ITB FFS 24 25 18_Draft_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 24 25 18 Title: 2024 Aerial Site Preparation Herbicide Application

Tate’s Hell State Forest

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

Tallahassee, FL 32399-0800 Bids@FDACS.gov

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

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 24 25 18

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 for the aerial site preparation herbicide application within Tate’s Hell State Forest, located in Franklin County, Florida. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Purchase Order are conducted pursuant and subject to Chapter 287, Florida Statutes (F.S.), and Rule 60A-1, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors 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 August 6, 2024 Vendor Information Portal

Site Visit (Recommended) August 7 - 13, 2024

7:00am - 3:30pm Monday - Friday

Please refer to attached maps for locations.

Last day for written Inquiries to be received by the

Department

August 16, 2024

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to Vendor

Inquiries August 21, 2024 Vendor Information Portal

Sealed Bids Due September 4,2024

5:00PM

Florida Department of Agriculture and Consumer Services

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

Public Meeting for Opening of Bids

September 5, 2024

9:30AM

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

Anticipated Posting of Recommended Award

September 10, 2024 Vendor Information Portal

The Department shall utilize the State of Florida, VIP as the single resource for all ITB, Public Notice information in accordance with Rule 60A-1.021, F.A.C.

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

1.3. Public Opening

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

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

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

1.4. Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact the Procurement Officer at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at (800) 955-8771 (TDD) or visit https://www.ftri.org/relay for assistance.

1.5. Mandatory Requirements

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

1.6. Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance;

2) ITB, including attachments;

3) PUR 1000, General Contract Conditions; and

4) PUR 1001, General Instructions to Respondents.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

This ITB requests a vendor to provide aerial herbicidal treatment to approximately 369 acres. The rate and herbicide to be applied per acre is 64 ounces of Garlon XRT, 36 ounces of Chopper Gen 2, and 32 ounces of non-ionic surfactant. The tank mixture will be applied at the rate of 15 gallons of mixture per acre, using water as the carrier. All work must be performed to FFS specifications.

Please see APPENDIX I, for treatment area maps for specific site locations.

Tate’s Hell State Forest is certified under the Sustainable Forestry Initiative’s 2022 Forest Management Standard (Certification# NSF-SFI-FM-C0245755).

Contractor shall furnish all labor, equipment, and materials necessary to successfully provide the https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf application services in accordance with the specifications listed herein.

No materials, labor, or equipment will be furnished by the Florida Forest Service (FFS), unless specifically identified. Contractor must use application equipment acceptable to the FFS (as specified herein).

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

2.2. Technical Specifications

It is strongly encouraged that any and all potential vendors make a site visit to all areas prior to placing a bid.

2.2.1. General

The vendor must furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required to mechanically apply herbicide at the specified rates on the approximate acreage as listed herein.

No materials, labor, or equipment will be furnished by the FFS, Forester-in-Charge, unless specifically identified. The contractor must use equipment acceptable to the FFS (as specified herein).

2.2.2. Description and Location

The areas for treatment will be scheduled and identified by the FFS with the Contractor.

The tracts to be covered by this ITB are within the boundaries of Tate’s Hell State Forest, located in Franklin County, Florida. Chemicals will only be applied to the work areas indicated on the attached maps (APPENDIX I). The site boundaries will be identified by woods roads, firebreaks, stand edges or other methods as discussed with the Contractor.

This will be reviewed with the successful Contractor prior to treatment.

2.3. Equipment and Personnel Requirements

The equipment used in the performance of the work will be of the proper size and type and in such operating condition to accomplish the required work safely and successfully as specified above. Adequate safety measures will be observed to comply with all applicable federal safety requirements. The Forester-in-Charge may order the removal or replacement of any unsatisfactory equipment. Should the contractor's equipment break down, it will be repaired, replaced, and/or removed from the site within three (3) working days. Operations shall not remain idle for more than 48 consecutive hours without the approval of the Forester-in-Charge.

Personnel problems must be resolved immediately to ensure delays are minimized.

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.

Aerial application must be conducted by helicopter and the applicator should be familiar with, and follow, all drift management requirements on the herbicide labels.

2.4. Site Description

These sites were sand pine clearcuts to be replanted in longleaf and wiregrass. The terrain is upland sandhills that are mainly flat to gently sloping. Target species are mainly ground level oaks, including but not limited to post oak, southern red oak, turkey oak and sand pine.

2.5. Treatment Specifications

Aerial application of a tank mix of 64 ounces of Garlon XRT (83.9% triclopyr ester), 36 ounces of Chopper Gen 2 (26.7% imazapyr), and 32 ounces of non-ionic surfactant per acre to an estimated 369 acres. Equivalent products may be used but first must be approved by the Forester-in-Charge. The tank mixture is to be applied at the rate of a minimum 15 gallons of mixture per acre, with water as the carrier.

Chemicals shall be applied at the specified rate and in accordance with the labeling of the product. All chemicals are to be applied in such a manner that private property is unaffected. A one (1) chain (66 foot) buffer strip will be left along all State Forest boundaries. Any additional buffers necessary will be determined by the Forester-in-Charge and relayed to the contractor.

The contractor shall track application coverage with GPS to ensure uniform coverage. The contractor shall provide a minimum of 95% application coverage of designated areas. streaking must be kept to a minimum and skips or streaks must be treated at no cost to the Florida Forest Service. Lack of 95% effective coverage may prohibit contractor from bidding on future projects for the FFS.

The contractor shall permit FFS personnel to confirm chemical application rates per acre. The contractor is to show the Forester-in-Charge the sealed herbicide containers prior to application and the empty containers following completion of the project.

The contractor shall carry a minimum of $100,000 chemical drift control liability insurance, per occurrence. Evidence of such coverage must be provided to the Department prior to final execution of Project.

The resulting purchase order of this ITB may be cancelled if weather conditions warrant.

2.6. Weather Conditions

2.6.1. Fog

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 the Florida Forest Service personnel.

2.6.2. Rain

Application will not be allowed during rainy conditions or when rain is expected within three (3) hours of application or soil is saturated from rain.

2.6.3. Wind

Application will not be allowed with wild speeds less than 3 m.p.h. or when wind speed reaches or exceeds 10 m.p.h.

2.6.4. Temperature

Garlon XRT is susceptible to vaporizing at a temperature of 90 degrees Fahrenheit.

Application will not be allowed when the air temperature reaches or exceeds 90 degrees

Fahrenheit. In the event that drift, or vaporization becomes a concern, the Forester-in- Charge reserves the right to cease operations, regardless of air temperature.

The Project Manager will make the determination as to when the soil and weather conditions are sufficient for work to begin and when to halt work due to extremely dry or wet conditions. It is the intention of the contract that once work starts, it should continue during normal working hours until completion.

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, FFS personnel and the general public against bodily injury and/or damage to property.

2.7.1. 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 Forester-in-Charge will identify all infested areas that must be avoided in the project pre-work meeting. All soil-disturbing equipment must be cleaned prior to removal from the site.

2.7.2. Protection of Streams, Lakes, and Reservoirs

Contractor shall use every precaution necessary to prevent pollution of streams, by fuel, oils, other chemicals, silt, or other harmful materials. All streams will be kept free of Contractor-generated debris.

2.7.3. Protection of Archaeological/Historical Resources

The Contractor, upon the discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such material and immediately notify the Forester-in- Charge.

2.7.4. Erosion control

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

2.7.5. Protection of Faunal Species

Contractor shall use every precaution necessary to prevent disturbing and harassment of wildlife encountered on the State Forest. The willful killing of any animal (i.e., amphibians, birds, fish, mammals, or reptiles) while working on State Forest lands will not be tolerated.

Violations of this kind will void the contract and the Contractor may be subject to prosecution under appropriate wildlife laws.

2.8. Estimated Quantities

The estimated acres are given only as a guideline for preparing your bid and should not be construed as representing actual acreage to be treated under this contract. The Florida Forest Service may contract up to an additional 20% of the specified contract acreage if needed at the same quoted price. The Florida Forest Service may also reduce the acreage to be treated based on budgetary constraints.

2.9. Best Management Practices

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

2.10. Delivery

The contract period is to be effective September 16, 2024, through October 21, 2024. All herbicide application work for this contract must be completed by October 21, 2024.

2.11. Site Visitation

It is STRONGLY recommended that each vendor, before submitting a bid, inspect the site where the project is to be completed to satisfy themselves regarding all general and local conditions that may affect the preparation of their bid and cost of contractor’s performance. Vendors may visit the site location between the hours of 7:00 a.m. to 3:30 p.m. Eastern Daylight Time, Monday through Friday. It is the vendors' responsibility to consider any and all site conditions or requirements for the project. A site visit is recommended but IS NOT mandatory. (APPENDIX I)

2.12. Licensing

The contractor must have a Florida Department of Agriculture Commercial Applicator’s license including the aerial category and must show license to Forester-in-Charge before beginning work.

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

2.13. Past Performance/References

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

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

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the 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.

https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf

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:

Brittany Harvey, Procurement Officer 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:

70151501 - Forest Resource Management 70141604 - Herbicide Services 72141500 – Land Preparation 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.

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

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

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

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

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

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

5) Late bids will not be accepted.

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

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

3.9 Vendor Acknowledgement

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

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

3.10 Price Sheet

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

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

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

If Attachment B stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The Department shall not be responsible for vendor inventory or order commitment.

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

3.11 Vendor Generated Terms and Conditions

The Department objects to and shall not consider any different or additional terms or conditions submitted by a vendor, including any appearing in documents attached as part of a vendor’s bid.

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

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

3.12 Public Records

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

3.13 Disclosure of Bid Submittal Contents

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

3.14 Bid Opening

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

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

3.15 Bid Evaluation

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

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

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

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

PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS,

THE BID MAY BE REJECTED AND DEEMED NON-RESPONSIVE.

3.16 Basis of Award

An award shall be made to the responsive and responsible vendor with the lowest Grand Total

Price, as specified in the Price Sheet for all specifications and considerations in response to this ITB. An award from this bid does not constitute an official purchase order or contract, agreement, or commitment on behalf of the state.

In event the vendor with the lowest Grand Total Price is found non-responsive, the Department may proceed to the next responsive vendor with the lowest Grand Total Price and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.17 Less Than Two Responsive Bids

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

3.18 Bid Rules for Withdrawal

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

3.19 Verbal Instruction Procedure/Discussions

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

3.20 No Prior Involvement and Conflict of Interest

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 Scrutinized Companies and Prohibited Business Activities

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

When goods or services to be provided are $1 million or more, Section 287.135, F.S., requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List;

2) on the Scrutinized Companies with Activities in the Iran Terrorism Sectors, created pursuant to Section 215.473, F.S.; or 3) engaging in business operations in Cuba or Syria.

For a vendor’s bid to be considered responsive, Attachment D - Certification Regarding Scrutinized Companies Form, must be completed and included in its bid package. The list may be found at https://www.sbafla.com/reporting/. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

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

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

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 https://www.sbafla.com/reporting/ received, one (1) or more of which relates to commodities manufactured, grown or produced within the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within the State of Florida shall be given preference. Vendors must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, F.S., whenever two (2) or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, vendors must complete and submit with its response Attachment F - Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

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

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

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

3.24 Disqualification of Vendors

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

If there is reason to believe that collusion exists among the vendors, any or all bids will be rejected. No participants in such collusion will be considered in future procurements for the same work. Falsifications of any entry made on the vendor's offer will be deemed a material irregularity and will be grounds for rejection.

3.25 Rejection of Bids

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

3.26 Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made physically at:

The Holland Building 600 South Calhoun Street Tallahassee, Florida 32399

Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

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

4.2 Modification after Contract Execution

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

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

4.3 Renewal

At the sole discretion of the Department, the term agreement(s) awarded as a result of this ITB may be renewed for three (3), one-year renewals.

4.4 Liquidated Damages

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

4.5 MyFloridaMarketPlace Transaction Fee

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

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

All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the state or Eligible Users, as prescribed by Rule 60A-1.031, F.A.C., or as may otherwise be established by law.

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

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

4.6 Public Entity Crimes

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

4.7 Discrimination Statement

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

4.8 Antitrust Statement

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

4.9 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/.

4.9 Independent Capacity of Contractor

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

4.10 No Subcontracting

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

4.11 Stop Work Clause

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

4.12 Insurance Requirements

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

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

4.13 Certificate of Insurance

The contractor shall furnish proof of insurance coverage within 10 calendar days after notification of award and prior to starting the contract.

The contractor shall furnish a Certificate of Insurance for all insurance required by this contract and shall include the State of Florida, Florida Department of Agriculture and Consumer Services, https://sam.gov/SAM/ as additional insured. This form(s) shall be completed and signed by the authorized Licensed Florida Agent and returned to:

Florida Department of Agriculture and Consumer Services Florida Forest Service Tallahassee Forestry Center 865 Geddie Road Tallahassee, FL 32304

Certificate(s) shall be dated and show:

1) Name of the insured contractor, specific job by name, name of the insurer, number of the policy, its effective date, and its termination date.

2) Statement that the insured will mail notice to the owner, at least 30 calendar days, prior to any material changes in provisions or cancellation of the policy.

4.14 General Liability Insurance

The contractor shall take out and maintain during the life of the contract:

Minimum Limits of Liability $1,000,000 each occurrence $2,000,000 aggregate

Including Bodily Injury, Property Damage and products and completed operations.

Drift Control Liability $500,000 each occurrence

4.15 Contractor’s Automobile Liability Insurance

The contractor shall take out and maintain during the life of this agreement Automobile Liability insurance for all claims that may arise from all operations performed under this agreement:

Minimum Limits of Liability $300,000 any automobile

4.16 Worker’s Compensation Insurance

During the contract term, the contractor, at its sole expense, shall provide commercial insurance such a type and with such terms and limits as may be reasonably associated with the contract, which, as a minimum, shall be workers’ compensation and employer’s liability insurance in accordance with Chapter 440, F.S., with minimum employers’ liability limits of $100,000 per accident, $100,000 per person and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work.

Employers who have employees who are engaged in Florida must use Florida rates, rules and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers’ compensation coverage requirements. Such exemptions are limited to a maximum of three (3) per corporation and each exemption holder must own at least 10% of the corporation.

Independent contractors, sole proprietors…