62-772.400. Procedures for the Competitive Procurement of Contractors and Assignment of Work

(1) The Department will use the procedures specified in Section 287.057, F.S., and in this Chapter to competitively procure services for petroleum contaminated site response actions for the Early Detection Incentive Program (EDI) pursuant to Section 376.3071(9), F.S., the Petroleum Liability and Restoration Insurance Program (PLRIP) pursuant to Section 376.3072(2), F.S., the Abandoned Tank Restoration Program (ATRP) pursuant to Section 376.305(6), F.S., the Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP) pursuant to Section 376.30715, F.S., and for petroleum contamination sites under a consent order (also known as hardship or indigent sites) defined in Section 376.3071(7)(c), F.S.

(2) Agency Term Contracts. The Department will use an invitation to bid, request for proposal, or invitation to negotiate, as described in Section 287.057, F.S., to enter into multiple agency term contracts to retain Contractors to conduct an indefinite quantity of petroleum site rehabilitation services on a task assignment basis over the contract period. The Department will specify, in the solicitation, whether the solicitation for agency term contractors is limited to specific regions of the state or is statewide.

(3) Assignment of Work to Agency Term Contractors. In order to seek additional value and be consistent with subsection 60A-1.043(2), F.A.C., (6-21-04) http://www.flrules.org/Gateway/reference.asp?No=Ref-03575 hereby adopted and incorporated by reference, the Department will specify in all agency term contracts a dollar threshold based on the categories in Section 287.017, F.S., above which the Department will request quotes from agency term contractors for a phase of site rehabilitation.

(4) When the Department determines that direct assignment or requesting quotes from agency term contractors under subsection 62-772.400(3), F.A.C., will not provide the best value to the state, the Department will use an invitation to bid, request for proposal or invitation to negotiate as described in Section 287.057, F.S., to enter into a definite quantity contract to perform services at a petroleum contaminated site.

(5) Responsible Party Input. The Department will notify the responsible party in writing when its site comes up in the priority order for site rehabilitation. Within 30 days of receipt of notification, the responsible party shall respond to the Department indicating whether they desire to provide input to the Department in the rehabilitation process for their site.

(a) If the responsible party does not respond within 30 days or indicates that they do not wish to provide input into the rehabilitation of their site, then the Department will conduct the rehabilitation in accordance with the procedures of this Chapter and Chapter 62-780, F.A.C.

(b) A responsible party indicating a desire to provide input into the rehabilitation process will be provided the following:

1. Prior to direct assignment of an agency term contractor, or initiating a contractor selection process under paragraph 62-772.400(3)(b) or (4), F.A.C., the Department will consult with the responsible party on drafting the scope of work to be performed at the site for each phase of rehabilitation, taking into consideration site logistics such as structures on the property, conditions necessary to limit the interruption of business ongoing at the site and the responsible party’s documented requirements for safety or liability insurance.

2. The Department and the responsible party will discuss closure options available for the site under Rule 62-780.680, F.A.C.

3. For cause, the responsible party will have the option to reject one of the agency term contractors prior to the assignment of work under subsection 62-772.400(3), F.A.C.

4. In the event of an emergency, the responsible party shall have the right to demand that the contractor suspend work. The responsible party shall notify the Department’s Petroleum Restoration Program within four hours (or noon of the following business day if the suspension occurs during non-business hours).

(6) Renewal of contracts will be subject to Sections 287.057(13) and 287.058(1)(g), F.S.

(7) Contract extensions shall be in writing for a period not to exceed 6 months. The extended contract shall be subject to the same terms and conditions set forth in the initial contract and any amendments signed by the parties. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. A contract extension is different than a contract renewal.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 287.057, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History‒New 6-13-14.