RFP 2023014.pdf

Request for Proposals (RFP)

For

Environmental Site Assessment Services

(ESA)

RFP 2023014

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

Environmental Site Assessment Services (ESA)

Rev.7/18/22

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

4 Scope of Work

4.1 Scope of Work

4.2 Contractor Responsibilities

4.3 Department’s Responsibilities

4.4 Enforcement

4.5 Rate Adjustments

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 Environmental Site Assessment Services (ESA). The Solicitation will be administered through the Vendor Information Portal (VIP). 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 Environmental Site Assessment Services (ESA), hereby incorporated by reference. The Department intends to make a multiple award. The Department intends to award up to five (5) contracts, however the Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.2 Background and Program Information

Phase I ESA Services are required as part of the Department’s due diligence conducted prior to completing Land Acquisitions throughout the State of Florida through the Florida Forever Act. Florida Forever is Florida’s premier conservation and recreation lands acquisition program. Florida Forever replaced Preservation 2000 (P2000), the largest public land acquisition program of its kind in the United States.

1.3 Anticipated Contract Term & Renewals

The initial term of the Contract will be five (5) year(s) with up to five (5) 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.

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 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 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 VIP. 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 VIP, at https://vendor.myfloridamarketplace.com/ 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 VIP. It is the responsibility of the Respondent to check VIP on a regular basis for such updates.

Event Date Time* Location/Method RFP Advertised 5/8/23 N/A Vendor Information Portal Questions Due 5/22/23 5:00 PM Email to Procurement Officer Answers Posted (Anticipated)

On or about:

6/5/23 Vendor Information Portal

Responses Due 6/19/23 3:00 PM

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

Public Opening 6/20/2023 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 7/10/23 7/14/23

Award Date (Anticipated) On or about:

7/31/23 Vendor Information Portal

*All times are Eastern Time Zone.

https://vendor.myfloridamarketplace.com/

Rev.7/18/22

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 VIP 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 (also known as Rate Schedule) 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 VIP 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 VIP.

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 VIP. It is the responsibility of the Respondent to check for any changes on the VIP. 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:

• Cancel this Solicitation.

• Make no Award and reject all responses.

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

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

• Re-procure services.

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_reso urces/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 77000000 Environmental Services 77100000 Environmental management 77101502 Environmental standards 77101503 Environmental indicators analysis 77101505 Environmental monitoring 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 One (1) copy of each Volume CD/DVD/USB Redacted Electronic Copy of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

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

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

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

3.4.1.2 Tab B: Required Forms

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

3.4.2 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

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.

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, whether engaged on a full or part-time basis, years of industry experience for each individual, availability, and the organizational structure and management methods as they relate to the requested services. The resume or curriculum vitae for the proposed project manager, principal point of contact, and other key personnel must be provided. Office locations for key personnel must also be identified.

b) Respondent’s approach to planning, performing, and completing ESA. This section shall explain the Respondent’s approach, capabilities, and methods to be used in accomplishing the tasks; the resources, facilities, and equipment available to the Respondent, areas of Florida in which the Respondent can provide requested products and/or services; proposed timeframes for furnishing products and/or services; and any innovative concepts or techniques proposed for completing tasks and delivery of the products and/or services.

c) Respondent’s experience with establishing a Quality Control Plan. This section shall explain the proposed review/quality control process to be implemented to ensure that quality work products and services can be delivered in a timely manner. The selected Contractor may work on several projects simultaneously and therefore, should indicate how work overloads will be managed to prevent project delays.

d) Respondent’s knowledge of and experience with conducting Phase I Environmental Site Assessments per American Society of Testing and Materials standards 1527 and 2247 https://www.astm.org/. This section shall also explain the respondents experience conducting Phase II Environmental Site Assessments, including but not limited to, soil/groundwater sampling, assessment, source removals, lead based paint, radon, mold, and asbestos surveys.

This section shall also explain how the respondent procures and manages any subcontractors needed for these additional services.

3.4.3 Volume III, Rate Schedule

The Respondent must complete and submit the Form D, Rate Schedule, using the instructions provided.

The Rate Schedule 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.

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.

https://www.astm.org/

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.

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide Environmental Site Assessment Services (ESA), on a Task Assignment (TA) basis. These services may include, but not be limited to, the performance of all levels of ESA’s (i.e., Phase I, Phase II and updates) in compliance with the Division of State Lands’ (DSL) requirements (see Exhibits G, I, J, and K); summarizing recommendations and conclusions; preparing recommendations and conclusions; remediation coordination; remediation activities; clerical staff assistance for ESA and related document processing, project assessment and remediation consultation.

(Service).

All sampling and analysis performed under the contract resulting from this solicitation must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and the Quality Assurance Requirements for Department Contracts (see Exhibit D).

The selected Contractor(s) may also be involved in the preparation of cost estimates and Scopes of Services for Phase II ESA’s if required by the Department after a Phase I ESA, at no additional cost to the Department for the estimates. This may include compilation of information and products, research, and office work necessary for identification of tasks and is separate from the actual work assigned for Phase II services.

No minimum amount of work is guaranteed under any Contract resulting from this solicitation.

4.1.1 Additional Services

The selected Contractor(s) may be requested to provide additional services, related to an ESA or remediation services including for any Phase II activities needed for a site (Exhibit K), as deemed necessary by the Department. If such additional services are needed, and based on the availability of funding, the Contractor shall be compensated at rates mutually acceptable by the Department and the Contractor, as evidenced by an executed Task Assignment Notification (TA) or Task Assignment Change Order Form (TACO).

4.1.2 Work Assignment Process

Once the Department determines a specific Scope of Work to be completed, a Task Assignment will be issued to a selected Contractor(s) according to the following procedures:

A. Direct Assignment Method (for general services):

1) Task Assignments will be issued to Contractor(s) based on proximity and familiarity to the task’s location and availability.

2) The Department shall maintain the flexibility in assigning tasks to a specific Contractor if necessary, to make sure the Department can react timely to the task at hand, due to the nature of the Real Estate business.

3) The Department will ensure all Task Assignments are distributed fairly amongst the awarded Contractor(s).

4) Awarded Contractor(s) must not begin work until a Task Assignment Notification Form has been issued by the Department.

https://www.flrules.org/

B. Lowest Quote Method (for work assignments expected to be outside of a normal “general service,” such as when a larger than normal tract of land is involved):

1) The Department will issue an informal quote request by email detailing the scope of work, any specific requirements and a specified timeframe in which to respond.

2) A Contractor’s failure to respond to an informal quote request within the specified timeframe shall exclude the Contractor(s) from consideration for that specific Task Assignment.

4.2 Contractor Responsibilities

a. Deliverables. The Contractor shall provide the following deliverables:

Contractor shall deliver, throughout the term of the Contract, Environmental Site Assessment Services (ESA) for Phase I ESA for Forestland or Rural Property - American Society of Testing and Materials (ASTM) 2247, Phase I ESA - ASTM 1527, Phase I Updated ESA, Phase II ESA as instructed in Exhibits G, I, J, and K. Contractor shall be responsible for submittal of ESA reports prior to or on the due date established in the TA unless a TACO has been approved for time extension.

b. Performance Measures. Performance Measures are contained within Attachment 1(5), Standard

Terms and Conditions of the Contract. Additional details may be determined on a case-by-case basis and listed within each individual TA and/or TACO. The Contractor shall submit an invoice upon the completion of each Task in accordance with the directions on the respective TA and/or TACO.

The final invoice shall be submitted within sixty (60) days of completion of the assignment.

At a minimum, the invoice submission shall include:

• Subcontractor Utilization Report Form (Exhibit B), signed

• Contractor Certification / Release of Claims Form (Exhibit C)

• Signed Task Assignment Notification Form and/or Task Assignment Change Order Form

• Any additional documents applicable to the assignment

c. Completion Criteria and Date. Will be determined on a case-by-case basis and listed within each individual TA and/or TACO.

4.3 Department’s Responsibilities

a. The Department shall be responsible for issuance of a TA to the Contractor selected for a specific work assignment.

b. The Department shall identify a Task Manager per TA.

c. The Department shall coordinate the Task scheduling with the Contractor.

d. The Department shall inspect the completed work ensuring all requirements are met prior to final payments.

4.4 Enforcement

a. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Contractor shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to Department, within thirty (30) days of being notified of the unsatisfactory deliverable, or an alternate date agreed upon by the Department. In addition, the Department will reduce an invoice by 1% for each day that

Contractor fails to meet an agreed upon timeline, unless the timeline is extended in writing by the Department.

b. If a satisfactory deliverable is not submitted within the specified time frame, the Department may, in its sole discretion: 1) request from the Contractor, agreement to a reduction in the amount payable; 2) suspend all work until satisfactory performance is achieved, or 3) terminate the Contract for failure to perform.

4.5 Rate Adjustments

The rates listed in Form D Rate Schedule shall be effective during the term of the Contract. The selected Contractor(s) may request an increase in rates for each year after the first Contract year, including any anticipated renewal year period(s).

Requests for rate increases must be submitted in writing to the Department at least sixty (60) calendar days prior to the anniversary date of the Contract in order for the request to be considered. The request must be supported by a detailed justification which warrants the requested increase percentage (a maximum of 5% in a one (1) year period). The Department shall review the request, and supporting documentation, to determine whether an increase is warranted and, if so, what percentage of adjustment (increases not to exceed 5% in a one (1) year period) will be authorized by a formal Amendment to the Contract.

Either party may request a decrease in the rates at any time during the Contract term. Each party shall review the other party’s written request. If an agreement cannot be reached regarding a decrease in the rates, the Contract may be terminated in accordance with Attachment 1 (13.a.) Standard Terms and Conditions of the Contract.

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

Past performance will be scored based on answers to a standard group of questions received from the Respondent’s clients. Upon completion of the Reference checks, the Department will sum the Respondent’s Past Performance scores to award the Respondent’s Final Past Performance Score.

5.2 Evaluation of Volume II, Technical Response

The evaluation team will score each Technical Response, separately. Each evaluator will assign a numerical score from zero (0) to five (5) to each Tab, use the scoring guidelines provided below, for all Responses.

Numerical Score

Evaluation Word

Description

5 Superior Response exhaustively addresses the evaluation criterion or demonstrates extraordinary capability and/or experience related to the criterion.

4 Excellent Response extensively addresses the evaluation criterion or demonstrates exceptional capability and/or experience related to the criterion.

3 Acceptable Response adequately addresses the evaluation criterion or demonstrates sufficient capability and/or experience related to the criterion.

2 Fair Response minimally addresses the evaluation criterion or demonstrates nominal capability and/or experience related to the criterion.

1 Poor Response inadequately addresses the evaluation criterion or demonstrates limited capability and/or experience related to the criterion.

0 Missing Response does not address the evaluation criterion and/or does not demonstrate any capability and/or experience related to the criterion.

After the evaluation team assigns scores, the Department will calculate the Respondent’s Final Technical Score as follows:

1. Average the Evaluator Tab Scores for the Respondent

2. Divide the Average by the Maximum Score of 5 to get the Earned Points

3. Multiply the Earned Points by the Available Tab Points to get the Earned Tab Points

4. Sum the Earned Tab Points to get the Final Technical Score

5.3 Evaluation of Volume III, Rate Schedule

The Respondent submitting the lowest total price (LTP) will receive the maximum points for the price element of the evaluation for the Contract Term.

The formula used to determine the amount of points awarded is:

• Contract Term: Price Points Awarded = (LTP)/Respondent’s Total Price X 25

5.4 Available Points

The following are the total points available for each portion of the Response:

Volume Name Available Points

Volume I Business Response Tab A – Past Performance Evaluation – Reference No. 1 on Attachment 2 25 Tab A – Past Performance Evaluation – Reference No. 2 on Attachment 2 25 Tab A – Past Performance Evaluation – Reference No. 3 on Attachment 2 25 Volume II Technical Response Tab A – Introduction 10 Tab B – Background and Organizational Structure 10 Tab C – Qualifications and Experience

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined, whether engaged on a full or part-time basis, years of industry experience for each individual, availability, and the organizational structure and management methods as they relate to the requested services.

The resume or curriculum vitae for the proposed project manager, principal point of contact, and other key personnel must be provided. Office locations for key personnel must also be identified;

b) Respondent’s approach to planning, performing, and completing ESA. This section shall explain the Respondent’s approach, capabilities, and methods to be used in accomplishing the tasks;

the resources, facilities, and equipment available to the Respondent, areas of Florida in which the Respondent can provide requested products and/or services; proposed timeframes for furnishing products and/or services; and any innovative concepts or techniques proposed for completing tasks and delivery of the products and/or services.

c) Respondent’s experience with establishing a Quality Control Plan.

This section shall explain the proposed review/quality control process to be implemented to ensure that quality work products and services can be delivered in a timely manner. The selected Contractor(s) may work on several projects simultaneously and therefore, should indicate how work overloads will be managed to prevent project delays.

5.5 Compilation of Evaluation Scores

To arrive at the Respondent’s Final Evaluation Score, the Department will sum the Final Past Performance Score, average Technical Score from all the evaluators, and Total Price Score.

𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹 𝑃𝑃𝐹𝐹𝑃𝑃𝑃𝑃 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝐹𝐹𝐹𝐹𝑃𝑃𝑃𝑃 𝑆𝑆𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 + 𝐹𝐹𝑎𝑎𝑃𝑃𝑃𝑃𝐹𝐹𝑎𝑎𝑃𝑃 𝑇𝑇𝑃𝑃𝑃𝑃ℎ𝐹𝐹𝐹𝐹𝑃𝑃𝐹𝐹𝐹𝐹 𝑆𝑆𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐹𝐹𝐹𝐹𝐹𝐹 𝑃𝑃𝑎𝑎𝐹𝐹𝐹𝐹𝑒𝑒𝐹𝐹𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃

+ 𝑇𝑇𝑃𝑃𝑃𝑃𝐹𝐹𝐹𝐹 𝑃𝑃𝑃𝑃𝐹𝐹𝑃𝑃𝑃𝑃 𝑆𝑆𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 = 𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹𝐹 𝐸𝐸𝑎𝑎𝐹𝐹𝐹𝐹𝑒𝑒𝐹𝐹𝑃𝑃𝐹𝐹𝑃𝑃𝐹𝐹 𝑆𝑆𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃

d) Respondent’s knowledge of and experience with conducting Phase I ESA’s per American Society of Testing and Materials Standards 1527 and 2247. This section shall also explain the Respondents experience conducting Phase II ESA’s, including but not limited to, soil/groundwater sampling, assessment, source removals, lead based paint, radon, mold, and asbestos surveys. This section shall also explain how the Respondent procures and manages any subcontractors needed for these additional services.

Volume III Rate Schedule Contract Term Price 25

TOTAL AVAILABLE POINTS 320

6 Award

6.1 Basis of Award

A Contract may be awarded to the responsible and responsive Respondent(s) whose Response is deemed the most advantageous offer to the State based on points awarded, in consideration of price and selection criteria in this RFP.

The Department reserves the right to accept or reject any or all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the best interest of the State.

Responses that do not meet all requirements, specifications, terms, and conditions of the Solicitation or fail to provide all required information, documents, or materials may be…