1-RFIC 26-101 ISS BPF .pdf

NOTICE OF INTENT TO ENTER INTO A SINGLE SOURCE

CONTRACT AND REQUEST FOR INFORMATION AND

CAPABILITIES (RFIC)

FOR

OPERATING AND MAINTAINING THE

BIOSOLIDS PROCESSING FACILITY

RFIC NO.: 26-101/PA

Issue Date:

AUGUST 2026

THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY

7501 NORTH JOG ROAD

WEST PALM BEACH, FLORIDA 33412

(561) 640-4000

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TABLE OF CONTENTS

GENERAL INFORMATION

1. GENERAL OVERVIEW:

2. PROPOSED VENDOR

3. DESCRIPTION OF CONTRACTUAL SERVICES

4. BACKGROUND

5. JUSTIFICATION FOR SINGLE SOURCE PROCUREMENT

6. REQUEST FOR INFORMATION AND CAPABILITIES FROM PROSPECTIVE VENDORS

Company Information

Relevant Operations and Maintenance Experience

Relevant Regulatory Compliance Experience

Relevant Rehabilitation, Refurbishment, and Asset Management Experience

Relevant Product Marketing Experience

Relevant Financial Capabilities

7. AGENCY DETERMINATION

8. NOTICE OF RIGHTS

SUBMITTAL FORMS

Transmittal Letter

Vendor Acknowledgement Form

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GENERAL INFORMATION

1. GENERAL OVERVIEW:

A. The Solid Waste Authority of Palm Beach County ("Authority") hereby provides notice of its intent to enter into a non-competitive single source contract for the long-term operation, maintenance, biosolids product marketing, and related services associated with the Authority's Biosolids Processing Facility ("BPF") located at the Palm Beach Renewable Energy Park in West Palm Beach, Florida.

B. This notice serves as a formal request for information and capabilities from any prospective vendor that believes it possesses the unique set of qualifications, experience, staffing, technical expertise, and demonstrated operational capability necessary to provide services equivalent to those described herein.

This RFIC is not a competitive solicitation and will not result in the award of a contract; instead, it will be utilized by the Authority to determine whether a single source contract is appropriate.

C. This Notice of Intent to Enter into a Single Source Contract and Request for Information and Capabilities will hereby be referred to as “RFIC” throughout this document.

1.1 SCHEDULE:

A summary schedule of the major activities associated with the AUTHORITY’s RFIC process for this Project is presented in the Schedule. The AUTHORITY, at its sole and unfettered discretion, may modify the schedule as it deems appropriate. The AUTHORITY will notify the RESPONDENT of any changes associated with submittal dates by written Addenda in accordance with Item 1.3 – Addenda, herein.

Schedule

No. ACTIVITY DATE

1. Issue RFIC 08/21/2026

2. Last Date for Authority to Receive Questions on RFIC 09/01/2026

3. Last Date for Authority to Issue Addendum 09/10/2026

4. Submission Due Date 09/16/2026

1.2 RFIC SUBMISSION AND WITHDRAWAL:

A. The AUTHORITY currently uses Bonfire, a 100% digital method of accessing and responding to solicitations (Bonfire). Therefore, RESPONDENTS must submit their RFIC Submittal via Bonfire. The AUTHORITY must receive responses as indicated, no later than 2:00 P.M., Eastern Time, on the date established in the Schedule.

B. The AUTHORITY cautions those submitting must ensure the accuracy of the document uploads to Bonfire.

C. RESPONDENTS may withdraw their RFIC Submittals by notifying the AUTHORITY’s Purchasing Services Department in writing at any time prior to the time set for the RFIC Submittal receipt deadline. RFIC Submittals, once opened, become the property of the AUTHORITY and will not be returned to the RESPONDENTS, except in accordance with Florida Law.

D. All questions and communications concerning this RFIC must be directed to Patricia D.

Armstrong, Procurement Manager. All requests for clarifications or additional information must be submitted in writing via electronic mail to email address parmstrong@swa.org or through Bonfire. All questions shall be submitted no later than the date specified in the Schedule in this RFIC. The AUTHORITY will record its responses to questions, if any, and address them in the form of a written Addendum(a) to this RFIC.

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1.3 ADDENDA:

A. Should revisions to the RFIC become necessary, the AUTHORITY will issue a written Addenda.

All Addenda must be acknowledged. The Acknowledgement must be included in the Transmittal Letter and the Vendor Acknowledgement Form. RESPONDENT’s Submittal may be rejected as non-responsive if RESPONDENT has failed to submit its RFIC Submittal without Addenda Acknowledgement. The AUTHORITY will issue all Addenda through Bonfire.

B. All RESPONDENTS should contact the AUTHORITY no more than five (5) calendar days before the due date for submitting RFIC Submittal to ascertain whether any Addenda have been issued.

Failure of the RESPONDENT to make this inquiry could result in its RFIC Submittal being non-responsive in the event Addenda were issued and not acknowledged by the RESPONDENT in their Submittal.

C. No Addenda will be issued within five (5) calendar days of the due date for receipt of RFIC Submittals except an Addendum withdrawing the RFIC Submittal or one that includes postponement of the date for receipt of RFIC Submittals.

1.4 RIGHTS OF THE AUTHORITY:

This RFIC constitutes an invitation for submission of Submittals to the AUTHORITY. This RFIC does not obligate the AUTHORITY to procure or contract for any of the scopes of services set forth in this RFIC. The AUTHORITY reserves and holds at its sole and unfettered discretion, various rights, and options under Florida law, including without limitation, the following:

• To prepare and issue addenda to the RFIC that may expand, restrict, or cancel any portion or all work described in the RFIC without obligation to commence a new procurement process or issue a modified or amended RFIC.

• To receive questions from potential RESPONDENTS and to provide such answers in writing as it deems appropriate.

• To waive any informalities, technicalities or irregularities in the RFIC Submittals submitted;

• To reject any and all RFIC Submittals.

• To change the date for receipt of RFIC Submittals or any deadlines and dates specified in the RFIC.

• To change the procurement and/or selection process prior to receipt of RFIC Submittals.

• To conduct investigations with respect to the information provided by each RESPONDENT and to request additional information (either in writing or in presentations and interviews) to support such RESPONDENT’s responses and submittals.

• To seek clarification of RFIC Submittals from the RESPONDENT either in writing or in presentations and interviews, and.

• To cancel the RFIC with or without the substitution of another RFIC.

1.5 RFIC PREPARATION COSTS:

The AUTHORITY accepts no liability for costs and expenses incurred by the RESPONDENT in preparation and submission of RFIC Submittals and responses to clarifications from the AUTHORITY, potential site visits and interviews, negotiations, future RFIC or any other work performed in connection with the RFIC Submittal. Each RESPONDENT that enters into the RFIC process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the AUTHORITY for the costs and expenses associated with the process. RESPONDENT should prepare their Submittal providing a straightforward and concise description of the RESPONDENT’S ability to meet the requirements of the RFIC. Unnecessarily elaborate brochures, art work, expensive paper, bindings, visual and other presentation materials, beyond that sufficient to present a complete and effective response to this RFIC is not desired.

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1.6 INTERPRETATIONS:

A. The AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFIC documents other than those given in written Addenda. In no event shall RESPONDENTS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or consultants.

B. Any RESPONDENT that submits in its RFIC Submittal to the AUTHORITY any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration.

1.7 NON-COLLUSION AFFIDAVIT:

The RESPONDENT is required to submit the Vendor Acknowledgement Form attesting to the Non- Collusion Affidavit stipulating RFIC Submittal to the following: “RESPONDENT certifies that its RFIC Submittal is made without previous understanding, agreement, or connection with any person, firm, or corporation making a RFIC Submittal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.”

1.8 PUBLIC ENTITY CRIMES:

Pursuant to Section 287.133(2)(a), as amended: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, submittal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, Submittal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, Submittals or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

1.9 RESTRICTED COMMUNICATIONS DURING RFIC REVIEW PROCESS:

1.9.1 Restricted Communications means a prohibition on communications, written or oral, regarding this RFIC, the Authority’s proposed single source procurement, or the respondent review process between:

(a) Any person, recognized legal entity, or either of their respective representative(s) submitting, or intending to submit, a response to this RFIC; and

(b) any person who is a member of a review, evaluation, or advisory committee or panel established to review responses to this RFIC or provide recommendations concerning the Authority’s proposed single source procurement; and

(c) employees of the department for whose benefit the proposed contract is intended, any employee involved in the review responses, and any Chief of the Solid Waste Authority of Palm Beach County regardless of the department; and

(d) Notwithstanding the above, any person, legal entity, or their respective representative(s), may contact any member(s) of the Authority’s Governing Board, the Executive Director, Purchasing Director or Procurement Manager, however, any such communication shall only be by written correspondence, and in all cases the Purchasing Director shall be copied. Any oral communications to any of these persons(s) listed in this subsection regarding this RFIC, the proposed single source procurement, or the Authority’s review of responses is/are strictly prohibited.

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1.9.2 For the purposes of this section, a person or legal entity’s representative shall include any person or group of persons acting on behalf of that person or legal entity, including but not limited to an employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person or legal entity.

1.9.3 The Restricted Communications period shall commence upon issuance of this RFIC and remain in effect until the provisions of subsection 1.9.5 are satisfied.

1.9.4 The Restricted Communications period shall remain in effect for all person(s), legal entity, or their respective representative(s) submitting a response to this RFIC, even if the person withdraws his/her response to this RFIC.

1.9.5 The Restricted Communications period shall terminate at the time the Board, or

AUTHORITY staff, if authorized to act on behalf of the Board, takes action which ends the RFIC review process, confirms the single source procurement, abandons the single source procurement, or initiates a subsequent procurement process for the operation and maintenance of the BPF. Submitters are cautioned that any potential future procurement related to the long-term operation and maintenance services for the BPF may contain provisions regarding Restricted Communications/Cone of Silence applicable to said procurement.

1.10 INSPECTOR GENERAL:

Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009- 049, which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This Agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the authority, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing access to records relating to this Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor.

1.11 COMMERCIAL NONDISCRIMINATION POLICY:

A. Statement of Policy

It is the policy of the AUTHORITY not to enter into a contract or to be engaged in a business relationship with any business entity that has discriminated in the solicitation, selection, hiring or commercial treatment of vendors, suppliers, subcontractors or commercial customers on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor’s supplier’s or commercial customer’s employees or owners;

provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination.

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B. Policy Implementation

The EBO Office shall implement this policy by periodically conducting outreach and by distributing educational materials to the AUTHORITY’s contracting and vendor community and related trade associations to advise such contractors, vendors and prospective respondents of this policy and the procedures to be followed in submitting complaints alleging violations of this policy. In addition, the Executive Director, the Office of the Chief Financial Officer, the Director of Purchasing, and the Office of the General Counsel shall ensure that the following commercial nondiscrimination clause language is set forth in, and incorporated into, all the AUTHORITY contracts.:

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows:

"As a condition of entering into this agreement, the company represents and warrants that it will comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under Section

6.3 of the AUTHORITY’s Purchasing Manual. As part of such compliance, the company shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the company retaliate against any person for reporting instances of such discrimination. The company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination. The company understands and agrees that a material violation of this clause shall be considered a material breach of this agreement and may result in termination of this agreement, disqualification or debarment of the company from participating in AUTHORITY contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.”

All AUTHORITY contracts shall include the following certification to be completed by the

RESPONDENT:

"The undersigned RESPONDENT hereby certifies and agrees that the following information is correct:

In preparing its response on this project, the RESPONDENT has considered all Submittals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the AUTHORITY’s Commercial Nondiscrimination Policy as set forth in Section 6.3 of its Purchasing Manual, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination.

Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the AUTHORITY to reject the response submitted by the RESPONDENT on this project, and to terminate any contract awarded based on the response.

As part of its response, the RESPONDENT shall provide to the AUTHORITY a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the RESPONDENT discriminated against its Subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of

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1.12 THIRD PARTY BENEFICIARY DISCLAIMER:

It is not the intention of these RFIC documents to create third party beneficiary status in any person or entity that is not a direct party to the contract awarded as a result of being the successful RESPONDENT to this RFIC, and no language in these RFIC documents or the contract awarded pursuant to this RFIC should be construed or interpreted as creating a third-party beneficiary.

1.13 SUBCONTRACTING:

This RFIC does not allow for subcontracting.

1.14 EQUAL BUSINESS OPPORTUNITY PROGRAM

A. The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy and

Procedures administered by the Equal Business Opportunity (EBO) Office to ensure that all segments of its business population, including, but not limited to local, small businesses, have an equitable opportunity to participate in the AUTHORITY’S procurement process. Refer to Section 6.1 through 6.4 of the AUTHORITY’s Purchasing Manual, which are hereby incorporated herein by specific reference. The AUTHORITY’s Purchasing Manual is available at SWA Purchasing Manual It is the intention that the RESPONDENT review and understand these provisions. By submitting a Submittal, it shall be considered a determinative acknowledgment that the RESPONDENT has done so and fully understands these provisions and agrees that all are acceptable. In addition, program tools and solicitation incentives are hereby referred to as the Affirmative Procurement Initiatives (API).

B. Each solicitation will be evaluated to determine the appropriate Affirmative Procurement

Initiatives (API) to be applied. The API will be outlined in detail in Part III “Submittal Submission Requirements” located herein. Failure to meet the API requirement will deem the RESPONDENT’S response as NON-RESPONSIVE.

1.15 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701(2023):

RESPONDENTS are hereby notified of the provisions of section 287.05701(2023) Florida Statutes, as amended, that the AUTHORITY will not request documentation of or consider a RESPONDENT’s social, political or ideological interests when determining if the RESPONDENT is a responsible RESPONDENT. RESPONDENTS are further notified that the AUTHORITY’s governing body may not give preference to a RESPONDENT based on the RESPONDENT’s social, political, or ideological interests.

1.16 DIGITAL ACCESSIBILITY COMPLIANCE:

A. RESPONDENT acknowledges that the AUTHORITY is a public entity subject to Title II of the Americans with Disabilities Act (ADA) and applicable federal accessibility regulations.

RESPONDENT represents and warrants that all websites, web-based applications, digital services, electronic documents, multimedia, and other electronic content created, developed, provided, submitted, maintained, or delivered under this Contract that may be electronically displayed, accessed, distributed, or made available to the public by the AUTHORITY shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, or any successor standard adopted by the U.S. Department of Justice.

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B. All electronic documents submitted to the AUTHORITY, including but not limited to PDFs, reports, forms, presentations, and public-facing materials, shall be provided in an accessible format compliant with the applicable accessibility standards at the time of delivery.

C. RESPONDENT shall ensure that any updates, revisions, or modifications to such digital content remain compliant throughout the term of this Contract. Upon request, RESPONDENT shall provide documentation reasonably demonstrating accessibility compliance. If any deliverable is determined by the AUTHORITY to be noncompliant, RESPONDENT shall promptly remediate the noncompliance at no additional cost to the AUTHORITY and within a timeframe specified by the AUTHORITY. RESPONDENT shall ensure that any third-party digital content or platforms used in performance of this Contract either comply with the requirements herein or that an accessible alternative acceptable to the AUTHORITY is provided.

D. Failure to comply with this subsection shall constitute a material breach of this Contract.

2. PROPOSED VENDOR

• Company Name: New England Fertilizer Company (NEFCO), a Synagro Company

• Address: 435 Williams Court, Suite 100, Baltimore, MD 21220

• Estimated Total Contract Value: Approximately $5 million annually (2026), excluding Utility Passthrough Costs

• Proposed Contract Term: Twenty (20) Years, commencing August 9, 2029

3. DESCRIPTION OF CONTRACTUAL SERVICES

The Authority seeks long-term operation and maintenance services for its Biosolids Processing Facility, including:

1. Operation and maintenance of a regional biosolids treatment facility serving multiple wastewater utility partners in Palm Beach County, Florida.

2. Management and operation of two (2) rotary drum thermal convection drying trains producing a Class AA (Class A EQ) biosolids product.

a. The Authority is not currently entertaining alternate treatment technologies at the BPF.

3. Development and implementation of a long-term facility rehabilitation, refurbishment, reliability improvement, and Capital Investment Plan for the BPF.

a. The BPF will require extensive rehabilitation and refurbishment at the end of the current Operations and Maintenance Agreement (August 8, 2029).

b. Operator will be required to operate the BPF simultaneously while completing the facility refurbishment.

4. Management of varying sludge types and solids concentrations received from multiple wastewater treatment facilities.

5. Coordination with participating wastewater utility partners and compliance with applicable interlocal agreements governing facility ownership and operations.

6. Operation under strict compliance with a Title V Air Operation Permit and all other applicable federal, state, and local environmental regulations.

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7. Utilization and management of a fuel system consisting of the beneficial reuse of landfill gas supplemented by natural gas as necessary.

8. Marketing, distribution, and beneficial reuse of Class AA (Class A EQ) biosolids fertilizer products within Florida and other markets.

4. BACKGROUND

The Authority was established by the Florida State Legislature as a Dependent Special District under the Palm Beach County Solid Waste Act, Chapter 2001-331. The Authority is governed by the seven (7) elected County Commissioners of Palm Beach County, Florida, sitting as the Governing Board of the Authority.

The Authority is the governmental agency responsible for providing an economical and environmentally conscious Integrated Solid Waste Management System (ISWM) for Palm Beach County, Florida (County).

With approximately 400 employees, the Authority provides solid waste disposal and recycling services and programs to the County’s 1.5 million residents and businesses. The Authority’s award-winning integrated system of facilities includes:

• Two (2) Renewable Energy Facilities managing 5,000 tons per day of waste.

• A Recovered Materials Processing Facility for the Authority's dual-stream recycling program.

• Private permitted recyclers managing vegetative waste, construction and demolition debris, and concrete.

• Six (6) transfer stations.

• Seven (7) Home Chemical & Recycling Centers for Household Hazardous Waste (HHW).

• One (1) active Landfill; and

• A Biosolids Processing Facility (BPF).

With the exception of the transfer stations and the HHW facilities, all of the facilities are located on the 1,320-acre Palm Beach Renewable Energy Park in West Palm Beach, Florida. Figure 1 provides an illustration of the Authority’s Energy Park.

The Authority owns and operates the BPF located at the Palm Beach Renewable Energy Park. The facility was developed in partnership with six (6) regional wastewater utility agencies (Partners) that collectively deliver biosolids for processing. These Partners include the Palm Beach County Water Utilities Department (PBCWUD), South Central Regional Wastewater Treatment and Disposal Board (SCRWWTDB), the City of Boca Raton (Boca), Loxahatchee River District (LRD), Seacoast Utility Authority (SUA), and the East Central Regional Wastewater Treatment Facilities Operation Board (ECR). Figure 2 shows the location of the BPF and each Partner facility. The Partners entered into Interlocal Government Agreements (ILAs) with the Authority, wherein, the Partners, through contributions to the capital cost of the BPF, own pro-rata shares of the BPF’s processing capacity, fund the operations and maintenance through the payment of processing fees and have certain rights and obligations regarding the ongoing operations of the BPF as detailed therein.

The BPF started its operations in August 2009. The New England Fertilizer Company (NEFCO), a Synagro Company, designed, permitted, procured, and constructed the BPF and currently has a 20-year Operations and Maintenance Agreement (OMA) with the Authority to operate the BPF through August 8, 2029. Under the OMA, NEFCO is required to process all acceptable deliveries of biosolids to the BPF up to a maximum of 189,000 wet tons per year (WT/year) based on an average maximum daily processing capacity of 520 wet tons per day (WT/day) and a maximum daily processing capacity of 600 WT/day. Based on the requirements of the BPF’s Title V Air Operation Permit, the BPF cannot exceed 675 WT/day.

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Figure 1 – Renewable Energy Park

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Figure 2 – Location of each Partner Facility

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The BPF consists of two rotary-drum thermal convection drying trains that transform biosolids into a Class AA (Class A EQ) granular pelletized fertilizer that is marketed and sold by NEFCO to fertilizer manufacturers, or “blenders,” who then blend the pellets with other ingredients to produce nutrient rich fertilizers. The fertilizer is then used in agricultural applications across the State of Florida. The granular pellets that are not purchased for blending into specific fertilizer formulations are sold for direct use on agricultural land as fertilizer. Landfill gas from the adjacent Class I landfill is beneficially used as the primary fuel source for the rotary drum sludge dryers. Natural gas is used to supplement the landfill gas as needed.

The beneficial reuse of landfill gas reduces the operating costs at the BPF.

The BPF receives biosolids from each of the Partners, who utilize varying treatment and dewatering processes. A summary of the main characteristics of each Partner is presented in the table below.

Historically, annual throughput has ranged from approximately 115,000 to 143,000 wet tons per year, with seasonal peak loading occurring primarily between November and April. Future projections indicate increasing long-term biosolids management demand from the Partners. However, Partner deliveries are not expected to exceed the capacity of the BPF (189,000 WT/year) during the next 20-year term (2029 through 2049).

Flow diagrams for the drying process and air handling process are shown in Figures 3 and 4, respectively.

Figure 3: BPF Drying Process

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Figure 4: BPF Air Handling Process

In accordance with the ILAs, in August 2024 the Authority received a unanimous written vote and commitment from all six (6) Partners to continue the operation of the BPF beyond August 9, 2029. In accordance with the OMA, the Authority, with the consultation of the Participants, shall initiate procurement of a contract operator and make a determination of any rehabilitation/refurbishment, upgrades and/or improvements that should be made to the BPF in order to efficiently operate and maintain the BPF beyond August 9, 2029.

5. JUSTIFICATION FOR SINGLE SOURCE PROCUREMENT

In March 2021, the Authority updated its Master Plan to provide an overview of the current status of facilities, assess the strengths, weaknesses, opportunities, and threats, estimate the future waste tonnages based on population growth within the County, and develop a conceptual plan to address both the short and long-term needs for each key operation. The Authority’s consultants at CDM Smith Inc. (CDM Smith) were contracted to assist with updating the Master Plan for the BPF. Phase I of the BPF Master Plan developed a plan to address the contractual requirements and a timeline for addressing future master plan efforts. Phase II of the Master Plan, delivered in May 2024, assisted the Partners with making the decision to continue the operation of the BPF beyond August 9, 2029. This included future sludge projections, regulatory analyses, technology screening, and an alternatives analysis. The report concluded that, although the BPF possesses adequate capacity on an annual basis, the facility has difficulty processing all biosolids peak months.

Therefore, Phase III of the Master Plan, delivered in July 2026, investigated the needs and requirements for a new, third, stand-alone drying train. This included a conceptual design layout and an Association for the Advancement of Cost Engineering (AACE International) Class 4 cost estimate in addition to an evaluation of permitting constraints.

The Phase III Master Plan also looked at potential operators of the BPF beyond August 9, 2029. As part of their market research, CDM Smith identified NEFCO/Synagro, Merrell Brothers, and Veolia as potential companies that could operate the BPF. NEFCO/Synagro has experience as the original design/build/operate/maintain contractor at the BPF over the last 20 years. NEFCO/Synagro also has experience operating and maintaining similar facilities throughout the Country. The Authority met with Merrell Brothers via a video conference call and in-person meeting in December 2025. Merrell Brothers has experience operating compost facilities and solar drying facilities in Florida, and other alternate treatment technology facilities out of state (i.e. double-drum conduction treatment). CDM Smith and Authority staff determined that Merrell Brothers does not have any experience operating a rotary-drum thermal convection drying facility like the BPF. No meeting with Veolia was arranged after Veolia did not return several phone calls and left emails unanswered.

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Therefore, the Authority has preliminarily determined that the intended vendor is uniquely qualified to provide these services because of the following factors:

Unique Operational Knowledge

• The intended vendor possesses extensive historical knowledge of the BPF facility’s design, permitting, procurement and construction.

• The intended vendor currently operates the BPF facility under a long-term Operations and Maintenance Agreement extending through August 8, 2029.

• The intended vendor has developed and has begun implementation of a long-term facility rehabilitation, refurbishment, reliability improvement, and Capital Investment Plan for the BPF.

• The intended vendor possesses extensive historical knowledge of the facility's operating characteristics, equipment condition, maintenance history, process controls, product marketing channels, and extensive regulatory compliance programs.

Unique Technical Qualifications

At the Authority’s BPF, the intended vendor has demonstrated its ability to:

• Process up to 600 wet tons of biosolids per day.

• Receive and manage biosolids from multiple wastewater treatment facilities, simultaneously, that deliver varying sludge types and solids concentrations.

• Utilize high-capacity, multi-train rotary drum thermal convection drying technology.

• Operate under strict compliance with a Title V Air Operation Permit, or other air permitting requirements associated with thermal drying operations.

• Implement large-scale rehabilitation and refurbishment programs associated with Capital Investment Planning.

• Produce, market, and distribute Class AA (Class A EQ) biosolids products throughout the County, and specifically in the State of Florida.

The Authority believes no other firm possesses this combination of unique operational, technical, regulatory, marketing, and asset management experience.

Critical Operational Continuity

The BPF is a regional utility asset that serves six (6) participating public wastewater utility agencies (Partners) and provides an essential biosolids treatment capacity for Palm Beach County. The Authority seeks to avoid operational risks and excessive costs associated with transitioning rehabilitation, refurbishment, operations and maintenance of a highly specialized facility without demonstrably equivalent experience and capability.

6. REQUEST FOR INFORMATION AND CAPABILITIES FROM PROSPECTIVE VENDORS

All vendors believing they can provide the exact or equivalent services described above must submit a Statement of Information and Capabilities (Statement) demonstrating their ability to perform the required services.

At a minimum, the Statement shall include:

Company Information Provide company background, history, ownership structure, organizational chart identifying key personnel, biosolids management facility locations, etc. Respondents shall provide current registrations, state certifications, and applicable licenses to conduct business in Florida as a corporation.

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Relevant Operations and Maintenance Experience Documentation demonstrating:

• Experience operating at least three (3) biosolids treatment facilities with capacities exceeding 300 wet tons per day.

• Experience operating at least three (3) biosolids treatment facilities utilizing rotary drum thermal convection drying technology.

• Experience operating at least three (3) regional biosolids treatment facilities that receive biosolids from multiple wastewater treatment facilities with varying sludge characteristics. This may include:

Anaerobically digested biosolids;

Aerobically digested biosolids;

Undigested biosolids; and/or

Variations in sludge solids content.

For each of the reference facilities, please provide the following information:

Facility name

Location.

Owner.

Contract term.

Years of operation.

Scope of services (Respondent’s role).

Treatment technology utilized.

Air pollution control technology utilized.

Average annual throughput.

Peak day throughput

Relevant Regulatory Compliance Experience Documentation demonstrating experience complying with:

• Title V Air Operation Permit, or other air permitting requirements associated with thermal drying operations.

• 40 CFR Part 503.

• Chapter 62-640, F.A.C. Florida biosolids regulations

• Other environmental reporting and compliance programs.

Relevant Rehabilitation, Refurbishment, and Asset Management Experience Documentation demonstrating experience with rehabilitating and refurbishing a biosolids treatment facility associated with long-term Capital Investment Planning. This may include:

• Rotary drum dryer replacement or rehabilitation.

• Process equipment replacement and/or upgrades.

• Piping, ducting, and conduit replacement.

• Electrical distribution systems.

• Heat exchangers and cooling towers.

• Regenerative Thermal Oxidizers (RTOs) and other air pollution control equipment.

• Distributed Control Systems.

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Relevant Product Marketing Experience Documentation demonstrating experience marketing, distributing, and beneficially reusing Class AA (Class A EQ) biosolids products in the Country, and specifically within the State of Florida. This may include:

• Product type.

• Geographic markets served.

• Years operating within Florida

• Customer types served.

• Annual quantities marketed.

• Distribution channels utilized.

• End-use applications.

• Marketing strategy.

• Regulatory compliance experience.

Relevant Financial Capabilities Documentation demonstrating:

• Financial capacity sufficient to support a contract of this size and duration. Please include the most recent three (3) years of annual reports filed with the Securities and Exchange Commission (SEC) or equivalent on form 10-K, and supporting documents, and all quarterly reports filed with the SEC or equivalent on form 10-Q since the last 10-K was filed. If 10-K or 10-Q reports reference other reports that describe the Respondent’s financial condition, copies of such reports shall be provided.

• Ability to provide a Guarantor capable of legally committing to guarantee the financial obligation of the agreement. Guarantor must demonstrate a net worth of at least $20 million.

• Ability to obtain payment and performance bonding of at least $2 million.

• Evidence of the ability to secure insurance coverage on previous projects of similar size.

7. AGENCY DETERMINATION

The Authority will evaluate all timely Statements received in response to this notice.

1. If the Authority determines that one or more respondents possess the capability to provide the required contractual services, the Authority may elect not to initiate the proposed single source procurement, and instead, may elect to initiate a competitive solicitation. The respondent understands that this RFIC does not constitute an agreement or a contract with the respondent. Nothing contained in this Section shall limit or divest the Authority’s Governing Board of its authority pursuant to the Special Act or general law.

2. If no respondent demonstrates the unique qualifications and capabilities necessary to provide the required services, the Authority intends to proceed with the proposed single source procurement.

8. NOTICE OF RIGHTS

Failure to respond to this RFIC within the time prescribed by the Schedule (Submission Deadline:

September 16, 2026, at 2:00 PM EST) shall constitute a waiver of rights to be considered responsive.

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SUBMITTAL FORMS

Transmittal Letter

Vendor Acknowledgement Form

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TRANSMITTAL LETTER

(To be typed on RESPONDENT’S Letterhead)

[Date]

Patricia D. Armstrong Purchasing Manager Purchasing Services Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, FL 33412

Dear Ms. Armstrong:

______________________________ (RESPONDENT) hereby submits its Submittal in response to the Notice of Intent to Enter into a Single Source Contract and Request for Information and Capabilities (RFIC) No.: 26- 101/PA for Biosolids Processing Facility issued by the Solid Waste Authority of Palm Beach County (AUTHORITY).

As a duly authorized representative of the RESPONDENT, I hereby certify, represent and warrant, on behalf of the RESPONDENT team, as follows in connection with the Submittal:

1. The RESPONDENT acknowledges receipt of the RFIC and all Addenda by virtue of signing the Vendor

Acknowledgement Form.

2. The Submittal has been duly authorized by, and in all respects is binding upon, the RESPONDENT.

3. All information and statements contained in the Submittal are current, correct and complete, and are made with full knowledge that the AUTHORITY will rely on such information and statements in qualifying

RESPONDENT.

4. The RESPONDENT certifies under penalties of perjury that the RFIC has been prepared and is submitted in good faith without collusion, fraud or any other action with any other person taken in restraint of free and open competition for the services contemplated by the RFIC. As used in this Submittal Form, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

5. The RESPONDENT is not currently suspended or debarred from doing business with any governmental entity.

6. The RESPONDENT has reviewed all of the engagements and pending engagements of the RESPONDENT, and no potential exists for any conflict of interest or unfair advantage.

7. No person or selling agency has been employed or retained to solicit the award of the Agreement under an arrangement for a commission, percentage, brokerage or contingency fee or on any other success fee basis, except bona fide employees of the RESPONDENT.

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8. The principal contact person who will serve as the interface between the AUTHORITY and the RESPONDENT for all communications is:

Name:

Title:

Mailing Address:

Phone:

Fax:

E-mail:

The RESPONDENT has carefully examined all documents constituting the RFIC and the addenda thereto and, being familiar with the work and the conditions affecting the work contemplated by the RFIC and such addenda, offers to furnish all labor, materials, supplies, equipment, facilities and services which are necessary, proper or incidental to carry out such work as required by and in strict accordance with this RFIC and the Submittal. Please note that the AUTHORITY prefers digital signatures, however, scanned PDFs of wet signatures are acceptable.

Name of RESPONDENT

Print Name of Designated Signatory

Signature

Title

State of

County of

On this ___________ day of _______________, 20____, before me appeared _______________________________ personally known to me to be the person described in and who executed this ________________________________ and acknowledged that (she/he) signed the same freely and voluntarily for the uses and purposes therein described.

In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above.

Signature

Notary Public in and for the State of

(Affix Seal here) (Name printed)

Residing at

My commission expires

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CERTIFICATE OF CORPORATE AUTHORITY

I, _________________________________, certify that I am the Secretary of the corporation named as

RESPONDENT in RFIC No.: 26-101/PA ____________; that __________________________________ who signed the said Contract on behalf of the RESPONDENT, was then __________________________ of said corporation; that

I know the seal of said corporation; that said seal has been affixed to this Contract; and that it was so affixed by order of said official of the Corporation; that I know his/her signature, and such signature hereto is genuine; and that he/she signed this Contract by authority of the directors of said Corporation.

Dated this _____ day of ________________, 20_____

Corporate Secretary

(Corporate Seal)

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ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP

State of _____________________

SS:

County of ___________________

On this _________ day of ________________________, 20_____, before me personally came and appeared

___________________________________, to me known, and known to me to be one of the members of the firm of

__________________________________________________ described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same as and for the act and deed of said firm.

Notary Public

(Seal)

ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL

State of _____________________

SS:

County of ___________________

On this __________ day of ________________________, 20_____, before me personally came and appeared

___________________________________, to me known, and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same.

Notary Public

(Seal)

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VENDOR ACKNOWLEDGEMENT FORM

Reading and attesting to the items below are required components of your response in order for your submittal to be considered as responsive. Therefore, by submitting this Vendor Acknowledgement Form, the person submitting this form certifies and affirms under penalty of perjury that:

1) They he/she is an officer or duly authorized agent acting with the legal ability to bind the party(ies) named below in all respects with regards to this RFIC and this representation is made for the express purpose of it being relied upon by the AUTHORITY.

2) The Vendor Representative has personal knowledge that the foregoing is true and accurate and satisfies all legal requirements detailed below:

3) The Vendor acknowledges and agrees to be bound to the General Conditions, Instructions, and Information for Vendors (for ITB)/General Information (for RFP/RFQ/RFIC) provided herein.

4) Drug-Free Workplace: In accordance with Florida Statute 287.087, Vendor certifies to be engaged in the following:

a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

b) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

c) Give each employee engaged in providing the commodities or contractual services that are under this RFIC a copy of the statement specified in subsection (1).

d) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under this RFIC, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, no later than five (5) days after such conviction.

e) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

f) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

5) Non-Collusion Certification: That she/he is an officer or duly authorized agent acting on behalf of the party(ies) making the foregoing, that such Response is genuine and not collusive or sham; that said Vendor has not colluded, conspired, connived or agreed, directly or indirectly with any Vendor or person, to put in a sham response or to refrain from responding and has not in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any person, to fix the price or affiant or any other Vendor or to fix any overhead, profit or cost element of said price or that of any other Vendor, or to secure any advantage against the AUTHORITY, or any person interested in the proposed contract and that all statements in said response are true.

6) Scrutinized List Certification: Vendor certifies:

a) It does not Participate in a boycott of Israel; and

b) Is not on the Scrutinized Companies that boycott Israel list; and

c) Is not on the Scrutinized Companies with activities in Sudan list; and

d) Is not on the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list; and

e) Has not engaged in business operations in Cuba or Syria

7) Conditions…