The purpose of the proposed revision is to update language in section (1)(a), as the legislature amended the referenced statutes, Chapters 471 and 492, in 2020. The revisions reflect those amendments by updating requirements ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-772.300Contractor Qualifications and Performance Reviews

PURPOSE AND EFFECT: The purpose of the proposed revision is to update language in section (1)(a), as the legislature amended the referenced statutes, Chapters 471 and 492, in 2020. The revisions reflect those amendments by updating requirements for petroleum response action contractors (contractor) to possess and maintain a valid Professional Engineer license in the State of Florida and, if applicable, a valid license to practice Professional Geology in the State of Florida. Removing the requirement to demonstrate that the contractor is doing business under their own given name and are not subject to the certificate of authorization.

SUMMARY: In section (1)(a), updating requirement for contractor to maintain or contract with person(s), replacing certificate of authorization with license, requiring contactors to possess and maintain or contract with person(s) which possess and maintain: a valid license to practice Professional Engineering in the State of Florida, and only if applicable, a valid license to practice Professional Geology in the State of Florida, and removing the requirement to demonstrate that they are doing business under their own given name and are not subject to the certificate of authorization. In addition, updating statutory citations, rule references, and the Department’s website address.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: because this revision merely updates requirements imposed by other agencies this rule does not create an economic impact on the industry and will not adversely affect economic growth, employment, or investment; business competitiveness; or regulatory and compliance costs.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 287.0595, 376.303, 376.3071 FS.

LAW IMPLEMENTED: 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Luten Lopez, Department of Environmental Protection, 2600 Blair Stone Road MS#4575, Tallahassee, FL 32399.

[e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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) Demonstrate that the contractor meets all certification and license requirements imposed by law. The contractor shall possess and maintain or contract with person(s) firms which possess and maintain: a valid license certificate of authorization (firm) to practice Professional Engineering in the State of Florida Geology from the Florida Department of Business and Professional Regulation (DBPR) pursuant to Chapter 471 Section 492.111, F.S.; and if applicable, a valid license certificate of authorization (firm) to practice Professional Geology in the State of Florida Engineering from the Florida Board of Professional Engineers (FBPE) pursuant to Chapter 492 Sections 471.023, F.S., or demonstrate that they are doing business under their own given name and are not subject to the certificate of authorization requirement.

(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 Blair Stone Road, Mail Station 4575, Tallahassee, Florida 32399-2400. Documentation submitted under Section 376.3071 376.30711(2)(c), F.S., may be used to satisfy this requirement.)

1. through 5. No change.

(2) No change.

(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 Blair Stone Road, 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) http://www.flrules.org/Gateway/reference.asp?No=Ref-03557, hereby adopted and incorporated by reference.

(b) through (c) No change.

(3) Pursuant to Rule 60A-1.033 60A-1.030, F.A.C., each vendor selected through competitive procurement shall be registered in “MyFloridaMarketplace” prior to execution of a contract or purchase order for State-funded petroleum site rehabilitation services.

(4) No change.

(5) Disqualification.

(a) No change.

(b) All contracts are subject to the default procedures in Section 287.1351, F.S. Rule 60A-1.006, F.A.C., (10-15-06) http://www.flrules.org/Gateway/reference.asp?No=Ref-03558, hereby adopted and incorporated by reference.

(6) Contractor Performance Review. The Department shall evaluate, with input from the responsible party and/or site owner, contractor performance at least after completion of each task assignment or purchase order under a term contract or completion of other non-term contracts using the Contractor Performance Evaluation form number 01, dated (April 2016), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05720), hereby adopted and incorporated by reference and the Site Owner/Responsible Party Contractor Performance Survey form, number 02, dated (April 2016), (http://www.flrules.org/Gateway/reference.asp?No=Ref-06667), hereby adopted and incorporated by reference. A copy of these forms can be obtained from the Division of Waste Management at its web site at https://floridadep.gov/waste www.dep.state.fl.us/waste or at 2600 Blair Stone Road, Tallahassee, Florida 32399. Contractor performance shall be considered prior to assignment of rehabilitation tasks, authorizing any contract renewals and determining retainage (and its release) pursuant to Section 376.3071(6), F.S.

Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New 6-13-14, Amended 4-6-16,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Natasha Lampkin, Program Administrator, Department of Environmental Protection, 2600 Blair Stone Road MS#4575, Tallahassee, FL 32399, [e-mail] or [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Shawn Hamilton

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 1, 2022