DEP Solicitation No. 2017007C Page 1 of 71

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Solicitation Acknowledgement Form

Invitation to Negotiate

CONTRACTUAL SERVICES

Page 1 of 71 pages SUBMIT BID TO:

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

AGENCY RELEASE DATE:

Monday, September 19, 2016

SOLICITATION TITLE:

INNOVATIVE SOLUTIONS FOR OSBORNE REEF

TIRE ABATEMENT SERVICES

SOLICITATION NO.:

2017007C

Responses WILL BE OPENED: Wednesday, October 12, 2016 @ 3:00 P.M.

and may not be withdrawn within 180 days after such date and time.

VENDOR NAME:

VENDOR MAILING ADDRESS: ________________________________________________

CITY-STATE-ZIP: *AUTHORIZED SIGNATURE (MANUAL)

PHONE

NUMBER:

TOLL FREE

FAX NUMBER: *AUTHORIZED SIGNATURE (TYPED), TITLE

EMAIL

ADDRESS:

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

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

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

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

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

RESPONDENT CONTACTS: Please provide the name, title, address, telephone number, and e-mail address of the official contact and an alternate, if available.

These individuals shall be available to be contacted by telephone or attend meetings, as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT:

SECONDARY CONTACT:

NAME, TITLE: NAME, TITLE:

ADDRESS: ADDRESS:

FAX NUMBER: FAX NUMBER:

EMAIL ADDRESS: EMAIL ADDRESS:

DEP Solicitation No. 2017007C Page 2 of 71

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

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

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

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

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

NON-RESPONSIVE AND REJECTED PRIOR TO ITS CONSIDERATION.

TABLE OF CONTENTS

SCHEDULE OF EVENTS

SECTION 1.00 – INTRODUCTION

1.01. PURPOSE AND SCOPE

1.02. PROCUREMENT OFFICER

1.03. INVITATION TO NEGOTIATE PROCESS

1.04. QUESTIONS

1.05. ADDENDA

1.06. GENERAL INSTRUCTIONS FOR PREPARATION OF THE RESPONSE

1.07. SUBMITTAL OF RESPONSE

1.08. ALTERNATE RESPONSES

1.09. ELABORATE RESPONSES

1.10. GENERAL EVALUATION INFORMATION

1.11. EVALUATION CRITERIA SCORING

1.12. POSTING OF SCORE AND NOTICE OF NEGOTIATIONS

1.14. NEGOTIATION PHASE

1.15. DEPARTMENT NEGOTIATION RIGHTS

1.16. POSTING OF AGENCY DECISION

1.17. NUMBER OF AWARDS

1.18. AWARD

1.19. TYPE OF CONTRACT CONTEMPLATED

1.20. CONTRACT TERM

1.21. CONTRACT RENEWAL

DEP Solicitation No. 2017007C Page 3 of 71

1.22. FLORIDA DEPARTMENT OF STATE REGISTRATION REQUIREMENTS

1.23. MYFLORIDAMARKETPLACE VENDOR REGISTRATION

1.24. STATE PROJECT PLAN

1.25. RESPONDENT RESPONSIBILITY

SECTION 2.00 – GENERAL INSTRUCTIONS TO RESPONDENTS (PUR 1001)

SECTION 3.00 – SCOPE OF WORK

3.01. CONTRACTOR RESPONSIBILITIES

3.02. PERMITS

3.03. MOBILIZATION

3.04. NAVIGATION AND OBSTRUCTION OF CHANNELS

3.05. COMMERCIAL DIVING AND UNDERWATER OPERATIONS

3.06. ACCEPTANCE AND PAYMENT FOR REMOVAL AND PROCESSING OF TIRES

3.07. MISPLACED MATERIAL

3.08. FINAL CLEAN-UP

3.09. PROTECTION OF WORK

3.10. STATUTES, LAWS AND REGULATIONS

3.11. WEATHER CONDITIONS

3.12. NOTIFICATIONS

3.13. DELIVERABLES

EXHIBIT A – BROWARD TIRE REEF PLAN VIEW

SECTION 4.00 – SPECIAL CONDITIONS

4.01. DEFINITIONS

4.02. ADDITIONAL QUANTITIES

4.03. ADDITIONS / DELETIONS

4.04. ASSERTION OF CONFIDENTIALITY REGARDING SUBMITTED MATERIALS

4.05. COMPLIANCE WITH LAWS

4.06. CONFLICT OF INTEREST

4.07. DISCLOSURE

4.08. DISCLOSURE OF LITIGATION

4.09. E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION

4.10. FINANCIAL CONSEQUENCES

4.12. FIRM RESPONSE

4.13. FORUM SELECTION AND CHOICE OF LAW

4.14. INSURANCE

4.15. INVOICING AND PAYMENT

DEP Solicitation No. 2017007C Page 4 of 71

4.16. LAWS AND PERMITS

4.17. MISREPRESENTATIONS

4.18. PERFORMANCE BOND

4.19. PUBLIC REQUESTS FOR RESPONSES

4.20. QUALIFICATIONS

4.21. SAMPLES

4.22. SCRUTINIZED COMPANIES LISTS

4.23. SUBCONTRACTING

SECTION 5.00 – GENERAL CONTRACT CONDITIONS (PUR 1000)

SECTION 6.00 – RESPONSE FORM

SECTION 7.00 – CERTIFICATION OF DRUG-FREE WORKPLACE

SECTION 8.00 – CLIENT REFERENCE FORM

SECTION 9.00 – EVALUATION CRITERIA

SECTION 10.00 – EVALUATION OF PAST PERFORMANCE

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

SUMMARY FORM

SECTION 12.00 – CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS

SECTION 13.00 – TASK ASSIGNMENT FORM

SECTION 14.00 – TASK ASSIGNMENT CHANGE ORDER FORM

SECTION 15.00 – CONTRACT PAYMENT REQUIREMENTS

SECTION 16.00 – PROPOSED CONTRACT

SECTION 17.00 – SOLICITATION RESPONSE CHECKLIST

– Remainder of Page Intentionally Left Blank –

DEP Solicitation No. 2017007C Page 5 of 71

SCHEDULE OF EVENTS

DATES EVENTS METHOD

Monday, September 19, 2016

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

Monday, September 26, 2016

@ 3:00 pm

Questions Submitted in Writing

Procurement Contact:

Rebecca D. Hale, Procurement Officer DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, FL 32399-3000

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

Friday, September 30, 2016

Answers to Questions Posted

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

MUST BE RECEIVED

NO LATER THAN:

Wednesday, October 12, 2016

@ 3:00 pm

SEALED RESPONSES

DUE AND OPENED

Submit to:

Rebecca D. Hale, Procurement Officer DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, FL 32399-3000

SOLICITATION NUMBER MUST BE ON ENVELOPE

On or about Monday, October 31, 2016

Notice of Negotiations The Department anticipates posting the evaluation scores and the notice of negotiations (Section 1.12) on the Vendor Bid System:

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

On or about Tuesday, November 15, 2016

Negotiations ITN Contract Negotiations Begin

Monday, December 12, 2016

Anticipated Posting of Recommended Award

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

February 1, 2017 Contract Effective Date mailto:rebecca.hale@dep.state.fl.us http://www.myflorida.com/apps/vbs/vbs_www.main_menu

DEP Solicitation No. 2017007C Page 6 of 71

SECTION 1.00 – INTRODUCTION

1.01. Purpose and Scope. The Department of Environmental Protection (hereinafter referred to as the "Department") is requesting responses from qualified vendors to provide innovative solutions in performing submerged waste tire retrieval and disposal services in support of the Department’s Osborne Reef Restoration.

1.02. Procurement Officer.

Rebecca D. Hale, Procurement Officer DEP Procurement Section, Carr Building, Room 215 Florida Department of Environmental Protection 3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000 Telephone Number: (850) 245-2367 rebecca.hale@dep.state.fl.us

1.03. Invitation to Negotiate Process. The Invitation to Negotiate (ITN) process consists of three (3) sequential phases: 1) the Response Preparation Phase; 2) the Evaluation Phase; and 3) the Negotiation Phase.

I. In the Response Preparation Phase, the Respondent(s) will prepare and submit a Response to the Procurement Officer based on the requirements identified in this Solicitation and any addenda to the Solicitation.

II. In the Evaluation Phase, an evaluation team will evaluate and score the Responses according to the evaluation criteria contained in the Solicitation and any addenda to the Solicitation.

III. In the Negotiation Phase, Negotiations will be conducted according to the negotiation methodology published in Section 1.14, Negotiation Phase. The ranking of Respondents’ Responses will not create a presumption of preference in the negotiation process or for contract award.

1.04. Questions. Information will not be provided by telephone. The Procurement Officer shall not be bound by any verbal information or by any written information that is not contained within the Solicitation documents or formally noticed and issued by the DEP Procurement Section.

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

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

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

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

WITH THESE INSTRUCTIONS WILL NOT BE REVIEWED OR EVALUATED.

mailto:rebecca.hale@dep.state.fl.us

DEP Solicitation No. 2017007C Page 7 of 71

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

A. Solicitation Acknowledgement Form (Tab A): The Solicitation Acknowledgement Form (original copy provided in solicitation package) shall be completed as instructed. The original signed copy shall be submitted in one (1) copy of the response package marked "Original". Four (4) additional hard copies of the Technical Response package, including a copy of the signed original Solicitation Acknowledgement Form shall be submitted to the Department. One (1) duplicate electronic copy of the complete Technical Response, in .pdf format, shall be provided on a CD, DVD, or USB memory stick. If a Respondent fails to submit a completed Solicitation Acknowledgement Form with their Response, the Department reserves the right to contact the Respondent by telephone for submission of this document via fax with follow up via mail. This right shall be exercised when the Technical and Price Responses have met all other requirements of the Solicitation.

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

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

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

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

(1) Introduction (Limit 2 pages): This section should provide a general description of how the Respondent will accomplish the overall goal of this project. It should include identification of key elements needed for development of an online, open source, mapping tool, or identify the online, open source, mapping tool that will be used.

(2) Company Background and Organizational Structure (Limit 4 pages): This section shall provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this project. Respondents should present the organizational structure of the proposed team and outline the responsibilities of each team member, as applicable. If subcontractors will be used, identify the tasks for which they will be responsible. Only personnel who are current employees of the Respondent or of the subcontractors shall be identified.

(3) Company Financial Capabilities (Limit 2 pages): The Respondent shall provide the following financial data summary for the last three years.

a) The Respondent’s historical bonding/letter of credit performance by identifying the amount, date, status and any defaults.

DEP Solicitation No. 2017007C Page 8 of 71

b) Identify anticipated maximum financial assurance (performance bond/financial guarantee bond/letter of credit) limits and proposed instrument of up to $250,000. Such identification shall be documented by letter from the financial institution or surety company, on its letterhead stationary, clearly identifying the company and the current level of financial assurance it is willing to provide.

The surety company(ies) providing documentation (regarding performance or financial guarantee bonding limits) on behalf of the Respondent and its intended subcontractors must be authorized to do business in the State of Florida and appear in the Treasury Department’s Circular 570. Circular 570 is a publication issued by the Department of Treasury which lists all authorized sureties, their authorized states of operation, and their maximum underwriting limitations. A copy of the circular may be obtained at the following website: https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm

If an irrevocable letter of credit is selected as the means of demonstrating financial assurance to the Department, the institution providing documentation on behalf of the Respondent or its intended subcontractors must be regulated by the federal government or the State of Florida and be authorized to do business in the State of Florida.

At a minimum, each respondent must demonstrate its ability to obtain financial assurance in the amount of $50,000. If a respondent is unable to provide such documentation, the response package will be disqualified from consideration for contract award. Since contractors selected under this solicitation will be required to post an irrevocable letter of credit, performance bond, or financial guarantee bond in the amount of 50% of any specific task assignment, the project(s) awarded to each selected contractor shall be limited to no more than twice the financial assurance limit documented by the appropriate surety company or financial institution. For projects which exceed $500,000, the Department reserves the right to approach selected contractors demonstrating financial assurance in the amount of $250,000 to perform the project, upon demonstration of their ability to provide the 50% financial assurance required. The table provided below identifies various financial assurance limits and the resulting limitation the Department will place on the contractor for task assignments.

Financial Assurance Limit Task Assignment Limit $50,000.00 $100,000.00 $100,000.00 $200,000.00 $250,000.00 $500,000.00

(4) Detailed Project Approach (Limit 5 pages, plus 1 additional page, if needed, for discussing innovative tire retrieval approaches and 1 additional page for discussing proposed tire transport, processing and/or disposal methods):

(a) The Respondent shall summarize their proposed method of retrieval of the waste tires from the ocean floor. Expand on any innovative approaches to the retrieval of tires from the ocean floor.

(b) The respondent shall describe the methods and any required coordination to be used to relocate ESA-listed corals.

(c) The respondent shall describe the methods and any required coordination to be used to avoid contact or other project related impacts to hard bottom areas associated with Osborne Reef. For each tire retrieval method proposed, such description shall include the proposed work areas, or a process and criteria to pre-select those areas prior to commencement of work.

(d) The respondent shall summarize their proposed method of transportation of waste tires from the ocean to the processing and/or disposal facility. Transportation of tires on public roadways must be by a currently registered Florida Waste Tire Collector. All tires must https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm

DEP Solicitation No. 2017007C Page 9 of 71 be processed and/or disposed of at a Florida permitted processing/disposal facility.

Expand on any processing approaches that are considered recycling.

(e) The respondent shall list and describe all required permits for proposed method of abatement of the waste tires from the point the tires are removed from the ocean floor to the point that the waste tires are processed and/or disposed. The respondent shall describe any critical permit requirements that must be addressed by the proposed removal option, and provide an estimated timeframe for obtaining necessary permits.

The respondent shall demonstrate the ability to get permits for this type of work by either having permits for similar types work or having examples of permitted work done in sensitive marine environments.

(f) The respondent shall also submit a proposed salvage plan. The salvage plan shall describe the method of barge anchoring and method of tire recovery if different from information presented in Section 3.00.

(g) The respondent shall provide a description of the expected abatement rate, include the total time (in days) it will take to remove, transport, and process 100,000 of the waste tires. This time will encompass the period from initial mobilization to the processing and/or disposal of the 100,000th tire.

(5) Qualifications and Experience (Limit 10 pages): This section should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

(a) Contract managers, site managers, maintenance managers, and other pertinent personnel must be identified. The respondent must identify specific personnel whom they plan to utilize on tasks issued under the contract(s) resulting from this solicitation, and provide their resumes in an appendix to the technical response package. The appendix containing resumes shall be limited to no more than ten (10) total pages of which each professional resume shall be limited to no more than two (2) pages.

(b) Respondent’s past experience in marine salvage. The resumes, as requested above, must demonstrate personnel with experience in marine salvage, their project experience, and roles in projects.

(c) The Respondent shall submit the name, owner, and registration information for support and surface vessels to be used under the contract resulting from this solicitation. The respondent shall provide the availability and size of the vessel or vessels to be utilized for the project. The vessel’s cargo capacity should be included. Cargo capacity shall include the anticipated number of tires the vessel can safely transport in one load. If the identified vessel or vessels are not owned by the Respondent, documentation in the form of a subcontractor letter shall be submitted. Response shall be considered not responsive if arrangements for the vessels have not been made.

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

(6) Project Management (Limit 2 pages): The Respondent shall describe project organization and management methods which are most appropriate for successful execution of the services described in this solicitation.

(7) Availability (Limit 1 page): The Department intends to execute contract(s) as soon as possible after the announcement of contract awards. The Respondents shall identify available contract capacities and notification time required to initiate site operations, including the following:

DEP Solicitation No. 2017007C Page 10 of 71

(a) Guaranteed capacity (tons/week) for removal available for contract implementation during each of the calendar years 2017 through 2019, including an explanation of any major seasonal or annual variations. The two-year capacity schedule shall include anticipated weather conditions.

(b) Time required to initiate operations from the date of notification of intended contractor task award.

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

In the spaces provided on Client Reference Form (Section 8.00), the Respondent must provide the required information for a minimum of five (5) separate and verifiable clients which have been completed for clients of the Respondent (not intended subcontractors) for similar projects. The description of the services performed for these projects must include at a minimum the following information: a) quantity of tires or other materials removed and approximate cost of project services;

b) date contracted, contract completion date and actual completion date; c) Respondents role and share of project revenue, as well as the name, address, contact person, phone number, role and share of contract revenue for any subcontractors or affiliated entities participating in the contracted activities or revenue.

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

Clients that are listed as subcontractors in the Respondent’s response will not be accepted as Past Performance references under this Solicitation. Firms that are currently parent or subsidiary companies to the Respondent will not be accepted as Past Performance references under this Solicitation.

In the event that the Respondent has had a name change since the time work was performed for a listed reference, the name under which the Respondent operated at the time that the work was performed must be given, at the end of the project description for that reference, on the Client Reference Form (Section 8.00).

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

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

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

DEP Solicitation No. 2017007C Page 11 of 71

Failure to provide the required information for a minimum of three (3) separate and verifiable clients in the spaces provided on the Client Reference Form (Section 8.00), or failure to provide the required information for each reference shall result in the Respondent receiving a score of zero (0) for the Past Performance section of the evaluation criteria.

Failure of the respondent to provide any of the information required in the technical response portion of the RFP response shall result in a score of zero (0) for that element of the evaluation, with the exception of the demonstration of ability to obtain financial assurance in the amount of $50,000.00, and the cost information on Section 6.00 which shall result in the response being deemed non-responsive and therefore, rejected.

D. Respondent/Subcontractor Summary Form (Must use pages provided) (Not included in page count) (Tab D): On the Respondent/Subcontractor Summary Form (Section 11.00) provided, the Respondent shall list the name of the Respondent(s) and indicate the one business category of the Respondent.

All Respondents shall supply written proof of subcontract arrangements for this Solicitation.

Documentation shall be supplied for each subcontractor which the Respondent intends to utilize and for which the Respondent has identified the qualifications and experience of in their Response. The written documentation shall be a one (1) page letter supplied by the subcontractor on its letterhead stationery, clearly identifying the DEP Solicitation Number and a clear agreement to provide services to the Respondent's company.

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

E. State Project Plan (Tab E): The Respondent shall submit a written plan addressing the State’s five (5) objectives listed in Section 1.23, State Project Plan, to the extent applicable to the items/services covered by this Solicitation. The Department expects Respondents to address each objective. Objectives not addressed in the selected contractor’s response must be addressed prior to contract execution. The State reserves the right to negotiate mutually acceptable changes with the Respondent selected for award, prior to execution of the contract.

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

• Certification of Drug-Free Workplace, Section 7.00;

• Letters supporting Respondent’s financial assurance limitations; and

• Copies of current certificate of insurance.

• Part II, Price Response (Not included in page count): Price responses not submitted on the Response Form (Section 6.00) shall be rejected. The Respondent’s Response Form must be submitted on the forms provided in the Solicitation. Submit the price response in a separately sealed package marked Price Response.

The cost/price section of the technical response package should not be used as a supplement to, or for providing technical information in addition to that presented in the preceding sections of, the technical response package.

This is not a competitive contract with respect to total contract cost, however, cost will be one of the criteria evaluated. Work under any contract awarded as a result of this solicitation will be done on a task assignment basis. Specific tasks to be assigned under the contract have not yet been identified, therefore, costing of actual work elements will not be possible.

The cost range estimates on the Response Form shall include separately estimated cost ranges for any proposed combination of tire retrieval alternatives and transport / processing / disposal alternatives.

DEP Solicitation No. 2017007C Page 12 of 71

Each respondent shall use the forms provided as Section 6.00 for completion of this portion of the cost/price section. Section 6.00 shall be specific and complete in every detail.

Rates listed on the Schedule of Rates on pages 2 and 3 of Section 6.00 for personnel and equipment shall be current rates. All overhead rates, fringe benefit rates, general and administrative rates, and fee (profit) loaded into these rates shall be clearly identified by percentage and means of application.

Such rates, with the exception of fee, shall be supported by audit.

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

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

(2) parts and be marked as follows:

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

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

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

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

The Respondent must submit five (5) copies (one (1) Original hard copy and four (4) duplicate copies) and one (1) duplicate electronic copy of the response must be submitted for review by the Department. The original hard copy of the response shall bear original signatures and be marked as the “Original”. The electronic copies of the response may be submitted on CD, DVD, or USB-compatible memory stick and must be in .pdf format. The Department will reject responses submitted in alternate file formats or which contain information different from that in the hard copy of the Response.

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

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

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

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

NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001) Paragraph 2.03, Electronic Submission of Responses.

1.08. Alternate Responses. A Respondent may not submit more than one (1) Response. The Department seeks each Respondent’s single-best response.

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

DEP Solicitation No. 2017007C Page 13 of 71

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

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

NOT BE CONSIDERED.

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

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent’s response. In submitting its response, a Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have not force or effect.

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

1.11. Evaluation Criteria Scoring. With the exception of the cost and past performance reviews, each Response will be reviewed by at least three (3) evaluators. Each member of the Evaluation Committee will be provided a copy of each Technical Response. Responses will be evaluated independently on the criteria established in Section 9.00, Evaluation Criteria, in order to ensure that Responses are uniformly rated. The Evaluation Committee will assign points, utilizing the technical evaluation criteria identified herein and the Procurement Office will complete a technical summary.

A Department representative will contact references via telephone to obtain the past performance reviews.

The DEP Procurement Section will evaluate the cost section of the Response. The scores for the past performance reviews and the cost evaluation shall be provided to the evaluators for inclusion on their score sheets for calculation of the total numerical rating.

The DEP Procurement Section will use the total point scores to convert to rank by each evaluator and then calculate an average rank for each Response for all evaluators. Using the evaluation criteria specified below, in accordance with Section 287.057, F.S., the Department shall evaluate and rank responsive Responses and, at the Department’s sole discretion, proceed to negotiation.

The Department reserves the right to request oral presentations/seek clarification on any Response submitted. Information requested and received will be evaluated by the Evaluation Committee based on the criteria established in Section 9.00, Evaluation Criteria. During this stage Respondents will be asked to provide any clarifications needed by the Evaluation Committee to assist in evaluating their Response.

Information received in this stage will be added to the Respondent’s Response and evaluated as a part of the appropriate section above.

For example:

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

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

DEP Solicitation No. 2017007C Page 14 of 71

1.12. Posting of Score and Notice of Negotiations. Scores and ranks of all Responses will be posted with the Notice of Negotiations. The Notice of Negotiations will be electronically posted by the date and time indicated in the Schedule of Events for seventy-two (72) hours (Saturdays, Sundays and State holidays excluded) on the MyFlorida.com website at the following link:

http://vbs.dms.state.fl.us/vbs/search.criteria_form.

1.14. Negotiation Phase. The Department will proceed to negotiate with one (1) or more selected Respondent(s), based on the highest scores calculated during the evaluation phase described in the Evaluation Criteria Scoresheet, as described in Section 9.00, Evaluation Criteria. The negotiations will not be open to the public, but will be recorded.

A. Notice of Intent to Negotiate. The Department will electronically post a Notice of Intent to Negotiate by the date and time indicated in the Schedule of Events for seventy-two (72) hours (Saturdays, Sundays, and State holidays excluded) on the Vendor Bid System at the following website URL address:

http://vbs.dms.state.fl.us/vbs/search.criteria_form.

B. Negotiation Meetings. Pursuant to s. 286.0113(2)(a), F.S., Negotiations between the Department and potential contractors resulting from an Invitation to Negotiate are exempt from s. 286.011, F.S. and, as such, are not open to the public. Negotiation meetings thus exempted must be completely recorded.

No portion of the meeting may be held off the record. The recording is exempt from public disclosure until notice of an intended decision is posted, or for thirty (30) days after the final competitive sealed Responses are opened, whichever occurs earlier.

Negotiation meetings will be conducted in Tallahassee, Florida. The Department reserves the right to schedule Negotiation meetings (including oral presentations) at a different location in the State, based on Solicitation Responses and/or written requests received from Respondent(s) for an additional meeting venue. The Department will distribute instructions and/or agendas in advance of each negotiation session. Representatives for each Respondent(s) should plan to be available, without interruptions, for the entirety of the Respondent’s scheduled Negotiation meeting. The Department will require all project team leaders for this project to attend its Respondent’s oral presentation.

C. Negotiation Methodology. Negotiations will include the scope of work and related services to be provided by the Respondent(s) until acceptable contract terms are agreed upon, or it is determined that an acceptable agreement cannot be reached. This process will continue until the Department receives Best and Final Offer (BAFO) from the participating Respondent(s). The Department reserves the option to resume negotiations that were previously suspended.

Before award, the Department reserves the right to seek clarifications, to request Reply revisions, and to request any information deemed necessary for proper evaluation of Replies. Respondent(s) may be requested to make a presentation, provide additional references, provide the opportunity for site visits, etc. The Department reserves the right to require attendance by particular representatives of the Respondent(s). Any written summary of presentations or demonstrations shall include a list of attendees, a copy of the agenda, and copies of any visuals or handouts, and shall become part of the Respondent’s Response. Failure to provide requested information may result in rejection of the Response.

The focus of the negotiations will be on achieving the solution that provides the best value to the State.

In submitting a Response Respondent(s) agrees to be bound to the terms of this Solicitation, however, the Department reserves the right to negotiate different terms and related price adjustments if the Department determines that it is in the State’s best interest to do so.

The Department reserves the right to reject any and all Responses, if the Department determines such action is in the best interest of the State or the Department. The Department reserves the right to negotiate concurrently or separately with competing Respondent(s). The Department reserves the right to accept portions of a competing Respondent’s Response and merge such portions into one project, including contracting with the entities offering such portions. The Department reserves the right to waive minor irregularities in Responses.

http://vbs.dms.state.fl.us/vbs/search.criteria_form

DEP Solicitation No. 2017007C Page 15 of 71

1.15. Department Negotiation Rights. The Department reserves the right to negotiate separately or concurrently with competing Respondent(s), as described herein. All Solicitation Respondent(s) should be cognizant of the fact that the Department, upon completion of each step, reserves the right to select a Respondent(s) or terminate the negotiations process without selecting a Respondent(s) if the Department determines such action would be in the best interest of the State.

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

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

Click on BUSINESS Click on “Doing Business with the State” Under the “Everything for Vendors and Customers” heading, click on “Vendor Bid System” Under the “Agency” search field, select the “Department of Environmental Protection” and click on “Initiate Search” Click on the applicable solicitation number NOTE: This section supersedes Section 2.00, General Instructions to Respondents (PUR-1001), Paragraph 13, Electronic Posting of Notice of Intended Award.

1.17. Number of Awards. The Department anticipates the issuance of one (1) contract for services under this Solicitation, however multiple contract may be awarded if it is in the Department’s best interest. The Department, at its sole discretion, shall make this determination.

1.18. Award. As may be in the best interest of the State, the right is reserved to award based on all or none, groups of services, or any combination thereof, to a responsive, responsible Respondent(s). As may be in the best interest of the State, the right is reserved to reject any and/or all Responses or to waive any minor irregularity in Responses received. In addition, the Department reserves the right, in its discretion, to correct deviations during the negotiation phase. Conditions which may cause rejection of Response include, without limitation, evidence of collusion among Respondent(s), obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts. Upon completion of the negotiation process, the Negotiation Team will reach a consensus on which Respondent(s) it believes offers the best value to the Department and recommend award accordingly. Upon consideration of the recommendation, the Secretary or designee of the Department, or a duly authorized designee, shall make the award decision. The Department reserves the right to award any or all parts of the Solicitation to a single Respondent(s).

The Department’s intended award decision will be posted for seventy-two (72) business hours on the VBS at: www.myflorida.com. For specific instruction on how to access VBS see Section 1.04., Questions.

A copy will also be available upon receipt of a written request by the Procurement Office. Telephone requests will NOT be accepted. Each written request must contain a self-addressed, stamped envelope (unless an e-mail Response is being requested) and must reference the Solicitation title and number.

1.19. Type of Contract Contemplated. A combination fee schedule/cost reimbursement/fixed price task assignment contract is proposed (based on the prices submitted by the selected Respondent on Response Form, Section 6.00); however, the Department reserves the right to award another type contract, if such will be most advantageous to the Department and the State of Florida, price and other factors considered.

The selected contractor shall be paid for the services rendered under the contract resulting from this Solicitation upon satisfactory completion of these services.

A copy of the proposed contract containing all requirements is included as Section 16.00. The requirements contained in the proposed contract should be closely reviewed by the offeror since modifications proposed by the Respondent may not be considered.

http://www.myflorida.com/

DEP Solicitation No. 2017007C Page 16 of 71

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

1.20. Contract Term. The term of the contract will begin upon execution by both parties and remain in effect for a period of three (3) years, unless cancelled earlier in accordance with the terms of the contract.

1.21. Contract Renewal. The Department reserves the right to renew any contract resulting from this Solicitation. Renewal shall be subject to the terms and conditions set forth in the existing contract and shall be limited to no more than an additional term not to exceed three (3) years or the original term of the contract, whichever is longer. Renewal of this contract shall be in writing and subject to the same terms and conditions of this contract.