The Petroleum Restoration Program encompasses the technical oversight, management, and administrative activities necessary to
prioritize, assess, and cleanup sites contaminated by discharges of petroleum and petroleum products from stationary petroleum
storage systems. These sites include those determined eligible for state funded cleanup using qualified contractors selected
through competitive procurement or selected by the property owner or responsible party and state lead contractors under direct
contract with the Department, as well as non-program or voluntary cleanup sites that are funded by responsible parties.
Procedure for Continuation of O&M, PARM, and NAM
with Agency Term Contractors (Posted 03/03/14)
The Petroleum Restoration Program (PRP) is transitioning work from Preapproval to Competitive Procurement. Starting
March 1, 2014, open preapproval work orders for Operation and Maintenance (O&M), Post Active Remedial Monitoring (PARM), and
Natural Attenuation Monitoring (NAM) for contractors who have an approved Agency Term Contract will be converted to Direct Assignments
using the new Agency Term Contractor’s (ATC’s) contracted rates. The following procedures should be followed to allow a smooth and
- The PRP site manager will contact the ATC to start the conversion process.
- The ATC should complete and submit to the PRP site manager a Scope of Work (SOW) and Schedule of Pay Items for either O&M,
NAM or PARM, available from the links below. These templates should be used and modified to include site specific information. ATCs
should refer to Attachment A of their contract for a description of what is included in each pay item.
- The PRP will review/modify the SOW and discuss any changes with the ATC.
- If the ATC agrees with the PRPs estimate of professional services, the PRP will begin processing a Purchase Order to the ATC to
continue performing the services.
A teleconference with a representative from each ATC to discuss this procedure is scheduled for Thursday, March 6, 2014.
Time and contact information will be forwarded via separate email. The forms listed above will be discussed, so please have them available
during the teleconference.
Change Orders for Continuation of O&M, PARM, and
Groundwater Monitoring (Posted 02/24/14)
The following has been prepared in response to numerous requests for clarification regarding extending open work orders
via change order for the following services: Operation and Maintenance (O&M) of remedial systems, Post Active Remedial Monitoring (PARM),
and Natural Attenuation Monitoring (NAM). In almost all cases, these change orders expire between March 1st and June 30, 2014.
The Petroleum Restoration Program (PRP) and/or its contracted counties will evaluate every request to extend O&M of remedial
systems where there is verified and concrete progress towards site remediation. That means a verifiable reduction in contaminant
concentrations or mass observed in previously selected remedial performance monitoring points. If this condition is met, the following procedures
will apply immediately:
- For the limited number of remedial system O&M open work order expiring between February 24, 2014 and April 30, 2014, the PRP will issue
a Change Order to extend the work to May 31, 2014. Starting March 1, 2014, all open work orders for O&M will need to be
converted to direct Task Assignments using MyFloridaMarketPlace (MFMP) using the Agency Term Contractor’s (ATCs) new rates and the process
described in bullets 3 and 4. The intent of extending a limited amount of work orders until May 31, 2014 and at the same time begin to procure
using MFMP is to ensure that there are no stoppages for active remedial systems.
- Starting on March 1, 2014, Agency Term Contractors (ATCs) with open work orders for groundwater monitoring under NAM and PARM will be directly
assigned renewal of NAM or PARM following MFMP procedures described in bullets 3 and 4 and using the ATC’s new rates. NAM will be renewed for two
semiannual sampling events or, where technically justified, for a single annual sampling event. Any scope of service for PARM extending beyond
one year (4 quarters) will be converted to groundwater monitoring and will be renewed for two semiannual sampling events or, where technically
justified, for a single sampling annual event.
- ATCs performing groundwater monitoring or PARM are not authorized to perform any monitoring services until they have received a Purchase Order.
- As the PRP transitions to MFMP, ATCs will receive the following information:
- A templated generic scope of work (SOW) for O&M and Monitoring,
- A schedule of pay items showing the PRP’s estimate of professional services to perform the scope of work, and
- A schedule of deliverables.
- The ATC must complete the templated scope of work and fill in the highlighted cells in the schedule of pay items. If the ATC agrees with the
PRP’s estimate of professional services, the ATC will submit all items to the PRP. The PRP will then issue a Purchase Order to the ATC to continue
- Should there be questions regarding the PRP’s estimate of professional services to complete the SOW or the SOW, the ATC is encouraged to
contact the site manager at their earliest convenience.
- ATCs are strongly encouraged to begin obtaining appropriate affidavits found on the
Petroleum Restoration Program Announcements page.
Note: if a change order is being requested by a non-ATC, then the PRP is precluded from renewing the open work order and the task
will be assigned to an ATC using the Relative Capacity Index process.
For any questions, please contact Robert Cowdery at 850-245-8899 or at
Urgent Notice from the Director (Posted 02/14/14)
It has come to my attention that some contractors are proceeding to execute change orders without prior approval of
site managers in contracted counties. I want to be perfectly clear on this issue: a contractor that unilaterally
decides to perform services outside of the scope of an approved work order without getting PRIOR approval from its
client: the Petroleum Restoration Program (PRP), does it at its own financial risk. Every change order must
have prior approval from the PRP. We are tracking every approved change order since that element has a substantial
bearing on the contractor’s encumbrance balance in the Relative Capacity Index algorithm.
In addition, it has also come to my attention that some contractors have let their worker compensation insurance
policies lapse therefore continue to perform rehabilitation work at their own financial risk. Until worker’s comp policy renewal
proof is submitted, these are unqualified contractors and will not be assigned any work by the Department until
proof of their insurance policy renewal is submitted to the PRP. I strongly encourage the contractor community to make sure this
issue is fully addressed before our transition to Agency Term Contractors finishes on or about March 1, 2014.
Jorge R. Caspary, P.G.
Division of Waste Management
Notice from the Director (Posted 01/29/14)
As we prepare to enter into negotiations with recommended Agency Term Contractors, the Petroleum Restoration
Program (PRP) must be ready to directly assign work if the estimated cost of the rehabilitation task is <$195,000 or request
three quotes if the estimated cost of the task is >$195,000. This means that the PRP must have dozens and dozens of scopes of
work ready in the next three weeks so procurement for site rehabilitation services can be performed at a more rapid pace. In order
to meet this challenge, the PRP will immediately cease preparing scopes of work for ITBs where owners have agreed to competitively
procure rehabilitation work and the Procurement Section will cease issuing Invitations to Bid (ITBs) for those sites. At this time,
I believe it is counterproductive to issue any more ITBs since the earliest we would be issuing a Purchase Order to an ITB awardee
would be no less than six weeks from now. Our human capital resources and time can be much better spent developing and refining
scopes of work for all sites so they can be assigned and converted to Purchase Orders with a minimum of administrative delay.
Jorge R. Caspary, P.G.
Division of Waste Management
Next Steps In Procurement of Agency Term Contractors for
the Petroleum Restoration Program (Posted 02/17/14)
- The FDEP will contact vendors recommended for contract award (“Selected Vendors”) via email, directing Selected Vendors to provide the FDEP Procurement Section with their professionals’ fee schedule. The format for the fee schedule will be provided by FDEP.
- FDEP will provide a copy of the revised contract, including a Relative Capacity Index (RCI) algorithm and work assignment process, to the Selected Vendors concurrent with the above email.
- FDEP will contact Selected Vendors to schedule negotiations. Negotiations may be conducted in person or electronically (by phone and/or email).
- Individual Agency Term Contract(s) (ATCs) successfully negotiated with Selected Vendors will be executed as approved. Direct assignments to contracted vendors will begin immediately following execution of a contract.
- If FDEP is unable to negotiate a satisfactory contract with a Selected Vendor, negotiations will be terminated and no contract issued.
- FDEP intends to finalize contract negotiations by 3/01/2014.
- Tasks with costs estimated not to exceed $195,000 will be directly assigned by the PRP to an ATC vendor applying an RCI algorithm as described in the resulting contract.
- Tasks with costs estimated to exceed $195,000 will be directly assigned after a request for quote process (eQuote process) has been completed. Invitations to participate in the eQuote process will be sent to the top 3 or more ATC vendors pursuant to an RCI algorithm as described in the resulting contracts.
- UPDATE (02/17/14): Some contractors are proceeding to execute change orders without prior approval of site managers in contracted counties. A contractor that unilaterally decides to perform services outside of the scope of an approved work order without getting PRIOR approval from its client: the Petroleum Restoration Program (PRP), does it at its own financial risk. Every change order must have prior approval from the PRP. The PRP is tracking every approved change order since that element has a substantial bearing on the contractor’s encumbrance balance in the Relative Capacity Index algorithm.
- UPDATE (02/17/14): Contractors that have let their worker compensation insurance policies lapse and perform rehabilitation work do so at their own financial risk. Until worker’s comp policy renewal proof is submitted, these are unqualified contractors and will not be assigned any work by the Department until proof of their insurance policy renewal is submitted to the PRP.
eQuote Recommended Awards Weekly (Updated 01/03/14)
Click the following link to open the
eQuote Weekly Update.
PRP Assessment Webinar
Attached is the presentation from the PRP Assessment Webinar held on December 19, 2013. Download it
Assessment Procurement Initiative (Updated 10/29/13)
The Department is currently tasking low scored sites
for site assessment work. Using MFMP, Invitations to Bid (ITBs) and eQuotes will be posted in the
next few weeks. Please continue to check MFMP.
Currently, 124 site owners have agreed to
competitive bidding for site assessment work on their low scored site.
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
Petroleum Restoration Program Announcement
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:
- 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.
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:
- 24 sites are currently in the process of approving Scopes of Work or the procurement process has begun.
- 50 sites are being evaluated for the suitability of work and the Scopes of Work will be drafted as appropriate
- In addition, seven sites have been assigned to a forensics contractor to determine the age of releases or to refine a site assessment.
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:
- Select a qualified contractor (provided that pricing levels and conditions of the proposal can be negotiated on the best terms to the DEP), or
- Agree to an informal quote process, or
- 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
Graham Witt at
Michelle Allard at
or Wes Leon at
Closure Statistics [PDF Format]
Eligible (State Funded Cleanups) Closures
Reimbursement Program - 2,621 Closures
Preapproval Program - 4,609 Closures
Total: 7,230 Closures
Closure Report Charts [Posted 01/13/2014]
Additional Areas of Interest
York Risk Services Group, Inc. - Florida is the Administrative Services Contractor for the Petroleum Restoration Program tasked
to assist in various cleanup related administrative functions including but not limited to: Site Priority Scoring, Contractor Selection
Sheet Processing, Deductible and LCAR Solicitation, Preapproval Contractor Qualifications, Cleanup System Utility Invoice Processing,
and File/Database QA.
York Risk Services Group, Inc. - Florida can be reached at 850/224-2599 or by mail c/o FDEP at 2600 Blair Stone Road, Mail Station 4595,
Tallahassee, Florida 32399-2400. The FDEP Contract Manager is Jeff Priddle 850/245-8860.
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