1. Addendum No. 1 - Q&A & Modifications.pdf

DEP Solicitation No. 2024001 Addendum No. 1 Page 1 of 39

ADDENDUM No. 1

Questions, Answers, and Modifications

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DEP Procurement Section

3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000

August 14, 2023

Addendum To: DEP Solicitation No. 2024001, entitled Petroleum Contamination Site Response Action Services

The Department hereby answers questions posed by prospective Vendors. This addendum does not need to be returned with the response.

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

1.

Will this contract be in addition to the existing ATC FDEP contracts and not replacing them?

No, the existing FDEP Agency Term Contracts for Petroleum Response Services expire February 14, 2024. These will be new Agency Term Contracts for Petroleum Response Services.

2.

Would it be possible to receive the submitted qualifications for the winning firms and the bid tabulations as well?

Any requests for documents will be handled separately under the applicable public records process.

3.

Attachment 1

- Draft

Contract;

Section 63.a.ii

Draft contractual language indicates the selected Contractor shall not acquire, merge, or enter into any joint venture or other business relationship with a Contractor with a contract for Division Administrative Services or PRP staff augmentation services for site management and the Department shall terminate this Agreement.

(Emphasis Added). Interpreted broadly, the “other business relationship” language could include prime/subcontractor agreements, mentor/protégé agreements, MOUs and teaming agreements, and other arrangements.

Did the FDEP intend to include draft contract language that restricts such a broad array of “business relationships” between future selected ATC and Division Administrative Services (Northstar) and PRP staff augmentation (WSP and Northstar) contractors?

It appears that clause 63.a.ii of the draft contract could:

• Preclude at least 25% of current ATC contract holders from reprocuring in good faith a contract under RFP 2024001 due to current and future joint ventures and “other business relationships” between the entities noted above; and, Addendum No. 1 Page 2 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

• Prevent joint ventures and other “business relationships” between ATC and Division Administrative Services or PRP staff augmentation contractors developed specifically to secure and perform work outside of and unrelated to the PRP.

Yes, it is the intent to limit the potential for a conflict of interest.

These conflicts create a burden on the Department.

4.

Section 3.4.1

Volume 1, Business Response

Can supplemental information for the client/project reference be provided outside of Form C? Does all the information for a reference need to completely fit on Form C?

Supplemental information for the client/project reference is not permitted outside of Form C. All information for a reference must fit completely on Form C.

5.

Section 3.4.1.2

Required Forms

Can you confirm that client/project references that are similar in scope, show a similar type of assessment, remediation and closure options for non-petroleum contaminants cannot be used? Will use of these type projects result in a 0 score?

Yes, it must be petroleum response services. Yes, non-petroleum references will receive a 0.

6.

Section 4.7.2 Activities Page 34

New Line Item 2-5: The cost of this line item varies depending on the complexity of the proposed work in the ROW or road. How can ATCs develop a single cost when diverting a sidewalk versus a lane closure can vary from $500 to $4,000?

Respondents should provide a competitive price based on their experience in variations.

7.

Section 4.7.2 Activities Page 33-34

Line Item 2-1: Language has been added to indicate that this pay item includes the creation and submittal of associated maps and tables now. The cost of this will vary significantly depending the age of the site cleanup and complexity of the site. Would it be more efficient to use Section 19 line items such as 19-9 and 19-10 to complete this?

In addition to this line item map and table generation will be allowed once per contractor per site. The Addendum No. 1 Revised RFP 2024001 and associated documents are updated.

8.

Section 4.7.2 Activities Page 51

New Line Item 11-15: The cost of this line items varies depending on the current fuel rates, how long the equipment is anticipated to be on the project site, and how many gallons may be collected.

How can ATCs price this item when the cost could vary wildly from project to project, and from year to year?

This pay items has been updated to reimbursable and will be utilizing the standard quoting process. Pay item 11-15 includes disposal. The Addendum No. 1 Revised RFP 2024001 and associated documents are updated.

Addendum No. 1 Page 3 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

9.

Section 4.7.2 Activities Page 53-54

Per diem was not included in the 14.A Trenching section description. Going forward will per diems now be included in these line item costs?

Yes, per diem is included in all pay applicable pay items. Per diem will not be paid separately for work assignments issued under this solicitation. The Addendum No. 1 Revised RFP 2024001 has been updated.

10.

Section 4.7.2

Activities Page 54-55

Per diem was not included in the 14.B Remediation System Integration and Startup section description. Going forward will per diems now be included in these line item costs?

See answer to question number 9.

11.

Section 5.3

Evaluation of Volume III, Price Sheet

The SPI line items 20-1 through 20-36 are weighted in form D. Page 82 of the RFP indicates that Section 20 items will be excluded from price evaluation. Is this correct?

Yes. These pay items are excluded from the award but will be utilized in the work assignment process. The weights have been updated in the Addendum No. 1 Revised Form D – Price Sheet.

12.

Section 6.1

Basis of Award

Please confirm the number of contracts that will selected per region.

The Department intends to award no more than thirty contracts in each region.

13.

2.6

Addenda/Am endments

How should the respondent acknowledge amendments?

All changes to the RFP will be made through addenda or amendments posted on the VIP and utilize in their submittal.

14.

Line items 11-7 to 11-10 47 of 85

Can a minimum tonnage (example, 10 tons for roll-off or 22 tons for a dump truck?) be added to these line items. There is a minimum disposal charge that needs to be covered by these items at the disposal facility.

No.

15.

4.7 Schedule

of Pay Items 58 of 85

The table for Air Sparging System Requirements lists that the Minimum Blower Size for a medium system should be 150 HP. This appears to be an error and should be 10 HP as shown on the similar table on page 65 of 85. Can this be corrected?

Yes, Addendum No. 1 Revised RFP 2024001 has been updated.

16.

4.7 Schedule

of Pay Items Form D

How will FDEP account for inequities in the presentations of costs for line items presented in Form D? For example, assume that 50 respondents submit costs for line item 17-9 at a legitimate cost of $10,000 per line item. However, if another respondent provides a cost of $0.01 for the same line item (because they know that they would never accept an assignment that included this line item), Addendum No. 1 Page 4 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer then their weighted price for Volume III could be substantially reduced as compared to other Respondents.

All contracts awarded will be expected to perform all line items included in the solicitation for the rates submitted.

17.

3.4.2.4 Tab D:

Quality Assurance

Plan

This section requests that examples of logs and forms be provided.

Should these examples be blank forms and logs or should they be sample completed forms that are representative of typical field work?

Examples should consist of blank logs and forms.

18. 3.4.2.3 Tab C:

Qualifications and Experience

Please clarify “Team” and “Team Member” as being people or firms.

A “Team Member” is an individual person and a “Team” is a collection of Team Members.

19. 3.4.2.3 Tab C:

Qualifications and Experience,

b) through f)

Since “Respondent” refers to the responding company, then did FDEP intend to use Each Team Member (such as in Item c) where FDEP asks for “Respondent’s Education/Certification and Professional Registrations” Yes.

20. 3.4.2.3 Tab C:

Qualifications and Experience, a), a)

Is “Respondent’s past experience relevant…” intended to be for each individual Team Member (person)?

Yes.

21.

Attachment

1: DRAFT

Contract

The DRAFT Contract for RFP 2024001 (language below) is very restrictive to the Contractor and may create insurability issues with our carrier. The indemnity clause in RFP 2021010 Professional Services for Waste Management/Waste Cleanup Programs, which is also listed below, is less restrictive to the Contractor, and our insurance carrier was acceptable to this language.

1. Is it possible to change the Indemnification language in RFP 2024001 with the indemnification language from RFP 2021010?

2. If not, what is the rationale for two very different indemnity language clauses in similar scope RFPs with the FDEP?

RFP 2024001: 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, Addendum No. 1 Page 5 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer.

Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s products or a Customer’s operation or use of Contractor’s products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor’s opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties.

The Contractor’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense.

The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor’s prior written consent, which shall not be unreasonably withheld.

RFP 2021010: 17. Indemnification.

Contractor agrees to indemnify and hold harmless the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, and their officers, agents, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct by the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. This paragraph supersedes Paragraph 19 of Exhibit A.

PURSUANT TO §558.0035, F.S., AN INDIVIDUAL EMPLOYEE OR

AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE

IF THE CONTRACTOR MAINTAINS THE PROFESSIONAL LIABILITY

Addendum No. 1 Page 6 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

INSURANCE REQUIRED UNDER THIS AGREEMENT AND ANY

DAMAGES ARE SOLELY ECONOMIC IN NATURE AND THE DAMAGES

DO NOT EXTEND TO PERSONAL

INJURIES OR PROPERTY NOT SUBJECT TO THIS AGREEMENT. THIS

PROVISION APPLIES TO ARCHITECTS, INTERIOR DESIGNERS,

LANDSCAPE ARCHITECTS, ENGINEERS, SURVEYORS AND

GEOLOGISTS, LICENSED IN THE STATE OF FLORIDA

Section 19, “Indemnification,” of Exhibit A, the PUR 1000 is superseded by Section 16, “Indemnification” of the Draft Contract, Attachment 1.

22.

3.3 14

Please clarify if separate, stand-alone response packages (one for each region) should be submitted or if one Volume I-Business Response, one Volume II-Technical Response, and up to three Volume III-Price Sheets should be submitted in one stand-alone response package. (i.e., if we are responding to all three regions, do we submit three separate packages or just one package with three rate sheets?)

Only one submittal is required that includes rates for each region for which you are responding.

23.

3.3 14

Please clarify if the original hard copies of the Response volumes should be separately spiral bound, in a 3-ring binder with separate volume tabs for each volume, binder clipped as separate volumes, or supplied loose. (i.e., confirm how you would like the volumes separated- separated by tabs or bound/clipped separately) Either a 3-ring binder with separate volume tabs or spiral bound per volume is preferred for the original hard copies, but it is up to the Respondent as long as the response is divided into volumes as stated within RFP Section 3.4.

24.

3.4.1.2 15

Please clarify if the two Department references for current contracts can be the Respondent’s current FDEP Contract Manager, a FDEP Site Manager, or Local Program Site Manager.

No. Addendum No. 1 Revised RFP 2024001 has been updated.

25.

3.4.1.2 15

Please clarify if the Respondent can contact the Department references for current contracts to confirm they are willing to provide a reference and confirm their availability for the limited number of contact attempts.

See answer to question number 24.

26.

3.4.2.4 16

Please clarify if example calibration logs, field forms, and maintenance logs requested need to be filled out examples or if the intent is to only provide blank logs and forms.

See answer to question number 17.

Addendum No. 1 Page 7 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

27.

4.7.2, 11-15. 51

Please clarify the volume of disposal that should be included in Pay Item 11-15. since the volume for disposal can vary significantly based on the site and for each round trip.

See answer to question number 8.

28.

If a current ATC (such as ECS) holding all three geographic contracts is re-awarded all three geographic contracts, does that ATC remain the assigned contractor for all of the Petroleum Program sites that they were previously assigned and where they were previously or currently conducting Purchase Order tasks and work? (Or will all funded sites be re-assigned under the new contracts?)

Work Assignment will be in accordance with Chapter 62-772. F.A.C.

Please see 50.b. Work Assignment in Attachment- 1 Draft Contract for RFP 2024001. If a current ATC is awarded a contract under this solicitation for the same region, the Department will generally continue work with that ATC subject to performance, quoting requirements, and an Owner/RPs right to reject or recommend a contractor in accordance with Chapter 62-772, F.A.C., etc.

However, pursuant to Chapter 287 and section 376.3071, F.S., and Chapter 62-772, F.A.C., the Department may assign work funded by the IPTF in any of the ways and options as provided in those references in addition to using the Work Assignment Process.

29.

The RFP states in Section 6.1 that the FDEP “intends to award no more than 30 contracts per region”. Currently, at least two of the regions hold more than 30 contracts. Is the FDEP desiring to reduce the number of contracted ATCs from current numbers?

See answer to question number 12.

30.

On the fixed rate Price Sheet, proposers are required to list their proposed rates annually, ten years out. Are these rates final over the two, five-year contracts? (Currently ATCs can request rate increases on any and all line items, annually in February, not to exceed the stated FDEP ceiling percent).

Yes, the rates are final for the length of the contract issued under this solicitation including any renewals.

31.

NA NA

How will new sites be awarded to contractors under the new contract? Under the current ATC contract, work is assigned via the RCI formula. Two elements of the formula (CPE score and Clousure rank) won't be available for any new contractors.

All components used are specific to the contract under which the work was performed. For all new contracts the original components under the contractor selection formula (CSF) will consist of the contractor rate schedule rank (including section 20 rates) and the request for proposal (RFP) rank. The formula will be updated to incorporate contractor performance evaluation rank and closure percentage rank as this data becomes available for all

Addendum No. 1 Page 8 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer awarded contracts. For additional information please see:

https://floridadep.gov/waste/petroleum-restoration/content/atc-work-assignment-and-contractor-selection

32.

NA NA

Are current ATC contractors who are awarded this new contract going to keep the sites they are currently working on?

See answer to question number 28.

33.

3.4.2 15

Is the respondent required to provide a list of subcontractors? If so, are the subcontractors required to provide a letter of commitment?

A letter of commitment is not required but Addendum No. 1 Revised RFP 2024001 has been updated with Tab E in order to provide a list of subcontractors.

34.

3.4.1.2 15

This section states "Respondents shall use the Department for one or two of the references if they have a current contract with the Department for petroleum response services". Are current ATC required to utilize the Department for one or two references?

If the Respondent holds a current petroleum response services contract with the Department, the Respondents shall use the Department for one of the references for each contract it currently holds with the Department for petroleum response services.

Addendum No. 1 Revised RFP 2024001 has been updated.

35.

3.4.1.2 15

Can we contact PRP case managers to notify them that they will be used as a reference?

See answer to question number 24.

36.

4.3.12 28

Please clarify 24 hr workday as it relates to other line items (i.e workdays are supposed to be 10 hrs/day).

For clarification items listed as per day would not be allowed to bill for more than one unit within a 24-hour period.

37.

3-4 & 3-5 35

Please clarify when to use DPT vs Drill rig mob. For example, if DPT rig is used to install wells.

The drill rig mobilization pay item is utilized when auger work or auger work in conjunction with DPT work is being performed. The DPT mobilization pay item should be used when only DPT work is being performed.

38.

14-8 56

Will FDEP give consideration to eliminating ATCs having to obtain reimbursement subcontract bids for utility connection (pay item 14.8)? It is reasoned RAC would proceed more expediently if this cost could be included in the system installation/integration/startup pay items.

No, Pay Item 14.8 is a reimbursable item under this solicitation and will follow the quoting process.

https://floridadep.gov/waste/petroleum-restoration/content/atc-work-assignment-and-contractor-selection https://floridadep.gov/waste/petroleum-restoration/content/atc-work-assignment-and-contractor-selection

Addendum No. 1 Page 9 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

39. Attachment 1 (draft contract) sec.

18-19

What will happen to projects that are already assigned to ATCs?

Will they continue to keep those projects if the ATC is acceptable respondent for the new contract?

See answer to question number 28.

40. Attachment 1 (draft contract) sec.

18-19

If an ATC is currently a Joint Venture but has decided to forgo remaining as a Joint Venture, what will happen to projects that are currently assigned to that JV?

See answer to question number 28.

41.

2.2 12 of 85

Will the FDEP award contracts to Service Disabled Veteran ATCs?

The award will be handled in accordance with RFP Section 6. Also, please reference RFP Section 2.20.

42.

3.4.1.2 15

If the respondent is a joint venture that has a current ATC contract and is applying as the joint venture, can the respondent use references for whom they did work not as the joint venture, but as the individual members of the joint venture?

Yes, however, the principal venturer (primary contractor) shall be the only vendor that submits a response to the solicitation which will include any information needed from their joint venture (i.e., client references). The principal venturer must also submit one Business Response Form (Form A) per venturer as required within the Solicitation.

43.

3.4.1.2. 15

If a joint venture has a current ATC contract and the individual members of the joint venture decide to apply as individual respondents, and not as a JV, can the individual respondents still use the Department as a reference?

See answer to question number 42.

44.

Attachment 1 (draft contract) sec.

18-19

If a contractor has a current ATC contract as a member of a joint venture and decides to respond as an individual company instead of as a JV, and is awarded a contract as the individual company, will the individual company be able to keep any of the sites it had as a JV?

If the legal entity responding is not the same entity holding a current ATC contract the answer is no.

45.

18 72

For reports, the RFP says “unless otherwise specified, the following pay items include . . . “d. Oversight and, if applicable, sign and seal by a Florida Registered PG (or PE where allowed . . . “. However, the next paragraph says the pay items “do not include: a. Costs or Professional Geologist or Professional Engineer, review, evaluation, and certification (signature or seal) of plan or report, where required.” This seems contradictory; can you please clarify.

Section 18.D has been corrected to exclude professional engineering and professional geologist services. Addendum No. 1 Revised RFP 2024001 has been updated.

Addendum No. 1 Page 10 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

46.

6.1 84

Is there a possibility that more than thirty contracts will be awarded to keep the flow of work going.

See answer to question number 12.

47.

Form C 114

For references that utilize the Department, is the respondent supposed to select a specific FDEP employee as the contact? For example, a site manager? Can the reference be from an FDEP contractor (e.g., DERM or Northstar)? Does an FDEP contractor (e.g., DERM or Northstar) constitute one of the two Department references?

See answer to question number 24. A reference for a DEP contactor does not count as a Department reference. Addendum No. 1 Revised RFP 2024001 has been updated.

48.

3.4.2.3 16

Is the respondent supposed to include frequently used subcontractors such as drillers and laboratories as part of its team?

Yes.

49.

4.3.6.1.2 26 of 85

Does the FDEP require concrete to be crack free for 5 years?

Work performed under the solicitation must meet the warranty and call back period included in the solicitation. Addendum No. 1 Revised RFP 2024001 has been updated

50.

4.3.8 B. 27 of 85

$2,500 is too low for three bidding and has led to many delays in obtaining construction work orders. Has there been any consideration to using the limits for Cat 1 as described in the Florida Statutes?

The $2,500.00 threshold aligns with Ch. 60A-1.002, F.A.C.

51.

4.3.18 28 of 85

Is there a time limit for repairing subsidence, cracking of concrete or pavement?

See answer to question number 49.

52.

4.7.2, 3-5 35 of 85

Lumping sonic in with hollow stem and mud rotary drilling is not comparative. To provide better value to the state could you add an additional line item?

The Department is not adding additional drilling pay items.

53.

4.7.2, 5-6 38 of 85

Could we add a 4-inch surface casing? This would allow the use of 4 inch by 1.5 or 1-inch deep wells saving considerable funds The Department is not adding additional well type pay items.

54.

4.7.2, 5-17 39 of 85

What diameter and length of prepack screen is being requested.

Common options are 1, 1.5 and 2-inch The rate should cover all diameter prepacked screens that may be needed to perform work under this solicitation.

55.

3.4.2.4, a 16

What tasks are being referred to?

All tasks associated with groundwater, soil and system sampling for site assessment and site remediation activities.

Addendum No. 1 Page 11 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

56.

3.4.2.4, a 16

It asks for each Sampling Team member’s expererience and examples of how the assigned tasks will be performed. What tasks? Or should it list what the team member will complete and how?

Yes, the plan must specify how sampling tasks will be performed.

See answer to question number 55.

57.

3.4.2.4, a-b 16

Are we supposed to list the experience and training of each individual member, what tasks that individual member will do, and how that individual member will perform those tasks? Alternately, can we list the experience, training and tasks of each member but then explain how the task will be performed without repeating for each member?

Yes, listing the experience, training, and tasks of each member but then explain how the task will be performed without repeating for each member is acceptable.

58.

3.4.2.4, c 16

Are we supposed to provide examples of completed calibration logs and field forms?

See answer to question number 17.

59.

Given the generous legislative appropriation and the current FDEP spending rates with existing staff (FDEP and LP), does the Department believe that having only 30 ATC contracts in each region, a significant reduction from the current number of ATCs, will be sufficient to effectively spend current and future appropriations, and close sites? Please Advise.

See answer to question number 12.

60.

Would you allow current PRP Contract Holders to include more than two (2) References - Up to ALL 5, who are directly related to FDEP PRP Projects in their proposal responses? If such experience exist, wouldn't it be more appropriate to demonstrate their experience within the PRP and with this particular contract? Please Advise.

Addendum No. 1 Revised RFP 2024001 has been updated. See answer to question number 34.

61.

Does the Department intend to keep sites with the existing ATCs if they are selected for a new contract, thereby avoiding the disruptions to the program in terms of time and cost, both to the regulatory community, the stakeholders and the industry?

See answer to question number 28.

62.

How will Advanced Cleanup and PBC contracts be affected if they span for multiple years after the new contracts are issued?

Advanced Cleanup and Performance Based Cleanup (PBC) issued under contracts awarded through this solicitation will proceed in accordance with the timeframes and language in the agreements and contracts under which they were issued.

Addendum No. 1 Page 12 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

Existing performance based cleanup and advanced cleanup purchase orders issued will follow the agency term contract language “…shall continue in effect up to twelve months after expiration of the renewal term for completion of any Purchase Order or Task Assignment issued/executed during the renewal term.”

See answer to question number 28.

63.

Description of Labor Categories

NA

Two (2) Professional Geologist Labor Categories are provided.

Which one should be used?

Addendum No. 1 Revised Attachment 3 Scope of Work Appendix has been updated to remove the duplicate labor category.

64.

3.1 13

Will the existing registrations with MFMP be applicable to the new contract?

There is no need to register again as long as the Contractor’s current registration is up to date and remains active.

If you have questions regarding the MFMP registration process and/or updating an existing MFMP registration, please contact the MFMP Vendor Help Desk at VendorHelp@myfloridamarketplace.com or call 866.352.3776.

65.

3.4.1.1 15

Should the Technical Support Services/Forensics and/or Hazardous Waste contract(s) be listed in Tab A: Executive Summary as contracts with the Department?

Yes.

66.

3.4.1.2 15

If the Department is being used as a reference, should the period include all applicable purchase orders for the site?

No. See updated Addendum No. 1 Revised RFP 2024001 for additional information.

67.

3.4.2.3 16

Is there a minimum or maximum number of key personnel resumes that can be included per labor category?

No.

68.

3.4.2.4 16

Will you please provide further clarification to the request for examples of how the assigned tasks will be performed?

See answer to question number 55.

69.

4.3.5 25

Will scanned wet seals still be accepted?

Seals must adhere to the appropriate professional board’s requirements.

70.

4.6 31

Please clarify how the Department will determine how much retainage will be held in a typical task order.

The Department reserves the right to establish the amount and application of retainage on a Work Assignment basis to a maximum of 25%.

mailto:VendorHelp@myfloridamarketplace.com

Addendum No. 1 Page 13 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

71.

3 34

Will additional mobilizations be allowed for long term projects greater than 7 days?

Mobilization is limited to once per field event, with the exception of projects lasting two or more weeks, for which mobilizations may be allowed for work crews (pay items 3-1, 3-2 and 3-3) not more frequently than once per week (7 days). Mobilization pay items for equipment (excluding pay items 3-4 and 3-5) are for the duration of the field event.

72.

8 41

Many laboratories are including fees for sample disposal and/or hold samples not analyzed. How will this be addressed?

Respondents should provide a competitive price based on their experience in variations with their subcontractors.

73.

8.B. 43

Pay Item 8-27 references Table C. Please clarify if this should be Table D.

Addendum No. 1 Revised RFP 2024001 has been updated.

74.

11 50

Do the waste disposal line items (i.e. 11-6. And 11-13.) include the mobilization of the subcontractor?

Yes, line items 11-6 & 11-13 include mobilization/transportation of subcontractor personnel to and from the site. This does not include the mobilization of the contractor’s personnel.

75.

14.B 56

Will you please confirm that line item 14-8. Utility Connection includes electrical connections from the pole to the treatment system?

Pay item 14-8 includes all costs related to making electrical connections from the pole to the treatment system.

76.

15.B 58

Please clarify the minimum blower size for an air sparging system.

See answer to question number 15.

77.

16 62 Note 6

Is the subcontractor mobilization and labor included in the “mobilization and labor for carbon change-out”?

No, subcontractor costs for the carbon change outs are included in the reimbursable pay item. Addendum RFP has been updated.

78.

16 64

Please clarify what is covered under I in the not included section.

Chemicals and/or replacement carbon for pretreatment or vapor treatment are not included and should use the reimbursable pay items.

79.

17 64 Note 2

Is the subcontractor mobilization and labor included in the “mobilization and labor for carbon change-out”?

See answer to question number 77.

80. 18 71 Please confirm copies of historical data are sufficient when electronic files are not available for historical assessment.

Addendum No. 1 Page 14 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

Tables, figures, and maps are required. Map and table generation will be allowed once per site per contractor. Addendum No. 1 Revised RFP 2024001 has been updated.

81.

18 72

Please clarify the difference between d in the included section and a in the not included section for sign and seal of PE or PG.

See answer to question number 45.

82.

18 72-73

Please clarify if the 18-4 SSAR can also be used for reporting LSSI work or if 18-2 should be used Pay item 18-2 is used for LSSI reporting.

83.

18 74

What constitutes a limited area of contamination versus a moderate to large area o contamination?

A limited area is defined as contained on the source property and is less than a quarter acre.

A moderate to large area is defined as extending off the source property and/or greater than a quarter acre.

In addition, see answer to question number 6. The Addendum has been updated.

84.

18 74

What constitutes the difference between an “evaluation of remedial alternatives” and a “thorough evaluation of remedial alternatives”?

There is no difference both require a thorough evaluation of remedial alternatives. The addendum RFP has been updated.

85.

18 74

Historically a comparison of alternative remedial options was the difference between a Level 1 and Level 2 RAP. Please explain the inclusion of this into a Level 1 RAP.

Level 1 and Level 2 RAPs require an evaluation of remedial options and a cost analysis. The addendum RFP has been updated. See answer to question number 83.

86.

18 74-75

Please confirm a cost effectiveness demonstration of remedial options is necessary for Level 1, 2, 3, and 4 LSRAP and RAP Modifications.

18-11 through 18-16 report must include a cost-effectiveness demonstration by comparison of alternatives of remedial options to reach the desired cleanup endpoint.

87.

18 75

Please clarify what constitutes geotechnical design elements.

Geotechnical design constitutes anything required for excavation and/or structure stability, such as shoring, supports, structural engineering evaluations, etc.

88.

20 79

Please clarify what is meant by “rates in Section 20 will not be considered for award”.

See answer to question number 11.

Addendum No. 1 Page 15 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

89.

20 80

Should there be a line item for LSSI sign and seal?

Addendum No. 1 Revised RFP 2024001 has been updated in addition to the price sheet.

90.

20 80

Please explain the omission of line item 20-14 See answer to question number 89.

91.

Form C 1

Should Form C be complete for an individual project or all projects completed for that client?

Individual project.

92.

Foreign State Preference

Opinion Form B

Section 287.084 of the Florida Statutes appears to apply only to the purchase of personal property. What is FDEPs position on the applicability of section 287.084 of the Florida Statutes to this RFP, which seeks to purchase Services?

As stated within RFP Section 3.4.1.2, If the Respondent's principal place of business is outside of the State of Florida, Form B, Foreign State Preference Opinion Form is required and applicable to this solicitation.

93.

Foreign State

Preference Opinion Form

B

Does this project require FDEP to purchase “personal property” as that term is used in section 287.084 of the Florida Statutes? If no, are bidders still required to complete the State of Florida Department of Environmental Protection Foreign State Preference Opinion Form?

See answer to question number 92.

94.

Foreign State Preference

Opinion Form B

What is the definition of “principle place of business” as used on the State of Florida Department of Environmental Protection Foreign State Preference Opinion Form?

Principal place of business is defined at the bottom of Form A, Business Response Form as the address at which the Respondent’s high-level officers direct, control, and coordinate the Respondent’s activities.

95.

3.4.1.2 15

Are the maximum number of Client Reference Forms allowed for ATC Program Work (past 9 years) only 2?

See answer to question number 34.

96.

3.4.1.2 15

Does the reference to “Department” include contracted Site Managers (e.g., local government personnel)?

See answer to question number 24.

97.

3.4.1.2 15

Can the Department or Department contracted personnel be Client References for the purpose of this RFP, for non-contracted petroleum cleanup work that was funded by the Inland Protection Trust Fund?

No. Task assignments, purchase orders and work orders are considered contracts. See answer to question number 24.

Addendum No. 1 Page 16 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

98.

Are there page limits for Volume II Tabs A,B,C, or D?

No.

99.

What is the minimum number of contracts that will be awarded?

The RFP states that no more than 30 contracts will be awarded.

As stated within RFP Section 6, the Department intends to award no more than thirty contracts to the highest ranked responsible, responsive Respondents in each region.

100.

Attachment 3 Pg 10 and 11

Why is the Labor Category Professional Geologist (Key) listed twice on the Descriptions of DEP Labor Categories and Qualifications Table?

See answer to question number 63.

101.

3.4.2.4 e) 16

Respondents are requested to provide sample equipment maintenance procedures and examples of maintenance logs. What are respondents to provide if field equipment is rented?

Rented equipment should include calibration documentation and documentation of maintenance procedures.

102.

3.4.2.4 c) 16

Respondents are requested to provide examples of calibration logs and field forms. Does this mean that previously completed forms and logs should be provided or the templates and forms that will be used on the new contract.

See answer to question number 17.

103.

3.4.2.3 a) 16

Is there a standard format for resumes or curriculum vitae that will be provided for the key personnel?

No.

104.

3.4.2.4 c) 16

Respondents are requested to provide examples of calibration logs and field forms. How are examples of electronic field forms to be provided.

See answer to question number 17.

105.

What will be the status of current Purchase Orders and Site assignments for existing ATC once new contracts are awarded?

How will work on specific Sites continue after new contracts are awarded?

See answer to question number 28.

106.

How many Responses are required if a Respondent is seeking to perform services in all three regions?

See answer to question number 22.

107.

4-6 31

What will be the criteria for the selection of the retainage percentage?

See answer to question number 70.

Addendum No. 1 Page 17 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

108.

After the first year will ATC be able to renegotiate the line items costs? Or will the rates included in Form D for years 2 through 10 be the maximum allowable rates?

See answer to question number 30.

109.

Is the Standardized Quote Form going away?

No.

110.

Line items 8-79, 8-80, and 8-81 units are % surcharge. How should ATC calculate cost for this item The rate is the percentage (%) surcharge (% surcharge is calculated using the item price, where: $1.00 = 100%, $0.75 = 75%, etc.). This will be payable per sample per % surcharge utilizing the dollars as the number of units.

111.

Why are Line items 9-1.b, c, d and 9-2.b, c, d the same and have the same units?

The line items vary based on the duration of the rental. i.e., daily, weekly, or monthly rentals. The price sheet has been updated to reflect the correct units.

112.

63.a.ii 29 of 59

What is the definition of “business relationship” in regards to a contractor holding an Administrative Services or PRP staff augmentation contract? If a previous relationship exists outside of the PRP contract or the State of Florida, is this a conflict?

Business relationships are connections between parties in the process of doing business regardless of State. Respondents being awarded under this solicitation cannot currently have and shall not acquire a business relationship with entity holding an Administrative Services or staff augmentation contract with the

PRP.

113.

63.a.iii 30 of 59

If two existing ATCs from separate regions enter into a joint venture, are each firm’s existing site load capable of being carried forward to the new contract, or are the sites considered being with a “different” firm?

See answer to question number 28.

114.

Price Sheet Pay Item 3-1 through 3-10

For each of these 10 pay items the end of the description notes “each way.” However, the Unit for each of the pay item's notes “per round trip.” Should “each way” be removed from each noted pay item description? If not, please clarify.

Mobilizations are on a round trip basis. Addendum No. 1 Revised Form D - Price Sheet and associated documents have been updated.

115.

Price Sheet Pay Item 9-1c:

Should the Unit be Per Sq. Foot/ Week?

Yes, Addendum No. 1 Revised Form D - Price Sheet and associated documents have been updated.

Addendum No. 1 Page 18 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

116.

Price Sheet Pay Item 9-1d:

Should the Unit be Per Sq. Foot/Month?

See answer to question number 115.

117.

Price Sheet Pay Item 9-2c:

Should the Unit be Per Sq. Foot/ Week?

See answer to question number 115.

118. Price Sheet Pay Item 9-2d:

Should the Unit be Per Sq. Foot/Month?

See answer to question number 115.

119.

3.4.2 15

Please confirm there is no page count requirement for the Volume II, Technical Response.

See answer to question number 98.

120.

3.4.2.4 16

Confirming that the Department is requesting a Quality Assurance Plan as per DEP QA Rule, Chapter 62-160, F.A.C. that covers all the Scope(s) of Work as outlined in this RFP and presents the items described in a through e as presented in 3.4.2.4.

Yes.

121.

3.4.2.4 16

Can reference to the Quality Plans and Quality Manuals for DEP Organizational Units and Programs included at FDEP’s website, including the Petroleum Restoration Program standardize field sampling procedures and equipment logs, be referenced in lieu of preparing a stand alone plan to address this section of the Qualification and Experience section?

No, a standalone plan must be submitted pursuant to the requirements of the solicitation.

122.

3.4.2.3 16

Do copies of licenses, for example Professional Engineering Licenses, need to be included in the proposal?

Yes.

123.

3.4.3 16

Can one proposal document be submitted for all three regions including all three regions’ pricing?

See answer to question number 22.

124.

3.4.1.2 15

The RFP states “Respondents shall use the Department for one or two of the references if they have a current contract with the Department for petroleum response services.” How should the Department be listed on the form? Does a Department program need to be listed? Does a specific Department site manager need to be listed? Can a Department-contracted local program site manager be listed as a reference?

See answer to question number 24.

125.

6.1 84

Basis of Award notes the Department intends to award no more than 30 contracts in each region, and later notes the Department reserves the right to accept or reject any or all offers. It is noted the prior solicitation for these services awarded contracts to all submittals which met the minimum qualifications. Does FDEP

Addendum No. 1 Page 19 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer intend to have a similar outcome for this RFQ or will the limit of 30 awards per region be met?

See answer to Question Number 12. Addendum No. 1 Revised RFP 2024001 has been updated.

126.

11.6 thru

11.14 51

Is the FDEP accepting liability for the signing of all waste manifests for the liquid and solid waste streams that will be generated under scopes of work authorized under this contract? Would the manifests be signed “As Agent of FDEP” by the term contractor?

Please see paragraph 42. of the Terms and Conditions for Competitively Procured Contracts. Contractor shall not be regarded or required to be a generator, transporter, treater, storer or disposer of hazardous waste (as defined by section 403.703, F.S.), non-hazardous waste or materials, or other substances, that are present on or excavated from an assigned site pursuant to this Contract, unless specifically tasked to do so under a Work Assignment or unless Contractor undertakes directly to transport, treat, store or dispose (as defined by section 403.703, F.S. and rules of Department) of hazardous waste, non-hazardous waste or materials, or other substances generated from an assigned site.

127.

RFP 2024001,

Attachment 1

– Draft Contract, Form D –

Price Sheet

Throughout RFP 2024001

Omitted in Attachment 1 and

Form D.

Will the Department confirm that per diem is no longer a reimbursement pay item similar to the existing contract, and shall be included in the unit rates of all pay items?

If this is indeed the case, can the Department confirm that “in cases involving Contractor travel for specific meetings or legal proceedings required by Department, hotel and subsistence (meals) may be paid in accordance with Section 112.061, F.S., rather than per diem,” similar to the previous contract?

See answer to question number 9.

128. Attachment 1

– Draft

Contract

Attachment 1 – Draft Contract Page 25 of 27, Category

#62

62. Change Orders – The link provided () is broken and indicates the “Page Cannot be Found” on the Department’s website. Can the Department provide an updated link or guidance?

The link has been updated. See Addendum No. 1 Revised Contract Terms and Conditions.

129.

Attachment 1

– Draft

Contract

Attachment 1 – Draft Contract Page 18 of 27, Category

#50 Page 25 of 27, Category #62

Relating to Work Assignment and Task Assignment Change Order Form (“TACO”).

The Department makes no reference of executing change orders “after the fact.” The ability to execute change orders after a field event has been completed or due to administrative errors, even though the Task or overall purchase order is still open, has been a hindrance during the existing contract. Will the department allow for change orders to occur regardless of when the work was completed as long as the task and/or purchase order remains

Addendum No. 1 Page 20 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer current/open? Ie. for disposal, as quantities are unknown until the waste is transported and weighed?

All work must be authorized and approved prior to completion.

130.

RFP 2024001,

4.7.2

Activities

6. Well

Abandonment

Can the department confirm that both pay items for footage and removal of well vault and/or well pads and manholes will be provided for well abandonment scope of work activities?

The current interpretation during the existing contract that well abandonment footage also includes the removal well pad or vault appears to be in error and a misinterpretation as the footage and removal of well pads and manholes should both be included in abandonment SOWs.

Under the new solicitation pay item 6-7 will be included on a per well basis in addition to pay items 6-1 through 6-4.

131. RFP 2024001,

4.6 Financial

Consequence s

Can the Department provide the retainage percentage it plans on establishing once the contract has been commenced?

See answer to question number 70.

132.

Attachment 1

– Draft

Contract

Attachment 1, Draft Contract Page 5 of

The following link:

https://www.myfloridacfo.com/Division/AA/Manuals/documents/ ReferenceGuideforStateExpenditures.pdf, appears broken. Can the department provide a working link to the appropriate file?

This has been updated. See Addendum No. 1 Revised Contract Terms and Conditions.

133. RFP 2024001,

4.3

Contractor Responsibiliti es

4.3.3 Performance

Measure

Will the ATC have the right to protest contractor performance evaluations if they do not appear to appropriately reflect the work and quality provided?

A contractor may submit documentation to support updating a performance evaluation to a respective site managers supervisor within 30 days of issuance of a CPE.

134.

Do we need to fill out the sub request forms for our anticipated subcontractors to be included in this response or will they be provided to DEP after award?

Sub-contractors should be included as a member of the team in addition to submitting the subcontractor request form for each sub-contractor. ATC Subcontractor Request Form | Florida Department of Environmental Protection

135.

Can we use DEP as client references for more than two references?

Page 15 section 3.4.1.2 did not specifically limit using DEP for more than 2 references?

See answer for question number 24.

136. - - Do you want filled-out examples of the calibration and field forms referenced on page 16 section 3.4.2.4?

https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf https://floridadep.gov/waste/petroleum-restoration/documents/atc-subcontractor-request-form https://floridadep.gov/waste/petroleum-restoration/documents/atc-subcontractor-request-form

Addendum No. 1 Page 21 of 39

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

See answer to question number 17.

137.

Are ATC’s still allowed to provide services to each other?

No, not within the same region of service.

138.

Can we use an actively involved property owner as reference for a preapproval job? For example, they were onsite operating the facility, observed the day to day activities and had input into the activities performed?

No. Work performed under pre-approval was performed under contract with the…