Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-772 - PROCUREMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM › Section 62-772.400 - Procedures for the Competitive Procurement of Contractors and Assignment of Work

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				will use the procedures specified in Section
				 287.057, F.S., and in this
				Chapter to competitively procure services for petroleum contaminated site
				response actions for the Early Detection Incentive Program (EDI) pursuant to
				Section  376.3071(9),
				F.S., the Petroleum Liability and Restoration Insurance Program (PLRIP)
				pursuant to Section  376.3072(2),
				F.S., the Abandoned Tank Restoration Program (ATRP) pursuant to Section
				 376.305(6),
				F.S., the Innocent Victim Petroleum Storage System Restoration Program
				(IVPSSRP) pursuant to Section
				 376.30715, F.S., and for
				petroleum contamination sites under a consent order (also known as hardship or
				indigent sites) defined in Section
				 376.3071(7)(c),
				F.S.
(2) Agency Term Contracts. The
				Department will use an invitation to bid, request for proposal, or invitation
				to negotiate, as described in Section
				 287.057, F.S., to enter into
				multiple agency term contracts to retain Contractors to conduct an indefinite
				quantity of petroleum site rehabilitation services on a task assignment basis
				over the contract period. The Department will specify, in the solicitation,
				whether the solicitation for agency term contractors is limited to specific
				regions of the state or is statewide.
(3) Assignment of Work to Agency Term
				Contractors. In order to seek additional value and be consistent with
				subsection  60A-1.043(2),
				F.A.C., (6-21-04)
http://www.flrules.org/Gateway/reference.asp?No=Ref-03575
,
				hereby adopted and incorporated by reference, the Department will specify in
				all agency term contracts a dollar threshold based on the categories in Section
				 287.017, F.S., above which the
				Department will request quotes from agency term contractors for a phase of site
				rehabilitation.
(4) When the
				Department determines that direct assignment or requesting quotes from agency
				term contractors under subsection
				 62-772.400(3),
				F.A.C., will not provide the best value to the state, the Department will use
				an invitation to bid, request for proposal or invitation to negotiate as
				described in Section  287.057, F.S., to enter into a
				definite quantity contract to perform services at a petroleum contaminated
				site.
(5) Responsible Party Input.
				The Department will notify the responsible party in writing when its site comes
				up in the priority order for site rehabilitation. Within 30 days of receipt of
				notification, the responsible party shall respond to the Department indicating
				whether they desire to provide input to the Department in the rehabilitation
				process for their site.
(a) If the responsible
				party does not respond within 30 days or indicates that they do not wish to
				provide input into the rehabilitation of their site, then the Department will
				conduct the rehabilitation in accordance with the procedures of this chapter
				and Chapter 62-780, F.A.C.
(b) A
				responsible party indicating a desire to provide input into the rehabilitation
				process will be provided the following:
1.
				Prior to direct assignment of an agency term contractor, or initiating a
				contractor selection process under paragraph
				 62-772.400(3)(b) or
				(4), F.A.C., the Department will consult with
				the responsible party on drafting the scope of work to be performed at the site
				for each phase of rehabilitation, taking into consideration site logistics such
				as structures on the property, conditions necessary to limit the interruption
				of business ongoing at the site and the responsible party's documented
				requirements for safety or liability insurance.
2. The Department and the responsible party
				will discuss closure options available for the site under Rule
				 62-780.680, F.A.C.
3. For cause, the responsible party will have
				the option to reject one of the agency term contractors prior to the assignment
				of work under subsection
				 62-772.400(3),
				F.A.C.
4. In the event of an
				emergency, the responsible party shall have the right to demand that the
				contractor suspend work. The responsible party shall notify the Department's
				Petroleum Restoration Program within four hours (or noon of the following
				business day if the suspension occurs during non-business
				hours).