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) which possess and maintain: a valid license to practice Professional Engineering in the State of Florida pursuant to Chapter 471, F.S.; and if applicable, a valid license to practice Professional Geology in the State of Florida pursuant to Chapter 492, F.S.

(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, F.S., may be used to satisfy this requirement.)

1. Complies with applicable OSHA regulations.

2. Maintains workers’ compensation insurance for all employees as required by the Florida Workers’ Compensation Law.

3. Maintains comprehensive general liability and comprehensive automobile liability insurance with minimum limits of at least $1,000,000.00 million per occurrence, and $1,000,000.00 million annual aggregate, as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damage which may arise from performance of work under the program, designating the state as an additional insured party. The Department will specify in solicitations when higher limits on liability insurance are necessary.

4. Maintains professional liability insurance of at least $1 million per occurrence and $1 million annual aggregate.

5. Has the capacity to perform or directly supervise the majority of the work at a site in accordance with Section 489.113(9), F.S.

(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 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.

(b) The Department shall maintain a list of all qualified vendors on its website.

(c) All qualified vendors are responsible for maintaining the minimum qualifications in subsection (1). Vendors that are recommended for contract award, but that do not maintain minimum qualifications after the opening of responses to a competitive solicitation must satisfy all minimum qualification requirements in subsection (1), prior to execution of a contract.

(3) Pursuant to Rule 60A-1.033, 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) After execution of a contract, any contractor that cannot demonstrate that it meets the minimum qualifications in subsection (1), is not eligible to perform services under this chapter and is subject to contract termination if not corrected.

(5) Disqualification.

(a) It is unlawful for a site owner or operator, or his or her designee, to receive any remuneration, in cash or in kind, directly or indirectly, from a contractor performing petroleum site rehabilitation services pursuant to this section. A contractor offering or providing such remuneration shall be immediately removed from all active state-funded sites and all contract(s) terminated. In addition, the specific individual(s) involved in making the offer or providing remuneration (or their associated companies), shall be disqualified from participating in all state-funded cleanup activities as well as competitive solicitations for at least three years subject to the procedures in Section 287.133, F.S.

(b) All contracts are subject to the default procedures in Section 287.1351, F.S.

(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 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, 7-31-22.