ITB FFS 23 24 78 Babcock Ranch .pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 23 24 78

Title: 2023-2024 Babcock Ranch Preserve Initial Exotic Plant Treatment

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 78

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to establish a contractual services agreement for herbicide treatment of invasive exotic plants within 1,831 acres of Babcock Ranch Preserve (BRP) located in Charlotte County, Florida. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Purchase Order are conducted pursuant and subject to Chapter 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

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

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

1.2 Timeline of Events

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

EVENT DATE/TIME (ET) LOCATION

Release of ITB February 06, 2024 Vendor Information Portal

Site Visit (Mandatory) February 13, 2024

09:00AM

8000 SR 31

Punta Gorda, FL. 33982

Last day for written Inquiries to be received by the Department

February 20, 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

February 23, 2024 Vendor Information Portal

Sealed Bids Due

February 28, 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

February 29, 2024

9:30AM

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

Anticipated Posting of Recommended Award

March 05,2024 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal (VIP) as the single resource for all ITB, Public Notice information in accordance with Rule 28-102.001 F.A.C.

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

1.3 Public Opening

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

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

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

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

1.4 Special Accommodations

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

1.5 Mandatory Requirements

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

1.6 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

The contractor shall provide all labor, tools, transportation and supervision to perform the invasive exotic plant control project as specified herein.

GENERAL: The contractor shall perform initial herbicide treatment of all Florida Exotic Pest Plant Council (FLEPPC) Category 1 non-native invasive plants within approximately 1831 acres of the Babcock Ranch Preserve located in Charlotte County, Florida (Appendix I).

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

Non-native invasive plants are scattered throughout the treatment area. Coverages range from less than 1% to 50%. These locations do not represent all species that may be present. The contractor must cover the entire project area. The project area boundaries will be identified by road, service road, natural boundaries, flagging attached to adjacent trees, timber marking paint and/or GPS/GIS file. Treatment areas and boundaries will be reviewed with the contractor prior to the beginning of work, and GIS (ESRI shapefiles) will be provided at the request of the contractor.

The contractor must use spraying equipment acceptable to the FFS as specified herein to treat all Category I invasive exotic plants listed on the FLEPPC 2019 https://floridainvasivespecies.org/plantlist.cfm List of Invasive Plant Species within the project area. Invasive species most likely encountered in the treatment area include: Brazilian pepper, Caesar weed, old world climbing fern, cogon grass, torpedo grass and melaleuca.

Access to all sites, types of vehicles used, and work areas must have prior approval by the project manager or their designee. Off-road vehicles will have much greater access to locations than street vehicles. Access off-road will be necessary and will be permitted along routes approved by the project manager; those areas and/or routes that are not approved for vehicle use will require access on foot. Proper care will be taken if vehicles will be used to cross a wetlands.

Contractor’s locks will be used on gates to needed trails, allowing access to the trails; the gates will be kept closed unless specified by the project manager. The contractor will remove his/her locks after completion of the treatments. There are no public hiking trails in the treatment block.

The block is within a private hunting lease. The contractor is not allowed to hunt.

The contractor is responsible for collecting the following data: treatment date; treatment location (treatment area worked in longitude and latitude); control method; herbicide mix and volume used; number of applicators; hours worked and weather conditions. The contractor will also collect GPS data information detailing the area worked each day, in the form of GPS tracks. On a weekly basis, the contractor will provide to the project manager all GPS units so that GPS tracks for the previous week can be downloaded and archived.

The contractor will supply all transportation, labor, equipment, tools, supervision and personal protective equipment (PPE) required for their staff to complete the task successfully and provide the application services in accordance with the specifications listed herein. No materials, labor or equipment will be furnished by the FFS unless specifically identified. The contractor must furnish all herbicides, non-ionic surfactant, if needed and blue or red marking dye. Nearest water source areas will be established and approved by the project manager for the treatment area, based on water levels. The contractor will supply pumps and equipment necessary to draw the water. Large water containers or large batch mixes will be permissible. Water can be obtained at the Babcock Ranch Preserve fire tower site. Contractor employees shall use all appropriate safety gear while engaged in spraying operations and follow all label directions for herbicides. All equipment used must be approved by the FFS project manager or other designated FFS official. Equipment will be decontaminated and free of invasive plant material prior to moving onto a new site.

Herbicide shall only be applied within the treatment area identified. Applications of herbicide must be performed in such a manner as to protect non-target organisms, the environment and the public. The contractor has full responsibility for systematically treating all designated plants in the project area. The project area should be treated completely (100% coverage), and a minimum of 95% of the plants treated must be dead within three months of the completion of the project.

Areas not treated or not responding to treatment may be required to be retreated at the contractor’s expense if it is determined that the contractor provided faulty treatment measures, as https://floridainvasivespecies.org/plantlist.cfm evidenced by lack of dye on target vegetation or lack of visitation by GPS tracks. A spray indicator (dye) will be used to make identification of treated stems easier.

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

2.2 Treatment Specification and Instructions

Due to the presence of many natural community types that are hydric in nature, the contractor must utilize aquatic/wetland labeled products, as needed, where standing water exists. If there is no standing water in the treatment area at the time of treatment, upland-labeled herbicides can be used, or surfactant can be added to the aquatic-labeled herbicide mix to increase the effectiveness of the herbicide.

The recommended treatment methods are outlined below.

• Large woody plants and vines Treatment of large woody plants and vines shall either be cut stump or frill/girdle/hack-and-squirt application of 50% Triclopyr 3A with water. The site of the cut in the cut stump treatments must be above the expected high-water level. In areas of melaleuca infestation, a 25% glyphosate/10% imazapyr mix shall be used instead. Surfactants shall be added to aquatic-labeled herbicides, or upland-labeled herbicides shall be used, if no standing water is present at time of treatment.

A dye shall be used to make identification of treated stems easier. The contractor should make every effort to avoid damage to native vegetation and wildlife. To reduce labor cost, treated vegetation shall be left standing to decompose on site, except for cut stump applications of herbicide where felling the tree is required.

• Herbaceous plants and vines, small woody plants and vines A solution of 2-4% glyphosate shall be used on herbaceous plants and vines, small woody plants and vines, spraying foliage as much as possible but not allowing for runoff of foliage.

Up to 0.5% imazapyr can be added to facilitate kill of cogon grass. Care should be taken to avoid non-target damage with the use of imazapyr. Surfactants shall be added to aquatic-labeled herbicides, or upland-labeled herbicides shall be used, if no standing water is present at time of treatment. Brazilian pepper may be treated using a basal bark treatment with a mix of up to 15% Triclopyr ester and penetrating oil. This treatment option should be avoided where standing water is present.

• Seedlings and saplings Seedlings and saplings shall be hand pulled and left hanging on other vegetation or put in a pile and sprayed with the aforementioned glyphosate herbicide mix to reduce the possibility of re-sprouting within the pile. When conditions dictate, seedlings and saplings shall be treated with herbicide, as approved by the project manager.

Mixing and storage areas will be established and approved by the project manager. The contractor will dispose of all trash and herbicide containers off-site. Herbicide rinsing will be managed per label directions.

The contractor will strictly adhere to all herbicide label application; precautionary and safety statements and shall be familiar with and adhere to the Department safety requirements. The contractor shall also adhere to all federal, state and local regulations governing the application, transportation, storage, use and disposal of products utilized in the performance of this agreement.

2.3 Other Requirements

Site acreage may be adjusted (increased or decreased) if additional allotted funds exist after the bidding process or the quoted price per acre exceeds the available allotted funds.

Contract Manager may break project into treatment units in the event of funding limitations or weather constrictions.

Failure to complete the project may prevent the contractor from being considered for future work projects. This will be decided on a case-by-case basis after discussion with the contractor regarding the issue(s).

The contractor shall permit Department personnel to confirm chemical concentrations and application rates per acre. The contractor must provide the project manager with copies of daily herbicide application records, if requested.

All equipment will be operated in a manner to cause the least disturbance to the soil. All equipment must be properly cleaned and free of all dirt and vegetation prior to treatment as to not introduce invasive plant species to Babcock Ranch Preserve. The project manager reserves the right to inspect equipment prior to awarding bids.

The contractor shall have an on-site crew supervisor, who shall hold a valid FDACS pesticide applicator license in the natural areas weed management category, on site whenever work is performed. The on-site supervisor shall be responsible for crew safety and all crew activities while on the site. The contractor shall provide the name of the on-site crew supervisor, his/her cell phone contact number and a copy of his/her FDACS pesticide applicator license before work is performed.

The contractor will furnish sufficient personnel and equipment to complete the project in the time allowed. If adverse weather is a problem, the contractor must furnish additional personnel and equipment to make up for lost time and ensure timely completion of the project. A competent foreman shall be designated in writing by the contractor and will remain at the work site.

Operations 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 the contractor is using laborers which do not speak the English language, the contractor shall provide a crew supervisor that is fluent in both the English language and the language of the crew.

FFS will not be responsible for freeing stuck machinery. The contractor must have the ability and resources to free machines that become stuck without causing excessive damage to the soil, vegetation, trees and/or forest infrastructure.

2.4 Site Clean Up

Upon completion of services, the contractor shall remove all trash and debris from the site and leave area in same condition as provided by the Department. The Department's trash facilities shall not be used for the disposal of any products used in the completion of these services. All debris created by the contractor in conjunction with these services shall be hauled away and disposed of appropriately. The Department will not pay for hauling, dumping, tipping, trash, hazardous waste fees or other related waste fees.

2.5 Weather Conditions

Rain: Herbicide application will not be allowed during rainy conditions. Areas receiving rainfall within less than three hours following treatment may require retreatment at the discretion of the project manager.

Fog: 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.

Wind: Herbicide application will not be permitted when sustained winds are greater than 10 miles per hour, in order to prevent drift to non-target species.

2.6 Resource Protection

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

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

2. Protection of archeological/historical resources: The contractor, 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.

3. Protection of faunal species: The contractor shall use every precaution necessary to prevent disturbing and harassment of wildlife encountered on state managed lands.

The willful killing of any animal species (i.e. amphibians, birds, fish, mammals or reptiles) while working on state managed lands will not be tolerated. Violations will void the contract and the contractor may be subject to prosecution under appropriate wildlife laws.

4. Protection of streams, lakes, reservoirs and wetlands: Contractor shall use every precaution necessary to prevent pollution of streams, lakes and reservoirs by fuels, oils, other chemicals, silt or other harmful materials. All streams, lakes and reservoirs shall be kept free of contractor-generated debris. Contractor shall use every precaution necessary to prevent pollution of wetlands and ditches, by fuel, oils, other chemicals, silt or other harmful materials. All wetlands and ditches will be kept free of contractor-generated debris.

5. 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.

2.7 Mandatory Pre-Bid Conference / Site Visitation

A mandatory pre bid conference for any prospective bidder will be held at 9:00AM (ET), on February 13, 2024 at the 8000 SR 31 Punta Gorda, FL. 33982. Prospective bidders/contractor must contact: Carl Conrath (941) 676-6466 to schedule to attend.

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 respondent who did not attend the mandatory pre-bid conference will not be considered. The purpose of this conference will be to clarify the contents of this bid 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 bid (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 bid terms, conditions, plans or specifications must be stated in writing in the form of an addenda issued through the Department’s purchasing office (see section titled “ADDENDA”).

2.8 Project Period

The anticipated project period shall be upon execution of the state purchase order through June 01, 2024. The start and end dates may be changed by the Site Manager or his/her designee if field conditions are not suitable for effective treatment. The initial treatment (Appendix II) should begin upon receipt of the purchase order (weather permitting) and contract manager approval.

Treatment evaluation will begin 30 days after project completion. Retreatments will need to be done within 60 days of notice.

2.9 Licensing

Bidders shall furnish all appropriate certification and licensing pertaining to this job including a copy of their state of Florida restricted use pesticide applicators license, issued under Chapter 487, Florida Statutes, with their bid response. All certifications, licenses and permits shall be valid through the contract period. Failure to provide proof of license may result in the rejection of your bid.

Bidders shall possess and provide proof of a certified commercial applicators license in either the natural areas weed management or the aquatic category. Ground crew supervisors that are assigned to this project shall possess and provide proof of a certified commercial applicators license in either the natural areas weed management or the aquatic category.

Contractor shall maintain valid certifications, licenses, and permits required for the services prescribed above.

2.10 Past Performance/ References

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

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

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

It is the responsibility of the contractor to ensure that all submitted references are verified. The

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

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

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

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001, are incorporated in this ITB by reference and available at:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ to_Respondents.pdf. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

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

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

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

The Procurement Officer for this ITB is:

Brittany Harvey, Procurement Officer Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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

NUMBER IN THE SUBJECT LINE OF THE EMAIL**

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

3.4 Addenda

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

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

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system. 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 Procurement:

• 70141604- Herbicide Services

• 76121702- Chemical Treatment Services

3.6 Vendor Substitute W-9

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

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

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

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

3.7 Cost of Bid Preparation

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

3.8 Instructions for Bid Submittal

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

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

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

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

4) Late bids will not be accepted.

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

Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

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

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

3.10 Price Sheet

The bidder 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 as specified herein.

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

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

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

3.11 Vendor Generated Terms and Conditions

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

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

3.12 Public Records

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

3.13 Disclosure of Bid Submittal Contents

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

3.14 Bid Opening

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

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

3.15 Bid Evaluation

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

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

3.16 Basis of Award

An award shall be made to the responsive and responsible bidder with the lowest Firm Fixed 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 bidder with the lowest Firm Fixed Total Price is found non-responsive, the Department may proceed to the next responsive bidder with the lowest Firm Fixed 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 Replies

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

287.057 (6) F.S.

3.18 Bid Rules for Withdrawal

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

3.19 Verbal Instruction Procedure/Discussions

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

3.20 No Prior Involvement and Conflict of Interest

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

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

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

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

3.21 Scrutinized Companies and Prohibited Business Activities

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

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

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

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

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

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

3.23 Identical Tie Bids

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

1. CERTIFIED MINORITY BUSINESS ENTERPRISE

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

2. COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE

GIVEN PREFERENCE

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

3. CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, bidders must provide Attachment 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, Florida Statutes, any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Bidders must provide proof in their bid response to receive this preference.

5. FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT

PREFERENCE

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

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

3.24 Disqualification of Bidders

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

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

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

3.25 Rejection of bids

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

3.26 Protest Procedures

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

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order or Contract Terms and Conditions

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

4.2 Modification after Contract Execution

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

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

4.3 Renewal

The purchase order/ contract awarded as a result of this ITB may be eligible for three (3), one-year renewals contingent upon satisfactory performance of the Contractor and the mutual agreement of the parties. The bidder agrees to hold firm to the initial and renewal pricing as specified in the price sheet.

4.4 Liquidated Damages

If the work is not completed on the date fixed for completion in the awarded contract as a result of https://forms.fdacs.gov/01341.pdf act(s) or omission(s) within the reasonable control of the respondent, the respondent shall pay to the Department, as liquidated damages for such delay and not as a penalty, one hundred dollars ($100) for each calendar day elapsing between the date fixed for completion and the actual date of completion. Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

4.5 MyFloridaMarketPlace Transaction Fee

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

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

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

4.6 Public Entity Crimes

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

4.7 Discrimination Statement

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

4.8 Antitrust Statement

A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not…