16288354, 62-772.300 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16288354

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

Procurement Procedures for the Petroleum Restoration Program

Overview

RULE:

62-772.300	Contractor Qualifications and Performance Reviews
62-772.401	Alternative Contractor Selection and Assignment

PURPOSE:

The Department is proposing to amend Rules 62-772.300 and 62-772.401, F.A.C., to incorporate improvements that were identified based on experience gained implementing competitively procured petroleum contamination site rehabilitation procedures during the past year. These rules were initially adopted with effective dates of June 13, 2014, and January 16, 2014, respectively. Amendments to these rules are being made to modify the contractor performance evaluation forms referenced in the rule to be more streamlined and objective, and to provide more options for owners and responsible parties of petroleum contaminated sites in the selection of competitively procured petroleum cleanup contractors.

SUMMARY:

Rule 62-772.300, F.A.C., is being amended to modify the contractor performance evaluation forms referenced in this rule to focus on task assignment/purchase order completion, to be more streamlined and objective, to include an owner responsible party contractor performance survey form to more formally solicit their input, and to eliminate the annual performance evaluation which was recognized as being a redundant process. Rule 62 772.401, F.A.C., is being amended to add an option for owners and responsible parties of sites with eligibility types that do not require a cost share, including 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., and Innocent Victim Petroleum Storage System Restoration Program under Section 376.30715, F.S., to select one of the competitively procured agency term contractors to work on their sites if they voluntarily enter into a cost share agreement that provides for them to pay 25% or more of the cleanup costs, or agree to a conditional closure in accordance with Chapter 62-780, F.A.C., with a demonstrated cost savings of 25% or more compared to an unconditional closure using current agency term contractor rates, or any combination of the two.

OTHER RULES INCORPORATING THIS RULE: 62-771.300, F.A.C.

EFFECT ON THOSE OTHER RULES: Amendments to Chapter 62-772, F.A.C., in this Notice of Proposed Rule, are not expected to have any significant impact on Rule 62-771.300, F.A.C.

RULEMAKING AUTHORITY:

287.0595, 376.303, 376.3071, F.S.

LAW:

287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.3071(12)(b), 376.30713, 376.30713(3)(a), 376.3071(13)(c), 376.30714, 376.30714(4), 376.30715, 376.30716, 376.3072, F.S.

PRINT PUBLISH DATE:

8/4/2015 Vol. 41/150

COMMENTS:

From 8/4/2015 To 8/25/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03557 Rule 60A-1.021, F.A.C.
Ref-05720 Contractor Performance Evaluation form number 01
Ref-05721 Site Owner/Responsible Party Contractor Performance Survey form number 02

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