FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No. ITB FFS 26 27 58

Florida Forest Service Statewide Wildfire Mitigation Services (Re-Bid)

Stephanie Bergozza, Procurement Officer

407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800

Bids@FDACS.gov

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

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

mailto:Bids@FDACS.gov

BID NUMBER: ITB FFS 26 27 58

SECTION 1.0 INTRODUCTORY SECTION

1.1. Statement of Purpose

The Florida Department of Agriculture and Consumer Services (FDACS or Department), Florida Forest Service (FFS) seeks to obtain competitive bids to establish fixed rate Term Agreements for wildfire mitigation services for projects across the State. Services may include, but are not limited to, forestry mowing, mulching, chopping, vegetation grinding, tree removal services, land preparation services, fireline establishment, and other related activities.

This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of the Term Agreement(s) and Purchase Order(s) discussed herein are conducted pursuant and subject to Chapters 287 and 590, 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 award up to ten (10) Term Agreements per Service Level in each FFS Region (please refer to Appendix I – FFS Map). The Department intends to issue project-specific Request for Quotes (RFQ) and purchase orders for the services described in this ITB.

The Department reserves the right to award to one or more Vendors, in whole or in part, within any Service Level and Region, or to make no award, as determined to be in the best interest of the State. For purposes of this ITB, “award” or “awarded” refers to the issuance of Term Agreement(s) as described in Section 4.1.

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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

1.2. Timeline

The table below contains the timeline of events for this solicitation. The dates and times within the Timeline are subject to change. Modifications by the Department will be issued by written addenda.

It is the responsibility of the Vendor to check for any changes on the VIP. All required actions must be completed by the date and time indicated on the Timeline. All times listed are Eastern Time

(ET).

EVENT DATE/TIME LOCATION

Release of ITB September 30, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Last day for Vendors to Submit Questions

October 7, 2026

5:00PM

Florida Department of Agriculture and Consumer Services

Email: Bids@FDACS.gov

Anticipated Posting of Written Responses to Vendors Questions

October 13, 2026 Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

Sealed Bids Due October 20, 2026

5:00PM

Florida Department of Agriculture and Consumer Services – Mayo Building

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

Public Bid Opening October 21, 2026

9:30AM

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

OR

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

Anticipated Posting of Recommended Award

TBD Vendor Information Portal https://vendor.myfloridamarketplace.com/search/bids

1.3. Procurement Officer

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact for official meetings, questions, and all procurement related matters relating to this solicitation.

The Procurement Officer for this ITB is:

Stephanie Bergozza 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

https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/search/bids https://vendor.myfloridamarketplace.com/search/bids mailto:Bids@FDACS.gov

The Department has established certain requirements with respect to bids to be submitted by respondents. The use of “shall”, “must” or “will” (except to indicate simple futurity) in this ITB indicates a requirement or conditions from which a material deviation may not be waived by the Department. A deviation is material if, in the Department’s sole discretion, the deficient response does not substantially comply with the ITB requirements, provides an advantage to one Vendor over other Vendors, has potentially significant effect on the quantity or quality of items bid, or on the cost of the Department. Material deviations cannot be waived. The words “should” or “may” in this ITB indicate desirable attributes or conditions but are permissive in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of a bid.

1.5. Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following provisions of this ITB, which are hereby incorporated by reference, and in case of conflict shall have the following order of precedence:

1) Addenda, in reverse order of issuance,

2) ITB, including attachments and appendices,

3) PUR 1001, General Instructions to Respondents, and

4) PUR 1000, General Contract Conditions.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1. Scope of Work – Site Prep Conditions and Specifications

The Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required for mitigation projects outlined in Section 2.0, Technical Specifications. No materials, labor, or equipment will be provided by the FFS or participating landowners unless specifically identified. The Department will coordinate with participating landowners and obtain the landowner’s consent for any mitigation work to proceed.

The FFS Representative will make the determination as to when the soil and weather conditions are sufficient for clearing to begin and when to halt clearing due to weather conditions.

2.2. Definitions

1) Burn Authorizations: The official approval issued by the FFS permitting certain types of open burning, such as pile burning or land-clearing burns. Burn Authorizations may be halted due to fire weather, safety concerns, or other restrictions, and issuance of a Burn Authorization is not guaranteed on any given day.

2) DBH: Diameter at Breast Height.

3) Mastication: A type of mulching that shreds, grinds, or chops woody material in place and deposits mulch onto the soil surface. Mastication produces variable sized materials, from small shreds to sections of whole tree trunks, and distribution is generally less controlled than chipping. Various types of masticating equipment may be used, including horizontal and vertical rotating shafts, rotary blades, drums, chain flails, articulating arms, and similar machinery. Each of these masticate or grind woody vegetation somewhat differently, but they all have similar advantages, limitations, and ecological impacts compared to chipping.

https://www.dms.myflorida.com/content/download/2934/file/PUR%201001%20General%20Instructions%20to%20Respondents.pdf https://www.dms.myflorida.com/content/download/2933/file/PUR%201000%20%28General%20Contract%20Conditions%29.pdf

2.3. Mitigation Service Levels

Service Level 1 – Forestry Mowing, Mulching, and Mastication Only

• Mulch all vegetative material and stumps less than six inches (6”) DBH down to two to three inches (2” – 3”) above ground level for the specified width and length along public and private property boundary.

• Any mulching residue should be evenly distributed (no mulch piles) across designated area and no larger than three feet (3’).

Service Level 2 – Mulching, Mastication, and Land Clearing

• Mulch all vegetative material down to two to three inches (2” – 3”) above ground level for the specified width and length along public and private property boundary. Any mulching residue should be evenly distributed (no mulch piles) across designated area.

• Remove all vegetation less than six inches (6”) in DBH. Remove all dead standing trees regardless of DBH, all trees leaning 30 degrees or more, trees with broken tops, and all downed trees and vegetative material that cannot be mulched in the boundaries identified by the FFS Representative in accordance with the following:

(i) hauling away at the Contractor’s expense, or

(ii) by burning on site with an Air Curtain Incinerator (ACI) by a Certified Pile Burner who has obtained prior approval from the FFS Representative.

• Live trees shall be removed unless directed by the FFS Representative. The FFS Representative may designate the removal of specific live trees as needed outside of dead or leaning trees to facilitate project completion.

Service Level 3 – Mulching, Mastication, and Land Clearing (No DBH Restrictions)

• Remove and/or Mulch all vegetation regardless of DBH down to two to three inches (2” – 3”) above ground level.

• Remove all dead standing trees, all trees leaning 30 degrees or more, trees with broken tops, and all downed trees within the boundaries identified by the FFS Representative.

• Live trees shall be removed unless directed by the FFS Representative. Stumps must be cut two to three inches (2” – 3”) above ground level and left in place.

• Removal of vegetative debris shall be in accordance with the following:

(i) hauling away at contractors’ expense, or

(ii) by burning on site with an Air Curtain Incinerator (ACI) by a Certified Pile Burner who has obtained prior authorization from the FFS Representative, or

(iii) by onsite mulching, where residue should be evenly distributed (no mulch piles) across designated area and no larger than three feet (3’).

Service Level 4 – Roller (Drum) Chopping

• Roller chop all underbrush vegetation (grass, shrubs, palmetto, and small trees up to four inches (4”) DBH) within the boundaries identified by the FFS Representative.

• Live trees that are not included in the project shall not be damaged.

• Roller drums (single or double drum) shall be no less than eight feet (8’) wide and no less than forty-two inches (42”) in diameter. Roller drums shall have blades no less than eight inches (8”) long.

• Roller drums shall be capable of being filled with water or shall be heavy enough to drive the cutting blades completely into the ground.

Service Level 5 – Fireline Establishment

• Clear a ten to fifteen foot (10’ – 15’) wide buffer of all vegetation, stumps, and debris down to mineral soil for the full project width and length within the boundaries identified by the FFS Representative.

• Harrow or disk the cleared buffer to break up the soil and establish a defensible fireline.

• All trees, regardless of DBH, shall be removed.

• No berms, soil mounds, or piles of vegetative debris shall remain along the buffer.

• Removal of larger vegetative debris, including stumps, shall be in accordance with the following:

(i) hauling away at the contractors’ expense, or

(ii) onsite mulching, with residue evenly distributed (no mulch piles) outside the newly established fireline, or

(iii) onsite burning with an Air Curtain Incinerator (ACI) operated by a Certified Pile Burner who has obtained prior approval from the FFS Representative.

• Live trees that are not included in the project shall not be damaged.

2.4. Site Clean Up

During performance of the work and upon completion, the Contractor shall remove all Contractor-generated trash and debris from the project site and leave the area in the same condition as provided by the Department. The Department’s trash facilities and participating landowners’ solid waste disposal programs shall not be used for disposing any materials associated with the performance of these services.

All Contractor-generated trash and debris shall be hauled away and disposed of appropriately by the Contractor. The Department does not have a designated disposal area / site; the Contractor is responsible for securing a suitable location for disposal. Neither the Department nor participating landowners will pay for hauling, dumping, tipping, hazardous waste, and any other related disposal fees.

2.5. Equipment and Personnel Requirements

The Contractor shall provide all labor, equipment, and support items for the mitigation project(s).

All equipment must be capable of operating under natural ground conditions and removing and hauling all vegetative debris of all sizes.

For each Service Level, ground conditions, rather than vegetation amount or size, may be the costliest factor in completing the work. It is important that the Contractor completes work when ground conditions are suitable for equipment. However, specialized equipment such as low-ground-pressure or amphibious track machinery may be required when ground conditions become wet. The Contractor is responsible for bearing all cost associated with the acquisition and/or utilization of specialized equipment when required to complete the project on time, and such considerations shall be included in the Contractor’s bid price.

The Contractor shall provide sufficient equipment, additional equipment, or specialized equipment as determined by the FFS Representative to complete the project within the specified project deadlines. All equipment used in the performance of the work shall be of the proper type, size, and in working mechanical condition to timely complete each project.

The Contractor shall have sufficient personnel to complete the project within the required timeframe. The Contractor shall designate in writing a competent foreman who shall remain onsite at all times when work is being performed. The Contractor is responsible for delays resulting from the acts or omissions of Contractor or its agents, subcontractors, or suppliers of any tier. If adverse weather causes delays in work, the Contractor must furnish additional personnel and equipment to ensure timely completion of the project.

2.6. Performance Measures and Financial Consequences

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

Deliverable Performance Measure Financial Consequence

1.

Wildfire Mitigation Project service delivery

The Contractor shall timely complete services in accordance with the Service Level per Wildfire Mitigation Project and as directed by the FFS Representative.

5% deduction from project invoice for each verified instance of non-compliance (e.g., incorrect DBH removal, improper stump height, unapproved retention, or removal of live trees).

Work performance deficiencies shall be timely corrected at Contractor’s expense.

Repeated occurrences may result in contract termination.

Deliverable Performance Measure Financial Consequence

2.

Proper Mulch Distribution

The Contractor shall evenly distributed mulch across the designated area per Wildfire Mitigation Project with no mulch piles and no residue exceeding three feet (3’) in height, in accordance with the Service Level of the project.

2% deduction from project invoice per occurrence of improper distribution. Contractor must remediate at its own expense.

3. Site Clean Up

The Contractor shall remove all Contractor-generated trash and debris from the project site in accordance with Section 2.4 and as directed by the FFS Representative.

5% deduction from project invoice for unapproved disposal methods, incomplete debris removal, or failure to follow Burn Authorization rules. The Department may also halt work until corrected.

Any offsite disposal costs incurred by landowners or the Department will be back-charged to the Contractor

Repeated occurrences may result in contract termination.

4.

Contractor Personnel

The Contractor shall have the proper personnel as outlined in Section 2.5 to perform work.

If the Contractor Forman is not present on-site during project work without prior approval of the Department:

1st offense $100

2nd offense $500

Three or more violations may result in removal from Department RFQ for cause.

Deliverable Performance Measure Financial Consequence

5.

Timely Project Start and Completion

The Contractor shall begin services within 30 calendar days from delivery of the Department’s executed purchase order and shall complete the project within the specified timeframe.

1% deduction per calendar day for late start or late completion due to Contractor-controlled causes.

The Department may terminate the purchase after 30 days of failure to begin work.

Repeated violations may result in removal from active project rotation / Department RFQ.

2.7. Resource Protection

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

1) Protection of Native Communities: Due to the highly aggressive nature of nonnative invasive plants, the Contractor must take care not to further spread any nonnative invasive plants. No soil disturbing activity may take place in areas containing invasive plants or exotics. The FFS Representative will identify all designated areas that must be avoided in each project pre-work meeting. All equipment must be cleaned prior to removal from the designated sites. The Contractor’s equipment shall be clean and free of all nonnative invasive plant material and/or seed before arrival to the project site.

2) Protection of Faunal Species: The Contractor shall use every precaution necessary to prevent disturbing and harassment of wildlife encountered within work area(s). The willful killing of any animal species (i.e., amphibians, birds, fish, mammals, or reptiles) within work area(s) shall not be tolerated. Violations will result in termination of the purchase order and Term Agreement, and the Contractor may be subject to prosecution under appropriate wildlife laws.

3) Protection of Streams, Lakes, and Reservoirs: The Contractor shall use every precaution necessary to prevent pollution of streams, lakes and reservoirs by fuel, oils, other chemicals, silt, or other harmful materials. All water bodies shall be kept free of Contractor-generated trash and/or debris.

4) Protection of Wetlands: The Contractor shall use every precaution necessary to prevent pollution of wetlands and ditches, by fuel, oils, other chemicals, silt, or other harmful materials.

All wetlands and ditches shall be kept free of Contractor-generated trash and/or debris.

5) Protection of Archaeological and Historical Resources: The Contractor, upon the discovery of suspected archaeological or historical materials, shall cease work in the vicinity of such material and immediately notify the FFS Representative.

6) Erosion Control: All Contractor equipment shall be operated in a manner to cause the least disturbance to the soil and groundcover vegetation.

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

2.8. Licensing

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

2.9. Past Performance / References

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

(3) of the Respondent’s most recently completed projects from the last five (5) years similar in project size and scope as the work outlined in Section 2, Technical Specifications, (See Attachment A - Past References / References). References must be current or former clients of the responding Vendor. Confidential clients shall not be included. The Department will not accept subcontractor / proposed personnel or personal references of a member of the responding Vendor as a substitute for respondent references.

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

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

2.10. Performance Qualifications

The Department reserves the right to investigate or inspect at any time whether the qualifications, equipment or facilities offered by Respondent meet the project requirements. Respondent shall at all times during the term of any awarded contract remain responsive and responsible. In determining Respondent's responsibility as a Vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract.

Respondent must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to machinery and capacity of the respondent for the fulfillment of each service level identified herein. If the Department determines that the conditions of the solicitation documents are not complied with, or that the proposed machinery or capacity of the respondent does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the response or terminate any awarded contracts. Respondent may be disqualified from receiving awards if respondent, or any of respondent's agents, has previously failed to perform satisfactorily in connection with public bidding or contracts. This section shall not mean or imply that it is obligatory upon the Department to make an investigation either before or https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf https://ccmedia.fdacs.gov/content/download/25527/file/silvicultural_bmp_manual.pdf after award of any contracts, but should the Department elect to do so, respondent is not relieved from fulfilling all contract requirements.

2.11. 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 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.

https://www.ftri.org/relay

3.4. Vendor Questions

The Procurement Officer, acting on behalf of the Department, is the sole point of contact for official meetings, questions, and all procurement related matters relating to this solicitation from the date of the release of the solicitation until the Department’s Notice of Agency Decision is posted on the

VIP.

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

3.5. Addenda

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

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

3.6. MyFloridaMarketPlace (MFMP) Registration

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

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

• 70111507 - Removal services or ornamental plant or bush or tree

• 70111708 - Mulching services

• 70111710 - Mowing services

• 72141500 - Land preparation services

• 72141504 - Timber removal 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.

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

3.8. Cost of Bid Preparation

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

3.9. Instructions for Bid Submittal

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

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

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

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

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

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

5) Late bids will not be accepted.

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

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

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

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

RECEIVED IN THE PURCHASING OFFICE.

3.10. Vendor Acknowledgement

By submission of a signature on the Department’s Acknowledgment Form, the Vendor certifies that they comply with all terms and conditions contained herein. The bid must contain the original signature of an authorized representative who can legally bind the Vendor. The services offered by the Vendor will conform to the specifications of this ITB without exception. Vendors must include Attachment C – FDACS Acknowledgement Form, with their bid submission.

3.11. Price Sheet

Vendor shall complete, sign, and return Attachment D - Price Sheet. On Attachment D – Price Sheet, Vendors must provide on the appropriate Price Sheet a fixed Maximum Rate Unit Price Per Acre for Service Levels 1 – 4 and a Maximum Rate Unit Price Per One Tenth (1/10) Mile for Service Level 5 as described in Section 2.3 in each Region that the Vendor seeks to bid.

The fixed Maximum Rate Unit Price Per Acre for Service Levels 1 – 4 and the Maximum Rate Unit Price Per One Tenth (1/10) Mile for Service Level 5 shall include all Vendor costs to perform services including, but no limited to, labor, materials, equipment, tools, transportation, travel, supplies, staffing, insurance, and any other relevant and related expenses.

Vendors may submit a bid price for more than one Service Level in each Region, and more than one Region; however, Vendors are not required to bid on all Service Levels or more than one Region. Vendors shall not submit more than one bid response for each Region. Bids that fail to provide a Unit Price Per Acre for Service Levels 1 – 4 and a Unit Price Per One Tenth Mile for Service Level 5 for each year of the initial three-year term will be deemed non-responsive as outlined in Section 3.16, Bid Evaluation. Vendor bid prices listed on the Price Sheet, including optional renewal terms, shall be firm throughout the duration of any resulting Term Agreement.

No remuneration is available to the Vendor beyond the bid price for all specifications.

The Department reserves the right to increase or decrease the quantities and acreages. No guarantee is made regarding actual purchase orders issued for quantities or acreages.

If a submitted Attachment D - 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 after the Sealed Bids Due date and time will not be accepted, nor considered, and modification 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

The Department intends to make up to 10 awards per Service Level in each Region for wildfire mitigation projects. Vendors may submit a bid on any or all Service Levels; however, Vendors are not required to bid on all Service Levels within a Region to be eligible for award.

For each Service Level within Each Region the Vendor seeks to bid, the Vendor must provide a Maximum Rate Unit Price Per Acre for Service Levels 1 – 4 and a Maximum Rate Unit Price Per One Tenth (1/10) Mile for Service Level 5 as specified in Section 3.11, Price Sheet. An award shall be made to the ten responsive and responsible Vendors with the lowest Initial Term Sub-Total for each Service Level in each Region, as specified in Attachment D - Price Sheet. If fewer than 10 responsive and responsible Vendors submit bids for a Service Level in each Region, awards shall be made to all responsive and responsible Vendors for that Service Level, subject to Section 3.19 of this ITB.

In the event that the Vendor with the lowest Initial Term Sub-Total for each Service Level in a Region is determined to be non-responsive or non-responsible, the Department may proceed to the next responsive and responsible Vendor with the next lowest Initial Term Sub-Total price for that Service Level in that Region and continue the award process.

Only Vendors that receive an award for a Service Level in each Region will be considered for an optional three-year renewal term at the Maximum Rate Unit Price Per Acre for Service Levels 1 – 4 and the Maximum Rate Unit Price Per One Tenth (1/10) Mile for Service Level 5 bid, subject to the discretion of the Department.

3.19. Less Than Two Responsive Bids

In the event the Department receives less than two (2) responsive bids for a Service Level in each Region, the Department reserves the right to negotiate on the best terms and conditions pursuant to section 287.057(6), F.S.

3.20. Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Vendor and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 calendar days from the bid submission date.

3.21. Verbal Instruction Procedure / Discussions

The Vendor shall not initiate or execute any negotiation, decision, or action arising from any verbal discussion with any State of Florida employee. Only written communications from the Department’s Procurement Officer are considered duly authorized expressions on behalf of the State.

Additionally, only written communications from a Vendor are recognized as duly authorized expressions on behalf of the Vendor. Any discussion by a Vendor with any employee, or representative of the Department, involving cost or price information, occurring prior to the Department publishing the Notice of Agency Decision, may result in rejection of said Vendor’s bid.

3.22. No Prior Involvement and Conflict of Interest

Section 287.057(19)(c), F.S., states, “A person who receives a contract that has not been procured in accordance with subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a Vendor who responds to a request for information from being eligible to contract with an agency.”

The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity.

The Vendor shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service, which they may do, or perform, for, or on behalf of, any officer, agent or employee of the Vendor. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department.

The Vendor shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB.

3.23. Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds Tie Bids

Any Vendor submitting a response to this ITB MUST execute the enclosed form FDACS-01522, Attachment E - Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with its bid. The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

3.24. Identical Tie Bids

When evaluating Vendor responses to solicitations where there is identical pricing or scoring from two or more Vendors, the Department shall determine the order of award in accordance with Sections 287.057(12), 287.082, 287.087, 287.092 and 295.187(4), F.S.

1) Certified Business Enterprise: Pursuant to Section 287.057(12), F.S., if two (2) equal bids are received and one (1) bid is from a certified Business Enterprise, the Department must contract with the Certified Business Enterprise. Vendors must provide a copy of this certification pursuant to Section 287.09451, F.S., in their bid response to receive this preference.

2) Commodities Manufactured, Grown or Produced in State of Florida Given Preference:

Pursuant to Section 287.082, F.S., whenever two (2) or more competitive sealed bids are received, one (1) or more of which relates to commodities manufactured, grown or produced within the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within the State of Florida shall be given preference. Vendors must provide proof in their bid response to receive this preference.

3) Certification of Drug-Free Workplace Program: Pursuant to Section 287.087, F.S., whenever two (2) or more bids, proposals or replies that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To be considered for the drug-free workplace program preference, Vendors may complete and submit with its response Attachment F - Certification of Drug- Free Workplace Program that it has implemented a drug-free workplace program.

4) Preference to Certain Foreign Manufacturers: Pursuant to Section 287.092, F.S., any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality and service are the same, regardless of where the product is manufactured. Vendors must provide proof in their bid response to receive this preference.

5) Florida Veteran Business Enterprise Opportunity Act Preference: Pursuant to Section 295.187(4), F.S., a state agency, when considering two (2) or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one (1) of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality and service, shall award such procurement or contract to the certified veteran business enterprise. Proof of certification pursuant to Section 295.187(5), F.S., shall accompany the bid response. Failure to submit proof of certification will result in non-application of the preference.

3.25. Disqualification of Vendors

More than one (1) bid from an individual, firm, partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Vendor is interested in more than one (1) solicitation for the same work will cause the rejection of all bids in which such Vendors are believed to be interested.

If there is reason to believe that collusion exists among the Vendors, any or all bids will be rejected.

No participants in such collusion will be considered in future procurements for the same work.

Falsifications of any entry made on the Vendor's offer will be deemed a material irregularity and will be grounds for rejection.

3.26. Rejection of Bids

The Department reserves the right to reject any and all bids when such rejection is in the best interest of the State of Florida and to reject the bid of a Vendor who the Department determines is not in a position to perform the contract.

3.27. Protest Procedures

Pursuant to Section 120.57(3), F.S., a Notice of Protest or Formal Written Protest must be filed at the following physical address:

Agency Clerk 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. Term Agreement, Purchase Order Issuance, and RFQ Vendor Selection

A. Term Agreement

Each awarded Vendor will be offered a three-year Term Agreement (Appendix II) for the awarded Service Level(s) as applicable. Each three-year Term Agreement will be at the Unit Price Per Acre for each year as bid on the awarded Vendor’s Price Sheet and may be renewed for up to three (3) additional one-year periods, if the awarded Vendor bid on the optional renewal term in its Price Sheet.

Entering into a Term Agreement does not guarantee the awarded Vendor will receive a purchase order. Compensation will only be available to awarded Vendor(s) based on services satisfactorily completed in accordance with an executed Department purchase order.

B. Purchase Order Terms and Conditions

It is the intent of the Department to issue purchase orders for the desired services as specified in this ITB. Such purchase orders will be issued in accordance with and after receipt of a fully executed Term Agreement (Appendix II). The Department purchase order terms and conditions shall be incorporated into all final purchase orders: FDACS-01341 Terms and Conditions.

C. Vendor Selection Order for Issuance of a Purchase Order

The FFS will issue a Request for Quotes (RFQ) to a minimum of (3) awarded Vendors for each FFS project using Appendix III – Wildfire Mitigation Work Order. This RFQ allows awarded Vendors to submit competitive price quotes. The Department will select the quote that offers the best value, which is determined by the value to the State based on factors that include, but are not limited to, total quote price and the Vendor’s ability to meet the FFS-requested deadline(s).

Vendors may offer reduced pricing in response to each RFQ; however, RFQ prices shall not exceed the fixed Maximum Rate Unit Price Per Acre for Service Levels 1 – 4 and the Maximum Rate Unit Price Per One Tenth (1/10) Mile for Service Level 5 listed in the Term Agreement.

Upon receipt of written notice from the Department of a Wildfire Mitigation Work Order (Appendix III), the Vendor must accept or refuse the project within five (5) business days by providing written notice to Department. After five (5) business days, or upon receipt of the Vendor’s refusal, the Department may proceed to the next-ranked Vendor.