PC-370000-LE811.pdf

Request for Proposals (RFP)

For

Abandoned Drum Removal Services

RFP 2022010

Procurement Officer:

Wanda Norton

Purchasing Analyst, Department of Environmental Protection

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

Tallahassee, FL 32399-3000 Email: Wanda.Norton@FloridaDEP.gov

RFP 2022010

Abandoned Drum Removal Services

Rev. 6/11/2021

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 RFP Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the RFP

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the RFP

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

3.7 Emergency Response Time Map

4 Scope of Work

4.1 Scope of Work

4.2 Permit and Registrations

4.3 Definitions

4.4 Service Requirements and Work Authorizations

4.5 Contractor Responsibilities

4.6 Department’s Responsibilities

4.7 Enforcement

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

5.2 Evaluation of Volume II, Technical Response

5.3 Evaluation of Volume III, Price Sheet

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Award Preferences for Equal Scores (Ties)

6.3 Recommendation of Award

6.4 Posting of Decision

6.5 Execution of Contract

6.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department) hereby issues this Request for Proposals (RFP) to contract for Abandoned Drum Removal Services. 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 RFP.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Abandoned Drum Removal Services, hereby incorporated by reference. The Department intends to make multiple awards, however the Department reserves the right to award to one Respondent or multiple Respondents by region, or to make no award, as determined to be in the best interest of the State.

For purposes of this solicitation, The Department’s Office of Emergency Response (OER) has divided the seven (7) OER districts into three (3) regions; North, Central, and South (Exhibit G, Response Regions Map). Respondents are permitted to submit a Proposal for one (1), two (2), or all three (3) of the regions. The Department intends to award up to two (2) contracts per region.

1.2 Background and Program Information

OER manages incidents statewide involving one (1) to ten (10) abandoned drums when the responsible party is unknown, unwilling, or unable to provide for proper management of the drums. The drums may contain hazardous waste or other materials that pose a potential or actual threat to human health or the environment. Abandoned drum removal services are needed to provide for emergency response, transportation, and disposal. The Department will be the generator of the waste for manifesting purposes. A detailed description of the services being requested is provided in Section 4, Scope of Work.

The Respondent must be a Department Registered Hazardous Waste Transporter (RHWT). The Contractor must also be registered with the Department as a Hazardous Waste Transfer Facility (HWTF) or maintain a Department permitted Treatment Storage and Disposal Facility (TSDF) in the State of Florida for storage.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will be three (3) year(s) with up to three (3) renewal year(s). At the discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.4 Definitions

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

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

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

https://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

Rev. 6/11/2021

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

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

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

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

State - The State of Florida.

1.5 Draft Contract

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

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this RFP from the date of release until an Agency Decision is posted on the 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.

1.7 Special Accommodations

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

1.8 Timeline of Events

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

Event Date Time* Location/Method

RFP Advertised 2/22/22 N/A Vendor Bid System

Questions Due 3/1/22 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

March 8, 2022 Vendor Bid System http://myflorida.com/apps/vbs/vbs_www.main_menu

Responses Due 3/17/22 3:00 PM

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

Public Opening 3/18/2022 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 3/28/22 4/1/22

Award Date (Anticipated) On or about:

4/12/22 Vendor Bid System

*All times are Eastern Time Zone.

1.9 List of Attachments and Forms

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

Attachment Title 1 Draft Contract 2 Past Performance Evaluation Form

Form Title A Business Response Form B Foreign State Preference Opinion Form C Client Reference Form D Price Sheet E Award Preference Form

2 RFP Process

2.1 Vendor Responsibilities

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

Vendors are responsible for understanding all terms and conditions of this RFP, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this RFP are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the RFP

The RFP is a method of competitively soliciting a commodity or contractual service under Chapter 287, F.S.

The RFP process involves three phases: Solicitation, Minimum Mandatory Requirement Review and Evaluation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit (If Applicable) The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non-Responsive.

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

2.3.1.2 Question and Answer Period

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

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:

RFP Section RFP Page # Question

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; 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 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline, Section 1.8. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses will be sent to the Evaluation Team for their qualitative review.

2.3.2.2 Responsibility Review

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

2.3.3 Evaluation Phase

2.3.3.1 Technical Response Evaluation

The Department will evaluate Responses from responsive and responsible Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation. All Respondents and Responses that meet the minimum mandatory requirements reviewed by the Procurement Officer will be evaluated according to the Evaluation Criteria in Section 5. Each evaluation team member will work independently using the Evaluation Criteria contained Section 5, to review and score Respondent’s Technical Response. Upon completion of the Technical Response evaluation, the evaluators will submit their scores to the Procurement Officer for tabulation.

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

2.3.3.2 Past Performance

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

2.3.3.3 Price Sheet Evaluation

The Procurement Officer will review the Price Sheet and apply the scoring criteria as contained in the Evaluation Criteria in Section 5.

2.3.3.4 Compilation of Scores

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

2.4 Conformance to Requirements

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

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

2.6 Addenda/Amendments to the RFP

The Department reserves the right to modify this RFP by issuing addenda and/or amendments. All changes to the RFP will be made through addenda or amendments posted on the 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.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

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

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

2.8 Disclosure of Response Contents

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

2.9 Withdrawal of Responses

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

2.10 Administrative Cure Process

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

2.11 Clarification Process

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

2.12 Information from Other Sources

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

2.13 Firm Response

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

2.14 Right to Reject

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

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

1. Cancel this Solicitation.

2. Make no Award and reject all responses.

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

4. 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.

5. Re-procure services.

2.16 Misrepresentations

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

2.17 Licensure & Registration

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

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section

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

2.19 Exclusivity

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

2.20 Diversity

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

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

2.21 Bid Protests

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

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

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

The Agency Clerk's address is:

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

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

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

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

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

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by sections 2.10 and 6.1 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

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

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

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

Code Title 76121900 Hazardous Waste Disposal.

76122003 Landfill for hazardous waste 76122404 Hazardous waste fee 76122304 Recycling of hazardous waste 93131800 Disaster Preparedness and Relief 81112004 Disaster Recovery Services 78131803 Hazardous Materials Storage 78121600 Material Handling Services http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference or a Site Visit.

3.3 Submission of Responses

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

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

3.4 Response Content Requirements

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

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

Electronic copy of the Price Sheet must be submitted within its original format (Excel).

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 Tab C Required Registrations/Permits None

3.4.1.1 Tab A: Executive Summary

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

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and, if Respondent’s principal place of business is outside of the State of Florida, Form B, Foreign State Preference Opinion Form.

Respondents must complete Form C, Client Reference Form, for three (3) Clients to whom Respondent has provided commodities and/or contractual services of similar scope and size as those identified in the RFP.

The three (3) completed Client Reference Forms shall be attached in this Tab. Respondents shall not list the Department as a reference. Current or former Contracts with the Department indicated in the Executive Summary will not count as one of the three references.

Respondent gives Department permission to contact client references and obtain their opinion of the Respondent’s past performance using the questions listed on Attachment 2. The Respondent acknowledges that Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

3.4.1.3 Tab C: Required Registrations/Permits

The Respondent must be a Department RHWT. The Contractor must also be registered with the Department as a HWTF or maintain a Department permitted TSDF in the State of Florida for storage.

Respondents not so registered and/or permitted shall be considered non-responsive and therefore, disqualified.

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 Background and Organizational Structure Tab C Qualifications and Experience Tab D Required Response Time Tab E Technical Approach Tab F Compliance Standards and Procedures

3.4.2.1 Tab A: Introduction

Respondents must provide a general description of how the Respondent will accomplish the overall goal of this Solicitation.

3.4.2.2 Tab B: Background and Organizational Structure

Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this Solicitation. Include any subcontractors (disposal companies, laboratories, etc.) to be used in fulfilling the requirements of this solicitation and explain how they will contribute.

3.4.2.3 Tab C: Qualifications and Experience

Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined. The resume or curriculum vitae for the proposed project manager and principal point of contact must be provided. Subcontractors’ capabilities and qualifications should be included. For laboratories include certifications to be considered and turnaround times;

b) Respondent’s past experience locating appropriate disposal facilities for all waste streams listed in the Section 4, Scope of Work, including radioactive, biomedical, chemical and biological warfare agents, reactive and shock sensitive materials;

c) Respondent’s experience with providing emergency response to secure, characterize, prepare, load and transport abandoned drums that may contain hazardous substances, materials, and/or waste;

and

d) Respondent’s knowledge of and experience with profiling containerized hazardous and non-hazardous waste. Include sampling and lab analysis as well as profile by generator knowledge and field characterization.

3.4.2.4 Tab D: Required Response Time

Respondents shall describe their ability to meet the six (6) hour response time requirement and their 24-hour communication system as described in Section 4, Scope of Work. The following must be included:

a) List of office locations that personnel and equipment will be dispatched from to meet the 6-hour response time requirement. For each office location, give the street address, personnel, vehicles, and equipment that will be available to respond.

b) The 6-hour response area for each office, assuming a 45 mile per hour rate of travel and using the Emergency Response Time Map in Section 3.7, Emergency Response Time Map. Identify any areas outside of the 6-hour response time and explain how the Respondent intends to provide response within 6 hours for these areas. The response areas should be limited to the contract regions the Respondent is submitting a response for.

c) Description of how the 24-hour communication system required in the Scope of Work, Section 4, will be used to receive and assign initial request and how the assigned personnel will communicate with the On-Scene Coordinator to establish an expected time of arrival and ensure all needed personnel, equipment and materials are dispatched.

3.4.2.5 Tab E: Technical Approach

Respondents should describe how they will accomplish the service described in Section 4, Scope of Work from arrival on-scene through final disposal of the drums. The following must be included:

a) How drums will be approached, characterized, secured, and prepared for transport;

b) How drums will be loaded and transported for disposal or interim storage prior to disposal (include shipping documentation and manifesting procedures;

c) How and where drums will be held while awaiting analysis results, acceptable disposal options, or criminal investigation (include time limits and drum management procedures);

d) How the Respondent will profile the drums and provide for sampling and analysis when need; and

e) How Respondent selects a disposal facility for specific waste streams.

3.4.2.6 Tab F: Compliance Standards and Procedures

Respondents shall provide a brief description of their training program and standards to ensure all personnel and sub-contractors providing services under this contract are trained in compliance with the Federal Occupational Safety and Health Administration (OSHA) Standards as codified in 29 Code of Federal Regulations (CFR) §1910.120, Hazardous Waste Operations and Emergency Response.

3.4.3 Volume III, Price Sheet

The Respondent must complete and submit the Form D, Price Sheet, using the instructions provided. The Price Sheet is to be organized as directed on the Form and must contain complete responses to all items. If a portion of any section is omitted, the Price Sheet may be deemed Non-Responsive at the sole discretion of the Department.

The Electronic Copy of the Respondent’s Price Sheet shall contain the same data as its Original copy and be submitted in Excel format using the Form D, Price Sheet.

3.5 Economy of Presentation

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

3.6 Confidential Response Materials and Redacted Submissions

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

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

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted.

An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

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

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

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

3.7 Emergency Response Time Map

Use the Emergency Response Time Map to graphically represent the 6-hour response area for each office as instructed in Section 3.4.2.4 (b).

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide abandoned drum response and disposal services for the Region(s) identified in Exhibit G, on an emergency basis, for coastal and inland incidents involving one (1) to ten (10) drums per incident (Service), as directed by the Department, Office of Emergency Response (OER). The drums often contain pollutants, hazardous waste, hazardous materials, hazardous substances or other materials that pose a potential or actual threat to human health or the environment.

The Contractor will provide all necessary personnel, equipment, materials, and facilities or otherwise do all things necessary to accomplish the Service in accordance with the Contract and in compliance with all federal, state, and local regulations. The Department will be the generator of the waste for manifesting purposes. There is no minimum guarantee of work under this Contract. All work will be authorized on an as-needed basis, by OER, using a Work Authorization/Supplemental Form (WAF), sample included as Exhibit F.

The Services performed under this Contract are expected to be primarily for drum removal. Occasionally, small amounts of contaminated soil/debris will need to be containerized and removed resulting in additional drums. For incidents involving or resulting in one (1) or two (2) additional drums, the Department may authorize the removal of more than 10 drums under this Contract. Incidents that are anticipated to involve a significant amount of soil/debris, or larger number of drums will be handled under another Contract.

4.2 Permit and Registrations

The Contractor and all subcontractors used to transport drums must maintain Hazardous Waste Transporter Registration (HWTR) with the Department during the term of this Contract. The Contractor must also be registered with the Department as a Hazardous Waste Transfer Facility (HWTF) or maintain a Department permitted Treatment Storage and Disposal Facility (TSDF) in the State of Florida for storage.

4.3 Definitions

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

Temporary Storage Areas (TSAs) – Storage buildings maintained by the Department District Offices for securing waste generated during emergency response prior to pick-up/transport for proper disposal.

On-Scene Coordinator (OSC) – OER Responder or Manager who signs the Work Authorization Form and is the point-of-contact for the authorized work.

Work Authorization/Supplemental Form (WAF) – Department form used to authorize work under the contract, explained further in Section 4.4 (i).

Drum(s) – Container and its contents. Most incidents involve 55-gallon drums that may need to be overpacked, but other types of containers and gas cylinders are also encountered and are a part of this Contract. For the purposes of this Contract, the words drums, containers and materials are used synonymously.

4.4 Service Requirements and Work Authorizations

a) Anticipated Service Requests The historic trends (past three (3) years) for number of incidents and drums are given below. While the relative proportions are expected to remain similar, there is no guarantee that future numbers will follow these trends.

Number of Incidents:

The Tampa and West Palm Beach office area, as described in Exhibit G, Response Regions Map, typically generate the majority of the abandoned drum incidents. The busiest counties tend to be Dade, Broward, Palm Beach, Pinellas, Hillsborough, Polk, Duval, Orange, and Brevard. On average, a total of twelve (12) drum incidents per year have required use of the drum removal contract.

• Inland: Seventy percent (70%) of the incidents were inland. Eighty percent (80%) of those were in the Tampa office area, leaving thirty percent (30%) for the rest of the State.

• Coastal: Sixty percent (60%) of the coastal incidents were in the West Palm Beach office region with the remaining forty percent (40%) spread throughout the rest of the State.

• Waste Profiling: Only one incident involved drums that required the Contractor to provide lab analysis. The remainder were profiled without analysis using generator knowledge or waste characterization.

Number and Contents of Drums:

• Inland: Approximately eighty percent (80%) of the inland incidents involved one (1) or two (2) drums. Ten percent (10%) involved three (3) to four (4) drums. The remaining ten percent (10%) involved five (5) to six (6) drums. Used oil, fuels, solvents, paint-related waste, and acids were the most common materials. However, other hazardous materials were occasionally encountered. Some drums were found empty or contained water or solid waste.

• Coastal: Most incidents involved one (1) to two (2) drums that contained saltwater, petroleum, or both and empty drums were frequently found.

b) Service Timeframes and Liquidated Damages

The Contractor will be required to arrive on site within six (6) hours of receiving a request from the OSC on a 24 hours / 365 days per year emergency basis to secure and prepare drums for transportation, transport, and provide for sampling and analysis, temporary storage, and disposal of the abandoned drums.

The Contractor must maintain a quick, reliable means of 24-hour communication, with a manned 24-hour phone number. Neither a pager nor answering machine will be considered a manned 24-hour phone service. The use of an answering service will meet the requirement. The Department will call and authorize a Contractor response to an incident. The Contractor must arrive on-site within six (6) hours of notification by the OSC, with all appropriate equipment, supplies and personnel for handling the incident. However, if the OSC approves, the Contractor may secure an on-site security service, at its expense, for the purposes of providing security of the drums until the Contractor can arrive on-site, as long as the security service arrives within the required six (6) hour time frame.

The Department may waive the six (6) hour time frame on a case-by-case basis, at its discretion.

The Contractor should note, however, that such waivers would be rare, and typically only in unusual, verifiable circumstances.

Failure to arrive on-scene within the time frame detailed above with the required personnel, equipment, and materials to provide the services requested is considered a breach of this Contract, and liquidated damages will be assessed at the rate of two hundred dollars ($200.00) per hour for each hour (or a pro-rated portion of an hour) that exceeds the six (6) hour arrival time (Late Fee). The Late Fee Assessment will not exceed the total invoice amount. The parties agree that response time is critical to the performance of this Contract, that actual damages caused by failing to arrive at the designated time are impossible to assess at this point, that the Late Fee is a reasonable assessment of damages and is not considered a penalty. The Late fee is the exclusive remedy for the Department for this specific breach. The Department reserves the right to use the Late Fee to offset any moneys owed to the Contractor.

c) Response Activities

The Contractor will respond to the incident site to secure the drums within the timeframes specified above. The Contractor may be required to sample, consolidate and/or overpack drums; containerize and remove small amounts of contaminated soil/debris (in case of minor drum leakage) and prepare the drums for transportation, as directed by the OSC.

While in the field, before transporting the drums, the Contractor will need to characterize the contents of all drums. This may require field tests. The exact type of field tests will be determined by the OSC, but the Contractor is expected to have, at a minimum:

• pH paper;

• vapor detector; and

• a means to conduct field ignition tests (matches and watch glass or other container for checking each sample for ignitability).

The Contractor will transport the drums to a Department TSA, the Contractor’s Florida HWTF or TSDF, or another location approved by the OSC. The Contractor will provide temporary drum storage at their facility until the drums are shipped for disposal, while a hazardous waste determination is made, a suitable disposal facility is identified, or criminal/civil investigation is completed.

When transporting the drums, the Contractor shall comply with the U.S. Department of Transportation (DOT) hazardous material transportation regulations, which shall include the use of a shipping paper or a manifest. The Department's "Shipping Paper for Suspected Hazardous Materials," Exhibit H which gives tentative shipping descriptions, may be used by the Contractor to satisfy this requirement when transporting the drums from the field during the emergency response. The Contractor shall provide all appropriate containers, placards, drum labels, and markings.

In cases where the Department's Emergency Responder can identify the contents of an abandoned drum(s) and deems it safe for them to transport on their own, the Department's responder can take the drum(s) to the nearest contractor facility for disposal. The Department's responder will call the contractor's main number to make the arrangements for a drop-off. The Department's responder will complete all necessary DEP documentation before the drop-off occurs. The contractor will then dispose of the waste as usual providing all necessary documentation at the time of invoicing. Drop-off rates will be applied when the Department's responder transports a drum(s) to the contractor's facility at which time the mobilization fee found within the contract will be waived. All other costs (disposal, analytical, etc.) will remain as indicated.

d) Disposal Profiles and Analysis The Contractor will provide and complete all waste profiles…