Definitions, Contractor Qualifications and Assessment, Procedures for he Competitive Procurement of a Qualified Pool of Contractors, Procedures for Other Competitive Procurement Methods, Payment Procedures for State-Funded Response Action Activities

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-772.200Definitions

62-772.300Contractor Qualifications and Assessment

62-772.400Procedures for the Competitive Procurement of a Qualified Pool of Contractors

62-772.401Procedures for Other Competitive Procurement Methods

62-772.600Payment Procedures for State-Funded Response Action Activities

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. 39, No. 194, October 4, 2013 issue of the Florida Administrative Register.

 

62-772.200 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 unless the context clearly indicates otherwise.

(1) through (3) No change.

(4) “Contract” shall refer to the following as defined by subsection 60A-1.001(1), F.A.C., (8-22-04), hereby adopted and incorporated by reference:

(a) through (b) No change.

(5) through (11) No change.

(12) “Owner” means any person owning a facility.

(13) through (14) renumbered (12) through (13)No change.

(14)(15) “Responsible party” for purposes of this chapter, means the real property owner or the person designated by a responsible party agreement., the facility owner, the facility operator, or the discharger, and/or other person or entity responsible for site rehabilitation, unless that entity is the Department.

(16) through (18) renumbered (15) through (17)No change.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 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 _________.

 

62-772.300 Contractor Qualifications and Performance Reviews.

(1) Minimum Qualifications. All contractors performing site assessment and remediation activities for state-funded sites under this Chapter must meet the following minimum qualifications:

(a) No change.

(b) Each contractor shall certify to the Department that the contractor: (This certification must be in writing and submitted to the Department’s Petroleum Restoration Program, Attn.: Contactor Qualification Coordinator, 2600 Blairstone Rd., Mail Station 4575, Tallahassee, Florida 32399-2400. Documentation submitted under Section 376.30711(2)(c), F.S., may be used to satisfy this requirement.)

1. through 4.No change.

5. Has completed and submitted a sworn statement under Section 287.133(3)(a), F.S., on public entity crimes, which may result in revocation of the right to transact business with public entities.

6. renumbered 5. No change.

(2) Procedures for Determining Qualified Vendors to Participate in Procurement Opportunities.  Only qualified vendors can submit responses on a competitive solicitation for work. The following procedures apply to the competitive procurement of contracts under this Chapter in order to qualify potential vendors to respond to a competitive solicitation for work.

(a) Interested vendors shall submit documentation to the Department verifying that the vendor meets the minimum qualifications specified in subsection (1). This documentation must be in writing and submitted to the Department’s Petroleum Restoration Program, Attn.: Contactor Qualification Coordinator, 2600 Blairstone Rd., Mail Station 4575, Tallahassee, Florida 32399-2400. The Department will review the qualification documentation and notify each vendor of its determination regarding their qualification status.  Only vendors that meet the minimum qualifications on the date of opening a response to a competitive solicitation for work shall be considered in the procurement process. Those vendors not meeting the minimum qualifications on the date of opening responses shall be determined unqualified and rejected from further consideration for that solicitation. The Department will indicate those vendors that were rejected in the posting of the Department’s decision for that solicitation as required in Rule 60A-1.021, F.A.C., (8-22-04) hereby adopted and incorporated by reference.

(b) through (c) No change.

(3) through (4) No change.

(5) Disqualification.

(a) No change.

(b) All contracts are subject to the default procedures in Rule 60A-1.006, F.A.C., (10-15-06) hereby adopted and incorporated by reference.

(6) No change.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30711(2)(b), (c), 376.30711(5)(c), (h), (i), 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New_________.

 

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

(1) through (4) No change.

(5) No change.

(a) No change.

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

1. through 2.No change.

3. For good 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.  Good cause shall mean poor performance or unsafe practices by the agency term contractor on the responsible party’s site, documented by the responsible party at the time of the work being performed; or agency term contractor fails to meet the responsible party’s documented requirements for safety or liability insurance.

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. The initial contract period entered under this chapter will be for no more than 5 years and is renewable for a period that will not exceed 3 years or the term of the original contract, whichever is longer. The solicitation used to procure the contract will address renewal, if this option is contemplated by the Department. The renewal shall be subject to the same terms and conditions set forth in the initial contract and any amendments signed by the parties. The Department shall maintain the exclusive right to determine when to open or close contracting windows.

(7) No change.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 287.056, 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________.

 

62.772.401 Alternative Contractor Selection Procedures for Other Procurement Methods.

(1) Low Scored Site Initiative (LSSI).  For a site participating in the Low Scored Site Initiative (LSSI) program under Section 376.3071(11)(b), F.S., a participant an applicant will:

(a) through (c) No change.

For the purpose of LSSI work, one contractor working on several site assessments shall not be considered circumvention as described in Section 287.057(9), F.S. since each site assessment is a single project, which is capped at $30,000 in accordance with Section 376.3071(11)(b), F.S.

(2) The selection of the contractor for Preapproved Advanced Cleanup (PAC) under Section 376.30713, F.S., Petroleum Cleanup Participation Program under Section 376.3071(13), F.S., Site Rehabilitation Funding Allocation Agreements under Section 376.30714, F.S., will be negotiated between the Department and the participant or applicant along with the terms and conditions of the contract or agreement.  If the participant or applicant is providing 25% or more of the cleanup cost, or the site will reach a funding cap under Section 376.3072(2)(a)3., or (2)(d)2.c., or d., F.S., then the participant or applicant may select any agency term contractor.  If the participant or applicant is providing less than 25% of the cleanup cost, the Department will follow subsections 62-772.400(3) through (5), F.A.C., for contractor selection. 

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.3071(11)(b), 376.3071(13)(c), 376.30711, 376.30713, 376.30713(3)(a), 376.30714, 376.30714(4), 376.30715, 376.30716, 376.3072 FS. History–New_________.

 

62-772.600 Contract Terms and Conditions.

(1) through (2) No change.

(3) The Department will include contingency statements as applicable appropriate in contracts which require annual appropriation in accordance with Section 287.0582, F.S.

(4) The Department will include the provisions in Section 287.0585, F.S. for late payments by contractors to subcontractors and suppliers and penalties, as applicable deemed appropriate.

(5) If federal funds are used, contracts, task assignments, and/or purchase orders will include any necessary terms and conditions required by the federal agency.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 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_________.