Addendum No. 2 – Revised RFP 2026010.pdf

ADDENDUM NO. 2 - REVISED

Request for Proposals (RFP)

For

Re-Advertisement for Petroleum Products Corporation Superfund Site Remedial Action

Services

RFP 2026010

Procurement Officer:

Sabina Flanagan Purchasing Analyst, Department of Environmental Protection Bureau of Procurement & Contracting Services - Procurement Section

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

Email: Sabina.Flanagan@FloridaDEP.gov@FloridaDEP.gov

Re-Advertisement for Petroleum Products Corporation Superfund Site Remedial Action

Rev. 07/30/24

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 Department’s Responsibilities

4.5 Enforcement

5 Evaluation Criteria

5.1 Evaluation Criteria

5.2 Evaluation of Volume I, Past Performance

5.3 Evaluation of Volume II, Technical Response

5.4 Evaluation of Volume III, Rate Schedule

5.5 Available Points

5.6 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Florida-Based Business Preference

6.3 Award Preferences for Equal Scores (Ties)

6.4 Recommendation of Award

6.5 Posting of Decision

6.6 Execution of Contract

6.7 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Request for Proposals (RFP) to contract for Re-Advertisement for Petroleum Products Corporation Superfund Site Remedial 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 Re- Advertisement for Petroleum Products Corporation Superfund Site Remedial Action Services, hereby incorporated by reference. The Department intends to make a single 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

The former Petroleum Products Corporation (PPC) Superfund Site (the “Site”) reprocessed used waste oil using two phase distillation product including sulfuring acid/clay treatment to produce fuel oil and lubricating oils for resale. PPC operators disposed of waste oil and sulfuric acid waste in unlined open pits. On-site waste disposal resulted in extensive gross contamination of soil and groundwater with solvents, sulfuric acid, and heavy metals. The U.S. Environmental Protection Agency (EPA), under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) placed this site on the National Priority List (NPL) and determined it a Superfund site in 1986. In 1990, the PPC site was determined eligible through an Administrative Order for the Early Detection Incentive (EDI) Program. This determination provided eligibility for funding under the Inland Protection Trust Fund (IPTF) through the Petroleum Restoration Program (PRP). The PPC site is the only site in Florida that is both a Superfund site and eligible for IPTF funding.

The EPA and the Department’s Waste Cleanup Program (WCP) have been coordinating the environmental assessment and cleanup at this Site for over 30 years. In 2021, the EPA signed the Record of Decision (ROD), with DEP concurrence, for this Site’s selected Remedial Action (RA) for soil and the contaminated source area. The RA will include several phases of work that will include demolition of warehouses, excavation and in-situ stabilization/solidification, handling and disposal of contaminated material, permitting, and construction water management.

The Site is located in a densely urban area of Broward County at 3150 W Pembroke Road, Pembroke Park, FL 33009. Land use surrounding the PPC property is predominantly commercial with some residential property use. The site includes several large warehouses units that are used for commercial/private storage, and small businesses e.g., shooting range, restaurant, painters, repair shops, cabinet makers, woodworking, and manufacturing. The Bamboo Trailer Park is located immediately south of the PPC Site.

EPA is the lead agency for the Superfund RA at this Site and DEP is the support regulatory agency. DEP is issuing this RFP to secure a contract to complete RA activities in accordance with the IPTF eligibility, CERCLA, and state environmental cleanup regulations (Chapter 62-780, Florida Administrative Code (F.A.C.).

Site files are available for background on the Superfund Site cleanup through DEP’s Information Portal provided at the below link and Facility/Site ID # ERIC_3796. Potential respondents are strongly encouraged to review the Site file at the below link.

General Site Files:

• https://prodenv.dep.state.fl.us/DepNexus/public/electronic-documents/ERIC_3796/facility!search

Potential respondents must review Attachment 9, Petroleum Products Corporation Design Technical Specifications and Final Design Drawings of the Draft Contract (Attachment 9), dated December 27, 2023, approved on January 25, 2024, and updated November 21, 2025.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will be five (5) year(s) with up to three (3) 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/state_agency_resources/state _purchasing_pur_forms. The following definitions apply to this RFP:

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

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.

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

State - The State of Florida.

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

Subcontractor – Any subcontractor(s) that will be used for services which the Respondent/Contractor intends to use for the term of the Contract.

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/.

1.5 Draft Contract

The awarded Respondent 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.

https://prodenv.dep.state.fl.us/DepNexus/public/electronic-documents/ERIC_3796/facility!search https://prodenv.dep.state.fl.us/DepNexus/public/electronic-documents/ERIC_3796/facility!search 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

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 2/19/26 N/A Vendor Information Portal

Registration Deadline for upcoming Mandatory Pre- Response Conference

03/02/26 5:00 PM

All Respondents must email the Procurement Officer to register for the Mandatory Pre-Response Conference by the identified deadline. Failure to register before the deadline may result in the Respondent not receiving an invitation to the Mandatory Pre-Response Conference.

Mandatory Pre-Response Conference 3/5/26 9:30 AM

The Mandatory Pre-Response Conference will be held virtually. Meeting information will be provided by the Department upon registration. Respondents who fail to attend or who are not represented at the Mandatory Pre-Response Conference will be determined non-responsive.

Questions Due 3/13/26 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

3/24/26

TBD

04/29/26

Vendor Information Portal https://vendor.myfloridamarketplace.com/

Responses Due

4/14/26

TBD

05/19/26

3:00 PM

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

Public Opening 4/15/2026

TBD

05/20/26

10:00 AM

Teleconference by calling +1 850-629-7330

Phone Conference ID: 675 662 226# The number will be active 5 minutes before the meeting.

References Contacted Between:

Telephone and/or Email 4/22/26 06/01/26

5/6/26 06/15/26

Award Date (Anticipated) On or about:

5/18/26 06/29/26

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 Sample Task Assignment Form & Sample Task Assignment Change Order Form

Form Title A Business Response Form

B -RESERVED-

C Client Reference Form D Rate Schedule E Award Preference Form F Foreign Country of Concern Attestation Form G Forced Labor Attestation Form (PUR 2024)

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 qualifications, 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.

Vendors who have provided environmental design or remediation services on this Site after August 2021 are not eligible for an award due to a conflict of interest.

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 Pre-Response Conference and Site Visit (If Applicable) 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 RFP. 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 RFP to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the RFP. No question will be answered/considered after the deadline.

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

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

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.3; 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 1.8. 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 Rate Schedule Evaluation

The Procurement Officer will review the Rate Schedule and apply the scoring criteria as contained in the Evaluation Criteria in Section 5. The Rate Schedule must contain complete responses for all items. If the formatting of the Rate Schedule is altered in any way, including the addition of assumptions, contingencies, or additional terms, then the Rate Schedule will be deemed to be Non-Responsive.

The Rate Schedule (both the Initial Contract Term tab and the Renewal Contract Term 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 Contract Term tab and the Renewal Contract Term tab, in accordance with guidance above, will result in the Rate Schedule (and the response) being deemed Non-Responsive and cannot be cured by the Department in the Administrative Cure Process.

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 set forth in this RFP, including the requirement set forth in Form D, Rate Schedule. Responses failing to conform in all material aspects to the requirements included in this RFP, including the requirement set forth in Form D, Rate Schedule are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

This is a request for proposals. The proposal must not include any proposal to negotiate, or any proposed terms and conditions that supersede, conflict with, take exception to, supplement, or materially change, the terms and conditions set forth in this RFP or the documents that will comprise the Contract. Any questions regarding the terms, conditions, or requirements of this RFP or the Contract can be raised during the Question and Answer Period described in Section 2.3.1.2 of this RFP.

Respondents that fail to comply with the requirements of this paragraph may, at the sole discretion of the Department, be deemed to be Non-Responsive.

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 the successful Respondent. 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 Rate Schedule 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.

Vendors who have provided environmental design or remediation services on this Site after August 2021 are not eligible for an award due to a conflict of interest.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that it is in the best interest of the State, the Department 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 the 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

The Respondent shall be a Qualified Business Organization (QBO) as defined pursuant to Rule 61G15- 20.100, Florida Administrative Code, (F.A.C.) and Section 471.023, F.S., and shall submit documentation of professional licenses from the Florida Board of Professional Engineers showing that the Respondent is a current QBO. Documentation for a QBO shall include a screenshot from the Florida Department of Business & Professional Regulation (DBPR) website showing the current licensee information for the QBO. As determined by the Department, any Respondent that is not a QBO prior to submitting a response, or fails to adequately demonstrate that it is a QBO prior to submitting a response, shall be deemed Non-Responsible and shall be ineligible for an award of a contract.

Any Engineer of Record, as defined pursuant to Rule 61G15-30.002(1), F.A.C., providing services to the Department pursuant to the Contract shall be an employee of the Respondent. Subcontractor employees shall not serve as an Engineer of Record.

The selected Respondent must be otherwise properly licensed to do business within the State, and all legal entities must be appropriately registered with the Florida Department of State.

Any “joint venture” submitting a response must be organized as a separate business organization pursuant to, and in compliance with, chapters 605 through 623 of the Florida Statutes, and appropriately registered as such with the Florida Department of State. A joint venture submitting a response must be a separate legal entity from any of the member firms of the joint venture and a QBO as defined above. Any Engineer of Record providing services to the Department through the joint venture Respondent must be an employee of the joint venture legal entity and QBO. Any joint venture that does not meet the requirements of this paragraph shall be deemed Non-Responsible and shall be ineligible for an award of a contract. A joint venture member firm’s separate status as a registered Florida legal entity, a QBO, or the employer of an Engineer of Record is insufficient to meet the requirements of this paragraph.

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 Development (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 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 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, 2.14 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 76121900 Hazardous waste disposal 77101700 Environmental advisory services 70131700 Land and soil management 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 https://vendor.myfloridamarketplace.com/

81101514 Geotechnical or geoseismic engineering

3.2 Pre-Response Conferences and/or Site Visits

The Department will hold a mandatory Pre-Response Conference for Respondents to ask questions informally. The conference shall be held virtually in Microsoft Teams. All prospective Respondents intending to submit a Response must attend the conference as scheduled. Failure to attend shall preclude a prospective Respondent from submitting a Response. If a Respondent submits a Response and does not attend the conference, that Response will be deemed Non-Responsive and will not be considered for award. The Respondent must email the Procurement Officer by the date and time indicated in Section 1.8, Timeline of Events to register for the mandatory Pre-response Conference.

Once the Respondent has confirmed their attendance, a confirmation email will be sent, providing Microsoft Teams instructions and information to attend the conference.

Any answers to questions given at the conference are not binding and do not alter the RFP. Only questions submitted in accordance with the instructions contained within Section 2.3.1.2 and answered on the VIP are considered binding.

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.

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

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 Rate Schedule 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 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. For joint venture Respondents only one Form A should be submitted that includes information related to only the separate joint venture legal entity (See section 2.17, above).

Respondents must complete Form C, Client Reference Form, for the Respondent (not intended subcontractors) and must provide the required information for a minimum of three (3) separate and verifiable projects which have been completed within the last fifteen (15) years of similar scope and size as those identified in the RFP. Projects performed for confidential clients shall not be included. The three (3) completed Client Reference Forms shall be included in Tab B. Joint venture Respondents (see section 2.17, above), must submit only three (3) Client Reference Forms for projects completed by the separate joint venture legal entity and QBO. Client references related to projects completed by separate member firms of a joint venture will not be considered by the Department.

Respondents shall complete and submit one (1) Client Reference Form per reference. Do not submit more than three (3) Client Reference Forms. Additional client references will not be reviewed. The client contact information for all three (3) Client Reference Forms must not be the same entity. One (1) client contact must be different and not associated with the same company as the other two (2) client contacts listed on each Client Reference Form.

Projects that the Respondent has completed for firms that are listed as subcontractors in their response package will not be accepted as Past Performance references under this solicitation. Projects that the Respondent has completed for organizations having any affiliation with the Respondent (i.e., under common ownership, having common directors, officers, or agents, or sharing profits or liabilities) will not be accepted as Past Performance reference under this solicitation.

In the event that the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time that the work was performed must be given within Form C, Client Reference Form.

Failure to provide the required information for three (3) separate and verifiable projects which have been completed within the last fifteen (15) years shall result in zero (0) points for that Client

Reference Form. Failure to provide a different client contact for at least one of the three (3) Client Reference Forms (i.e., at least one client contact must be different from the other two) will result zero

(0) points assigned for the Client Reference Form that is submitted for Client #3.

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

Respondents must complete Form F, Foreign Country of Concern Attestation.

Respondent must complete Form G, (PUR 2024) - Forced Labor Attestation Form.

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 may be deemed Non-Responsive at the sole discretion of the Department. For joint venture Respondents, the information provided in this volume must reflect the qualifications, capabilities, and commodities/contractual services of the separate joint venture legal entity and QBO (see section 2.17, above).

Volume II Technical Response Page Limit Tab A Introduction Four (4) Tab B Background and Organizational Structure Four (4) Tab C Qualifications and Experience of Key Personnel None Tab D Quality Assurance Plan None

3.4.2.1 Tab A: Introduction

Respondents shall 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 shall provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This information must include years in operation and years involved in work related to this Solicitation. The information must also include the Respondent’s experience in conducting remedial action work under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Superfund Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA).

3.4.2.3 Tab C: Qualifications and Experience of Key Personnel Respondents shall present the qualifications of the Respondent and the Respondent’s key personnel.

The Respondent shall submit documentation of professional licenses from the Florida Board of Professional Engineers showing that the Respondent is a current QBO. Documentation for a QBO shall include a screenshot from the DBPR website showing the current licensee information for the QBO as indicated in Section 2.17, Licensure & Registration.

Key personnel shall include at a minimum the following:

• One (1) Contractor’s Engineer of Record

• One (1) Contractor’s Project/Contract Manager

• One (1) Construction Manager

• One (1) Field Engineer

• One (1) Hazardous Materials Specialist

• One (1) Soil Mixing Specialist

The following topics shall be addressed:

a) Each Key Personnel 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 including the Contractor’s Engineer of Record, Contractor’s Project/Contract Manager, Construction Manager, Field Engineer, Hazardous Materials Specialist, and Soil Mixing Specialist, must be provided. The Soil Mixing Specialist shall be present during the soil mixing operations and shall not be assigned dual functions of Key Personnel or be part of the Sampling Team identified under Section 3.4.2.4 below.

b) Documentation for the following Key Personnel must be provided:

i. The Engineer of Record shall be a Professional Engineer licensed in the State of Florida and must be employed by the Respondent/Contractor (not subcontractor).

ii. The Soil Mixing Specialist shall be a Professional Engineer licensed in the State of Florida.

c) Respondent’s number of years of experience implementing large-scale, complex environmental remedial actions at contaminated sites.

d) Respondent’s experience in conducting In-situ soil stabilization/solidification (ISS) using large diameter augers (LDAs).

e) Respondent’s experience in conducting site remediation in locations where building demolition and/or structural support was required prior to the remedial action.

f) The Respondent must provide a list of the Subcontractors which the Respondent intends to utilize and for whom the Respondent has identified qualifications and experience in their proposal.

3.4.2.4 Tab D: Quality Assurance Plan

Respondents shall provide a Quality Assurance Plan that shall, at a minimum, include the following:

1. Organization of assigned tasks:

i. The following activities will be performed by the Contractor: Specify Sampling Team members and describe all the tasks assigned to them. Include each Sampling Team member’s experience and examples of how the assigned tasks will be performed.

ii. The following activities will be performed by the Subcontractor(s): Specify the Subcontractor(s) and their Sampling Team members and describe all the tasks assigned to them. Include each Sampling Team member’s experience and examples of how the assigned tasks will be performed.

2. Sampling Team members’ training and certifications shall be provided

3. Tests and testing procedures that will be used to demonstrate the ISS performance criteria has been met.

4. Chain of custody procedures for all treatability, design, compliance, and monitoring samples shall be provided.

5. Assessment and Corrective action procedures for quality control failures shall be provided.

6. Examples of calibration logs and field forms shall be provided

7. Sample equipment decontamination procedures shall be provided.

8. Sample equipment maintenance procedures and examples of maintenance logs shall be provided.

3.4.3 Volume III, Rate Schedule

The Respondent shall complete and submit the Form D, Rate Schedule, without alteration, using the instructions provided. The Rate Schedule 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 Rate Schedule may be deemed Non-Responsive at the sole discretion of the Department. The Respondent must not submit their own forms, including quote forms or other documents, in lieu of Form D.

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.

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…