Addendum No. 2 - Revised RFP 2024001_08.16.23.pdf

Addendum No. 2 – Revised

Request for Proposals (RFP)

For

Petroleum Contamination Site Response Action Services

RFP 2024001

Procurement Officer:

Lori L. Anderson, FCCM, FCCN Purchasing Analyst, Department of Environmental Protection Bureau of General Services - Procurement Section

3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Email: Lori.L.Anderson@FloridaDEP.gov

Addendum No. 2 - Revised RFP 2024001

Petroleum Contamination Site Response Action Services

Rev.7/18/22

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 RFP Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the RFP

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the RFP

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, Price Sheet

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Award Preferences for Equal Scores (Ties)

6.3 Recommendation of Award

6.4 Posting of Decision

6.5 Execution of Contract

6.6 Failure to Perform the Contract

1 Introduction Under its authority via chapter 376, Florida Statutes, the Florida Department of Environmental Protection (the Department or FDEP) hereby issues this Request for Proposals (RFP) to contract 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 RFP.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Petroleum Contamination Site Response Action Services, hereby incorporated by reference. The Department intends to make a regional award (see Agency Term Contracts Regions), however the Department reserves the right to award to one Respondent or multiple Respondents by region, 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 FDEP 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 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 discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.4 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/documents_forms_references _resources/state_purchasing_pur_forms. The following definitions apply to this RFP:

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

https://floridadep.gov/waste/petroleum-restoration/documents/agency-term-contracts-regions-2023 https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/state_purchasing_pur_forms

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.

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

State - The State of Florida.

1.5 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this RFP 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 RFP.

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this RFP 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.

1.7 Special Accommodations

Any person requiring a 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.

1.8 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

RFP Advertised 7/10/23 N/A Vendor Information Portal

Questions Due 7/24/23 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

8/14/23 Vendor Information Portal https://vendor.myfloridamarketplace.com/

Responses Due 9/5/23 3:00 PM

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

Public Opening 9/6/2023 10:00 AM

Teleconference by calling 1 850.629.7330

Phone Conference ID: 140 747 473# The number will be active 5 minutes before the meeting.

References Contacted Between:

Telephone and/or Email 9/25/23 10/16/23

Award Date (Anticipated)

On or about:

11/7/23 Vendor Information Portal

*All times are Eastern Time Zone.

1.9 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 RFP 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 Required Documentation for Invoicing 5 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

2 RFP Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire RFP, 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 RFP to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this RFP, 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 RFP 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 RFP

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

2.3.1 Solicitation Phase

2.3.1.1 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the RFP to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the RFP.

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:

RFP Section RFP Page # Question

2.3.1.2 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.

2.3.1.3 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.8. 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 the Timeline. The Department will make up to two (2) attempts to call before making one attempt to contact the references by email. If the contact person cannot be reached following the three (3) attempts, or if the Respondent fails to provide a reference, the Respondent will receive a score of zero (0) for 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 pricing for professional services will not be used for an award.

2.3.3.4 Compilation of Scores

After the evaluation phase, the Procurement Officer will compile the final evaluation scores and use them to develop the recommendation of award.

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 RFP. Responses failing to conform in all material aspects to the requirements included in this RFP are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

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 RFP

The Department reserves the right to modify this RFP by issuing addenda and/or amendments. All changes to the RFP 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 RFP 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 RFP 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 RFP 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.

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. 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 RFP. 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 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.

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 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 http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

The terms of the PUR1001 are controlling for this RFP, 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 6.1 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.

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 76131700 Oil spill cleanup 76131701 Oil residue disposal or control services http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

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.

3.4 Response Content Requirements

Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below:

Volume Name Copies Volume I Business Response One (1) Original Volume II Technical Response One (1) Original Volume III Price Sheet One (1) Original CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic Copy 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:

Form A, Business Response Form Form B, Foreign State Preference Opinion Form Form C, Client Reference Form

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, for the Respondent (not intended subcontractors) and must provide the required information for a minimum of five (5) separate and verifiable projects for Clients to whom Respondent have provided petroleum remediation services of similar scope and size as those identified in the RFP which have been completed in the last eight (8) years. The five (5) completed Client Reference Forms shall be attached in this Tab. If the Respondent holds a current petroleum contamination site response action services contract with the Department, the Respondents shall use the Department for one of the references for each contract it currently holds with or two of the references if they have a current contract with the Department for petroleum response services. Respondents cannot list the Department as a reference for current or former contracts, other than the current petroleum response contract referenced above. For the Department references, the Respondent will include the Respondent Name, Solicitation Number, Contract Number, Client Name and Contract Number in the Client Name field and the Department will identify the highest cost project performed under the contract that was completed to a closure endpoint under the contract.

If there is not a project that was completed to a closure endpoint under the contract, then a project with the highest cost paid under the contract will be chosen. If the Respondent holds a current contract with the Department for petroleum response services and does not submit a Form C for that Contract, they will receive a zero out of the 30 points for one of the Client References for each contract for which a form was not submitted.

Respondent gives 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 Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

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 shall be deemed Non-Responsive at the sole discretion of the Department.

Volume II Technical Response Tab A Introduction

Volume II Technical Response Tab B Background and Organizational Structure Tab C Qualifications and Experience Tab D Quality Assurance Plan Tab E List of Subcontractors

3.4.2.1 Tab A: Introduction

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 and Organizational Structure

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, and contracted staff.

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. The resume or curriculum vitae for the proposed key personnel (identified in the Attachment 3, Scope of Work Appendix), project manager and principal point of contact must be provided;

a) 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 provided.

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 5, Subcontractor Request Form.

3.4.3 Volume III, Price Sheet

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. If a portion of any section is omitted, the Price Sheet will be deemed Non-Responsive. If a rate is not provided for every line item for each year, the price sheet will be deemed Non-Responsive.

The Department has divided the state into three (3) Regions, see Agency Term Contracts Regions.

Respondent is required to provide rates for each Region for which the Contractor seeks to perform.

Respondent may provide a response for one (1) or more Regions of their choice.

This worksheet must be included in both the electronic proposal (original Excel format) and the hard copy proposal (the print area is already pre-set for this worksheet).

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 Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt under chapter 119, F.S., or other authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted copy of the materials the Respondent claims as Confidential Information or exempt and in an index, as described in section 3.6.1.

The Respondent shall mark the unredacted version of the document as “Unredacted version – contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

https://floridadep.gov/waste/petroleum-restoration/documents/agency-term-contracts-regions-2023

In addition, the Respondent should submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. In addition, the Department will follow the procedures described in Attachment 4, Public Records Requirements, of the Draft Contract.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions of its Response are Confidential Information or otherwise not subject to disclosure. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

4 Scope of Work

4.1 Scope of Work

The contractor shall provide petroleum contaminated site response action services (Services) to the Department of Environmental Protection (DEP, FDEP, or Department) for the PRP. These Services cover a broad range of activities in the general categories of contaminated site assessment, remedial options and design, remedial action implementation, and well abandonment, site restoration, and site closure.

The required tasks and activities will be assigned via a Task Assignment or Purchase Order and must be performed in accordance with Chapter 62-780, Florida Administrative Code (F.A.C.) and associated guidance documents as well as the Petroleum Procedure Guidance Documents and Forms listed in the Scope of Work Appendix (Attachment 3).

The sampling, field testing and laboratory analyses performed under this Contract shall be performed in compliance with the requirements set forth in Chapter 62-160, F.A.C., and per Tab D Quality Assurance Plan.

4.2 Definitions

In this Contract, the following terms shall be defined as set forth below:

All definitions contained within chapters 376 and 287, Florida Statue (F.S.) and in Chapters 62-160, 62- 532, 62-771, 62-772, 62-777, and 62-780, F.A.C. are applicable to this Scope of Work.

Agency Term Contract (Contract): An agreement between the Department and a Contractor whereby the Contractor agrees to provide an indefinite quantity of commodities or contractual services, on an indefinite delivery schedule, over a specified period of time. Term contracts issued by the Department may also be referred to as an Agency Term Contract. (62-772.200(b) F.A.C.)

Agency Term Contractor (ATC): A contractor who has been awarded an Agency Term Contract by the Department to provide petroleum contamination site response action services.

Consultant: Agency Term Contractor (ATC) or another qualified contractor.

Contractor’s Project Manager: The person designated by the Contractor’s Program Manager to manage the contaminated site and interact directly with the DEP’s Site Manager on all issues pertaining to the purchase order/task assignment.

DEP Contract Manager: Department-assigned individual who manages specific contracts and is responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. (section 287.057(14), F.S.)

Division of Waste Management (DWM): A division within the Department which includes the PRP.

Facility Identification Number (FAC ID#): A nine-digit numbering system which assigns a unique number to each known registered Petroleum Contamination Source Property. This numbering system is generated by the Department.

Field Activities: Including but not limited to site assessment, remedial action, monitoring and site restoration activities taking place on location and not with an office setting.

Inspection: In person observation of the work being performed at a facility.

Institutional Control Registry (ICR): A registry of real properties prepared by FDEP to assist with tracking those properties upon which an institutional control has been imposed pursuant to the provisions contained in chapters 376 or 403, F.S. and to allow the public and local governments to monitor the status of those controls. See section 376.303(6), F.S. The Registry website address is https://floridadep.gov/waste/waste/content/institutionalcontrols-registry.)

Low-Scored Site Initiative (LSSI): A voluntary site rehabilitation program for petroleum contaminated sites with a priority ranking score of 29 or less. See subsection 376.3071(12)(b), F.S.

MyFloridaMarketPlace (MFMP): The State’s electronic procurement system which provides a web-based medium for Customers to exchange products and services. MFMP allows vendors to register to receive notification of competitive solicitation: awarded Vendors to list catalogs of products; and State agencies and Eligible Users to solicit, search, and purchase products; place orders; approve purchases;

reconcile invoices; and approve payment all within one system. Users of MFMP can create solicitations in the Sourcing application, and the Analysis application allows for spend analysis and reporting.

OCULUS: Official and public database for PRP documents and records.

(https://depedms.dep.state.fl.us/Oculus/servlet/login)

Offsite: Properties other than the source property.

Operation and Maintenance (O&M): Operation and maintenance of the equipment used during active remediation.

Petroleum Contaminated Site: (Contaminated Site, Petroleum Contaminated Site or Site): Any contiguous land, sediment, surface water, or groundwater area upon or into which a discharge of petroleum or petroleum products has occurred or for which evidence exists that such a discharge has occurred.

Petroleum Restoration Program (PRP): The PRP is a DEP program within the DWM that encompasses the technical oversight, management, and administrative activities necessary to prioritize, assess, and cleanup sites contaminated by discharges of petroleum and petroleum products.

Primary Subcontractor: A subcontractor that will be used to perform professional services under the contract.

Professional Engineer (PE): An individual licensed to practice engineering in Florida pursuant to chapter 471, F.S.

Professional Geologist (PG): An individual licensed to practice geology in Florida pursuant to chapter 492, F.S.

https://depedms.dep.state.fl.us/Oculus/servlet/login

Property Owner or Real Property Owner: The individual or entity that is vested with ownership, dominion, or legal or rightful title to the property, or which has a ground lease interest in the real property, on which a petroleum discharge has occurred.

Purchase Order (PO): Purchaser’s authorization used to formalize a purchase transaction with a vendor.

Request for Change (RFC): Changes to an existing purchase order or task assignment.

Site Inspection: An in person or physical field inspection of a site.

Secondary 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.

Site Manager: The person assigned by PRP that is responsible for all aspects of oversight, management, and communication with the Consultant performing the rehabilitation work for a petroleum contaminated site. The Site Manager may be a contracted employee of the Department.

Source Property: The property on which the discharge originally occurred.

Stakeholder: An entity whose interests are affected by the Department’s actions during the cleanup process.

Task Assignment: A signed agreement that may be used to contract work under a Master Agreement contract.

Task Assignment Change Order: Changes to an existing Task Assignment, by making a change to the Task Assignment.

Work Assigned: The Scope of Work assigned by the Department to the Consultant for completion under a purchase order or task assignment.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

4.3 Contractor Responsibilities

4.3.1 Deliverables. The deliverables and schedule will be specified in the Task Assignment issued by the Department.

4.3.2 Schedule. The schedule will be specified in the Task Assignment issued by the Department.

4.3.3 Performance Measure. Submitted deliverables will be reviewed by the Site Manager to confirm that all work was performed in accordance with the Specifications referenced above. The Site Manager will notify the Contractor of acceptance or any deficiencies in the work and/or deliverables. The Contractor will be given an opportunity to remedy deficiencies at no additional cost to the DEP. In accordance with Chapter 62-772, F.A.C., the Department shall evaluate contractor performance after completion of each task assignment or purchase order utilizing the adopted forms.

4.3.4 Scope of Work Activities. The Contractor shall provide the following services for each task listed below.

I. Site Assessment Phase:

A. Task Examples:

The Contractor will perform all aspects of assessing a petroleum contaminated site in accordance with applicable rules (such as Chapter 62-780, F.A.C.) and guidance of the DEP and other government entities (as listed in Scope of Work Appendix Section A), including general coordination and communication with all stakeholders during the project, researching the history and background of the contaminated site, identifying potential receptors and health risks, determining the chemicals of concern present with their concentrations and the vertical and horizontal extent of the contaminant plume in all affected media, determining the lithologic and hydrogeologic parameters that affect the migration of contaminants, identifying contamination that may have migrated or be located off the property that is considered the source of the contamination, identifying parties (real property owners, tenants, etc.) that may be affected by the contamination, evaluating site closure options, and preparation of associated reports to be submitted to the Site Manager in accordance with the Task Assignment.

A site assessment of a contaminated site in full compliance with all applicable rules and laws. Steps that may be required will be listed in the Task Assignment document more specifically, and may include, but are not limited to the following:

1) Review existing and historical records of the contaminated site (including the property suspected to be the source of the contamination and all parcels onto which the contamination is located), prior site assessment and cleanup activities, state funded expenditures, and state funding eligibility status.

2) Prepare a site-specific Health & Safety Plan (See Scope of Work Appendix OSHA’s HAZWOPER Standards pursuant 29 CFR 1910.120). For deliverable see 4.7 – 1.2, SOW.

3) Identify contaminant sources, potential receptors, and exposure pathways.

4) Coordinate and conduct pre-drilling meeting with necessary stakeholders per Guidance listed in Attachment 3, Scope of Work Appendix.

5) Conduct site reconnaissance and obtain offsite access agreements from nearby property owners if needed and obtain required state and local government permits and applicable utility clearance for site assessment activities.

6) Install soil borings, temporary sampling points, piezometer and monitoring wells and conduct soil screening and field testing, including equipment calibration pursuant to DEP Quality Assurance Program Field SOPs (DEP-SOP-001/01).

7)…