Applicability and Purpose, Definitions, Procedures for Determining Qualifications of Firms for Continuing Contracts, Competitive Selection, Contract Terms and Conditions, Assignment, Negotiation, and ....
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.:RULE TITLE:
62-787.100Applicability and Purpose
62-787.200Definitions
62-787.300Procedures for Determining Qualifications of Firms for Continuing Contracts
62-787.400Competitive Selection
62-787.500Contract Terms and Conditions
62-787.600Assignment, Negotiation, and Modification of Task Assignments
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 97, May 18, 2020 issue of the Florida Administrative Register.
62-787.100 Applicability and Purpose.
(1) Purpose. This chapter establishes a process for procuring pollution action response action contracts for the Department of Environmental Protection’s Waste Cleanup Program, as defined by this rule chapter below.
(2) Applicability. The following procedures set forth in this chapter shall be followed for the procurement of Continuing Contracts for pollution action response action contracts. These rules do not apply to procurements for:
(a)(1) a contract for a single Project or Site that can be identified prior to the procurement, or
(b)(2) a contract for a Project or Site where the construction cost or Professional Services fee exceed the limits set forth in s. 287.055(2)(g), F.S., or
(c)(a) response actions addressed pursuant to Rule Chapter 62-772, F.A.C. In the event the Department declares a valid emergency the Department may enter into a contract with Firms who are not on a Continuing Contract.
(3) The Department may declare an emergency and waive the procurement requirements described in this rule chapter. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., circumstances in s. 403.1655, F.S., acts of God, riot, fires, floods, accidents or any circumstances or causes beyond the control of the Department in the normal conduct of its business) where the delay incident to this procurement method would result in an immediate danger to the public health, safety or welfare or other substantial loss to the state.
(4)(3) No change.
Rulemaking Authority 287.0595, 376.303, 403.1655 Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New ____.
62-787.200 Definitions.
All words and phrases defined in Sections 287.012, F.S. and 376.301, F.S., shall have the same meaning when used in this chapter.
(1) “Continuing Contract” means a Contract between the Department and a PRAC for an indefinite quantity of Professional Pollution Action Response Services as described in the scope of services in the Continuing Contract for a period of time defined in the Continuing Contract.
(2) through (6) No change.
(7) “Pollution Response Action Services” means a pollution response action as defined in s. 376.301, F.S.
(7)(8) “Professional Services” means pursuant to s. 287.055, F.S., those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.
(8)(9) No change.
(9)(10) “Request for Qualifications” or “RFQ” means a solicitation process for statements of qualification for the Department to select one or more vendors to provide Professional Services under a Continuing Contract, competitive procurement performed in accordance with s. 287.055, F.S. and the procedures outlined in Rrules 62-787.300 and 62-787.400, F.A.C. Florida Administrative Code.
(10)(11) No change.
(11)(12) “Task Assignment” means written authorization by the Department to a selected PRAC to use contracted services to conduct a defined set of activities related to a Project for a Site or multiple Sites under the purview of the Waste Cleanup Program.
(12)(13) “Task Assignment Change Order” means a modification to a Task Assignment by written authorization prior to the expiration of the Task Assignment or underlying Continuing Contract agreement.
(13)(14) No change.
(14)(15) “Waste Cleanup Program” means all response action activity, regardless of funding source, excluding response actions addressed pursuant to Rule Chapter 62-772, F.A.C. s. 376.3071, F.S.
Within four years of the effective date of this rule, the Department will evaluate this rule to determine if the Department needs to repeal this rule in accordance with the procedures set forth in s. 120.54, F.S.
Rulemaking Authority 287.0595, 376.303, Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New ____.
62-787.300 Procedures for Determining Qualifications of Firms for Continuing Contracts.
(1) To be eligible to enter a Continuing Contract with the Department, Firms must, at a minimum:
(a) Meet all certification and license requirements imposed by applicable Federal, State, and local law.
(b) through (d) No change.
(2) The Department will identify any may require additional qualifications for Firms in the its RFQ.
(3) Failure to possess any of the qualifications listed in subsection 62-787.300(1), F.A.C., or specified listed in the RFQ at the date the response to the RFQ is due shall result in rejection of the Firm as unqualified.
(4) through (5) No change.
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New ____.
62-787.400 Competitive Selection.
(1) The Department shall may issue an RFQ to qualify and award Firms and may award a Continuing Contract for response action and Site rehabilitation as defined in s. 376.301, F.S. The RFQ shall be published in the Vendor Bid System as established in Rule 60A-1.021, F.A.C. Changes to the RFQ may only be made if published in the Vendor Bid System as an addendum to the RFQ.
(2) The Department may qualify and award multiple Continuing Contracts from a single RFQ., if doing so is determined to be in the best interest of the State.
(3) A Technical Evaluation Committee shall determine the relative ability of each Firm to perform the services required under the scope of services using the evaluation criteria published in the RFQ of the RFQ and provide each Firm with a relative score and ranking.
(4) No change.
(5) The Department shall publish on the Vendor Bid System the list identifying the highest-ranking Firms selected by the Technical Evaluation Committee shall be eligible to participate in oral presentations as well as the oral presentation topic, oral presentation scoring guidelines, and presentation date in an addendum to the RFQ. The number of Firms participating in the oral presentations shall be specified in the RFQ.
(6) An oral presentation topic, scoring guidelines, and a presentation date shall be provided to those Firms selected to participate in oral presentations.
(7) through (11) renumbered.
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New ____.
62.787.500 Contract Terms and Conditions.
(1) Non-Exhaustive List of Required Contract Terms. Each Continuing Contract issued pursuant to this chapter shall contain provisions that require:
(a) The PRAC to follow a competitive procurement process to obtain quotes from non-Professional Services contractors for each non-Professional Service required by a Task Assignment. The competitive procurement process must follow Rrule Chapter 60D-5, F.A.C., or alternate, but similar process pre-approved by the Department in writing. A minimum of three bids will be obtained, where practicable, for all subcontracted work. Exceptions to the minimum three-bid requirement would be: situations where only one (sole-source) or two subcontractors are available to provide the desired services or when the PRAC receives less than three responsive bids, proposals or replies. The PRAC will manage and assume responsibility for all work conducted by subcontractors under a Task Assignment. The Department retains the right to reject the use of any subcontractor prior to and during execution of the work under a Task Assignment.
(b) No change.
(2) The PRAC must maintain the minimum qualifications required by Rule 62-787.300, F.A.C. this chapter and demonstrate its continued compliance with those requirements upon demand. Failure to meet any this requirement shall result in immediate termination of the Continuing Contract.
(3) Payments, purchases, warrants, and invoices are subject to the provisions in ss. Sections 215.42, 215.422, and 112.061, F.S.
(4) No change.
(5) Renewals and extensions of Continuing Contracts must be in compliance with ss. s. 287.057(12),(13), - 287.057(13), F.S.
(6) Task Assignments.
(a) through (d) No change.
(e) The Department reserves the right to require a performance bond on Tasks Assignments.
(7) No change.
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New____.
62-787.600 Assignment, Negotiation, and Modification of Task Assignments.
(1) The PRAC may be assigned Task Assignments from the Continuing Contract. There is no minimum amount of work guaranteed to any PRAC under a Continuing Contract. The Department shall assign work at its sole discretion as determined by the Department to be in the best interest of the State. In making a determination of assignment the best interest of the State, the Department will may consider a PRAC’s workload, past performance, experience with similar tasks, and scheduling availability in making all assignments.
(2) Cost negotiations shall be addressed in each Task Assignment.
(3)(a) No change.
(4)(3) Modification of Task Assignments.
(a) Should conditions alter the nature and extent of the work specified and described in the Task Assignment, and the alteration of such conditions changes the causes greater or less cost and expense or time to perform the work required to complete the Project as specified or described and planned to be incurred in the PRAC’s Level of Effort and negotiated cost, a modification shall be made by means of a Task Assignment Change Order to the Task Assignment time and/or Task Assignment amount.
(b) No change.
(c) The It is in the best interest of the State that the PRAC shall perform changes in the work and that bidding shall not be required if the PRAC’s performance and capability remain satisfactory at the time of a proposed Task Assignment Change Order and:
1. The (i)the change is within the general scope of the Continuing Contract and the Continuing Contract or Task Assignment contains a method of calculating overhead and profit caused by Task Assignment Change Order; or
2. The (ii)the change will reduce either the scope or size of the Project or the Task Assignment price, is an integral part of the Project that must be made to correct an unanticipated condition which is necessary to permit the Project to continue; and
3. The the PRAC agrees to a reasonable negotiated change in the Task Assignment price. The Department shall make a determination in the best interest of the State on the basis of these criteria for each proposed change in the work.
(5)(4) The Department may solicit a cost proposal for a qualifying Project from any PRAC and may thereafter enter into a Task Assignment with that PRAC, for any of the services described in the scope of services contained in the RFQ and in the Continuing Contract. Under a Task Assignment, the PRAC will manage all work being conducted under that Task Assignment. This includes: pre-qualification of all subcontractors necessary for conducting work under the Task Assignment; selection of the lowest cost, responsive, responsible subcontractor for each aspect of the subcontracted work described within the Task Assignment; management of all selected subcontractors under the Task Assignment; and payment of all subcontractors following satisfactory completion of work described in the Task Assignment.
(6)(5) No change.
Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History New ____.
