Fla. Admin. Code Ann. R. 62-772.400 - Procedures for the Competitive Procurement of Contractors and Assignment of Work
(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
376.3071
5, 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).
(6) Renewal of
contracts will be subject to Sections
287.057
(13) and
287.058(1)(g),
F.S.
(7) Contract extensions shall
be in writing for a period not to exceed 6 months. The extended contract shall
be subject to the same terms and conditions set forth in the initial contract
and any amendments signed by the parties. There shall be only one extension of
a contract unless the failure to meet the criteria set forth in the contract
for completion of the contract is due to events beyond the control of the
contractor. A contract extension is different than a contract
renewal.
Notes
Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 287.057, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS.
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