1-RFP 26-205 - Biomass Waste Processing - Medium Volume.pdf

YOUR PARTNER FOR

SOLID WASTE SOLUTIONS

REQUEST FOR PROPOSAL

FOR

BIOMASS WASTE PROCESSING – MEDIUM VOLUME

RFP NO.: 26-205/DL

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

SECTION 1 - GENERAL INFORMATION

1.1. Background

1.2. Pre-Proposal Conference

1.3. Evaluation Process

1.4. Procurement Schedule

1.5. Proposal Submission and Withdrawal

1.6. Communication Protocol

1.7. Addenda

1.8. Rights of the Authority

1.9. Proposal Preparation Costs

1.10. Interpretations

1.11. Non-Collusion Affidavit

1.12. Public Entity Crimes

1.13. Public Records Act / Information Disclosure to Third Parties

1.14. Insurance Required

1.15. Cone of Silence

1.16. Agreements with other Governmental Entities

1.17. Scrutinized Companies

1.18. Inspector General

1.19. Commercial Non-Discrimination Policy

1.20. Third Party Beneficiary Disclaimer

1.21. E-Verify – Employment Eligibility

1.22. Equal Business Opportunity Program

1.23 Prohibition Against Considering Social, Political or Ideological Interest in Government Contracting

1.24 Non-Governmental Entity Human Trafficking

SECTION 2 - SCOPE OF WORK

2.1 Introduction

2.2 Definition

2.3 Work Objective

2.4 Scope of Work

2.5 Reporting

SECTION 3 - PROPOSAL SUBMISSION REQUIREMENTS

3.1 Proposal Submission Requirements and Format

3.2 Content

SECTION 4 - PROPOSAL EVALUATION AND AWARD

4.1 General

4.2. Evaluation Criteria

4.3. Evaluation Method

4.4 Award

4.5 Posting of Recommendation of Award

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PROPOSAL FORMS

1. Transmittal Letter

2. Price Proposal

3. SBE Commitment Form

4. SBE Subcontractor Supplier Participation Schedule

5. Statement of Intent to Perform as an SBE Subcontractor/Supplier

6. Subcontracting Goal – Waiver Request

7. Good Faith Effort Documentation Form

8. Certification of Business Location

9. PROPOSER’S Qualification Statement

10. Vendor Acknowledgement Form

ATTACHMENTS

Attachment A - Sample Agreement Attachment B – Procurement Schedule Attachment C – Authority’s Facilities and Locations Attachment D – REF 2 Radius

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GENERAL INFORMATION

1.1. BACKGROUND:

A. The Solid Waste Authority of Palm Beach County (“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 Governing Board members are elected for terms as determined in the Solid Waste Act. It is important to note that the AUTHORITY is an entirely separate and legally distinct entity from Palm Beach County which is a political subdivision of the State of Florida.

B. The AUTHORITY is the governmental agency responsible for providing an economical and environmentally conscious integrated Solid Waste Management System for Palm Beach County, Florida. 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 also provides solid waste and recycling collection services to the residents and businesses in unincorporated Palm Beach County through private haulers under exclusive franchise agreements.

C. The AUTHORITY has built an award-winning integrated system of facilities that combines recycling, renewable energy and landfilling to effectively manage the county’s waste. The AUTHORITY’s system includes two waste-to-energy facilities, landfills, a recovered materials processing facility, a biosolids processing facility, seven (7) home chemical collection facilities and a network of six (6) transfer stations.

1.2. PRE-PROPOSAL CONFERENCE:

A. A Non-mandatory Pre-Proposal Conference will be held on the date and time outlined in the Procurement Schedule at 7501 North Jog Road, West Palm Beach, Florida 33412, open to all interested parties at which time the AUTHORITY staff shall be present to answer questions and explain the intent of the RFP documents.

B. Any conclusions reached at this conference which amend the RFP documents, will be issued in the form of a written Addendum(s). The AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFP documents other than those given in written Addenda. In no event shall PROPOSERS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or contractors.

There are no exceptions.

1.3. EVALUATION PROCESS:

The evaluation process will be conducted by the Evaluation Committee in accordance with, but not limited to, the methods and criteria described in the Proposal Evaluation and Award Section of this RFP

1.4. PROCUREMENT SCHEDULE:

A summary schedule of the major activities associated with the AUTHORITY’S procurement process for this Project is presented in the Procurement Schedule (See Attachments). The AUTHORITY, at its sole and unfettered discretion, may modify the schedule as it deems appropriate. The AUTHORITY will notify the PROPOSER of any changes associated with submittal dates by written Addenda.

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1.5. PROPOSAL SUBMISSION and WITHDRAWAL:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations

(Bonfire). Therefore, PROPOSERS must submit their proposal via Bonfire. The AUTHORITY must receive responses as indicated and on the date and time established in the Procurement Schedule of this RFP.

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

C. The PROPOSER may withdraw their Proposal by notifying the AUTHORITY’S Purchasing Services office in writing at any time prior to the time set for the Proposals receipt deadline. Proposals, once opened, become the property of the AUTHORITY and will not be returned to the PROPOSERS, except in accordance with Florida Law.

1.6. COMMUNICATION PROTOCOL:

All questions and communications concerning this procurement process must be directed to Diane LeRay, CPPO, CPPB. All requests for clarifications or additional information must be submitted in writing via electronic mail to dleray@swa.org or Bonfire. All questions shall be submitted no later than the date specified in Procurement Schedule of this RFP. The AUTHORITY will record its responses to questions, if any, and address them in the form of a written Addendum(s) to this RFP.

1.7. ADDENDA:

A. Should revisions to the RFP become necessary, the AUTHORITY will issue written Addenda. All Addenda must be acknowledged. This Acknowledgement must be included in the Proposal Form – Transmittal Letter and the Vendor Acknowledgement Form. PROPOSER’S submittal may be rejected as non-responsive if PROPOSER has failed to submit its Proposal without Addenda Acknowledgement. The AUTHORITY will issue all Addenda through Bonfire.

B. All PROPOSERS should contact the AUTHORITY no more than five (5) calendar days before the due date for submitting Proposals to ascertain whether any Addenda have been issued. Failure of the PROPOSER to make this inquiry could result in its Proposal being non-responsive in the event Addenda were issued and not acknowledged by the PROPOSER in their submittal.

C. No Addenda will be issued within five (5) calendar days of the due date for receipt of Proposals except an

Addendum withdrawing the RFP or one that includes postponement of the date for receipt of Proposals.

1.8. RIGHTS OF THE AUTHORITY:

This RFP constitutes an invitation for submission of Proposals to the AUTHORITY. This RFP does not obligate the AUTHORITY to procure or contract for any of the scopes of services set forth in this RFP. 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 RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP;

• To receive questions from potential PROPOSERS and to provide such answers in writing as it deems mailto:dleray@swa.org

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

• To reject any and all Proposal submissions;

• To change the date for receipt of Proposals or any deadlines and dates specified in the RFP;

• To change the procurement and/or selection process prior to receipt of Proposals;

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

• To visit facilities referenced in the PROPOSER’S submittal at any time or times during the procurement process;

• To seek clarification of Proposals from the PROPOSERS either in writing or in presentations and interviews, and;

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

1.9. PROPOSAL PREPARATION COSTS:

The AUTHORITY accepts no liability for costs and expenses incurred by the PROPOSER in preparation and submission of Proposals and responses to clarifications from the AUTHORITY, potential site visits, interviews, negotiations, future RFP or any other work performed in connection with the Proposal. Each PROPOSER that enters into the procurement 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. PROPOSER should prepare their submittal providing a straightforward and concise description of the PROPOSER’S ability to meet the requirements of the RFP. 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 RFP is not desired.

1.10. INTERPRETATIONS:

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

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

1.11. NON – COLLUSION AFFIDAVIT:

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

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1.12. 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal 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, proposals 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.

1.13. PUBLIC RECORDS ACT/INFORMATION DISCLOSURE TO THIRD PARTIES:

A. Sealed bids, proposals, SOQs, or replies received by the AUTHORITY pursuant to a competitive solicitation are exempt from s. 119.07(1) and s.24(a), Article I of the State Constitution until such time as the AUTHORITY provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, SOQs, or final replies, whichever is earlier. As such, the AUTHORITY shall not in any way be liable or responsible for the proper disclosure or result of the proper disclosure of any submissions or portions thereof submitted in response to the RFP, made in accordance with applicable law.

B. The law provides for certain exemptions from disclosure. If the PROPOSER believes that some information contained in their Proposal is exempt or exempt and confidential from disclosure, the PROPOSER is instructed to label such information as specifying the exact section of the public records, or other Florida or Federal law that justifies nondisclosure, and request in writing the AUTHORITY keep such information confidential and free from disclosure. The AUTHORITY reserves the right to make any final determination of the applicability of the public records or other Florida or Federal law. Prior to releasing any information, the AUTHORITY will inform the PROPOSER and allow the PROPOSER to seek an injunction prohibiting the AUTHORITY from releasing the information. Each PROPOSER agrees that the AUTHORITY may reveal any confidential and exempt materials to designated AUTHORITY staff and the Board members involved in the evaluation process, and to any outside consultant or third parties who serve on the Evaluation Committee or who are hired by the AUTHORITY to assist in the evaluation process.

Furthermore, each PROPOSER agrees to indemnify and hold harmless the AUTHORITY and each of their officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the PROPOSER has designated as confidential and exempt.

C. The portions of any meetings where PROPOSER(S) is making an oral presentation, is/are answering questions, where negotiations take place, or AUTHORITY meetings to discuss negotiation strategy are also exempt from public access in accordance with Sections 286.0113(2)(b)1, Florida Statutes, as may be amended.

1.14. INSURANCE REQUIRED:

The PROPOSER(S) shall at its sole expense, obtain and maintain insurance reflecting the minimum amounts and conditions specified in the Insurance Requirements Checklist. (see Documents section of Bonfire) If the PROPOSER(S) is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the PROPOSER’(S) insurance coverage, policies or capabilities may be grounds for rejection of the proposal(s) and rescission of any ensuing agreement(s). Certificate(s) of Insurance are required indicating that coverage is in full force and effect and include the following language: “Should any of the policies be cancelled before the expiration date

- 5 -thereof, notice will be delivered in accordance with the policy provisions.” Notice shall not be less than (30) days for any cancellation, non-renewal or material change to the insurance coverages and not less than ten

(10) days for non-payment of premium. The requirements contained herein, as well as AUTHORITY’S review or acceptance of insurance maintained by PROPOSER are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by PROPOSER under this Agreement. In the event that sub-contractors used by the PROPOSER do not have insurance, or do not meet the insurance limits, PROPOSER shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub-contractor’s insurance coverage, to the extent that insurance meeting the limits would have afforded coverage to the AUTHORITY, as indicated in the Insurance Checklist.

1.15. CONE OF SILENCE:

1.15.1 Cone of silence means a prohibition on any communication, written or oral, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between:

(a) Any person, recognized legal entity, or either of their respective representative(s) seeking an award from such competitive solicitation; and

(b) any person who is a member of a selection or evaluation committee or panel whose purpose is to make selections, recommendations or evaluations in connection with a competitive selection process; and

(c) any employee of the department from which the contract solicitation originated and for whose primary purpose it will serve, any employee that is a Chief of the Solid Waste Authority of Palm Beach County regardless of the originating 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 a particular competitive solicitation is/are strictly prohibited.

1.15.2 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.

1.15.3 The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Each request for proposal, request for qualification, bid, or any other competitive solicitation shall provide notice of the Cone of Silence requirements and refer to this policy.

1.15.4 The Cone of Silence shall remain in effect for all person(s), legal entity, or their respective representative(s) submitting a response to a competitive solicitation until such time as the provisions of subsection 15.7 are satisfied, even if the person withdraws his/her submittal from the competitive process or is otherwise eliminated from consideration consistent with the procedures of the competitive process.

1.15.5 The provisions of this policy shall not apply to oral communications at any proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any meeting, presentations made to the Governing Board, and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any employee and the intended awardees,

- 6 -or any dispute resolution process following the filing of a protest between the person filing the protest and any employee.

1.15.6 The Cone of Silence shall not apply to any purchase made in an amount less than the competitive bid threshold set forth in the Authority Purchasing manual.

1.15.7 The Cone of Silence shall terminate at the time the Board, or Authority staff, if authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process.

1.15.8 The Board, by means of action taken at any properly noticed Governing Board meeting, may invoke the Cone of Silence earlier than the times specified in this section, for any procurement.

1.15.9 Any and all questions regarding the individuals who may or may not be covered under the Cone of

Silence should be directed to the Purchasing Director or designee.

1.16. AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES:

All PROPOSERS submitting a response to this RFP agree that such response also constitutes a response to all State and local government agencies of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this RFP, should the successful PROPOSER deem it in the best interest of their business to do so. The Agreement(s) resulting from this RFP in no way restricts or interferes with any State or local government agencies of the State of Florida from re-solicitation for any or all items specified in this RFP.

1.17. SCRUTINIZED COMPANIES:

A. When Contract value is greater than one million dollars ($1,000,000): As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be requested at the time of Contract renewal.

B. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the

CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725.

If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and, if said false certification stated that CONTRACTOR was not engaged in a boycott of Israel, a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be requested at the time of Contract renewal.

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1.18. 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.

1.19. COMMERCIAL NON-DISCRIMINATION 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 discrimination that have occurred or are occurring in the relevant marketplace for Palm Beach County.

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 that result from formal solicitations:

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 that have occurred or are occurring in the AUTHORITY’s relevant marketplace in

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Palm Beach County. 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 Formal Solicitations issued for 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 proposals 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 that have occurred or are occurring in SWA’s relevant marketplace of Palm Beach County. 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 submitting a response to the AUTHORITY, the RESPONDENT agrees to comply with the AUTHORITY’s Commercial Nondiscrimination Policy as described under its Purchasing Manual – Economic Inclusion Policy and Procedures, Section 6.3.

1.20. THIRD PARTY BENEFICIARY DISCLAIMER:

It is not the intention of these RFP 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 PROPOSER to this RFP, and no language in these RFP documents or the contract awarded pursuant to this RFP should be construed or interpreted as creating a third-party beneficiary.

1.21. E-VERIFY – EMPLOYMENT ELIGIBILITY:

PROPOSER warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, PROPOSER shall (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the PROPOSER’s contractors/consultants and subcontractors/subconsultants performing any duties and obligations under the resultant agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. AUTHORITY shall terminate the resultant agreement if it has a good faith belief that the PROPOSER has knowingly violated Section 448.09(1), Florida Statutes as may be amended.

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1.22. 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 https://swa.org/602/PURCHASING-MANUAL. It is the intention that the PROPOSER review and understand these provisions. By submitting a Proposal, it shall be considered a determinative acknowledgment that the PROPOSER 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 “Proposal Submission Requirements” located herein. Failure to meet the API requirement will deem the PROPOSER’S response as NON-

RESPONSIVE.

C. CONTRACTOR / VENDOR WAIVER REQUEST:

1. If a PROPOSER is unable to comply with the API requirements of this solicitation, PROPOSER shall submit a request for a waiver or partial waiver at the time the Proposal is due. The waiver request shall include specified documentation which demonstrates a Good Faith Effort (as defined in the Purchasing Manual as incorporate herein) to comply with the requirements as described under the selected API. PROPOSER shall use the Subcontracting Goal – Waiver Request for this waiver request that shall constitute part of the proposal submittal, the bid evaluation and selection process.

To assist in documenting Good Faith Efforts, submittal of the Good Faith Effort Documentation Form is required.

2. Post-Award Vendor Subcontracting Waiver Request – (See Sample Agreement)

If, after award of a contract, the contractor is unable to meet the participation requirements for SBEs specified at response submittal, the contractor must seek substitute or additional SBEs to fulfill the requirements; the requested substitution must be approved by the Director of the EBO Office or designee and the Originating Department Director or designee. If, after reasonable Good Faith Efforts, the contractor is unable to find an acceptable substitute or additional SBE, a post-award waiver may be requested. The request shall document the reasons for the contractor’s inability to meet the goal requirement. In the event the contractor is found not to have performed Good Faith Efforts in its attempt to find a suitable substitute for the initial SBE proposed utilization; the contract may, in the AUTHORITY’s sole and unfettered discretion, be terminated for material breach. If the AUTHORITY terminates the contract, the AUTHORITY may then award the contract to the next lowest Responsible and Responsive PROPOSER or, in the alternative, re-solicit the contract with the terminated vendor being disqualified from participation in the re-solicitation, or any other means at the sole and unfettered discretion of the AUTHORITY. If requesting a post-award vendor subcontracting waiver, the vendor must request waiver of a specified subcontracting goal by submitting a Post-Award Vendor Subcontracting Waiver Request. Documentation and supporting evidence of all Good Faith Efforts made to comply with the subcontracting goal must be submitted.

https://swa.org/602/PURCHASING-MANUAL

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1.23 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN

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

PROPOSERS 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 PROPOSER’s social, political, or ideological interests when determining if the PROPOSER is a responsible PROPOSER. PROPOSERS are further notified that the AUTHORITY’s governing body may not give preference to a PROPOSER based on the PROPOSER’s social, political, or ideological interests.

1.24 NON-GOVERNMENTAL ENTITY HUMAN TRAFFICKING:

PROPOSER warrants and represents that it is in compliance with Section 787.06 of the Florida Statutes, and declares that the PROPOSER does not use coercion for labor or services as defined in the statutes.

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SCOPE OF WORK

2.1 INTRODUCTION:

A. The Solid Waste Authority of Palm Beach County (AUTHORITY) receives approximately 450,000 tons of Biomass Waste at its facilities annually. Of the 450,000 tons, approximately 225,000 tons are either processed at the AUTHORITY’s renewable energy-mass burn facility or used beneficially onsite.

Additionally, approximately 175,000 tons of biomass are processed offsite through two (2) existing contracts. The remaining quantity, approximately 50,000 tons, will need to be processed through an additional contract.

B. The purpose of this Request for Proposal (RFP) is to establish a contract with a qualified and experienced contractor (PROPOSER) to receive, process and beneficially use/recycle 50,000 tons of Biomass Waste provided by the AUTHORITY.

C. The AUTHORITY will guarantee the delivery of 50,000 tons of Biomass Waste per year or will pay for the shortfall (put-or-pay”) at the established per ton rate. The AUTHORITY will likely have additional tonnage to deliver to PROPOSER/Contractor established under this contract.

2.2 DEFINITION:

Biomass Waste: shall mean vegetation and woody material resulting from landscaping maintenance, tree and shrub trimming, land clearing operations, and construction/demolition operations. Biomass Waste may also include grass clippings, palm fronds, tree stumps and root balls. It should not include trash, garbage, hazardous waste, biosolids, biomedical waste, or chemically treated wood (e.g. chromated copper arsenate solutions, creosote, pentachlorophenol, or visible paint).

PROPOSERs should be aware the AUTHORITY’s Biomass Waste contains some plastic bags/containers or similar materials (from lawn maintenance activities) and other synthetic materials.

Turned Away Loads: shall mean as the inability of the AUTHORITY to offload during the days/times of Contractor site operations set forth in the contract due to 1) the facility being unavailable (i.e. closed, inoperable), or 2) an excessive wait time of fifteen (15) minutes or more that may, in its sole discretion, prevent the AUTHORITY from offloading.

Yard Trash: shall mean vegetation typically resulting from landscaping maintenance operations and typically includes material such as tree and shrub trimming, glass clippings, palm fronds, tree and tree stumps and root balls. The criteria for being defined as yard trash is that individual items should weigh no more than 50 lbs.

or be greater than 6’ in length.

2.3 WORK OBJECTIVE:

The AUTHORITY is requesting a gate fee (tipping fee charged to AUTHORITY) from each PROPOSER for off-site receiving, processing and beneficially using/recycling of Biomass Waste delivered to the PROPOSER’s facility by the AUTHORITY. PROPOSERS can propose multiple sites; however, all sites proposed must be located within 20 miles of the AUTHORITY’s renewable energy facility (REF 2) located at 6651 N. Jog Road, West Palm Beach, Florida 33412 – see ATTACHMENT D for radius map. If the PROPOSER submits multiple sites, all sites will be averaged to determine the PROPOSER’s price per ton.

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2.4 SCOPE OF WORK:

A. The AUTHORITY typically receives Biomass Waste at six (6) locations throughout Palm Beach County.

These locations are listed on ATTACHMENT C of this RFP. PROPOSERS shall be aware that all Biomass Waste determined to be in excess of the AUTHORITY’s internal processing/use capacities will be delivered by the AUTHORITY’s owned and operated 100 cubic yard, 18-wheeled tractor trailers with walking floors to PROPOSER’s facility. The guarantee of 50,000 tons per year is intended to be spread out over 311 workdays per year (no deliveries on Sunday’s, Thanksgiving or Christmas). This works out to approximately eight (8) tractor-trailer loads per day. However, operational necessity and unforeseen circumstances may dictate that the AUTHORITY delivers more or less on a given day. The PROPOSER will have the right to turn down loads once the eight (8) loads per day is reached should they choose to do so; however, the AUTHORITY would expect the Contractor to be reasonable with the acceptance of additional loads if site limitations afford them to do so and there are no adverse impacts to the PROPOSER. If the PROPOSER agrees to accept more than eight (8) loads per day, the AUTHORITY will be flexible with minimum requirements of the contract which are impacted as a result of the increased quantity for that particular day only.

The PROPOSER will be held responsible for receiving/processing and final disposition of the tonnage listed. Should a PROPOSER turn away loads between 7:00am and 6:00pm, Monday through Saturday up to the minimum amounts described in paragraph 2.1 C. of this RFP; the AUTHORITY will maintain the right to apply tonnage and any cost per ton additionally paid for disposal of Turned Away Loads as a credit to the put-or-pay amount. The AUTHORITY’s biomass receiving program currently allows homeowners to place plastic bags in their biomass pile so long as the bags contain vegetation. The AUTHORITY does not remove these bags, and the PROPOSERS shall be fully aware of the makeup (size and quality) of the material when proposing its gate fee.

The PROPOSER shall be responsible for the acceptance of all conforming Biomass Waste up to the minimum tonnage listed. The PROPOSER may reject any non-conforming Biomass Waste delivered strictly by the AUTHORITY. However, the PROPOSER’s representative rejecting the load must call-out the load immediately as the material is being offloaded and must photo-document including time/date of the rejected load. If non-conforming waste is delivered by the AUTHORITY, the PROPOSER may place all non-conforming waste in the AUTHORITY’s tractor trailers and such materials shall be disposed by the AUTHORITY at no cost to the PROPOSER.

B. The PROPOSERS should be aware that the bulk of material delivered by the AUTHORITY will come from routine lawn and Yard Waste maintenance operations. However, PROPOSERS shall be prepared to accept minimal quantities of land clearing or wood waste from construction/demolition debris operations mixed in with the vegetation/Yard Waste loads. Best efforts will be made by the AUTHORITY to deliver clean Biomass Waste under this contract.

C. In performance of the services, the PROPOSERS shall comply with all applicable federal, state, and local regulatory requirements/ordinances.

2.5 REPORTING:

A. The PROPOSERS shall submit monthly reports to the AUTHORITY’s representative. Each monthly report shall contain, at a minimum, the following information:

1. Contractor’s name

2. Contract Number

3. Daily and cumulative weight of incoming Biomass Waste delivered to each facility.

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4. Daily and cumulative weight and/or volume (when weight unavailable) of outgoing, size-reduced material.

5. Location(s) where outbound, size-reduced materials are being beneficially used/recycled, including:

a. Site Owner’s information;

b. Site address;

c. Site GPS location;

d. Daily and cumulative weight and/or volume delivered to each site, including number of loads.

B. Upon request, the AUTHORITY will provide tonnage information of the incoming Biomass Waste delivered from each of the AUTHORITY’s facilities to the PROPOSER’s facility. The AUTHORITY’s scales shall be the basis for payment.

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PROPOSAL SUBMISSION REQUIREMENTS

3.1 PROPOSAL SUBMISSION REQUIREMENTS AND FORMAT:

A. The AUTHORITY uses Bonfire, a 100% digital method of accessing and responding to solicitations.

Therefore, PROPOSERS must submit their proposals via Bonfire. The AUTHORITY must receive all Proposals no later than 2:00 P.M., Eastern Time on the date established in the Procurement Schedule.

The complete Proposal package shall be submitted through Bonfire. Should the PROPOSER have any issues with any interaction with the e-Procurement system, PROPOSER is encouraged to contact the Bonfire support desk for assistance: https://vendorsupport.gobonfire.com/hc/en-us.

B. Marketing brochures or any other information not pertaining to this RFP shall not be included in the

Proposal.

C. Proposals shall demonstrate that the PROPOSER is qualified to perform the Scope of Work based upon relevant professional experience.

3.2 CONTENT:

The PROPOSER shall provide the appropriate information in accordance with the content requirements set forth in the following subsections. To allow the Evaluation Committee to more effectively review the Proposals, PROPOSERS shall provide all requested information in the order and in the format requested below.

3.2.1 Title Page

The Title Page shall include the RFP Title and Number. The page shall indicate clearly the name of the PROPOSER submitting the Proposal and the name, address, phone number, fax number and e-mail address of the PROPOSER’S designated contact person. The PROPOSER’S designated contact person is the individual who shall be the main point of contact for the AUTHORITY to communicate with regarding this procurement.

3.2.2 Table of Contents

3.2.3 General Information

PROPOSER shall provide completed forms as follows:

3.2.3.1 Transmittal Letter

PROPOSER shall submit a completed Transmittal Letter acknowledging, among other things, that the PROPOSER has completely reviewed, understands, and agrees to be bound by the requirements of this RFP. The Proposal Transmittal Letter shall be signed by a representative of the PROPOSER who is empowered to sign it and to commit the PROPOSER to the obligations contained in the Proposal.

3.2.3.2 Price Proposal

A. The PROPOSER shall submit a completed Price Proposal Form. No minimum or maximum amount of work is being promised. The AUTHORITY reserves the right to to add and/or remove service and increase or decrease the total quantities throughout https://us-west-2.protection.sophos.com/?d=gobonfire.com&u=aHR0cHM6Ly92ZW5kb3JzdXBwb3J0LmdvYm9uZmlyZS5jb20vaGMvZW4tdXM=&i=NTg3YTc0ODAzZDI0NDMxMDViNjJhNmUy&t=a3FjcDVVMnZjU1pCeEpac1FwOXhEM0dSNWZFaXRHZDJ0WTZBTU9WTjdPaz0=&h=3c060e5c6e9e43dba319fbaaf1da5ed2&s=AVNPUEhUT0NFTkNSWVBUSVZrq9rN1LlXd7E_1X4j6D__3Rx-7DFbU4qw2pJztLUqbw

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B. The AUTHORITY may request explanations for any out-of-balance pricing, explanations for any pricing it deems too low or too high, and to negotiate a best and final price with the best ranked PROPOSER(S). In addition, the AUTHORITY reserves the right to request additional pricing, negotiated by hourly rate, lump sum or not-to-exceed amount to perform services.

3.2.3.3 Small Business Enterprise (SBE) Subcontractor/Supplier Commitment Form

PROPOSER shall provide a completed Small Business Enterprise (SBE) Subcontractor/Supplier Commitment Form.

3.2.3.4 Small Business Enterprise (SBE) Subcontractor/Supplier Participation Schedule

PROPOSER shall provide a completed Participation of SBE Firms.

3.2.3.5 Statement of Intent to Perform as a SBE Subcontractor/Supplier PROPOSER shall provide a completed Statement of Intent to Perform as an SBE Subcontractor/Supplier.

3.2.3.6 Subcontracting Goal – Waiver Request

PROPOSER shall provide a completed Subcontracting Goal – Waiver Request, if applicable.

3.2.3.7 Good Faith Effort Documentation Form

PROPOSER is encouraged to submit Good Faith Effort Documentation, if applicable, to document Good Faith Efforts to achieve a Waiver Request when submitting the Subcontracting Goal – Waiver Request.

3.2.3.8 Certification of Business Location

PROPOSER shall provide a completed Certification of Business Location.

3.2.3.9 PROPOSER’S Qualification Statement

PROPOSER shall provide a completed Proposer’s Qualification Statement.

3.2.3.10 Vendor Acknowledgement Form

PROPOSER shall provide a completed Vendor Acknowledgement Form.

3.2.4 Minimum Requirements

The PROPOSER shall substantiate in its submittal that it meets or exceeds the following minimum requirements. Failure to do so may be cause for disqualification of its submittal:

A. PROPOSER must be engaged in providing the services as outlined in this RFP.

B. PROPOSER must have a demonstrated comprehensive understanding of the services described in this RFP. Understanding and previous experience are essential criteria in the qualifying process.

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C. The PROPOSER’S personnel and management to be utilized for the services described in this RFP shall be knowledgeable in their areas of expertise. The AUTHORITY reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract.

D. The PROPOSER shall have use of a one or more facilities/sites large enough to receive a minimum of eight (8) 100 cubic yard, 18-wheeled tractor trailer loads every day, Monday’s through Saturday’s. All facilities/sites to be utilized by the PROPOSER to receive, handle and process the Biomass Waste must be located within 20 miles of the AUTHORITY’S renewable energy facility located at 6651 N. Jog Road, West Palm Beach, Florida 33412 – See

ATTACHMENT D.

E. The PROPOSER’S facilities/sites shall be capable of receiving and affording the ability for each tractor trailer load to begin offloading of their trailer contents within fifteen (15) minutes after entering the PROPOSER’S site(s).

F. The PROPOSER shall provide evidence of current levels of insurance as stipulated in the Insurance

Requirements Checklist of the Sample Agreement – ATTACHMENT A.

3.2.5 PROPOSER Experience and Qualifications

PROPOSER shall submit the following:

A. Details on the qualifications of the firm(s) and individuals who will perform work. Qualifications for any/all sub-contractor(s) should also be included in this section;

B. Multiple firms, joint venture or any/all subcontractor(s) teams, if applicable, and their roles, responsibilities and office location of the proposed project personnel;

C. Team, project management structure, number of employees, current and anticipated workloads;

D. Detailed documentation of the last five (5) years of operating history of the PROPOSER’s experience accepting and managing Biomass Waste Processing/Recycling Operations to include:

1) Experience of firm, individuals and any/all sub-contractor(s) in managing the Biomass Waste Processing.

2) Number of years in business under the current name, annual quantity of Biomass Waste handled (show monthly summaries).

E. Detailed overview of PROPOSER’s experience in the beneficial use/recycling of size-reduced materials.

F. Details on the compliance with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, standards and permits for accepting and processing Biomass Waste and disposition of the processed materials. This may include providing examples of where your company has conducted business of a similar scope and size in accordance with permits or other regulatory requirements.

G. References: List a minimum of three (3) current and/or former clients (name, contact persons, telephone number and email address) for similar projects only, who can attest to the firm’s knowledge, quality of work, timeliness, diligence and flexibility. NOTE: Contact

- 17 -persons must be informed by the PROPOSER that they are being used as reference and that the AUTHORITY will be contacting them for information.