Addendum No. 2 - Revised ITN 2024019.pdf

Addendum No. 2 – Revised

Invitation to Negotiate (ITN)

For

Re-advertisement For Petroleum Contamination Site Response Action

Services

ITN 2024019

Procurement Officer:

Wanda Norton

Purchasing Analyst, Department of Environmental Protection

Bureau of Procurement & Contracting Services - Procurement Section 3800 Commonwealth Blvd., MS #93

Tallahassee, FL 32399-3000 Email: Wanda.Norton@FloridaDEP.gov

ITN 2024019

Re-advertisement For Petroleum Contamination Site Response Action Services

Rev. 3/11/24

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Questions and Facts Being Explored

1.4 Goals of the ITN

1.5 Anticipated Contract Term & Renewals

1.6 Definitions

1.7 Draft Contract

1.8 Procurement Officer

1.9 Special Accommodations

1.10 Timeline of Events

1.11 List of Attachments and Forms

2 ITN Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the ITN

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the ITN

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

4 Scope of Work

4.1 Scope of Work

4.2 Definitions

4.3 Contractor Responsibilities

4.4 Technical Specifications

4.5 Department’s Responsibilities

4.6 Financial Consequences

4.7 Schedule of Pay Items

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

5.2 Evaluation of Volume II, Technical Response

5.3 Evaluation of Volume III, Sealed Price Response

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Negotiations

6.1 Negotiations Process

6.2 Respondent Attendance

6.3 Revised Replies and Best and Final Offers

6.4 Other Department Rights During Negotiations

6.5 Negotiation Meetings Not Open to the Public

6.6 Confidential Information

6.7 Department’s Negotiation Team Recommendation

7 Award

7.1 Basis of Award

7.2 Award Preferences for Equal Scores (Ties)

7.3 Recommendation of Award

7.4 Posting of Decision

7.5 Execution of Contract

7.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Invitation to Negotiate (ITN) to contract for Re-advertisement For Petroleum Contamination Site Response Action Services. The Solicitation will be administered through the Vendor Information Portal (VIP). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITN.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Re-advertisement For Petroleum Contamination Site Response Action Services, hereby incorporated by reference. The Department intends to make a multiple award, however 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.

1.2 Background and Program Information

Per section 376.3071, Florida Statutes, the Inland Protection Trust Fund (IPTF) was created by the Legislature in 1986 to enable the DEP to respond to incidents of contamination without delay. This trust fund is the source of the overwhelming majority of the State’s petroleum cleanup funding. The IPTF is funded from a tax on every barrel of petroleum or petroleum product produced in, or imported into, the State. The tax is tiered based upon the amount of cash in the fund. At its top tier ($0.80 per barrel) the tax generates over $200 million a year.

The Petroleum Restoration Program (PRP) encompasses the technical oversight, management, and administrative activities necessary to prioritize, assess and cleanup sites contaminated by discharges of petroleum and petroleum products from stationary petroleum storage systems. These sites include those determined eligible for state-funded cleanup using qualified contractors selected through competitive procurement or recommended by the property owner or responsible party and state lead contractors under direct contract with the Department, as well as non-program or voluntary cleanup sites funded by responsible parties.

1.3 Questions and Facts Being Explored

Through this solicitation, the Department will explore the experience and capabilities of Respondents, as well as prospective solutions and associated costs. The Department seeks to elicit facts about such experience and capabilities in order to:

• Determine the Respondent’s overall approach to providing the requested services;

• Determine the Respondent’s demonstrated experience and ability to effectively provide the services;

• Determine the Respondents Key Personnel’s knowledge and experience relative to services being procured;

• Evaluate how the Respondent’s approach satisfies the goals identified herein;

• Evaluate the best and final offer of the rates of the Respondent’s.

1.4 Goals of the ITN

The goal of this ITN is to determine the best providers for Petroleum Contamination Site Response Action Services Contracts that will provide the best value to the State based on the overall approach, experience and ability, Key Personnel’s knowledge and experience and the best and final offer of the rates.

1.5 Anticipated Contract Term & Renewals

The initial term of the Contract will be five (5) year(s) with up to five (5) renewal year(s). At the sole discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.6 Definitions

The “General Contract Conditions” Form PUR 1000 (PUR 1000) and “General Instructions to Respondents” Form PUR 1001 (PUR 1001), found in Rule 60A-1.002, Florida Administrative Code (F.A.C.), are hereby incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms The following definitions apply to this ITN:

Business Days - Monday through Friday, inclusive, except for State government holidays.

Calendar Days – All days, including weekends and holidays. With respect to due dates and deliverables, if the last day counted falls on a weekend or holiday, the due date shall be the next business day thereafter.

Confidential Information - Any documents, data, or records that are confidential and not subject to disclosure pursuant to Chapter 119, Florida Statute (F.S.), the Florida Constitution, or any other authority.

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this Solicitation.

Department – The Department of Environmental Protection (DEP).

Non-responsive – a reply which fails to comply with any specified material requirements of the

ITN.

Respondent – an entity that submits a Response to this ITN.

Response – a response or a reply to the competitive solicitation. Response and Reply are used interchangeably herein.

State - The State of Florida.

Vendor Information Portal (VIP) – The State’s bidding system developed in accordance with section 287.042(3)(b)2, F.S. The Vendor Information Portal is accessible at:

https://vendor.myfloridamarketplace.com/.

1.7 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this ITN in accordance with the terms, conditions, and Scope of Work detailed in the Draft Contract. All Respondents should carefully review the Draft Contract prior to submission of a Response. Any questions related to the Draft Contract should be submitted as a formal question in accordance with the instructions contained in this ITN.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Rev. 3/11/24

1.8 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this ITN from the date of release until an Agency Decision is posted on the VIP. Violation of this provision may be grounds for rejecting a Response.

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VIP, at https://vendor.myfloridamarketplace.com/ in accordance with Section 2.3.1.2 below.

The Department will not talk to any Respondents or their agents regarding a pending solicitation.

Questions will NOT be answered via telephone.

1.9 Special Accommodations

Any person requiring special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting.

1.10 Timeline of Events

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to modify this schedule and will notify participants in the Solicitation by posting an addendum to this Solicitation on VIP. It is the responsibility of the Respondent to check VIP on a regular basis for such updates.

Event Date Time* Location/Method

ITN Advertised 6/24/24 N/A Vendor Information Portal (VIP)

Questions Due 7/15/24 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

8/13/24 Vendor Information Portal VIP)

Replies Due 08/30/24 3:00 PM

Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 09/03/24 10:00 AM

Teleconference by calling +1 850-629-7330

Phone Conference ID: 436 830 322# The number will be active 5 minutes before the meeting.

References Contacted Between: Telephone and/or Email 09/23/24 10/11/24 Anticipated Evaluation Phase 09/23/24 – 10/23/24 Evaluation Team Members to begin evaluations individually.

Negotiations Process (Anticipated Date)

Between:

11/12/24 12/13/24

BAFO due date 12/20/24 https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Rev. 3/11/24

Recommendation of Award Meeting (Anticipated Date) TBD

*All times are Eastern Time Zone.

1.11 List of Attachments and Forms

The Attachments, Exhibits, and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the ITN posting. If a Form requires electronic completion or filling in, such as a Microsoft Excel spreadsheet, an electronic copy can be obtained by contacting the Procurement Officer.

Attachment Title 1 Draft Contract 2 Past Performance Evaluation Form 3 Scope of Work Appendix 4 Subcontractor Request Form

Form Title A Business Response Form B Foreign State Preference Opinion Form C Client Reference Form D Price Sheet E Award Preference Form F Foreign Country of Concern Attestation G Forced Labor Attestation Form

2 ITN Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire ITN, all attachments, and any addenda before submitting a Response. Vendors interested in submitting a Response must comply with all instructions, terms, and conditions of this ITN to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this ITN, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this ITN are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the ITN

The ITN is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The ITN process involves four phases: Solicitation, Minimum Mandatory Requirement Review, Evaluation and Negotiation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit

The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non- Responsive.

Note: Any answers to questions given at any conferences or site visits are not binding and do not alter the ITN. Only questions submitted in accordance with the instructions below and answered on the VIP are considered binding.

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the ITN to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.10 of the ITN.

Questions will not constitute a formal protest of the specifications or of the Solicitation. Answers to questions will be posted on the VIP.

All emails shall have the Solicitation number in the subject line. The Department recommends that questions be submitted in the following format:

ITN Section ITN Page # Question

It is the responsibility of the Respondent to monitor the VIP, as no additional notification will be provided when responses to questions are posted. The written response posted on the VIP is the ONLY official response. Oral responses that differ from the written responses WILL NOT be considered.

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; however, Respondents are encouraged to submit their Responses no earlier than five (5) days prior to the submission deadline. Responses must be submitted by the deadline listed in the Timeline above.

2.3.1.4 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.10. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses will be sent to the Evaluation Team for their qualitative review.

2.3.2.2 Responsibility Review

The Department will review the Responsibility section of the Respondent’s Business Response Form, Form A, for affirmative responses and attached documentation, if any. Answers in the affirmative are not, in themselves, grounds for declaring a vendor as Non-Responsible; the Department may seek additional clarification and decide whether the circumstances of the case warrant declaring a Respondent Non-Responsible. Respondents deemed Non-Responsible are not eligible for Contract Award.

2.3.3 Evaluation Phase

2.3.3.1 Technical Response Evaluation

The Department will evaluate Responses from responsive and responsible Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation. All Respondents and Responses that meet the minimum mandatory requirements reviewed by the Procurement Officer will be evaluated according to the Evaluation Criteria in Section 5. Each evaluation team member will work independently using the Evaluation Criteria contained Section 5, to review and score Respondent’s Technical Response. Upon completion of the Technical Response evaluation, the evaluators will submit their scores to the Procurement Officer for tabulation.

A Respondent’s Response is the only material which will be considered by the evaluators. No oral or written representations, prior conversations, meetings, projects, or outside information, other than what is specifically requested to be in a Response, will be considered by the evaluators.

2.3.3.2 Past Performance

The Respondent’s references will be contacted by the Department by telephone during normal working hours (8:00 AM - 5:00 PM) as indicated in Section 1.10, Timeline of Events. The Department will make up to two (2) attempts to call before making one (1) attempt to contact the references by email. If the contact person cannot be reached following the three (3) attempts within the timeframe, or if the Respondent fails to provide a reference, the Respondent will receive a score of zero (0) for questions one (1) through six (6) on that reference.

2.3.3.3 Price Sheet Evaluation

The Procurement Officer will review the Price Sheet and apply the scoring criteria as contained in the Evaluation Criteria in Section 5. The rates provided are for statewide work. The Price Sheet must contain complete responses for all items. Rates submitted are ceiling rates that may be quoted at a lower rate per task assignment or purchase order. To be considered for the Award, Vendor must be able to provide all Services across the state for the rates submitted. A rate must be submitted for each line item for each of the 10 years. No rates of If the entered rate is Zero (0) or rates left blank are allowed., then the Price Sheet will be deemed Non-Responsive. The only exception is that a rate of Zero (0) is allowed for Pay Item 8-72. where the lower limit is listed as $0.00. A lower limit for each line item is shown in column "E" titled Lower Limit All Years. This lower limit is applicable to all years. If a rate is entered below this amount for the corresponding line item in any year, then the Price Sheet will be deemed to be Non- Responsive. An upper limit is provided for each line item for each year. The upper limit for the line item for each year is shown in the cell immediately left of the cell for which the rate is being entered and is titled Upper Limit Year X, where X = the Year of the contract term. If a rate is entered above the amount shown in the cell immediately to the left of the cell where the rate is being entered, then the Price Sheet will be deemed to be Non-Responsive. Enter a rate to exactly two (2) decimal places for each line item for each year and do not adjust the format of the Price Sheet in any way. If the formatting of the Price Sheet is altered in any way, then the Price Sheet will be deemed to be Non-Responsive. The price sheet provides for an allowable increase of rates up to 5% for each subsequent contract year after year one (1). Any Respondent submitting rates above a 5% increase for years two (2) through ten (10) will be required to correct the rates during negotiations. The price sheet calculates in the upper limit column what the 5% increase is for each subsequent year after the previous year rates are entered. Rates should be entered in order starting with the first year proceeding with the subsequent years in order to display the 5% upper limit. No contracts will be issued with increases greater than 5% above the final negotiated rates for each subsequent year. Manual entry of rates is recommended as scripts or pasting data may change formatting which would cause the Price Sheet to be deemed Non-Responsive. The pricing for Professional Engineer and Professional Geologist identified as Pay Items 20-1 through 20-36 in the Form D Price Sheet will not be used for an award but will be considered during the negotiation phase.

The Price Sheet (both the Initial Rates Statewide Tab and the Renewal Rates Statewide Tab) must be included in both the electronic response (original Excel format) and the hard copy response (the print area is already pre-set for this worksheet). Failure to include the fully completed Initial Rates Statewide Tab and the Renewal Rates Statewide tab fully completed in accordance with guidance above will result in the Price Sheet (and the response) being deemed Non-Responsive and cannot be cured by the Department in the Administrative Review Period.

2.3.3.4 Compilation of Scores

After the evaluation phase, the Department will compile the final evaluation scores and use them to select one or more Respondents within the competitive range with which to commence negotiations.

2.3.4 Negotiation Phase

2.3.4.1 Negotiations

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. During the negotiation phase, the Department may request revised Responses and/or Best and Final Offers (BAFOs), based on negotiations.

2.3.4.2 Post-negotiation Awards

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department intends to then post a Notice of Award, identifying the responsible and responsive vendor(s) that provide(s) the best value to the State.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.4 Conformance to Requirements

In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements included in this ITN. Responses failing to conform in all material aspects to the requirements included in this ITN are Non-Responsive and are not eligible for Award.

2.5 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the Procurement Officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a Response.

2.6 Addenda/Amendments to the ITN

The Department reserves the right to modify this ITN by issuing addenda and/or amendments. All changes to the ITN will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP. Issuance of written Addenda and/or amendments is the only method by which a solicitation may be modified.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

The Contract will consist of the Draft Contract as attached, which will incorporate the Scope of Work/Technical Specifications, below in Section 4, relevant portions of the Response submitted by the awarded Respondent (if any), and the Price Sheet submitted by the awarded Respondent. If there is any discrepancy between the Scope of Work/Technical Specifications and the incorporated relevant portions of the Response, the terms most favorable to the Department shall prevail.

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response, except those identified in the Contract. The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITN and its attachments to the attention of the Department prior to the submission of its Response. At any time during the Solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract. The Contract that results from this Solicitation will be posted on the Florida Accountability Contract Tracking System (FACTS) website in accordance with section 215.985, F.S., “Transparency Florida Act.”

2.8 Disclosure of Response Contents

All documentation produced as part of the ITN will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section 2.9. Once the Procurement Officer opens the Response, the Response may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S.

2.9 Withdrawal of Responses

The Respondent may withdraw or modify a Response at any time prior to the due date by submitting a request to the Procurement Officer.

2.10 Administrative Cure Process

In the interest of maximizing competition, the Response qualification and cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Response that are identified in the Minimum Mandatory Review Phase. Therefore, the Department may, in its sole discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the ITN and allow for the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures made pursuant to this section will be accepted by the Department. Material items deemed non-responsive are not curable.

2.11 Clarification Process

The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. Respondents should not rely upon DEP to point out errors. An error-free bid is reflective of the quality of the Respondents work product. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

2.12 Information from Other Sources

The Department reserves the right to seek information from outside sources regarding the Respondent, the Respondent’s offerings, capabilities, references, and the Respondent’s performance, if the Department determines that such information is pertinent to the ITN. The Department may consider such information throughout the Solicitation process including, but not limited to, determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the Solicitation.

2.13 Firm Response

The Department may make an award within one hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If an award is not made within one hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract, or the Department receives from the Respondent written notice that the Response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.

2.14 Right to Reject

The Department may reject any Response not submitted in the manner specified by the Solicitation documents. Respondents whose past performance, current status, or Response does not reflect the capability, integrity, or reliability to fully, and in good faith, perform the requirements of Contract may be rejected as Non-Responsible and are not eligible for Award.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

• Cancel this Solicitation.

• Make no Award and reject all responses.

• Withdraw the Solicitation at any time, including after an award is made.

• Withdraw or amend its Notice of Award at any time prior to execution of a contract, including, but not limited to situations in which the Contractor(s) fails to execute the contract.

• Re-procure services.

2.16 Misrepresentations

All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from

Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

2.17 Licensure & Registration

Prior to the execution of a Contract, the selected Respondent must be properly licensed to do business within the State, and all entities must be appropriately registered with the Florida Department of State, if required by federal or state law.

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section 3. Respondents may submit revised Responses at any time prior to the Response Due Date as specified in the Timeline of Events. Revised Responses must include a statement, signed and dated by an Authorized Signatory, withdrawing all prior Responses from the Respondent. Alternate commodities and/or contractual services may be proposed only if permitted in accordance with the instructions contained in this Solicitation. The Department is under no obligation to consider alternate commodities and/or contractual services to those requested in this Solicitation if not specifically requested as part of a Response and may reject a Response making such offers as Non-Responsive.

2.19 Exclusivity

This Solicitation will not result in an exclusive license to provide the commodities and/or contractual services described in this Solicitation or the resulting Contract. The Department may, in compliance with applicable laws, contract with other vendors to provide the same or similar commodities and/or contractual services if the Department determines that doing so will serve the State’s best interests.

2.20 Diversity

The State is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and woman-owned businesses. Participation of a diverse group of Respondents doing business with the Department is central to the State’s effort.

The Office of Supplier Diversity (OSD) has been established within the Florida Department of Management Services (DMS) to certify qualifying minority-owned, veteran-owned, and woman-owned business enterprises (CBEs). CBEs are encouraged to participate in the State’s procurement process as both prime Respondents and subcontractors. Non-CBE Respondents are encouraged to partner with CBEs for Contract performance.

2.21 Bid Protests

Failure to file a protest within the time prescribed in section 120.57(3), F. S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Documents received after normal working hours (Monday-Friday, 8:00 a.m. - 5:00 p.m., Eastern Time) will be filed the following business day.

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines. ALL INQUIRIES OR PROTESTS ABOUT THE AWARD MUST BE FILED WITH THE AGENCY CLERK.

ANY CONTACT WITH ANY OTHER PERSON AT THE DEPARMTMENT IS NOT A PROPER PROTEST.

The Agency Clerk's address is:

Agency Clerk, Office of General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Douglas Building, MS#35 Tallahassee, Florida 32399-3000 Email: Agency_clerk@floridadep.gov

The remainder of this page is intentionally left blank mailto:Agency_clerk@floridadep.gov

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms

The terms of the PUR1001 are controlling for this ITN, except for the following sections, which are inapplicable:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4 of this Solicitation.

Section 5. Questions Questions shall be submitted in accordance with Section 2.3.1.2 of this Solicitation.

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by Sections 2.10 and 7.1 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

Information about the registration process is available on, and registration may be completed at https://vendor.myfloridamarketplace.com/.

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS at (866) FLA-EPRO {(866) 352-3776)}.

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Code Title 76131600 Toxic spill cleanup 76131601 Toxic spill containment 76131602 Toxic substances spill cleanup https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

76131700 Oil spill cleanup 76131701 Oil residue disposal or control services 77111600 Environmental rehabilitation 77111602 Environmental decontamination services 77111603 Land rehabilitation services 73181008 Drilling services 81102600 Sampling services 81101800 Chemical engineering 77121606 Soil pollution measurement or monitoring 81101900 Oil and gas engineering

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference or a Site Visit.

3.3 Submission of Responses

Respondents shall deliver Responses to the Department’s office designated in the Timeline of Events before the date and time specified. Any Response that is received after the exact time specified in the Timeline of Events is late. Late Responses, as well as Responses submitted through email or by facsimile, are Non-Responsive and will not be evaluated. All Response materials must be packaged so that each box shipped to the Department does not exceed 25 pounds.

Response packages must be marked to show the Respondent's name and address, the Solicitation number, and the date and time Responses are due. If multiple packages are shipped, package sequences (i.e. 1 of 3, 2 of 4, etc.) must also be indicated on the outside of the package.

Vendors should submit their responses for each Volume as follows:

a. One (1) original paper/hard bound response

b. One (1) electronic response submitted on CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard bound submittal.

Respondents should submit their Technical Response to include:

c. 8.5” x 11” paper. If the Technical Response is submitted in a binder, the binder should be clearly labeled on the front cover and spine. All pages should be consecutively numbered.

d. One (1) REDACTED paper/hard bound response with accompanying CD, DVD-ROM or USB drive as described in Section 3.3.

Each package should be addressed to the Procurement Officer and display the following information:

Responding Respondent Name; Solicitation Number; Solicitation Title; Reply Due Date; and designation as VOLUME ONE: Business Response and VOLUME TWO: Technical Response and VOLUME THREE:

SEALED PRICE RESPONSE as indicated in this section:

Attention: Procurement Officer Florida Department of Environmental Protection

Bureau of Procurement & Contracting Services 3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Responding Respondent Name Solicitation Number: ITN ####### Title: Name of ITN Solicitation Reply Opening: MM/DD/YY @ 0:00 AM/PM ET

Responses must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic mail (e-mail) submission or facsimile transmission of responses are NOT authorized and will NOT be accepted.

3.4 Response Content Requirements

The Reply content should be as follows:

Volume Name Copies Volume I Business Response One (1) Original Volume II Technical Response One (1) Original Volume III Sealed Price Response One (1) Original CD/DVD/USB Electronic File of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic File of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

Respondents must prepare a Business Response volume in the order outlined below.

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

Respondents must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Business and Technical volumes. The Executive Summary must begin with company/division’s street address; and size of business, CBEs status, and a summary of the key points from the Respondent’s Response. If the Respondent is a current or former Contractor to the Department, the Respondent will notify the Department of the contract number and the Department’s contract manager in its Executive Summary.

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and, if Respondent’s principal place of business is outside of the State of Florida, Form B, Foreign State Preference Opinion Form.

Respondents must complete Form C, Client Reference Form (CRF), and Form G Forced Labor Attestation Form and attach as Tab B. The forms must meet the following criteria:

• Provide the required information for three (3) separate and verifiable projects for Petroleum Remediation Services.

• All Forms must list projects that have been 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, issued by the Florida Department of Environmental Protection in the last ten

(10) years.

• Submit at least one CRF for each Agency Term Contract the Respondent currently has with the Department.

• 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.

• CRFs may be submitted for projects not funded by the Department.

• If the work was funded in portion or full by the Department, a CRFs may not be submitted listing the Client as an entity other than the Department.

The Response will be deemed Non-Responsive if:

• A CRF is submitted for projects performed by entities other than the Respondent’s company, a joint venture or acquired company.

• The response does not include the required information for three (3) separate projects for Petroleum Remediation Services.

• The CRFs list a project which was not 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, issued by the Florida Department of Environmental Protection 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.

• A CRF is not submitted for each Agency Term Contract up to three (3) the Respondent currently has with the Department.

• A CRF is submitted listing the Client as an entity other than the Department if the work was funded in portion or full by the Department.

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. 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.

Respondents give the Department permission to contact client references and obtain their opinion of the Respondent’s past performance using the questions listed on Attachment 2. The Respondent acknowledges that the Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

Respondents that will be receiving access to an individual’s personal identifying information from the Department must complete Form F, Foreign Country of Concern Attestation.

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

3.4.2 Volume II, Technical Response

The Respondent must prepare and submit a Technical Response volume detailing their qualifications, capabilities, and a description of the commodities and/or contractual services that they will provide to the Department. The Technical Response must contain complete responses to all items. If a portion of any section is omitted, the Response will be deemed Non-Responsive at the sole discretion of the Department.

Volume II Technical Response Tab A Executive Summary Tab B Background, Organizational Structure and Key Personnel Tab C Qualifications and Experience Tab D Quality Assurance Plan Tab E List of Subcontractors

3.4.2.1 Tab A: Executive Summary

Respondents must provide a general description of how the Respondent will accomplish the overall goal of this Solicitation.

3.4.2.2 Tab B: Background, Organizational Structure and Key Personnel Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this Solicitation, as well as differentiating between currently employed, anticipated, contracted staff, and key personnel.

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.

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.

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

3.4.2.3 Tab C: Qualifications and Experience

Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined and whether a subcontractor will be utilized. The resume or curriculum vitae for the proposed project manager and principal point of contact must be provided;

i. Respondent’s past experience relevant to the labor category(s) for which the respondent is being proposed (list the labor category defined in the Scope of Work), including specific tasks performed and level of authority. It must be clear in the description of experience how the Respondent meets or exceeds the minimum qualifications and typical duties for the labor category(s). Descriptions must be limited to the work described in this solicitation;

b) Respondent’s knowledge of and experience with petroleum cleanup, environmental site investigation sites, environmental remediation, environmental remediation sites; and

c) Respondent’s Education/Certification and Professional Registrations.

d) Respondent’s number of years of experience: with petroleum cleanup.

e) Respondent’s number of years of experience with environmental site investigation.

f) Respondent’s number of years of experience with active environmental remediation.

3.4.2.4 Tab D: Quality Assurance Plan

Respondents should provide a Quality Assurance Plan that will include the following:

a) Each Sampling Team member’s experience and examples of how the assigned tasks will be performed should be outlined.

b) Sampling Team members’ training and certifications should be listed.

c) Examples of calibration logs and field forms should be provided.

d) Sample equipment decontamination procedures should be provided.

e) Sample equipment maintenance procedures and examples of maintenance logs should be provided.

3.4.2.5 Tab E: List of Subcontractors

Respondent should provide a list of Subcontractors using the templated form included as Attachment 4, Subcontractor Request Form. Additional forms may be submitted if you have more than one hundred

(100) subcontractors.

The list of Subcontractors submitted cannot include entities contracted with the Department for staff augmentation in the Petroleum Restoration Program or Administrative Services to the DWM. If the list of Subcontractors includes entities contracted with the Department for staff augmentation in the Petroleum Restoration Program or Administrative Services to the DWM the Respondents submittal will be deemed Non-Responsive.

If a Respondent's subcontractor is also a Respondent itself, the listing of them as a subcontractor will not count (loss of points) toward the staffing requirements of the Respondent that lists them as a subcontractor. No contract will be issued with key personnel, including subcontracted key personnel, included in multiple submittals for this solicitation. If key personnel, including subcontracted key personnel, are included in multiple Respondent’s submittals those submittals will be negotiated.

3.4.3 Volume III, Sealed Price Response

The Respondent must complete and submit the Form D, Price Sheet, using the instructions provided.

The Price Sheet is to be organized as directed on the Form and must contain complete responses to all items in the Initial Contract Term Rates Submittal and the Renewal Contract Term Rates Submittal tabs.

If a portion of any section is omitted, the Price Sheet will be deemed Non-Responsive.

The Respondent must enter a numeric rate, within the lower and upper stated limits, expressed to two

(2) decimal places only. If the entered rate falls below the specified lower limit, exceeds the specified upper limit, is zero, left blank, or contains more or less than two (2) decimal places, the Price Sheet will be deemed Non-Responsive. The only exception is that a rate of zero is allowed for Pay Item 8-72. If the formatting in the price sheet is altered, the Price Sheet will be deemed Non-Responsive. In addition, if a rate is not provided for every line item for each year, the price sheet will be deemed Non-Responsive.

Rates submitted are ceiling rates that may be quoted at a lower rate per Task Assignment (TA) or Purchase Order (PO).

If a portion of any section of the Price Sheet is omitted, the Price Sheet will be deemed Non-Responsive.

Vendors should provide their sealed price response as follows:

a. One (1) original paper/hard bound response

b. One (1) electronic response submitted in CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard bound submittal.

This price sheet must be included in both the electronic response (original Excel format) and the hard copy response (the print area is already pre-set for this worksheet). Electronic files should be logically named and easily mapped to the hard copy submittal.

3.5 Economy of Presentation

Responses must be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this Solicitation without the use of marketing materials, white papers, fancy or flashy graphics, case studies, or other promotional materials. The emphasis of each Response should be on completeness and clarity of content.

3.6 Confidential…