Section 62-772.401 - Alternative Contractor Selection and Assignment(1) Low Scored Site Initiative (LSSI). For a site participating in the LSSI program under Section 376.3071(12)(b), F.S., a participant will: (a) Select an agency term contractor;(b) Select a qualified contractor not under contract with the Department provided that pricing levels and conditions can be negotiated on the best terms to the Department, or(c) Agree to an informal quote process (using a request for written or electronic quote) administered by the Department in accordance with Rule 60A-1.002, F.A.C., using contractors that meet the minimum qualifications specified in Rule 62-772.300, F.A.C. For the purpose of LSSI work, one contractor working on several site assessments shall not be considered circumvention as described in Section 287.057(9), F.S. since each site assessment is a single project, which is capped at $30,000.00 in accordance with Section 376.3071(12)(b), F.S.
(2) For sites in Advanced Cleanup under Section 376.30713, F.S., the Petroleum Cleanup Participation Program under Section 376.3071(13), F.S., or Site Rehabilitation Funding Allocation Agreements under Section 376.30714, F.S., the Department and the participant or applicant will negotiate the terms and conditions of the contract or agreement. If the participant or applicant is providing 25% or more of the cleanup cost, or the site will reach a funding cap under Section 376.3072(2)(a)3., or (2)(d)2.c., or d., F.S., then the participant or applicant may provide a recommendation to the Department regarding the assignment of an existing agency term contractor procured and retained pursuant to Rule 62-772.400, F.A.C. If a participant or applicant has recommended an agency term contractor and the Department plans to reject the recommendation, the Department shall provide its reasons in writing to the participant or applicant. Such rejection can be based upon the agency term contractor's performance review pursuant to subsection 62-772.300(6), F.A.C., the status of the contractor's qualifications pursuant to Rule 62-772.300, F.A.C., or whether the contractor is in compliance with the terms of its agency term contract. If the participant or applicant is providing less than 25% of the cleanup cost, the Department will follow subsections 62-772.400(3) through (5), F.A.C., for contractor assignment.(3) Conditional Closure Agreements. For sites eligible for the Early Detection Incentive Program under Section 376.3071(10), F.S., Petroleum Liability and Restoration Insurance Program under Section 376.3072. F.S., Abandoned Tank Restoration Program under Section 376.305(6), F.S., or Innocent Victim Petroleum Storage System Restoration Program under Section 376.30715, F.S., the participant, where the Department and its contractors have been granted site access, may request to enter into a conditional closure agreement with the Department. Such an agreement shall provide a commitment by the participant, and by the current real property owner(s) of the subject property if different from the participant, to a conditional closure in accordance with subsection 62-780.680(2) or 62-780.680(3), F.A.C., based onsite specific information. As a part of this agreement, the participant may make a recommendation to the Department regarding the assignment of an existing agency term contractor procured and retained pursuant to Rule 62-772.400, F.A.C., for petroleum contaminated site response actions. If a participant recommends an agency term contractor and the Department plans to reject the recommendation, the Department shall provide its reasons in writing to the participant, at such time the participant may recommend another agency term contractor or withdraw its request to participate in a conditional closure agreement. The Department's rejection can be based upon the agency term contractor's performance review pursuant to subsection 62-772.300(6), F.A.C., the status of the contractor's qualifications pursuant to Rule 62-772.300, F.A.C., or whether the contractor is in compliance with the terms of its agency term contract.(4) Sites for which a participant or a qualified applicant have submitted a written request to enter into a conditional closure agreement and are negotiating with the Department in accordance with this subsection, shall not be subject to contractor assignment pursuant to subsections 62-772.400(3), (4) and (5), F.A.C., during the review and negotiation period, and while the participant or qualified applicant complies with the agreement once effective. The Department reserves the right to terminate negotiations if the participant or qualified applicant does not respond to requests for additional supporting documentation within 30 days of that person's receipt of such a written request, or if a conditional closure agreement is not effective within 60 days of the date such a written agreement is sent to the participant or qualified applicant for execution. This provision does not change the requirement for cleanup funding based on the site priority ranking established pursuant to Section 376.3071(5)(a), F.S., except as otherwise provided for advanced cleanup sites under Section 376.30713, F.S.(5) Sites submitted for a conditional closure agreement under subsection (3), and already subject to assignment to another qualified contractor for state-funded petroleum site rehabilitation under this chapter, shall continue under such assignment until the period of performance therein expires.Fla. Admin. Code Ann. R. 62-772.401
Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.3071(12)(b), 376.3071(13)(c), 376.30713, 376.30713(3)(a), 376.30714, 376.30714(4), 376.30715, 376.30716, 376.3072 FS.
New 1-16-14, Amended by Florida Register Volume 42, Number 056, March 22, 2016 effective 4/6/2016.New 1-16-14, Amended 4-6-16.