FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

MARJORY STONEMAN DOUGLAS BUILDING

3900 COMMONWEALTH BOULEVARD

TALLAHASSEE, FLORIDA 32399-3000

RICK SCOTT

GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

October 3, 2013

Prospective Contractor

Subject: DEP Solicitation Number 2014004C

Invitation to Negotiate (ITN) for Petroleum Contamination Site Response Action Services

This is an ITN to select contractors for Petroleum Contamination Site Response Action Services.

The ITN package consists of this transmittal letter and the following attachments:

Attachment A - DEP Solicitation Acknowledgement Form Attachment B - General Instructions for the Preparation and Submission of

Responses for Petroleum Contamination Site Response Action Services

Attachment C - Scope of Services Attachment D - Regions for Petroleum Contamination Site Response Action

Contracts Attachment E - Schedule of Pay Item Prices Attachment F - Key Personnel Resume Format Attachment G - Certification Regarding Scrutinized Companies List Attachment H - Certification of Drug Free Workplace Attachment I - Evaluation Criteria Attachment J - ITN Response Checklist Attachment K - Respondent/Subcontractor Summary Form Attachment L - Proposed Contract

Your response should comply fully with these instructions which describe what is to be included in the response. Prospective contractors submitting a response to this solicitation shall identify the solicitation number, region, date and time of opening on the sealed envelope or package transmitting their response. This information is used only to put the DEP's mailroom on notice that the package received is a response to a DEP solicitation and therefore should not be opened but delivered directly to the DEP Procurement Section.

This solicitation does not obligate DEP to pay any costs incurred in the preparation and submission of a response or to procure or contract for said services or supplies. The Secretary of the DEP or his written designee are the only individuals who can commit the DEP to the expenditure of funds in connection with any contract resulting from this solicitation.

Prospective Contractor October 3, 2013

The designated DEP Procurement Section representative for this solicitation is the undersigned.

All communications related hereto should cite the subject solicitation number and be directed to my attention at the address provided in Attachment B, Section B.6.

Sincerely, Ruth Heggen

Ruth Heggen Procurement Administrator

RH/rh

Attachments

Attachment A

DEP SOLICITATION ACKNOWLEDGEMENT FORM

DEP Solicitation No. 2014004C, Attachment A, Page 1 of 5

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

INVITATION TO NEGOTIATE

CONTRACTUAL SERVICES

Page 1 of 183 Pages SUBMIT PROPOSAL TO:

Department of Environmental Protection Procurement Section, Douglas Building, Room 438 3900 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000 Telephone Number: 850-245-2361

AGENCY RELEASE DATE:

OCTOBER 3, 2013

SOLICITATION TITLE: SOLICITATION NO:

PETROLEUM CONTAMINATION SITE RESPONSE

ACTION SERVICES 2014004C REGION THIS REPONSE IS

FOR:____________________

PROPOSALS WILL BE OPENED:

@ 3:00 p.m. on Thursday, November 7, 2013 for the North Region; @ 3:00 p.m. on Thursday, November 14, 2013 for the Central Region; and, @ 3:00 p.m. on Thursday, November 21, 2013 for the South Region and may not be withdrawn within 180 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS:

CITY – STATE – ZIP:

*AUTHORIZED SIGNATURE (MANUAL)

PHONE NUMBER:

FREE NUMBER:

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL ADDRESS:

FEID NO.: *This individual must have the authority to bind the respondent.

TYPE OF BUSINESS ENTITY (Corporation, LLC, partnership, etc.):

I certify that the material terms and the proposed prices contained in this response to this Invitation to Negotiate (this Solicitation) have been kept confidential by the Respondent (and all people and entities affiliated with this Respondent who have or may have had knowledge of the same) and that, to the best of my knowledge, they have not been disclosed to any third party including, but not limited to, any other respondent to this Solicitation. Further, I certify that the prices proposed herein were arrived at and submitted without prior understanding, agreement, or in cooperation with any other entity submitting a response to this Solicitation, or to induce an entity to forbear from filing a response, and that this response is in all respects made without collusion or in an effort to perpetrate a fraud on the agency.

I certify that I am authorized to sign this response to this Solicitation for the Respondent and that the Respondent is in compliance with all requirements of this Solicitation; including, but not limited to, the certification requirements contained in this Solicitation as well as those contained above. In submitting this response, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Respondent.

I certify that the Respondent understands that it must be determined to be a “qualified contractor” as defined in Section B.7 of Attachment B by the DEP on the date of opening of solicitation responses (and on the date of contract award) and that failure to be qualified on the date of solicitation opening shall result in the response being deemed nonresponsive and, therefore, rejected.

Respondent agrees to abide by all conditions of this Response and, if selected, to perform in accordance with all terms of the Solicitation and any contract arising there from.

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number and e-mail address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

PHONE NUMBER: PHONE NUMBER:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

DEP Solicitation No. 2014004C, Attachment A, Page 2 of 5 Draft BPSS ITN-10213 rh

PUR 1001 – GENERAL INSTRUCTIONS TO RESPONDENTS

1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this solicitation. The following additional terms are also defined:

(a) "Buyer" means the entity that has released the solicitation.

(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.

(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.

(d) "Response" means the material submitted by the respondent in answering the solicitation.

(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.

2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly.

3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes:

• an electronic signature on the response, generally,

• an electronic signature on any form or section specifically calling for a signature, and

• an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

NOTE: This section is superseded by Section B.6 in Attachment B. Electronic submission of proposals is not required and will not be accepted.

4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:

• Technical Specifications,

• Special Conditions,

• Instructions to Respondents (PUR 1001),

• General Conditions (PUR 1000), and

• Introductory Materials.

The Buyer 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 respondent’s response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. NOTE: This section is superseded by Section B.34 in Attachment B.

5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the

Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. NOTE: This section is superseded by Section B.8 in Attachment B.

6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.

7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

• submitting a bid on a contract to provide any goods or services to a public entity;

• submitting a bid on a contract with a public entity for the construction or repair of a public building or public work;

• submitting bids on leases of real property to a public entity;

• being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and

• transacting business with any public entity in excess of the Category Two threshold amount ($35,000) provided in section 287.017 of the Florida

Statutes.

8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not:

• submit a bid on a contract to provide any goods or services to a public entity;

• submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

• submit bids on leases of real property to a public entity;

DEP Solicitation No. 2014004C, Attachment A, Page 3 of 5

• be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; or

• transact business with any public entity.

9. Respondent’s Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so).

(a) The respondent is not currently under suspension or debarment by the State or any other governmental authority.

(b) To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

(c) To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract.

(d) The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response.

(e) The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening.

(f) The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company.

(g) Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds:

i. Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

ii. Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default.

(h) The product offered by the respondent will conform to the specifications without exception.

(i) The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions.

(j) If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State.

(k) The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response.

(l) The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent’s preparation of its bid.

(m) All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes.

10. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent’s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements.

11. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD).

DEP Solicitation No. 2014004C, Attachment A, Page 4 of 5

12. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http://fcn.state.fl.us/owa_vbs/owa/vbs_www.main_menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. NOTE: This section is superseded by Section B.10 in Attachment B.

13. Firm Response. The Buyer may make an award within sixty (60) 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 sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. NOTE: This section is superseded by Section B.20 in Attachment B.

14. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response.

15. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents.

16. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall 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.

17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest.

18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. NOTE: This section is superseded by Section B.11 in Attachment B.

19. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process.

A notice of protest of the solicitation documents shall be made within seventy-two (72) hours after the posting of the solicitation pursuant to Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Administrative Code.

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, 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, Florida Statutes. Section 28-110.005, Florida Administrative Code.

20. Headings. The headings contained herein are for convenience only, do not constitute a part of this solicitation and shall not be deemed to limit or affect any of the provisions hereof.

(PUR 1001 – 60A-1.002(7), F.A.C.)

DEP Solicitation No. 2014004C, Attachment A, Page 5 of 5

INDEX OF SUPERSEDED SECTIONS

PUR 1001 –GENERAL INSTRUCTIONS TO RESPONDENTS

1. Item 3 is superseded by Attachment B, Section B.6.

2. Item 4 is superseded by Attachment B, Section B.34.

3. Item 5 is superseded by Attachment B, Section B.8.

4. Item 12 is superseded by Attachment B, Section B.10.

5. Item 13 is superseded by Attachment B, Section B.20.

6. Item 18 is superseded by Attachment B, Section B.11.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Solicitation No. 2014004C, Attachment B, Page 1 of 25

ATTACHMENT B

TABLE OF CONTENTS

Section Page

B.1 Solicitation Number B.2 Solicitation Type B.3 Date of ITN Issuance B.4 Program Area B.5 Solicitation Timeline B.6 Response Submittal B.7 Qualified Contractor Status B.8 Questions B.9 Restriction on Communication with DEP Staff B.10 Notification B.11 Solicitation Response Contents B.12 Negotiations B.13 Confidentiality of Negotiations B.14 Description of Work Being Procured B.15 Response Regions B.16 Number of Awards B.17 Contact Term B.18 Type of Contract Contemplated B.19 Offer Acceptance Period B.20 Firm Response B.21 Disclosure B.22 Laws and Permits B.23 Prime and Subcontracting B.24 Conflict of Interest B.25 Patents and Copyrights B.26 Use of Contract by Other State of Florida Governmental Entities B.27 Vendor Registration B.28 Florida Department of State Registration Requirements B.29 Joint Ventures B.30 Number of Copies to be Submitted B.31 Elaborate Responses B.32 General Instructions for Preparation of Response B.33 Scoring B.34 Terms and Conditions

DEP Solicitation No. 2014004C, Attachment B, Page 2 of 25

ATTACHMENT B

GENERAL INSTRUCTIONS FOR THE PREPARATION

AND SUBMISSION OF RESPONSES FOR

PETROLEUM CONTAMINATION SITE RESPONSE ACTION SERVICES

B.1 Solicitation Number: 2014004C

B.2 Solicitation Type: Invitation to Negotiate (ITN)

B.3 Date of ITN Issuance: October 3, 2013

B.4 Program Area: Petroleum Restoration Program Division of Waste Management Florida Department of Environmental Protection (DEP)

B.5 Solicitation Timeline:

By Monday, October 14, 2013 @ 5:00 P.M. ET, all questions from prospective contractors must be submitted in accordance with the directions in section B.8.

By Monday, October 21, 2013 @ 5:00 P.M. ET, the DEP anticipates posting questions received and the

DEP’s answer on the Vendor Bid System (see instructions on how to get to the Vendor Bid System below).

By Thursday, November 7, 2013 at 3:00 p.m. Eastern Time (ET), prospective contractors shall submit two

(2) hard copies and two (2) electronic copies of their response to this solicitation for the North Region (see Sections B.30 and B.32 for Response preparation instructions).

By Thursday, November 14, 2013 at 3:00 p.m. Eastern Time (ET), prospective contractors shall submit two

(2) hard copies and two (2) electronic (CD-ROM) copies of their response to this solicitation for the Central Region (see Sections B.30 and B.32 for Response preparation instructions).

By Thursday, November 21, 2013 at 3:00 p.m. Eastern Time (ET), prospective contractors shall submit two

(2) hard copies and two (2) electronic (CD-ROM) copies of their response to this solicitation for the South Region (see Sections B.30 and B.32 for Response preparation instructions).

On or after 8:30 a.m. ET, on the following dates, the recommended award(s) for each Region will be posted on the Florida Department of Management Services (DMS) Vendor Bid System.

North Region (2014004C-NRAD): Monday, December 23, 2013 Central Region (2014004C-CRAD): Monday, December 30, 2013 South Region (2014004C-SRAD): Monday, January 6, 2014

To access the posted results, go to http://www.myflorida.com. Once at this site, the steps listed below should be followed to access the Vendor Bid System.

― Click on BUSINESS ― Click on "Doing Business with the State" ― Under the “Everything for Vendors and Customers” heading, click on "Vendor Bid System" ― Click on "Search Advertisements"

DEP Solicitation No. 2014004C, Attachment B, Page 3 of 25

― Under the “Agency” search field, select the “Department of Environmental Protection” and click on "Initiate Search" ― Click on the solicitation number "2014004C-NRAD", “2014004C-CRAD" or “2014004C-SRAD"

The DEP reserves the right to short list respondents deemed to be in the competitive range to conduct oral discussions prior to the final determination of contract award. If the DEP exercises the right, the short list will be posted on the Vendor Bid System at www.myflorida.com on or after the dates specified above. In the event that the DEP exercises the right to hold oral discussions, all of the participating firms will start out on an equal basis.

These dates are to be used by the prospective contractor for planning purposes and are subject to change. The DEP reserves the right to revise the solicitation timeline provided above.

Please notify the DEP Procurement Section (see above) at least ten (10) days prior to the due date for responses if an accommodation because of a disability is required in order to participate in this procurement opportunity.

B.6 Response Submittal (This section supersedes Attachment A, PUR1001, Instruction #3, Electronic

Submission of Responses.):

See the instructions for Response preparation in Sections B.30 and B.32. Electronic submission of responses is not required and will not be accepted for this solicitation. Responses may be sent by U.S. Mail, Courier, or Hand-Delivered. RESPONSES TRANSMITTED BY FACSIMILE WILL NOT BE CONSIDERED.

Responses must be received by:

Ruth Heggen Procurement Section, Room 438 Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000 Telephone Number: (850) 245-2361

NO LATER THAN 3:00 P.M. ET, on the dates specified in Section B.5 above.

All responses must be submitted in a sealed package and shall be clearly marked on the outside with the solicitation number, Region, and date/time of solicitation opening for which the response is intended. The DEP is not responsible for the premature opening or a delay in the delivery of any solicitation package which is not properly marked. It is the respondent’s responsibility to assure its response is submitted at the place and time indicated in this solicitation. Any response which is not properly marked and delivered to the specified address, which results in its inadvertent premature opening or delayed receipt by the Procurement Section, may result in its rejection.

CAUTION: A response received at the designated office after the exact time specified for receipt will not be opened, evaluated or considered for contract award.

B.7 Qualified Contractor Status

A Respondent must be determined to be a “qualified contractor” on the date of opening of solicitation responses, in order to be responsive, and on the date of contract award, in order to be considered for contract award. A “qualified contractor” is one who has submitted a Petroleum Restoration Program Contractor Qualification Form, including supporting documentation, with all required certifications

DEP Solicitation No. 2014004C, Attachment B, Page 4 of 25 signed by an officer of the company and been approved by the DEP in accordance with Section 376.30711(2) (b)-(c), F.S. The Contractor Qualification Form can be downloaded from the DEP Petroleum Restoration Program website at http://www.dep.state.fl.us/waste/categories/pcp/pages/qualified.htm .

The DEP will review the Petroleum Restoration Program list of qualified contractors as of the date of response opening, as amended by data input appearing on the following day. Respondents who are not on the list will be deemed non-responsive and therefore, rejected.

B.8 Questions (This section supersedes Attachment A, PUR1001, Instruction #5, Questions.):

Any questions from vendors concerning this ITN shall be submitted in writing, identifying the submitter, to Ruth Heggen at the address specified in Section B.6 above, by email to Ruth.Heggen@dep.state.fl.us or by facsimile to 850-245-2411, by Monday, October 14, 2013. E-mail inquiries are preferred; however a hard copy or facsimile is acceptable. All questions and/or changes to the solicitation will be posted on the DMS Vendor Bid System (VBS). It is the prospective vendor’s responsibility to periodically check the VBS. DEP bears no responsibility for any delays, or resulting impacts, associated with a prospective vendor’s failure to obtain the information made available through the DMS Vendor Bid System.

No information, other than that received in writing from and signed by the Procurement Officer, may be relied upon by a respondent.

Information on Federal Procurement Regulations, State Statutes or Rules, referred to in this solicitation, may be obtained by contacting the DEP Procurement Section referred to in Item B.6 above.

For the purposes of this solicitation, the terms respondent, offeror, consultant and contractor are used interchangeably and mean a person(s) or firm(s) submitting a response to this solicitation. The terms DEP, Department, customer, and buyer are used interchangeably and mean the Florida Department of Environmental Protection.

B.9 Restriction on Communication with DEP Staff:

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, Respondents to this solicitation or persons acting on their behalf may not contact 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 this solicitation. Violations of this provision are grounds for and may result in rejection of a response.

B.10 Notification (This section supersedes Attachment A, PUR1001, Instruction #12, Electronic Posting of

Notice of Intended Award.):

Tabulation of Results, with the recommended contract award(s) will be posted for review by interested parties at the location specified in Section B.5 above on or after 8:30 A.M., ET on the following dates:

Monday, December 23, 2013 for the North Region;

Monday, December 30, 2013 for the Central Region; and, Monday, January 6, 2014 for the South Region.

Each Tabulation of Results will remain posted for a period of seventy-two (72) hours, which does not include weekends or State observed holidays. Any Respondent who desires to protest one of the recommended contract awards must file a notice of protest and formal protest with the Procurement Section, Department of Environmental Protection, Douglas Building, Room 438, MS#93, 3900 Commonwealth Boulevard, Tallahassee, DEP Solicitation No. 2014004C, Attachment B, Page 5 of 25

Florida 32399-3000, within the time prescribed in Section 120.57(3), Florida Statutes, and Chapter 28-110, Florida Administrative Code.

B.11 Solicitation Response Contents

Regardless of whether Respondent is selected for award or successfully obtains any contract for work under this Solicitation:

A. Upon receipt by the Department, all material submitted by Respondent in response to the Solicitation shall be and become property of the Department and shall be a public record, as that term is defined in Chapter 119 Florida Statutes. Material submitted in response to the Solicitation shall be subject to disclosure and production by the Department as a public record, upon request of any person entitled thereto, thirty (30) days following the opening of the response or when the notice of intended award is posted, whichever occurs first.

B. Submittal of materials by Respondent (including, without limitation, financial, technical, proprietary, and pricing information) shall constitute its waiver of any right or claim of trade secret, copyright, confidentiality or privilege therein and of any right or claim of exemption from disclosure or reproduction of the materials by the Department as a public record.

C. Respondent agrees and does by submittal of materials in response to this Solicitation, transfer, convey and assign to the Department, without charge, a perpetual, non-exclusive, unlimited license to use, reproduce, publish or disclose any and all information contained therein; including, but not limited to, the right of the Department to incorporate the materials in any solicitation, negotiation, contract, agreement, purchase order, task order or other document, regardless of whether Respondent is a party thereto.

B.12 Negotiations:

Upon completion of the selection process, the DEP will initiate negotiations with the top ranked firm(s). The DEP reserves the right to negotiate sequentially or concurrently with competing respondents to achieve the best value for the State. The DEP reserves the right to negotiate all terms and conditions of the contract, including those stipulated within this solicitation.

A copy of the proposed contract containing all requirements is included as Attachment L. The requirements contained in the proposed contract should be closely reviewed by Respondents since modifications proposed by the selected respondents may not be considered. The DEP reserves the right to revise the proposed contract to include additional language required by the federal agency(ies) or other sources awarding funding to the DEP in support of this project. The DEP also reserves the right to revise the proposed contract, or contracts executed as a result of this solicitation, to include changes necessitated by DEP rule changes.

B.13 Confidentiality of Negotiations

Negotiation meetings held by DEP with selected respondents during the award process for this Solicitation are exempt from Florida’s otherwise applicable public meetings and public records laws, per F.S. 286.0113(1) and (2). However, a complete recording shall be made of every portion of such negotiation meetings, and no portion of those meetings shall be held off the record. Such recordings shall be kept confidential until such time as the DEP provides notice of its intended decision or until 30 days after opening the responses, whichever occurs earlier. In addition, if the agency rejects all responses, and concurrently provides notice of its intent to reissue a competitive solicitation, the recordings of the negotiation meetings shall remain exempt from disclosure until the DEP provides notice of an intended decision concerning the reissued solicitation or

DEP Solicitation No. 2014004C, Attachment B, Page 6 of 25 until such solicitation is withdrawn. In no event, shall recordings of negotiation meetings remain exempt longer than twelve (12) months following DEPs initial notice of rejection of all responses to this Solicitation.

B.14 Description of Work Being Procured:

The DEP is requesting responses from vendors for the performance of all aspects of petroleum contamination site response actions. All services shall be performed in accordance with the specifications in the Scope of Services provided in Attachment C of this solicitation.

B.15 Response Regions:

The DEP has divided the state into three (3) regions that correspond to county lines as outlined below.

Additional information on the Regions is provided in Attachment D.

1. North Region - Includes all counties in the DEP’s Northwest (NWD) and Northeast (NED) districts:

(NWD) Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton and Washington & (NED) Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Madison, Nassau, Putnam, St. Johns, Suwannee, Taylor and Union.

2. Central Region - Includes all counties in the DEP’s Central (CD) and Southwest (SWD) districts:

(CD) Brevard, Lake, Marion, Orange, Osceola, Seminole, Sumter and Volusia & (SWD) Citrus, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas & Polk.

3. South Region – Includes all counties in the DEP’s South (SD) and Southeast (SED) districts:

(SED)-Broward, Dade, Indian River, Martin, Okeechobee, Palm Beach & St. Lucie & (SD) Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Lee, Monroe and Sarasota

RESPONDENTS MUST SUBMIT A SEPARATE RESPONSE FOR EACH REGION FOR WHICH THEY ARE

PROPOSING TO PROVIDE SERVICES.

B.16 Number of Awards:

The DEP anticipates the issuance of multiple contracts for services per region under this solicitation. The DEP, at its sole discretion, shall make this determination.

A RECOMMENDATION FOR NEGOTIATION DOES NOT GUARANTEE A CONTRACT. A CONTRACT DOES

NOT GUARANTEE A MINIMUM LEVEL OF WORK AND THERE MAY BE PETROLEUM CONTAMINATION

SITE RESPONSE ACTION WORK ASSIGNED OUTSIDE OF THE CONTRACTS RESULTING FROM THIS

SOLICITATION.

B.17 Contract Term:

The contract will begin upon execution and have a period for work assignments of five (5) years from the date of contract execution. No additional work assignments will be authorized after the initial five-year period. However, the completion date of the contract will be determined by the latest completion date of any work assigned during the five (5) year work assignment period.

Based on continued satisfactory performance, the DEP reserves the right to renew any contract resulting from this solicitation. Renewal shall be subject to the terms and conditions set forth in the existing contract and shall be considered during the last quarter of the work assignment period. Such renewal shall be limited to a period no

DEP Solicitation No. 2014004C, Attachment B, Page 7 of 25 greater than the term of the original work assignment period (five (5) years). If such a renewal occurs, additional work assignments may be authorized during the renewal period.

B.18 Type of Contract Contemplated (This section supersedes Attachment A, PUR1000, Condition #2, Purchase

Orders.):

A. It is anticipated that each contract will be an umbrella work assignment contract. The method of payment for work assignments will be a combination of fee schedule, fixed price and cost reimbursement. However, the DEP reserves the right to award another contract type if such will be most advantageous to the DEP and the State of Florida, price and other factors considered.

B. DEP will direct all work assignments for phases of site rehabilitation of $25,000 or less, and all site assessments regardless of the estimated cost, to a contractor based on contractor logistics, geographical considerations, including contract regions, contractor availability, and contractor performance. For good cause, such as contractor availability, contractor performance and workloads, DEP may assign work to a contractor outside its contract region. For all work assignments for phases of site rehabilitation more than $25,000 (other than site assessments) DEP will issue an electronic request for quotes (e-quote) through MyFloridaMarketPlace (MFMP) to all contractors selected under this solicitation for the region where the site is located. An MFMP purchase order with an attached task assignment form, which has been executed by the selected contractor, will be issued to the contractor selected through the e-quote process.

C. The DEP reserves the right to award some of the work assigned on a “pay for performance” basis. A pay for performance cleanup is one in which payments are made to the contractor based upon a negotiated schedule of cleanup progress. A pay for performance cleanup will require negotiations between the DEP and the contractor to develop goals, target levels, milestones, payment structure and any additional terms and conditions under which the pay for performance cleanup will be performed.

D. The selected contractors shall not perform any services under the contracts resulting from this solicitation until such time as a work assignment has been authorized. The selected contractors are not authorized to perform any services which exceed the authorized funding amount issued for each work assignment.

Upon completion and final payment of a work assignment, all funds remaining from that particular work assignment shall be unencumbered by the DEP. No minimum amount of work is guaranteed under these contracts.

E. i. The final negotiated rates included in each selected contractor’s contract which will be viewed as maximum rates, shall be current and effective for the first twenty-four (24) months of the contract. The contractor may request an increase in rates each year after the initial twenty-four (24) month period of the Contract, including the possible renewal period(s).

ii. Requests for increases must be submitted at least sixty (60) calendar days prior to the anniversary date of the contract in order for the request to be considered. Rate increases must be requested in writing to the DEP and must be supported by a detailed justification which warrants the requested increase percentage (up to a maximum of 5% in any one year). The DEP shall review the request, and supporting documentation, to determine whether an increase is warranted and, if so, what percentage of adjustment (increases not to exceed 5% in any one year) will be authorized by formal amendment to the contract.

ii. At any time either party may request a decrease in the rates. Each party shall review the other party’s written request. If an agreement cannot be reached regarding a decrease in the rates, the contract may be terminated pursuant to paragraph 23.B. of the proposed contract, termination for convenience.

DEP Solicitation No. 2014004C, Attachment B, Page 8 of 25

B.19 Offer Acceptance Period:

The DEP expects to execute the contract(s) as soon as possible after the announcement of the award. The DEP has the discretion to terminate negotiations if agreement is not reached within thirty (30) days of announcement of an award.

B.20 Firm Response (This section supersedes Attachment A, PUR1001, Instruction #13, Firm Response.):

The DEP may make an award within one hundred eighty (180) days after the date of the response opening, during which period the response submitted shall remain firm and shall not be withdrawn. If an award is not made within one hundred eighty (180) days after the response opening date, the response shall remain firm until either the DEP posts an Agency Decision or the DEP receives a written notice from the Respondent that the response is withdrawn, whichever occurs first. Any response that expresses a shorter duration shall be rejected.

B.21 Disclosure:

Information will be disclosed to respondents in accordance with State statutes and rules applicable to this solicitation after evaluations are complete.

B.22 Laws and Permits:

The selected contractor must comply with all local, state, and federal laws, rules, regulations and codes whenever work is being performed under the contract. All permits and licenses required for the selected contractor’s company operations under the contract must be obtained by the selected contractor and maintained for the duration of the contract. DEP will not pay for the cost of licenses or permits required by the selected contractor for company operations.

B.23 Prime and Subcontracting:

The prospective contractor shall not subcontract, assign, or transfer the obligation to provide or perform any of the services sought under this solicitation, with the exception of those subcontractors identified in the prospective contractor’s response, without the prior written consent of the DEP.

The selected contractor will be responsible for the fulfillment of all work elements included in all subcontracts and shall be solely responsible for payment of all monies due under any subcontract. The DEP shall not be responsible for any expenses or liabilities incurred under any subcontract.

The Respondent shall take all actions necessary to ensure that their employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida.

In accordance with the terms of Attachment A, DEP Solicitation Acknowledgment Form, a Respondent may respond to this Solicitation as a prime contractor for any or all regions. Respondents shall be disqualified if and to the extent it responds to this Solicitation as a proposed prime contractor within a region and has agreed to serve as a subcontractor to any other respondent to this Solicitation within the same region. A respondent may submit a response to this solicitation as a prime contractor for work within one region and as a subcontractor to another respondent(s) for one or more other regions. However, a respondent may not disclose to any other respondent or subcontractor what prices or terms respondent has included in its response as a prime contractor.

DEP Solicitation No. 2014004C, Attachment B, Page 9 of 25

All responses to this Solicitation to provide services as prime contractors within a Region which are received from affiliated entities (those with any common ownership, management or control), shall be rejected if discovered prior to selection and any award or contract thereon shall be terminated if discovered subsequent thereto.

The DEP supports diversity in its Procurement Program and requests that all subcontracting opportunities afforded by this solicitation embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Prospective contractors can contact the Office of Supplier Diversity at 850-487-0915 for information on minority vendors who may be considered for subcontracting opportunities.

B.24 Conflict of Interest:

The State may seek recovery of the costs of cleanup of specific sites from any and all responsible parties, and must anticipate the possibility of litigation. In order to avoid a conflict-of-interest, or the appearance of a conflict-of-interest, the State requires that the contractor notify the DEP in writing within five (5) working days of the discovery of a potential conflict-of-interest and make such continuing disclosure throughout the term of the contract, of any present or anticipated contractual or other business relationship between the contractor, or any subcontractor of the contractor, and any of the persons or entities who are, or may be, responsible for that site.

A contractor or contractor’s subcontractor may be deemed to have had a business relationship with one of the responsible parties if it has had such a…