ITB FFS 24 25 32_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 24 25 32 Title: Invasive Project - Old World Climbing Fern Herbicide

Application - Lake Wales Ridge 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 32

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 herbicide application for the treatment of 436 acres for the removal of Old World Climbing Fern (OWCF) and Cogongrass on Arbuckle Tract AC3 within Lake Wales Ridge State Forest, located in Frostproof, 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 19, 2024 Vendor Information Portal

Site Visit (Recommended)

August 20 - 27, 2024

9AM -1PM

Monday-Friday

Please refer to attached map for locations Call (863) 589-0545 to schedule.

Last day for written Inquiries to be received by the Department

September 11, 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 September 13, 2024 Vendor Information Portal

Sealed Bids Due September 20, 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 23, 2024

9:00AM

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

Anticipated Posting of Recommended Award

September 27, 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

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 herbicide application for the treatment and removal of Old World Climbing Fern (OWCF) on Arbuckle Tract AC3 within Lake Wales Ridge State Forest, located in Frostproof, Florida. Vendors responding to this ITB must offer complete project pricing with its bid submission for the specifications in this ITB.

2.2 Technical Specifications

Contractor shall provide all labor, herbicide, materials, tools, transportation, and supervision required to perform the OWCF herbicide treatment as specified herein, unless specifically identified.

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

2.3 General Requirements / Information

Vendor must furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required for herbicide application for the approximate acreage as identified in APPENDIX I. The Contractor must use spraying equipment acceptable to the FFS as specified herein and treat all required OWCF on identified sites (APPENDIX I). No materials, labor, or equipment will be furnished by the FFS unless specifically identified. No herbicide, surfactants, or dye will be provided by the Florida Forest Service. Water is not available at the treatment sites and must be obtained from sites approved by the Site/Contract Manager.

The area to be treated will be identified by the Site/Contract Manager with the Contractor prior to the start of work. The treatment site boundaries and known treatment points for the sites will be identified by global positioning system/geographical information system (GPS/GIS) lines and points (APPENDIX I). The Contractor is required to review the treatment sites with the Site/Contract Manager prior to herbicide application. The Contractor shall permit FFS personnel to confirm chemical concentrations and application rates per acre.

The Contractor will be required to identify and document treatment areas for each day worked. A Garmin or other compatible GPS, approved by FFS, will be required to collect daily tracks from the time the Contractor enters and exits the treatment area to verify work completed.

This data must be provided to the Site/Contract Manager on a weekly basis in a form compatible with ESRI ArcGIS.

2.4 Access to Treatment Sites and Vehicle Requirements

The Contractor must obtain approval from Site/Contract Manager or their designee, for the types of vehicles to be used to complete herbicide application prior to accessing the treatment site.

Vehicles designed and able to travel off-road will have greater access to the treatment sites than street vehicles. Access away from named roads will be necessary and will be permitted along trails and firelines identified and approved by the Site/Contract Manager and areas and/or routes that are not approved for vehicle use that require foot-access. Vehicles shall not be used to access or cross wetlands. Numerous roads in treatment areas are composed of deep ‘sugar’ sands, necessitating the use of 4-wheel drive vehicles, and/or use of Off Highway Vehicles (OHVs) from the staging area. OHVs should remain on trails and not travel across vegetation unless identified and approved by the Site/Contract Manager.

Currently, all access points to the parcel are gated. The FFS has gates that restrict public access to the treatment areas, the Contractor will be given access and gate keys for access to the treatment areas until the project is completed. The gates will be kept closed and locked unless specified otherwise by the Site/Contract Manager. The Contractor shall remove all material, equipment, and vehicles daily, unless alternatives are approved in advance by the Site/Contract Manager.

2.5 Herbicide Mixing and Storage

Mixing and storage areas for herbicide will be established and approved by the Site/Contract Manager, and maps shall be provided identifying these areas (APPENDIX I). The Contractor will dispose of all trash and herbicide containers off-site. Herbicide rinsing will be managed per label directions.

The nearest water source access areas will be established and approved by the Site/Contract Manager for the treatment area and based on water levels. The Contractor will supply pumps and equipment necessary to draw the water. Large water containers or large batch mixes will be permissible. Water can also be obtained at the Lake Wales Ridge State Forest Headquarters located at 851 County Road 630 East, Frostproof, Florida 33843.

Herbicide will only be applied to areas within the treatment site boundaries indicated on the attached map (APPENDIX I). The Contractor must treat all OWCF at the points provided by the Site/Contract Manager and any new OWCF detected between treatment points. The Contractor must conduct a grid survey of the 183 acres within the treatment site boundaries. The Contractor shall be responsible for treatment of 100% of the OWCF at the treatment areas described herein to prevent re-sprouting.

All control efforts shall be at least 95% effective in preventing re-sprout of all OWCF. If 95% kill rate is not achieved for any area of the project after the initial required treatment, one (1) additional thorough treatment of the OWCF will be the responsibility of the Contractor at no additional cost to the FFS. The Site/Contract Manager’s decision as to the overall effectiveness of the treatment is final.

2.6 Specifications and Requirements for Herbicide Application

This project requires the Contractor to “poodle cut” the OWCF as appropriate and foliar spray both OWCF and Cogongrass with 2% glyphosate (aquatic), and (.022%) metsulfuron methyl- (Escort XP®). All initial treatments must be completed no later than June 1, 2025. Vendors submitting a bid for this ITB must provide unit price per acre and a grand total for the entire 183-acre project area.

Initial treatments must begin no later than May 1, 2025, unless delayed by the Site/Contract Manager based on site conditions. Treatments may not be conducted between November and February to avoid treatment in the dormant season. Any required re-treatment shall take place prior to the contract expiration (June 30, 2025). The Contractor shall schedule re-treatment events prior or following the summer rains to avoid applications in standing surface waters.

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

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

An application of 2% glysophate and .022% metsulfuron methyl in water will be used along with a non-ionic surfactant to ensure proper adhesion of the active ingredient to the plant. Marker dye will be required to reduce skips of targeted species and reduce overspray on non-targeted species. All herbicides are to be used in accordance with label specifications including personal protective equipment, concentrations, and appropriate environmental conditions. The Contractor shall be fully liable for damage resulting from an herbicide spill or contamination.

Herbicide application will only be permitted once the OWCF has dried of rain or dew. Herbicide application will not be permitted when rain is anticipated within less than one (1) hour following treatment. Areas that receive rainfall within one (1) hour of treatment must be retreated.

Herbicide application will not be allowed in fog or when there is a danger of applying the chemicals in a fog bank. Defining fog conditions will be the sole responsibility of the Site/Contract Manager. The application of herbicide will not be permitted when sustained winds are greater than 10 MPH to prevent drift to non-target species.

2.7 Label and Safety Adherence

The contractor will strictly adhere to all herbicide label application, precautionary, and safety statements and shall be familiar with and adhere to the Service safety requirements. The Contractor shall also adhere to all federal, state, and local regulations governing the application, transportation, storage, use and disposal of products utilized in the performance of this agreement. These regulations include at a minimum, Federal Insecticide, Fungicide and Rodenticide Act 29 CFR 1910, OSHA General Industry Standards, and Chapter 487, F.S.

2.8 Equipment and Personnel Requirements

The Contractor must furnish sufficient personnel and equipment to complete this project in the time allowed. A competent foreman shall be designated in writing by the Contractor and will remain at the work site through the duration of the project.

The Contractor must be equipped with a minimum of the following herbicide application equipment:

• Backpack sprayers with three (3) gallon minimum capacity,

• Adjustable spray nozzles,

• Personal protective equipment for herbicide applicator for all Contractor personnel

If the Contractor has personnel which do not speak the English language, the Contractor shall provide a project foreman that is fluent in both the English language and the language of the personnel member(s). Herbicide application cannot stop for a period longer than 48 consecutive hours without prior approval of the Site/Contract Manager. The Contractor must resolve any personnel issues/problems to ensure delays are minimized. If adverse weather is a problem, the contractor must furnish additional personnel and equipment to make up for lost time to ensure timely completion.

The FFS, Site/Contract Manager, or their designee has the authority to stop work if the project is not being completed as specified herein. Work will not continue until the Contractor’s deficiency/deficiencies are corrected.

2.9 Estimated Quantities

The area around the clustered OWCF treatment area is approximately 183 areas. The treatment area requiring herbicide application contains an estimated cover of OWCF as listed below:

1-5%: 52 Acres 6-15%: 18 Acres 16-25%: 77 Acres 26-50%: 36 Acres

The estimated acres are given only as a guideline for vendors preparing a bid in response to this ITB. The totals should not be construed as representing final/actual acreage to be treated under the resulting purchase order. This total acres treated may increase or decrease based on the winning vendor’s bid. Any additional acreage will be calculated at the unit rate offered and clarified with the awarded vendor.

2.10 Data Collection

The Contractor must maintain a daily treatment report using the attached APPENDIX II - State

Lands Herbicide Application Record and FDACS-11014 Herbicide Application Record to provide detailed site treatment updates and chemical quantities used, reflecting GPS data which corresponds to the required treatment areas. Daily treatment reports must be provided to the Site/Contract Manager on a weekly basis, on the day of the week agreed upon by both parties.

2.11 Verification

The contractor will verify all information submitted on the Herbicide Application Records. The contractor’s signature verifies records are accurate.

2.12 Project Period

The anticipated project period for the OWCF treatment shall be upon execution of a purchase order through June 30, 2025. The FFS will require one initial treatment application on the project site during the purchase order term. The initial treatment must be completed, and final invoices issued to FFS by June 1, 2025, and any retreatment must be completed by June 30, 2025. The start date may be delayed by the Site/Contract Manager or may extend the completion date if determined that the completion date cannot be met due to conditions outside of the control of the Contractor. All work MUST be completed by June 30, 2025.

2.13 Weather Conditions

Rain: Herbicide application will not be allowed during rainy conditions or when rain is expected within three (3) hours of application.

Wind: Herbicide application should not occur when wind speed exceeds 10 mph. The Forester-in-Charge reserves the right to stop application regardless of wind speed.

On-the-Ground Flooding: Herbicide application will only be allowed when there is no standing water present in the treatment area.

Smoke: Prescribed burning may take place elsewhere on the forest at the same time as scheduled treatments, potentially causing visibility concerns. The contractor will be notified in advance of any potential concerns with drift smoke or the presence of FFS aircraft in the vicinity.

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.

2.14 Recommended 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. Site visits must be scheduled at least 48 hours in advance and can be scheduled by calling (863) 589-0545. Site visits will take place Monday through Friday, between the hours of 9:00 a.m. to 1:00 p.m., Eastern Time. It is the vendors' responsibility to consider any and all site conditions or requirements for this project. A site visit is recommended but IS NOT mandatory.

2.15 Licensing

The Contractor must have a Florida Restricted use Pesticide Applicators License with either the natural areas weed management or the aquatic endorsement, issued under Chapter 487, F.S.

Contractor shall maintain valid certifications, licenses, and permits required for the services specified above and must show license to Foster-in-Charge before beginning work.

2.16 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.

2.17 Resource Protection

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

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.

Protection of Streams, Lakes, and Reservoirs: The 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.

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 Project Manager.

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

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.

Protection of Faunal Species: The 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.

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**

https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf mailto:Bids@FDACS.gov

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

3.4 Addenda

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

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

3.5 MyFloridaMarketPlace (MFMP) Registration

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

(866) 352-3776.

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

70141604- Herbicide Services 73181022- Spraying Services 70141603- Weed Control 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.

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

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

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

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

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

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

5) Late bids will not be accepted.

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

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

3.9 Vendor Acknowledgement

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

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

3.10 Price Sheet

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

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

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

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

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

3.11 Vendor Generated Terms and Conditions

The Department objects to and shall not consider nor accept any different or additional terms or conditions submitted by a vendor, including any appearing in documents attached as part of a vendor’s bid. In submitting a bid, the vendor expressly agrees that any additional or different terms or conditions, whether submitted by the vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a bid. Vendor’s failure to agree to or comply with the Department’s terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

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

3.12 Public Records

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

3.13 Disclosure of Bid Submittal Contents

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

3.14 Bid Opening

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

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

3.15 Bid Evaluation

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

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

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

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

PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS,

THE BID MAY BE REJECTED AND DEEMED NON-RESPONSIVE.

3.16 Basis of Award

An award shall be made to the responsive and responsible vendor with the lowest Grand Total Price, as specified in the Price Sheet for all specifications and considerations 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 section 287.057(6), F.S.

3.18 Bid Rules for Withdrawal

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

3.19 Verbal Instruction Procedure/Discussions

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

3.20 No Prior Involvement and Conflict of Interest

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

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

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

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

3.21 Scrutinized Companies and Prohibited Business Activities

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

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

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

For a vendor’s bid to be considered responsive, Attachment D - Certification Regarding Scrutinized Companies Form, must be completed and included in its bid package. The list may be found at https://www.sbafla.com/reporting/. The Department may immediately terminate any contract, resulting from 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 https://www.sbafla.com/reporting/ their bid response to receive this preference.

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE OF FLORIDA

GIVEN PREFERENCE

Pursuant to Section 287.082, F.S., whenever two (2) or more competitive sealed bids are received, one (1) or more of which relates to commodities manufactured, grown or produced within the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within the State of Florida shall be given preference. Vendors must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

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

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

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

5) FLORIDA VETERAN BUSINESS ENTERPRISE OPPORTUNITY ACT PREFERENCE

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

3.24 Disqualification of Vendors

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

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

3.25 Rejection of Bids

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

3.26 Protest Procedures

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

Agency Clerk Florida Department of Agriculture and Consumer Services The Holland Building, Suite 254 600 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

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

4.2 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 https://forms.fdacs.gov/01341.pdf of completion. Respondent agrees that said liquidated damages are reasonable given existing circumstances, such as the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

4.5 MyFloridaMarketPlace Transaction Fee

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

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

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

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

4.6 Public Entity Crimes

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

4.7 Discrimination Statement

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

4.8 Antitrust Statement

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

4.9 Employment of Authorized Aliens

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act.