ITB FFS 26 27 34_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 26 27 34

Solicitation Title: 2026 – 2027 Seed Harvesting, Extraction, Processing, and Associated Work at Munson Seed Orchard

Stephanie Bergozza, Procurement Officer

407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800

Bids@FDACS.gov

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of

Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 26 27 34

SECTION 1.0 INTRODUCTORY SECTION

1.1. Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Florida Forest Service seeks to obtain competitive bids for seed harvesting, extraction, processing, and associated work at Munson Seed Orchard located in Milton, Florida. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a contractual services agreement 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 August 12, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Last day for Vendors to Submit Questions

August 14, 2026

5:00PM

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

Anticipated Posting of Written Responses to Vendors

Questions August 17, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due August 27, 2026

5:00PM

Florida Department of Agriculture and Consumer Services – Mayo Building

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

Public Bid Opening August 28, 2026

9:30AM

Teleconference Number: (877) 273-4202 Conference Room Number: 585 608 901

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 mailto:Bids@FDACS.gov

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:

Stephanie Bergozza, 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, and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

The Contractor shall provide all labor and services as detailed in these technical specifications to perform the required work tasks as specified in Section 2.7 below. All seed-handling supplies, harvesting tools, cone-collection crates, and processing equipment will be provided 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

2.2. Harvest Period

Because the exact harvesting window is dependent on seasonal and environmental conditions, the actual start and end dates of the Harvest Period will be established once the harvesting window is confirmed. The anticipated Harvest Period for seed harvesting, extraction, processing, and associated work is October 5, 2026, through December 23, 2026. These dates are estimates only and may be adjusted by the Department, based on the actual harvesting window. The Contractor must remain able to perform services throughout the harvesting window once finalized by the Department. The Department estimates that all harvesting activities will take approximately 54 days to complete.

2.3. Estimated Quantities

The Contractor shall provide ten (10) laborers for an eight-hour workday each working day for the duration of the Harvest Period specified in Section 2.2. Work shall be performed Monday through Friday from 7:00 a.m. to 3:30 p.m., Central Time (CT), with a mandatory lunch break from 12:00 p.m. to 12:30 p.m., (CT).

No work shall be performed on official State holidays, or any other FDACS closures that occur during the Harvest Period. The pre-determined non-working dates are as follows:

• Wednesday, November 11, 2026 – Veterans’ Day

• Wednesday, November 25, 2026 – Day Before Thanksgiving

• Thursday, November 26, 2026 – Thanksgiving Day

• Friday, November 27, 2026 – Friday After Thanksgiving

2.4. Project Manager

The Contractor shall coordinate and schedule all work with the FFS Project Manager / Supervisor-in-Charge:

Ethan Darnell, Environmental Specialist II Location: Munson Seed Orchard, 10726 E Hwy 4, Milton, Florida. 32570 Phone Number: (850) 686-2765 Email: Ethan.Darnell@FDACS.gov

2.5. General Requirements / Information

The Contractor shall comply with all rules, policies, and procedures of the Department of Agriculture and Consumer Services, the Florida Forest Service, and Munson Seed Orchard. Laborers who fail to follow required rules, policies, and procedures may be removed from the worksite.

The Contractor shall meet all performance or production requirements. Failure to do so, excluding insufficiencies caused by circumstances beyond the Contractor’s control as determined by the FFS, may result in contract termination and may also affect eligibility for future contracts for up to three

(3) years.

An FFS representative must be on-site during all operations. No harvesting, extraction, processing, or related work may occur without the FFS representative present.

mailto:Ethan.Darnell@FDACS.gov

The FFS Project Manager may suspend cone harvesting and packaging during rainy weather conditions. Cones must not be harvested wet.

Financial consequences for insufficient labor or inadequate work performance shall be applied in accordance with Section 2.11, Performance Measures and Financial Consequences.

2.6. Personnel

The Contractor shall provide ten (10) laborers each workday, including one (1) designated crew leader. If the laborers are not fluent in English, the crew leader must be fluent in English and the laborers' primary language to ensure effective communication and compliance with all worksite instructions.

All laborers must be capable of performing physically demanding orchard work, including lifting up to fifty (50) pounds.

2.7. Required Work Tasks

1) Seed and Cone Harvesting (October–November)

• Collect pine cones from the orchard ground using FFS-supplied grabbers and buckets.

• Label and organize cone collection crates.

• Load crates onto FFS trailers for transport.

• Clip sand pine cones using lifts provided and operated by FFS.

• Participate in field harvesting operations, including clipping cones from felled sand pine trees. Locations may include designated areas on Blackwater River State Forest and surrounding collection areas up to fifty (50) miles.

2) Seed Extraction & Cone Drying Operations (October–November)

• Rake cones as they exit the dry cone hopper.

• Monitor and maintain inlet/outlet flow of the dry cone tumbler.

• Fill, level, and organize green-cone drying trays.

• Rake and straighten cones in trays and stage trays for placement onto dryers by FFS staff.

3) Seed Processing (November–December)

• Assist in loading and operating the seed dewinger.

• Assist with use of the seed cleaner/sizer, seed dryer, and gravity separator.

• Handle processed seed carefully to avoid loss, contamination, or damage.

• Label all seed lots and ensure no mixing of types of seed.

4) Daily Housekeeping

• Clean bathrooms and workspaces at the end of each workday.

• Sweep floor and remove stray cones

5) Other Tasks May Include

• Trimming brush under collection trees.

• Backpack herbicide around orchards and facilities.

• Assisting in repairing or servicing processing equipment and facilities.

• Sweeping work areas and removing trash.

• Boxing cones for decorative cone sales.

• Removing downed trees from collection areas.

• Planting seedlings in ground or pots.

2.8. Personal Protective Equipment (PPE)

The Contractor shall supply the following PPE for laborers performing services at the worksite:

• Boots

• Gloves

• Eye protection approved by the Occupational Safety and Health Administration (OSHA)

• Dust masks

• Ear plugs

In addition to the PPE listed above, all laborers will be required to always wear long pants and closed-toe shoes. Shorts will not be permitted.

2.9. Cell Phone Policy

Cell phone use by laborers, other than the Contractor’s designated crew leader, is prohibited during work hours. Phones may be used during lunch breaks only.

2.10. Transportation

The Contractor and/or laborers must provide their own transportation to and from the worksite.

2.11. Performance Measures and Financial Consequences

The Department has developed the following Performance Measures, which shall be used to measure Contractor performance and delivery of services.

Deliverable Performance Measure Financial Consequence

1.

Seed and Cone

Harvesting Production

Laborers meet daily harvesting volumes established by the Project Manager; cones are clean, properly labeled, and delivered dry and without contamination.

A ten percent (10%) reduction of the Firm Fixed Unit Price Per Day will be deducted per day if cones are wet, incorrectly labeled, or contaminated with trash.

Repeated occurrences may result in contract termination.

2.

Cone Drying and

Extraction Operations

All drying trays filled properly, and tumbler inlet/outlet tasks are performed correctly. Tumbler must be fed at correct rate and cones rolled adequately.

Overfilled trays or insufficient dry cone seed extraction tasks must be immediately corrected; If rework is required it will occur at no additional cost to the Department.

Deliverable Performance Measure Financial Consequence

3.

Seed Processing

Quality

Laborers properly assist with dewinging, cleaning/sizing, drying, and separation without causing seed loss, seed lot mixing or contamination.

Any batch reprocessing due to error reduces daily output, possibly resulting in insufficient production; If reprocessing is required it will occur at no additional cost to the Department.

4. Laborers Ten (10) laborers present for the full 8-hour workday.

A 10% reduction of the Firm Fixed Unit Price Per Day will be deducted for each laborer not present for the full eight-hour (8) workday.

5.

Laborers cell phone use

Cell phone use during working hours, excluding lunch breaks, is prohibited by all laborers other than the

Contractor’s designated crew leader.

1st offense will result in a verbal warning to the crew leader.

2nd and future offense will result in a 10% reduction of the Firm Fixed Unit Price Per Day per offense from that week’s invoiced amount for labor.

6.

Seed Processing

Quantity

Cone dryer must be loaded and unloaded within an eight-hour (8) workday. Dewinging of longleaf pine must accomplish twenty (20) drums per workday. Seed drying must exceed 250 pounds per workday after extraction/cleaning.

A 10% reduction of the Firm Fixed Unit Price Per Day will be deducted for each day minimum processing is not met.

7. Daily Housekeeping Bathrooms and work areas are cleaned daily.

A five percent (5%) reduction of the Firm Fixed Unit Price Per Day will be deducted for each workday cleaning is not completed.

2.12. Compliance With Laws

When on State property, the Contractor and laborers shall comply with all applicable federal, state, and local laws, ordinances, and Department of Agriculture and Consumer Services, Florida Forest Service, and Munson Seed Orchard policies and procedures. This includes, but is not limited to:

• Section 274A(e) of the Immigration and Nationality Act

• Fair Labor Standards Act

• Migrant and Seasonal Agricultural Worker Protection Act

• Americans with Disabilities Act

Violation of any applicable laws may result in contract termination.

2.13. Licensing

The Contractor shall maintain all certifications, licenses, and permits required to perform the services described in this ITB for the duration of the contract term.

Failure to provide proof of required certifications, licenses, and permits may result in bid rejection or contract termination.

2.14. 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, Technical Specifications, (See Attachment A - 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 by dialing 7-1-1 or visit https://www.ftri.org/relay for assistance.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ftri.org%2Frelay&data=05%7C02%7CBrenda.Paul%40fdacs.gov%7C82cf2663a377494231bb08deb4f30c88%7C62557d98bd114a888a7b57bc3df0190b%7C0%7C0%7C639147153143003524%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xadpq3i9aOFkF%2B444f%2FxT6OUO0nZrz1EXpbEO%2FGwN9Q%3D&reserved=0

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, Procurement Officer, within the time indicated in Section 1.2, Timeline. Verbal Questions, or those submitted after the period specified in the Timeline, will not be acknowledged.

Responses to written questions will be published on the VIP on or about the date referenced in Section 1.2.

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:

• 70141900 - Crop harvesting

• 70141904 - Seed harvesting services

• 70151700 - Forestry harvesting

• 73151600 - Packaging services

• 73151602 - Packaging of agricultural by products services

• 73151606 - Manual hand packaging services

• 80111613 - Temporary manual labor https://vendor.myfloridamarketplace.com/

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

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 THAT SEALED BIDS ARE DUE IN SECTION 1.2, TIMELINE. POSTMARKED OR

CLOCKED IN BY FEDEX, UPS, OR U.S. POSTAL SERVICE IS NOT ACCEPTABLE FOR BEING

RECEIVED IN THE PURCHASING OFFICE.

https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

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 their bid submission.

3.11. Price Sheet

Vendor shall complete, sign, 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 contractual services agreement.

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 contractual services agreement 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 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 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 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

A draft Contract is provided as Appendix I, Contractual Services Agreement (DRAFT). By submission of a bid, the vendor agrees to the State of Florida contract conditions set forth therein.

In the case of conflict between the PUR 1000 General Contract Conditions and the Florida Department of Agriculture and Consumer Services Contractual Service Agreement, the Florida Department of Agriculture and Consumer Services Contractual Service Agreement shall prevail, unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in PUR1000 shall take precedence. This document does not need to be returned with your bid submission.

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 contractual services agreement. 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.

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 termination 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. 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.

4.10. No Subcontracting

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

Contractor shall comply with all laws regarding prompt payment to subcontractors, including Section 287.0585, F.S.

4.11. Stop Work Clause

The Department's on-site representative shall have authority to stop work. In the event work is halted, it may not resume until the reason the work was stopped is corrected, and approval has been provided. If the Department determines that contract violations prevent the Contractor from completing the work, the Department will compensate the Contractor only for the hours actually worked.

4.12. Site Clean Up

Upon completion of services each day, the Contractor shall remove all trash and debris generated from the project site and leave area in same condition as provided by the Department.

4.13. 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 the owner has approved such insurance. Nor shall the Contractor allow any independent/subcontractor to commence work on its 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 ten (10) calendar days after notification of award and prior to starting the contracted work.

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 Munson Seed Orchard 10726 E Hwy 4 Milton, Florida 32570

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 thirty (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. Contractor’s Automobile Liability Insurance

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

Minimum Limits of Liability $300,000 any automobile

4.17. Worker’s Compensation Insurance

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

Employers who have employees who are engaged in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers’ compensation coverage requirements. Such exemptions are limited to a maximum of three (3) per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers’ compensation insurance.

4.18. Insurance, Loss Deductible Clause

The State of Florida shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance.

4.19. Invoicing and Payment

Payment will be made upon delivery and/or satisfactory completion, by State government warrant.

Invoices must be submitted in triplicate and include sufficient detail, to allow for a proper pre-audit and post-audit thereof, to the Contract Manager. Payment will be made based on the bid price for successful completion of services. Payment shall be made in accordance with Section 215.422, F.S.

Invoices shall be submitted as outlined in the contractual services agreement.

4.20. Cooperation with the Inspector General

Pursuant to Section 20.055(5), F.S., the Contractor and any of its subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

4.21. Vendor Ombudsman

Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the…