ITB FFS 26 27 47_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 26 27 47

Solicitation Title: Herbicide Treatment Services - Myakka

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 47

SECTION 1.0 INTRODUCTORY SECTION

1.1. Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department) seeks to obtain competitive bids for herbicide treatment services targeting invasive exotic plant species located along the southeast border of the main body of the forest encompassing approximately 241 acres within Myakka State Forest located in Sarasota 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 October 27, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Mandatory Pre-Bid Site Visit

November 3, 2026, 9:00 AM

Myakka State Forest 2555 S. River Rd.

Englewood, Florida 34223

Last day for Vendors to Submit Questions November 6, 2026

Florida Department of Agriculture and Consumer Services

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

November 12, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due November 18, 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 November 19, 2026, 10:00 AM

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

OR

Mayo Building

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

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. Mandatory Pre-Bid Site Visitation

Prospective vendors are required to attend a pre-bid conference at 9:00 AM (ET), on November 3, 2026, at Myakka State Forest, 2555 S. River Rd., Englewood, Florida 34223. Attendance at the conference shall be limited to two (2) representatives per prospective vendor.

Prospective vendors will be required to sign in at the pre-bid conference and must bring a copy of Attachment A – Certification of Site Visitation to be signed. Any bid received from a prospective vendor that did not attend the mandatory pre-bid conference will be deemed non-responsive as provided in Section 3.15, Bid Evaluation.

The purpose of this conference will be to clarify the contents of this bid to prevent 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 misunderstanding of the Department’s terms, conditions and specifications for this project. The conference will consist of a session wherein each page of the bid (including technical specifications) will be discussed. General questions related to the specifications and services for this project will be answered. Any material changes to the bid terms, conditions, plans or specifications must be stated in writing in the form of an addenda issued through the Department’s purchasing office as outlined in Section 3.4, Addenda.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

This ITB requests competitive bids for herbicide treatment services targeting invasive exotic plant species. The area to be treated is located along the southeast border of the main body of the forest and encompasses approximately 241 acres. The Contractor shall perform initial herbicide treatment of all Florida Invasive Species Council (FISC, formerly the Exotic Pest Plant Council [FLEPPC]) Category 1 non-native plants within the designated project area.

The project must be completed no later than June 10, 2027.

Non-native invasive plants are scattered throughout the project area, with coverage ranging from less than 1% to approximately 50%. Please refer to Appendix I - Map.

Project area boundaries will be identified by road, service road, natural boundaries, flagging attached to adjacent trees, timber marking paint, and/or GPS/GIS data. Treatment areas and boundaries will be reviewed with the Contractor prior to the start of work. GIS (ESRI shapefiles) will be provided by the Florida Forest Service (FFS) Project Manager upon request.

The Contractor must use spraying equipment acceptable to the FFS Project Manager to treat all Category I invasive exotic plants listed on the FISC 2023 List of Invasive Plant Species (https://www.floridainvasives.org/plant-list/2023-invasive-plant-species/) located within the project area. Invasive plant species most likely to be encountered include Brazilian pepper, rosary pea, Old World climbing fern, cogon grass, Caesar weed, and melaleuca.

2.2. General Requirements / Information

The Contractor shall provide all transportation, labor, materials, equipment, tools, personnel, supervision, and personal protective equipment (PPE) necessary to successfully complete the required herbicide treatment. Unless otherwise specified, the FFS will not furnish any materials, tools, labor, or equipment.

The Contractor shall supply all herbicides, non-ionic surfactant, as needed, and blue or red marking dye. Water source locations for treatment operations will be determined and approved by the Project Manager based on current water levels. The Contractor is responsible for supplying pumps and any equipment necessary to draw water. Use of large water containers or batch-mix systems is permitted. Water may be obtained at the Myakka State Forest headquarters.

All Contractor personnel must use appropriate safety gear during spraying operations and comply will all herbicide label directions. All equipment used in the project must be approved by the FFS Project Manager or designated representative. All equipment must be decontaminated and free of invasive plant material prior to moving to a new area.

Herbicide may only be applied within the designated treatment area. Applications must be made https://www.floridainvasives.org/plant-list/2023-invasive-plant-species/ in a manner that protects non-target organisms, the environment, and the public. The Contractor is fully responsible for systematically treating all identified plants within the project area. The entire project area must be treated to achieve 100% coverage, and at least 95% of the treated plants must be dead within three (3) months of project completion.

Areas not treated or not responding to treatment may be required to be retreatment at the Contractor’s expense if deficiencies are attributed to the Contractor’s performance, such as absence of dye on target vegetation or gaps in GPS tracking data. A spray indicator dye shall be used to clearly identify treated stems.

2.3. Access to Treatment Sites

The treatment area is open to the public. All work performed shall be conducted in a manner that does not impede or interfere with public use. Access to all sites, types of vehicles used, and work areas must have prior approval by the FFS Project Manager or their designee. Off-road vehicles will have much greater access to locations than street vehicles. Off-road access will be necessary and will be permitted along routes approved by the FFS Project Manager. Those areas and/or routes that are not approved for vehicle use will require access on foot. Proper care will be taken if vehicles will be used to cross a wetland. The gates will be kept closed unless specified by the FFS Project Manager. The Contractor will remove their locks after completion of the treatment services.

2.4. Specifications and Requirements for Herbicide Application

The Contractor is responsible for collecting the following data: treatment date, treatment location (treatment area worked in longitude and latitude); control method; herbicide mix, and volume used; number of applicators; hours worked and weather conditions. The Contractor shall collect GPS data information detailing the area worked each day in the form of GPS tracks. On a weekly basis, the Contractor will provide to the FFS Project Manager all GPS units so that GPS tracks for the previous week can be downloaded and archived.

Mixing and storage areas will be established by the FFS Project Manager. The Contractor will dispose of all Contractor-generated trash, debris, and herbicide containers off-site. Herbicide rinsing shall be managed per label instructions.

The Contractor shall strictly adhere to all herbicide label application directions, precautionary and safety statements, and shall be familiar with and adhere to the Department’s safety requirements.

The Contractor shall also adhere to all federal, state, and local regulations governing the application, transportation, storage, use, and disposal of products utilized in the performance of this agreement.

Due to the presence of many natural community types that are hydric in nature, the Contractor must utilize aquatic/wetland labeled products, as needed, where standing water exists. If there is no standing water in the treatment area at the time of treatment, upland-labeled herbicides can be used, or surfactant can be added to the aquatic-labeled herbicide mix to increase the effectiveness of the herbicide.

The recommended treatment methods are outlined below.

2.4.1. Large wood plants and vines

Treatment of large woody plants and vines shall be conducted using either cut-stump methods or frill/girdle/hack-and-squirt applications with a 50% Triclopyr 3A and water mixture. For cut-stump treatments, all cuts must be made above the anticipated high-water level. In areas with melaleuca infestation, a mixture consisting of 25% glyphosate and 10% imazapyr shall be used in place of Triclopyr. Surfactants shall be added to herbicides labeled for aquatic use, or herbicides labeled for upland use may be applied when no standing water is present at the time of treatment.

A spray indicator dye shall be used to improve visibility and identification of treated stems.

The Contractor shall take all reasonable measures to avoid damage to native vegetation and wildlife. To reduce labor costs, treated vegetation shall be left standing to decompose naturally on site, except in instances where cut-stump treatment requires felling.

2.4.2. Herbaceous plants and vines, small woody plants and vines

A solution of 2-4% glyphosate must be used to treat herbaceous plants and vines, as well as small woody plants and vines, with foliage sprayed thoroughly while avoiding runoff. To enhance control of cogon grass, up to 0.5% imazapyr may be added. If using imazapyr, extra caution must be taken to prevent damage to non-target vegetation. Surfactants shall be added to herbicides labeled for aquatic use, or herbicides labeled for upland use may be applied when no standing water is present at the time of treatment.

Brazilian pepper may be treated using a basal bark application consisting of up to 15% Triclopyr ester mixed with penetrating oil. This treatment method shall not be used in areas where standing water is present.

2.4.3. Seedlings and saplings

Seedlings and saplings shall be hand pulled and left hanging on other vegetation or placed in a pile and sprayed with the glyphosate herbicide mix to reduce the possibility of re-sprouting within the pile. When conditions dictate, seedlings and saplings shall be treated with herbicide, as approved by the Project Manager.

2.5. Equipment and Personnel Requirements

The Contractor shall permit FFS personnel to verify chemical concentrations and application rates per acre. Upon request, the Contractor must provide the Project Manager with copies of their daily herbicide application records.

All equipment shall be operated in a manner that minimizes disturbance to the soil. Prior to treatment, all equipment must be properly cleaned and free of dirt and vegetation to avoid introducing invasive plant species into Myakka State Forest. The FFS Project Manager reserves the right to inspect equipment before work begins.

The Contractor shall maintain an on-site crew supervisor at all times while work is being performed. The supervisor must hold a valid Florida Department of Agriculture and Consumer Services pesticide applicator license in the Natural Areas Weed Management category. The supervisor is responsible for crew safety and all on-site activities. Before work begins, the Contractor shall provide the name of the on-site supervisor, their phone number, and a copy of their FDACS pesticide applicator license.

The Contractor shall furnish sufficient personnel and equipment to complete the project within the allotted timeframe. If adverse weather causes delays, the Contractor must provide additional personnel and equipment as needed to maintain timely progress. A competent foreman, designated in writing, shall remain on the work site at all times. Operations may not cease for more than 48 consecutive hours without approval from the Project Manager. Personnel issues must be resolved promptly to minimize delays. If the Contractor employes laborers who do not speak English, a crew supervisor fluent in both English and the crew’s primary language must be provided.

FFS will not be responsible for freeing any stuck machinery. The Contractor must have the capability and resources to remove equipment that becomes stuck without causing excessive damage to soil, vegetation, trees, or forest infrastructure.

If the Contractor’s equipment breaks down, it must be repaired, replaced, or removed from the site at the Contractor’s expense within three (3) working days. Operations may not remain idle for more than 48 consecutive hours without approval from the Project Manager. The Contractor must maintain adequate personnel and equipment to complete the project on schedule, and personnel issues must be resolved immediately to prevent delays.

2.6. Weather Conditions

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

Rain: Herbicide application will not be allowed during rainy conditions. Areas receiving rainfall within three (3) hours following treatment may require retreatment at the discretion of the FFS Project Manager.

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

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

Temperature: Garlon XRT is susceptible to vaporizing at a temperature of 90 degrees

Fahrenheit. Application will not be allowed when the air temperature reaches or exceeds 90 degrees Fahrenheit. In the event that drift, or vaporization becomes a concern, the Forester-in Charge reserves the right to cease operations, regardless of air temperature.

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

2.7. Resource Protection

The Contractor shall perform all work safely and carefully, providing and using all necessary safety equipment, procedures, and measures to protect its employees, FFS personnel and the general public from injury or property damage.

Protection of native communities: Due to the highly aggressive nature of invasive exotics, the Contractor must take care not to further spread any invasive exotic plant onto any state forest. No soil disturbing activity may take place in areas infested by invasive exotics. The Project Manager will identify all infested areas that must be avoided during the Mandatory Pre-Bid Site Visit. All soil-disturbing equipment must be cleaned of soil and plant material prior to entry onto, and removal from the site.

Protection of archaeological / historical resources: The Contractor, upon the discovery of suspected archaeological or historical material, shall cease work in the vicinity of such material and immediately notify the Project Manager.

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

Protection of streams, lakes, reservoirs, and wetlands: The Contractor shall use every precaution necessary to prevent pollution of streams, lakes, reservoirs, and wetlands by fuels, oils, other chemicals, silt or other harmful materials. All streams, lakes, reservoirs, and wetlands shall be kept free of Contractor-generated debris.

Best Management Practices: The Contractor shall adhere to an implement all applicable best management practice for silvicultural operations as outlined in the current Silviculture Best Management Practices Manual.

2.8. Site Clean Up

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

The Department's trash facilities shall not be used for the disposal of any products used in the completion of these services. All herbicide containers, rinse water and related Contractor-generated debris shall be removed from the State Forest and properly disposed of by the Contractor. The Department will not pay for hauling, dumping, tipping, trash, hazardous waste fees or other related waste fees.

2.9. 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 the number of treatment acres; therefore, the Department assigned purchase order shall be the official determination for final quantities. Any additional acreage will be calculated at the rate provided in the bid and clarified with the winning vendor. Site acreage may be adjusted (increased or decreased) if additional allotted funds exist after the bidding process or the vendor’s price per acre exceeds the available allotted funds.

2.10. Initial Term and Renewal Term

The Department anticipates issuing a purchase order as a result of this ITB for an initial one (1) year term. Upon mutual agreement of both Parties, the purchase order may be renewed in one-year increments, at the same terms and conditions, not to exceed three (3) renewal years in addition to the initial one-year term.

2.11. Licensing

The Contractor must possess and provide proof of a certified commercial applicators license in either the natural areas weed management or the aquatic category. Ground crew supervisors that are assigned to this project shall possess and provide proof of a certified commercial applicators license in either the natural areas weed management or the aquatic category and included with bid submission. Failure to provide proof of license may result in the rejection of your bid.

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

2.12. Past Performance / References

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

(3) of the Respondent’s most recently completed projects from the last five (5) years similar in project size and scope as the work outlined in Section 2.1, Scope of Work, (See Attachment B - Past References / References). References must be current or former clients of the responding vendor. Confidential clients shall not be included. The Department will not accept subcontractor / proposed personnel or personal references of a member of the responding vendor as a substitute for respondent references.

The Department reserves the right to contact each customer reference to verify the information provided and validate the performance/ workmanship of the vendor. If determined by the Department, references must be verifiable within three (3) business days of initial verification attempt by the Department, exclusive of weekends, state holidays or other closures.

It is the responsibility of the Contractor to ensure that all submitted references are verified. The Department will attempt to verify references once via telephone or email. Bids with one or more unverified references may be disqualified. References that indicate any unsatisfactory Contractor work performance or workmanship may result in disqualification of the bid. Past performance with the Department will constitute a reference, whether listed or not, and will be used by the Department to determine the respondent's ability to perform services similar to those described in this bid in a satisfactory manner. Unsatisfactory past performance with the Department may result in rejection of bid as provided in Section 3.16, Bid Evaluation.

2.13. Sub-Contractors

The vendor shall submit to the Department a list of subcontractors who will perform work.

Subcontractors listed shall include facilities used for final disposal of collected pesticides and other materials. The vendor 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 C - 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.

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.

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

3.6. MyFloridaMarketPlace (MFMP) Registration

Each vendor desiring to sell commodities or contractual services as defined in Section 287.012, F.S., to the State is prequalified to do so and shall register in the MFMP system. Information about the registration process is available, and registration may be completed, at the MFMP VIP website at https://vendor.myfloridamarketplace.com/. Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

Vendors should register for the following United Nations Standard Products and Services (UNSPSC) Class/Group Commodity Code(s) pertaining to this ITB:

• 70141604 – Herbicide Services

• 76121702 – Chemical Treatment Services

3.7. Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all vendors that conduct business with the State of Florida to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on the website once a registration has been completed. DFS may assist vendors with questions and can be reached at (850) 413-5519 or FLW9@myfloridacfo.com.

The awarded vendor must have a valid W-9 on file with the DFS prior to issuance of a purchase order or contract. This may be completed by the vendor post-award and is not something which the Department will consider in determining the responsiveness of a bid.

3.8. Cost of Bid Preparation

Neither the Department nor the State of Florida is liable for any costs incurred by a vendor in response to this ITB.

3.9. Instructions for Bid Submittal

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. To expedite the review of bids, it is essential that vendors follow the format and instructions provided below.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to:

Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800

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.

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

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 D – FDACS Acknowledgement Form, with their bid submission.

3.11. Price Sheet

Vendor shall, sign, date, and return Attachment E - 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. Respondents must provide an Initial Term Firm Fixed Unit Price Per Acre on the signed form to be considered responsive. The awarded Contractor will only be considered for renewal if an Optional Renewal Term Firm Fixed Unit Price Per Acre is provided by that Respondent.

No remuneration is available to the vendor beyond the bid price. 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 or contract.

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

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

3.12. Vendor Generated Terms and Conditions

The Department objects to and shall not consider nor accept any different or additional terms or conditions submitted by a vendor, including any appearing in documents attached as part of a vendor’s bid. In submitting a bid, the vendor expressly agrees that any additional or different terms or conditions, whether submitted by the vendor intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a bid. Vendor’s failure to agree to or comply with the Department’s terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The purchase order or contract issued by the Department as a result of this ITB shall incorporate all terms and conditions identified herein. No oral agreements or representations shall be valid or binding upon the Department or the vendor unless expressly contained herein or by a written addendum published on VIP by the Department to this ITB.

3.13. Public Records

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

3.14. Disclosure of Bid Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the vendor or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any bid. Selection or rejection of a bid shall not affect this right.

3.15. Bid Opening

Bids are due, and will be publicly opened, at the time, date, and location specified in Section 1.2, Timeline. Bid responses received late (after bids are due) will not be accepted, nor considered, and modification by the Bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed, or identified.

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

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

3.16. Bid Evaluation

Bids that do not meet all requirements, specifications, terms, and conditions of this ITB or fail to provide all required information, documents, or materials may be rejected and deemed non-responsive.

The Department may request, and the vendor shall provide, clarifying information or documentation. Failure to timely supply the information or documentation as requested may result in the bid being deemed non-responsive.

IF THE DEPARTMENT DETERMINES, IN ITS SOLE DISCRETION, THAT THE CONDITIONS

OF THE BID DOCUMENTS ARE NOT COMPLIED WITH, OR THAT THE PRODUCT

PROPOSED TO BE FURNISHED DOES NOT MEET THE SPECIFIED REQUIREMENTS,

THE BID MAY BE REJECTED AND DEEMED NON-RESPONSIVE.

3.17. Viewpoint Consideration Prohibited

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

3.18. Basis of Award

An award shall be made to the responsive and responsible vendor with the lowest Initial Term Grand Total Price, as specified in Attachment E - Price Sheet. 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 Initial Term Grand Total Price is found non-responsive, the Department may proceed to the next responsive vendor with the lowest Initial Term 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 F - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.24. 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 Manufacturer, 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 G - 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 Florida Department of Agriculture and Consumer Services 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.

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

4.2. Required Vendor Certification

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

Certification and attestation forms marked as required in Attachment H – 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…