Atlantic County Utilities Authority, NJ

REQUEST FOR QUALIFICATION

2026-RFQ-30

DEVELOP SOLID WASTE CONVERSION FACILITY AT THE

ATLANTIC COUNTY UTILITIES AUTHORITY

RELEASE DATE: October 13, 2026

RESPONSE DEADLINE: December 9, 2026, 11:00 am

Please refer to the project timeline in this document for all important deadlines.

THE ATLANTIC COUNTY UTILITIES AUTHORITY IS RESPONSIBLE FOR ENHANCING THE QUALITY OF LIFE

THROUGH THE PROTECTION OF WATERS AND LANDS FROM POLLUTION BY PROVIDING RESPONSIBLE

WASTE MANAGEMENT SERVICES. THE AUTHORITY IS AN ENVIRONMENTAL LEADER AND WILL CONTINUE

TO USE NEW TECHNOLOGIES, INNOVATIONS AND EMPLOYEE IDEAS TO PROVIDE THE HIGHEST QUALITY

AND MOST COST EFFECTIVE ENVIRONMENTAL SERVICES.

Request For Qualification #2026-RFQ-30 Title: Develop Solid Waste Conversion Facility at the Atlantic County Utilities Authority

Table Of Contents

1. NOTICE TO VENDORS

2. PROJECT DESCRIPTION & SCOPE OF WORK

3. DEFINITIONS

4. GENERAL INFORMATION

5. MINIMUM QUALIFICATIONS & EVALUATION CRITERIA

6. INSTRUCTIONS TO RESPONDENTS AND ORGANIZATION OF SUBMITTAL

7. MANDATORY EQUAL OPPORTUNITY LANGUAGE

8. AMERICANS WITH DISABILITIES

9. NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

10. VENDOR RESPONSES

11. ATTACHMENTS AND EXHIBITS

Attachments:

A - Historical Tonnages Data

B - Waste Characterization Study 2024

C - Specification for SJG Interconnection

D - Sludge Composition Study

E - Transfer Station Floor Plan

F - Recycling Center Floor Plan

G - Enviro Park Overview

H - 2024-ACUA-Final-Audit-Report

1. NOTICE TO VENDORS

PLEASE TAKE NOTICE that the Atlantic County Utilities Authority (“ACUA”) will receive electronic

Qualification Statements pursuant to the McEnroe Act, N.J.S.A. 13:1E-153 et seq., for:

RFQ NO: 2026-RFQ-30

RFQ TITLE: Develop Solid Waste Conversion Facility at the Atlantic County Utilities Authority

RFQ Issued: October 13, 2026

Questions Due: November 5, 2026, 12:00pm

Proposals Due: December 9, 2026, 11:00am

ACUA is seeking qualified firms or project teams to finance, permit, design, construct, operate, and maintain a solid waste conversion facility at the Howard F. Haneman Environmental Park in Egg Harbor Township, New

Jersey. The proposed facility may process up to 1,000 tons per day of municipal solid waste and other eligible waste streams into energy or reusable resources under a Service Agreement of up to 25 years.

Respondents must demonstrate the technical, financial, and administrative capability to undertake the project, including experience developing and operating a municipal solid waste processing facility with a capacity of at least 100 tons per day and at least one year of satisfactory commercial operation.

RFQ documents are available at https://procurement.opengov.com/portal/acua. Late submissions will not be accepted.

Respondents are required to comply with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.

ATLANTIC COUNTY UTILITIES AUTHORITY

MATTHEW J. DENAFO, P.E., PRESIDENT

BY: OREN R. THOMAS, IV, CPM, MAS, QPA, PROCUREMENT AND CONTRACTS MANAGER

2. PROJECT DESCRIPTION & SCOPE OF WORK

2.1. Project Scope

The ACUA is seeking projects that can process up to 100% of the MSW received by the ACUA. The ACUA is also seeking technologies that can process some or all of the Type 13 (bulky) and Type 13C (Construction) Waste received on site. Extra consideration will be given to facilities that can process vegetative waste received as well as wastewater biosolids. For historical annual tonnage amounts by waste types see Attachments A. The project must include a form of waste conversion into energy and/or other reusable resources. The ACUA is seeking long-term waste conversion solutions, with a contract duration of up to 25 years. As stated in Section 2.4, all forms of conversion technology will be considered other than incineration or technologies that rely on land application.

The proposer selected pursuant to this procurement will be responsible for designing, permitting, financing, constructing, operating and maintaining the project in accordance with all applicable laws.

The solid waste conversion facility must be developed in compliance with all federal, state and local codes, permit requirements, and rules and regulations applicable to construction and operation of the type of solid waste facility selected. The New Jersey Administrative Code, Title 7, Chapter 26 (N.J.A.C. 7:26) governs processing and disposal of solid waste via the Solid Waste Facility Permit. In addition, specific facility features, such as air or water discharges, are regulated by the respective agencies within NJDEP.

2.2. Project Site

Existing Transfer Station operations use approximately half of the tipping floor for daily operations. The ACUA will allow the use of the Transfer Station as the potential site for the waste conversion project. Depending on the proposed technology, operation, and feedstock, the ACUA may require the continued use of portions of the

Transfer Station to process waste that will not be accepted by the project. The ACUA also has a Recycling Center which is currently used as a tipping floor and Transfer Station for recyclable materials. This building could potentially be available should a proposal include a material sorting facility that will be able to process both MSW and recyclable materials. Engineering floor plans of the Transfer Station and Recycling Center are included in

Attachments E & F.

If new construction is required, the ACUA has designated land surrounding the Transfer Station as potentially available for development of the project. See Attachment G for a map of the available property. The property currently designated for use by composting operations and recycling processing can be made available if the proposed conversion technology can accommodate the respective operation within its proposed process.

Odor control is a primary concern of the ACUA. Any proposed project shall make control of fugitive odors a priority. As a result, storage of feedstock for the facility, including, but not limited to MSW and biosolids, shall be limited by both existing permit requirements and the ability to maintain stringent odor controls. The existing permit will be made available upon request.

It is the ACUA’s desire to locate the project in or adjacent to the Transfer Station. Projects that are capable of processing biosolids will still be located at the ACUA’s solid waste facility, not at the wastewater facility.

2.3. Project Goals

The ACUA is seeking a qualified firm to develop a waste conversion project at the ACUA’s solid waste complex in Egg Harbor Twp., NJ. The ACUA reserves the right to use the information collected through this RFQ and subsequently through the RFP process to grant a site license and to execute a Service Agreement with, the Selected

Proposer in order to operate a waste conversion technology that has the potential to supplement, enhance, or replace the ACUA’s existing solid waste and wastewater residuals disposal systems. The ACUA may grant a site license and execute a Service Agreement to operate a facility on ACUA property to process up to 1,000 tons per day capacity for a period of up to 25 years. The Selected Proposer shall be responsible for financing, permitting, design, construction, operation, and maintenance of the facility.

It is ACUA’s intention to supplement, or largely replace, its existing solid waste landfill and wastewater incinerator with a waste conversion technology that is more efficient, sustainable, and environmentally benign.

2.4. Eligible Technologies

The ACUA is seeking technologies that will provide advanced sorting of incoming materials for beneficial reuse, including, but not limited to, traditional recycling, anaerobic digestion, pyrolysis, hydrothermal decomposition.

Systems should include the best available control technology (BACT) controls for regulating any air emissions associated with the process.

The ACUA will NOT consider technologies unless they include a robust material sorting process to separate the incoming waste into various material streams such as organics, paper/fibers, plastics, metals, etc. as a front-end measure to create various product streams for future processing.

Given that solid waste and wastewater systems act as the critical infrastructure it is ACUA’s goal to add resiliency to its facilities. Additional consideration will be given to projects with the ability to operate off the grid in self-sustaining island mode, or through backup generation systems.

The ACUA will not be giving consideration to traditional, or variations of, mass-burn incinerator technology. Likewise, the ACUA will not give consideration to the land application or landfilling of biosolids as an alternative technology.

3. DEFINITIONS

3.1. Procurement Specific Definitions

As used in this RFQ, the following terms shall have the meanings set forth below:

“Best Available Control Technologies” (“BACT”): The most preeminent technology available for reducing or controlling emissions.

“Biosolids”: The solid or semi-solid material obtained from treated wastewater.

“Contract Services”: The work to be performed by the Selected Proposer pursuant to the Agreement.

“County”: Atlantic County, New Jersey.

“Curbside Collection”: A recycling program where recyclable materials placed into a container separate from

MSW are collected from residents and businesses and transported to a designated recycling facility for processing.

“Designated Solid Waste”: Material designated for collection and/or disposal by ACUA, including but not limited to the following waste categories as defined by the New Jersey Department of Environmental Protection (NJDEP), as set forth in the regulation N.J.A.C 7:262.13(g) in effect at the relevant time:

“Type 10 - Municipal Waste” (household, commercial and institutional): Waste originating in the community consisting of household waste from private residences, commercial waste from wholesale, retail, or service establishments such as restaurants, stores, retail markets, theaters, hotels, and warehouses, and institutional waste material originating in schools, hospitals, research institutions, and public buildings.

“Type 13 - Bulky Waste”: Large items of waste material, such as appliances and furniture. Discarded automobiles, trucks and trailers and large vehicle parts, and tires are included under this category.

“Type 13C – Construction and Demolition Debris”: Waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements, and other structures. The following materials may be found in construction and demolition waste: treated and untreated wood scrap; tree parts, tree stumps, and brush; concrete, asphalt, bricks, blocks, and other masonry;

plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; dirt; carpets and padding; glass (window and door); and other miscellaneous materials; but shall not include other solid waste types.

“Type 23 – Vegetative Waste”: Waste materials both recoverable and non-recoverable from farms, plant nurseries, and greenhouses that are produced by raising plants. This waste includes crop residues such as plant stalks, hulls, leaves, and tree wastes processed through a woodchipper. Also included are non-crop residues such as leaves, grass clips, tree parts, shrubbery, and garden wastes.

“Type 25 – Animal and Food Processing Waste”: Processing waste materials generated in canneries, slaughterhouses, packing plants, or similar industries, including animal manure when intended for disposal and not reuse. This waste type also includes dead animals. Animal manure, when intended for reuse or composting, is to be managed with the criteria and standards developed by the Department of Agriculture as set forth in

N.J.S.A. 4:9-38.

“Environmental Protection Agency” (“EPA”): A federal agency of the U.S. government that sets environmental protection and enforcement standards.

“Financial Guarantor”: is the person or entity that will provide a promise or assurance to the ACUA that it will unconditionally guarantee the performance of all of the obligations of the Respondent, should the Respondent ultimately be selected to execute the agreement with the ACUA.

“Material Recovery Facility” (“MRF”): A facility that sorts and processes recyclables.

“Major Subcontractor”: Companies that are hired by the Selected Proposer to perform specific tasks or provide services related to waste conversion operations. ACUA will identify which of these subcontractors to be considered as the Major Subcontractors in the RFP..

“McEnroe Act” - refers to the amendments to the Solid Waste Management Act, constituting Chapter 38 of the

Pamphlet Laws of 1985, of the State of New Jersey and the acts amendatory thereof and supplemental thereto, codified at N.J.S.A. 13:1E-136 et seq..

“Municipal Solid Waste” (“MSW”): A waste type consisting of everyday items that are consumed and discarded which predominantly includes food wastes, containers and product packaging, and other miscellaneous inorganic wastes from residential and commercial sources. This waste is defined as Type 10 waste under NJDEP rules.

“New Jersey Department of Environmental Protection” (“NJDEP”): State Department responsible for protecting and maintaining environmental quality in NJ. NJDEP sets state standards and issues permits for waste handling, processing, and disposal, air emissions, and discharges into water bodies.

“Project Team” - means a group of ACUA staff and consultants who will prepare procurement documents and evaluate responses to advise the Board of Commissioners as to the recommended alternatives for solid waste management decisions.

“Proposal(s)” - means the package submitted by Qualified Respondents in response to a RFP anticipated to be issued following qualification of Respondents.

“Qualification Statements” - means complete responses to this RFQ submitted by the Respondents.

“Qualified Respondents” - means the firms responding to the RFQ who the ACUA determines have satisfied the minimum requirements and are the most qualified pursuant to the evaluation criteria set forth in Section 5.0.

“Recyclable”: Products or materials that can be collected, separated, and processed to be used as raw materials in the manufacture of new products.

“Refuse Derived Fuel” (“RDF”): A material used to create energy that is produced from MSW and/or other waste by removing low heat or energy value materials from the waste stream. RDF is typically formed into standard units such as pellets.

“Residential Waste”: Waste generated by single or multi-family homes which includes materials such as newspapers, clothing, food packaging, food scraps, bottles, and cans.

“Residue”: The remaining physical byproduct of a Waste Conversion System after the waste has been converted into fuel.

“Respondent(s)” - means the firms(s) submitting a Qualification Statement in response to this RFQ seeking to be deemed qualified by the Project Team.

“Selected Proposer” - means the proposer or proposers selected to participate in contract negotiations with the

ACUA.

“Service Agreement(s)” - means the contractual agreement or agreements executed by and between the ACUA and the Selected Proposer with respect to the performance of the Contract Services for the Solid Waste Conversion

Facility which is the subject of the procurement process described in this RFQ. Such Service Agreement shall set forth the terms and conditions and the respective rights and obligations of the ACUA and the Selected Proposer pursuant to which such Selected Proposer will provide services and will guarantee the performance of the Solid

Waste Conversion Facility, and the performance of all subcontractors and equipment or material providers.

“Single Stream Recycling”: A recycling process in which all recyclable materials are collected and mingled together without separation.

“Solid Waste Conversion Facility”: A facility where recovered MSW materials and/or biosolids are converted into a usable product, including but not limited to energy or fuel.

“Tipping Fee”: The price individuals, communities, and trash haulers pay to dispose of waste at a solid waste management facility.

“Tipping Floor”: The flat surface on which the arriving trash trucks dump their load at a waste processing facility.

“Transfer Station”: Facility where solid waste is transferred from collection vehicles to larger vehicles prior to being transported for ultimate disposal.

“Tons Per Day” or “tpd” - refers to the amount of waste to be processed by the Facility during a three hundred sixty-five (365) day year divided by three hundred twelve (312) days [(not including legal holidays)] during which waste can be received.

“Waste Collection”: The component of waste management which results in the passage of waste material from the source of production to either the point of treatment or final disposal.

“Waste Conversion Technology”: Equipment and processes inclusive of all types of technologies used to convert various types of waste material into a usable product, including but not limited to energy or fuel.

“Waste Stream”: The total flow of solid waste from homes, businesses, institutions and manufacturing plants, and other locations that must be recycled, gasified, or disposed of in landfills.

4. GENERAL INFORMATION

4.1. INTRODUCTION

General ACUA Profile

The ACUA is a New Jersey municipal utilities authority that was created pursuant to the New Jersey County and

Municipal Utilities Authority Law (N.J.S.A. 40:14B-1 et seq.) in the late 1960s. Pursuant to the New Jersey Solid

Waste Management Act, each county in the State must create and implement a solid waste management plan. By resolution of the Atlantic County Board of Chosen Freeholders, the ACUA was designated as the implementing agency for the County’s solid waste management plan in June 1981.

Consistent with the County’s solid waste management plan, the ACUA owns and operates a solid waste management complex in Egg Harbor Township, Atlantic County, NJ, known as the Howard F. Haneman

Environmental Park. The solid waste complex is home to an active landfill, a recycling center, composting site, and ancillary facilities. The ACUA’s solid waste complex is located at 6700 Delilah Road, in Egg Harbor

Township, New Jersey. The ACUA operates a renewable natural gas (RNG) project at the landfill to beneficially utilize landfill gas. The complex consists of approximately 360 acres with approximately 102 acres representing the landfill footprint. The ACUA will provide the site for the Facility at the complex. The ACUA also owns and operates a regional collection fleet that serves more than 100,000 residents and businesses.

The ACUA also operates a 40 million gallon-per-day wastewater treatment plant in Atlantic City, NJ, and a regional sewerage collection system that serves 14 municipalities throughout Atlantic County. The Wastewater

Treatment Facility has been in operation since 1978. It is home to the Jersey-Atlantic Wind Farm, a 7.5 MW wind farm that is privately owned and from which the ACUA purchases approximately 17 million kWh per year of electricity. In addition, the facility also houses a 500-kW solar PV system. The ACUA currently incinerates residuals from the wastewater facility at an on-site incinerator owned by the ACUA.

ACUA’s most recent financial statement and supplementary information for the years ended December 31, 2024, and 2023 can be found in ACUA website, under the “about” tab, in the financial information or attached to this

RFQ.

Existing Facilities and Waste Stream

Solid Waste

The ACUA’s existing solid waste facilities include a scale house, a recycling center that currently acts as a tipping floor to export single-stream recycling off-site for processing, a composting system, a Transfer Station, and a sanitary landfill. The entire park encompasses 360 acres, with a landfill footprint of over 102 acres. Waste generated in the County is collected by both ACUA and private fleets in the County and delivered to the site.

MSW generated in the County is required to be delivered to the ACUA’s facilities pursuant to existing waste flow ordinances as described in more detail in the Atlantic County District Solid Waste Management Plan (February

28, 2012 Plan Amendment), which is available on the ACUA website. In addition to its legal flow control authority, the ACUA has direct control of a portion of the MSW stream through its direct collection by its own fleet.

Residential curbside recycling and commercial recyclable materials are delivered to ACUA’s recycling center.

The ACUA understands that many waste conversion systems include sorting and removal of recyclable materials from the solid waste stream, which may allow for MSW and recycling to be collected together. However, the

ACUA DOES NOT intend to eliminate curbside recycling collection programs during the operation of this project. Any removal of recyclable materials from the MSW stream will be done as a supplement to the existing recycling program, not as a replacement. The ACUA will consider proposals that request to incorporate the processing of the existing single-stream material through a MRF system that is incorporated with the proposed project.

The ACUA’s landfill currently has permitted capacity through 2028.

ACUA’s landfill footprint is within 10,000 feet of runways at the Atlantic City International Airport. Due to this proximity, the ACUA is unable to landfill MSW during daylight hours because of the risk of attracting avian wildlife that may provide unsafe conditions for air traffic. Therefore, all MSW disposed of at the ACUA’s facilities is first unloaded at the Transfer Station. ACUA staff then loads MSW onto transfer trailers and begins landfilling waste one (1) hour after sundown. Proposers must take all airport restrictions into consideration when submitting their Proposals.

In 2025 ACUA received 216,911 tons of MSW. In addition to MSW, the ACUA received 90,118 tons of

Construction & Demolition Waste (Type 13C) and 28,084 tons of Bulky Waste (Type 13). An additional 30,197 tons of Yard Waste was composted at the ACUA in 2025. For more information on ACUA historical tonnage data see Attachment A.

The ACUA’s last waste characterization study of MSW received was conducted in 2024. This study is included in Attachment B. The ACUA will be performing a new multi-season waste characterization study in 2024.

The ACUA has developed a Renewable Natural Gas (RNG) project on-site. The RNG project treats gas from the

ACUA’s landfill to acceptable standards to be injected into the South Jersey Gas distribution pipelines. This project became operational in October 2024 and is anticipated to be available for future project connections.

Specifications for interconnection to the South Jersey Gas distribution system can be found in Attachment C.

Based on the ACUA’s experience in attempting to permit various waste conversion technologies, the ACUA considers the generation of biogas converted into RNG as a simpler permit pathway than technologies that will combust waste-derived biogas into electricity on site. This should be considered when evaluating permitting requirements and capabilities.

Wastewater

ACUA’s Wastewater Treatment Facility in Atlantic City is responsible for processing sewage from the regional collection system in Atlantic County. In 2025 the facility processed and incinerated 28,500 wet tons of biosolids from the County’s system. An additional 18,350 wet tons of biosolids delivered by customers were also incinerated in 2025. ACUA’s wet tonnage has a total solids content of approximately 22.1%. For additional information on biosolids tonnage see Attachment A. Information on sludge composition can be found in

Attachment D.

The ACUA’s existing wastewater incinerator operations have been designed to run optimally based on current biosolids tonnage quantities. If the project can only accept some but not all of the biosolids available. The ACUA will work with vendors to develop a strategy to provide adequate biosolids to the facility without significantly reducing the operational efficiency of the existing incinerator.

4.2. McEnroe Process

The ACUA intends to procure the Facility and services described herein in accordance with the requirements of the McEnroe Act (N.J.S.A. 13:1E -153, et al). The McEnroe Act sets forth the procedure for issuance of RFQs;

evaluation and qualification of Respondents to the RFQ; issuance of a RFP to Qualified Respondent(s); review, clarification and evaluation of Proposals from Qualified Respondent(s); and negotiation of a Service Agreement with a Selected Proposer who will undertake the design, permitting, financing, construction, start-up, acceptance testing and the long- term operation and maintenance of the Facility.

Qualification Statements will be evaluated by the Project Team assembled by the ACUA to determine if the

Respondents meet the Minimum Qualification Criteria set forth in Section 5.0 herein. In addition to evaluating whether a Respondent meets the Minimum Qualification Criteria, the Project Team will consider the reputation and experience of the Respondent and members of the Respondent’s team in determining if a Respondent is qualified. Respondents deemed qualified by the Project Team will be entitled to receive the RFP. In order for a

Respondent to be designated as a Qualified Respondent it shall be financially, technically, and administratively capable of undertaking the design, permitting, financing, construction, start-up, acceptance testing, operation, and maintenance of the Facility.

4.3. Conditions

By responding to this RFQ, Respondents acknowledge and consent to the following conditions relating to the qualification process and the selection of Qualified Respondents:

• This document is an RFQ and does not constitute an RFP.

• This RFQ does not commit the ACUA to issue an RFP.

• This RFQ is not intended and shall not be construed to commit the ACUA to procure or to contract for any services.

• The ACUA reserves the right to reject any and all responses and components thereof and to eliminate any and all Respondents responding to this RFQ from further consideration for this procurement to the extent permitted by applicable law.

• The ACUA reserves the right to eliminate any Respondent(s) who submits incomplete, inadequate responses or is not responsive to the requirements of this RFQ.

• The ACUA reserves the right to determine the Respondent(s) who is (are) qualified to receive the RFP and submit proposals in response to the RFP.

• Only those who are qualified through the RFQ process herein shall be eligible to receive an RFP.

• The ACUA reserves the right to supplement, amend, or otherwise modify this RFQ, or otherwise request additional information.

• All Qualification Statements become the property of the ACUA and will not be returned.

• Following its review of all Qualification Statements, the ACUA will establish a list of Qualified

Respondents identifying the criteria applied in selecting those Respondents. The list and applicable criteria will be published in the same publications in which this Request for Qualifications was published.

• Any and all Qualification Statements not received by the date and time set forth in Notice to Vendors will be rejected.

• The ACUA (including its staff and advisors) reserves the right to visit any of the facilities referenced in the Respondent’s Qualification Statements to observe the operations of such facilities. Such site visits will be made at a mutually agreeable time, and the cost of such visit shall be borne by the ACUA.

• All Qualified Respondents agree to attend an interview with the Project Team, if requested, prior to RFP issuance.

• The vendor shall be solely responsible for all costs and work associated with the RFQ process and any subsequent submittals to the RFP process.

4.4. Implementation Responsibilities of the ACUA and the Selected Proposer

The RFP that will be issued to Qualified Respondents will provide a definitive allocation of responsibility between the ACUA and the Selected Proposer for implementation of the project encompassing project development activities, facility design and construction, facility operation and maintenance, marketing of recovered products and compensation to the Selected Proposer. The following is intended to provide Respondent(s) with an understanding of the type of business arrangement the ACUA contemplates with the Selected Proposer and the scope of responsibilities and liabilities the Selected Proposer will be required to assume. It establishes the context for the Minimum Qualification Criteria set forth in Section 5.0.

ACUA Responsibilities

It is anticipated that the ACUA will be responsible for or will provide the following:

• Providing the solid waste conversion facility site which will be located on ACUA property.

• Providing ingress and egress roadways and electricity, water, and sewage connections up to the site boundary limits. Note: As referenced in Section 2.4 (Eligible Technologies) additional consideration will be given to projects with the ability to operate off the grid in self-sustaining island mode, or through backup generation systems.

• Providing scale houses and weighing operations.

• Monitoring the design, permitting, construction, start-up, acceptance testing, operation and maintenance of the solid waste conversion facility to ensure compliance with the provisions of the Service

Agreement.

• Providing payment to the Selected Proposer of a per ton fee (the operations component of such fee to be subject to escalation).

• The ACUA intends to continue and will commit to enforcing flow control of MSW to the facility.

Selected Proposer’s Responsibilities

It is anticipated that the Selected Proposer will be responsible for or provide the following:

• Obtaining all permits, licenses and approvals for the construction of the Solid Waste Conversion Facility from any local, state or federal regulatory agency having jurisdiction over such facility. The Selected

Proposer will also be responsible for (a) compliance with all existing laws and regulations as well as the terms of permits, licenses and approvals issued by any local, state or federal agency; (b) preparation and submittal of all required construction related permit applications (with the approval of the ACUA), and

(c) payment of all applicable fees relating to such permits for the term of the Service Agreement. In addition, the Selected Proposer shall assist the ACUA in obtaining or modifying environmental permits, licenses and approvals that the ACUA is responsible for obtaining, if applicable.

• Design and construction of the Facility in compliance with the technical specifications and construction and acceptance guarantees in the Service Agreement.

• Financing of the cost of all design, permitting and construction activities through and including successful acceptance of the Solid Waste Conversion Facility.

• Operation and maintenance of the Facility and the assumption of all costs related thereto for the term of the Service Agreement in return for ACUA payment of the service fee.

• Operation of the Facility in compliance with contractually stipulated operating parameters and guarantees and compliance with all applicable local, state and federal laws, rules, and regulations.

• Procuring contracts for the sale of recovered materials, products and related environmental attributes and transportation of recovered materials, products and related environmental attributes to the appropriate markets. In the event that the Selected Proposer cannot contract for or provide for the disposition of marketable products, the Selected Proposer shall provide for legal disposal of the materials at the Selected

Proposer’s expense.

4.5. Contract Principles

The following are summaries of certain principles anticipated to be contained in the Service Agreement. These principles are not all inclusive and are subject to change.

• The Selected Proposer shall execute an unconditional guaranty of its performance under the Service

Agreement. If the Selected Proposer is a subsidiary of any parent company, then its parent company shall also execute an unconditional guaranty of the Selected Proposer’s performance of the Service Agreement.

• The Selected Proposer will guarantee to build the Facility and pass all required permit standards for operation by a certain date. Failure to meet all required permit standards for operations by such date will result in delay damages payable by the Selected Proposer.

• Failure to meet all required permit standards for operation by the end of a negotiated limited period following the scheduled date will allow the ACUA to terminate the Service Agreement and require the

Selected Proposer to pay termination liquidated damages.

• Service fee payments will not commence until the Selected Proposer has passed specified permit standards for operations.

• The Selected Proposer will comply with all applicable laws and permits and pay all fines and bear all other consequences for failure to comply.

• The Selected Proposer will be required to provide and meet a minimum throughput guarantee and other performance guarantees that will depend on the nature of the proposed technology. Failure to meet such a guarantee will require the Selected Proposer to pay performance shortfall damages.

• The Selected Proposer will be required to provide and meet odor, noise, dust and other environmental guarantees.

• All Major Subcontractors shall be approved by the ACUA.

• The Selected Proposer will be entitled to 100% of the volume of waste received through the Authority’s flow control measures.

• The Selected Proposer will be provided with performance relief for specified circumstances outside of its control that adversely affects its ability to perform.

• The Service Agreement will include standard lender’s rights.

5. MINIMUM QUALIFICATIONS & EVALUATION CRITERIA

This Section of the RFQ establishes the Minimum Qualification Criteria which Respondents must satisfy to be designated as a Qualified Respondent. Minimum Qualification Criteria are established in technical, business, and financial categories. A Respondent who seeks to be qualified for this project must satisfy the Criteria set forth herein.

5.1. Minimum Technical Criteria

The Respondent must satisfy each of the following:

• The Respondent shall have experience in permitting, design, construction, start-up, testing, operation, and maintenance of solid waste processing facilities. This experience, at a minimum, shall be based on one or more reference facility or facilities that receives and processes municipal solid waste in quantities of not less than 100 tpd.

• The Respondent shall have a minimum of one (1) year of “satisfactory” operating experience (operating at the minimum processing capacities stated above) from the date such reference facility meeting the above criteria shall have achieved “commercial operation”. “Satisfactory” operation will be determined based on (a) meeting performance guarantees, (b) limited downtime, and (c) compliance with regulatory requirements.

Compliance with the above requirements will be determined based upon an evaluation of the information on reference facilities submitted in the Qualification Statement. A Respondent may organize a team of companies which collectively satisfy these minimum Technical Criteria. However, one member of the team shall be designated as the responsible party for negotiation of the Service Agreement and shall assume responsibility for all design, permitting, financing, construction, start-up, acceptance testing, operating, maintenance, performance, and financial guarantees and commitments. The role of each team member shall be described in the Qualification Statement. Once qualified, the Respondent cannot change or substitute team members without the consent of the ACUA which can be withheld in the ACUA’s sole discretion.

5.2. Minimum Business and Financial Criteria

The following Business and Financial Criteria must be satisfied by the Respondent submitting the Qualification

Statement as a single entity or on behalf of a team. If the financial statements of the Respondent do not meet these

Criteria, the Respondent may substitute the financial statements of its parent company or a third-party Financial

Guarantor.

The Business Criteria are:

• The Respondent agrees to assume responsibility of the performance of the proposed project in accordance with the terms of the RFP

• The Respondent agrees to provide financial guarantees of performance in the event it is designated as a

Qualified Respondent

The Financial Criteria are:

• The ability to obtain payment and performance bonds for the construction of the Facility.

• A ratio of current assets divided by current liabilities of at least [1.1] for two out of the three recent fiscal years.

• No material adverse changes in its financial position since the end of its most recent fiscal year that would affect the proposer’s ability to meet any of the above criteria.

5.3. Additional Evaluation Criteria

The following criteria will be assessed by the evaluation committee with respect to those Respondents that meet the minimum requirements set forth above:

Reputation and Experience

A. Does the Respondent document a record of reliability of timely delivery and on-time and on-budget implementation?

B. Does the Respondent demonstrate a track record of good service as evidenced by contract compliance performance?

C. Has the Respondent been debarred or suspended from performing work in the State or any other state?

D. Does the Respondent have a record of poor integrity or criminal behavior?

Each Respondent is responsible for reviewing their qualification statements and preparing their responses in a clearly organized submittal.

6. INSTRUCTIONS TO RESPONDENTS AND ORGANIZATION OF

SUBMITTAL

6.1. Instructions to Respondents

There is no restriction on the length of Qualifications Statements; however, Respondents are encouraged to provide all relevant information on their technologies and how they may be applied to meet ACUA’s needs.

Qualifications Statements should be as succinct and detailed as possible. All Qualifications Statements should be organized and formatted matching the Qualifications and Technology Information listed below:

A. Qualifications: Respondents shall submit the following information to demonstrate their qualifications to develop their technology on a commercial scale, and meet the requirements described in this RFQ. In addition, the Respondent shall submit a description of the Respondent’s ability to meet the Minimum

Technical, Business and Financial Qualifications specified in this RFQ.

1. All pertinent company information including:

a. Name, Business Address, Type of Organization, Team Members and Key Subcontractors, Financial Guarantor, Authorized Representative(s)’ Contact Information, etc. and also resumes or professional biographies of key officers and other key project team leaders.

2. Experience of the Respondents(s) including years in business, years, and type of experience in energy, waste, etc. industries.

B. Technical Qualifications: The Respondent shall include both an executive summary and detailed specification information on the technology being proposed. This information shall at a minimum include:

1. Existing comparable facilities (including reference facilities that meet the Minimum Technical

Criteria set forth in Section 5.0)

2. Operational and environmental data from existing facilities (if available)

3. Air emissions

4. Mass reduction and residue

5. Energy production and efficiency

6. Familiarity with federal, state, and local agencies that will be involved in the permitting process

(EPA, NJDEP, etc.).

C. The Respondent(s) shall identify the supplier/manufacturer of the major components of the system it has constructed and operated on similarly sized facilities and (i.e., mechanical processing equipment, etc.), shall discuss its knowledge of ability to meet NJDEP permitting and other regulatory requirements.

D. The Respondent(s) must demonstrate that it has successfully designed, constructed, tested and operated a similarly sized facility.

E. If the Respondent(s) intends to use a system which, either in whole or in part, is controlled by patent, license, or franchise rights, the Respondent(s) must demonstrate that it holds the patent rights or has a license or franchise agreement for the specific proposed technology and equipment which has been constructed and operated, and must submit evidence of contract rights with the license, franchise or patent owner for the authorized use of the technology or equipment.

F. If a Respondent(s) desires to submit the qualifications of a subcontractor or joint venture partner in order to satisfy section 5.1, Technical Criteria the Respondent(s) must provide detailed information regarding the experience of such subcontractor or joint venture partner in the use of the referenced technology. The

Respondent(s) shall also identify the names, addresses, and telephone numbers of subcontractor or partner contacts and include written evidence from the Respondent’s subcontractors or partner showing that they intend to act as a subcontractor or joint venture partner for the Respondent(s) on the Facility. The professional and business relationship between the Respondent(s) and the subcontractor and/or equipment suppliers must be defined.

G. In addition, the Respondents shall provide the information requested below as it pertains to the reference facility offered to demonstrate the appropriate technical experience:

H. Respondent(s) shall provide a list of all reference facilities which meet the minimum qualifications defined that such Respondent wishes to submit in its Qualification Statement. For each facility, Respondent(s) shall provide the information listed below utilizing the same alphanumeric notation.

1. Location of facility.

2. Names and telephone numbers of customer references.

3. Facility design capacity, design capacity per eight-hour shift and number of hours operating per day.

4. A detailed description of the facility, materials handled, and the process and equipment employed in performing each function.

5. A mass balance diagram identifying the composition and tonnages of incoming materials and the tonnage distribution of recovered materials and transferred residuals.

6. Number of people employed and job categories for operating the facility.

7. Gross Capital and Annual Operating and Maintenance Costs for the reference facility. For multiple facility project sites, provide this information as it relates only to the portion offered for qualification.

8. Monthly downtime for the reference facility process line(s) and description of each problem during the one year that created more than twenty-four (24) hours of downtime for a single occurrence.

9. The Respondent’s role in project design, permitting, construction, testing, operation and maintenance.

10. Reference facility construction start, completion dates and date of commercial operation.

11. Current status of the reference facility.

12. A listing and description of all permits, licenses and approvals (a) applied for, and (b) received with respect to each facility and the expiration dates for each such permit, license or approval. Include a list of permit numbers and the name of the party to which the permit was issued.

13. Any claims, litigation, judgements, notices of violations, or administrative enforcement actions arising out of the construction and/or operation and maintenance of the equipment and/or the facility.

14. All performance guarantees or requirements (if any) and any failure to meet such guarantees or requirements.

I. Business and Financial Qualifications:

1. Financial History: Respondents shall document and present the capacity of their company, Financial

Guarantor, involved partners, and/or subsidiaries to undertake a project of this scope. The ACUA requests, at a minimum, the most recent Year End (Audited) and First Quarter Financial statements available from Respondents.

2. The Respondents shall also submit documentation of their ability to obtain payment and performance bonds for the construction of the Facility and a ratio of current assets divided by current liabilities of at least [1.1] for two out of the three recent fiscal years. The information submitted must demonstrate that the Respondent meets the financial criteria identified in Section 5.

3. The Respondent must submit a letter of intent signed by its Executive Officers, such as the Chief

Executive Officer, President, or other equivalent key officers stating that it is prepared to assume responsibility as the entity with ultimate responsibility for the performance of its team in implementing the project in accordance with the terms of the RFP and to provide financial guarantees of its performance in the event it is designated as a Qualified Respondent. These guarantees, at a minimum, will shall include:

a. Damages in the event that the facility does not achieve acceptance test guarantees or other uncured events of default occur.

b. Delay damages in the event of a failure to meet the scheduled acceptance date that will include payment of disposal fees.

c. Performance damages during the term of operations in the event of a failure to meet performance guarantees.

4. Project Funding: Respondents should provide information on project economics, including expected sources of funding for development, permitting, construction, and operation of a facility. Detailed project economics are not expected to be included however Respondent should provide available information on the approximate design-build costs, cost of operations based on existing facilities (if applicable) approximate tipping fees based upon such costs and expected revenue sources from the byproducts and environmental attributes generated by the facility. The information requested in this item (c) is to be provided for informational purposes only.

5. In lieu of meeting the Project Funding criteria, the Respondent may provide evidence that it or its

Financial Guarantor has an investment grade rating issued by Moody’s, Standard & Poor’s Global

Ratings or Fitch. [NOTE: Confirm that Authority CFO or Financial Advisor has reviewed and signed off on language.]

J. Reputation and Experience:

1. Respondents shall provide information regarding its reputation and experience that will be evaluated by the ACUA if Respondent meets the Minimum Technical, Business and Financial Qualifications including the following:

a. Information demonstrating Respondent’s record of reliability of timely delivery and on-time and on-budget implementation.

b. Information demonstrating whether Respondent has a track record of good service as evidenced by contract compliance performance.

c. Whether Respondent has been debarred or suspended from performing work in the State or any other state.

d. Whether the Respondent has a record of poor integrity or criminal behavior.

6.2. Request for Qualifications Submission Requirements

A. Vendors shall use the forms provided by the Authority or true copies thereof. Substitute forms will not be considered conforming.

B. RFQ responses must be received electronically via ACUA's e-Procurement Portal

(https://procurement.opengov.com/portal/acua) before the designated time. No exceptions can be made for any reason, including failure of internet services or any technology issues to make timely submission of any bids.

6.3. Question Process and Cone of Silence

The question deadline for this procurement is Thursday, November 5, 2026 at 12:00 pm. No questions will be received or addressed after this time.

All questions relating to the RFQ are to be directed in writing to the Authority Procurement and Contracts

Manager via the ACUA's eProcurement Portal. NO QUESTIONS WILL BE ANSWERED OVER THE

PHONE. Proposers are advised that any questions related to substantive aspects of the RFQ, to the extent that the answer affects all vendors ability to compete equally, may be distributed to all vendors who have downloaded specifications via an Addendum. In the event that changes are to be made to any specification before the date for opening of RFQs, the Authority will post an Addendum, as required by law. Vendors are encouraged to "Follow" the project via ACUA's e-Procurement Portal. Followers will be notified via email about any Addendum, Notices, and Results published.

After the submission of Qualifications Statements, unless requested by the ACUA, there will be no Respondent contact permitted. The ACUA will review the Qualification Statements provided in response to this RFQ, and it may request additional information or clarification from some or all the Respondents. The ACUA may then meet with some or all of the Respondents. At that point, the ACUA will make a decision on whether to proceed further. Qualified Respondents will be invited to respond to a Request for Proposal (RFP). The RFP will seek specific business proposals and contracts for a Waste Conversion Project. This RFQ is a solicitation but is not an obligation on the part of the ACUA to make any purchases or enter into any contracts.

A. Meetings, held over the phone or in person, for clarification on responses to this RFQ, in cooperation and interaction with the ACUA may occur on an as-necessary basis. Respondents may not supplement or otherwise revise a Qualifications Statement by clarification.

B. The ACUA has established an evaluation committee that will work together to evaluate responses to the

RFQ. Upon completion of the evaluation, the ACUA reserves the right to make a determination on the qualifications of each Respondent, its experience developing andoperating similarly sized facilities, and proposed project teams. After the evaluation has been completed, all the materials are kept on file at the

ACUA. The evaluation committee will make a formal recommendation to the ACUA executive staff and authorized personnel.

6.4. Site Visit

An optional site visit…