FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 25 26 50

Solicitation Title: Invasive Project - Old World Climbing Fern and Rosary Pea Treatment - Lake Wales Ridge State

Forest

Edward Rondeau, 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 25 26 50

SECTION 1.0 INTRODUCTORY SECTION

1.1 Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for herbicide application on approximately 258.1 acres to treat and remove Old-World Climbing Fern (OWCF) on Arbuckle Tract LC5 and LC8 and Rosary Pea on Arbuckle Tract LC6 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 Chapter 60A-1, Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com/search/bids. The Department will utilize the VIP as the centralized procurement website for electronic posting of agency solicitations, decisions and intended decisions in accordance with Rule 60A-1.021, F.A.C.

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 11/12/2025 Vendor Information Portal https://vendor.myfloridamarketplace.com/s earch/bids

Recommend Site Visit 11/17/2025 to 11/21/21

9:00 am to 1:00 pm

Lake Wales Ridge State Forest 851 County Road 630 E.

Frostproof, Florida 33843

Last day for vendors to Submit Questions

11/21/2025 By 5:00 pm

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

Anticipated Posting of Written Responses to

Vendor Questions 11/24/2025

Vendor Information Portal https://vendor.myfloridamarketplace.com/s earch/bids

Sealed Bids Due 12/01/2025 By 5:00 pm

Florida Department of Agriculture and Consumer Services – Mayo Building

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

Public Bid Opening 12/02/2025 At 10:30 am

Mayo Building 407 S. Calhoun Street

Tallahassee, Florida

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

Anticipated Posting of Recommended Award

TBD

Vendor Information Portal https://vendor.myfloridamarketplace.com/s earch/bids https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2Fsearch%2Fbids&data=05%7C02%7CStephanie.Bergozza%40fdacs.gov%7C4f2dd97316664dbe96c608dd96e32378%7C62557d98bd114a888a7b57bc3df0190b%7C0%7C0%7C638832624470069313%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=hwfp6TpS973080G7he7dIma8cxcidOSanzY%2F%2BpFbdqY%3D&reserved=0 https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids

1.3 Procurement Officer

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact for official meetings, questions, and all procurement related matters relating to this solicitation.

The Procurement Officer for this ITB is:

Edward Rondeau, Procurement Officer Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

Between the release of the solicitation, and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

1.4 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.

1.5 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance.

2) ITB, including attachments and appendices.

3) PUR 1001, General Instructions to Respondents; and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Scope of Work

This ITB requests competitive bids for herbicide application on approximately 258.1 acres for the treatment and removal of Old-World Climbing Fern (OWCF) on Arbuckle Tract LC5 and LC8 and Rosary Pea (RP) on Arbuckle Tract LC6 within Lake Wales Ridge State Forest, located in Frostproof, Florida.

The Contractor shall provide all labor, materials, supplies, tools, equipment, transportation, and supervision required to perform herbicide application for the approximate acreage as identified in APPENDIX I - Map. No materials, labor, or equipment will be furnished by the Florida Forest Service (FFS) unless explicitly stated. No herbicide, surfactants, or dye will be provided by FFS.

mailto:Bids@FDACS.gov https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf

2.2 General Requirements/Information

The Contractor shall use FFS-approved spraying equipment, as specified in Section 2.6, to treat all invasive species identified in this ITB. Prior to herbicide application, the Contractor must review treatment sites with the FFS Contract Manager, who will identify treatment areas. Site boundaries and treatment points will be provided using global positioning system/geographical information system (GPS/GIS) data.

The Contractor shall allow FFS personnel to verify chemical concentrations and application rates per acre. Each day, the Contractor must document treatment areas using a Garmin or other FFS-approved GPS device, capturing entry and exit tracks to verify work completed. This data must be submitted weekly in a format compatible with ESRI ArcGIS.

The Contractor must also maintain a daily treatment report using Appendix II – State Lands Herbicide Treatment Form, detailing site activities and chemical usage aligned with GPS data.

Reports must be submitted weekly on a mutually agreed-upon day.

2.3 Access to Treatment Sites and Vehicle Requirements

The Contractor must obtain approval from the FFS Contract Manager or designee for all vehicles intended for herbicide application prior to accessing the treatment site. Off-road-capable vehicles will have greater access to treatment areas than standard street vehicles. Access beyond named roads will be permitted only along trails and firelines identified and approved by the FFS Contract Manager. Areas not approved for vehicle use must be accessed on foot. Vehicles are strictly prohibited from accessing or crossing wetlands.

Due to the presence of deep “sugar” sands in many treatment areas, 4-wheel drive vehicles and/or Off-Highway Vehicles (OHVs) may be required from the staging area. OHVs must remain on designated trails and may not travel across vegetation unless expressly approved by the FFS Contract Manager.

All access points to the parcel are currently gated. The FFS will provide the Contractor with gate keys to access restricted areas for the duration of the project. Gates must remain closed and locked unless otherwise directed by the FFS Contract Manager. The Contractor shall remove all materials, equipment, and vehicles from the site daily, unless alternative arrangements are approved in advance by the FFS Contract Manager.

2.4 Herbicide Mixing and Storage

Mixing and storage areas for herbicide shall be established with approval from the FFS Contract Manager. Maps identifying these areas are provided in Appendix I - Map. The Contractor is responsible for off-site disposal of all trash and herbicide containers. Herbicide rinsing must be conducted in accordance with label directions.

Water is not available at the treatment sites and must be sourced from locations approved by the FFS Contract Manager. Approved water access points will be identified based on the site(s) conditions and water levels. The Contractor shall provide all pumps and equipment necessary to draw water. Large containers and batch mixes are permitted. Water may also be obtained from the Lake Wales Ridge State Forest Headquarters at 851 County Road 630 East, Frostproof, Florida 33843.

Herbicide application is limited to areas within the treatment site boundaries shown in Appendix I

- Map. The Contractor must treat all occurrences of OWCF and RP at points provided by the FFS

Contract Manager, as well as any new infestations identified between those points. A grid survey of the 258-acre treatment area is required.

The Contractor is responsible for achieving 100% treatment of target species to prevent re-sprouting. All control efforts must be at least 95% effective. If this threshold is not met in any area following the initial treatment, the Contractor shall perform one additional thorough treatment at no additional cost to the Department. The FFS Contract Manager will make the final determination regarding treatment effectiveness.

2.5 Specifications and Requirements for Herbicide Applications

The Contractor shall perform “poodle cutting” of OWCF and RP as appropriate, followed by herbicide application. All reachable RP seed pods must be collected and disposed of off-site.

• OWCF shall be foliar sprayed with a two percent (2%) solution of aquatic glyphosate.

• RP under one inch (1”) in diameter and over six feet (6’) tall shall be poodle cut and foliar sprayed with 0.12% aminopyralid (Milestone) and 0.6% adjuvant.

• RP stems over one inch (1”) in diameter shall be cut, and the cut stem sprayed with a

10% aminopyralid (Milestone) solution.

All herbicides shall be mixed with water and applied with a non-ionic surfactant to ensure proper adhesion. Marker dye is required to reduce skips and overspray. All herbicide use must comply with label specifications, including PPE, concentration, and environmental conditions. The Contractor is liable for any damage resulting from herbicide spills or contamination.

Herbicide application is only permitted when target species are dry, and no rain is expected within one (1) hour of treatment. Old World Climbing Fern Areas receiving rainfall within one (1) hour or Rosary Pea Area receiving rainfall within three (3) hours must be re-treated. Application is prohibited during fog or when fog banks are present, as determined solely by the FFS Contract Manager. Herbicide shall not be applied when sustained winds exceed 10 MPH.

Poodle cutting is required for all vines over six feet (6’) tall. Any OWCF or RP plant exceeding six feet (6’) in height with uncut vines will be considered improperly treated.

2.6 Equipment and Personnel Requirements

The Contractor shall furnish sufficient personnel and equipment to complete the project within the specified timeframe. A competent foreman must be designated in writing and remain on-site for the duration of the project. If any Contractor personnel do not speak English, the designated foreman must be fluent in both English and the language spoken by those personnel. The Contractor is responsible for resolving personnel issues promptly to avoid delays.

Herbicide must be applied using adjustable nozzles (e.g., bronze-type) to minimize drift to non-target species. Mechanized and backpack sprayers with a minimum capacity of three (3) gallons are required. The FFS Contract Manager may approve the use of all-terrain or utility vehicles with mounted spray tanks.

At a minimum, the Contractor must be equipped with the following:

• Backpack sprayers (3-gallon minimum capacity)

• Adjustable spray nozzles

• Personal protective equipment (PPE) for all herbicide applicators

Herbicide application may not stop for more than 48 consecutive hours without prior approval from the FFS Contract Manager. The FFS Contract Manager or designee has the authority to stop work if it is not being performed in accordance with the Specifications. Work may not resume until all deficiencies are corrected to the satisfaction of the FFS.

In the event of weather-related delays, the Contractor must provide additional personnel and equipment as needed to maintain the project schedule.

2.7 Estimated Quantities

The clustered OWCF treatment area is approximately 251 acres, with estimated OWCF coverage as follows:

Estimated OWCF Cover (%) Estimated Acres

0% – 10% 12 acres

20% – 30% 85 acres

31% – 40% 20 acres

71% – 80% 51 acres

81% – 90% 83 acres

The clustered RP treatment area is approximately 7 acres, with estimated RP coverage as follows:

Estimated OWCF Cover (%) Estimated Acres

71% – 80% 1.5 acres

81% – 90% 5.5 acres

The estimated acres provided in this ITB are estimates only and are to be used as a guideline for Vendors preparing a bid in response to this ITB. The Department reserves the right to add or reduce the number of treatment acres; therefore, the Department assigned purchase order shall be the official determination for final quantities.

2.8 Project Period

Treatment shall begin upon the issuance of the Department’s executed purchase order and continue through June 30, 2026. One (1) initial treatment is required, with all work completed and final invoices submitted by June 1, 2026. Any necessary re-treatment must be completed by June 30, 2026, and scheduled to avoid application during or immediately after summer rains or in standing water.

The Contractor must be prepared to begin work no later than May 1, 2026, unless delayed by the FFS Contract Manager due to site conditions. Treatments are prohibited between November and February to avoid application during the dormant season.

The FFS Contract Manager may adjust the start or completion date if conditions beyond the Contractor’s control prevent timely performance. All work, including re-treatment, must be completed no later than June 30, 2026.

2.9 Weather Conditions

Fog: Application will not be allowed in fog or when there is a danger of applying the chemicals in a fog bank. Defining fog conditions will be the sole responsibility of FFS personnel.

Rain: Herbicide application will not be allowed during rainy conditions. Areas receiving rainfall within one (1) hour for Old World Fern or three (3) hours for Rosary Peea following treatment may require retreatment at the discretion of the FFS Project Manager.

Wind: Application will not be allowed with wind speeds less than 3 m.p.h. or when wind speed reaches or exceeds 10 m.p.h. The contract manager reserves the right to shut down operations at any windspeed.

On-the-Ground Flooding: Application of oil-based herbicides will only be allowed when there is no standing water present in the treatment area. If standing water is present, the contractor must substitute a water-based equivalent herbicide.

Temperature: Garlon XRT is susceptible to vaporizing at a temperature of 90 degrees Fahrenheit. Application will not be allowed when the air temperature reaches or exceeds 90 degrees Fahrenheit. If drift, or vaporization becomes a concern, the FFS Contract Manager reserves the right to cease operations, regardless of air temperature.

If weather conditions cause extended delays or unfavorable treatment environments this contract may be terminated early.

2.10 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 the Vendor’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 all site conditions or requirements for this project. A site visit is recommended but IS NOT mandatory.

2.11 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 prescribed above for the duration of the contract period.

2.12 References / Past Performance

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

(3) of the Respondent’s most recently completed projects from the last five (5) years similar in project size and scope as the work outlined in Section 2.1, Scope of Work, (See Attachment A - 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 may 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 may result in rejection of bid.

SECTION 3.0 INVITATION TO BID PROCESS

3.1 Advertisement

This ITB is hereby advertised on the State of Florida VIP. To find the ITB or other related information, enter Agency “Department of Agriculture” and click on “Advertisement Search” at the bottom of the web page. If unable to download the document(s), contact the Department’s Procurement Officer listed in Section 1.3.

3.2 Special Accommodations

Any person with a disability requiring special accommodations at the site visit or the bid opening shall contact the Procurement Officer listed in Section 1.3, 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.

3.3 General Instructions to Respondents (PUR 1001)

Any terms and conditions set forth within this ITB document shall supersede all conflicting terms and conditions set forth within the PUR 1001, unless the conflicting term/condition is required by any section of the Florida Statutes, in which case the term/condition required by Florida Statutes shall take precedence. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB as stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents, are not applicable.

3.4 Vendor Questions

The Procurement Officer, acting on behalf of the Department, is the sole point of contact for official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the Department’s Notice of Agency Decision is posted 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 in Section 1.3, within the time indicated in Section 1.2, Timeline. Verbal Questions, or those submitted after the period specified in Section 1.2, will not be acknowledged. Responses to written questions will be published on the VIP on or about the date referenced in Section 1.2.

https://www.ftri.org/relay

3.5 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 VIP as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

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

3.6 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 VIP website at 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

3.7 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.

3.8 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.

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

Tallahassee, Florida 32399-0800

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

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

4) It is the vendor’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in Section 1.2, Timeline.

5) Late bids will not be accepted.

Bids may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Mayo Building; however, vendors are cautioned shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time.

BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE BY THE DESIGNATED DATE

AND TIME LISTED. POSTMARKED OR CLOCKED IN BY FEDEX, UPS, OR U.S. POSTAL

SERVICE IS NOT ACCEPTABLE FOR BEING RECEIVED IN THE PURCHASING OFFICE.

3.10 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 – FDACS Acknowledgement Form, with its bid response.

3.11 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. 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.

Quantities referred to are estimated quantities. If the Price Sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The Department shall not be responsible for Vendor inventory or order commitment.

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

3.12 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.

3.13 Public Records

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

3.14 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.

3.15 Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in Section 1.2, Timeline. Bid responses received late (after bids are due) will not be accepted, nor considered, and modification by the Bidder 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 bid response if it is not properly sealed, addressed, or identified.

The bid opening will be available via teleconference or in person. Attendance is not required for submission or consideration. Any person who wants to attend the bid opening in person should contact the Procurement Officer listed in Section 1.3, for building access and parking instructions.

In person attendees requiring special accommodations will need to follow the steps outlined in Section 3.2, Special Accommodations.

3.16 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 timely 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.

3.17 Viewpoint Consideration Prohibited

The Department may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor. The Department may not give a preference based upon a vendor’s social, political, or ideological interests.

3.18 Basis of Award

An award shall be made to the responsive and responsible vendor with the lowest Grand Total Price, as specified in Attachment C - Price Sheet for all specifications and considerations in response to this ITB. An award from this bid does not constitute an official purchase order, contract, agreement, or commitment on behalf of the State.

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

3.19 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.

3.20 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.

3.21 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.

3.22 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.

3.23 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 D - 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.

3.24 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 may complete and submit with its response Attachment E - Certification of Drug-Free Workplace Program 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.

3.25 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.

3.26 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.

3.27 Protest Procedures

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

Agency Clerk

The Holland Building 600 South Calhoun Street Tallahassee, Florida 32399

Physical filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be filed the next business day. Failure to file a 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.

SECTION 4.0 SPECIAL CONDITIONS

4.1 Purchase Order Terms and Conditions

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

FDACS-01341 Terms and Conditions.

4.2 Required Vendor Certification

A completed and signed Attachment F – FORM PUR 7801 should be included in the vendor bid response.

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

4.3 Modification after Contract Execution

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

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

4.4 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.

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

4.5 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.

4.6 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.

4.7 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.

4.8 Employment of Unauthorized Aliens

The employment of unauthorized aliens by any contractor is considered a violation of state and federal law. If the awarded vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The awarded vendor, and any subcontractors thereof, will be required to register with and use the E-Verify system to verify the work authorization status of all new employees of the awarded contractor and its subcontractors as required by Section 448.095, F.S.

4.9 National Defense Authorization Act

By submission of a bid response, the vendor hereby represents and warrants that it shall comply with the Federal Acquisition Regulation 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment pursuant to the National Defense Authorization Act. Failure to comply or if the vendor knowingly provides funds to any entity prohibited from receiving a contract or award pursuant to the Federal Acquisition Regulation 52.204-25, shall be cause for unilateral cancellation of the Department’s purchase order or contract. Subcontractors shall be verified through the General Services Administration (GSA) Federal Excluded Parties List at https://sam.gov/SAM/.

https://sam.gov/SAM/

4.10 Independent Capacity of Contractor

The contractor, its officers, agents, and employees, in performance of the work outlined in this ITB, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State.

4.11 No Subcontracting

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

4.12 Stop Work Clause

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

4.13 Insurance Requirements

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

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

4.14 Certificate of Insurance

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

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

Florida Forest Service 851 County Road 630 East Frostproof, Florida 33843

Certificate(s) shall be dated and show:

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

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

4.15 General Liability Insurance

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

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

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

General Liability $500,000 each occurrence

4.16 Drift Insurance

The contractor shall carry a minimum of $500,000 chemical drift control liability insurance, per occurrence. Evidence of such coverage must be provided to the Department prior to final execution of Project.

4.17 Contractor’s Automobile Liability Insurance

The contractor shall take out and maintain during the life of this agreement Automobile Liability insurance for…