FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 26 27 45

Solicitation Title: Slash Pine and Longleaf Pine Planting

Services – Goethe State Forest

Brenda Paul, 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 45

SECTION 1.0 INTRODUCTORY SECTION

1.1. Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Florida Forest Service (FFS) seeks to obtain competitive bids for tree planting services of approximately 480 acres within Goethe State Forest, located in Levy County, Florida. 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 September 15, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Recommended Site Visit September 17-18, 2026 Goethe State Forest

9110 SE CR 337

Dunnellon, Florida 34431

Last day for Vendors to Submit Questions September 21, 2026

Florida Department of Agriculture and Consumer Services

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

September 23, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due September 28, 2026, 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 September 29, 2026, 9:30 AM

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

OR

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

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:

Brenda Paul, Procurement Officer 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.

1.6. Recommended Pre-Bid Site Visitation

Contractors are strongly encouraged to inspect the project site prior to submitting a bid. A site visit allows vendors to evaluate all general and local conditions that may affect bid preparation and the cost of performing the required work. Each vendor is responsible for considering all site conditions and project requirements when preparing their bid.

Scheduling a Site Visit: Site visits may be arranged with the designated FDACS representative:

Kari Hurst, Senior Forester Location: Goethe State Forest, 9110 SE CR 337, Dunnellon, Florida 34431 Phone Number: (352) 566-5221 or Email: Kari.Hurst@FDACS.gov 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 mailto:Kari.Hurst@FDACS.gov

A site visit is strongly recommended; however, it is not a mandatory requirement for submitting a bid. Contractors who choose not to visit the site remain fully responsible for understanding all project conditions and requirements. The Contractor shall coordinate and scheduled all work with the Forester-in-Charge.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

The Contractor shall provide all labor, materials, equipment, tools, transportation, supplies, and the necessary supervisor to complete seedling planting on approximately 480 total acres within Goethe State Forest. No materials, labor, or equipment will be provided by the Department unless expressly stated.

The Contractor shall only use planting equipment approved by the FFS and shall plant all required seedlings at each site in accordance with the specifications set forth in this solicitation.

All seedlings for this project will be provided by the FFS.

2.2. Project Sites

The project consists of two (2) distinct planting sites within Goethe State Forest. Site boundaries will be identified in the field by roads, fire lines, stand edges, tree lines, flagging, or other methods as discussed with the awarded vendor. See Appendix I – Maps for detailed site locations.

1) Site One – Otter Creek Tract: Approximately 454 acres shall be planted at a targeted density of 726 trees per acre. This site requires machine planting of bare-root slash pine seedlings. The Contractor shall ensure proper spacing, planting depth, and seedling handling to maximize survival.

2) Site Two – Daniels Island Tract: Approximately 26 acres must be planted at a targeted density of 726 trees per acre. This site requires hand planting of containerized longleaf pine seedlings. The Contractor shall ensure correct seedling placement, spacing, and root-to-soil contact is consistent with the Department’s standards.

2.3. Project Period

The anticipated contract period shall begin upon execution of the Department’s purchase order and continue through February 28, 2027. No planting activities shall begin before December 1, 2026, and all planting must be completed no later than January 31, 2027.

The FFS will make every reasonable effort to ensure seedlings are available to the Contractor when needed; however, continuous availability cannot be guaranteed, and the Contractor shall plan planting operations accordingly.

2.4. Estimated Quantities

The quantities provided in this ITB are estimates only and are to be used as a guideline. The Department reserves the right to add or reduce any item; therefore, the Department assigned purchase order shall be the official determination for final quantities.

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 Goethe State Forest. The Contractor’s staff who fail to follow required rules, policies, and procedures may be removed from the worksite.

The Contractor shall meet all performance requirements. Failure to do so, excluding insufficiencies cause by circumstances beyond the Contractor’s control as determined by the FFS, may result in termination of the Department’s purchase order 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 an FFS representative present.

2.6. Planting Instructions

Both project sites shall be planted at a density of 726 trees per acre, with spacing of six feet (6’) between trees, and 10 feet between rows.

1) Bare-Root Slash Pine Planting Requirements: All bare-root slash pine seedlings must be planted with the root collar one to two inches (1” – 2”) below the soil surface.

2) Containerized Longleaf Pine Planting Requirements: All containerized longleaf pine seedlings must be planted with the top of the soil plug level with or slightly above the soil surface, but never below. Seedlings with the bud below the soil surface or the top of the plug more than one-half inch (1/2”) above the soil will be considered incorrectly planted.

All seedlings must be planted in a vertical, upright position. Planting tools must create openings wide and deep enough to prevent “J” or “L” shaped root formation. Soil must be firmly packed around each seedling to eliminate air pockets. If any Contractor-owned equipment is determined by the FFS to be inadequate for proper planting, it must be replaced immediately to ensure timely completion of the work.

If additional acreage is added to this project, all planting activities shall be in accordance with the specifications outlined in this ITB. All seedlings provided by the FFS must be planted, and at least 90% of the prescribed number of seedlings must be planted satisfactorily in accordance with the specifications outlined herein.

2.7. Seedlings Care, Handling, and Storage

The Contractor must protect seedlings and take all necessary precautions to prevent damage to them from the time of receipt through planting.

1) Protection from Sun, Wind, and Adverse Temperatures: Seedlings must be handled, stored, and transported to ensure protection from sun, wind, freezing temperatures, and excessive heat. Seedlings shall be kept in a seedling cooler or covered with a seedling tarp at all times. When shade is available at the planting site, seedlings shall be stored in the shade and covered. Damaged boxes or seedling bundles shall be repaired or patched immediately.

2) Keeping Seedling Roots Moist: Seedling roots shall be kept moist at all times. Tree seedlings shall not to be placed or dipped in water but may be covered with wet burlap or other suitable materials.

3) Protection from Contamination: Seedlings shall be protected from contamination by gasoline, diesel fuel, oils, chemicals, or any other harmful materials. The FFS representative will inspect seedlings prior to planting, and any contaminated seedlings will be destroyed and shall not be planted.

4) Seedling Storage and Delivery: The FFS representative will deliver the seedlings to a centralized location near the planting site(s), where they will be stored in a refrigerated trailer. Seedlings are considered delivered to the Contractor upon arrival. The Contractor is responsible for unloading seedlings from the trailer and distributing them to individual planting sites. All unplanted seedlings must be re-boxed and returned to the refrigerated trailer at the end of each workday.

5) Pruning and Culling of Seedlings: The Contractor shall not prune or cut seedling roots.

Seedlings deemed unacceptable for planting due to long roots or damage must be returned to the FFS representative for inspection and kept moist. No seedlings shall be left unplanted on the ground.

2.8. Contractor Equipment and Personnel Requirements

The Contractor shall provide sufficient personnel and equipment to plant an average of at least 15 acres per day and complete all work within the project period. If the Contractor is using laborers that do not speak English, the Contractor shall provide a crew foreman that is fluent in both English and the language of the laborer(s). The foreman shall be designated in writing and remain on-site throughout the project.

All Contractor equipment shall be of the proper type, size, and mechanical condition necessary to complete the work. The FFS representative will determine the appropriate equipment based on the planting site and weather conditions.

Planting operations shall not stop for more than 48 consecutive hours without prior approval from the FFS representative.

Contractor personnel issues shall be resolved promptly to avoid delays. In the event of adverse weather, the Contractor shall provide additional personnel as necessary to make up for the lost time and ensure work is completed timely.

2.8.1. Planting Equipment Requirements

The Contractor shall be equipped with the following to properly hand plant containerized longleaf pine seedlings:

• Containerized Seedling Dibble

• Bare Root Seedling Dibble or KBC Dibble

• Concave Blade HoeDad

The Contractor shall be equipped with the following to properly plant bare-root slash pine seedlings.

• A tree planting machine pulled by a crawler tractor or farm tractor.

• Planting equipment capable of planting seedlings in the center of raised beds.

• Planting machine equipped with a coulter at least 28” in diameter.

• Coulter and planting shoe capable of penetrating all soil types to a depth of at least 10”.

The Contractor shall maintain no fewer than two (2) operational planting machines at all times.

2.9. Compliance With Laws

The Contractor and laborers shall comply with all applicable federal, State, and local government laws, rules, policies, procedures, and ordinances of the Department of Agriculture and Consumer Services, the Florida Forest Service, and Goethe State Forest. This includes, but is not limited to:

• Section 247A(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.

2.10. Resource Protection

The Contractor shall adhere to and implement all applicable Best Management Practices for silviculture operations and ensure the following protections are met:

1) Protection of Archaeological and Historical Resources: The Contractor must immediately stop work upon discovering any suspected archaeological or historical materials and immediately notify the FFS representative.

2) Protection of Native Plant Communities: Due to the highly aggressive nature of invasive exotic plants, the Contractor must ensure no further spread of these species occurs on any state forest. No soil-disturbing activity may take place in areas infested by invasive exotics. The Forester-in-Charge will identify all infested areas during the pre-work meeting, and these areas must be avoided. All soil-disturbing equipment must be thoroughly cleaned prior to removal from the site.

3) Erosion Control: All equipment shall be operated in a manner that causes the least possible disturbance to the soil.

4) Protection of Faunal Species: The Contractor shall take every precaution to avoid disturbing or harassing wildlife encountered on state-managed lands. The willful killing of any animal species-including amphibians, birds, fish, mammals, or reptiles- will not be tolerated. Violations will result in contract termination and subject the Contractor to prosecution under applicable wildlife laws.

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

https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf

2.11. Weather Conditions

If weather conditions cause extended delays or unfavorable planting conditions the Department’s purchase order may be terminated early.

1) Drought: Planting will not be allowed if there is not sufficient moisture in the ground.

Determination of proper soil moisture will be the decision of the Division.

2) Freezing: Planting will not be allowed when the ambient air temperature is below 32 degrees Fahrenheit or when the surface soil is frozen.

3) Wind: Planting will not be allowed when wind speed reaches or exceeds 20 miles per hour (mph). The Forester-in-Charge has the right to shut down operations at any windspeed if it is determined that the wind is drawing out moisture from the seedlings.

2.12. Licensing

The Contractor shall maintain valid certifications, licenses, and permits required for the services prescribed above for the duration of the contract period. Failure to provide proof of certifications and licenses may result in rejection of your bid or cancellation of the Department’s purchase order.

2.13. 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 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.

2.14. Sub-Contractors

The contractor shall submit to the Department a list of subcontractors who will perform work. The contractor shall have determined, to their own complete satisfaction, that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time and is qualified both technically and financially to perform the phase of this work for which they are listed. Proof of any licenses or certifications required of subcontractors shall be submitted with the list of subcontractors.

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

SECTION 3.0 INVITATION TO BID PROCESS

3.1. Advertisement

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

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.

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

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:

• 70111601 Planting 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.

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

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.

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, and return Attachment D - Price Sheet. Bid prices must be firm and be inclusive of all services, packaging, handling, shipping and delivery charges, environmental fees, 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 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. Purchase Order Terms and Conditions

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

FDACS-01341 Terms and Conditions.

4.2. Required Vendor Certification

A completed and signed Attachment 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.

4.4. MyFloridaMarketPlace Transaction Fee

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

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

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

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

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

4.5. Public Entity Crimes

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

4.6. Discrimination Statement

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

4.7. Antitrust Statement

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

4.8. Employment of Unauthorized Aliens

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

4.9. 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. 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.

4.11. Site Clean Up

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

4.12. 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.

4.13. Certificate of Insurance

The Contractor shall furnish proof of insurance coverage within 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 Goethe State Forest

9110 SE CR 337

Dunnellon, Florida 34431

Certificate(s) shall be dated and show:

1) Name of the insured Contractor,…