DEP Solicitation No. 2017008C Page 1 of 71

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Solicitation Acknowledgement Form

REQUEST FOR PROPOSALS

CONTRACTUAL SERVICES

Page 1 of 71 pages SUBMIT BID TO:

Florida Department of Environmental Protection Procurement Section, Carr Building, Room 235 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000 Telephone Number: 850-245-2361

AGENCY RELEASE DATE:

Monday, September 26, 2016

SOLICITATION TITLE:

Environmental Forensics Site Investigation and Other Technical Support Services

SOLICITATION NO.:

2017008C

PROPOSALS WILL BE OPENED: @ 3:00 p.m. on Monday, November 7, 2016 and may not be withdrawn within 180 days after such date and time.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:

TOLL FREE

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 Request for Proposal (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.

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:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

DEP Solicitation No. 2017008C Page 2 of 71

CAUTION: If Respondent considers any portion of the documents, data or records submitted in response to this Solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority (“Florida Public Records Law”), note the following:

Respondent shall not mark the entire Proposal as confidential, trade secret or otherwise not subject to Florida Public Records Law. Any Proposal with more than fifty percent (50%) of the documents, data or records so marked will be deemed non-responsive and will not be considered.

If you assert that any portion of your Proposal is exempt from disclosure under the Florida Public Records law, you must submit a redacted version of the Proposal along with the un-redacted version, per Section 1.07, Submittal of Proposal of this Solicitation. The redacted copy shall be clearly titled “Redacted Copy.”

IF YOU CLAIM CONFIDENTIALITY AS TO ANY PORTION OF YOUR PROPOSAL AND DO NOT

PROVIDE AN ACCOMPANYING “REDACTED COPY,” SUCH PROPOSAL MAY BE CONSIDERED

NON-RESPONSIVE AND REJECTED PRIOR TO ITS CONSIDERATION.

TABLE OF CONTENTS

SCHEDULE OF EVENTS

SECTION 1.00 – INTRODUCTION

1.01. Purpose and Scope

1.02. Procurement Officer

1.03. Questions

1.04. Addenda

1.05. Response Form

1.06. General Instructions for Preparation of the Proposal

1.07. Submittal of Proposal

1.08. Alternate Proposals

1.09. Elaborate Proposals

1.10. General Evaluation Information

1.11. Evaluation Criteria Scoring

1.12. Basis of Award

1.13. Posting of Agency Decision

1.14. Type of Contract Contemplated

1.15. Contract Term

1.16. Contract Renewal

1.17. Florida Department of State Registration Requirements

1.18. MyFloridaMarketPlace Vendor Registration

1.19. State Project Plan

1.20. Respondent Responsibility

DEP Solicitation No. 2017008C Page 3 of 71

SECTION 2.00 – GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

SECTION 3.00 – SCOPE OF SERVICES

3.01. Purpose

3.02. Scope of Service

3.03. Deliverables

SECTION 4.00 – SPECIAL CONDITIONS

4.01. Definitions

4.02. Additional Quantities

4.03. Additions / Deletions

4.04. Assertion of Confidentiality Regarding Submitted Materials

4.05. Compliance with Laws

4.06. Conflict of Interest

4.07. Disclosure

4.08. Disclosure of Litigation

4.09. E-VERIFY Program for Employment Verification

4.10. Financial Consequences

4.11. Firm Response

4.12. Forum Selection and Choice of Law

4.13. Insurance

4.14. Invoicing and Payment

4.15. Laws and Permits

4.16. Misrepresentations

4.17. Public Requests for Proposals

4.18. Qualifications

4.19. Scrutinized Companies Lists

4.20. Site Inspection

4.21. Subcontracting

SECTION 5.00 – GENERAL CONTRACT CONDITIONS (PUR 1000)

SECTION 6.00 – RESPONSE FORM

SECTION 7.00 – CERTIFICATION OF DRUG-FREE WORKPLACE

SECTION 8.00 – CLIENT REFERENCES FORM

SECTION 9.00 – EVALUATION CRITERIA

SECTION 10.00 – EVALUATION OF PAST PERFORMANCE

SECTION 11.00 – RESPONDENT / SUBCONTRACTOR OR (TEAM, IF NOT SUBCONTRACTOR)

SUMMARY FORM

SECTION 12. 00 – CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS

DEP Solicitation No. 2017008C Page 4 of 71

SECTION 13.00 – TASK ASSIGNMENT NOTIFICATION FORM

SECTION 14.00 – REQUEST FOR CHANGE - AUTHORIZATION FOR CHANGE IN SCOPE OF WORK

SECTION 15.00 – CONTRACT PAYMENT REQUIREMENTS

SECTION 16.00 – CONTRACTOR AFFIDAVIT/RELEASE OF CLAIMS FORM

SECTION 17.00 – LIQUIDATED DAMAGES ASSESSMENT FORM

SECTION 18.00 – PROPOSED CONTRACT

SECTION 19.00 – SOLICITATION PROPOSAL CHECKLIST

– Remainder of Page Intentionally Left Blank –

DEP Solicitation No. 2017008C Page 5 of 71

SCHEDULE OF EVENTS

DATES EVENTS METHOD

Monday, September 26, 2016

Solicitation Advertised Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main_menu

Friday, October 7, 2016

Questions Submitted in Writing

Procurement Contact:

Kaye Robertson, Purchasing Officer Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Fax: (850) 245-2412 E-mail: kaye.robertson@dep.state.fl.us

Monday, October 24, 2016

Answers to Questions Posted

Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main_menu

MUST BE RECEIVED

NO LATER THAN:

Monday, November 7, 2016

SEALED BIDS DUE

AND OPENED

Submit to:

Kaye Robertson, Procurement Officer Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

SOLICITATION NUMBER MUST BE ON ENVELOPE

Monday, December 5, 2016

Anticipated Posting of Recommended Award

Vendor Bid System http://www.myflorida.com/apps/vbs/vbs_www.main_menu

DEP Solicitation No. 2017008C Page 6 of 71

SECTION 1.00 – INTRODUCTION

1.01. Purpose and Scope. The Department of Environmental Protection (hereinafter referred to as the "Department") is requesting proposals from qualified vendors to provide environmental forensics, site investigation, and other petroleum cleanup technical support services on a task assignment basis.

1.02. Procurement Officer.

Kaye Robertson, Procurement Officer Procurement Section, Carr Building, Room 215 Florida Department of Environmental Protection 3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000 Telephone Number: (850) 245-2358 Kaye.robertson@dep.state.fl.us

1.03. Questions. Information will not be provided by telephone. The Procurement Officer 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 DEP Procurement Section.

Any questions from prospective Respondents concerning this Solicitation shall be submitted in writing, identifying the submitter and Solicitation number, to the Procurement Officer no later than the time and date specified in the Schedule of Events. No interpretation shall be considered binding unless provided in writing by the Department in response to a request in full compliance with this provision. E-mail inquiries are preferred; however, a hard copy or facsimile is acceptable. All questions and answers will be posted on the Vendor Bid System (VBS). It is the prospective Respondent’s responsibility to periodically check the VBS. The Department bears no responsibility for any delays, or resulting impacts, associated with a prospective Respondent’s failure to obtain the information made available through the VBS.

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001), Paragraph 5, Questions.

1.04. Addenda. If the Department finds it necessary to supplement, modify, or interpret any portion of the Solicitation documents, a written “Addendum” will be posted on the VBS. It is the responsibility of the prospective Respondents to be aware of any Addenda that might have a bearing on their proposal. The proposal(s) submitted by the Respondents at the time of Solicitation opening will remain firm and cannot be changed.

1.05. Response Form. Section 6.00 must be completed and submitted or the Response will be rejected.

The Department will not accept any other type “Response Form” as a valid response to this Solicitation.

The Respondent’s Response Form must be submitted on the forms provided in the Solicitation and provided as both a Microsoft Excel version and Adobe Acrobat PDF file format. To obtain a copy of the Excel documents, send an email request to the Procurement Office, Section 1.02.

By affixing authorizing signature, the Respondent hereby affirms and agrees to all terms, conditions, provisions, and specifications within the Solicitation. Prior to issuance of a contract, the selected Respondent must be properly licensed to do business within the State of Florida, if required by federal or state law, for the service or commodities the Respondent will provide this Department.

1.06. General Instructions for Preparation of the Proposal. The instructions for this Solicitation have been designed to help insure that all proposals are reviewed and evaluated in a consistent manner, as well as to minimize costs and response time. ANY AND ALL INFORMATION SUBMITTED IN VARIANCE

WITH THESE INSTRUCTIONS WILL NOT BE REVIEWED OR EVALUATED.

Part I, Technical Proposal: The Technical Proposal shall consist of the following parts:

A. Solicitation Acknowledgement Form (Tab A): The Solicitation Acknowledgement Form (original copy provided in solicitation package) shall be completed as instructed. The original signed copy

DEP Solicitation No. 2017008C Page 7 of 71 shall be submitted in one (1) copy of the proposal package marked "Original". Two (2) additional hard copies of the Technical Proposal package, including a copy of the signed original Solicitation Acknowledgement Form shall be submitted to the Department. Two (2) duplicate electronic copies of the complete Technical Proposal, in .pdf format, shall be provided on a CD, DVD, or USB memory stick. If a Respondent fails to submit a completed Solicitation Acknowledgement Form with their Response, the Department reserves the right to contact the Respondent by telephone for submission of this document via fax with follow up via mail. This right shall be exercised when the Technical and Price Proposals have met all other requirements of the Solicitation.

In the event that Respondents submit a proposal as a joint venture, each member of the joint venture must complete and sign a separate Solicitation Acknowledgement Form.

B. Technical Response (Tab B): The Technical Response Package shall be prepared by each Respondent utilizing 8.5" x 11" paper (one inch margins, Arial 10pt font) and should utilize double-sided printing. Each Respondent shall limit each section of the Technical Response Package to no more than the page limits specified below for each section. The page limit excludes Samples of similar projects, Appendix of Resumes, and Past Performance. Any photographs, maps, diagrams, charts or other non-text material which provides information about the respondent will be included in the page limitation of that section of the Technical Response Package.

If the specified page limit for a particular section or subsection is exceeded, the extra pages for that section or subsection will not be reviewed. Pages not used for a particular section or subsection cannot be added to the page allowance for another section. For example, if only nine (9) of the twelve (12) pages allocated for the Project Approach section in the Technical Response Package are used, the number of pages cannot be increased for any other section in the Technical Response Package. The total page count of the Technical Response Package, in this example, would therefore be thirty (30) pages.

Using the description of work outlined in the Technical Specifications, Respondents shall prepare their Technical Response Package in the order outlined below for ease of the identification and review by the evaluators. However, Respondent shall not use the tab pages to present additional information. Tab pages which present information shall be counted in the page limit for that section.

1. Introduction (Limit 2 pages): This section should provide a general description of how the Respondent will accomplish the overall goal of this technical support services contract to provide environmental forensic site investigation to characterize discharges, conduct verification assessment, collect baseline data, conduct tank abandonment, and/or conduct tank removal activities. It should include identification of key elements needed for development of an online, open source, mapping tool, or identify the online, open source, mapping tool that will be used.

2. Company Background (Limit 2 pages): This section shall provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this project.

3. Organizational Plan (Limit 2 pages): Respondents should present the organizational structure of the proposed team and outline the responsibilities of each team member, as applicable. If subcontractors will be used, identify the tasks for which they will be responsible. Only personnel who are current employees of the Respondent or of the subcontractors shall be identified.

4. Qualifications and Experience (Limit 8 pages): This section should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

The respondent’s knowledge and abilities in each phase of investigation and forensics analysis shall be presented. Experience shall be demonstrated by a discussion of completed

DEP Solicitation No. 2017008C Page 8 of 71 projects for each phase described in this Solicitation. Specific duties performed on these projects shall be indicated. Of particular interest to the Department are:

The Respondent’s methods for adapting to ongoing projects and minimizing time delays;

The respondent’s methods for improving and streamlining present methods of services at all phases (e.g., file review including Tallahassee, County and District files; conducting field and/or forensic site investigations, etc.);

Utilization of innovative technologies; and the Respondent’s methods for effectively moving into different phases or combining certain phases to shorten the time.

Resumes of key people the respondent intends to use on the work resulting from this Solicitation shall be submitted in an appendix to the technical response. Each resume shall clearly indicate the location of the employee, the role the employee plays in the organization, and their experience and training. (Resumes will not be included in the page limitation.)

Note: Qualifications of personnel can only be presented as part of the Respondent’s proposal for individuals who are currently employed by the Respondent, not individuals the Respondent proposes to hire if they are awarded a contract. The same applies to qualifications of subcontractor personnel. In an appendix to this section, the respondent shall supply resumes showing the qualifications of the individual(s) who will perform the work, including experience in similar services outlined in this Solicitation.

5. Project Management (Limit 8 pages):

a. The Respondent shall describe project organization and management methods which are most appropriate to perform the type services described in Section 3.00. In addition, contract managers and key personnel must be identified. Subcontractors shall be identified and their intended scope of work detailed. Office locations for key personnel and subcontractors must be identified. For clarification, there are two (2) types of subcontractor relationships anticipated:

1) Primary subcontractors are subcontractors which the contractor intends to use for the term of the contract (e.g., laboratories for specialty analyses). The contractor will be required to submit unit rates for these subcontractors in their cost proposal.

These subcontractors, and their associated rates, will be contained in the body of the contract.

2) Secondary subcontractors are subcontractors who are intended for some of the work (e.g., drilling, storage tank abandonment and/or removal, IDW transport) but which may not be retained for either the term of the contract or over a prolonged period of the contract. On a task assignment basis, the selected contractor will be required to pre-qualify and obtain valid quotes from a minimum of three (3) potential subcontractors. The lowest, responsive subcontractor quote will be selected to perform that work. The Department reserves the right to reject any and all subcontractor quotes.

b. The discussion should include cost and schedule controls, corrective action procedures, strategies for completing a forensic site investigation or other technical support project and any other management considerations appropriate to concurrent work at multiple sites. The Department is interested not only in how cost and schedules will be tracked and reported, but specifically what will be done to reduce costs and maintain schedules.

Examples of this are rewards and disincentives for subcontractors, contingencies for weather or field problems, and efficiencies in forensic site investigations. Corrective action procedures and individual responsibilities for such should be described.

c. The availability of the respondent’s personnel assigned to this contract is important. The Department expects personnel and subcontractors identified in the response package to be available for work on Division of Waste Management projects without interference

DEP Solicitation No. 2017008C Page 9 of 71 from other contractual obligations which the respondent may have. The selected contractors may be performing work on multiple sites simultaneously, and therefore should indicate how work overloads will be managed to prevent project delays.

C. PAST PERFORMANCE/CLIENT REFERENCES (Must use pages provided) (Not included in page count) (Tab C): In the space provided on Client Reference Form (Section 8.00), the Respondent must list all names under which it has operated during the last five (5) years. The Department will review its records to identify all contracts that the respondent has undertaken with the Department, where the Respondent was the prime contractor, during the last five (5) years (contracts in effect during or after September 2011).

In the spaces provided on Client Reference Form (Section 8.00), the Respondent must provide the required information for a minimum of five (5) separate and verifiable clients which have been completed for clients of the Respondent (not intended subcontractors) for projects similar in the Solicitation. The clients listed must be for work similar in nature to that specified in this Solicitation.

Confidential clients shall not be included.

The same client may not be listed for more than one (1) reference (for example, if the Respondent has completed a project for the Florida Department of Transportation – District One and one project for the Florida Department of Transportation – District Two, only one of the projects may be listed because the client, the Florida Department of Transportation, is the same).

Clients that are listed as subcontractors in the Respondent’s proposal will not be accepted as Past Performance references under this Solicitation. Firms that are currently parent or subsidiary companies to the Respondent will not be accepted as Past Performance references 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, at the end of the project description for that reference, on the Client Reference Form (Section 8.00).

In the event that Respondents submit a proposal as a joint venture, at least one (1) past performance client must be listed for each member of the joint venture. However, the total minimum number of clients to be listed remains five (5).

References should be available to be contacted during normal working hours. The Department will choose, at its own discretion, three (3) of the Respondent’s references to contact in order to complete an evaluation questionnaire as provided in Client Reference Form (Section 8.00). In the event that the Respondent has performed work as a prime contractor for the Department within the timeframe specified above, the Department shall attempt to contact one Department and one non- Department reference. In the event that the respondent has not performed work as a prime contractor for the Department within the timeframe specified above, the Department shall attempt to contact two (2) non-Department references. The total number of clients who will be contacted to complete and evaluation for any proposal shall be three (3).

A Department representative will contact the references via telephone to complete the Evaluation of Past Performance form (Section 10.00). The Department will attempt to contact each selected reference by phone up to two (2) times during the duration of one (1) week. In the event that the contact person cannot be reached following the specified number of attempts, the Respondent shall receive a score of zero (0) for that reference evaluation. The Department will not attempt to correct incorrectly supplied information.

Failure to provide the required information for a minimum of five (5) separate and verifiable clients in the spaces provided on the Client Reference Form (Section 8.00), or failure to provide the required information for each reference shall result in the Respondent receiving a score of zero (0) for the Past Performance section of the evaluation criteria.

D. Respondent/Subcontractor Summary Form (Tab D): On the Respondent/Subcontractor Summary Form (Section 11.00) provided the Respondent shall list the name of the Respondent(s) and indicate the one business category of the Respondent.

DEP Solicitation No. 2017008C Page 10 of 71

E. State Project Plan (Tab E): The Respondent shall submit a written plan addressing the State’s five (5) objectives listed in Section 1.19, State Project Plan, to the extent applicable to the items/services covered by this Solicitation. The Department expects Respondents to address each objective. Objectives not addressed in the selected contractor’s proposal must be addressed prior to contract execution. The State reserves the right to negotiate mutually acceptable changes with the Respondent selected for award, prior to execution of the contract.

F. Additional Documents (Tab F): This section of the proposal shall contain the following:

Certification of Drug-Free Workplace, Section 7.00 (if applicable); and

The Respondent shall submit copies of certificates of authorization from the appropriate State of Florida board governing the services to show that the respondent (not employees or subcontractors) is an engineering firm registered in the State of Florida or a geological firm registered in the State of Florida. In the event that respondents submit a response as a joint venture, it is not necessary for each member of the joint venture to have one or both certificates. However, members of the joint venture as a whole must provide at least one of the certificates. Respondents should anticipate that in the course of completing assigned tasks under the contract there may be a need to provide professional certification specifically by a Professional Engineer or Professional Geologist. If the respondent does not have both disciplines in-house, the response shall explain how they intend to comply with the Department’s policy memorandum titled “Preapproval Program Policy on Disclosure of Relationships between Preapproval Program Contractors and Subcontractors for Professional Engineering and Geological Services”, which may be found at http://www.dep.state.fl.us/waste/categories/pcp/pages/pg_documents.htm.

Part II, Price Proposal: (Not included in page count): Proposals not submitted on the Response Form in excel format (Section 6.00) shall be rejected. The Respondent’s Response Form must be submitted on the forms provided in the Solicitation and provided as both a Microsoft Excel version and Adobe Acrobat PDF file format. To obtain a copy of the Excel documents, send an email request to the Procurement Office, Section 1.02. Submit the price proposal in a separately sealed package marked Price Proposal.

On the Response Form provided in Section 6.00, the Respondent shall provide a cost for each of the services/products listed. The prices must include the cost of all things necessary to provide the services described in this Solicitation and the Respondent’s proposal, including, but not limited to, personnel and labor costs, travel and incidental expenses (other than travel in conjunction with unscheduled/emergency maintenance trips), miscellaneous expenses (i.e. postage), and the application of any multipliers (i.e. overhead, fringe benefits, etc.). Failure by the Respondent to provide a cost for any of the services/products listed in Section 6.00 shall result in the response being deemed non-responsive and therefore, rejected. Footnotes, notations, and exceptions made to this form will not be considered.

Charges for services or expenses, including services and expenses of subcontractors, directly identifiable to a particular assignment of work, which are not included in Response Form (Section 6.00), shall be compensated on a “cost plus %” basis only and must be evidenced by an executed work assignment form. Such approvals will not be common, but will enable the Department to obtain special analytical or response/disposal services that may be unanticipated, but which are related to this Solicitation. In the event that the Department determined that such rates should become a part of the rate schedule attached to the contract resulting from this Solicitation, the Department shall initiate a change order evidencing rates mutually agreed to by both parties for inclusion in Response Form (Section 6.00).

A maximum subcontractor or handling fee of six percent (6%) shall be allowed.

1.07. Submittal of Proposal. Both Technical and Price Responses (Response) must be received in accordance with VBS and Schedule of Events. Sealed Proposals must be executed and submitted in two

(2) parts and be marked as follows:

DEP Solicitation No. 2017008C Page 11 of 71

Part I – Technical Proposal (One Separately Sealed package for Technical Response); and

Part II – Price Proposal (One Separately Sealed package for Price Response)

THE SEPARATELY SEALED PACKAGES MAY BE MAILED TOGETHER IN ONE ENVELOPE OR BOX.

The face of the envelope shall contain the Solicitation number and opening date. All Solicitations are subject to the conditions specified herein. Those that do not comply with these conditions are subject to rejection.

The Respondent must submit three (3) copies (one (1) Original hard copy and two (2) duplicate copies) and two (2) duplicate electronic copies of the proposal must be submitted for review by the Department. The original hard copy of the proposal shall bear original signatures and be marked as the “Original”. The electronic copies of the proposal may be submitted on CD, DVD, or USB-compatible memory stick and must be in .pdf format. The Department will reject proposals submitted in alternate file formats or which contain information different from that in the hard copy of the Proposal.

If you assert that any portion of your Proposal is exempt from disclosure under the Florida Public Records law, you must submit a redacted version of the Proposal along with the un-redacted version. The redacted copy shall be clearly titled “Redacted Copy.”

All proposed materials must be packaged so that each box of materials shipped to the Department does not exceed 25 pounds.

Respondents submitting are advised to assure the files are not corrupt prior to mailing as any material which is not readable will not be considered.

CAUTION: Responses received at the office designated after the exact time specified for receipt will not be considered.

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001) Paragraph 3, Electronic Submission of Responses.

1.08. Alternate Proposals. A Respondent may not submit more than one (1) Proposal. The Department seeks each Respondent’s single-best proposal.

1.09. Elaborate Proposals. It is not necessary to prepare your proposal using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Your proposal shall be prepared in accordance with the instruction herein.

1.10. General Evaluation Information. The Department reserves the right to accept or reject any or all proposals received; waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest; and reserves the right to make an award without further discussion of the proposals submitted. No allowances will be made to the Respondent because of a lack of knowledge of conditions or requirements and will not relieve any liabilities and obligations.

A non-responsive submittal shall include, but not be limited to, those that: a) are irregular or are not in conformance with the requirements and instructions contained herein; b) fail to utilize or complete prescribed forms; or c) have improper or undated signatures. A NON-RESPONSIVE SUBMITTAL WILL

NOT BE CONSIDERED.

In determining Respondent responsibility, the Department may consider any information or evidence which comes to its attention and which reflects upon a Respondent’s capability to fully perform the contract requirements and/or the Respondent’s demonstration of the level of integrity and reliability which the Department determines to be required to assure performance of the contract.

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 Respondent’s proposal. In submitting its proposal, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have not force or effect.

DEP Solicitation No. 2017008C Page 12 of 71

Note: Any requirement of this Solicitation which indicates the consequence of any noncompliance shall be strictly enforced.

1.11. Evaluation Criteria Scoring. With the exception of the cost and past performance reviews and, each proposal will be reviewed by at least three (3) evaluators. Each of the evaluators will work independently using the evaluation criteria contained in Section 900, Evaluation Criteria Scoresheet. A Department representative will contact references via telephone to obtain the past performance reviews.

The DEP Procurement Section will evaluate the cost section of the proposal. The scores for the past performance reviews and the cost evaluation shall be provided to the evaluators for inclusion on their scores sheets for calculation of the total numerical rating. The DEP Procurement Section will use the total point scores to convert to rank by each evaluator and then calculate an average rank for each proposal for all evaluators. The DEP Procurement Section shall present the average rankings to the DEP Secretary or his designee, who will then determine the recommended contract award or the short list of firms recommended to participate in oral discussions.

For example:

Firm Raw Points Received Rank Company A 200 2 Company B 210 1 Company C 180 3.5* Company D 175 5 Company E 180 3.5*

In the event that multiple firms have the same raw point score, the rank positions for these firms are averaged and each firm receives that rank. In this case the third and fourth ranks are tied so 3 + 4 = 7; 7 divided by 2 = 3.5. Each firm receives a rank of 3.5. All proposals must comply with the terms of this Solicitation.

1.12. Basis of Award. The Department intends to make multiple awards to the highest ranked responsible, responsive Respondents meeting all specifications and conditions.

1.13. Posting of Agency Decision. The notice of intended award will be posted for review by interested parties on the VBS on or after the date listed on the Schedule of Events and will remain posted for a period of seventy-two (72) hours, which does not include weekends or State observed holidays.

To access the posted results, go to http://www.myflorida.com/apps/vbs/vbs_www.main_menu. Once at this site, the steps listed below should be followed to access the Vendor Bid System (VBS). The date as specified Schedule of Events is to be used by prospective Respondents for planning purposes only and is subject to change.

Click on Search Advertisements;

Under the “Agency” search field, select the “Department of Environmental Protection” and scroll to the bottom of the page and click “Advertisement Search”;

A list of all advertisements posted for DEP will be displayed; and Click on the applicable solicitation number.

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001), Paragraph 13, Electronic Posting of Notice of Intended Award.

1.14. Type of Contract Contemplated. A combination fee schedule/cost reimbursement schedule contract is proposed (based on the prices by the selected Respondent on Response Form, Section 6.00);

however, the Department reserves the right to award another type contract, if such will be most advantageous to the Department and the State of Florida, price and other factors considered. Travel expenses for travel in conjunction with unscheduled/emergency maintenance trips will be compensated on a cost reimbursement basis in accordance with Section 112.061, Florida Statutes (F.S.). The selected contractor(s) shall be paid for the services rendered under the contract resulting from this Solicitation upon satisfactory completion of these services.

DEP Solicitation No. 2017008C Page 13 of 71

A copy of the proposed contract containing all requirements is included as Section 18.00. The requirements contained in the proposed contract should be closely reviewed by the offeror since modifications proposed by the Respondent may not be considered.

NOTE: This section supersedes Section 5.00, General Contract Conditions (PUR-1000) Paragraph 2, Purchase Orders.

1.15. Contract Term. The term of the contract will begin upon execution by both parties and remain in effect for a period of five (5) years, unless cancelled earlier in accordance with the terms of the contract.

1.16. Contract Renewal. The Department 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 limited to no more than an additional term not to exceed three (3) years or the original term of the contract, whichever is longer. Renewal of this contract shall be in writing and subject to the same terms and conditions of this contract. All renewals are contingent upon satisfactory performance by the contractor and the availability of funds.

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.

1.17. Florida Department of State Registration Requirements. All entities defined under Chapters 865, 607,608, 620, or 621, F.S., seeking to do business with the Department shall, prior, to issuance of a purchase order, be appropriately registered with the Florida Department of State. Information about the registration process is available at http://www.sunbiz.org/index.html.

1.18. MyFloridaMarketPlace Vendor Registration. Prior to the issuance of a purchase order by the Department, the selected vendor must be registered with the Florida Department of Management Services (DMS) MyFloridaMarketPlace Vendor Registration System. Information about the registration process is available and registration may be completed at the MyFloridaMarketPlace website:

http://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_v endors/requirements_for_vendor_registration (link also available under Business at www.myflorida.com).

Prospective vendors who do not have Internet access may request assistance from MyFloridaMarketPlace Customer Service at (866) 352-3776.

The following United Nations Standard Products and Services Code (UNSPSC) are provided to assist you in your registration efforts:

76121900, Hazardous waste disposal;

76130000, Toxic and hazardous waste cleanup

77101904, Chemical works or oil refinery waste site investigation;

77101902, Industrial waste site investigation;

77121602, Polluted soil removal services;

77121603, Polluted soil treatment or rehabilitation and

77121605, Soil pollution mapping

1.19. State Project Plan. The Respondent shall submit a written plan addressing the State’s five (5) objectives listed below, to the extent applicable to the items/services covered by this Solicitation. The Department expects Respondents to address each objective. Objectives not addressed in the selected proposal must be addressed prior to issuance of a purchase order. The State reserves the right to negotiate mutually acceptable changes with the Respondent selected for award, prior to execution of the purchase order.

SUBMIT THE RESPONDENT / SUBCONTRACTOR SUMMARY FORM (SECTION 11.00) IDENTIFYING

THE TEAM THAT WILL BE UTILIZED IN CONNECTION WITH THIS CONTRACT. LIST THE NAMES

DEP Solicitation No. 2017008C Page 14 of 71

AND INDICATE THE OFFICE OF SUPPLIER DIVERSITY BUSINESS CATEGORY OF EACH ONE

LISTED.

1. Minority-, Women-, and Service-Disabled Veteran Business Enterprises. The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

The State is dedicated to fostering the continued development and economic growth of small-, minority-, women-, and service-disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. It is vital that small-, minority-, women-, and service-disabled veteran business enterprises participate in the State’s procurement process as both Contractors and sub-contractors in this solicitation. Small-, minority-, women-, and service-disabled veteran business enterprises are strongly encouraged to contribute to this solicitation.

The consultant shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small-, minority-, women-, and service-disabled veteran business enterprises.

Information on certified Woman / Minority Business Enterprises (W/MBE) and certified Service- Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at:

http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/.

Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE consultants (agents or sub-consultants) as a result of any award shall be provided to the Department’s Procurement Office by the Prime Consultant on an Agency by Agency (or other eligible user) level.

2. Environmental Considerations: The Respondent shall provide a plan for reducing and/or handling of any hazardous waste generated by the Respondent’s company. Reference Rule 62-730.130, Florida Administrative Code (F.A.C.). It is a requirement of the Department that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of the Respondent’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of waste. Certification of Drug-Free Workplace Program: The State supports and encourages initiatives to keep the workplace of Florida’s suppliers and consultants drug free.

Section 287.087, F.S., provides that where identical tie proposals are received, preference shall be given to a proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, the Respondent shall sign and submit the “Certification of Drug-Free Workplace Program” Form (Section 7.00) to certify that the Respondent has a drug-free workplace program.

3. Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Section 413.036(1) and (2), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at https://sercure.imarcsgroup.com/respect/Default.asp.

The Respondent shall describe how it will support the use of RESPECT in offering the services/items being procured under this solicitation. Respondents proposing the use of RESPECT as a sub-consultant shall be required to provide written proof of a sub-consultant agreement for this solicitation

DEP Solicitation No. 2017008C Page 15 of 71 with RESPECT with their Response. The written documentation shall be a one (1) page letter supplied by the sub-consultant on its letterhead stationery, clearly identifying the Solicitation Number, the project title, and the prime consultant with whom the firm intends to subcontract.

4. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida Correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2) and (4), F.S.; and for purpose of this contract the person, form or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Department insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org.

1.20. Respondent Responsibility. In determining Respondent responsibility, the Department may consider any information or evidence which comes to its attention and which reflects upon a Respondent’s capability to fully perform the Solicitation requirements and/or the Respondent’s demonstration of the level of integrity and reliability which the Department determines to be required to assure performance of the Solicitation.

DEP Solicitation No. 2017008C Page 16 of 71

SECTION 2.00 – GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

This section contains instructions explaining the solicitation process and the actions necessary to respond.

General Instructions to Respondent (Form PUR 1001 – incorporated herein by reference) is a downloadable document which must be downloaded for review. This document need not be returned with the Respondent’s Reply. Form PUR 1001 may be accessed at http://dms.myflorida.com/business_operations/state_purchasing under “Documents, Forms, References and Resources”; “Purchasing Forms”.

In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes (F.S.), in which case the statutory requirements shall take precedence.

DEP Solicitation No. 2017008C Page 17 of 71

SECTION 3.00 – SCOPE OF SERVICES

3.01. Purpose. The Department seeks contractors to support the Division of Waste Management by providing environmental forensic site investigations, verification assessments, special case studies, tank abandonment and/or tank removal services (hereinafter referred to as Technical Support Services). The Department intends to select multiple contractors to provide these services. The selected contractors will be responsible for all phases of the Technical Support Services.

The Department would require the use of environmental forensics techniques to identify when the discharge(s) occurred, how the discharges occurred, from where those discharges originate, and to allocate remediation costs. These considerations may become important in the Department’s analysis of liability for remediation, or when allocating how much contamination originates from different discharges. The results of these investigations may be used to finalize the Department’s review or may be used to support the Department’s position in court of law or other form of litigation. While a contractor may be asked to provide its professional opinion, the contractors shall not provide legal opinions in any document presented to the Department under this Contract.

In addition, the contractors may be tasked with gathering baseline information on the extent and degree of contamination. The contractors may also be tasked with conducting verification assessment to confirm the results reported by another contractor, and conducting tank abandonment, and/or tank removal activities.

3.02. Scope of Service. Environmental Forensics Site Investigation and Other Technical Support Services will be provided on a task assignment basis. The contractor selection for these services is authorized by ss. 376.307, 376.3071, 287.057, and 287.055, F.S. Activities associated with the Technical Support Services will be performed in accordance with the provisions of ss. 376.307 and 376.3071, F.S and Chapter 62-780, F.A.C., and other Department guidance and procedures.

From the pool of contractors, the Department will assign Technical Support Services based on contractor logistics, geographical considerations, contractor specialties, convenience or other criteria at the Department’s discretion. As work becomes available, the Department reserves the right to assign work directly or to solicit, from multiple contractors, cost proposals and technical proposals for the specific phases of work that are necessary on a site by site basis. A Task Assignment or Request for Change Authorization (also commonly referred to as RFC) must be executed by both parties prior to performance of any work.

The Department’s general approach to conduct technical support services is outlined below. The Department reserves the right to break up work or combine work in any manner to a contractor. In this instance, the contractor would be compensated upon the successful completion of the task components, as identified in the task assignment.

A. Forensic Site Investigation: The Department will assign a project or group of projects. The contractor will have access to all Department information about the site(s) through the electronic database OCULUS at…