ITB Final Bid .pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Invitation to Bid (ITB) No: ITB FFS 22 23 21

Title: JOHN DEERE 850L LGP, CATERPILLAR D6T LGP OR

APPROVED EQUIVALENT

Brittany Harvey, 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 22 23 21

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 outright purchase and delivery of one (1) John Deere 850L LGP, Caterpillar D6T LGP or approved equivalent low ground pressure (LGP) crawler dozer for use in forestry operations, with the primary use for wildland fire suppression (i.e., firefighting) and emergency response to protect life and property/structures. This Invitation to Bid (ITB) and all activities leading toward the anticipated issuance of a Purchase Order are conducted pursuant to 287 Florida Statutes (F.S.) and Rule 60A-1 Florida Administrative Code (F.A.C.).

This solicitation will be administered through the Vendor Information Portal (VIP). Vendors interested in submitting a bid must comply with all terms and conditions described in this solicitation.

It is the intent of the Department to make a single award or to make no award, as determined to be in the best interest of the state.

1.2 Timeline of Events

The table below contains the Time of Events for this solicitation. The dates and times within the Timeline of Events are subject to change. It is the responsibility of the Bidder to check for any changes on the Vendor Information Portal (VIP).

EVENT DATE/TIME (ET) LOCATION

Release of ITB 08/19/2022 Vendor Information Portal

Last day for written Inquiries to be received by the Department

08/31/2022 Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS SHOULD CONTAIN THE

SOLICITATION NUMBER IN THE SUBJECT

LINE OF THE EMAIL**

Anticipated Posting of Written Responses to

Vendor Inquiries

09/02/2022 Vendor Information Portal

Sealed Bids Due

09/09/2022

5:00 PM

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

Public Meeting for Opening of Bids

09/12/2022

10:00 AM

Teleconference Number: 1 (888) 585 – 9008 Conference Room Number: 407 639 217

Anticipated Posting of Recommended Award

09/20/2022 Vendor Information Portal

The Department shall utilize the State of Florida, Vendor Information Portal as the single resource for all ITB, Public Notice information in accordance with 28-102.001, F.A.C.

https://vendor.myfloridamarketplace.com/search/bids

1.3 Public Opening

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

1.4 Special Accommodations

Any person with a disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above 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 at 1 (800) 955-8771 (TDD).

1.5 Mandatory Requirements

The FDACS 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 is not substantial accord with the ITB requirements, provides an advantage to one respondent over other respondents, 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.

1.6 Conflicts and Order(s) of Precedence

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

1) Addenda, in reverse order of issuance

2) ITB, including attachments

3) PUR 1000, General Contract Conditions

4) PUR 1001, General Instructions to Respondents

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Specifications

All units purchased from this bid shall be LGP crawler dozers with a minimum of a 9L diesel engine and shall meet minimum specifications to protect/provide operator safety and allow the operator to effectively perform their job duties in extreme environmental conditions (e.g., Florida’s heat and humidity, high ambient temperatures near wildland/prescribed fire, heavy vegetation, dust/smoke conditions). These crawler dozers shall be able to perform "drawbar" work over long distances while pulling a fire plow (heavy disc harrow) and bulldozing/pushing heavy vegetation in order to create fire breaks, both with the purpose to create fire breaks. This work must be performed at speeds and exerting sprocket pull indicated in the attached specifications, in the stated extreme environmental conditions without overheating or other malfunctions that would affect operator safety.

https://www.ftri.org/relay https://www.dms.myflorida.com/content/download/2933/11777/PUR_1000_General_Contract_Conditions.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

A high-top forward speed in the crawler dozer is essential in case the operator may need to escape a fire when life safety is threatened. Parts and service for the crawler dozer as well the forestry package (including all aftermarket additions and/or modifications) shall be readily available throughout the United States. Awarded unit shall be the manufacturer’s latest standard production, new and unused representative model.

SEE APPENDIX I FOR ADDITIONAL SPECIFICATIONS.

Options

Option 1

Winch, low speed, power in and out with roller fairlead.

Option 2

Anti-corrosion package.

Option 3

Emission de-rate override, if available.

Option 4

Manufacturer's extended five (5)-year or 1500-hour warranty on powertrain and hydraulics.

NOTE: A copy of the warranty shall be provided with the bid. Warranty shall assure the unit meets all specifications contained herein for the entire warranty period as well as covering defects in materials and workmanship and the associated parts and labor. The warranty period shall begin on the date the Department places the unit “in service”, not the date of delivery of the unit.

2.2 Estimated Quantities

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

2.3 Delivery Instructions

Delivery of all items shall be to the:

Florida Department of Agriculture and Consumer Services Florida Forest Service Central Shop 137 SE Forestry Circle Lake City, Florida 32055 (On US 90, 2 miles east of Lake City, Florida)

Delivery may begin within ten (10) days of receipt of purchase order. The unit must be delivered by June 30, 2023. Price for delivery of any and all items as specified herein, shall be included in the FIRM FIXED UNIT PRICE of each. The Department shall not pay separate delivery fee(s) associated with the delivery of any item listed this Bid.

2.4 Training

The successful bidder shall provide a minimum of 16-hours of classroom training at one of the Florida Forest Service (FFS) training centers in Florida. The training will be scheduled by the Department.

2.5 Service/ Operator Manuals

One (1) parts and service manual (electronic version, licensed for network application), one (1) repair and test manual (electronic version, licensed for network application) and one (1) operator’s manual and lubrication chart shall be supplied with the unit.

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 FDACS Procurement Officer.

3.2 General Instructions to Respondents (PUR 1001)

Pursuant to Rule 60A-1.002 F.A.C., the General Instructions to Respondents, PUR 1001 are incorporated in this ITB by reference and available at:

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_ to_Respondents.pdf. There is no need to return this document with the bid response.

Any terms and conditions set forth within this FDACS ITB document shall supersede any and all conflicting terms and conditions set forth within the PUR 1001. Specific references to MyFloridaMarketPlace (MFMP) usage for this ITB stated in paragraphs 3 and 5 of the PUR 1001, General Instructions to Respondents are not applicable.

3.3 Bidder Inquiries

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all matters pertaining to this solicitation from the date of the release of the solicitation, until the FDACS Notice of Agency Decision is published 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 below, as indicated in the Timeline of Events. Oral inquiries, or those submitted after the period specified in the Timeline, will may be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: https://vendor.myfloridamarketplace.com/search/bids.

The Procurement Officer for this ITB is:

Brittany Harvey, Government Analyst Florida Department of Agriculture and Consumer Services 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, Florida 32399-0800 Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE BID NUMBER IN

https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf https://www.dms.myflorida.com/content/download/2934/11780/PUR_1001_General_Instructions_to_Respondents.pdf

THE SUBJECT LINE OF THE EMAIL**

Between the release of the solicitation, and the end of the 72-hour period following posting of notice of intent to award (72-hour period excludes Saturdays, Sundays and state holidays), bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee or officer of the executive or legislative branches of government, concerning any aspect of this solicitation, except in writing to the procurement officer as provided in this solicitation. Violation of this provision may be grounds for rejecting a response, as per Section 287.057(23), Florida Statutes.

3.4 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 procurement during the bidding period, information will be posted on the VIP (https://vendor.myfloridamarketplace.com/search/bids as a written addenda. Any addenda issued in relation to this solicitation 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.

3.5 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 website: Vendor Information Portal (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 Procurement:

• 22101522- Track bulldozers

3.6 Vendor Substitute W-9

The Florida Department of Financial Services (DFS) requires all bidders that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist bidders with questions and be reached by contacting (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 bidder post-award and is not something which FDACS will consider in determining the responsiveness of a bid.

3.7 Cost of Bid Preparation

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

3.8 Instructions for Bid Submittal

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

Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the bidder’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. In order to expedite the review of bids, it is essential that bidders follow the format and instructions.

1) Bids may be sent by U.S. mail, courier, overnight or hand delivered to the location indicated in the Timeline. Electronic (email/fax) submission of bids will not be accepted for the ITB.

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

3) It is the bidder’s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline.

4) 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. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received in the Purchasing Office.

3.9 Bidder Acknowledgement

By submission of a signature on the FDACS Acknowledgment Form, the Bidder 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 Bidder. The product offered by the Bidder will conform to the specifications of this ITB without exception.

Bidders must include Attachment A, FDACS Acknowledgement Form with their Bid response.

3.10 Price Sheet

The bidder shall complete, sign, date and return Attachment B, Price Sheet.

Bid prices must be firm and be inclusive of all packaging, handling, shipping and delivery charges, environmental and fuel service fees, and any other relevant and related charges.

No remuneration is available to the Bidder beyond the Bid price for all specifications and considerations in response to this ITB, as outlined herein. Bidders will be strictly held to the prices of their Bid. The contents of this ITB and vendor Bid submission will become a contractual obligation upon execution of the purchase order or contract.

Quantities referred to are estimated quantities. If the Price Sheet stipulates a unit price, the Department reserves the right to increase or decrease the quantities and amounts. No guarantee is made regarding actual orders issued for items or quantities. The FDACS 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.

3.11 Price Escalation

It is agreed that the firm fixed unit price for the item plus options or any combination for each item includes compensation for the Vendor to actively conduct cost and price control activities. It is the intention of both parties that pricing shall remain firm during the initial purchase of the agreement and that the parties may consider a price increase for future purchases. The increase shall not to exceed 3% of the original awarded bid price. Vendor should submit a written request to the FDACS that includes supporting documents justifying requested increases prior to the desired implementation date.

At the request of the Department, the Vendor shall provide evidence, cite sources, specific conditions and document how those conditions affect the cost of performance, and specific efforts the Vendor has taken to control and reduce those and other costs to avoid the need to increase prices. Due to current global supply chain challenges, the Department reserves the right to modify the price escalation percentage as it relates to current market analysis. The FDACS will review the proposed pricing and determine if it is allowable, fair and reasonable, and in the best interest of the state of Florida to accept the price increase. The FDACS reserves the right to terminate and re-solicit the procurement if both parties cannot agree to the price escalation.

3.12 Vendor Generated Terms and Conditions

The FDACS objects to and shall not consider any different or additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder’s response. In submitting a response, a Bidder agrees that any additional or different terms or conditions, whether submitted by Bidder intentionally or inadvertently, shall have no force and effect and shall be grounds for rejecting a Bid. Bidder’s failure to agree to comply with FDACS’ terms and conditions, including those specifying information that must be submitted with a Bid, shall be grounds for rejecting a Bid.

The purchase or contract issued by the FDACS 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 FDACS or the Bidder unless expressly contained herein or by a written addendum submitted by FDACS to this ITB.

3.13 Public Records

Any and all documents submitted in response to this ITB shall be considered public record pursuant to Chapter 119, Florida Statutes.

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 bidder or its agents or returned. 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 the Timeline.

Bid responses received late (after bid due date and time) 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.

3.16 Administrative Review

Each Vendor shall submit a Bid that meets all material requirements of this ITB. Material requirements are those without which adequate analysis and comparison of Bids is impossible or those that affect the competitiveness of the Bid. Bids that do not meet all requirements, specifications, terms and conditions of this solicitation or fail to provide all required information, documents, or materials may be rejected as non-responsive.

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

IF FDACS 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 AS NON-RESPONSIVE.

3.17 The Florida Based Business Preference

When commodities are to be procured using state funds, pursuant to Section 287.084, Florida Statutes, the lowest responsible and responsive bidder whose principal place of business is located within the state of Florida is entitled to a preference over the lowest responsible and responsive bid submitted by a bidder whose principal place of business is located outside of this state. The preference will be determined as follows:

1) If the lowest bid is submitted by a bidder whose principal place of business is located outside of the state of Florida, and that state or political subdivision grants a preference to vendors whose principal place business is with that state or political subdivision, the preference given to the lowest bidder whose principal place of business is within the state of Florida shall be equal to that granted in the other state or political subdivision.

2) If the lowest bid is submitted by a bidder whose principal place of business is located outside the state of Florida, and that state does not grant a preference to bidders having a principal of business in that state, the preference granted to the lowest responsible and responsive bidder having a principal place of business within the state of Florida shall be five percent (5%).

3) A vendor whose principal place of business is outside of the state of Florida must accompany any written bid, proposal or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

Failure to submit this letter will result in disqualification of the bid.

3.18 Basis of Award

An award shall be made to the responsive and responsible bidder with the total firm fixed unit price for the item plus options or any combination, as specified in Attachment B, Price Sheet for all specifications and considerations in response to this ITB. An award from this Bid does not constitute an official purchase order or contract, agreement or commitment on behalf of the state.

In the event the bidder with the lowest total firm fixed unit price for the item plus options or any combination is found non-responsive, the Department may proceed to the next responsive bidder with the lowest firm fixed unit price for the item plus options or any combination and continue the award process.

The Department reserves the right to award, or not award, contract(s) based on the availability of funds.

3.19 Less Than Two Responsive Offers

In the event that FDACS receives less than two (2) responsive bids, proposals, or replies for commodity or contractual services purchases, the Department reserves the right to negotiate the best terms and conditions with the single Responsive Vendor pursuant to 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 bidder and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 90 days from the bid submission date.

3.21 No Prior Involvement and Conflict of Interest

Section 287.057(17)(c), Florida Statutes, provides, “A person who receives a contract that has not been procured pursuant to 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 bidder 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 bidder 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 bidder. 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 bidder 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.

3.22 Scrutinized Companies and Prohibited Business Activities

Pursuant to Section 287.135, Florida Statutes, a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, Florida Statutes, requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies; with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or 3) engaging in business operations in Cuba or Syria.

In order for your bid to be considered responsive, Attachment C, Certification Regarding Scrutinized Companies Form, must be completed and included in your bid package.

The of Scrutinized Companies is available at:

https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx. The Department may immediately terminate any contract, as a result of this bid, for cause if the contractor is found to have submitted a false certification.

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

Any person submitting a response to this bid MUST execute the enclosed form FDACS-01522, Attachment D, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters for Expenditure of Federal Funds and enclose it with his/her bid or proposal. 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 Bidder responses to solicitations where there is identical pricing or scoring from two or more Bidders, 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), Florida Statutes.

1) CERTIFIED MINORITY BUSINESS ENTERPRISE

Pursuant to Section 287.057(12), Florida Statutes, if two equal bids are received and one bid is from a certified minority Business Enterprise, the Department must contract with the Certified Minority Business Enterprise. Bidders must provide a copy of this certification in their bid response to receive this preference.

2) COMMODITIES MANUFACTURED, GROWN OR PRODUCED IN STATE GIVEN

PREFERENCE

Pursuant to Section 287.082, Florida Statutes, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown or produced within this state, 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 this state shall be given preference. Bidders must provide proof in their bid response to receive this preference.

3) CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM

Pursuant to Section 287.087, Florida Statutes, whenever two 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, bidders may provide Attachment E, Certification of Drug-Free Workplace Program Form that it has implemented a drug-free workplace program. Submission is required.

4) PREFERENCE TO CERTAIN FOREIGN MANUFACTURERS

Pursuant to 287.092, Florida Statutes, 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. Bidders 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), Florida Statutes, a state agency, when considering two or more bids, proposals or replies for the procurement of commodities or contractual services, at least one 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), Florida Statutes, shall accompany the bid. Failure to submit proof of certification will result in non-application of the preference.

3.25 Disqualification of Bidders

More than one 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 bidder is interested in more than one bid for the same work will cause the rejection of all bids in which such bidders are believed to be interested.

If there is reason to believe that collusion exists among the bidders, any or all bids will be rejected. No participants in such collusion will be considered in future bids for the same work.

Falsifications of any entry made on the bidder'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 determined to be in the best interest of the Department. The Department further reserves the right 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), Florida Statutes, a Notice of Protest or Formal Written Protest must be filed with the Department’s Agency Clerk. Filings may be made delivered to The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399. Filings received after regular Business Hours (8:00 a.m. to 5:00 p.m., ET) will be 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 Additional Quantities

The Department reserves the right to and may purchase additional quantities of the items listed herein. Orders shall be made by Department purchase order and shall be made within twelve (12) months of award of this bid. The bidder shall hold firm their price during this period. Additional quantities ordered shall be subject to the same terms, conditions and pricing of the initial bid response.

4.2 Warranty, Guarantee and Substitutions

The bidder shall furnish manufacturer warranties with all equipment purchased by the Department as a result of this bid. At a minimum, the manufactures standard two (2) year or 300-hour warranty for State of Florida and municipalities shall be provided. A copy of the warranty shall be provided with the bid. Warranty shall assure the unit meets all specifications contained herein for the entire warranty period as well as covering defects in materials and workmanship and the associated parts and labor. The warranty period shall begin on the date the Department places the unit “in service”, not the date of delivery of the unit. The FFS shall notify the successful vendor in writing when each unit is placed in service. Such notice may be delivered by United States mail or by email. All components of the forestry package (the completed crawler dozer) shall be warranted by the successful bidder. If warranty repair requires removal and replacement of components of the forestry package to complete the warranty repair, the FFS shall not be charged for the removal and replacement of said forestry package components. Warranty work covering the crawler dozer as well as the forestry package shall be performed by any dealer representing the successful bidder’s brand of equipment.

Any deviation from this criterion must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the ordering location.

4.3 Damaged Commodities

The commodities shall be to the Department satisfaction and are subject to the Department’s approval. The bidder bears all risk of loss or damage to the commodities until the Department has accepted delivery of the commodities. The Department shall be entitled to return, at the Bidder’s expense, any commodities which the Department deems to be unsatisfactory.

4.4 Public Entity Crimes

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

4.5 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.

4.6 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.

4.7 Employment of Unauthorized Aliens

Pursuant to Executive Order 96-236, effective October 1, 1996, the following standard provision shall apply to any contract awarded as a result of this Invitation to Bid (ITB):

The employment of unauthorized aliens by any contractor is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The awarded vendor avers that it is registered in the E-Verify system and further agrees to comply with the provisions of Section 448.095(2), Florida Statutes.

4.8 National Defense Authorization Act

By submission of this bid response, the Bidder hereby represents and warrants that it shall comply with the Federal Acquisition Regulation 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment pursuant to the National Defense Authorization Act. Failure to comply or if the Bidder knowingly provides funds to any entity prohibited from receiving a contract or award pursuant to the Federal Acquisition Regulation 52.204-25, shall be cause for unilateral cancellation of the Department’s purchase order or contract. Subcontractors shall be verified through the General Services Administration (GSA) Federal Excluded Parties List: https://sam.gov/SAM/.

4.9 Cooperation with the Inspector General

Pursuant to Section 20.055(5), Florida Statutes, the contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review or hearing.

4.10 Vendor Ombudsman

Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services.

The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

If a payment is made within 40 days, a separate interest rate shall apply in accordance with Section 55.03 Florida Statutes (F.S).

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

4.11 Payment and Invoicing

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

Invoices must be submitted in sufficient detail, to allow for a proper pre-audit and post-audit thereof, to the contract manager. Partial payments may be made upon satisfactory delivery of items and receipt of invoices. Payment will be made based on the bid price and successfully delivered items. Payment shall be made in accordance with Section 215.422, F.S.

Invoices shall be submitted as outlined in the resulting purchase order or contract.

4.12 Modifications after Purchase Order or Contract Execution

Any changes in the specifications, delivery, quantity or terms of the executed purchase order or contract must be agreed upon by the Department and the awarded Vendor by written change order or contract amendment.

If the awarded Vendor requests an equitable adjustment in the price(s) or delivery date(s), that 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 purchase order or contract amendment.

4.13 Annual Appropriation

The state of Florida’s and the Department’s performances and obligations to pay for services under any contract or purchase order are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement.

APPENDIX I

CRAWLER DOZER, FIREFIGHTING/FORESTRY, LOW GROUND PRESSURE (LGP)

REPRESENTATIVE MODELS: JOHN DEERE 850L LGP, CATERPILLAR D6T LGP

The intent of this specification is to procure a low ground pressure (LGP) crawler dozer for use in forestry operations, with the primary use for wildland fire suppression (i.e., firefighting) and emergency response to protect life and property/structures. These crawler dozers shall meet minimum specifications to protect/provide operator safety and allow the operator to effectively perform their job duties in extreme environmental conditions (e.g., Florida’s heat and humidity, high ambient temperatures near wildland/prescribed fire, heavy vegetation and dust/smoke conditions). These crawler dozers shall be able to perform "drawbar" work over long distances while pulling a fire plow (heavy disc harrow) and bulldozing/pushing heavy vegetation in order to create fire breaks, both with the purpose to create fire breaks. This work must be performed at speeds and exerting sprocket pull indicated in the attached specifications, in the stated extreme environmental conditions without overheating or other malfunctions that would affect operator safety. A high-top forward speed in the crawler dozer is essential in case the operator may need to escape a fire when life safety is threatened. Parts and service for the crawler dozer as well the forestry package (including all aftermarket additions and/or modifications) shall be readily available throughout the United States. Awarded unit shall be the manufacturer’s latest standard production, new and unused representative model.

1. PERFORMANCE

A. Top forward speed at full throttle on cleared; hard level ground (pasture) shall be 6.0-MPH, minimum.

B. Shall be capable of producing a minimum 32,000-lbs. of drawbar pull continuously at a minimum speed of 2.0-MPH at the continuous operating range of the engine.

C. Vendor shall, upon request, provide a test crawler dozer identical to the model bid and demonstrate that it meets or exceeds the minimum performance requirements prior to the bid award. If requested, the fully equipped test crawler dozer shall be made available for inspection and field testing at the Florida Forest Service (FFS) headquarters in Tallahassee, Florida, (or other location in Florida specified by FFS) within 45 days from the date of the bid opening.

D. All crawler dozers purchased from this bid shall be able to perform the following operations for eight (8), continuous hours in extreme operating conditions (e.g., Florida’s heat and humidity, high ambient temperatures near wildland/prescribed fire, heavy vegetation, dust/smoke conditions):

1) Perform “drawbar” operation, pulling a fire plow or harrow in typical Florida wildland terrain, during the hottest days of the year without overheating; and

2) Bulldoze/push heavy vegetation.

E. All crawler dozers purchased from this bid shall meet or exceed all specifications contained herein for the duration of the warranty period.

2. ENGINE

A. Shall be a current production crawler dozer engine offered by the manufacturer. Prototype engines are not acceptable.

B. Diesel engine, six-cylinder, liquid cooled, per latest issue of SAE J1349.

C. Displacement, minimum, 9 L (549 CID). Indicate displacement, SAE net HP and RPM operating range of the engine, on the BID SHEET.

D. Cooling System/Radiator shall:

1) Have the maximum cooling capacity available.

2) Be resistant to plugging.

3) Be filled with coolant that provides maximum freeze and corrosion protection for operation in all areas of Florida.

4) Have a core constructed of an anti-sandblast design. Sand screens are not permitted.

5) Cooling system to incorporate a suction-type, variable-speed, hydraulically driven cooling fan with auto reversing feature. The reversing feature must have a manual over-ride to allow for more frequent cleaning when conditions demand it. This system helps purge debris material from the side of the cooling compartment shields and helps clean the coolers.

E. Exhaust and muffler:

1) If engine is equipped without a turbo charger, there shall be a spark arresting muffler with vertical exhaust. Exhaust shall be mounted in a manner that provides maximum protection considering the intended use. Any flexible tubing shall be stainless steel. Muffler shall include a sixteen (16)-gauge stainless steel shield.

2) If engine is equipped with a turbo charger which meets or exceeds the latest issue of SAE J350, a spark-arresting muffler is not required.

F. A turbine-type or aspirated air intake pre-cleaner shall be provided and protected by a perforated guard or under-hood air cleaner with a pre-cleaner function.

G. Engine throttle system shall be separate from the travel speed system and must have two (2) separate controls.

1) One (1) shall control engine RPM from the idle RPM to full engine RPM.

2) One (1) shall control machine ground speed. This control will allow a specific ground speed to be preset by the operator. Note: An engine throttle that controls RPM cannot be utilized to control ground speed.

3. DRIVE TRAIN

A. Transmission shall be hydrostatic or power shift transmission.

B. Steering shall be single lever joystick or single tiller bar control. The joystick/tiller bar shall control forward, reverse, left and right steering.

C. The crawler dozer shall be able to counter rotate or differential steer the tracks.

D. The hydrostatic transmission shall be plumbed with remote diagnostic test ports, conveniently located to permit diagnostic procedures without removal of any significant components.

4. UNDERCARRIAGE

A. Heavy duty, single grouser track shoes, thirty-six (36) - inch width.

B. Hydraulic track adjusters, designed for maximum safety.

C. Track shoe holes cross-shaped, 3 1/2 inches long x 1/2-inch-wide slot parallel to and 2 3/4 inches’ x 1/2-inch-wide slot perpendicular to the tractor. Track shoe holes shall be cut in every eighth shoe for installation of a 1/2-inch chain. Equivalent configurations are subject to approval by the Department prior to the bid award.

D. Carrier rollers, two (2), per side or one (1), per side if machine is a “High Track” model.

E. Permanent (metal-to-metal) face-type seals on track rollers, track idlers, and track carrier rollers.

F. Sealed and lubricated track.

G. Oscillation type undercarriage.

H. Track guiding guards, front and rear. No full-length rock guards.

I. Track roller frames and front idlers on representative model tractor, shall be heavy-duty type, capable of continuous use per application in scope.

J. Drive sprocket must be segmented for ease of servicing.

5. CHASSIS

A. Radiator Grille constructed for forestry applications shall:

1) Provide maximum protection and air flow.

B. Engine side shields shall be equipped with lockable slam latches, for quick release/ instant access without the use of tools. It shall positively secure the engine side shields.

C. One (1), manual fuel shut-off valve shall be easily accessible from the operator's seat and shall be operated without the use of tools.

D. Fuel tank shall be equipped with a fuel drain located under the tank that has protection from damage or accidental opening during operation. Fuel drain valve shall be easily accessible.

E. Fuel, hydraulic, and hydrostatic tanks/reservoirs shall be constructed of metal. The use of tanks made of other materials shall not be allowed.

F. All metal supply and return fuel lines. Metal reinforced, heavy-duty hose assemblies may be used only at flexible points. All fuel line connections shall be metal SAE-type threaded connectors.

Note: No hose clamps allowed except at cooler on low pressure return lines.

G. Shall be equipped with a fuel priming pump.

H. Belly pan shall be:

1) Heavy duty full-length with enclosed sides.

2) Minimum thickness of 7/16” (10mm) with cross bracing for reinforcement.

3) As many bolt-on compartment doors as possible for cleaning/flushing out debris. Doors shall be located at the lowest point of the compartments. (NOTE: Protective unit shall be comprised of a complete belly pan with enclosed sides and reinforcement for additional support and protection. Skid plates mounted on arms are not acceptable.