PC-370000-HW686.pdf

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Master Agreement FL|HW686|26652fe61cf76d14a6798f2369f5dddb
Contract number
HW686
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Florida

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Summary

This document constitutes a Request for Qualifications (RFQ) issued by the Florida Department of Environmental Protection (DEP) for professional services related to waste management and cleanup programs. The RFQ, numbered 2021010, seeks to establish continuing contracts with multiple qualified firms to provide pollution response action contractor (PRAC) services. The DEP ultimately selected ten firms for award following a competitive evaluation process that included technical scoring, oral presentations, and rate negotiations. The awarded contractors are Aptim Environmental & Infrastructure, LLC; Arcadis U.S., Inc.; CDM Smith, Inc.; Environmental Consulting & Technology, Inc.; Geosyntec Consultants, Inc.; GHD Services, Inc.; Golder Associates, Inc.; Professional Service Industries dba Intertek-PSI; Terracon Consultants, Inc.; and Wood Environment & Infrastructure Solutions, Inc.

The contracts cover professional services for hazardous waste site cleanup, drycleaning solvent cleanup programs, site investigations, feasibility studies, engineering design, remedial actions, operation and maintenance, and regulatory compliance across the DEP's Waste Site Cleanup Section, Site Investigation Section, Federal Programs Section, and Brownfields & CERCLA Site Screening programs. The initial contract term is five years with up to five renewal years, with work assigned on a task-by-task basis through Task Assignment Notification Forms as funding becomes available. The contract ceiling is set at $25,000,000 for the initial five-year term. Compensation is provided on a fixed-price, fixed-unit-rate, and cost-reimbursement basis with rates negotiated individually for each selected contractor. The contract requires prime contractors to maintain both professional engineering and geological licenses in Florida and prohibits exclusive relationships, allowing the DEP to contract with multiple vendors for similar services.

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Text version

Request for Qualifications (RFQ)

For

Professional Services for Waste Management/Waste Cleanup Programs

RFQ 2021010

Procurement Officer:

Lori L. Anderson

Purchasing Analyst, Department of Environmental Protection

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

Tallahassee, FL 32399-3000 Email: lori.l.anderson@FloridaDEP.gov

Professional Services for Waste Management/Waste Cleanup Programs

Rev. 10/30/2020

Table of Contents 1 Introduction

Solicitation Objective

Background and Program Information

Qualification of Firms

Anticipated Contract Term & Renewals

Definitions

Draft Contract

Procurement Officer

Special Accommodations

Timeline of Events

List of Attachments and Forms

2 RFQ Process

Firm Responsibilities

Who May Respond

Overview of the RFQ

Conformance to Requirements

Limitation on Vendor Contact with Agency During Solicitation Period

Addenda/Amendments to the RFQ

Contract Formation

Disclosure of Response Contents

Withdrawal of Responses

Administrative Cure Process

Clarification Process

Information from Other Sources

Firm Response

Right to Reject

Cancellation, Non-Award, and Withdrawal

Misrepresentations

Licensure & Registration

Replacement and Alternate Responses

Exclusivity

Diversity

Bid Protests

3 Response Instructions

MyFloridaMarketPlace (MFMP) Vendor Registration

Pre-Response Conferences

Submission of Responses

Response Content Requirements

Economy of Presentation

Confidential Response Materials and Redacted Submissions

4 Scope of Work

Scope of Work

Definitions

Contractor Responsibilities

Department’s Responsibilities

Enforcement

Invoicing

5 Evaluation Criteria

Evaluation of Volume I, Past Performance

Evaluation of Volume II, Technical Response

Available Points

1 Introduction The Florida Department of Environmental Protection (the Department or DEP) hereby issues this Request for Qualifications (RFQ) pursuant to 62-787, Florida Administrative Code (F.A.C.) for Professional Services for Waste Management/Waste Cleanup Programs. The Department shall select firms in accordance with Chapter 62-787, F.A.C. and the Scope of Services in Section 4 below. The Department will negotiate continuing contracts (“Contracts”) with selected Firms to provide response action activities for the Waste Cleanup Program (WCP). Work under these Contracts will be assigned to a “Pollution Response Action Contractor (PRAC)”. Work may be associated with, but is not limited to, the following Sections/areas within the WCP: Waste Site Cleanup Section (WSCS), Site Investigation Section (SIS), Federal Programs Section (FPS), and Brownfields & CERCLA Site Screening (BF/CSS). Additional information about these programs can be found at the following website: https://floridadep.gov/waste/waste-cleanup

Multiple awards, up to a maximum of ten (10) responders to the RFQ will be selected for contract awards. The DEP, at its sole discretion, shall make this determination.

In order for a firm to be considered for contract award, the firm must meet the requirements in Chapter 62-787 F.A.C.

The Solicitation will be administered through the Vendor Bid System (VBS). Respondents interested in submitting a Response must comply with all of the terms and conditions described in this RFQ.

Solicitation Objective The Department intends to enter into up to 10 continuing contracts using the Attachment 1, Draft Contract, for Professional Services for Waste Management/Waste Cleanup Programs, hereby incorporated by reference. The Department intends to make a multiple award, however the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

Background and Program Information The Department of Environmental Protection, Division of Waste Management, Waste Cleanup Program is responsible for the following response actions and site rehabilitation activities:

• Managing cleanup of sites contaminated by pollutants or hazardous substances;

• Providing technical support to DEP districts and other State agencies;

• Conducting investigations of soil and groundwater contamination;

• Managing the cleanup of Drycleaning Solvent Cleanup Program (DSCP) eligible sites;

• Overseeing cleanup of State-funded Cleanup sites;

• Managing assessment and cleanup of State-owned properties;

• Overseeing EPA Cleanup of Superfund (NPL) sites in Florida;

• Implementing the Department’s role in the Florida Brownfields Redevelopment Program;

• Providing Brownfields services to eligible applicants using the State and Tribal Response grant from EPA;

• Implementing the Voluntary Cleanup Tax Credit Program;

• Implementing the Institutional Controls/Engineering Controls Audit Program (ICECAP); and https://floridadep.gov/waste/waste-cleanup

• Partnering with Department of Defense (DoD) to implement installation restoration at military facilities and formerly used defense sites (FUDs) in Florida under the DoD and State Memorandum of Agreement (DSMOA).

The Department is seeking to qualify Firms to assist the Waste Cleanup Program in providing the above described Services (Collectively, the “Services”), which are part of an ongoing effort. All work under the Continuing Contract(s) will be authorized on a Task Assignment (TA) basis, as funding becomes available.

Qualification of Firms To be eligible to enter a Continuing Contract with the Department, Firms must, at a minimum:

a. Meet all certification and license requirements imposed by applicable Federal, State, and local law.

b. Employ a professional geologist, who possesses and maintains a valid certificate of authorization to practice geology from the Florida Department of Business and Professional Regulation (DBPR) pursuant to Section 492.111, F.S.

c. Employ a professional engineer who possesses and maintains a valid certificate of authorization to practice engineering from the Florida Board of Professional Engineers (FBPE) pursuant to Section 471.023, F.S., or demonstrate that the professional engineer is not practicing engineering under a fictitious name or a business organization, and therefore does not require a certificate of authorization.

d. Have the capacity to perform or directly supervise the majority of the work at a Site in accordance with Section 489.113(9), F.S.

e. Must have and maintain an office and personnel located in the State of Florida, as outlined further in section 3.4.2.2.

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

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

https://www.dms.myflorida.com/business_operations/state_purchasing/documents_forms_references _resources/state_purchasing_pur_forms. The following definitions apply to this RFQ:

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

• Firm means a partnership, corporation, or other legal entity that is certified under Section 471.023, F.S., to practice or offer to practice engineering.

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

• Continuing Contract means a Contract between the Department and a PRAC for an indefinite quantity of Professional Services as described in the scope of services in the Continuing Contract for a period of time defined in the Continuing Contract.

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

• Contract or Contracts - The agreements that result from this competitive procurement, if any, between the Department and the Contractor.

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

• Level of Effort means the estimate that the PRACs will provide based on their Project assessment, including the cost(s) from lowest responsible and responsive bid(s) from non- Professional Services.

• Oral Evaluation Committee means Department employees selected by the Department head or designee to evaluate the oral presentation portion of the Request for Qualifications.

• Pollution Response Action Contractor or PRAC means a single entity that is responsible for a Project, including scheduling and coordination, in both pre-rehabilitation and rehabilitation phases, and generally responsible for the successful, timely, and economical completion of the Project. The PRAC shall also be responsible for procurement and management of all non- Professional Services contractor(s) used on a Project.

• Primary Subcontractor means a subcontractor(s) that will be used for professional services which the Respondent intends to use for the term of the Contract.

• Professional Services means, pursuant to Section 287.055, F.S., those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

• Project means a response action as defined in Section 376.301, F.S.

• Request for Qualifications or RFQ means a solicitation for statements of qualification for the Department to select one or more vendors to provide Professional Services under a Continuing Contract, performed in accordance with Section 287.055, F.S., and the procedures outlined in Rules 62-787.300 and 62-787.400, F.A.C.

• Secondary Subcontractor means a subcontractor(s) intended for non-professional services (e.g.

drilling, IDW transport) but which may not be retained for either the term of the Contract or over a prolonged period of the Contract.

• Site means any “contaminated site” as defined in Section 376.301, F.S.

• Technical Evaluation Committee means Department employees selected by the Department head or designee to evaluate the technical presentation portion during the Request for Qualifications.

• Waste Cleanup Program means all response action activity, regardless of funding source, excluding response actions addressed pursuant to rule Chapter 62-772, F.A.C.

• Respondent – an entity that submits a Response to this RFQ.

• State - The State of Florida.

Further, all words defined in Sections 287.012, and 376.301, F.S., shall have the same meaning when used in this RFQ.

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

RFQ.

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

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VBS, at http://myflorida.com/apps/vbs/vbs_www.main_menu in accordance with Section 2.3.1.2 below.

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

Questions will NOT be answered via telephone.

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

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

Event Date Time* Location/Method

RFQ Advertised

3/2/21

N/A Vendor Bid System

Registration Deadline for upcoming Mandatory Pre- Response Conference

3/18/21

5:00 PM

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

Mandatory Pre- Response Conference

3/19/21

2:00 PM

The Mandatory Pre-Response

Conference will be held virtually. Meeting information will be provided by the Department upon registration. Respondents who fail to attend or who are not represented at a mandatory conference will be determined

Non-Responsive.

http://myflorida.com/apps/vbs/vbs_www.main_menu

Questions Due 3/26/21

3:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

4/5/21

Vendor Bid System

Responses Due 4/19/21

3:00 PM

Mail to Department:

RFQ 2021010

Bureau of General Services Procurement Section 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 4/20/21

10:00 AM

Teleconference by calling:

888.585.9008 Conference room number:

617.871.258 The number will be active 5 minutes before the meeting.

References Contacted Between:

Telephone and/or Email 4/27/21

5/14/21

Publish List of Highest Ranking Firms Qualified to Participate in Oral Presentations (Short List) and Presentation Information (Anticipated)

On or about:

6/21/21

Vendor Bid System

Oral Presentations (Anticipated)

Between:

TBD

Choose date Choose date

Posting of Recommended Award(s) (Anticipated)

On or about:

7/30/21

Vendor Bid System

*All times are Eastern Time Zone.

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

Attachment Title

1 Draft Contract 2 Past Performance Evaluation Questionnaire for Non-DEP References

3 Past Performance Evaluation Questionnaire for DEP References

Form Title A Business Response Form

B Client Reference Form

C United States Department of General Services Standard Form 330 (not attached) https://www.gsa.gov/portal/forms/download/116486

2 RFQ Process

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

Firms are responsible for understanding all terms and conditions of this RFQ, its attachments, addenda, the proposed resulting Contract, and Rule 62-787, F.A.C. If a Firm does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

Who May Respond Firms who possess the minimum qualifications, experience, and personnel resources described in this RFQ are invited to submit Responses. Firms on the Convicted, Suspended, Discriminatory Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

Overview of the RFQ The RFQ is a method of competitively soliciting statements of qualification for the Department to select one or more vendors to provide Professional Services under a Continuing Contract, performed in accordance with Section 287.055, F.S., and the procedures outlined in Rules 62-787.300 and 62-787.400, F.A.C.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference

The Department will hold a mandatory pre-response conference as part of the process as indicated in Section 3.2.

All Respondents must email the Procurement Officer to register for the mandatory pre-response conference by the date and time indicated on the Timeline of Events to register for the mandatory pre-response conference.

Respondents who fail to attend or who are not represented at the mandatory conference will be determined Non-Responsive.

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

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the RFQ to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.9 of the RFQ.

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

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

RFQ Section RFQ Page # Question

2.3.1.3 Submission of Responses

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

2.3.1.4 Opening of Responses

The Department will open the Responses at the date, time, and location noted in the Timeline, Section

1.9. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete.

2.3.2.2 Responsibility Review

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

2.3.3 Qualification Phase

2.3.3.1 Determination of Qualification

The Department shall review all of the information submitted pursuant to Section 1.3, Qualification of Firms, and determine if a Firm is qualified.

2.3.3.2 Technical Response Evaluation

The Department will evaluate Responses from responsive and qualified Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation.

A Technical Evaluation Committee shall determine the relative ability of each Respondent to perform the services required under the Scope of Work using the evaluation criteria in Section 5. Each technical evaluation team member will work independently, to review and score the Response. Upon completion of the Technical Response evaluation, the technical evaluators will submit their scores to the Procurement Officer for tabulation. The Procurement Officer will give each Firm its relative score and ranking.

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

The Department will publish on the Vendor Bid System the list identifying the highest-ranking Firms selected by the Technical Evaluation Committee to participate in oral presentations as well as the oral presentation topic(s), oral presentation scoring guidelines and presentation date in an Addendum to the

RFQ.

2.3.3.3 Oral Presentation Evaluation

Respondents will present the oral presentations to the Oral Evaluation Committee. The Oral Evaluation Committee will evaluate all presentations and shall select Respondents deemed to be the most highly qualified to perform the required services. The Oral Evaluation Committee will submit their recommendation to the Secretary of the Department or designee for approval.

2.3.3.4 Negotiation of Rates

The Department will negotiate contracts with the 10 highest-ranking firms. Failure of a Firm to negotiate a contract rate that is fair, competitive, and reasonable, shall result in that Firm no longer being eligible for a Contract. The Department will then select the next highest-ranking Firm from the oral presentations to negotiate a contract. The Department will use this method to award up to 10 Contracts.

2.3.3.5 Past Performance

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

Conformance to Requirements In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements included in this RFQ. Responses failing to conform in all material aspects to the requirements included in this RFQ are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

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

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

Contract Formation The Department will issue a notice of award, if any, to successful Respondent(s) after a determination that the rates are fair, competitive, and reasonable, as described in section 2.3.3.4 above. No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

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

The Contractor must execute a Truth-in-Negotiation certificate, attached as Exhibit F to the Draft Contract, stating that wage rated and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting.

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

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

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

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

Clarification Process The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

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

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

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

Cancellation, Non-Award, and Withdrawal When the Department determines that is it in the best interest of the State, it reserves the right to:

• Cancel this Solicitation.

• Make no Award and reject all responses.

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

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

• Re-procure services.

Misrepresentations All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

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

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

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

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

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

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

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

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk's address is:

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

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resour ces/purchasing_forms.

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

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

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

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

MyFloridaMarketPlace (MFMP) Vendor Registration Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

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

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS.

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

Code Title

81101514 Geotechnical or geoseismic engineering

76121900 Hazardous waste disposal 77101700 Environmental advisory services

70131700 Land and soil management http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

Pre-Response Conferences The Department will hold a mandatory pre-Response Conference for Respondents to ask questions informally. All Respondents must email the Procurement Officer by the date and time indicated on the Timeline of Events to register for the mandatory pre-response conference.

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

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

Response Content Requirements Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below as provided in the timeline specified in Section 1.9.:

Volume Name Copies

Volume I Business Response One (1) Original Volume II Technical Response One (1) Original

CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume

CD/DVD/USB Redacted Electronic Copy of Response (if applicable)

One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

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

Volume I Business Response Page Limit

Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

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

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form.

Respondents must complete Form B, Client Reference Form, for the Respondent (not intended subcontractors) and must provide the required information for a minimum of six (6) separate and verifiable projects which have been completed within the last five (5) years. All projects listed shall be for work relevant to the Waste Cleanup Program. Projects performed for confidential clients shall not be included. Do not list projects completed for the Department. The Department will identify those from its own database.

Of these six (6) projects, the DEP requires that:

a. A minimum of four (4) different clients be represented by these six (6) projects.

b. A minimum of four (4) projects must have been conducted by personnel identified in Section E of Standard Form 330.

c. A minimum of one (1) project must be represented by a site in which chlorinated drycleaning solvent contamination exists.

d. A minimum of one (1) project must be represented by a site in which contamination from an emerging contaminant exists.

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

In the event that the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time that the work was performed must be given, at the end of the project description for that reference.

The Department will choose, at its own discretion, four (4) of the Respondent’s references to contact in order to complete an evaluation questionnaire as provided in Attachment 2, Past Performance Evaluation Questionnaire for Non-DEP References. The Department will not attempt to correct incorrectly supplied information.

Failure to provide the required information for six (6) separate and verifiable projects which have been completed within the last five (5) years and which meet the requirements set forth above shall result in point reductions as set forth in the Evaluation Criteria.

If the Department identifies any contracts that the Respondent has undertaken with DEP where the Respondent was the prime contractor during the last five (5) years, the Department shall choose one (1) of the DEP Contract Managers, to contact in order to complete Attachment 3, Past Performance Evaluation Questionnaire for DEP References. The DEP project to be evaluated will be the most comprehensive project which is most closely related to the Scope of Work in this RFQ. Respondents who have not worked for the DEP, or who have performed satisfactorily for the DEP, will not be penalized as set forth in the Evaluation Criteria.

The completed Client Reference Forms shall be attached in this Tab. Respondent gives the Department permission to contact client references and obtain their opinion of the Respondent’s past performance.

The Respondent acknowledges that Department will record the client’s opinion, and that the completed forms will become a public record.

3.4.2 Volume II, Technical Response

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

Volume II Technical Response

Tab A Introduction Tab B Company Background

Tab C Knowledge and Experience

Tab D Project Management

Tab E Personnel Assigned Tab F Licenses

Tab G Documentation Supporting Subcontract Arrangements

3.4.2.1 Tab A: Introduction (1 page limit)

The content of this section shall be at the sole discretion of the Respondent.

3.4.2.2 Tab B: Company Background (2 page limit)

Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure, including locations of all Florida-based offices, the capabilities of each office, and staffing levels within those offices. This section shall also include number of years in existence, number of years performing work which may be relevant to the services being requested under this solicitation. Respondents should also provide background information on all joint ventures and subcontractors, which the Respondent intends to specify in their cost proposals.

The Respondent will be required to submit unit rates for Primary Subcontractors in their cost proposal if the Contractor is selected after oral discussions. Primary Subcontractors and their associated rates will be contained in the body of the contract and are subject to annual contract rate negotiations.

3.4.2.3 Tab C: Knowledge and Experience (15 page limit)

Respondents should demonstrate the Respondent’s understanding of contamination problems in Florida and knowledge and experience in managing site services and cleanup projects in Florida, or elsewhere in the United states, that are relevant to the work conducted in the Division of Waste Management, Waste Cleanup Program. The Respondent’s knowledge and abilities in each area relevant to site services, as outlined in the Scope of Work, shall be presented:

a. Assessment;

1. Knowledge, Skills and Abilities

2. Innovative Approaches

3. Understanding of Different Program Objectives

b. Initial Remedial Measures/Interim Source Removals;

c. Feasibility Study;

d. Engineering Design;

e. Procurement Assistance;

f. Turnkey Approach;

g. Construction Oversight;

h. Operation and Maintenance;

i. Community Relations Support; and

j. Reports.

Respondent should focus on the following items when demonstrating its knowledge and experience:

a. Respondent’s methods for improving and streamlining present methods of site services at all phases;

b. Utilization of innovative technologies;

c. Strategies for addressing emerging issues that may affect work under these contracts (e.g., emerging contaminants, munitions, solid waste management facilities, forensics, etc.), and,

d. Respondent’s methods for effectively moving into different phases or combining certain phases to shorten the time required to complete the cleanup process.

Experience should be illustrated by a discussion of completed projects for relevant site services whenever possible, and the specific duties performed on these projects should be indicated.

3.4.2.4 Tab D: Project Management (6 page limit)

a. The Respondent shall describe in-house project organization and management methods which are most appropriate to perform the type services described in Section 4.00, Scope of Work. Contract managers and key personnel must be identified. Subcontractors shall be identified, and the intended scope of their work detailed. Office locations for key personnel and subcontractors must be identified.

b. The Respondent shall describe cost and schedule controls; corrective action procedures, invoicing protocols and any other management considerations appropriate to concurrent work at multiple sites. DEP 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 and field problems, and efficiencies in field work activities. Corrective action procedures and individual responsibilities for such should be described. The management methods shall address cost or price monitoring and control bus shall not reveal cost information.

c. The availability of the Respondent’s personnel assigned to this contract is important. DEP expects personnel and subcontractors identified in the RFQ to be available for work on DEP projects without interference from other ongoing contractual obligations that 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.

3.4.2.5 Tab E: Personnel Assigned (not included in page limitation)

The Respondent shall complete Part I (Sections A through E only) and Part II of the United States Department of General Services Standard Form 330 in accordance with the instructions provided therein. Part I (Sections A through E only) and Part II of the Standard Form 330 must be completed and submitted with the response package. Key personnel identified in Section E shall be those personnel (including key primary subcontractors, if applicable) directly responsible for daily project management to be assigned to the contract resulting from this RFQ. Specific project positions shall coincide with the personnel identified in the Project Management section of the response package. An electronic version of the form may be obtained at the website https://www.gsa.gov/portal/forms/download/116486 under Standard Forms.

3.4.2.6 Tab F: Licenses (not included in page limitation)

The Respondent shall submit copies of professional licenses from the appropriate State of Florida board governing the services to show that the Respondent (not subcontractors) is both (1) an engineering firm registered in the State of Florida and (2) 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 both licenses. However, members of the joint venture as a whole must provide both licenses.

3.4.2.7 Tab G: Documentation Supporting Subcontractor Arrangements All Respondents shall supply written proof of Primary Subcontractor arrangements for this solicitation.

Documentation shall be supplied for each Primary Subcontractor which the Respondent intends to utilize and for whom the Respondent has identified qualifications and experience in their proposal. The written documentation shall be a one (1) page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the DEP Solicitation Number (RFQ 2021010), the project title (Waste Management Services), and the primary contractor with whom the firms intends to subcontract.

Failure to submit a letter of commitment from an intended subcontractor identified in the proposal shall result in the disallowance of the qualifications and experience of that subcontractor from consideration in the evaluation process.

Note: Do not use this section to provide additional information about any proposed subcontractors.

Any additional information provided with these letters will not be reviewed.

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

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

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

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire

Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law.

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