The Legislature has specified the minimum qualifications required for Contractors to work on sites eligible for state-funded cleanup (Subsection 376.3071(6), F.S.). These qualifications are required for all Contractors, and Department of Environmental Protection (DEP) does not have the authority to waive or reduce any of the requirements. The qualifications deal mainly with business registration, licensure and minimum insurance coverage as detailed below. No representation is intended, and none should be inferred, that Contractors who have met the qualification requirements are any better or worse than a Contractor who has not met the requirements. Validation and tracking of Contractor qualifications have been assigned to an Administrative Services Contractor under the oversight of their Petroleum Restoration Program (PRP) Contract Manager.
Subsection 376.3071(6), F.S., requires each contractor performing site assessment and remediation activities for state-funded sites under this section shall certify to the department that the contractor meets all certification and license requirements imposed by law. In addition, each contractor shall certify to the department that the contractor meets the following minimum qualifications:
Complies with applicable Occupational Safety and Health Administration (OSHA) regulations.
Maintains workers’ compensation insurance for employees as required by the Florida Workers’ Compensation Law.
Maintains comprehensive general liability and comprehensive automobile liability insurance with minimum limits of at least $1 million per occurrence and $1 million annual aggregate to pay claims for damage for personal injury, including accidental death, as well as claims for property damage that may arise from performance of work under the program, which insurance designates the state as an additional insured party.
Maintains professional liability insurance of at least $1 million per occurrence and $1 million annual aggregate.
Has the capacity to perform or directly supervise most of the rehabilitation work at a site pursuant to Section 489.113(9).
Rule 62-772.300, F.A.C., requires qualified contractors to possess and maintain or contract with firms that possess and maintain its qualified contractor status with Department. In the event that Contractor’s qualification status lapses, the professional engineer of record changes, the professional geologist of record changes, Contractor shall notify Department within 1 business day and undertake steps to maintain qualified status including providing updated professional engineer / professional geologist documentation prior to continuation of any executed Work Assignment or acceptance of any new Work Assignment. Failure to notify Department shall result in the suspension of all Work Assignments and/or suspension from the program.
For work to be issued and invoices paid, Contractors must also:
Register as a state vendor with MyFloridaMarketplace (MFMP). Multiple office locations may be registered for a given vendor name and taxpayer ID number, but one of them must match the address requested on an invoice for payment; and
Contractor must meet the statutory requirements before they can be qualified to work in the Petroleum Restoration Program. The Contractor Qualification Form must be completed and approved by DEP. To be qualified, a Contractor must submit the completed form in accordance with the instructions on the form with the necessary backup attached and meet all the requirements. The following details on the Contractor Qualification procedure are included for informational purposes only.
The Contractor must be qualified under their current name and that name must match the name registered with the Florida Department of State, Division of Corporations (for entities operating under a fictitious name other than their own personal name). If a Contractor has recently been bought, sold, merged or split and/or now does business under a different name, then they must re-establish their qualifications before any work can proceed. This is especially important regarding the insurance requirements. If the Contractor’s name has changed but their Federal Employer Identification Number (FEID) number has not changed, then the prior Contractor ID number will be retained.
Contractor Qualification Process
This information is provided as a guide to the steps to be taken to maintain and process Contractor Qualifications. The ultimate decision as to whether a Contractor is qualified is up to the Contractor Qualification Coordinator as follows:
Review the form for completeness. All questions must be answered and all answers must be “Yes,” and the form must be signed by an officer of the company.
Verify that the Contractor’s business is registered with the Florida Department of State, Division of Corporations pursuant to Chapter 606, F.S. If current registration cannot be confirmed using the Division of Corporation’s online database, request documentation of current registration from the Contractor. Individuals doing business under their own personal name are not required to register.
Verify that the Contractor’s business has a valid qualifying licensee to practice Professional Geology from DBPR or a qualifying licensee to practice Engineering from the FBPE and valid professional liability insurance certificate. If current authorization cannot be confirmed using DBPR’s online database, request documentation of current certification or a detailed documentation explanation for why such certification may not be required from the Contractor. Individuals doing business under their own personal name are not required to be certified.
Note that this requirement for one or the other business certifications (geology or engineering) is for “qualification” purposes only and should not be construed to override any rule or criteria established by the two governing entities referenced above (DBPR and FBPE) that are responsible for regulation of the geology and engineering professions, respectively. All Contractors are expected to abide by and adhere to all applicable criteria for Professional Geology and Engineering.
Confirm registration with Department of State and MFMP.
Review the insurance certificates to verify that the coverages are as required and that the state of Florida is named as an additional insured for the automobile and general liability insurance and not just as a certificate holder. Also verify that the limits are $1,000,000 each and not as an aggregate.
Enter the appropriate information into the Storage Tank and Contamination Monitoring Database (STCM) Contractor Qualification screen.
Maintenance of Contractor Qualification
Contractor qualification status will automatically expire upon the expiration date of any of their required insurance coverage or licensure or in the event that the qualifying licensee has terminated their affiliation with the Contractor. Annual submittal of the Contractor Qualification Form is not required if there has been no change in any of the information included therein. However, as indicated on the Qualification form, the Contractor is required to notify DEP within one business day of any changes in their qualifications or contact information and to submit documentation of new insurance policies as their old policies expire. It is the Contractor’s responsibility to maintain their qualifications and update all applicable information as necessary. Work cannot be issued to nor performed by a Contractor whose qualifications have expired. STCM does not allow a task assignment or work order to be printed when a Contractor's qualification has lapsed. STCM also contacts Team Leaders when Contractor qualifications have lapsed.
How to Check a Contractor's Qualification
The STCM database is the official repository for Contractor Qualification information. These data are updated daily. The qualification status automatically updates nightly based upon the qualification criteria. Therefore, it is entirely possible that a Contractor will be qualified one day and not the next (and vice versa).
To access qualification information, enter the main STCM screen and select Storage Tank Contamination Monitoring/Cleanup/PCT Contractor Information/Company Information Data Entry. Queries may be performed on either Contractor ID (five digits) or Contractor Name (but be wary of alternative possible listings). Hit F12 to execute query.
If the Contractor is not listed or their Qualification appears to have expired, then email the Contractor Qualification Coordinator atDMW.PRP.Contractor.Recommendations@floridadep.gov immediately with the Contractor’s name and state that you have pending work for that Contractor.
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