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.

(1) “Assignment” means direction by the Department to a Contractor to proceed with response action through a formal contract, task assignment, or Department issued purchase order.  The Department will utilize any one of the assignment options identified in this chapter singularly or in concert with another.

(2) “Closure” means completion of site rehabilitation activities and issuance of a Site Rehabilitation Completion Order based on a No Further Action determination with or without controls, which includes the risk-based corrective action procedures specified in Chapter 62-780, F.A.C.

(3) “Competitive Procurement” means contracting with a qualified response action contractor using one or more of the procedures specified in Rule 62-772.400 or 62-772.401, F.A.C. and consistent with Section 287.057, F.S.

(4) “Contract” shall refer to the following as defined by subsection 60A-1.001(1), F.A.C., (8-22-04) http://www.flrules.org/Gateway/reference.asp?No=Ref-03556, hereby adopted and incorporated by reference:

(a) A “Definite Quantity Contract” is an agreement between the Department and a vendor whereby the vendor agrees to furnish a specific quantity of an item or items or specific contractual services, at a specified price, to a specified location.

(b)A “Term Contract” is an agreement between the Department and a vendor whereby the vendor agrees to provide an indefinite quantity of commodities or contractual services, on an indefinite delivery schedule, over a specified period of time. Term contracts issued by the Department may also be referred to as an Agency Term Contract.

(5) “Contractor” means “response action contractor” as defined in Section 376.301, F.S.

(6) “Contract Period” means the period of the contract from execution to expiration. 

(7) “Contract Regions” means the distinct geographical areas identified in a competitive solicitation for agency term contractors for the sole purpose of contracting under this Chapter.

(8) “Department” means the Department of Environmental Protection.

(9) “Professional Engineer” means a person licensed under Florida Statute Chapter 471. 

(10) “Professional Geologist” means a person licensed under Florida Statute Chapter 492.

(11) “MyFloridaMarketPlace or MFMP” means the electronic registration and procurement system managed by the Department of Management Services as identified within Chapters 60A-1.030, 60A-1.031, and 60A-1.032, F.A.C.

(12)“Phase of Site Rehabilitation” means a distinct stage of petroleum contaminated site cleanup such as: site assessment (as defined in Rule 62-780.200, F.A.C.); interim source removal (as defined in Rule 62-780.200, F.A.C.); source removal (as defined in Rule 62-780.200, F.A.C.); creation of the remedial action plan (as described in Rule 62-780.700, F.A.C.) including bid specs and construction drawings; implementation of the remedial action plan including construction and operation and maintenance; post active remediation monitoring (as described in Rule 62-780.750, F.A.C.); and natural attenuation monitoring (as described in Rule 62-780.690, F.A.C.)

(13)“Purchase Order” means a written agreement formalizing a transaction between the Department and a vendor through MFMP.  The purchase order shall represent (a) a contract with a vendor, or (b) a transaction issued pursuant to an agency term contract.  In either event, the purchase order shall contain statements regarding the quantity, description, and price of the commodity or contractual service; applicable terms regarding payment, discount, date of performance, and transportation; and other pertinent information (e.g., a solicitation or contract number).

(14)“Responsible party” for purposes of this chapter, means the real property owner or the person designated by a responsible party agreement.

(15)“Site” means any contiguous land or inland surface water, and groundwater areas upon or into which a discharge of petroleum or petroleum products has occurred.

(16)“Site assessment” means the performance of any of the tasks or activities as described in Rules 62-780.500 and 62-780.600, F.A.C.

(17)“Task Assignment” means written authorization to use contracted services to conduct a defined set of activities related to site assessment and/or remediation activities at petroleum contamination sites.  Task assignments identify the specific work to be performed, the schedule for completion, the deliverables, and authorized costs. Response action contractors invoice against the task assignments. A task assignment may also be used as an attachment in conjunction with a Department issued purchase order. In this case, the response action contractor shall invoice against the purchase order.

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 1-16-14.