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Montgomery County Government

Request for Proposals (RFP) #1195755 for Municipal Solid Waste Sorting and Recovery

Department of Environmental Protection

RFP #1195755

NOTICE OF SOLICITATION

RFP #1195755, Municipal Solid Waste Sorting and Recovery

RFP SUMMARY Montgomery County, Maryland is soliciting proposals for the provision of one Contractor to design, construct, operate, and maintain a system for the processing and sorting of Municipal Solid Waste (MSW) as outlined in this RFP.

The County intends to enter into one Contract with one Contractor via a Public-Private Partnership to design, construct, operate, and maintain a system for the processing and sorting of Municipal Solid Waste (MSW). The system will extract recyclable materials and organics from MSW into separate streams for recycling and composting or other organics recycling. The Contractor will be responsible for coordinating with the County’s Disposal Contractor for management of the residual material. The Contractor will also be responsible for ensuring that its diversion activities operate safely, efficiently, and in coordination with existing Transfer Station operations.

RFP ISSUE DATE 7/14/2026

PROPOSAL DUE

DATE

Proposals are due on 9/14/2026 no later than 3:00PM EST

RFP TYPE Services Contract Construction Contract Goods Contract

☒ Yes ☐ No ☒ Yes ☐ No ☐ Yes ☒ No

Professional Services

WAGE LAW

APPLICABILITY

Services Contract (Wage Requirements Law)

Construction Contract (Prevailing Wage Law)

Goods Contract

☒ Yes ☐ No ☒ Yes ☐ No Not applicable

PRE-SUBMISSION

CONFERENCE

A pre-submission conference will be held on 8/4/2026 at 10:00AM EST. It is highly recommended that all proposers attend.

https://teams.microsoft.com/meet/23692081498558?p=2bIoiXYFnHOcjtuKp7

There will be an on-site tour of the Transfer Station on August 14, 2026, at 1:00 P.M. The meeting location will be 16101 Frederick Road, Derwood, MD 20855. The Transfer Station site is a working facility with moving heavy machinery and uncontrolled site conditions are possible. Site safety is strictly adhered to; therefore, visitors are expected to adhere to site safety requirements, this includes visitors’ attire must be appropriate for the site conditions.

The following will not be permitted to be worn for the site tour: open-toed or open-heeled footwear of any kind or shorts. Visitors are advised to wear appropriate footwear such as safety-toed shoes/boots or sneakers, and long pants, and to wear outerwear such as jackets with hoods based on expected weather conditions.

RFP QUESTIONS Technical Questions Contact Department of Environmental Protection Contracts Team via email at DEP.Procurements@montgomery countymd.gov.

Procurement Questions Contact Erik Haugen via email at Erik.Haugen@montgomery countymd.gov.

RFP QUESTIONS DUE

DATE

8/21/2026 close of business

PERFORMANCE

BOND

☒ YES

Refer to Section 8 (8.1 and 8.2) for details.

☒ NO

PROPOSAL

SUBMISSION

PROCESS

Prospective offerors must submit their proposals electronically via BidNet Direct.

https://teams.microsoft.com/meet/23692081498558?p=2bIoiXYFnHOcjtuKp7 mailto:DEP.Procurements@montgomery%20countymd.gov mailto:DEP.Procurements@montgomery%20countymd.gov mailto:Erik.Haugen@montgomery%20countymd.gov mailto:Erik.Haugen@montgomery%20countymd.gov https://www.bidnetdirect.com/maryland/montgomerycounty https://teams.microsoft.com/meet/23692081498558?p=2bioixyfnhocjtukp7

TABLE OF CONTENTS

Page

NOTICE OF SOLICITATION

TABLE OF CONTENTS

SECTION 1. INTENT

SECTION 2. SCOPE OF WORK

SECTION 3. SUBMISSION INSTRUCTIONS

SECTION 4. EVALUATION CRITERIA AND METHOD OF AWARD

SECTION 5. PERFORMANCE PERIOD

SECTION 6. COMPENSATION AND PRICE ADJUSTMENTS

SECTION 7. CONTRACT ADMINISTRATOR

SECTION 8. SPECIAL TERMS AND CONDITIONS

SECTION 9. ETHICS

SECTION 10. INSTRUCTIONS, CONDITIONS AND NOTICES

ATTACHMENTS:

ATTACHMENT A. MONTGOMERY COUNTY, MARYLAND GENERAL TERMS AND CONDITIONS OF

CONTRACT

ATTACHMENT B. ACKNOWLEDGEMENT PAGE

ATTACHMENT C. REFERENCES

ATTACHMENT D. COST AND PRICE REQUIREMENTS

ATTACHMENT E. FEE SCHEDULE/PRICING SHEET

ATTACHMENT F. MANDATORY INSURANCE REQUIREMENTS

ATTACHMENT G. PERFORMANCE AND PAYMENT BONDS

ATTACHMENT H. WEB-LINKS FOR DOCUMENTS AND FORMS

ATTACHMENT I, PREVAILING WAGE

ATTACHMENT J, LIST OF APPENDICIES

SECTION 1. INTENT

1.1. Background

1.1.1. Incumbent Contractor: There is no incumbent contractor or County staff performing the specific request for the services contained herein.

1.1.2. Budget: The County does not disclose budget information for Best Value procurements.

1.1.3. Solicitation Timeline: The County anticipates this solicitation will be open for 60 days. The last day for questions is noted on page 1.

1.1.4. Solicitation Amendments for Questions and Answers: Please read the solicitation carefully. The County will only address material changes via amendment.

Questions deemed non-material will be answered to the Offeror who asked the question but will not be addressed by amendment. Attending the pre-solicitation meeting and site tour is HIGHLY recommended.

1.1.5. Montgomery County, Maryland (“County”) seeks to minimize the quantity of municipal solid waste (MSW) requiring disposal to support its zero waste, climate, and circular economy goals. As one element of this, the County is considering additional technologies and processes that can sort MSW to extract recyclable materials and organics for recovery through recycling and diversion. Residual material that cannot be recovered will be properly disposed under a separate contract. In addition to this new MSW sorting and recycling process (hereinafter “processing system”), the County will continue to operate and improve its programs for recycling of source-separated material (including organics), as well as waste reduction and reuse, with the overall goal of minimizing the quantity and impact of MSW requiring disposal.

1.2. RFP Goals

1.2.1. The County intends to enter into one Contract with one Contractor to design, construct, operate, and maintain a system for the processing and sorting of MSW.

The system will extract recyclable materials and organics from MSW into separate streams for recycling and composting or other organics recycling. The Contractor will be responsible for coordinating with the County’s Disposal Contractor for management of the residual material. The Contractor will also be responsible for ensuring that its diversion activities operate safely, efficiently, and in coordination with existing Transfer Station operations.

1.2.2. Public-Private Partnership Structure

1.2.3. The County intends to use a public-private partnership structure for the Contract awarded under this RFP.

1.2.4. In the public-private partnership structure, the Contractor will be responsible for:

1.2.4.1. Designing the processing system;

1.2.4.2. Financing the design and construction of the processing system and incurring all costs during the design and construction phases;

1.2.4.3. Constructing the processing system, including providing all required equipment;

1.2.4.4. Operating the processing system in accordance with performance standards established in the Contract; and

1.2.4.5. Marketing commodities extracted from MSW by the processing system.

1.2.5. In the public-private partnership structure, the County will be responsible for:

1.2.5.1. Providing the use of certain locations at the Transfer Station to construct the processing system (as outlined in Section 2.2.5 ).

1.2.5.2. Paying the Contractor a fee for each ton of MSW delivered to the processing system during operation of the processing system; and

1.2.5.3. Facilitating coordination between the Contractor and other contractors of the County operating at the Transfer Station site.

1.2.6. The County will not incur or pay expenses of the Contractor or its subcontractor(s) during the design and construction phase. The County will be responsible for paying the per-ton fee during the operation phase, which will begin upon the successful completion of the County’s pre-commissioning final inspection of the processing system, as described in Section 2.2.10.3 . If the Contract is terminated due to default of the Contractor or for convenience prior to the state of the operations phase, the County will not be responsible for payment of any costs under the Contract. The County will not guarantee a minimum tonnage.

1.2.7. As part of the public-private partnership structure, an Offeror may propose and the County may accept and incorporate into the Contract a system of revenue sharing between the Contractor and the County for commodities extracted using the processing system and sold by the Contractor.

SECTION 2. SCOPE OF WORK

2.1. General Information – Current Operations

2.1.1. MSW is currently received at the Shady Grove Processing Facility and Transfer Station (Transfer Station) and transferred off site for disposal.

2.1.2. Currently, MSW received at the Transfer Station is transported by rail to the County’s Resource Recovery Facility in Dickerson. The County is in the process of transitioning its MSW disposal destination from the Resource Recovery Facility to a to-be-determined off-site landfill(s). The County issued an RFP #1184252 in September 2025 for operation of the Transfer Station and transportation and disposal of MSW. If a contract is awarded under RFP #1184252, it is anticipated that a new Transfer Station and disposal contractor (hereinafter “Disposal Contractor”) will begin operations during CY 2026.

2.1.3. Under this RFP, the County is seeking a contractor to design, construct, and operate a processing system that would sort and recover recyclables and organics from MSW, prior to disposal of the residual. The Contractor under this RFP would be responsible for design, construction, and operation of the processing system, while the Disposal Contractor would continue to operate the Transfer Station and handle the transport and disposal of residual MSW to a landfill. The Contractor under this RFP would be expected to work closely with the Disposal Contractor and other County contractors to ensure efficient, well-coordinated management of MSW.

2.1.4. More detailed information about the Transfer Station and its current operations is included in:

2.1.4.1. Appendix A, which includes Transfer Station site plans,

2.1.4.2. Appendix B, which includes Transfer Station plans and as-built drawings,

2.1.4.3. Appendix C, which includes a Materials Recovery Facility site plan,

2.1.4.4. Appendix D, which includes a copy of the Refuse Disposal Permit for the Transfer Station; and

2.1.4.5. Appendix E, which includes the Transfer Station operations plan as of the issuance of this RFP.

2.1.5. Recent waste tonnages are provided for informational purposes and the Contractor will be required to process all MSW that arrives at the Transfer Station tipping floor.

The County does not intend to change its current practice of accepting only MSW generated within the County.

2.1.6. Waste Tonnage Description

2.1.6.1. See Table 1 for the total MSW tons received over the prior five (5) years at the Transfer Station tipping floor from 2020 – 2024. (Note the transfer station also receives construction and demolition waste, not included in the MSW tons in Table 1, that will not be processed through the processing system).

2.1.6.2. Peak MSW volumes can exceed 3,000 tons per day.

Table 1: Total MSW Tons Received at Transfer Station Tipping Floor

CY MSW Residential MSW Commercial MSW Total

2020 --- --- 479,474

2021 210,791 257,706 468,497

2022 197,838 299,282 497,120

2023 190,642 304,517 495,157

2024 197,756 292,171 489,927

Note 1: Data presented in tons per year (TPY).

Note 2: Montgomery County Annual Solid Waste Tonnage Reports 2020-2024

Note 1: Data presented in tons per year (TPY).

Note 2: Montgomery County Annual Solid Waste Tonnage Reports 2020-2024

2.1.6.3. The County conducts regular waste composition studies. The current waste composition study data is shown in Appendix F.

2.2. Design and Construction of Processing System

2.2.1. The Contractor must design and construct a system capable of extracting recyclables and compostable organics entrained within the current stream of MSW being delivered to the Transfer Station tipping floor.

2.2.2. The processing system must be designed and constructed in a manner that allows it to:

2.2.2.1. Separate and recover recyclable materials and organics in accordance with performance standards as described under Section 2.3 ; and

2.2.2.2. Process up to the anticipated total quantity of unsorted MSW delivered to the Transfer Station tipping floor on a daily basis.

2.2.3. Target materials to be separated and recovered may include metals, cardboard, paper, plastics, glass, food scraps, and other commodities.

2.2.4. The Contractor will be responsible for providing and installing all sorting equipment necessary for the system, which must be durable, proven, and reliable.

2.2.5. Location and Layout.

2.2.5.1. The Offeror must include in its proposal the intended location and layout of the processing system. The County will consider proposals that include location of the processing system in one of three specified areas of the Transfer Station, or at an off-site location. The County is open to any of the options listed below and will work cooperatively with the selected Contractor to implement the most advantageous proposal that demonstrates feasibility and continuity of operations, regardless of location. Specifically, the proposed location may be one of the following:

2.2.5.1.1. Within the existing Transfer Station tipping building, provided the Offeror can satisfactorily demonstrate that the proposed processing system could be constructed and located within the current building without disrupting existing transfer station operations of the Disposal Contractor.

2.2.5.1.2. Within an expansion of the Transfer Station tipping building that is constructed adjacent to the existing tipping building and extends into the current grinding lot, as depicted in Appendix A.

2.2.5.2. Within the existing Materials Recovery Facility (MRF) located at the Transfer Station site, as depicted in Appendices A and B; or

2.2.5.3. At an off-site location proposed by the Offeror, subject to the additional requirements in Section 2.2.8 .

2.2.6. Location of the Processing System within the Transfer Station Tipping Building.

2.2.6.1. If the Contractor locates the processing system within the existing Transfer Station tipping building, it must design and construct the system in coordination and consultation with the Disposal Contractor and the County to retain sufficient space and layout that allows for efficient, safe, uninterrupted operations of incoming MSW unloading and residual MSW loading, transfer, and transportation.

2.2.6.2. The Contractor shall be responsible for the design and construction of any necessary changes to the Transfer Station building to accommodate the processing system. The County will cooperate with and provide feedback to the Contractor during the design and construction process.

2.2.7. Location of the Processing System at the MRF.

2.2.7.1. If an Offeror proposes to locate the processing system within the existing MRF building, it must include in the proposal how incoming MSW will be received at the processing system.

2.2.7.2. The Contractor shall be responsible for the design and construction of any necessary changes to the MRF building or related infrastructure to accommodate the processing system. The County will cooperate with and provide feedback to the Contractor during the design and construction process.

2.2.7.3. The Contractor shall ensure that construction activities allow for uninterrupted operations of other Transfer Station activities, including the paper and cardboard recycling facility.

2.2.7.4. The County may relocate the processing of commingled recyclables that currently occurs at the MRF to another Materials Recovery Facility, at its own expense, to accommodate the location of the processing facility within the County’s MRF building.

2.2.8. Location of the Processing System at an Off-site Location.

2.2.8.1. If an Offeror proposes to locate the processing system at an off-site location, it shall include in its proposal a detailed description of the proposed location, its size, and the proposed configuration of the processing system within the site.

2.2.8.2. An Offeror shall demonstrate in its proposal that the Offeror has the ability to secure ownership or a long-term lease of the off-site location for operation of the processing system for at least the entire duration of the Contract.

2.2.8.3. An Offeror shall include in its proposal a description of how MSW will be received at the processing system and how residuals and recycled commodities will be transported off site for disposal, marketing, or further processing.

2.2.8.4. If the Contractor locates the processing system at an off-site location, it will be responsible for the design, construction, and maintenance of the processing system, including any construction and maintenance of buildings and related infrastructure.

2.2.8.5. Please include a description of how the Offeror will manage temporary challenges, contingencies and transitions as it relates to outages and ramp up of the new facility.

2.2.9. Permitting and Regulatory Compliance.

2.2.9.1. The Contractor is responsible for ensuring that processing system design and construction complies with all applicable regulatory requirements. The Contractor, in collaboration with the County and long-haul provider must prepare all permitting documentation as required by applicable law for all equipment and processes included in the processing system.

2.2.10. Design and Construction Phases, Consultation, and Deliverables.

2.2.10.1. The Offeror must include in its proposal a detailed schedule for the design, construction, and commissioning phases for the processing system.

2.2.10.2. The schedule must include milestones during the design process, during which the County will have the opportunity to review and approve the processing system design prior to continuation to the next milestone, including a step for final review and approval of the design before the Contractor initiates construction.

2.2.10.3. The schedule must include milestones during the construction process, including the opportunity for the County to conduct a final inspection of the completed construction prior to commissioning.

2.3. Operation of the Processing System

2.3.1. The Contractor must operate the processing system to recover recyclable materials and compostable organics from MSW. The Contractor is responsible for receiving MSW in the processing system, operating and maintaining all processing system equipment, monitoring the processing system to ensure performance standards are met, and managing the storing, staging, loading, and transportation of recyclable materials and organics from the site. The Contractor is also responsible for coordinating with the County’s Disposal Contractor and other contractors for the management of residual waste resulting from the processing system.

2.3.2. The Contractor must accept all MSW received at the Transfer Station tipping floor and delivered to the processing system.

2.3.3. Performance Standards

2.3.3.1. Materials to be Recovered.

2.3.3.1.1. The most recent waste composition study reflecting the composition of MSW delivered to the Transfer Station is located in Appendix F.

2.3.3.1.2. The Offeror must include in its proposal the materials that will be targeted for separation from MSW for recycling.

2.3.3.1.3. Target materials may include, but are not limited to: metals, cardboard, paper, plastics, glass, organics and other commodities.

2.3.3.2. Diversion Rate.

2.3.3.2.1. The Offeror must include in its proposal a minimum diversion rate that will be achieved by the processing system. The County will give consideration and preference to proposals that have the highest diversion rate, whether immediately or over time.

2.3.3.2.2. The minimum diversion rate will be calculated as the percentage of MSW received at the processing system that is extracted from MSW and recycled, composted, or anaerobically digested.

2.3.3.2.3. The minimum diversion rate will be included in the Contract as a performance obligation of the Contractor and the Contractor is responsible for continuous monitoring and documentation of the actual diversion rate and periodic reporting as described in Section 2.5.2 .

2.3.3.3. Quality and Monetization of Recyclables and Compostable Organics.

2.3.3.3.1. The Contractor must develop and implement a plan to ensure that materials recovered for recycling, composting, or anaerobic digestion through the processing facility are of sufficient quality to allow for successful marketing and monetization.

2.3.3.3.2. The Offeror must, in its proposal, specify whether and how material streams will be further processed to produce a marketable product, balancing processing cost with material value to maximize the net value of products produced from the processing system. If the selected Contractor proposes that recyclables separated by the processing system be further sorted in the County’s MRF, the County and the Contractor would negotiate and specify in the Contract a process for separately processing recyclables from the processing system in the County’s MRF and marketing recyclables from the processing system.

2.3.3.3.3. The Offeror should create a standard matrix that depicts minimum capture, diversion, beneficial use cases, and market rates from start-up to fully ramped baseline estimates.

2.3.3.3.4. This document should ensure clarity around historical performance and associated design that support these diversion claims. Please include reference facility and performance standards/achievements as well as, where possible, such items as Quality Control measures and contamination management plans.

2.3.4. Personnel.

2.3.4.1. The Contractor must assign and maintain qualified Key Personnel to manage operations and must provide, and keep current with the Contract Administrator, the name, email address, and cell phone number of each Key Personnel. Key Personnel and changes thereto are subject to the approval of the Contract Administrator.

2.3.4.2. The Contractor’s Representative must be available daily to ensure the day-to-day coordination of activities. The Contractor must have a responsible person in charge during operations hours who must be available during normal business hours, 7:00 a.m. to 5:00 p.m. Monday through Friday, and at all other times that service is being provided, including holiday and weather-related “slides.”

2.3.4.3. The Contractor’s employees must wear all required and appropriate personal protective equipment and clothing, when performing the service.

2.3.4.4. Drivers must carry their valid state-certified Commercial Driver’s License (CDL), valid proof of insurance for the type of vehicle that they are driving, and their valid DOT medical card at all times while on site. This does not apply to non-CDL vehicles.

2.3.4.5. The Contractor must provide operating and safety training for all personnel and sub-contractors a minimum of four times each year. The Contractor must notify the Contract Administrator two weeks prior to a scheduled safety training so that a County representative may attend. The facility manager/operations manager, maintenance manager, and field supervisor(s) must be fully trained to perform their duties. Newly hired employees must receive comprehensive operational and safety training prior to assuming duties. All personnel must be fully trained in the rules and procedures under this Contract.

2.3.5. Maintenance of Facility and Equipment.

2.3.5.1. The Contractor must ensure the neat and orderly appearance of the processing system and surrounding areas at all times, including clean-up of waste which is spilled or blown during the process, and must maintain and operate its equipment so as to prevent the facility from becoming unsightly or a nuisance. Except for uncontrollable circumstances or situations beyond the Contractor’s reasonable control, the Contractor must not leave unprocessed waste on the tipping floor or surrounding areas of the transfer station at the end of each working day.

2.3.5.2. The Contractor must perform preventative and routine maintenance of the processing system, including all associated equipment, at its sole expense.

Equipment must be kept in a manner that ensures peak operating conditions and minimal down time. The Contractor's maintenance activities must be conducted in a manner so as not to cause any material adverse effect on Transfer Station operations.

2.3.5.3. The Contractor must provide temporary replacement equipment as needed for Contractor-supplied equipment. In the case of a breakdown of a major piece of Contractor-supplied equipment critical to operation, the Contractor must provide backup within 48 hours.

2.3.5.4. The Contractor must generate and submit for County approval an Operations and Maintenance (O&M) Plan prior to the first day of operations.

2.3.5.5. A copy of the Operations and Maintenance Plan must be kept on site at the TS at all times. An electronic copy of the Plan will also be kept on a County approved SharePoint location.

2.3.5.6. The Contractor is liable for any damages outside of ordinary wear and tear it causes to the interior or exterior of the Transfer Station building or Materials Recovery Facility building (depending on where the processing facility is located).

2.3.5.7. If the Contractor fails to maintain the processing system as required under this Contract or any other applicable federal, state, or local regulations, then upon 48 hours prior notice to the Contractor, the County may take required corrective measures and may recover its costs from the Contractor as a deduction from amounts owed to the Contractor.

2.3.6. The Contractor must allow the County to inspect and copy all Contract-related records, papers, letters, or other documents, during normal business hours.

2.3.7. The Contract Administrator or other County representative may serve, and the Contractor must accept, any notice or complaint to or against the Contractor by delivering the same to the Contractor’s local office by telephone, email, or in person, or by mailing the same by regular first-class mail addressed to the Contractor at its local office.

2.3.8. The Contractor is responsible for operating the processing system in compliance with all federal, state, and local laws and regulations. The Contractor must obtain and maintain, or cause to be obtained and maintained, all permits and licenses required by applicable law to perform its obligations hereunder, provided that the Contractor will not breach its obligations under this Section if (i) the Contractor is contesting the

Applicable Law in good faith by appropriate proceedings conducted with due diligence and the applicable law allows continued operation of the Facilities pending resolution of the contest or (ii) the Contractor is diligently seeking to comply with such applicable law or to obtain or maintain any such permit or license and applicable law allows continued operation of the Facilities. Payment of penalties or fines assessed by the Maryland Department of the Environment (“MDE”) or other regulatory agency or body, for Contractor operations not in compliance with Federal, State, or local laws, permits or requirements, is the sole responsibility of the Contractor.

2.3.9. The Contractor must maximize efforts to minimize odors associated with solid waste and must respond promptly to all odor complaints.

2.3.10. The Contractor must maximize efforts to minimize noise from processing system equipment by maintaining such equipment properly and complying with all federal, state and local laws, regulations, rules, ordinances, and orders concerning noise control.

2.3.11. Protection of buildings, structures, equipment, and the site from fires must be accomplished through cooperative efforts of the County, the Contractor, and the County’s disposal contractor through coordination of qualified fire prevention programs, including but not limited to programs intended to address battery fires.

The Contractor must provide fire safety procedure training for its employees. The Contractor must provide and inspect fire extinguishers, inclusive of their mounting brackets, within the processing system area, and must also provide and inspect fire extinguishers, inclusive of their mounting brackets, for all its equipment and vehicles and ensure their operability.

2.3.12. The Contractor must maintain and repair all Contractor-supplied equipment and fire suppression systems on equipment that it uses to perform services under the Contract.

2.3.13. When required, the Contractor must meet with the County.

2.3.14. Services requested under the resulting Contract must begin on a date mutually agreed upon by both Parties (Operations Date).

2.3.15. Unless agreed otherwise by the Contractor and the County prior to Contract expiration, the Contractor must remove all Contractor-owned equipment from the Transfer Station and MRF building at the end of the Contract.

2.3.16. The Contractor is responsible for utility costs to operate the processing system, including electricity and water.

2.3.17. Marketing of Commodities.

2.3.17.1. The Contractor is responsible for identifying and maintaining markets for all materials recovered from MSW (including recyclable commodities and organics) and ensuring all recovered materials are directed to approved recycling markets in compliance with applicable federal, state, and local laws.

2.3.17.2. The Contractor is responsible for the baling, storage, staging, loading, and transportation of recovered materials to markets.

2.3.17.3. The Contractor is responsible for the continuous monitoring and documentation of materials markets and reporting to the County on the quantity and type of materials delivered to markets and recycled.

2.3.18. Organics Recycling.

2.3.18.1. As part of its processing system, the Contractor must design and implement systems to divert organic materials extracted from MSW by the processing system (yard trim, food scraps, and non-recyclable paper) from disposal.

2.3.18.2. Acceptable diversion strategies include, but are not limited to:

2.3.18.2.1. Composting (e.g., aerated static pile, in-vessel, or windrow systems),

2.3.18.2.2. Anaerobic digestion to produce biogas and digestate for soil enhancement,

2.3.18.2.3. Hybrid or phased systems combining composting and anaerobic digestion processing.

2.3.18.3. The Contractor must:

2.3.18.3.1. Identify and provide for necessary processing capacity, equipment, and infrastructure,

2.3.18.3.2. Ensure compliance with permitting requirements,

2.3.18.3.3. Establish product end-markets for compost or digestate materials;

and

2.3.18.3.4. Provide clear reporting on throughput and diversion performance.

2.3.18.4. The County encourages proposals that integrate organics diversion into broader material recovery strategies, leveraging co-location or regional processing facilities. An Offeror may propose a location for recycling organics sorted from MSW that is separate from the location of the processing system.

2.3.19. Public-Private Partnership Financial Structure.

2.3.19.1. The County intends to enter into a performance-based Public-Private

Partnership in which responsibilities, risks, and rewards are clearly defined and aligned with sustained diversion, environmental performance and operational continuity. The Offeror should provide details on performance criteria and proposed budget as well as financial security to determine their qualifications under this structure.

2.3.19.2. In this structure, the Contractor is responsible for the financing, design, construction, operation, and maintenance of the processing system, as well as the marketing and monetization of materials recovered from MSW.

2.3.19.3. If the Contractor locates the processing system at the Transfer Station, The County will provide the Contractor access to and use of a portion of the Transfer Station or the MRF building to construct and operate the processing system, under terms established in the Contract.

2.3.19.4. The Contractor will be compensated for services based on a processing fee per ton of MSW, as well as through a revenue-sharing arrangement for recovered and monetized commodities. The revenue sharing arrangement shall be proposed in the Offeror’s proposal and will be specified in the Contract.

2.4. Coordination with Transfer Station and Long-Haul Operations.

2.4.1.1. The Contractor must design and operate the processing system in a manner that prevents any disruption to the continuity of operations at the Transfer Station, such that the County has a continuously operating system of MSW management throughout the construction and operation of the processing system.

2.4.1.2. The Offeror must specify how its proposal will avoid adverse impacts on the operation of the Transfer Station, including MSW receipt and unloading, residual material loading and transportation, and all other activities that currently occur at the Transfer Station site.

2.4.1.3. The Contractor will be responsible for consulting and collaborating with the Disposal Contractor and the County to avoid adverse impacts to the Disposal Contractor’s ability to operate the Transfer Station tipping building and conduct long-haul operations. The County will work with both contractors to facilitate collaboration.

2.4.1.4. The Offeror must specify in its proposal how it will coordinate with the County’s contractors that operate the Transfer Station, including the Disposal Contractor, to avoid disruption and resolve any issues.

2.4.1.5. The Offeror may, upon mutual agreement between the Offeror and the Disposal Contractor, develop the proposal as a partnership between the Offeror and the Disposal Contractor.

2.4.1.6. The Offeror may not propose a processing system configuration or size that would render the Transfer Station building tipping floor unusable for waste acceptance, unloading, staging, transportation, and disposal.

2.4.2. Site Safety and Health

2.4.2.1. The County maintains an Environmental Health & Safety (EH&S) Plan for

County Employees at the Transfer Station.

2.4.2.2. The Contractor will be responsible for preparing and maintaining their own Health & Safety Plan that shall encompass all areas of the processing system where Contractor employees, subcontractors, or their agents may perform services.

2.4.2.3. The Contractor will prepare an initial Health and Safety Plan prior to contract execution and service commencement, with annual updates thereafter. The plan must follow general federal OSHA guidelines but also reflect Maryland’s specific occupational safety and health requirements, enforced through Maryland Occupational Safety and Health (MOSH), a division of the Maryland Department of Labor. MOSH regulations are codified in COMAR Title 09, which covers occupational safety and health. Relevant chapters include but are not limited to: 09.12.20: Occupational Safety and Health; 09.12.21:

Employee Injury and Illness Records and Reports; 09.12.25: MOSH Fall Protection in Steel Erection; 09.12.26: Crane Safety; 09.12.36: MOSH Standard for Field Sanitation. It shall be the Contractor’s responsibility to provide documentation that complies with the necessary sections to complete the Health and Safety Plan as well as to comply with all applicable operational, environmental, safety, health, and regulatory requirements for the services being provided by Contractor.

2.4.2.3.1. The Contractor must establish an accident prevention and safety policy which must be incorporated in the Health and Safety Plan.

The policy must emphasize the following goals:

2.4.2.3.1.1. To furnish a workplace free from recognized hazards, which, could cause death, injury, or illness.

2.4.2.3.1.2. To comply fully with Maryland Occupational Safety and Health (MOSH), a division of the Maryland Department of Labor, regarding employee safety and health.

2.4.2.3.1.3. To provide professional staff to support safety and health factors even if such factors compete with economic factors.

2.4.2.3.1.4. To hold each employee accountable for the safe

performance of their responsibilities and regularly measure their achievement in controlling accidents and losses.

2.4.2.3.1.5. To train employees in safety procedures and required compliance with safety regulations and procedures.

2.4.2.3.1.6. To develop and use better methods for reducing human and economic costs of accidents and other losses.

2.4.2.3.1.7. To continually inspect the site for and mitigate identified safety hazards.

2.4.2.3.1.8. To monitor progress towards a safer and healthier work environment basis.

2.4.3. Emergency Operations

2.4.3.1. In the event of inclement weather, a storm, natural, or man-made disaster occurring in the County, Contractor must perform all work as required by the Contract and the Contract Administrator.

2.4.3.2. The Contractor must be prepared to adjust the operations at the processing system as the County may suspend Collection Service due to inclement weather, natural or man-made disasters, or other emergencies. The County will make all reasonable efforts to make a decision in a timely manner and notify the Contractor of same. One day of suspended service will be subject to the “slide” schedule that is implemented for holidays and defined herein. If service is suspended for two days, the County contractors will resume service at the point of suspension and continue until all service for the week is complete. For more than two days of suspended service, the Contract Administrator will, based on weather and road conditions, determine the appropriate schedule to resume service including implementing a holiday “slide” schedule, develop an alternate schedule, or resume the normal schedule on Monday following the suspension.

2.4.3.3. In the event Contractor, through no fault of its own, is incapacitated by a hurricane, tornado, major storm, or other natural or man-made disaster, the Contract Administrator may, upon request, grant Contractor a variance from regular operations schedules. Variances will not be withheld unreasonably.

As soon as practicable after such natural disaster, Contractor must advise the Contract Administrator when it is anticipated normal schedules will be resumed.

2.5. Service Requirements

2.5.1. Operational and Site Safety Plans

2.5.1.1. The Contractor must prepare and submit the following operational and site safety plans to the County, which will encompass all operations under the scope of services and subsequent contract. The Contractor will update the plans within thirty calendar days when there are operational changes at the processing facility. At minimum, the Contractor must update the plans annually.

2.5.1.2. Processing System Operations and Maintenance Plan

2.5.1.2.1. Processing System Contingency Operations Plan.

2.5.1.2.2. Processing System Health and Safety Plan.

2.5.1.2.3. Reporting.

2.5.1.2.4. The Contractor will provide the Contract Administrator the following reports and information at the times indicated below.

2.5.2. Reporting

2.5.2.1. The Contractor will provide the Contract Administrator the following reports and information at the times indicated below.

2.5.2.2. Pre-Operations Date Documents

PRE-OPERATIONS DATE REPORTS

INFORMATION DELIVERY DATE

Operations and Maintenance Plan Prior to Operations Date

Health and Safety Plan Draft one month after Service Agreement Execution Date and final prior to Operations Date

Copies of Required Insurance and Performance and Payment Bonds

Must be maintained during the performance of the entire contract, without interruption

2.5.2.3. Periodic Reports During Operations

PERIODIC REPORTS DURING OPERATIONS

REPORT DELIVERY DATE

Daily Summary of Operations (load count, tonnage, destination, truck numbers, issues encountered, notable customer interactions)

7:30 AM on the next operating day.

PERIODIC REPORTS DURING OPERATIONS

REPORT DELIVERY DATE

Monthly Operations Report: tonnage of material processed, tonnage of residuals, recyclables, and organics, tonnage of commodities transferred off site and to which facilities, diversion rate achieved, down time of processing system, any maintenance actions taken, any operational issues encountered.

7:30 AM on the fifth operating day of the succeeding month.

Insurance Compliance report: Annual review of Job Safety Analysis (JSAs); summary of updates and certification of currency

January 31 of the new Calendar Year

Insurance Compliance report: Annual renewal of the Certificate of Insurance

Within five business days of the expiration of the current COI.

2.5.2.4. Periodic Reports During Operations

PERIODIC REPORTS DURING OPERATIONS

OTHER INFORMATION DELIVERY DATE

Copies of permits and permit renewals subsequent to the permits submitted as part of the proposal submittal.

Within five business days of receipt by or delivery to the Contractor.

Copies of all compliance reports and notices submitted to or received from authorities regulating the Facilities. Any notices of violation or potential violation at the Facilities.

Within five business days of receipt by or delivery to the Contractor.

Copies of all reports and notices submitted to or received from a host community pursuant to a host community agreement.

Copies of any amendments to any host community agreement for the Processing Facility.

Within five business days of receipt by or delivery to the Contractor.

Reports or notices of environmental violations of Applicable Law or citations related to violations of Applicable Law relating to the Facilities providing the Service.

Within five business days of receipt by or delivery to the Contractor.

Reports of lawsuits requesting declaratory, injunctive or other equitable relief and lawsuits in excess of $1,000,000 in which the Contractor, its parent Contractor, or affiliates is a party related to Facilities providing the Service. If the litigation

Within five business days of receipt by or delivery to the Contractor.

PERIODIC REPORTS DURING OPERATIONS

OTHER INFORMATION DELIVERY DATE

involves any issue relating to the environment, the dispute must be reported without regard to monetary amount.

Any material adverse change in the financial condition of the Contractor.

Within five business days of receipt by or delivery to the Contractor.

Notice of any proposed transfer of ownership, possession, or control of the Contractor, or Facilities must be given to the County. The notice must include identification of the transferee.

The later of sixty days prior to effective date of action or as soon as allowed by law.

2.5.3. Exclusions

2.5.3.1. The County will provide, at its sole cost, all necessary utilities for the operation of the Transfer Station including, without limitation, heating, cooling, electricity, water, sewer, and sanitary facilities. All utility charges incurred in the operation of the processing facility will be invoiced from the utilities directly to the Contractor and shall be timely paid directly by the County. The Contractor shall have no responsibility for any such utility charges, unless such charges reflect a repair or a burden as the result of the Contractor’s negligent act.

2.5.3.2. The County will maintain the scale facilities (including calibration of the Transfer Station scales), fire suppression system, the stormwater conveyance system, the back-up generator, the solar array and related yard areas at its sole cost and expense. The County's maintenance activities will not cause any material adverse effect on the operation of the Transfer Station by Contractor.

2.6. Performance Metrics and Contract Management

2.6.1. Described in sections above.

2.7. Contractor Qualifications

2.7.1. Contractor Mandatory Qualifications

2.7.1.1. The Contractor selected by the County to enter into this Contract with the County shall be deemed to be the most qualified to perform the services as defined in the Scope of Work. Qualifications and experience of key personnel and field supervisors: experience and competency must be demonstrated in resumes and by references.

2.7.2. Contractor Preferred Qualifications

2.7.2.1. NA

2.8. Contractor’s Responsibilities

2.8.1. The Contractor must maintain its business in "good standing" with the State of

Maryland Department of Assessments and Taxation Business Services, https://dat.maryland.gov/businesses/Pages/default.aspx, at all times during the performance of the Contract. See Section 10.1.8 .

2.8.2. The Contractor must maintain and update, as applicable, the Contractor's information in the County's Vendor Registration System (CVRS) at https://www.montgomerycountymd.gov/vendorregistration within 15 days of any changes. This includes any Automated Clearinghouse (ACH) changes for payment deposits that can only be updated through the CVRS system by the Contractor.

2.8.3. The Contractor must notify the County within 15 days of any changes in the company name (including "dba" changes), address, and/or Tax ID changes. The e-mail to submit this information is DEP.Procurements@montgomerycountymd.gov.

2.8.4. The Contractor must furnish a current Certificate of Insurance (COI) that complies with the requirements in Attachment C to this solicitation before execution of the Contract. The ACORD form, or equivalent, must be provided to the County for Risk Management review and approval. COI renewals must be submitted within 15 days of expiration to DEP.Procurements@montgomerycountymd.gov. If the Contractor's Certificate issuer permits, it is recommended that the Contractor add the DEP Procurements e-mail to a direct-distribute list so DEP will receive COI renewals directly from the broker.

2.8.5. Hard copy COIs are not required or requested.

2.9. County’s Responsibilities

2.9.1. County responsibilities are defined in the corresponding sections above.

2.10. Reports and Deliverables

2.10.1. Reports and deliverables are defined in the corresponding sections above.

SECTION 3. SUBMISSION INSTRUCTIONS

3.1. Proposal Submissions

3.1.1. Failure of an offeror to submit all required proposal submissions may render its proposal unacceptable as determined by the Director, Office of Procurement.

3.1.2. Offerors must electronically submit their proposal through BidNet Direct in the format detailed below. Proposals will be evaluated only on material that is submitted. The offeror must submit sufficient information to enable the Qualification Selection Committee (QSC) to evaluate the offeror’s capabilities and experience.

The Offeror is responsible for ensuring that the materials uploaded to BidNet Direct are properly formatted and not corrupted. Offerors should carefully check their submissions on BidNet Direct following upload to confirm that all documents were properly uploaded and legible. Offerors will not be allowed to submit or supplement any missing, corrupted, or illegible documents after the solicitation has closed.

Proposals must include the following information (including labeled sections numbered as shown):

3.1.2.1. Tab 1: A cover letter with a brief description of the firm, including the Offeror’s name, address, telephone number, and email address. Along with the following information.

3.1.2.1.1. A Certificate of Good Standing in the Offerors legal name from the Maryland State Department of Assessments and Taxation (SDAT) https://dat.maryland.gov/businesses/Pages/default.aspx https://www.montgomerycountymd.gov/vendorregistration mailto:DEP.Procurements@montgomerycountymd.gov mailto:DEP.Procurements@montgomerycountymd.gov https://www.bidnetdirect.com/maryland/montgomerycounty that is no more than 30-days old, or a screen print showing the business is good standing that is no more than 30-days old.

3.1.2.1.1.1. Out of state Offerors must provide a certificate of good standing, or equivalent, from their home state. Offerors should provide details on how they will be in good standing with the State of Maryland SDAT within 30 days of the Notice of Proposed Awardee posting.

3.1.2.1.1.2. The County will not award a contract if the

Proposed Awardee is not in good standing with the State of Maryland SDAT. If the Proposed Awardee is unable to be registered and in good standing within 30 days, the County, at its sole discretion, may rescind the Notice of Proposed Awardee and either move to the next qualified Offeror or cancel the solicitation.

3.1.2.1.2. The Offeror's County Vendor Registration System registration, including uploading the Federal Form W-9: Use address/link:

https://www.montgomerycountymd.gov/vendorregistration to register. Either a confirmation of registration e-mail or a printout of the registration is acceptable. Neither may be more than 30 days old.

3.1.2.1.3. A completed W-9 form with their proposal and marked confidential. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

3.1.2.1.4. The name on the Bid, the W-9 form, the CVRS registration, and the SDAT status must be the same true and legal firm name.

3.1.2.2. Tab 2: The completed Acknowledgment page of this solicitation, signed by a person authorized to bind the Offeror to the proposal.

3.1.2.3. Tab 3: At least three references that may be contacted to attest to the quality and timeliness of the Offeror’s work of similar nature and scope as that required by the County in this solicitation. (see Attachment A).

3.1.2.4. Tab 4: If this solicitation is subject to the Wage Requirements Law (see page 1), the Offeror must submit the appropriate Wage Requirements Law forms found at www.montgomerycountymd.gov/PRO/Resources/Files/SolForm/PMMD- 177.pdf. Failure to submit and complete the required material information on the form(s) may cause the Offeror’s proposal to be unacceptable under County law, and the proposal may be rejected.

3.1.2.5. Tab 4: Minority, Female, Disabled Persons Subcontractor Performance Plan http://www.montgomerycountymd.gov/ PRO/ Resources/ Files/ SolForm/PMMD-65.pdf. To ensure a contract can move forward as a result of this solicitation, this plan must be submitted with the Offeror’s proposal.