FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 25 26 65

Solicitation Title: Wet Prairie Restoration – Picayune Strand 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 65

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 services to treat cabbage palm trees (Sabal palmetto) within a project area consisting of four (4) subunit sites totaling approximately 1,078 acres within Picayune Strand State Forest, located near Naples, Florida. It is preferred that initial treatments be completed by May 1, 2026, but must be fully completed by August 1, 2026. The deadline for invoice submission will be September 11, 2026. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a 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 February 12, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Mandatory Site Visit February 20, 2026, at 9:00 AM

Picayune Strand State Forest 2121 52nd Ave SE

Naples, Florida 34114

Last day for Vendors to Submit Questions

February 24, 2026, by 5:00 PM

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov Anticipated Posting of Written Responses to Vendors Questions

February 26, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due March 5, 2026 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 March 6, 2026, at 10:00 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/search/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 mailto:Bids@FDACS.gov 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

Respondents to this solicitation or persons acting on their behalf may not contact, 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.

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

This ITB seeks a qualified vendor to furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required for the herbicide treatment of cabbage palm trees (Sabal palmetto) equal to or less than 25 feet in height (measured at the apical bud), across the project area consisting of four (4) subunit sites totaling approximately 1,078 acres within Picayune Strand State Forest. All equipment used must be acceptable to and approved by the Florida Forest Service (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

Interested vendors must submit bid prices for the entire project that includes a per acre unit price for each of four (4) subunits identified for treatment:

Site 1 (216 acres) Site 2 (92 acres) Site 3 (126 acres) Site 4 (644 acres)

Total (1078 acres)

For specific subunit site locations, please refer to the treatment area maps provided in Appendix I - Maps.

The purchase order resulting from this ITB may be awarded for one or more subunits (i.e. sites), and may not include all 1,078 acres, depending on budget constraints.

It is preferred that initial treatments be completed by May 1, 2026, to allow sufficient time (typically at least 4 weeks) for cabbage palms to respond to herbicides. Initial treatments can extend past this deadline; however, the contractor may encounter site accessibility issues due to summer rainy season conditions. Treatments, and any required retreatments, may extend beyond the FFS fiscal year end (June 30) but should be fully completed by August 1, 2026, to allow sufficient time for compliance checks. Invoices must be submitted for processing no later than September 11, 2026.

2.2. Treatment Specifications and Instructions

The contractor shall ensure complete treatment of the project area achieving 100% coverage. A minimum of 95% of the treated cabbage palms must be dead within three (3) to four (4) months following the completion of herbicide application. Any areas found to be untreated or not responding to treatment shall be required to be retreated at the contractor’s expense.

2.2.1. Project Site Location and Access

The four (4) designated subsites, totaling approximately 1,078 acres, are comprised primarily of wet prairie habitat that has been invaded by cabbage palms. The density of treatable cabbage palms less than or equal to 25 feet in height is variable across the four subsites. The subsites are accessible via Everglades Boulevard, Patterson Boulevard, and other Forest Service roads, which also provide access to nearby equipment staging areas. The project area is not gated; however, some staging areas may be gated, and lock combinations will be provided as needed. ArcGIS shapefiles depicting the project area and its boundaries will be provided by FFS to the contractor, via email, prior to the start of work.

2.2.2. Treatment Procedure

All cabbage palms within the project area shall be treated with herbicide. Effective treatments of cabbage palms have been previously achieved using 20-25% Triclopyr 4 mixed in a Bark Oil media, applied to the apical bud located at the central top of each plant using hand-held or backpack sprayers thoroughly saturating the growing shoot and surrounding application site. Use of a Triclopyr/Oil mixture shall not be used in areas with standing water; in such cases, the contractor must wait until site conditions are dry or use an alternate herbicide. Other methods / herbicides may be considered by the FFS Project

Manager if approved in advance.

Herbicide application must not occur during rainy conditions or within three (3) hours before any expected rainfall. All applications of herbicide must be performed in a manner to protect non-target organisms, the environment, and the public.

The contractor responsibility for systematically treating all cabbage palms less than or equal to 25 feet in height (measured to the apical bud) within the project area achieving a minimum 95% kill rate. Cabbage palms greater than 25 feet in height (i.e. out of reach of backpack herbicide sprayers with extensions) are excluded from this treatment.

Cabbage palms are to be killed using herbicide only. Mechanical methods for reducing cabbage palm density (e.g. mulching, chain sawing, etc.) are strictly prohibited due to the sensitivity of the wet prairie habitat and shallow soils. Herbicide treated vegetation shall be left to decompose naturally on-site.

A compliance check will be conducted by the FFS project manager at least four (4) weeks following initial treatment. This is typically the minimum time needed for cabbage palms to show response to herbicide treatments. This 4-week delay has been incorporated into the project deadlines.

The contractor shall retreat any areas not treated during the initial application or not responding to the treatment at no additional cost to the Department, if it is determined that the contractor provided faulty treatment measures as evidenced by absence of marker dye on target vegetation, absence of visitation according to GPS tracks, or insufficient plant mortality. The contractor must use herbicides and application methods appropriate for site conditions, including areas with shallow water.

2.2.3. Special Precautions

The contractor shall make every effort to avoid collateral damage to native vegetation and wildlife during herbicide application.

2.2.4. Herbicide Mixing and Storage

Herbicide mixing and storage areas will be established and approved by the FFS Project Manager prior to the start of work. The contractor is responsible for the off-site disposal of all contractor-generated trash and herbicide containers.

Herbicide rinsing shall be conducted in strict adherence to label directions. Water may be obtained from the Picayune Strand State Forest Headquarters located at 2121 52nd Avenue SE, Naples, Florida 34114. Additional water sources will be established and approved by the FFS Project Manager for the project area based on water levels.

The contractor shall provide all necessary pumps and equipment to draw water and may use large water containers or large batch mixes. The Contractor is permitted to stage equipment on-site at their own risk for the duration of the project.

2.2.5. Label and Safety Adherence

The contractor shall strictly adhere to all herbicide label instruction including application, precautionary, and safety statements, and shall comply with all FFS requirements. In addition, the contractor shall comply with all federal, state, and local laws and regulations governing the handling, application, transportation, storage, and disposal of herbicides and related materials. These regulations include at a minimum, Federal Insecticide, Fungicide and Rodenticide Act 29 CFR 1910, OSHA General Industry Standards, and Chapter 487, F.S.

2.2.6. Verification and Compliance

The contractor shall permit FFS personnel to confirm chemical application rates per acre.

Upon the Department’s request, the contractor must show the FFS Project Manager the sealed herbicide containers prior to application and the empty containers following completion of the project.

2.2.7. Weather Conditions

Treatment shall only be conducted under suitable weather conditions. Determination of weather suitability shall be made solely by the FFS Project Manager, or their designee.

The FFS Project Manager reserves the right to delay, suspend, or terminate herbicide application operations due to adverse weather or site conditions.

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

2) On-the-Ground Flooding: Application of oil-based herbicides will only be permitted when there is no standing water present.

3) Drought: Excessively dry conditions can cause vegetation to become dormant and unable to translocate herbicides, resulting in little to no plant mortality. Herbicide application should be timed to avoid periods of drought.

2.2.8. Data Collection

The contactor is responsible for collecting and providing treatment data for the FFS.

Herbicide data must be recorded using Appendix II – Herbicide Application Record.

The Contactor will also collect and provide GPS track data detailing the area worked each day.

2.2.9. Data Verification

1) The contractor shall include all GPS tracks and Herbicide Application Records with each invoice submitted via email to the FFS Project Manager.

2) The contractor shall verify all information submitted on the Appendix II – Herbicide Application Record. The Contractor’s signature verifies records are accurate.

2.3. Best Management Practices

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

2.4. Lapse in Operations

The contractor’s operations shall not remain idle for more than 48 consecutive hours without the approval of the FFS Project Manager. Any contractor personnel-related issues must be resolved https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf immediately by the contractor to avoid delays.

If the contractor uses personnel on this project who are not fluent in English, the contractor shall provide a project foreman who is fluent in both English and the language spoken by those personnel.

2.5. Estimated Quantities

The estimated treatment acres are given only as a guide for vendors preparing a bid in response to this ITB and should not be construed as representing the actual acreage to be treated under the resulting contract.

The FFS reserves the right to increase the treatment acreage up to an additional 20% of the specified contracted treatment acreage at the same unit price per acre on the contractor’s bid response, if necessary.

2.6. Mandatory Pre-Bid Site Visitation

A mandatory pre bid conference for any prospective vendor will be held at Picayune Strand State Forest, 2121 52nd Ave SE, Naples, Florida 34114. Vendors are limited to two (2) representatives each and must have the Certification of Site Visitation form (Attachment A - Certification of Site Visitation) signed at this time. Any bid received from a prospective vendor that did not attend the mandatory pre-bid conference will be deemed non-responsive as provided in Section 3.16, Bid Evaluation. The purpose of this conference will be to clarify the contents of this bid to prevent misunderstanding of the Department’s terms, conditions and specifications for this project. The conference will consist of a session wherein each page of the bid (including technical specifications) will be discussed. General questions related to the specifications and services for this project will be answered. Any material changes to the bid terms, conditions, plans or specifications must be stated in writing in the form of an addenda issued through the Department’s purchasing office as outlined in Section 3.5, Addenda.

2.7. Licensing

The contractor shall possess a valid certified commercial herbicide applicators license in natural areas weed management and/or the aquatic category and include a copy with its bid submission.

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

2.8. Past Performance / References

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 B - Past References / References). References must be current or former clients of the responding vendor. Confidential clients shall not be included. The Department will not accept subcontractor / proposed personnel or personal references of a member of the responding vendor 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 as provided in Section 3.16, Bid Evaluation.

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:

• 70151501 - Forest Resource Management

• 70141604 - Herbicide 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. 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 https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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 C – FDACS Acknowledgement Form, with their bid submission.

3.11. Price Sheet

Vendor shall complete, sign, date and return Attachment D - 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 purchase order.

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 D - Price Sheet for all specifications and considerations including renewal years, 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 E - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.24. 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 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 Business Enterprise, the Department must contract with the Certified Business Enterprise. Vendors must provide a copy of this certification pursuant to Section 287.09451, F.S., 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 F - 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 deemed 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. Contract 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 G – FORM PUR 7801 should be included in the vendor bid response.

Certification and attestation forms marked as required in Attachment G – 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.

Contract Manager:

Michael Weston, Forest Resources Administrator Caloosahatchee Forestry Center 10941 Palm Beach Blvd.

Fort Myers, Florida 33905 Phone: (239) 220-2404 Email: Michael.Weston@FDACS.gov

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.

https://forms.fdacs.gov/01341.pdf mailto:Michael.Weston@FDACS.gov

4.5. MyFloridaMarketPlace Transaction Fee

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

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

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

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

4.6. Public Entity Crimes

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

4.7. Discrimination Statement

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

4.8. Antitrust Statement

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

4.9. Employment of 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.

4.10. National Defense Authorization Act

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

4.11. 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.

4.12. 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.

4.13. 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.

4.14. Site Clean Up

Upon completion of services, the contractor shall remove all trash, debris and rinse water generated from the project 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. All herbicide containers, rinse water and related contractor-generated debris shall be removed from the State Forest and properly disposed of by the Contractor. The Department will not pay for hauling, dumping, tipping, trash, hazardous waste fees or other related waste fees.

https://sam.gov/SAM/

4.15. Insurance Requirements

The contractor shall not commence any work in connection with the project until it has obtained all the following types of insurance and received the Department’s approval: General Liability, Drift, Automobile Liability, and Workers Compensation. 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.

4.16. 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…