Fla. Admin. Code Ann. R. 62-772.300 - Contractor Qualifications and Performance Reviews
(1) Minimum
Qualifications. All contractors performing site assessment and remediation
activities for state-funded sites under this chapter must meet the following
minimum qualifications:
(a) Demonstrate that
the contractor meets all certification and license requirements imposed by law.
The contractor shall possess and maintain or contract with person(s) which
possess and maintain: a valid license to practice Professional Engineering in
the State of Florida pursuant to Chapter 471, F.S.; and if applicable, a valid
license to practice Professional Geology in the State of Florida pursuant to
Chapter 492, F.S.
(b) Each
contractor shall certify to the Department that the contractor : (This
certification must be in writing and submitted to the Department's Petroleum
Restoration Program, Attn.: Contactor Qualification Coordinator, 2600 Blair
Stone Road, Mail Station 4575, Tallahassee, Florida 32399-2400. Documentation
submitted under Section 376.3071, F.S., may be used to satisfy this
requirement.)
1. Complies with applicable
OSHA regulations.
2. Maintains
workers' compensation insurance for all employees as required by the Florida
Workers' Compensation Law.
3.
Maintains comprehensive general liability and comprehensive automobile
liability insurance with minimum limits of at least $1,000,000.00 million per
occurrence, and $1,000,000.00 million annual aggregate, as shall protect it
from claims for damage for personal injury, including accidental death, as well
as claims for property damage which may arise from performance of work under
the program, designating the state as an additional insured party. The
Department will specify in solicitations when higher limits on liability
insurance are necessary.
4.
Maintains professional liability insurance of at least $1 million per
occurrence and $1 million annual aggregate.
5. Has the capacity to perform or directly
supervise the majority of the work at a site in accordance with Section
489.113(9),
F.S.
(2)
Procedures for Determining Qualified Vendors to Participate in Procurement
Opportunities. Only qualified vendors can submit responses on a competitive
solicitation for work. The following procedures apply to the competitive
procurement of contracts under this Chapter in order to qualify potential
vendors to respond to a competitive solicitation for work.
(a) Interested vendors shall submit
documentation to the Department verifying that the vendor meets the minimum
qualifications specified in subsection (1). This documentation must be in
writing and submitted to the Department 's Petroleum Restoration Program, Attn.:
Contactor Qualification Coordinator, 2600 Blair Stone Road, Mail Station 4575,
Tallahassee, Florida 32399-2400. The Department will review the qualification
documentation and notify each vendor of its determination regarding their
qualification status. Only vendors that meet the minimum qualifications on the
date of opening a response to a competitive solicitation for work shall be
considered in the procurement process. Those vendors not meeting the minimum
qualifications on the date of opening responses shall be determined unqualified
and rejected from further consideration for that solicitation. The Department
will indicate those vendors that were rejected in the posting of the
Department 's decision for that solicitation as required in Rule
60A-1.021,
F.A.C.
(b) The Department shall
maintain a list of all qualified vendors on its website.
(c) All qualified vendors are responsible for
maintaining the minimum qualifications in subsection (1). Vendors that are
recommended for contract award, but that do not maintain minimum qualifications
after the opening of responses to a competitive solicitation must satisfy all
minimum qualification requirements in subsection (1), prior to execution of a
contract .
(3) Pursuant to
Rule
60A-1.033,
F.A.C., each vendor selected through competitive procurement shall be
registered in "MyFloridaMarketplace" prior to execution of a contract or
purchase order for State-funded petroleum site rehabilitation
services.
(4) After execution of a
contract , any contractor that cannot demonstrate that it meets the minimum
qualifications in subsection (1), is not eligible to perform services under
this chapter and is subject to contract termination if not corrected.
(5) Disqualification.
(a) It is unlawful for a site owner or
operator, or his or her designee, to receive any remuneration, in cash or in
kind, directly or indirectly, from a contractor performing petroleum site
rehabilitation services pursuant to this section. A contractor offering or
providing such remuneration shall be immediately removed from all active
state-funded sites and all contract (s) terminated. In addition, the specific
individual(s) involved in making the offer or providing remuneration (or their
associated companies), shall be disqualified from participating in all
state-funded cleanup activities as well as competitive solicitations for at
least three years subject to the procedures in Section
287.133,
F.S.
(b) All contracts are subject
to the default procedures in Section
287.1351,
F.S.
(6) Contractor
Performance Review. The Department shall evaluate, with input from the
responsible party and/or site owner, contractor performance at least after
completion of each task assignment or purchase order under a term contract or
completion of other non-term contracts using the Contractor Performance
Evaluation form number 01, dated (April 2016), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05720),
hereby adopted and incorporated by reference and the Site Owner/Responsible
Party Contractor Performance Survey form, number 02, dated (April 2016),
(http://www.flrules.org/Gateway/reference.asp?No=Ref-06667,
hereby adopted and incorporated by reference. A copy of these forms can be
obtained from the Division of Waste Management at its web site at
https://floridadep.gov/waste
or at 2600 Blair Stone Road, Tallahassee, Florida 32399. Contractor performance
shall be considered prior to assignment of rehabilitation tasks, authorizing
any contract renewals and determining retainage (and its release) pursuant to
section
376.3071
(6), F.S.
Notes
Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS.
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