ITB FFS 24 25 56_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 24 25 56

Title: 2024-25 Hand Planting Containerized Longleaf Pine Seedlings at Withlacoochee State Forest

Stephanie Bergozza, 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 56

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for hand-planting approximately 646 acres of containerized longleaf pine seedlings at Withlacoochee State Forest located in Citrus County and Hernando 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 September 30, 2024 Vendor Information Portal

Site Visit (Recommended) October 01 – 09, 2024 See APPENDIX I – II

Last day for written Inquiries to be received by the

Department October 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

October 15, 2024 Vendor Information Portal

Sealed Bids Due October 23, 2024

5:00 PM

Florida Department of Agriculture and Consumer Services

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

Public Meeting for Opening of Bids

October 24, 2024

10:00 AM

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

Anticipated Posting of Recommended Award October 30, 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

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

Contractor shall provide all labor, materials, equipment, tools, transportation, supplies, and supervision required to hand plant containerized longleaf pine and bareroot slash pine seedlings for the approximate acreage as listed herein. The Contractor must use planting equipment acceptable to the FFS as specified herein and plant all required seedlings per site. No materials, labor, or equipment will be furnished by the FFS, or the Forester-in-Charge, unless specifically identified. All pine seedlings will be provided by the Florida Forest Service.

2.2 General

The anticipated contract period for the planting project shall be upon execution of the purchase order through February 28, 2025. No planting may begin before December 15, 2024, and must be completed by February 28, 2025. The FFS will make every reasonable effort to make 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 the seedlings available when needed by the Contractor, but availability at all times cannot be guaranteed.

Except for the unavailability of seedlings, failure to meet the requirements of the contract may prevent the Contractor from bidding on future contracts for a period of up to three (3) years.

2.3 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 planted under this contract. The FFS may contract up to an additional 20% of the specified planting contract acreage if needed. The FFS may also reduce the acreage to be treated based on budgetary constraints.

2.4 Project Managers

2.4.1.1 Two Mile Prairie - Homosassa and Citrus Tract Sites (APPENDIX I)

Contractor will coordinate and schedule all work with the Forester-in-Charge, Nicole Howard Forestry Supervisor II; Florida Forest Service, phone number (352) 382- 0967, email Nicole.Howard@FDACS.GOV. Appointments, if needed, for site inspection may be arranged with the contract manager or on-site contact, between the hours of 8:30 a.m. to 4:00 p.m., Eastern Time (ET), Monday through Friday.

It is the vendors' responsibility to consider all site conditions or requirements for the project.

2.4.1.2 Croom Tract Site (APPENDIX II)

For the Croom Tract sites, the Contractor will coordinate and schedule all work with the Withlacoochee State Forest Forestry Supervisor II, Justin Draft, phone number

(352) 797-4125, email Justin.Draft@FDACS.GOV. Appointments, if needed, for site inspection may be arranged with the contract manager or on-site contact, between the hours of 9:30 a.m. to 3:00 p.m., Eastern Time (ET), Monday through Friday.

It is the vendors' responsibility to consider all site conditions or requirements for the project. A site visit is STRONGLY recommended but IS NOT mandatory.

2.5 Specifications and Requirements for Hand Planting

The area to be planted will be identified by the FFS with the Contractor prior to the start of work.

The site boundaries will be identified by roads, fire lines, stand edges, tree lines, flagging, or other methods as discussed with the Contractor. An FFS representative must be on site during all active planting operations. No planting shall take place without such representation.

2.6 Planting Instructions

Approximately 646 acres at 6 sites, will require planting on Withlacoochee State Forest. Refer to attached maps. Spacing will be approximately 5 feet between the trees and 12 feet between the rows to achieve a stocking density of 726 trees per acre. The entire 646 acres must be planted in the manner described herein.

All containerized longleaf pine seedlings must be planted in a vertical (upright) position so that the top of the plug is level, or slightly above, but not below the surface of the soil. Plugs more than 10 degrees from vertical will be considered planted incorrectly. All containerized seedlings planted mailto:Nicole.Howard@FDACS.GOV mailto:Justin.Draft@FDACS.GOV with the seedling bud below the surface or less than one-half (1/2) inch above the soil surface will be considered planted incorrectly. All containerized seedlings planted with the top of the plug more than one-half (1/2) inch above the soil surface will be considered planted incorrectly.

Planting tools must be able to provide sufficient width and depth of the planting opening to accommodate the plug. The seedlings are to fit snugly into the opening created by the planting tool. Soil must be firmly packed around each planted seedling. If the equipment being used is not adequate, it should be replaced.

The Forester-in-Charge may prohibit planting during extremely hot, cold, or dry weather conditions. This contract may be cancelled if dry weather conditions persist through the specified contract period.

If additional acreage is added to the project, it shall be planted in the same manner. All seedlings provided by the Florida Forest Service are to be planted. Ninety percent (90%) of the prescribed number of seedlings must be planted satisfactorily in accordance with the specifications.

2.7 Care, Handling, and Storage of Seedlings

Contractor must protect the seedlings and take precautions to prevent damage to them from the time received until they are planted. This shall include, but is not limited to:

2.7.1 Protection from Sun, Wind, and Adverse Temperatures

Pine seedlings must be handled, stored, and transported in a manner to best protect them from sun and wind damage at all times. Protection from freezing temperatures and excessive heat must also be maintained. Seedlings must be kept in a seedling cooler or covered with a seedling tarp at all times. If shade is available at the planting site, trees must be kept in the shade and covered with the seedling tarp. Damaged bundles/boxes of seedlings must be repaired or patched immediately to prevent exposure.

2.7.2 Keep Pine Seedling Roots Moist

PINE SEEDLING ROOTS MUST BE KEPT MOIST AT ALL TIMES PRIOR TO AND

DURING PLANTING OPERATIONS. Trees are not to be placed or dipped in water but may be covered with wet burlap or another suitable material to prevent seedling drying.

2.7.3 Protection from Contamination

Pine seedlings shall be protected from contamination by material such as gasoline, diesel fuel, oils, or chemicals, which may damage the seedlings. The Forester-in-Charge will inspect the seedlings prior to planting and if found to be contaminated, the seedlings will be destroyed and not planted.

2.7.4 Storage of Seedlings

The FFS personnel shall be responsible for delivering the seedlings from the nursery to a centralized location near the planting site. Seedlings will be stored in a refrigerated trailer at or near the planting site. Seedlings will be considered delivered to the Vendor upon delivery to the planting area. Unloading seedlings from the trailer and delivering the seedlings to each individual planting site will be the responsibility of the Contractor. Unplanted seedlings must be re-boxed and returned to the refrigerated trailer at the end of each day.

2.7.5 Availability of Seedlings

The FFS will make every reasonable effort to make the seedlings available when needed by the Contractor, but availability at all times cannot be guaranteed.

2.7.6 Pruning and Culling of Seedlings

Tree Seedling roots shall not be pruned or cut by the Contractor. If in the Contractor’s judgment any seedlings are not plantable because of long roots or damage, they will be returned to the Forester-in-Charge for inspection. Seedlings to be returned to the Forester-in-Charge will be kept moist and in good condition. No seedlings will be left on the ground unplanted.

2.8 Equipment and Personnel Requirements

Contractor must furnish sufficient personnel and equipment to plant an average of at least 40 acres per day and complete the project in the time allowed. A competent foreman shall be designated in writing by the Contractor and will remain at the work site. Failure to meet the requirements of the contract may prevent the Contractor from bidding on future contracts for a period of up to three (3) years.

Contractor must be equipped with the following hand planting tools: Containerized Seedling Dibble, and Concave Blade Hoedad. The Forester-in-Charge will determine the planting site conditions upon arrival at the planting site and will specify which planting tool to use.

If the Contractor is using laborers which do not speak the English language, the Contractor shall provide a crew foreman that is fluent in both the English language and the language of the crew.

Planting operations cannot stop for a period longer than 48 consecutive hours without approval of the Forester-in-Charge. Personnel problems must be resolved 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 and ensure timely completion.

Contractor is required to provide at least one vehicle with 4-wheel drive capability to ensure sites are accessible for crews and crew equipment.

The equipment used in the performance of the work will be of the proper size and type and in such operating condition to safely and successfully accomplish the required work 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.

2.9 Weather Conditions

2.9.1 Drought

Planting will not be allowed if there is not sufficient moisture in the ground. Determination of proper soil moisture will be the decision of the FFS.

2.9.2 Freezing

Planting will not be allowed when the ambient air temperature is below 32 Fahrenheit or when the surface soil is frozen.

2.9.3 Wind

Planting will not be allowed when wind speed reaches or exceeds 20 m.p.h. The Forester-in-Charge the right to shut down operations at any windspeed if it is determined that the wind is drawing out moisture from the seedlings.

The Forester-in-Charge may prohibit planting during extremely hot, cold, or dry weather conditions. This contract may be cancelled if dry weather conditions persist through the specified contract period.

2.10 Resource Protection

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 the Contractor, Contractor’s employees and personnel performing the work, FFS personnel, and the general public against bodily injury and/or damage to property.

2.10.1 Protection of archaeological species/historical resources

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

2.10.2 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.

2.10.3 Protection of streams, lakes, and reservoirs

Contractor shall use every precaution necessary to prevent polluting of waterways by fuels, oils, other chemicals, silt, or other harmful materials. All waterways shall be kept free of Contractor generated debris.

2.10.4 Erosion control

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

2.10.5 Protection of faunal species

Contractor shall use every precaution necessary to prevent disturbing and harassment of wildlife encountered on the State Forest and other state managed lands. The willful killing of any animal species (i.e., amphibians, birds, fish, mammals, or reptiles) while working on the state forest will not be tolerated. Violations will void the contract and the Contractor may be subject to prosecution under appropriate wildlife laws.

2.10.6 Best Management Practices

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

2.11 Site Clean Up

All seedling containers and other Contractor-generated debris shall be removed from state forest land and disposed of properly by the Contractor daily, unless otherwise directed by the Forester-in-Charge. Contractor shall remove all trash and debris from the site and leave area in same condition as provided by the Department. The Department's trash facilities shall not be used for the disposal of any products used in the completion of these services. The Department will not pay for hauling, dumping, tipping, trash, hazardous waste fees, or other related waste fees.

2.12 Licensing

Contractor must have all appropriate certification and licensing pertaining to this job. All certifications, licenses, and permits shall be valid through the contract period. Failure to provide proof of certifications and licenses may result in rejection of your bid or cancellation of this contract.

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

2.13 Compliance With Laws

Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern this Agreement. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws shall be grounds for termination .

2.14 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 C - 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.

2.15 Sub-Contractors

In order to warrant that only qualified and competent subcontractors will be employed on the project, the Contractor shall submit to the Department a list of subcontractors who will perform work. Subcontractors include facilities used for final disposal of collected pesticides and other materials. The Contractor shall have determined, to his own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time and is qualified both technically and financially to perform the phase of this work for which he is listed. Proof of any licenses or certifications required of subcontractors shall be submitted with the list of subcontractors by the Contractor.

Any subcontractor(s) not listed and approved in the award of this bid will not be allowed to proceed with any work related to this project. The Department shall have the right to examine the technical qualifications of any subcontractor and to request additional documentation of a subcontractor’s technical and financial qualifications. Any subcontractor(s) proposed after the start of this project must be submitted in writing to the Department for approval. Work by the proposed subcontractor must not commence until the Department has given approval. The Department shall have the right to prohibit the use of any subcontractor that in its own discretion does not satisfactorily meet the business experience, technical or financial qualifications necessary to perform this work. If applicable, Attachment D - List of Subcontractors form must be completed and included in the bid response.

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.

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

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:

Stephanie Bergozza 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.

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:

https://vendor.myfloridamarketplace.com/

• 70111501 – Planting services or ornamental plant or bush or tree and

• 70151904 – Silviculture

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:

Florida Department of Agriculture and Consumer Services 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 https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com 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 A - Acknowledgement Form, with its bid response.

3.10 Price Sheet

Vendor shall complete, sign, date and return Attachment B - 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 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 pursuant to section 287.057(6), F.S.

3.18 Bid Rules for Withdrawal

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

3.19 Verbal Instruction Procedure/Discussions

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

3.20 No Prior Involvement and Conflict of Interest

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

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

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

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

3.21 A completed and signed – FORM PUR 7801

A completed and signed ATTACHMENT E – FORM PUR 7801. The signed original of this form must be and included in its bid package. The Respondent must either certify (by checking in the blank next to “Yes) or mark N/A (by checking in the blank next to “N/A”) for each certification, as applicable.

Note: If the Respondent’s answers indicate the “Common Carrier or Contracted Carrier Attestation Form” is due with its Proposal (because Yes is marked for the certification), the Respondent must include the applicable form with its Proposal. The Department reserves the right to, but is not required to, seek clarification from a Respondent to determine whether such form was required if it is not included with the Respondent’s Proposal even though the statement was certified (rather than marked N/A); if such form was not required, the Department may waive the Respondent’s failure to submit the form as a minor irregularity. If the form was required, no such waiver will be permitted, and the Respondent will be deemed non-responsive.

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 F - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.23 Identical Tie Bids

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

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

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

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

GIVEN PREFERENCE

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

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

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

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to Section 287.092, 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 600 South Calhoun Street Tallahassee, Florida 32399

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

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order

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.

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

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

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.

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.

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 Vendor, 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 Vendor, 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 Vendor, 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.