ITB FFS 24 25 152 R2_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 24 25 152

Title: Florida Forest Service Road Material - Region Two

Brenda Paul, 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 25 152

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Florida Forest Service (FFS), seeks to obtain competitive bids to establish fixed rate Term Agreements, for the purchase and delivery of road material in FFS Region 2 (shown in Appendix I - FFS Map attached hereto). This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of Vendor Term Agreements 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.

FFS Region 2 consists of three (3) District locations as notated on the Appendix I - FFS Map, to include District 6, District 7, and District 8. The FFS intends to award up to five (5) road material Term Agreement(s) for each road material item listed within each of the three (3) Region 2 District locations. Vendors will be required to supply road material at a per ton unit price for all State Forest and Recreation Areas within the boundaries of the awarded District location. See Appendix II - FFS State Forest and Recreation Areas for specific site locations.

The Department intends to make multiple awards as a result of this ITB; however, the Department reserves the right to award in whole or in part, or to make no award, as determined to be in the best interest of the State. As used in this ITB, the term “award” or “awarded” means an award of the Vendor Term Agreement(s) as described in Section 1.6 below.

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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 this Timeline. All times listed are Eastern Time (ET).

EVENT DATE/TIME (ET) LOCATION

Release of ITB April 23, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Last day for written Inquiries to be received by the

Department April 25, 2025

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 April 30, 2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due May 7, 2025

5:00 PM

Florida Department of Agriculture and Consumer Services

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

Public Meeting for Opening of Bids

May 8, 2025

9:30 AM

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

Anticipated Posting of Recommended Award May 15, 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 public 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 https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids https://www.ftri.org/relay 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 Vendor Term Agreement

The Department intends to issue a Vendor Term Agreement (Appendix III) to awarded vendors at the fixed Maximum Price per ton for road material products specified in Section 2.1, for each Region Two District. Term Agreement(s) shall be effective upon execution and shall expire 12 months (1 year) thereafter, unless cancelled earlier in accordance with the terms of the awarded contract. The Department will issue separate project specific, request for quotes and purchase orders for road material product and delivery locations as specified in Section 2.

Upon mutual written agreement, the Department and the Vendor(s), may renew the Vendor Term Agreement(s) on the same terms and conditions on a yearly basis for no more than three years.

1.7 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 Appendixes and Attachments;

3) PUR 1001, General Instructions to Respondents; and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Specifications

Vendors will be required to supply road material at a per ton price for all State Forest and Recreation Areas within the boundaries of the awarded District location. Office addresses are listed for reference within each State Forest and Recreation Area; however, stockpile locations can vary and change frequently. Vendor bid price must be a fixed Maximum Price to reflect any road/recreational area within each Region.

The awarded vendor(s) are required to provide clean material which shall meet all Florida Department of Transportation (FDOT) Standard Specifications (as applicable). All road material shall be free of trash and foreign matter, contain no lumps of aggregate of such nature or in insufficient quantity which will prevent the FFS from obtaining a smooth work surface free from pits and pockets. All road material product shall come from pits or mines that are free of invasive or exotic plant species. FFS personnel will have the right to inspect any pit or mine proposed by the awarded vendor and refuse award or delivery if road material product does not meet required specifications or if invasive or exotic species are present.

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

The Road Material Products:

A) Hardpan

B) Limestone

C) Clay

D) Clay (60%) / Sand (40%) Mix

E) Shell (no clay mixed)

F) Millings (first run only)

G) Pea Gravel

H) #57 Stone (approx. ½” to 1 ½” wide)

I) #2 Stone (approx. 1 ½” to 3” wide)

J) Riprap (approx. 3" to 6" wide)

K) Riprap (approx. 6" to 12" wide)

L) Riprap (approx. 12" to 18" wide)

M) Concrete Blend (pieces ranging from 3/4"" to 1.5")

N) Granite Blend (pieces ranging from 3/4"" to 1.5")

O) Slag Product #1 Size

P) Slag Product #2 Size

Q) Slag Product #3 Size

R) Slag Product #4 Size

Note: Slag refers to a byproduct of the steelmaking process, essentially a solid waste material composed mainly of metal oxides and silicon dioxide.

2.2 Quantities

The Department’s purchase order shall be the official determination for final road material product, quantities, and the required number of deliveries (loads) per day. Road material products unit of measure will be ‘per ton’.

Vendor(s) may be required to deliver a minimum of 10 loads per day. Any minimum load per day requirement will be included in the Department’s purchase order. Any delivery less than the required minimum load per day as defined in the Department’s purchase order will require a written justification from the vendor, and approval from an authorized FFS representative.

2.3 Delivery Instructions

Delivery location and requirements for all road material products shall be specified in the Department issued purchase order. Deliveries shall be made during standard workdays, Monday - Friday from 8:00 a.m. - 5:00 p.m. (excluding weekends, state holidays or other FFS District location closures). The awarded vendor may be required to have an on-site meeting with the local FFS representatives prior to the start of delivery for each purchase order.

2.4 Haul Ticket

Each delivery shall include a haul ticket. The haul ticket must reflect load weight, delivery date, and must be deposited by the driver in the on-site ticket box or with the designated on-site FFS Representative.

The FFS will not be responsible for any material delivered in excess of the amount stated in the purchase order. Any materials delivered above the contracted amount will be at the vendor’s expense.

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 Consumer Services” and click on “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 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:

Brenda Paul Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

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

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

THE SUBJECT LINE OF THE EMAIL**

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

3.4 Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this ITB the information will be published on the Vendor Information Portal as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

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

3.5 MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system. Information about the registration process is available, and registration may be completed, at the MFMP website: Vendor Information Portal (https://vendor.myfloridamarketplace.com/). Interested persons lacking internet access may request assistance from the MFMP Customer Service at

(866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this ITB:

• 30111600 Cement and Lime

• 30111800 Aggregates

• 30121900 Soil Stabilizers and Reinforcing Materials

• 30121700 Road and Railroad Construction Materials

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.

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

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. To expedite the review of bids, it is essential that vendors follow the format and instructions provided below.

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

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

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

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

4) It is the vendor’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in Section 1.2, 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 product offered by the vendor will conform to the specifications of this ITB without exception. Vendors must include Attachment A - Acknowledgement Form, with its bid response.

3.10 Price Sheet

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

– Price Sheet, vendors must provide a fixed Maximum Price (not-to-exceed) price per ton for road material products listed (Items A – R) within the individual column for the items described in Section 2.1, Specifications. This is fixed Maximum Price to include all vendor costs to supply and delivery the road material product to include, but not be limited to, materials, labor, handling, delivery, environmental and fuel service fees, and any other relevant and related charges.

Vendors will be strictly held to their unit bid price. If the vendor(s) intends to assess an additional delivery fee in excess of the price per ton, such additional delivery fee shall not exceed a fixed flat rate of $50.00 per delivery.

Vendors may submit a Bid price on one or more FFS District(s) within Region 2; however, vendors are not required to bid on all road material products or FFS Districts within Region 2.

Vendor(s) shall not submit more than one (1) Bid response per District.

Except as noted above regarding delivery fees, no additional remuneration is available to the vendor beyond the bid price for all specifications, as outlined herein.

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 Attachment B - 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.

For vendors’ convenience, an excel version of the Attachment B - Price Sheet in fillable format is provided as a separate document on the VIP advertisement webpage.

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

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 Section 1.2, 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. Vendors must provide a per unit price per ton for items listed (A - R) on Attachment B - Price Sheet for one or more Districts within Region 2; however, vendors are not required to bid on all road material products or all FFS Districts listed within Region 2.

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 The Florida Based Business Preference

When commodities are to be procured using state funds, pursuant to Section 287.084, F.S., the lowest responsible and responsive vendor whose principal place of business is located within the State of Florida is entitled to a preference over the lowest responsible and responsive bid submitted by a vendor whose principal place of business is located outside of this state. The preference will be determined as follows:

1) If the lowest bid is submitted by a vendor whose principal place of business is located outside of the State of Florida, and that state or political subdivision grants a preference to vendors whose principal place business is with that state or political subdivision, the preference given to the lowest vendor whose principal place of business is within the State of Florida shall be equal to that granted in the other state or political subdivision.

2) If the lowest bid is submitted by a vendor whose principal place of business is located outside the State of Florida, and that state does not grant a preference to vendors having a principal place of business in that state, the preference granted to the lowest responsible and responsive vendor having a principal place of business within the State of Florida shall be five percent (5%).

3) A vendor whose principal place of business is outside of the State of Florida MUST accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. Failure to submit this letter will result in disqualification of the bid.

3.17 Basis of Award

The department intends to make up to five (5) awards per FFS District for each road material product listed. Vendors may submit a Bid price on any road material product listed within the FFS District within Region 2; however, vendors are not required to bid on all products or FFS Districts listed within Region 2.

Vendors must provide the per ton price as specified in Section 3.10. The five (5) vendors who provide the lowest price per ton for each product listed within each District shall be awarded. In the event the vendor(s) with the lowest total road material product price for any District is found non-responsive, the Department may proceed to the next responsive and responsible vendor with the lowest road material product price for that District and continue the award process.

3.18 Less Than Two Responsive Bids

In the event the Department receives less than two (2) responsive bids for commodity or contractual services purchases, the Department reserves the right to negotiate on the best terms and conditions pursuant to section 287.057(6), F.S.

3.19 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.

3.20 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.

3.21 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.

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

Any vendor submitting a response to this ITB should complete and sign form FDACS-01522, Attachment C - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

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

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

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

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

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, F.S., any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Vendors must provide proof in their bid response to receive this preference.

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

Pursuant to Section 295.187(4), F.S., a state agency, when considering two (2) or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), F.S., shall accompany the bid response. Failure to submit proof of certification will result in non-application of the preference.

3.24 Disqualification of Vendors

More than one (1) bid from an individual, firm, partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a vendor is interested in more than one (1) solicitation for the same work will cause the rejection of all bids in which such vendors are believed to be interested.

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

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

3.25 Forced Labor for Commodities Purchases

Pursuant to section 287.1346(4) F.S., at the time a company submits a bid, proposal, or reply for a contract and before the company enters into or renews a contract with an agency for the provision of commodities, a member of the company’s senior management must certify in writing, that to the best of his or her knowledge the commodities the company is offering to the agency have not been produced, in whole or in part, by forced labor.

For a vendor’s bid to be considered responsive, Attachment E – Forced Labor Certification for Commodities Purchases, MUST be completed and included in its bid package. Companies who are recorded on the Forced Labor Vendor List are disqualified from submitting a bid, proposal, or response.

3.26 Rejection of Bids

The Department reserves the right to reject any bid when such rejection is in the best interest of the State of Florida, and the right to reject the bid of a vendor who the Department determines is not in a position to perform the contract.

3.27 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

Physical 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 FDACS to issue purchase orders for the desired road material product as specified in this ITB. Such purchase orders will be issued in accordance with and after receipt of a fully executed Vendor Term Agreement (Appendix III). The FDACS Purchase Order Terms and Conditions shall be incorporated into any final purchase orders: FDACS-01341 Terms and Conditions.

4.2 Vendor Selection for Issuance of a Purchase Order

The FFS will issue a Request for Quote (RFQ) to a minimum of (3) awarded vendors for each FFS project assignment within an assigned District. This RFQ will allow for competitive price quotes from awarded Vendors, which the vendor quote which offers the Best Value to the FFS will be selected. A quote must be submitted by the set date and time to be eligible for award. The RFQ will specify the specific FFS District, product(s), quantity, delivery due dates, and delivery location for Vendors to formulate their best price offer. Vendor’s may offer a reduced price for road material products for each RFQ; however, RFQ prices shall not exceed the fixed Maximum Price listed in the Vendor Term Contract.

Best Value will be the vendor who offers the highest overall value to the State based on factors that include, but are not limited to, total quote price, quality of product, and ability to meet the FFS requested deadline(s).

4.3 Required Vendor Certification

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

Certification and attestation forms marked as required in Attachment F – 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 Vendor shall submit the completed forms required in the Vendor Certification Form to the FDACS Contract Manager.

4.4 Unsatisfactory Commodities

The road material products shall meet the Department’s satisfaction and are subject to the Department’s approval. The vendor bears all risk of loss or damage to the products until the Department has accepted delivery. The Department shall be entitled to return, at the vendor’s expense, any commodities which the Department deems to be unsatisfactory.

4.5 MyFloridaMarketPlace Transaction Fee

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

All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one https://forms.fdacs.gov/01341.pdf 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.

4.6 Public Entity Crimes

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

4.7 Discrimination Statement

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

4.8 Antitrust Statement

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

4.9 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.

4.10 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. Failure to comply or if the vendor knowingly provides funds to any entity prohibited from receiving a contract or award pursuant to the Federal Acquisition Regulation 52.204-25, shall be cause for unilateral cancellation of the Department’s purchase order or contract. Subcontractors shall be verified through the General Services Administration (GSA) Federal Excluded Parties List at https://sam.gov/SAM/.

4.11 Invoicing and Payment

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

Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, as specified on the Department issued Purchase Order. Partial payments may be made upon satisfactory delivery of items and receipt of invoices. Payment will be made based on the per unit bid price or current Vendor Term Agreement price. Payment shall be made in accordance with Section 215.422, F.S.

4.12 Cooperation with the Inspector General

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

4.13 Vendor Ombudsman

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

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

4.14 Modifications after Purchase Order or Contract Execution

Any changes in the specifications, delivery, quantity, or terms of any executed Purchase Order (PO) or Vendor Term Agreement must be agreed upon by the Department and the vendor by written PO change order or Vendor Term Agreement contract amendment.

If the vendor requests an equitable adjustment in the price(s) or delivery date(s), that 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 PO or Vendor Term Agreement contract amendment.

4.15 No Subcontracting

Vendor agrees that all services to be performed under any awarded contract shall be performed solely by the contractor and may not be subcontracted for or assigned without the prior written consent of the Department, which may be withheld by the Department for any reason or granted https://sam.gov/SAM/ subject to vendor’s compliance with one (1) or more of the following: (i) vendor purchasing, at its sole expense, a payment bond in a form and amount that the Department determines to be adequate to protect suppliers of labor and material; (ii) the Department withholding, as retainage, 25% or the highest percent permitted by law, whichever is less, of all payments made to the contractor until contractor submits evidence satisfactory to the Department that all subcontracts and outstanding indebtedness in connection with the services under any awarded contract have been paid for by the contractor; and (iii) vendor disclosing information satisfactory to the Department regarding each subcontractor to perform services under any awarded contract, including a description of the subcontractor’s organization, ability to provide applicable services, cost to perform applicable services, previous work experience, and relationship to the vendor.

Vendor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, F.S.

4.16 Annual Appropriation

The state of Florida’s and the Department’s performances and obligations to pay for services under any contract or purchase order are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement.

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICULTURE

AND CONSUMER SERVICES

INVITATION TO BID

Agency Release Date: SUBMIT BID RESPONSE TO:

Florida Department of Agriculture and Consumer Services Office of General Services - Purchasing Office 407 South Calhoun Street – Mayo Building, Room SB-8 Tallahassee, Florida 32399-0800

FDACS BID Number:

ITB FFS 24 25 152

Bid Due:

Bid Title: Florida Forest Service Road Material - Region Two Bid Opening Date and Time:

**Vendor (Vendor) Name:

**If a fictitious name is used, include registered name (i.e., XYZ, Inc.

DBA ABC)

Vendor Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Typed Name and Title of Authorized Agent

Toll Free Number: *This individual must have the authority to legally bind the vendor to a contractual obligation. By submission of a signature on the response, the vendor certifies that they agree to and shall comply with all bid specifications, terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

VENDOR CONTACTS: Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

District 1

Includes the following counties: Escambia, Santa

Rosa, Okaloosa

District 2

Includes the following counties: Bay, Calhoun, Gulf, Holmes, Jackson, Walton, Washington

District 4

Includes the following counties: Leon, Jefferson, Wakulla, Gadsden, Liberty, Franklin

A) Hardpan $ ____________per ton $ ____________per ton $ ____________per ton

B) Limestone $ ____________per ton $ ____________per ton $ ____________per ton

C) Clay $ ____________per ton $ ____________per ton $ ____________per ton

D) Clay (60%) / Sand (40%) Mix $ ____________per ton $ ____________per ton $ ____________per ton

E) Shell (no clay mixed) $ ____________per ton $ ____________per ton $ ____________per ton

F) Millings (first run only) $ ____________per ton $ ____________per ton $ ____________per ton

G) Pea Gravel $ ____________per ton $ ____________per ton $ ____________per ton

H) #57 Stone (approx. ½” to 1 ½” wide) $ ____________per ton $ ____________per ton $ ____________per ton

I) #2 Stone (approx. 1 ½” to 3” wide) $ ____________per ton $ ____________per ton $ ____________per ton

J) Riprap (approx. 3" to 6" wide) $ ____________per ton $ ____________per ton $ ____________per ton

K) Riprap (approx. 6" to 12" wide) $ ____________per ton $ ____________per ton $ ____________per ton

L) Riprap (approx. 12" to 18" wide) $ ____________per ton $ ____________per ton $ ____________per ton

M) Concrete Blend

(pieces ranging from 3/4" to 1.5") $ ____________per ton $ ____________per ton $ ____________per ton

N) Granite Blend

(pieces ranging from 3/4" to 1.5") $ ____________per ton $ ____________per ton $ ____________per ton

O) Slag Product #1 Size $ ____________per ton $ ____________per ton $ ____________per ton

P) Slag Product #2 Size $ ____________per ton $ ____________per ton $ ____________per ton

Q) Slag Product #3 Size $ ____________per ton $ ____________per ton $ ____________per ton

R) Slag Product #4 Size $ ____________per ton $ ____________per ton $ ____________per ton

* If outside of the State of Florida, attach a written opinion of attorney, per Section 287.084, Florida Statutes, and "THE FLORIDA BASED

BUSINESS PREFERENCE" section of the bid document. Failure to submit this letter will result in disqualification of the bid.

VENDOR NAME:

SIGNATURE (MANUAL):

SIGNATURE (PRINTED):

* VENDOR PRINCIPAL PLACE OF BUSINESS:

Road Material Product

ATTACHMENT B

ITB FFS 24 25 152

Vendor Shall Not Alter the Price Sheet in Any Way

Vendors: provide a PER TON price for items (A - R). No other unit of measure will be accepted. Vendors do not have to bid on all products or Districts listed.

ATTACHMENT C

Florida Department of Agriculture and Consumer Services

Division of Administration

CERTIFICATION REGARDING LOBBYING;

DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

FOR EXPENDITURE OF FEDERAL FUNDS LOBBYING

As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $100,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of…