and will be the responsibility of the vendor at no additional cost to the Department or FFS. Upon completion, the vendor can invoice for 90% of the completed treatments with 10% retained until retreatment is completed or otherwise determined to no longer be needed by the Project Manager. The Project Manager’s decision as to the overall effectiveness of the treatment is final.

2.7 Specifications and Requirements for Herbicide Application

The treatment area will require the vendor to conduct two (2) herbicide treatments. For Japanese Climbing Fern, the preferred initial treatment method requires application of two percent (2%) aquatic labeled glyphosate, an organosilicone sticker/surfactant, and marker dye to reduce skips.

The second treatment would require two percent (2%) aquatic labeled glyphosate, organosilicone sticker/surfactant, marker dye, and imazapyr 50 oz/100 gal (~0.39%) applied with caution around non-target species.

For Chinese Wisteria, the preferred initial treatment would require application of four percent (4%) aquatic labeled glyphosate and one percent (1%) organosilicone sticker; stems will be cut and sprayed from the cut surface of the living stems down to the ground. The preferred second treatment for Chinese Wisteria is a Basal Bark treatment with 20% triclopyr ester, and 80% basal oil, with treatment of up to 12 inches on each basal stem.

All treatments must be completed no later than August 31st, 2024. The vendor’s bid shall provide the price per acre and a sum total for the entire 124-acre treatment area. First treatment must begin no later than May 15th, 2024, and second treatment must begin no later than August 1, 2024, unless delayed by the Project Manager based on site conditions. Failure to meet the requirements of the purchase order may prevent the vendor from bidding on future contracts for a period of up to three (3) years.

The vendor is required to apply herbicide using adjustable sprayer nozzles (e.g., bronze-type, adjustable nozzles) to reduce non-target spray. Mechanized sprayers and backpack sprayers that can hold at least three (3) gallons is required. The Project Manager may approve the use of all terrain or utility vehicles with mounted spray tanks.

All herbicides are to be used in accordance with label specifications including personal protective equipment, concentrations, and appropriate environmental conditions. The vendor shall be liable for damage resulting from an herbicide spill or contamination.

Herbicide application will only be permitted once the listed invasive species, within the treatment area, has dried of rain or dew. Herbicide application will not be permitted when rain is anticipated within less than two (2) hours following treatment. Areas that receive rainfall within two (2) hours of treatment must be retreated. Herbicide application will not be allowed in fog or when there is a danger of applying the chemicals in a fog bank. Defining fog conditions will be the sole responsibility of Project Manager. The application of herbicide will not be permitted when sustained winds are greater than 10 MPH to prevent drift to non-target species.

2.8 Resource Protection

2.8.1 Protection of archeological/historical resources

The vendor, upon the discovery of suspected archeological or historical material, shall cease to work in the vicinity of such material and immediately notify the Project Manager.

2.8.2 Protection of native communities

Due to the highly aggressive nature of invasive species, the vendor must take care not to further spread any invasive exotic plant on any state forest. No soil disturbing activity may take place in areas infested by invasive plants. The Project Manager will identify all infested areas that must be avoided in the project pre-work meeting. All equipment including but not limited to vehicles, trailers, and UTVs/ATVs must be cleaned with a pressure washer to reduce the spread of exotic vegetation prior to initiating work activities on public lands. All equipment must also be cleaned prior to removing from the treatment sites. Decontamination protocols include spraying down all equipment surfaces including the undercarriage and tires to ensure that mud, sand, dirt muck and vegetative debris and other debris is not transported from the previous treatment site. All hand-held equipment to be used for treatment activities must be wiped down and cleaned so that they are free of debris.

It will be the responsibility of the Project Manager to inspect all equipment prior to work commencing on the first day at the project site, on any occasion that the equipment leaves the project site, and any time during the control operation.

2.8.3 Erosion control

All equipment will be operated in a manner to cause the least disturbance to the soil.

2.8.4 Protection of streams, canal/ditches, lakes, and reservoirs

Contractor shall use every precaution necessary to prevent polluting of waterways by fuels, oils, other chemicals, silt, or other harmful materials. All waterways shall be kept free of Contractor generated debris.

2.8.5 Protection of faunal species

Contractor shall use every precaution necessary to prevent disturbing and harassment of wildlife encountered on these State Forests and other state managed lands. The willful killing of any animal species (e.g., amphibians, birds, fish, mammals, or reptiles) while working on the state forest will not be tolerated. Violations will void the contract and the Contractor may be subject to prosecution under appropriate wildlife laws.

2.8.6 Best Management Practices

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

2.9 Estimated Quantities

The estimated acres are given only as a guideline for preparing bids and should not be construed as representing actual acreage to be treated under the purchase order. Acreage may increase or decrease based on the awarded vendor’s bid price. Any additional acreage will be calculated at the bid price and clarified with the awarded vendor.

2.10 Project Period

The anticipated treatment period of the Japanese Climbing Fern and Chinese Wisteria shall be upon the issuance of a purchase order through August 31st, 2024. The treatment start date may be delayed by the Project Manager or their designee if field conditions are not suitable for effective treatment. The Project Manager may extend the completion date if it’s determined the completion date cannot be met due to conditions outside of the control of the Contractor.

2.11 Mandatory Pre-Bid Conference / Site Visitation

A mandatory pre bid conference for any prospective vendor will be held at (9:00AM) (ET), on (May 15, 2024), at:

Chitty Bend East Entrance 2255 NW 34th Street Jennings, Florida 32053

Vendors are limited to two (2) representatives each and must have the Certification of Site Visitation form (Attachment A - Certification of Site Visitation) signed at this time. Any bid received from a prospective vendor who did not attend the mandatory pre-bid conference will not be considered.

https://ccmedia.fdacs.gov/content/download/78966/file/2021-FL-Silv-BMP-Impl-Survey-Report-Final.pdf https://ccmedia.fdacs.gov/content/download/78966/file/2021-FL-Silv-BMP-Impl-Survey-Report-Final.pdf

The purpose of this conference will be to clarify the contents of this ITB in order to prevent misunderstanding of the Department’s terms, conditions, and specifications for this project. The conference will consist of a session wherein each page of the ITB (including technical specifications) will be discussed. General questions related to the specifications and services for this project will be answered. Any material changes to the ITB terms, conditions, plans, or specifications must be stated in writing in the form of an addendum and will be issued through the Department’s purchasing office (see section titled “ADDENDA”).

2.12 Licensing

The vendor must include a copy of the State of Florida Restricted Use Pesticide Applicators License with its bid submission, either the natural areas weed management or the aquatic endorsement, issued under Chapter 487, F.S. Failure to provide proof of licensure may result in the rejection of a vendor’s bid.

The vendor must have all appropriate certification and licensing to complete the required herbicide treatment. All certifications, licenses, and permits shall be valid through the purchase order term. Failure to provide proof of certifications and licenses may result in rejection of your bid or cancellation of the purchase order. The Contractor shall maintain valid certifications, licenses, and permits through the duration of the treatment services.

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.

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

Responses to written questions will be published on the VIP on or about the date referenced in the Timeline.

Procurement Officer:

Brittany Harvey 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.

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:

• 70141604 - Herbicide Services

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 mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com 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.

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 B - Acknowledgement Form, with its bid response.

3.10 Price Sheet

Vendor shall complete, sign, date and return Attachment C - Price Sheet.

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

No remuneration is available to the 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 B 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 or contract, agreement, or commitment on behalf of the state.

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 D- 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 E - 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.

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

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.

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 F - Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, 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 Purchase Order or Contract Terms and Conditions

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

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.

https://forms.fdacs.gov/01341.pdf https://forms.fdacs.gov/01341.pdf

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.

4.3 Liquidated Damages

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

4.5 MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services (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.

4.6 Public Entity Crimes

A person or affiliate, who has been placed on the convicted vendor list following a conviction for a public entity crime; may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair 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.

4.7 Discrimination Statement

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

4.8 Antitrust Statement

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

4.9 Independent Capacity of Contractor

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

4.10 No Subcontracting

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

4.11 Stop Work Clause

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

4.12 Insurance Requirements

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

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

4.13 Certificate of Insurance

The contractor shall furnish proof of insurance coverage within 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 Florida Forest Service Live Oak Forestry Station 7620 133rd Road Live Oak, Florida 32060

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.

4.14 General…