ITB FFS 26 27 51_Final.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 26 27 51

Solicitation Title: 2026-2027 V-Blade Planting –

Blackwater River 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 51

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 the V-Blade planting of containerized longleaf pines on four (4) separate areas of forest, totaling approximately 529 acres within Blackwater River State Forest in both Santa Rosa County, and Okaloosa 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 12, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Recommended Site Visit October 19-23, 2026

7:00AM – 1:00 PM

Blackwater Forestry Center 11650 Munson Hwy

Milton FL 32570

Last day for Vendors to Submit Questions

October 27, 2026, 5:00 PM

Florida Department of Agriculture and Consumer Services

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

October 30, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due November 4, 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 5, 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 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. Recommended Pre-Bid Site Visitation

Vendors 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:

Eric Howell, Forester

(850) 957-5725 (Office) / (850) 686-6797 (Cell) Eric.howell@fdacs.gov (email)

Site visit may be scheduled Monday through Friday between 7AM and 1PM 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:Eric.howell@fdacs.gov

A site visit is strongly recommended; however, it is not a mandatory requirement for submitting a bid. Vendors who choose not to visit the site remain fully responsible for understanding all project conditions and requirements.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work

The Contractor shall provide all labor, equipment, materials, tools, transportation, supplies, and supervision required to complete seedling planting. 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.

All planting must be completed by January 30, 2027.

The Blackwater River State Forest is certified under the Sustainable Forestry Initiative’s 2022 Forest Management Standard (Certification #BVC-SFIFM-700005).

2.2. General Instructions

All containerized longleaf pine seedlings shall be planted using the required spacing of approximately five (5) feet by twelve (12) feet, to achieve stocking density of seven hundred twenty-six (726) trees per acre. The Contractor shall ensure that all acreage designated for planting is fully stocked to the required density.

All seedlings shall be planted so that the top of the plug is level with, or slightly above, the soil surface. The following conditions will be considered improper planting:

• Plug top positioned more than one-half (1/2) inch above the soil surface.

• Seedling bud positioned below the soil surface.

• Plugs inserted at an angle greater than ten (10) degrees from vertical.

The Contractor shall maintain sufficient personnel and equipment on-site at all times to monitor seedling placement and immediately correct any improperly planted seedlings. The Contractor shall protect all planted seedlings from damage, and follow all directives issued by the Department during the project.

2.3. Project Sites

The project consists of four (4) distinct sites in Okaloosa and Santa Rosa Counties, consisting of former loblolly and sand pine plantations that were clearcut between 2023 and 2025. Please refer to Appendix I – Okaloosa Area Maps and Appendix II – Santa Rosa Area Maps for project sites.

Terrain across all sites is flat to gently sloping, with well-drained soils ranging from sand to sandy loam. Current vegetation includes grasses, sedges, yaupon holly, gall berry, and naturally regenerated species such as water oak, loblolly pine, and sand pine.

Sites received herbicide treatment in July 2026 and are scheduled for prescribed burning prior to planting, weather permitting. Additionally, approximately 215 acres located in Santa Rosa County are specifically designated for roller chopping. Planting areas will be finalized on-site by the FFS with the Contractor prior to project initiation. Boundaries will be marked using roads, fire lines, stand edges, tree lines, flagging, and other agreed-upon methods.

2.4. Estimated Quantities

The quantities provided in this ITB are estimates only and are to be used as a guideline for preparing the bid and should not be construed as representing the actual acreage for v-blade planting services. The FFS reserves the right to add or reduce any item.

If additional acreage is added to the project, it shall be planted in the same manner as described herein. All seedlings provided by the FFS must be planted, and ninety percent (90%) of the prescribed number of seedlings must be planted to the satisfaction of the FFS. The Department assigned purchase order shall be the official determination for the final quantities.

2.5. Weather Conditions

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 FFS.

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

Wind: Planting 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.

The Forester-in-Charge may prohibit planting during extreme hot, cold, or dry weather conditions.

This contract may be terminated early if unfavorable weather conditions persist through the specified contract period causing extended delays.

2.6. Care, Handling, and Storage of Seedlings

The Contractor must protect the seedlings and take precautions to prevent damage to them from the time received until they are planted. This shall include, but is not limited to:

• Protection from Sun, Wind, and Adverse Temperatures: Pine seedlings must be handled, stored, and transported in a manner to best protect them from sun and wind damage at all times. Protection from freezing temperatures and excessive heat must also be maintained. Seedlings must be kept in a seedling cooler or covered with a seedling tarp at all times. If shade is available at the planting site, trees must be kept in the shade and covered with the seedling tarp. Damaged boxes of seedlings must be repaired or patched immediately to prevent exposure.

• Protection from Contamination: Pine seedlings shall be protected from contamination by materials such as gasoline, diesel fuel, oils, or other chemicals that may damage the seedlings. The Forester-in-Charge will inspect the seedlings prior to planting and if found to be contaminated, the seedlings will be destroyed.

• Storage of Seedlings: The FFS personnel shall be responsible for delivering the seedlings from the nursery to a centralized location near the planting sites. Seedlings will be stored in a refrigerated trailer at or near the planting sites, if available. Seedlings will be considered delivered to the Contractor upon delivery to the planting area. Unloading seedlings from the trailer and delivering the seedlings to each individual planting site will be the responsibility of the Contractor. Unplanted seedlings must be re-boxed and returned to the refrigerated trailer at the end of each day.

• Availability of Seedlings: The FFS will make every reasonable effort to make the seedlings available when needed by the Contractor. However, availability at all times cannot be guaranteed.

• Pruning and Culling of Seedlings: Tree seedling roots shall not be pruned or cut by the

Contractor. If, in the Contractor’s judgement, any seedlings cannot be planted due to long roots or damage, they must be returned to the Forester-in-Charge for inspection. Seedlings to be returned to the Forester-in-Charge will be kept moist and in good condition. No seedlings shall be left on the ground unplanted.

2.7. Equipment and Personnel Requirements

The Contractor must furnish sufficient personnel and equipment to plant an average of at least forty

(40) acres per day and complete the project in the time allowed. A competent foreman must be designated in writing by the Contractor and must be present at the work site during planting operations. Failure to meet the requirements of the contract may prevent the Contractor from bidding on future contracts for a period of up to three (3) years. The Forester-in-Charge may stop work at any point if the work is not being completed correctly. Work shall not resume until approved by the FFS.

If the Contractor is using laborers which do not speak English, the Contractor shall provide a crew foreman that is fluent in both English and the language of the crew.

If adverse weather causes delays, the Contractor must provide extra personnel and equipment to stay on schedule. Operations may not remain idle for more than forty-eight (48) consecutive hours without approval from the FFS. Any personnel issues must be resolved immediately.

Equipment must be the correct type, safe, and in good operating condition. Unsatisfactory equipment must be replaced. Should the Contractor’s equipment break down, it must be repaired or removed from the site within three (3) working days.

A v-blade must be used to clear residual logging debris and dead stems from the intended planting strip to the center. The V-blade must provide one to three inches of soil scalping with a scalping width of one to four feet. Trees must be planted in the center of the cleared strip across all 529 acres. Row orientation must follow contours and be approved by the Forester-in-Charge. Planting must be done with a tree planter and pulled by a crawler tractor. There must be at least two (2) planting machines operating at all times. The planting machine must have a coulter at least 28-inches in diameter. The coulter and planting shoe must penetrate the soil at least 10-inches.

2.8. Resource Protection

The Contractor shall perform the work in a safe and careful manner and must furnish and use such safety devices, methods, and measures required to protect the Contractor and its employees, all FFS personnel, and the general public against bodily injury and/or damage to property.

2.8.1. 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 on any State Forest. No soil disturbing activity may take place in areas infested by invasive exotics.

The Forester-in-Charge will identify infested areas that must be avoided in the project pre-work meeting. All soil-disturbing equipment must be cleaned prior to removal from the site.

2.8.2. Protection of Streams, Lakes, and Reservoirs: The Contractor shall use every precaution necessary to prevent pollution of streams by fuel, oils and other chemicals, silt, or other harmful materials. All streams will be kept free of Contractor-generated debris.

2.8.3. Protection of Archaeological/Historical Resources: The Contractor, upon the discovery of suspected archaeological or historical materials, shall cease all work in the vicinity and immediately notify the Forester-in-Charge.

2.8.4. 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.

2.8.5. Erosion Control: All equipment shall be operated in a manner that will cause the least amount of disturbance to any soil and groundcover vegetation.

2.9. Best Management Practices

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

2.10. Delivery

The contract period is to be effective upon execution of the purchase order through February 15, 2027. No planting shall begin before November 30, 2026, and must be completed no later than January 30, 2027. The FFS will make every reasonable effort to make the seedlings available when needed by the Contractor, but availability at all times cannot be guaranteed.

2.11. Licensing

Contractor shall possess and 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 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.

2.13. Sub-Contractors

The vendor shall submit to the Department a list of subcontractors who will perform work. 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 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 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 of the release of the solicitation until the Department’s Notice of Agency Decision is posted on the

VIP.

Questions related to this ITB, or requests for approved equivalents (if applicable), must be received in writing, via email, by the Procurement Officer listed in Section 1.3, Procurement Officer, within the time indicated in Section 1.2, Timeline. Verbal Questions, or those submitted after the period specified in the Timeline, will not be acknowledged.

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

3.5. Addenda

If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation documents or exhibits, addenda, and materials relative to this ITB the information will be published on the VIP as a written addendum. Any addenda issued in relation to this ITB shall thereby become part of the final bid specifications and requirements.

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

3.6. MyFloridaMarketPlace (MFMP) Registration

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

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

• 70111501 – Planting services or ornamental plant or bush or tree

• 70151904 - Silviculture

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.

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

3.9. Instructions for Bid Submittal

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

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

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

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

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

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

5) Late bids will not be accepted.

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

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

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

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

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 must 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 and fuel service fees, and any other relevant and related charges.

No remuneration is available to the vendor beyond the bid price for all specifications and considerations in response to this ITB. Vendors will be strictly held to the prices of their bid. The contents of this ITB and vendor bid submission will become a contractual obligation upon execution of the purchase order.

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

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

3.12. Vendor Generated Terms and Conditions

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

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

3.13. Public Records

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

3.14. Disclosure of Bid Submittal Contents

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

Selection or rejection of a bid shall not affect this right.

3.15. Bid Opening

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

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

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

3.16. Bid Evaluation

Bids that do not meet all requirements, specifications, terms, and conditions of this ITB or fail to provide all required information, documents, or materials may be rejected and deemed non-responsive. The Department may request, and the vendor shall provide, clarifying information or documentation. Failure to timely supply the information or documentation as requested may result in the bid being deemed non-responsive. If the Department determines, in its sole discretion, that the conditions of the bid documents are not compiled with, or that the product proposed to be furnished does not meet the specified requirements, the bid may be rejected and deemed non-responsive.

3.17. Viewpoint Consideration Prohibited

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

3.18. Basis of Award

An award shall be made to the responsive and responsible vendor with the lowest Grand Total Price, as specified in Attachment D - Price Sheet for all specifications and considerations, 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 the 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 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.

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.

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

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.

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 11650 Munson Hwy Milton, Florida 32570

Certificate(s) shall be dated and show:

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

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

4.14. General Liability Insurance

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

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

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

General Liability $500,000…