Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 1302
       
       
       
       
       
       
                                Ì842196@Î842196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/27/2015 03:09 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Abruzzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 305 and 306
    4  insert:
    5         Section 3. Paragraph (n) is added to subsection (6) of
    6  section 376.3071, Florida Statutes, to read:
    7         376.3071 Inland Protection Trust Fund; creation; purposes;
    8  funding.—
    9         (6) CONTRACTING AND CONTRACTOR SELECTION REQUIREMENTS.—
   10         (n) Contracts for five site rehabilitation jobs on sites
   11  with concentrations of chemicals of concern which exceed the
   12  default concentrations for natural attenuation must be awarded
   13  to proven innovative technology contractors. The department must
   14  award contracts under this paragraph for projects that are time
   15  sensitive and for reasons of economic development and job
   16  creation.
   17         1. As used in this paragraph, the term “proven innovative
   18  technology contractor” means a contractor who is on the
   19  qualified contractor list and meets the following criteria:
   20         a. Has an approved and accepted innovative technology; and
   21         b. Has used the innovative technology on a minimum of 3
   22  rehabilitation sites in the last 5 years to achieve groundwater
   23  cleanup target levels. The groundwater cleanup target levels
   24  must have been achieved within 12 months. Each site must have
   25  had initial concentrations of chemicals of concern which
   26  exceeded the default concentrations for natural attenuation.
   27         2. Contract awards are exempt from the competitive
   28  procurement requirements provided in chapter 287, and all awards
   29  must be negotiated through a performance-based contract.
   30         3. Costs must be evaluated and negotiated based on
   31  projected itemized costs using the contractor’s innovative
   32  technology or comparatively using conventional technology costs.
   33  All cost analyses must include the total cost to achieve a site
   34  rehabilitation completion order.
   35         4. Upon achievement of groundwater cleanup target levels at
   36  each rehabilitation site, a new job shall be awarded to the
   37  proven innovative technology contractor.
   38         5. This paragraph does not preclude a proven innovative
   39  technology contractor from eligibility to bid on jobs for which
   40  the responsible party has a cost-sharing agreement with the
   41  program.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete line 16
   46  and insert:
   47         alternative cleanup target levels; amending s.
   48         376.3071, F.S.; requiring the department to award
   49         contracts for five site rehabilitation jobs to proven
   50         innovative technology contractors; defining the term
   51         “proven innovative technology contractor”; exempting
   52         contracts from competitive procurement requirements;
   53         amending s. 376.79,