Addendum No. 2 - Q&A and Modifications.pdf

DEP Solicitation No. 2024019 Addendum No. 2 Page 1 of 65

ADDENDUM No. 2

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DEP Procurement Section

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

August 14, 2024

Addendum To: DEP Solicitation No. 2024019, entitled “Re-Advertisement for 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. 3.4 |

3.4.1.2 Pages 19 & 20

Would the Department allow a firm to utilize projects currently in progress that are following Chapter 62.780.3+680?

The CRF must list a project which completed closure within the last 10 years either through achieving an endpoint per Chapter 62-780.680, F.A.C. or receiving a Low-Scored Site Initiative No Further Action per Section 376.3071(12), Florida Statutes. Attachment 2 has been amended, in addition to the Solicitation.

2. 3.4 |

3.4.1.2 Pages 19 & 20

Would the Department allow a firm to submit projects outside of Florida that have received regulatory closure per EPA or other State Regulations?

No. The response will be deemed Non-Responsive if the Client Reference Form list a project which was not completed to a closure endpoint per Chapter 62-780.680, F.A.C. within the last 10 years.

3. 3.4.1.2 20 When completing multiple CRFs for each ATC, can the DEP be listed as the “client” on 3 separate Form C’s? The text in this section says three separate and verifiable “projects” for PRP Services. In addition, the ITN states multiple CRFs may be submitted for each Agency Term Contract..., and at least one CRF must be submitted for each ATC the Respondent currently holds. But, Form C states, one per “client” reference, three (3) in total, which is it?

Exactly three CRFs should be submitted. For Department references, if you have a current Agency Term Contract you are required to submit a CRF for each contract. If you have an Agency Term Contract in only one region, you are required to submit at least one CRF for this contract. But you may also submit additional CRFs for this contract. If you have three

Addendum No. 2 Page 2 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer contracts (GC### in North, Central, South Regions), you are required to submit a CRF for each of the 3 contracts.

If a Respondent is listing the Department as a client, then per Section 3.4.1.2. Page 20 of the Solicitation for Department references the Respondent shall include only the Contract Number and the Department nine (9) digit Facility Identification Number. Department Site Managers, Local Program Site Managers, and Responsible Parties should not be listed for Department references.

4. Form C 128 Can the respondents list the DEP as the client reference on three separate forms, one per project?

See response to question 3.

5. 3.4.2.2 21 If a non-ATC subcontractor (see below) is listed as key personnel on a respondent’s submittal, can this person and/or their company still perform work as a subcontractor for other ATCs?

This is what’s below in the email sent:

Draft Contract For ITN 2024019 Page 5, Attachment 1. Section 2. Subpart d. States the following:

“No vendor will be approved as a subcontractor who is also a contractor with an Agency Term Contract for Petroleum Response Action Services, a Division Administrative Services Contract, or PRP staff augmentation services contract for site management.”

Please confirm that is means an ATC cannot perform work as a subcontractor for another ATC.

No, key personnel cannot work under multiple Agency Term Contracts regardless of whether they are an employee of the company or a subcontractor. See Section 3.4.2.2 of the Solicitation. Key personnel, including subcontracted key personnel, cannot be included in multiple respondent’s submittals for this solicitation.

Correct. An ATC cannot perform work as a subcontractor for another ATC. See Nonassignability and Subcontracting Section 46.a.i in the Draft Contract.

6. 3.4.2.2 21 Can a subcontractor be listed under different key personnel positions on multiple respondent submittals? As example, John Smith is listed as a PG on ABC Company submittal and John Smith is listed as Field Tech on XYZ Company submittal.

See response to question 5.

7. 3.4.2.2 21 As written, Key personnel, including subcontracted key personnel, cannot be included on multiple respondent’s submittal for this solicitation. Can an individual serve as in a

Addendum No. 2 Page 3 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer key personnel capacity on one submittal for this solicitation and in a non-key capacity on separate submittals for this solicitation? Finally, can non-key personnel serve on more than one submittal for this solicitation?

No, an individual cannot be listed on multiple respondents’ submittals.

Non-key personnel should not be listed in the Reply.

8. 3.4.2.3 a) 21 As written, the resume or curriculum vitae for the proposed project manager and principal point of contact must be provided. Are we to assume that these correspond to the “Key Personnel” categories of Project/Site Manager and Program/Contract Manager, respectively? Are resumes/curriculum vitae not required for all Key Personnel?

Contract descriptions of key personnel are described in Section C of Attachment 3 Scope of Work Appendix.

Resumes are only required for the Project manager and principal point of contact.

9. - -

Laboratories have begun charging for the disposal of contingent samples collected and not analyzed. Since the contingent samples are collected in the field as a cost savings measure to the state to avoid re-mobilizing, does the cost of disposing these samples warrant an additional pay item?

No. An additional pay item will not be added for contingent samples. Respondents should provide competitive rates for sample collection based on their experience.

10. 4.7 75 Which pay item is applicable to planning source removals of 200 cubic yards or less?

A Remedial Action Plan is always required for an interim source removal but at the Department’s sole discretion a Level 1 Limited Scope RAP may be scoped.

11. 4.3.8 34 4.3.8 C. states utilities will be paid as a reimbursable line item. Will ATCs be responsible for paying utility bills? Previously utility bills were direct billed to the Department.

Yes. Utility bills will be paid as a reimbursable pay item.

12. 4.7 73 Note 2 Is the subcontractor mobilization and labor included in the “mobilization and labor for carbon change-out”? Is the disposal of the carbon still considered reimbursable?

See NOTE (6): System and O&M costs include Mobilization and Labor for carbon change-out for vapor treatment and/or groundwater treatment for the contractor.

Addendum No. 2 Page 4 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

Chemicals and/or replacement carbon for pretreatment or vapor treatment and carbon disposal will be a Reimbursable pay items.

13. 4.7 58 Do the waste disposal line items (i.e. 11-6. And 11-13.)

include the mobilization of the subcontractor?

Yes.

14. Section

3.4.1.2 Tab

B: Required

Forms

Page 20 Section 3.4.1.2 states (in the bulleted list) “The CRF’s list a project which was not completed to a closure endpoint per chapter 62-780.680, F.A.C. within the last 10 years. However, the attachment 2 past performance evaluation form question number 8 states: “Was a closure order under Risk Management Option I, II or III, as defined in Chapter 62- 780.680, Florida Administrative Code or Low-Scored Site Initiative No Further Action per Section 376.3071 (12), Florida Statutes, issued by the Florida Department of Environmental Protection for this site within the past 5 years? Can you confirm whether the site closures must be within 5 or 10 years?

See Response to question 1.

15. Section 5.4 Available

Points

Page 92 The volume II Tab E – List of Subcontractors form has 50 available points for respondents to earn. Can you provide any additional information as to how Form E will be scored and how the 50 points will be allocated?

See Section 3.4.2.5 for additional information in paragraph 3.

16. 4.6 39 The former contract included 5% retainage on purchase orders. This section mentions up to 25%. Is there an anticipated increase in the standard retainage to be withheld?

The Department reserves the right to establish the amount and application of retainage on a Work Assignment basis to a maximum of 25%. The amount to be established will be determined during work assignment process. This is the same as in the current Agency Term Contracts.

17. 6.1 93 Please clarify which pay items will be potentially subject to the negotiation phase.

Pay items negotiated are at the discretion of the appointed negotiation team.

18. Attachment

N/A Question 7 evaluates the active storage of petroleum products at a selected site. If a site with closure was selected at a petroleum storage site without performing active remediation, will the score be 10 or 0?

Zero (0).

Addendum No. 2 Page 5 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

19. Attachment

N/A Question 8 - Please confirm that a contractor that currently holds all three PRP contracts will not be allowed to use sites closed under the LSSI program.

See response to questions 1 and 3.

20. Attachment

N/A Please clarify if the site closure needs to be within last 10 years or 5 years – This contradicts section 3.4 See response to question 1.

21. 4.7 44 Mirrored soil borings are often performed following the OVA screening of the initial borings. Will the contractor be compensated for the footage of the mirrored borings?

Yes.

22. Price Sheet How were the minimum and maximum allowable rates determined by FDEP for each pay item?

For the 1st year, the minimum rate was 25% lower and the maximum rate was 25% higher than the average of the 1st year of rates submitted during the RFP Solicitation 2024001.

The price sheet has been updated to remove the minimum and maximum allowable rates. The rate sheet now allows for a 5% increase from years 2-10 of the contract.

23. Price Sheet The allowable range for Items 3-1 through 3-5 and 3-7 are for equipment and personnel (including lodging and meals) for up to 5 days of work per mobilization event. It does not appear that the allowable maximum bid amount incorporates lodging and meals (per diem) for ATC and subcontract personnel for the maximum mobilization event (one week).

Please address and revise See response to question 22. Per diem was included during the RFP Solicitation 2024001 when rates were procured.

24. 6.1 93 Does the Department have a predetermined goal of the number of ATCs to be selected or a minimum or maximum number to be selected?

No.

25. 6.1 93 If the Department has no predetermined goal, then what will the Department use as a minimum score on the ITN as a "cut-line" score for selection?

The Department will establish a competitive range of Replies reasonably susceptible of award and will select Respondents within the competitive range to commence negotiations.

26. 5.2 90 Will each of the five technical evaluators have a working knowledge and experience of/in the PRP such as understanding the Advanced Cleanup Program, Performance Based Cleanup Contracts, PCPP, etc.?

Addendum No. 2 Page 6 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

The Evaluation Team will consist of at least five (5) persons (evaluator) who collectively have experience and knowledge in the program areas and service requirements.

27. 3.5 23 ITN Section 3.5 is titled "Economy of Presentation" and provides a paragraph describing how responses should be clear and concise. Previous responses under similar RFQ's have exceeded 1,000 pages. Can FDEP further define "Economy of Presentation" and/or stipulate a page limit for Volume II subcategory responses, similar to the page limit for Volume I, Executive Summary?

The size of the content in Volume II, Technical Response is the Respondent’s decision, and a page limit will not be stipulated.

28. - - Is there any penalty for a contractor rejecting a scope offer? State-wide assignments and elimination of per diem can make certain scopes of work non-viable depending on the project location and scope of work.

See Work Assignments in the Draft Contract Section 50.e.

29. 3.4.4.2 21 Can an individual serve more than one key personnel role?

Or are there required to be 9 different individuals? Is it acceptable to identify key personnel as “TBD” with the expectation that this role would be filled prior to contract execution.

No, an individual cannot serve more than one key personnel role. Nine (9) individual key personnel are required. See Section 3.4.2.2 of the Solicitation.

30. 3.4.2.2 21 Key personnel cannot include entities contracted with the Department for staff augmentation in the Petroleum Restoration Program or Administrative Services to the DWM.

No contract will be issued with key personnel, including subcontracted key personnel, that includes entities contracted with the Department for staff augmentation in the Petroleum Restoration Program or Administrative Services to the DWM, then those submittals will be negotiated. What does negotiated mean?

See Section 6 (starting on page 93) of the solicitation further discusses the negotiation process. Section 6.7 also discusses the criteria.

In addition, Key personnel, including subcontracted key personnel, cannot be included in multiple respondent’s submittals for this solicitation. No contract will be issued with key personnel, including subcontracted key personnel, included in multiple respondent’s submittals. Those submittals will be negotiated to assure all key personnel are only in a single awarded contract.

Addendum No. 2 Page 7 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

31. 3.4.1.2 20

Please confirm that the maximum number of refernces is 3.

Also confirm that if you have three contracts with the state (Central, North, and South) those MUST be your three references Confirmed.

32. 3.4.1.2 20

Please confirm you can pick the site that the PRP regional reference would review (as long as it meets the outlined requirements).

Confirmed, the Respondent can select the Department reference. See response to question 3.

33. 3.4.2.2 21

Can the same person be assigned to two key personnel roles?

For example can your Project/Contract Manager also be your Professional Engineer.

See response to question 29.

34. 3.4.1.2 20

"The Response will be deemed Non-Responsive if:…" "A CRF is submitted for projects performed by entities other than the Respondent's company." In this Florida petroleum cleanup industry, several professionals and Key Personnel have excellent experience performing satisfactory work for the benefit of the State of Florida on petroleum cleanup sites;

however, if they recently changed employers or started a new company, then the experience of that new company may not be extensive, but that doesn't change the fact that the Key Personnel are still able to provide valuable benefit to the State by performing well on petroleum cleanup projects. Given the fact that achieving a closure endpoint (item 8 of the Past Performance Evaluation Form), often requires numerous years to complete assessment, cleanup, well abandonment and final order, any company that has only operated for 5 years or less may not have three (3) example projects that fit all the criteria. However, the Key Personnel and/or licensed professionals involved likely have previous experience, within the past ten (10) years that demonstrates the achievement of closures, for the benefit of the State. Will the FDEP accept client and project references that Key Personnel have been involved with while employed at previous companies (as long as that involvement is verifiable through OCULUS documentation)?

No. The Response will be deemed Non-Responsive if the project was performed by an entity other than the Respondent’s company, a joint venture, or acquired company.

35. Attachment

(99th page of the ITN PDF file)

Item 8 of Attachment 2 requires, "... a Closure Order under Risk Management Option I, II or III, as defined in Chapter 62- 780.680, Florida Administrative Code or Low-Scored Site Initiative No Further Action per Section 376.3071(12), Florida Statutes, issued by the Florida Department of Environmental

Addendum No. 2 Page 8 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

Protection for this site within the past 5 years? Points are awarded only for Closure Orders that the Department is able to verify in OCULUS....Zero points for this question results in being determined Non-Responsive." Some closures have been achieved and approved with a determination from the Department that "No Further Assessment" is required. Specifically, for non-Program sites, and documents may not be associated with an OCULUS file; however, the process, regulatory guidelines and Department procedures that would apply would have been used for such cases. Will the FDEP accept documentation that demonstrates a site achieved the endpoint such as No Further Assessment, which is similar to the Risk Management Options, for a non-Program site as demonstration of the completion of a project for these reference requirements. Additionally, instead of rejecting the entire Response as non-Responsive if a project/client reference does not fit this criteria, will the FDEP consider simply not awarding the allotted points for this item?

The CRF should list a project which was completed to a closure endpoint per Chapter 62-780.680, F.A.C. or Low- Scored Site Initiative No Further Action per Section 376.3071(12), Florida Statutes, and issued by the Florida Department of Environmental Protection within the last 10 years. No further Assessment is not considered a closure per Chapter 62-780.680, F.A.C.

Respondent’s submittal will be considered non-responsive if 0 points are received for question 8 on Attachment 2.

36. 2.3.3.4 12 Please provide the criteria for determining the competitive range.

See response to question number 25.

37. 2.3.3.4 12 Is the competitive range determination a highest score down to a cutoff score?

See response to question number 25.

38. 3.4.1.1 Form A

19 For bidders who are divisions of a multi-discipline organizations is the divisional address or organizational headquarters address used for FORM A The principal place of business of the Respondent submitting a response should be listed.

In accordance with Form A: “Principal place of business” means the address at which the Respondent’s high-level officers direct, control, and coordinate the Respondent’s activities

Addendum No. 2 Page 9 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

39. 3.4.1.2 20 For Client Reference forms, the ITN states, “Submit at least one CRF for each Agency Term Contract the Respondent currently has with the Department.” - Some firms may have other Agency Term Contracts with the Department, starting with initials GC or HW, which are also referred to as Agency Term Contracts, but are not the North, Central, and South regional contracts referenced in the previous advertisement. Can you please clarify that for the purpose of this ITN Agency Term Contacts refers to those associated with the North, Central, and South Regions of the Petroleum Restoration Program.

Confirmed. See response to question 3 and see section 3.4.1.2:

If you are unclear if you have a current ATC with the Department, a list of current Agency Term Contracts is available at https://floridadep.gov/waste/petroleum-restoration/content/dep-atc-contract-manager-lists.

40. 3.4.1.2 20 For Client Reference forms, the ITN states, “Multiple CRFs may be submitted for each Agency Term Contract, but no more than three (3) total CRFs can be included in the response, and at least one CRF must submitted for each Agency Term Contract the Respondent currently holds” – Please clarify this response. Should multiple be defined as “up to three (3)” Correct. For example, if you have an Agency Term Contract in only one region, you must submit at least one CRF from this Contract but can submit up to three CRFs for this contract. If you have three contracts (North, Central, South Regions), you are required to submit a CRF for each contract. The response cannot exceed a total of 3 CRFs.

41. 3.4.1.2 20 For Client Reference forms, the ITN states, “Multiple CRFs may be submitted for each Agency Term Contract, but no more than three (3) total CRFs can be included in the response, and at least one CRF must submitted for each Agency Term Contract the Respondent currently holds” – If more than 3 are submitted, how the Department select between the multiple CRF’s.

No more than three CRFs may be submitted. See section 3.4.1.2.

42. 3.4.2.2 21 Can the same employee be listed for multiple key positions? i.e. – Can the named Professional Engineer or Geologist also be listed as the Project/Contract Manager, Professional Engineer, and a Project/Site Manager? - Also, if the same team member is list in multiple Key positions will the Technical Response score be affected?

See response to question 29.

https://floridadep.gov/waste/petroleum-restoration/content/dep-atc-contract-manager-lists https://floridadep.gov/waste/petroleum-restoration/content/dep-atc-contract-manager-lists

Addendum No. 2 Page 10 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

See Section 6.7 (1. through 4.) for additional information on Evaluation of Technical Response for Key Personnel.

43. 4.2 25-27 A Subcontractor is defined as, “Subcontractor:

Subcontractor(s) intended for non-professional services (e.g., drilling, IDW transport) but which may not be retained for either the term of the Contract or over a prolonged period of the Contract.” – How are professional subcontractors defined

– i.e. those providing professional engineering and/or geology services? Is there a contract specific term for such services?

The term "primary subcontractor" refers to subcontractors offering professional services. For detailed definitions of both "primary subcontractor" and "subcontractor," please refer to Section 4.2.

44. 4.4 K 38 Confirmation of Property Ownership – How does the department intend to handle latency of the individual county property appraiser’s office updating of records. Is there any responsibility on the part of the property owner to notify the Department or ATC?

Property owners do not always inform the Department of a change in ownership, consequently Contractors must check ownership prior to going on to property. If a Contractor is aware, from any source, that ownership has changed and there is no written access agreement, work cannot proceed on that property. The Department is aware that County Property Appraiser websites may not have the latest information posted, but it is the easiest and most reliable public source of property ownership.

45. 4.7 64 14-10 – Is there compensation possible for completion of the change order related in underestimated power bills?

No.

46. 6 93 Has the Department determined a process for the Negotiation Phase when two (2) or more respondents within the competitive range have listed the same companies providing professional services, i.e. Engineering or Geology?

See response to question 30.

47. 5.2 91 Can the names of the five (5) evaluators be provided?

The names of the Evaluators are unknown at this time.

48. 3.4.2.5 22 Tab E – How are the 50 points divided/assigned?

See response to question 15.

Addendum No. 2 Page 11 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

49. 3.4.1.2

Attachment B

Question 8 of Attachment B states “. Was a Closure Order under Risk Management Option I, II or III, as defined in Chapter 62-780.680, Florida Administrative Code or Low- Scored Site Initiative No Further Action per Section 376.3071(12), Florida Statutes, issued by the Florida Department of Environmental Protection for this site within the past 5 years? Points are awarded only for Closure Orders that the Department is able to verify in OCULUS. Yes (10 points) No (0 points). Zero points for this question results in being determined Non-Responsive” – However, Section 3.4.1.2 indicates that the CRFs should, “… list a project which was not completed to a closure endpoint per Chapter 62-780.680, F.A.C. within the last 10 years. Projects closed with a Low Scored Site Initiative No Further Action, are not closures per Chapter 62-780.680, F.A.C.” Section 3.4.1.2 and the rating sheet in Appendix B appear to be in contrast. Please clarify how the CRF’s will be reviewed.

See response to question 14.

50. Attachment B

98 Question 8 of Attachment B states “. Was a Closure Order under Risk Management Option I, II or III, as defined in Chapter 62-780.680, Florida Administrative Code or Low- Scored Site Initiative No Further Action per Section 376.3071(12), Florida Statutes, issued by the Florida Department of Environmental Protection for this site within the past 5 years? Points are awarded only for Closure Orders that the Department is able to verify in OCULUS. Yes (10 points) No (0 points). Zero points for this question results in being determined Non-Responsive”

Does this mean a respondent will be considered non-responsive and eliminated from negotiations, if they have not completed at least one (1) SRCO for every Agency Term Contract even though the sites assigned under the Agency Term Contract were assigned at random and it is statically possible that the respondent was never assigned a site eligible for closure?

Yes. See response to question 1.

51. 4.7 62

Items 14-1.a, 14-1.b, &14-1.c. Are these pay items cumulative or independent? For example, if the trenching plan contains 10 feet with 21 lines, 100 feet with only 11-20 lines, and 1,000 feet with only 1-10 lines, would the appropriate units for 14-1.a. be 1,000 or 1,110 feet and for 14-1.b. be 100 or 110 feet?

Addendum No. 2 Page 12 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

For the examples above the scope would be 10 units of 14-1.c (for 21-30 Lines), 100 units of Pay Item 14-1.b (11-20 Lines) and 1,000 units of Pay Item 14-1.a (1-10 Lines). The totals are not cumulative.

52.

4.7.2 44

For items associated with the drilling tasks, HCR would recommend either adding a 4-1.e. unit for DPT Core sampling, incorporating DPT Core into the Split Spooning unit (Split Spooning/DPT Core) or including these costs as a 21 sub quote, for whenever DPT/Combo Rigs are used w/ HSA to install wells on sites where Split Spoons are not necessary but lithology and soil sampling are required. We find DPT core samples provide generally better sampling results compared to Split Spoons; a lot of the time, we do not need blow counts, we need generally lithology.

Note - Per the ITN proposal (Page 44) under Section 4.

DRILLING AND BORING:

Unless otherwise specified, the following pay items do NOT

INCLUDE:

b. Soil sampling at specified intervals for specified borings (Use appropriate technology cost Pay Item, i.e., split spoon, DPT cores or sonic cores). – no pay item for DPT Cores DPT Core Sampling is included in the DPT Rig and Equipment line item 4-3. The Solicitation has been updated.

53.

2.3.3.3 11

Form D – Pricing Sheet - What was the methodology completed by the FDEP in determining the Lower and Upper Limit rates for the Price Sheet?

See response to question 22.

54.

3.4.1.2 19

For the Client Reference Forms, do the referenced projects have to have been under the management of the specific ATC for the entire project / whole remediation timeframe, start to finish? Or could it include sites that were a reassignment to another ATC at some point in time, before and/or after the remediation timeframe?

What then is Period of Services (From and To) defined as – the project as a whole or when the specific ATC worked on?

Reference projects should have performed Petroleum Remediation Services by the Respondent’s company and completed to a closure endpoint per Chapter 62-780.680. See question 6 in the Department Evaluation Questions.

Period of Service is defined as the company’s Project Initiation Date to Project Completion Date.

Addendum No. 2 Page 13 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

55.

2.3.4.1 12

Section 2.3.4.1 in the Negotiation Phase states that the Department’s Negotiation Team will begin negotiations with the Respondent(s) who were determined to be within the competitive range and were selected to participate in negotiations. Please define “competitive range” to allow for a more objective target.

See response to question 25.

56.

3.4.1.2 20

Section 3.4.1.2 states that Client Reference Forms (CRFs) must list projects that were completed to a closure endpoint per Chapter 62-780.680, FAC within the last 10 years or they will be deemed non-responsive. This timeframe of 10 years seems to contradict interview question #8 on the CRF which states that the closure must be within the last 5 years or it will be deemed non-responsive. Which is the proper timeframe, 5 years or 10 years? Does the terminology “non-responsive” mean the Respondent will receive a 0 out of 50 points for the entire reference?

In addition, please confirm the start date to count backwards for the calculation of the 5 / 10 year timeframe for the closures.

See response to question 1.

The 10-year timeframe for closures should be based on the date the ITN Solicitation 2024019 was advertised (6/24/2024).

57.

3.4.1.2 20

Regarding Attachment 2 - Past Performance Evaluation Form How is “within budget” defined? Will necessary change orders that increased the cost of the project count against the Respondent’s score for this question?

How is “on time” defined? Will necessary change orders that increased the timelines of the project count against the Respondent’s score for this question?

Will the full 10 points be awarded if the property was storing petroleum products during a portion of the active remediation, or does the storage of petroleum products have to be for the entire duration of the active remediation?

‘Within budget’ refers to completing closure within the Petroleum Cleanup Funding CAP for the facility.

No, unless the change orders resulted in the site exceeding the CAP and having to transfer to voluntary cleanup.

‘On time’ is defined as not exceeding deliverable due dates.

Points will be awarded if the Department is able to verify in the States database that petroleum products were stored in a

Addendum No. 2 Page 14 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer registered tank and verification that active remediation was performed at the site.

58.

3.4.1.2 19

Section 3.4.1.2 Client Reference Forms (CRFs) - Please define “Contract Value” listed in the “Commodity/Service Details” section of Form C.

Contract value is defined as the total purchase orders or invoices for that contractor for the individual facility.

59.

3.5 / 5.2 23 / 90

Please define further what is meant by economy of presentation as it relates to the ITN submittal. There appears to be a disconnect between the scoring criteria in Section 5.2 as compared to 3.5.

See response to question 27.

The Department was not able to determine a discrepancy between Section 5.2 and 3.5.

60.

1.1 5

Under the previous 2024001 RFP, Section 1.1 indicated “the Department reserves the right to award to one Respondent or multiple Respondents by region.” Under the new referenced ITN, Section 1.1 indicates “the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.” There now appears to be no reference made to the current three ATC regions (North, Central, and South) in place. Is the new ITN removing regions and just looking for one statewide submittal/contract? This may greatly affect pricing to cover the whole state under one pricing schedule.

Rates should be submitted per instructions for statewide utilization of services.

61. 3.4.2.2 21 Please clarify “those submittals will be negotiated” in the second and third paragraphs. How will the Department ensure Key Personnel are not contracted with the Department for staff augmentation or represented in more than one respondent’s submittals?

See response to question 30.

62. 3.4.1.2 and

Attachment

20 & Attachment

Please clarify if “in the last 10 years “in the second bullet item on page 20 is correct or if “within the past “5 years” in item #8 of Attachment 2 is correct regarding site closures.

See response to question 1.

63. 3.4.1.2 and Client Reference

20 and Client Reference Form-

Form C

Please clarify if the period of services on the Client Reference Form-Form C needs to be within the past 10 years or if only the closure (SRCO) needs to be in the last 10 years.

Depending on the Department’s answer to the previous

Addendum No. 2 Page 15 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

Form- Form C question, “10 years” may need to be replaced with “5 years” in this question.

See response to question 1.

64.

4.3.5 Reporting

Requireme nts

Please clarify “DEP reserves the right to require all selected contractor(s) to use a single, specified format for data management and project tracking”. Will the Contractor(s) be required to convert all existing historical files to the specified format? Will DEP allow the use of Pay Item 1-8. Map and Table Generation if a new format is specified?

Per Attachment 3: Reports must be submitted using the appropriate FDEP forms found at:

http://floridadep.gov/waste/petroleum-restoration/content/procedures-guidance-documents

No. Use of Pay Item 1-8 is site specific (on a per site basis) and allowed only once per contractor per site to compile historical data.

65.

4.7 Schedule of Pay Items

14.B Pay Item

14-10

Please clarify Pay Item 14-10. Utility Usage Bills:

[Reimbursable] – Will the Contractor(s) be responsible for paying monthly utility invoices for remediation systems? In what situation would this pay item be applicable?

See response to question 11 The pay item is applicable when conducted Remedial Action Construction and Operation & Maintenance activities and utilities are necessary to complete the work scoped. In addition, utilities may remain on during a portion Post Active Monitoring in the event the remediation is needed to be restarted.

66. 3.4.2.2 21 of 97 Can a “Key Person be listed in more than one capacity as a “Key Person”? Three Field techs as “Key Person” seems to be excessive and somewhat discriminatory toward small companies.

See response to question 29.

67. 5.4 92 of 97 Tab E – List of Subcontractors How will the List of Subcontractors be scored? There are 50 available points. What criteria will be used to evaluate? Also, can another ATC be used as a subcontractor for drilling, construction, system rental (not as a P.E. or P.G.)?

See response to question 15.

68. 3.4.1.2 19 and 20 of 97 Does “Petroleum Remediation Services” include Site Assessment and Natural Attenuation Monitoring performed by an ATC for the Petroleum Restoration Program?

http://floridadep.gov/waste/petroleum-restoration/content/procedures-guidance-documents http://floridadep.gov/waste/petroleum-restoration/content/procedures-guidance-documents

Addendum No. 2 Page 16 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

For clarification purposes: if a current ATC hold contracts in all 3 regions, will they be required to choose one site from each region, or a total of 3 can be used regardless of regions?

Being limited to only 3 closed sites (one in each region that the Department assigns to an ATC) may be perceived as discriminatory toward current ATCs, since there is no opportunity to include a successfully closed privately funded project.

Examples of the type of remediation services are included in Question 6 in the Reference Interview Questions.

See response to question 3 and 40.

69. 3.4.1.2 20 of 97 Please clarify the following: “Respondents that will be receiving access to an individual’s personal identifying information from the Department must complete Form F.”

Respondents that will be privy to the Responsible Party/Property owner’s information including name and address.

70. 3.4.1.2 20 of 27 Indicates that projects for CRFs must have been completed to a closure endpoint per Chapter 62-780.680, F.A.C in the last

(10) years. Attachment 2, Past Performance Evaluation Form, question #8 indicates closure within the past 5 years. Which is correct?

See response to question 1.

Addendum No. 2 Page 17 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

71. Attachment 2, Past

Performanc e

Evaluation Form

Question #1and #3: Please explain how these items will be scored, since projects contain several POs/RFCs over an extended period of time from beginning of assessment to the issuance of closure approval.

Question #3: since not all CPEs are uploaded onto OCULUS and thus are missing; how will this be handled by the Department’s evaluator when the respondents are evaluated?

Question #5: “Were properties other than the source property (off-site) contamination?”

• Does a historical CTL exceedance in groundwater from a monitoring well in the right-of-way satisfy this requirement?

• Does a lead exceedance in the groundwater off-site satisfy this requirement?

Question #7: “Was the property storing petroleum products in a registered underground storage system during active remediation?”

• Do you get the points if the active remediation was performed on an adjacent property and that adjacent property stored petroleum products?

Question #8: mentions site closures must be within the past 5 years and these also include LSSI NFAs, but on pg. 20, second bullet states the end point to be in the last 10 years. Which is correct? Also on page 20 under section titled “The Response will be deemed Non-responsive if: states under the third bullet that LSSI NFAs are not closures. In addition, this section states that a zero point for this question results in being determined Non-Responsive. Does this mean the entire Response is Non-Responsive, or just Section 8 of Attachment 2? Please clarify these.

Q1 -See response to question 57.

Q3 -A query will be used to pull the CPE Scores.

Q5 -Yes and Yes.

Q7 -Points are awarded only if the Department is able to verify in the State’s database that petroleum products were stored in a registered tank during active remediation. Any activities on adjacent properties would require the Facility ID # in order to confirm this information.

Q8 -See response to question 14.

Q8 -The entire Response is deemed Non-Responsive.

Addendum No. 2 Page 18 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

72. 3.3.d 18 of 97 Volume Three Sealed Price Response: what is a “sealed” response? Is it sealed by a corporate seal, or sealed in an envelope? Since the response has to be submitted electronically as well as in a hard copy, there is no way to seal the electronic version, so please clarify this requirement.

Sealed refers to the sealed envelope that includes the paper copy and a CD, DVD-ROM or USB drive.

73. 4.7 47 of 97

5-4 Well Install 1.5”: Is this for materials only? Does it include pre-pack screen?

14-10: does this mean that the ATCs will have to pay the power bill or is it strictly for SPI buildup purposes?

Included items are listed in Section 5 Well Installation on page 46.

Pre-packed screens are separate line item (5-17) See response to question 11.

74. Pay Items 17-35 through 17-

NA Was it the Departments intention for the ATC to pay for GAC- Media to filter vapor & water throughput? Specifically, the initial fill can be a significant capital outlay.

Initial carbon is included in Section 17 line items. Replacement carbon is not included. The respondent should provide a competitive price based on their experience.

75. 50.d.A & B.

of the

DRAFT

Contract

20 DRAFT

Contract

Is there any possibility of raising the aggregate value of subcontracted purchases to $7,500 (from $2,500.00)?

This is required by Rule. See Florida Administrative Code 60A-

1.002 Purchase of Commodities or Contractual Services.

76.

52.b. Of the

DRAFT

Contract

21 DRAFT

Contract

Does the $325,000 PO threshold maintain or can a PBC PO exceed that amount without going to bid?

This is required by Chapter 62-772, Florida Administrative Code and Chapter 287.017, Florida Statutes Purchasing Categories and threshold amounts.

77.

3.4.2.2 of the ITN 21

It is stated: Key personnel, including subcontracted key personnel, cannot be included in multiple respondent’s submittals for this solicitation. No contract will be issued with key personnel, including subcontracted key personnel, included in multiple respondent’s submittals. Those submittals will be negotiated. What does it mean that "Those submittals will be negotiated"? Does that mean that there are instances when Key Personnel are accepted on multiple submittals? Case by case?

See response to question 30.

Addendum No. 2 Page 19 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

78.

3.4.2.2 of the ITN 21

Key personnel must include at a minimum the following:

• One (1) Project/Contract Manager

• One (1) Professional Engineer

• One (1) Professional Geologist

• Three (3) Project/Site Managers

• Three (3) Field Technicians Does this mean that the successful bidder must have a minimum of nine employees or can one-person fulfill multiple roles?

See response to question 29.

79. Section

3.4.1.2 –

Tab B:

Required

Forms

Page 19 of 97 To clarify, the number of Client Reference Forms (CRFs) that each Respondent submits, it appears that Respondents should provide three (3) separate CRFs and submit at least one CRF for each Agency Term Contract the Respondent currently has with the Department. Please confirm that a current ATC that has 3 contracts for the FDEP PRP in the North, Central, and South Regions only need to submit a CRF for each of the 3 region’s contract (for a total of 3) and does not need to submit other CRFs for projects/references for non-FDEP petroleum work.

See response for question 3 and 40.

80. Section 3.4 and Section

3.6.1

Page 19 and 23 Redacted Submissions – Please confirm that if a respondent does not have confidential information included in a submission, that a Redacted Copy submission for the ITN response is not needed.

In accordance with Section 3.6 3.6 Confidential Response Materials and Redacted Submissions, if the Respondent does not consider any portion of its Response to be Confidential Information or exempt under Chapter 119, F.S., or other authority (Public Records Law), a redacted copy is not required.

81. Sections

3.4.22 and

3.4.2.3 Tab

B and C

Pages 21 and 22 of 97

Tab B identified Key Personnel and Tab C requests resumes of the proposed project manager and principal point of contact, however it doesn’t state to provide resumes of other key personnel. Will scoring be restricted to only the project manager and principal point of contact or will the scoring include other key personnel including PEs, PGs, Site Managers, and technicians (i.e., do resumes of the other key personnel, including technicians) need to be included for scoring purposes?

Scoring of the resumes will be restricted to only project manager and principal point of contact.

See response to question 8.

Addendum No. 2 Page 20 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

82. Section

3.4.2.5 –

Tab E: List of

Subcontract ors

Page 22 of 97 For identifying subcontractors, will scoring be limited to a review of the listed subcontractors on Form D? Specifically, is the FDEP expecting just a list or a list along with a brief description of subcontractor qualifications? If just the list of subcontractors is necessary, would FDEP score be based on the number of subcontractors listed?

See response to question 15.

A subcontractor request form is included in the downloadable files for the solicitation and is formatted for the required data.

83. Section

3.4.2.5 –

Tab E: List of

Subcontract ors

Page 22 of 97 If Respondents provide a list of subcontractors and are awarded a subsequent contract, are selected respondents allowed to add additional subcontractors at a later date?

Yes.

84.

3.4.2.1 Pg. 21

The Executive Summary (ES) in Volume I has a 2 page limit, and it appears that the same Tab in Volume II expands on that requested info. Is there a page limit to that ES as well?

There is not a page limit to Volume II Introduction/Executive Summary.

85.

3.5 Pg.23

What methods for evaluating “simply and economically” & “concise delineation” for responses will be utilized? Previous submissions varied widely on this aspect. For example, will additional points be awarded for responses considered ‘concise’? Similarly, will points be taken away for responses deemed “fancy or flashy”? Please advise Points awarded are at the discretion of the evaluator and will be based upon the completeness and clarity of the content.

86.

Table D -

How was the price increase maximum determined?

See response to question 22.

87.

Table D -

The price increase maximum appears to average approximately 3.44% over the next four (4) years, however published Consumer Price Index data indicates that the average inflation rate over the last four (4) years is 4.50%.

How does the Department expect to take into account higher inflation rates than that what was anticipated within its equation?

The price sheet has been amended to allow increases of up to 5% for each subsequent year. In addition, see Draft Contract, Exhibit A, PUR 1000, General Contract Conditions, 4.e Equitable Adjustment.

88.

Table D -

Is there a mechanism in the contract to allow for price adjustments due to unanticipated cost spikes (ie: pandemic, natural disasters, etc)? If so, how and when would this mechanism be initiated?

Addendum No. 2 Page 21 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

See Draft Contract, Exhibit A, PUR 1000, General Contract Conditions, 4.e Equitable Adjustment.

89.

Table D / 4.7.2

40-89

The SPI rates for each line item are expected to be fully loaded with the items included within the pre-amble to each subsection. In generating the min / max prices were items such as oversight, per diems (a realistic cost), field equipment, etc. taken into account. If so, what formula was utilized to generate the pricing range for each of the line items in which other indirect costs are expected to be included (example what cost was utilized for a full day of a Technician when calculating the SPI rates)?

See response to question 22 and 23.

90. 4.7.2 46 / 47 SPI Line Item 5-2.b & 5-3.b. The narrative indicates that the well installation includes the trenching. Typical trenches are 2ft x 2ft. with a 30-inch cap (system installation), which also includes compaction testing and all the fill material. If the well design is outside of these parameters, are the wells to be quoted or broken down into components (as an example, gallery installation activities). Can the Department define what the “borehole” diameter / measurements are to be for horizontal wells installed under the pretense of the line item.

For Line items 5-2.b and 5-3.b trenching is included in these line items in addition to all equipment, material and labor to trench and install the well. Respondent should provide a competitive price based on their experience in variations.

Infiltration galleries are reimbursable line item 14-3.b. See line item description for additional information.

There is no ‘borehole’ for a horizontal well.

91. 3.4.1.2 Form C / Attachmen t 2

The narrative indicates that a reference must have closure within the last ten (10) years, however the scoring rubric (Attachment 2) indicates within the last five (5) years. To be consistent within the narrative, as well as taking into consideration the typical time that elapses from assessment beginning to eventual closure, wouldn’t ten (10) years seem more accurate and realistic?

See response to question 14

92.

4.3.6.1.2 33

If the work is conducted in accordance with the FDEP SOP and standard work practices, is the warranty period limited to 3 years after construction? For instance - trenching -would the limitations of the warranty in which the ATC is responsible for be limited to three (3) years after closure of the construction PO as discussed within Section 4.3.6.1 (B)?

No. See Section 4.3.7 on page 34 of 97.

Addendum No. 2 Page 22 of 65

Question Number Solicitation

Section Solicitation Page

Number Question / Answer

93.

4.3.25 37

States - “contractor is responsible for correcting any issue associated with backfill and compaction that may arise such as subsidence, cracking or concrete or pavement, etc., including mobilizations, personnel, material and equipment”

(1) Are there limitations (eg. Callback period) in which this applies - assuming that all work was conducted in accordance with the SOP / standard work practices? -meaning how long is the warranty period? (2) Concrete and Asphalt naturally cracks along stress points over time. What constitutes a concrete or asphalt crack that is not considered to be natural settling / wear (Eg. 0.25 inches in width, 0.5 inches in width, etc)?; and (3) will consideration be given for concrete repair / trenching conducted over / within former UST locations where the nature of the remedial project may shift voids within the previous backfill which was not tested, controlled or installed by the current ATC contractor (in many instances the concrete from the UST areas were just placed within the former UST locations which creates voids, however when the area is subjected to the forces involved in the selected remedial technology, sands shift filling the voids, creating subsidence that the current ATC would not be able to anticipate and should not be held accountable for. Of course, this is assuming that all FDEP SOPs was followed as well as standard business practices.

See response to…