ITB FFS 24 25 107 Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 24 25 107

Title: Babcock Ranch Preserve Nuisance Plant Herbicide Treatment

Britne’ Hill, 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 24 25 107

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for herbicide maintenance treatment of nuisance plants on approximately 5,370 acres within the Babcock Ranch Preserve, located in Charlotte County, Punta Gorda, 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 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 February 21, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Mandatory Site Visit February 27,2025 9:00am

Babcock Ranch Preserve Headquarters

8000 SR -31

Punta Gorda, Florida

Last day for written Inquiries to be received by the

Department March 4, 2025

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 March 7,2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due March 14,2025 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

March 17, 2025 10:30am

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

Anticipated Posting of Recommended Award March 20,2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

The Department shall utilize the State of Florida, VIP as the single resource for all ITB and Public https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids

Notice information in accordance with Rule 60A-1.021, F.A.C.

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 are hereby incorporated by reference, and in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance;

2) ITB, including attachments and appendixes;

3) PUR 1001, General Instructions to Respondents; and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

The contractor shall perform initial herbicide treatment of all Florida Exotic Pest Plant Council (FLEPPC) Category 1 non-native invasive plants within approximately 5,370 acres of the Babcock Ranch Preserve located in Charlotte County. Florida (see Appendix I). Please note the estimated acres listed above is for the initial project. The contractor shall provide all labor, tools, transportation and supervision to perform the invasive exotic plant control project as specified herein.

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 https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/1907/file/PUR%201001%20General%20Instructions%20to%20Respondents.doc https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf 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 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 wetland.

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 (see Appendix II).

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 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.

2.2 Estimated Quantities

The quantities provided in this ITB are estimates only and are to be used as a guideline. The Department reserves the right to add or reduce the number of acres that require herbicide maintenance treatment of nuisance plants; therefore, the Department assigned purchase order shall be the official determination for final quantities.

2.3 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’s 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.

2.4 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 satisfactorily complete the project may prevent the contractor from being considered for future work projects for a up to three years.

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, as provided below in Section 2.9, Project Period. If adverse weather causes delays the contractor must furnish additional personnel and equipment to make up for lost time and ensure timely completion of the project. A licensed foreman shall be designated in writing by the contractor and will remain at the work site during treatment operations.

Treatment operations cannot stop for a period longer than 48 consecutive hours without prior approval of the project manager. The contractor shall provide a crew supervisor that is fluent in both English and the language of the laborers if the labor crew cannot speak and understand English.

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.

2.5 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.

2.6 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 shall not be permitted when sustained winds are greater than 10 miles per hour, in order to prevent drift to non-target species.

2.7 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 sites within the State Forest.

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.

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.

2.8 Mandatory Pre-Bid Conference/Site Visitation

A mandatory pre bid conference for any prospective vendor will be held at 9:00am (ET), on February 27, 2025, at the Babcock Ranch Preserve Headquarters 8000 SR -31 Punta Gorda, Florida. 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”).

2.9 Project Period

The anticipated contract period for 2025 shall be upon execution of the state purchase order through June 15, 2025. 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 should begin upon receipt of the purchase order (weather permitting) and contract manager approval.

Treatment evaluation will begin 30 days after project completion. Retreatments shall be fully completed within 60 days of notice.

2.10 Licensing

Vendors 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.

Vendors 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.

2.11 Past Performance/References

The bid response must contain names, addresses, phone numbers and email contacts for three

(3) of the Respondent’s most recent completed projects from the last five years similar in project size and scope as the work outlined in Section 2.1, Scope of Work. (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 vendor. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends, state holidays or other closures.

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

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 as 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 for official meetings, questions, and all matters pertaining to this ITB from the date of the release of the ITB until the Department’s Notice of Agency Decision is published on the VIP.

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

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

Procurement Officer:

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

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

THE SUBJECT LINE OF THE EMAIL**

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

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov

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

• 76121702 - Chemical Treatment 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 order or contract. This may be completed by the vendor post-award and is not something which the Department will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

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

3.8 Instructions for Bid Submittal

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

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

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

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

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

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

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

5) Late bids will not be accepted.

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

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

3.9 Vendor Acknowledgement

By submission of a signature on the Department’s Acknowledgment Form, the vendor certifies that they comply with all terms and conditions contained herein. The bid must contain the original signature of an authorized representative who can legally bind the vendor. The services offered by the vendor will conform to the specifications of this ITB without exception. Vendors must include Attachment C - Acknowledgement Form, with its bid response.

3.10 Price Sheet

Vendor shall complete, sign, date and return Attachment D - Price Sheet. Bid prices must be firm and be inclusive of all services, packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

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

If 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 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 nor accept 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 expressly 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, including renewal years, 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.

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 pursuant to section 287.057(6), F.S.

3.18 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the 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

Section 287.057(19)(c), F.S., states, “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 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.

3.22 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.

3.23 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.

3.24 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.

3.25 Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed at the following physical address:

Agency Clerk Florida Department of Agriculture and Consumer Services 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 Notice of Protest or Formal Written 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 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 expressly accepted by the Department in writing, the Department’s purchase order terms and conditions shall prevail: FDACS-01341 Terms and Conditions.

4.2 Required Vendor Certification

Any vendor submitting a response to this ITB MUST complete and sign Attachment G – Vendor Certification and include it in its bid submission.

Certification and attestation forms marked as required in Attachment G – Vendor Certification, MUST be submitted to the FDACS Contract Manager within 10 business days of the effective date of the purchase order or contract. The Contractor shall submit the completed forms required in the Vendor Certification Form to the FDACS Contract Manager.

4.3 Modification after Contract Execution

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

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

4.4 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.

4.5 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.

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

4.7 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.

4.8 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.

4.9 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.

4.10 Employment of Unauthorized Aliens

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The awarded vendor avers that it is registered in the E-Verify system and further agrees to comply with the provisions of Section 448.095, F.S.

4.11 National Defense Authorization Act

By submission of a bid response, the vendor hereby represents and warrants that it shall comply with the Federal Acquisition Regulation 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment pursuant to the National Defense Authorization Act.