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PRP Guidance on Contractor Performance Evaluations for
Petroleum Contamination Site Response Action Services

(Posted 07/22/14)


PRP Automated Data Processing Tool (ADaPT) User Guide

(Posted 07/09/14)

The Petroleum Restoration Program (PRP) has posted the Automated Data Processing Tool (ADaPT) User Guide on the Division of Waste Management ADaPT page. Please contact your lab and let them know they must begin submitting the electronic data deliverables via ADaPT, as it is now a requirement of the FDEP Petroleum Restoration Program for data submissions. Please refer to the PRP ADaPT User Guide for further instructions.


Notice of Expiration of Affidavit Requirement from the "Proviso"

(Posted 07/01/14)

The requirement for owners, responsible parties, cleanup contractors and subcontractors to sign a statement under oath that "no compensation, remuneration, or gift of any kind, directly or indirectly," had been solicited or received in exchange for designation in connection with the cleanup of an eligible site expired June 30, 2014. Likewise, the requirement for cleanup contractors and subcontracts to sign a statement under oath that they had never "paid, offered, or provided any compensation in exchange for being designated or hired to do cleanup work" also expired June 30, 2014. Consequently, the PRP will not be requiring these "affidavits," as these statements have been called, on any task assignments or purchase order issued after June 30, 2014. Any work issued to contractors prior to that date containing the affidavit requirement must be honored and the appropriate affidavits submitted. While the affidavit is no longer required, the prohibition remains that a "site owner or operator, or his or her designee, may not receive any remuneration, in cash or in kind, directly or indirectly, from a rehabilitation contractor performing site cleanup activities" under the PRP.


Contractor Response to June 11, 2014 RCI Public Workshop

Posted July 1, 2014

Please find on the link below, the responses the Department received as a result of the RCI Public Workshop on June 11, 2014. These comments have been formatted for the report but none of the content has been altered.

The Petroleum Restoration Program has read all of the comments thoroughly and a summary of the comments, although not inclusive may be found below:

  • A number of contractors would like to leave the RCI formula as is for the remainder of the calendar year. They are of the opinion that more data needs to be collected and that we must make gradual changes rather than abandoning or completely rewriting the formula.
  • Common opinions on altering the formula included raising or eliminating the $3M bond cap; isolating the encumbrance balance based upon region or limiting it to a specified time frame; including a performance or technical capability variable; and increasing the weight of schedule rank on the RCI score.

Three of the contractors proposed completely new formulas: FGS, ARCADIS, and URS. Two of the formulas have introduced a new term that relates to performance. Please note that although the Department received these proposed formulas, we are looking at them for consideration only. Other refinements to the formula have been suggested and the Department will evaluate ALL responses.

There were also some additional requests such as, making the process more transparent and giving the contractors access to selection data. There were also requests to bring in outside consulting for further analysis and development of the current formula.

We thank everyone for their participation and feedback and want to ensure that you know we are evaluating all of the comments and taking everything into consideration. At this point, we also want to let you know that we are not making any commitment to any changes until we have time to run our own numbers and analyze them. Afterwards, the PRP will present any recommended changes to our leadership for a decision.

» RCI Meeting Responses


MyFloridaMarketPlace (MFMP) System Down Times

Posted June 20, 2014

The MFMP system is anticipated to be off-line, starting at 6:00pm on June 30, 2014 due to the Department of Management Services (DMS) computer programming requirements for the new fiscal year. It will come back on line at various dates and times for specific functions as shown below. As a result, PRP must pause production/processing of Purchase Requisitions, eQuotes, Invoices, Change Orders, RCI runs, and Direct Assignments. As soon as MFMP is back online, the PRP will resume these operations.

  • MFMP Buyer will be down starting Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Thursday, July 3.
  • MFMP Sourcing will be down starting at Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again on Saturday, July 5.
  • Vendor Bid System will be down starting Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Wednesday, July 2.
  • MFMP Analysis will be down starting at Monday, June 30, at 6:00 p.m. Eastern time and is anticipated to be available again by Monday, July 7.

** Please note that if PRP receives programming updates from DMS, the information above may be edited as necessary.


Notice Regarding Change in Qualified Contractor
Criteria Pursuant to Rule 62-772.300, F.A.C.

(Posted 06/19/14)

Contractor Qualification Memo

Contractor Qualification Form


Notice of Auction

(Posted 06/23/14)

The Petroleum Restoration Program will be conducting an online auction for some remediation equipment located in the following counties: Escambia, Santa Rosa, Okaloosa, and Walton. Please see PDF for all equipment to be auctioned, and the grouping for lots. Because of the nature of the auction, and that all items are located on private property, inspections will not be possible. The Auction will be on Govdeals.com and requires registering prior to bidding and a $1000 refundable deposit will be required if more than 3 items wish to be bid on. The auction runs from Monday June 30th through Thursday July 10th 2014. Please visit Govdeals.com/FLDEP for these auctions, or just go to Govdeals.com and check the Remediation Equipment category.

Auction Flyer


Notice of Meeting/Workshop Hearing

Updated June 11, 2014

The Florida Department of Environmental Protection (Department), Petroleum Restoration Program (PRP) announces a public meeting to which all persons are invited.

DATE AND TIME: June 11, 2014, 1:30 p.m.

PLACE: The Douglas Building, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399, in Conference Room A/B. To join the meeting via teleconference please call: 1-888-670-3525, participant code: 563 514 4315 #.

GENERAL SUBJECT MATTER TO BE CONSIDERED: PRP will facilitate a discussion regarding potential refinements to the Relative Capacity Index (RCI) Algorithm.

NOTE: There will be no discussion on any subject other than RCI.

AGENDA: Relative Capacity Index (RCI) Algorithm Agenda (posted June 4, 2014)

HANDOUTS: Relative Capacity Index Preliminary Results and Comments (posted June 11, 2014)


LSSI Clarification of 10 Site per Fiscal Year Limitation

Posted June 5, 2014

The DEP is authorized pursuant to Section 376.3071(11)(b), FS to provide funding for the Low Score Site Initiative (LSSI). Funding is limited to 10 sites in each fiscal year for each responsible party or property owner. This does not preclude a site owner from participating in the LSSI for a site that has a responsible party which has already met its 10 site limit; nor does it preclude a responsibly party from participating in the LSSI for a site if the site owner has already met the 10 site limit.


Preapproval Advanced Cleanup (PAC)/Advanced Cleanup Program (ACP)

Posted May 28, 2014

For the PAC/ACP application period for FY 14/15, the Department will allocate $10 million for the first period, May through June 2014. For the second application period to be held November through December 2014, at this time, the Department has determined that it may allocate $5 million, and any residual allocation funds remaining from the first PAC/ACP period.

Prior to the beginning of each fiscal year, the Department will endeavor to determine the amount to allocate for the PAC/ACP application periods.

Holding of Bundled Sites from one PAC/ACP Period to Another in the Same Fiscal Year

The Department has been requested to hold bundled PAC/ACP applications that fail to make the cut in the June 2014 PAC/ACP period until the November/December 2014 PAC/ACP period to allow those parties to re-bid with those same sites. Because the bundling PAC/ACP process is brand new, the Department is willing to do this, however, all requirements of a PAC/ACP will have to be met for each PAC/ACP period and the RP must submit in writing the request to hold these sites. For example, an RP who wants to re-bid a bundled set of sites that failed to obtain a PAC/ACP agreement during the June bidding may re-bid those sites in December 2014 but must pay another $250 application fee, provide an updated LCAR (i.e., the 270 day groundwater sampling requirements must be met) and the Site Access agreements must still be valid and with the current property owner. Please note that the holding of bundled sites is only for the upcoming fiscal year, which begins on July 1, 2014 and ends June 30, 2015 (FY 2014/15); after which the Department will make the determination whether it will continue holding new sets of failed PAC/ACP bid bundled sites for one fiscal year. Additionally, after the second PAC/ACP period, any bundled sites that were bid yet fail to be in a PAC/ACP agreement, those sites will be released for RCI assignment.


ATC Contractors and Subcontractors

Posted May 21, 2014

As the Department specified in the solicitation for the Invitation to Negotiate (ITN), a prime Agency Term Contractor (ATC) cannot be a prime ATC in a region and commit to be a subcontractor to another prime ATC in the same region. This restriction is still necessary to eliminate the potential for any conflict of interest between prime ATCs and subcontractors. However, a prime ATC (Company A) in one region can be a subcontractor for another prime ATC (Company B) in a different region as long as ATC (Company A) is not also a prime in that region. (A contractor that submitted an ITN response to be a prime ATC but was not awarded a contract may be a subcontractor to an ATC prime contractor.)

Additionally, the agency term contract provides that an ATC can only subcontract work to those identified in the agency term contract. An ATC must obtain prior written consent of the responsible Site Manager and thereafter the Department’s Contract Manager on a case by case basis to make any changes to its subcontractor list. Such a request must be justified based on reasons like the following: documented subcontractor performance issues; an identified subcontractor goes out of business; or work not listed in Attachment D is needed. The Department reserves the right to reject any proposed subcontractor based upon the Department’s prior experience with the subcontractor, subcontractor’s reputation, or the Department’s lack of adequate assurance of performance by the proposed subcontractor. In addition, changes to the subcontractor list is subject to a conflict of interest review.




PRP Purchase Requisitions

Updated June 27, 2014

Please note that the attached files are subject to change as determined by the Department.


DEP Travel Form for Contractors Use For
Supporting Documentation To Invoices

Posted April 8, 2014

The DEP Travel Form is to be used by PRP Contractors when necessary. DO NOT ENTER A SSN OR A FEID ON THE TRAVEL FORM, ZEROS ARE PRE-POPULATED. Please leave the following fields blank: "ORG", "EO", "Module, Grant". Lastly, enter the business city or town in the "Residence" field. Contractors with Travel Form questions should contact the PRP Site Manager. Thank you.

Download the form here.


PRP Site Managers Workshop in Orlando,
Florida (March 25-26, 2014)

Posted March 28, 2014


Chapter 62-772, F.A.C. - Procurement Procedures for Petroleum Cleanup

Posted March 25, 2014

Please find the text of the rule for Procurement Procedures for Petroleum Cleanup at the following link: http://www.dep.state.fl.us/waste/quick_topics/rules/default.htm




Agenda for March 13, 2014 Petroleum Restoration
Program (PRP) Public Meeting (1:30-3:30 p.m.)

Posted March 6, 2014

The public meeting will take place online only as a webinar / teleconference at https://www2.gotomeeting.com/register/261942690.

To join the teleconference call: 1(888)670-3525, participant code: 5635144315#

  1. Introductions.
  2. PRP's competitive procurement process and direct assignment of work to approved Agency Term Contractors (ATC) for state-funded petroleum contamination site cleanup.
  3. Status of PRP contract offers to ATCs, MFMP Purchase Requisitions and resulting Purchase Orders.
  4. Procedures and Scope of Work Templates for use by ATCs provided at http://www.dep.state.fl.us/waste/categories/pcp/default.htm.
  5. Open Questions and Answers.

Please feel free to email questions before Tuesday March 11, 2014 COB to prp.contracts@dep.state.fl.us

NOTE: There will be no discussion about any open competitively advertised DEP solicitations.


Status of PRP "Invitation to Negotiate" Solicitation #2014004C

Posted March 4, 2014

Negotiations with responding contractors under DEP Invitation to Negotiate (ITN) Solicitation # 2014004C has been successfully concluded. All the responding eligible ITN contractors have been selected and are now recommended for agency contracts as MyFloridaMarketPlace master agreements. As noted in the Petroleum Restoration Program (PRP) website announcement at the PRP ITN Work Assignment page, calculations of Relative Capacity Index (RCI) will be made to determine awards for site work through direct assignment.

Please note that PRP staff will contact RCI selected contractors regarding next steps as quickly as possible, which thereafter involves receiving scopes of work that proceed through the issuance of Purchase Orders in MyFloridaMarketPlace as required under Section 287.057 (22) Florida Statutes. Thereafter, the first task of securing affidavits must be completed before any site work can begin.

As of 8 am Tuesday March 4, 2014 the Department has 128 fully executed contracts and directly assigned 78 sites for a total of $1,947,914. Once all contracts are executed, the Department will initiate subsequent scope assignments thru the issuance of MFMP Purchase Orders for tasks up to $195,000 using the RCI formula. For work assignments greater than $195,000 the PRP will identify the top three or more eligible contractors based on the highest RCI scores and request quotes from them. Communication with awarded eligible contractors will initially be conducted through email with the PRP Contracts Group, c/o Martin Ehlen at prp.contracts@dep.state.fl.us.




Notice of Public Webinar Meeting on Site Assessment for December 19, 2013

The Florida Department of Environmental Protection, Petroleum Restoration Program (PRP) announces a public meeting to which all persons are invited.
DATE AND TIME: Thursday, December 19, 2013, 10:00 a.m. – 12:00 Noon
PLACE: Meeting will take place online as a webinar https://www2.gotomeeting.com/register/536042194 Meeting ID: 145-897-658
To join the teleconference call: 1(888)670-3525, Participant code: 5635144315#
GENERAL SUBJECT MATTER TO BE CONSIDERED: PRP will facilitate a discussion regarding state-funded petroleum contamination site assessment including low scored assessments.
NOTE: There will be no discussion regarding bidding, procurement, or contracting.
A copy of the agenda may be obtained by contacting: Diane Pickett at (850)245-8893 or diane.pickett@dep.state.fl.us.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 1 days before the workshop/meeting by contacting: Diane Pickett at diane.pickett@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Diane Pickett at (850)245-8893 at diane.pickett@dep.state.fl.us.

Florida Administrative Register Notice

Agenda

  • General Assessment Information
  • Specific Assessment Issues
  • TSAR/Report Requirements

Rule Development Workshop for Rules
62.761 - Underground Storage Tank Systems &
62.762 - Aboveground Storage Tank Systems
(Updated 2/14/14)

The Permitting and Compliance Assistance Program conducted workshops on the Underground and Aboveground Storage Tank rules on December 17, 2013 in Tallahassee.

Comments on the proposed rules should be forwarded via email to the Rule Manager, William E. Burns, Jr., Bill.Burns@dep.state.fl.us and will be accepted until January 31, 2014, at 5:00 pm eastern. Comments received will be posted to this website on or about February 14, 2014.

Chapter 62-761, F.A.C. - UST Workshop

» Workshop Draft PDF  Word
» Workshop Presentation
» List of Attendees
» UST Workshop Comments (Posted February 14, 2014)

Chapter 62-762, F.A.C. - AST Workshop

» Workshop Draft PDF  Word
» Workshop Presentation
» List of Attendees
» UST Workshop Comments (Posted February 14, 2014)

Proposed Closure Evaluation Guidance
Link to the proposed revision to the "Storage Tank System Closure Assessment Requirements", April 1998.
» PDF

Notice of Development of Rulemaking for 62-761

Notice of Development of Rulemaking for 62-762


Rulemaking Hearing for October 28th

A rulemaking hearing for 62-771 and 62-772 will be held on October 28th, 2013, at 10:00 A.M. in Room 170 of the Carr Building, 3800 Commonwealth Blvd., Tallahassee, Florida


Petroleum Restoration Program Announcement

UPDATE (10/04/13): Notice of Proposed Rules published in Florida Administrative Register:


UPDATE (10/01/13): Information concerning various areas of the program in response to public interest:


UPDATE (09/27/13): Draft language for amendments to Chapter 62-771 and new Chapter 62-772
The draft rules were sent to Office of Fiscal Accountability and Regulatory Reform (OFARR) on Friday, September 27, 2013. The Department will wait 7 days before publishing the proposed rules in the Florida Administrative Register. Also included below are the proposed evaluation forms.


The Department of Environmental Protection (Department), through directives from the 2013 Legislature, has determined that the Petroleum Restoration Program must provide for fiscal accountability for its expenditures, lower the cost of site cleanup, and prioritize those sites that pose the greatest risk to human health and the environment. With these goals in mind, the Program is developing new rules and policies that change the way site cleanup work is procured, performed, and prioritized.

Procurement of Site Cleanup Services:

Based on the Legislative directive, all future work in the Program must be competitively procured. There are different methods the Program plans to obtain cleanup services:

  1. Develop a pool of competitively procured, qualified contractors (Agency Term Contractors) divided into three regions across the state, through a procurement process consistent with s. 287.057, F.S. The Notice of Solicitation was published in the Florida Administrative Register (FAR) on September 4, 2013. The solicitation will be published in the Vendor Bid System on or after September 16.
  2. Develop formal competitive solicitations outside of the term contracts, where vendors meeting the minimum qualification requirements would be eligible to compete for the projects. At this time, 74 sites are in various stages of the procurement process:
    1. 24 sites are currently in the process of approving Scopes of Work or the procurement process has begun.
    2. 50 sites are being evaluated for the suitability of work and the Scopes of Work will be drafted as appropriate
    3. In addition, seven sites have been assigned to a forensics contractor to determine the age of releases or to refine a site assessment.

Target Rules:

In order to effectively implement the changes necessary to meet the established goals, the Department is currently working on two Rules, Chapter 62-771, Florida Administrative Code (Ch 62-771), and Ch 62-772. Ch 62-780 is no longer being considered for modification.

  • Ch 62-771, the "Scoring Rule", is being revised to prioritize funding and rehabilitation work to sites that pose the greatest risk to human health and the environment, and to re-evaluate the site’s priority funding order once the threat has been evaluated and satisfactorily addressed.
  • Ch 62-772, the "Procurement Rule" was drafted to allow for the proper solicitation of site work to transition the Program from the existing "preapproval contractor" approach to a competitive procurement system.

The Department published a Notice of Rule Development in the FAR on May 30, 2013 and held a rule workshop on June 19, 2013. The Department is currently revising the Rules based on the comments received and anticipates the Notice of Proposed Rule will be in the FAR on September 16, 2013.


Important Notice Regarding
Low-Scored Site Initiative (LSSI)

UPDATE (02/28/14): The Petroleum Restoration Program (PRP) has updated the LSSI Contractor Selection Sheet (LSSI CSS) to simplify the process for the applicant to submit the information required for funding Low-Scored Site Initiative work. The PRP will still accept the previous LSSI CSS forms until the end of the year.


As most of you know, we are in the process of changing the Petroleum Restoration Program (PRP), formerly known as the Bureau of Petroleum Storage Systems (BPSS), to improve its effectiveness and efficiency. As a result of this review, we have determined that we must prioritize the cleanup of those sites that pose the greatest risk to human health and the environment and provide more fiscal accountability. With this in mind, PRP is entering into a new era of funding for the Low-Scored Site Initiative (LSSI).

The LSSI has proven to be a highly effective pathway that has already allowed over a hundred properties across the state to qualify for site closures, which otherwise would not have been possible. The vast majority of the closures received from the LSSI funding have been for "clean closures" or those which have received a Site Rehabilitation Completion Order (SRCO) because no contaminated groundwater or soil was reported. Without applying for the LSSI, these "low priority" sites would not have been eligible for State funds to address the contamination for many years, possibly decades, in the future.

Starting August 30, 2013 the Department will accept new requests for funding of LSSI work. As a result of recent actions by the Florida Legislature, and in order to be considered for state funding in the LSSI program this year, the applicant must complete and submit the new LSSI Contractor Selection Sheet, which contains new options available for selecting a contractor to perform the work. The Department will now procure contractual services for the LSSI program through the procurement procedures in Ch. 287, F.S. Site owners or responsible parties now have three choices on how the work can be procured:

  1. Select a qualified contractor (provided that pricing levels and conditions of the proposal can be negotiated on the best terms to the DEP), or
  2. Agree to an informal quote process, or
  3. Select an agency term contractor (when available)

Please see the revised LSSI Procedural and Technical Guidance document for updated procedures and procurement options.

If you have questions, please contact Sally McGregor at sally.mcgregor@dep.state.fl.us, Graham Witt at Gwitt@wrscompass.com, Michelle Allard at Mallard@wrscompass.com, or Wes Leon at Wleon@wrscompass.com.


Petroleum Restoration Program Supplemental Guidance
on Cost Share Sites (SRFA, PAC, & PCPP)

Posted: September 6, 2013

There has been recent clarification from Management pertaining to petroleum cleanup sites with cost share agreements, with slightly different provisions for SRFA sites than for PAC and PCPP sites. For more information, please click the following link.


UPDATED: Rule Development Workshop Information for Rules 62-771, 62-772, and 62-780

The Petroleum Restoration Program wants to thank those who submitted questions and/or comments by the July 3, 2013 deadline related to the rulemaking workshop held on June 19 in Orlando, FL, specifically with reference to the proposed rules, 62.771, Petroleum Contamination Site Priorities; and 62.772, Procurement Procedures for Petroleum Cleanup.

These questions and comments will be reviewed and taken into consideration as the Department moves forward with this rulemaking.

The workshop on the proposed rules was held on June 19th in the Orlando City Council Chambers (2nd Floor of Orlando City Hall) at 400 S. Orange Avenue in Orlando.

Workshop Attendees Listing (Posted June 24, 2013)
» PDF

Workshop Draft Rule Presentations (Posted June 19, 2013)
» PowerPoint
» PDF

Chapter 62-771, F.A.C. - Petroleum Contamination Site Priorities
» Notice of Development of Rulemaking
» Draft Rule (Revised)

Chapter 62-772, F.A.C. - Procurement Procedures for Petroleum Cleanup
» Notice of Development of Rulemaking
» Draft Rule (New)

Chapter 62-780, F.A.C. - Contaminated Site Cleanup Criteria
» Notice of Development of Rulemaking
» No proposed changes to Chapter 62-780 for this rulemaking phase.

For general questions concerning these notices, please contact Roger W. Rook at (850) 245-8822 or via e-mail at: Roger.Rook@dep.state.fl.us.


UPDATE: Rule Development Workshop for Rules
62.761.350 - Operator Training and Certification &
62.761.400 – Registration and Financial Responsibility

The Office of Compliance Assistance would like to thank those who attended the rule development workshop held on July 12, 2013 in Tallahassee.

Comments on the proposed rule revision should be forwarded via email to the Rule Manager, William E. Burns, Jr., Bill.Burns@dep.state.fl.us and will be accepted until August 2, 2013 at 5:00 pm eastern. Comments received will be posted to this website on or about August 6, 2013.

Response to Comments from June 12, 2013 Workshop
» PDF

Comments Received from June 12, 2013 Workshop
» PDF

Workshop Attendees Listing
» PDF

Workshop Draft Rule Presentations
» PDF

Notice of Development of Rulemaking


MyFloridaMarketPlace (MFMP) Requirements

The Department of Environment Protection has a requirement that all vendors doing business with the Petroleum cleanup Program be registered through MyFloridaMarketPlace. If you have not taken this step, please proceed to the following web site:

Department of Management Services MyFloridaMarketPlace page


Revised Notice of 2012 Updates to the Petroleum Cleanup Preapproval Program SOP Manual

Effective June 27, 2012

Click here for details


  Money icon Petroleum Cleanup Preapproval Program Spending Procedures for Fiscal Year 2012-2013 - Final
Posted June 26, 2012

Click here for details
Money icon

PRIORITY SCORE FUNDING THRESHOLD NOTICE
EFFECTIVE September 20, 2011

Priority Score Funding Threshold Notice

The DEP Petroleum Restoration Program announces that the priority score funding threshold for eligible Petroleum Cleanup Preapproval Program sites was be lowered from 49 to 46 effective September 20, 2011.

Questions regarding these procedures should be directed to Charles Williams @ (850) 245-8863.



SCORING NON-ELIGIBLE SITES

The purpose of this notice is to clarify the initiative the Program has undertaken to score non-eligible petroleum contaminated sites.

In order to provide DEP District offices with a tool to help them prioritize their enforcement effort with respect to non-eligible sites which have no activity, the Program is having non-eligible sites scored.

This score is for DEP enforcement purposes only and the scoring of the noneligible sites is not to be considered as a cleanup prioritization for the responsible parties of these non-eligible sites.

All non-eligible discharges are required to be cleaned up in accordance with Chapter 62-780, F.A.C.

Any score that is assigned to a non-eligible site is for internal DEP use only.


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Last updated: July 22, 2014

Petroleum Restoration Program #850-245-8839 MS #4575

 

Division of Waste Management #850-245-8705 MS #4500
2600 Blair Stone Road, Tallahassee, Florida 32399-2400

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