Addendum No. 2 - DEP Solicitation No. 2024016.pdf

DEP Solicitation No. 2024016 Addendum No. 2 Page 1 of 9

ADDENDUM No. 2

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

DEP Procurement Section

3800 Commonwealth Boulevard, MS#93 Tallahassee, Florida 32399-3000

May 14, 2024

Addendum To: DEP Solicitation No. 2024016, entitled

Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

The Department hereby answers questions posed by prospective Vendors. This addendum does not need to be returned with the response.

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

1.

ITN Section: 3.4.2.4 Tab D: Approach to Nutrient Extraction

Plan.

ITN Page: 20 out of 41

Please further explain what is meant in section 3.

"Respondent must describe its ability to meet a target amount of Total Phosphorous Removal per quarter of 3kg (6.81 lbs.). Respondent must also describe its ability to meet a target amount of Total Nitrogen Removal per quarter of 12 kg (26.455 lbs.)

per quarter.”

Respondents are not limited to the nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan. They are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Respondents should simply explain how the treatment proposed will result in meeting or exceeding the targets specified in the Invitation to Negotiate (ITN).

2.

How will FDEP calculate the pounds of N and P reduced from the water?

It is the Contractor(s) responsibility for providing the analysis required to calculate the amount of nutrient reduction and evaluate the effectiveness of treatments, while the treatment is ongoing.

See Section 4.3.1 - Task and Deliverables - Task 6

3.

Are you asking for a price to treat the entire lake? Blooms as they occur? or a treatment method that reduces nutrients and the price to reduce those nutrients?

Addendum No. 2 Page 2 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

Also, if treatment reduces N and P at the same time, how should we calculate the price for each?

The Department is asking to obtain the cost of treatment to reduce nutrient availability in Lake Okeechobee.

To calculate the price per kg of TP, use the total cost of treatment divided by the kg of TP removed.

To calculate the price per kg of TN, use the total cost of treatment divided by the kg of TN removed.

See Section 4.3.1. – Task and Deliverables.

4.

Because several different solutions can be successfully implemented to extract nutrients, how much is the total compensation (Budget) for this project? Will additional funding be provided at a later date?

To be determined based on outcome of negotiations, limited by funds available and number of treatment contracts.

See Section 6 – Negotiations.

5. 1.4 6 of 41 Based on that total compensation, is there an expectation for the number of kilograms of nutrients to be removed?

No. For purposes of response to this ITN, the target amounts of Total Phosphorous Removal per quarter is 3kg (6.81 lbs.) and the target amount of Total Nitrogen Removal per quarter is 12 kg (26.455 lbs.). However, as stated above, Respondents are not limited to the nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan. They are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter.

6. Form D

Since the FDEP has determined nutrient removal from Lake Okeechobee is important, why is the FDEP limiting the volume of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter?

The nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum

Addendum No. 2 Page 3 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

7.

1.4 6 of 41

What is the total removal goal of TN and TP for this project?

The goal of the ITN is to remove the greatest amount possible. For purposes of responses to the ITN, 3 kg TP and 12 kg TN per quarter were established as minimum targets and respondents are not limited to just these nutrient removal amounts. The nutrient reduction amounts in Section 3.4.2.4: Approach to Nutrient Extraction Plan are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter.

8.

Will sediment removed for the creation of a sediment trap (containing nutrients that are sequestered and do not mobilize to the overlying water) be given the same credit as the removal of surface sediment (active layer containing nutrients that can be mobilized to the overlying water)?

Yes, DEP will require a price per kg of nutrient (TP/TN) sequestered for purposes of responding to the ITN.

9. 4.3.1 30-32 of 41 What sampling frequency or number of samples are required to monitor and calculate the weight of total nutrients removed from Lake Okeechobee.

The Contractor(s) is responsible for any sediment and/or ambient water analysis required to calculate the amount of nutrient reduction and evaluate the effectiveness of treatments, while the treatment is ongoing, as well as any water quality analyses that the Department requires due to the nature of the treatments provided. The selected Contractor(s) will prepare, submit, and receive Department approval for a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the Contract Tasks.

Addendum No. 2 Page 4 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

See Section 4.1 - Scope of Work - Analytical Services and Examples of Management and Restoration Treatment Activities

10. 4.3.1 26 of 41

How will FDEP determine a “rational” monitoring program?

While monitoring is critical, there may be large deviations in perceptions of an acceptable level of monitoring, especially for those projects that may risk some level of unintended environmental detriment. Monitoring is a cost that will detract from the price per pound of nutrient removal, and thus the grantee is incentivized to propose only the minimum level of acceptable monitoring. Would FDEP consider breakout pricing for the monitoring program or exclude these costs from price-per-kilogram calculations?

No, all respondents are required to provide the total price for their proposed process, including monitoring and analysis.

See Section 4.3.1 - Deliverable 3

11. How many people are on the selection committee and who are the selection committee members?

Committee has not been selected at this time.

See Section 5 – Evaluation Criteria

12. 4.3.1 30 of 41 Are there predetermined land access locations around the lake that would be available for the contractor to utilize?

No, it the responsibility of the Contractor(s) to identify and establish land access locations around the lake for project implementation.

See Section 4.1 - Scope of Work - Infrastructure Needs

13. 1.4 6 of 41 Is it the intent of this ITN to make an impact on the water quality in Lake Okeechobee, the FDEP states “best value”.

How will this be evaluated in the price sheet if the volume of nutrients to be removed is capped at such a low volume?

The intent is to improve water quality in Lake Okeechobee through nutrient removal and/or sequestration.

Addendum No. 2 Page 5 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

The DEP will negotiate a contract based upon each vendor’s proposed treatment and the price per kg of treatment to obtain the best value for the State of Florida.

See Section 1 - Introduction and Section 4.1 - Scope of Work

14. Form D Based on the definition of best value, performance is not a consideration in the scoring factor. To provide a more competitive cost evaluation, can the FDEP remove the maximum nutrient removal limitation on Form D, Pricing Sheet, and include a performance scoring factor more in line with the overall objective “best value” of removing nutrients from the Lake? For example, the capital expenditures (CapEx) for a small-scale system to remove 3 kgs of TP would be significantly cheaper than the CapEx for a large-scale system to remove 300 kg or 3,000 kg of TP per quarter. How will the CapEx be tied to the best value determination?

The nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

15. 5.3 5.4 5.5

How does this ITN address the potential discrepancy between the cost-effectiveness of solutions aimed at removing larger quantities of nutrients versus those tailored to the specified low volumes? Is there a mechanism in place to evaluate the long-term cost-effectiveness and impact of proposed solutions on Lake Okeechobee's water quality?

Economies of scale can be discussed during negotiation.

16. Form D 20 of 41 If a contractor removes more nutrients than the maximum quarterly limits of 3 kg (TP) and 12 kg (TN), will the contractor be compensated for the additional removal?

Yes, depending on the amount of available funding provided to a specific proposal. As stated above, the nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not

Addendum No. 2 Page 6 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

17. Attachment A Draft Contract for ITN

2024016

9. Payment The sample contract provided for this contract requires monthly invoices, which contradict Form D. Please clarify payment schedule that will be required.

At this time, the Department intends to make payment on a quarterly basis. The final contract will reflect the correct time period for payment and may be amended by addendum as appropriate.

18. Form D and 4.3

In Form D, payment terms indicate the FDEP will make payments every quarter. Will the FDEP consider monthly payments so that financing charges are reduced?

At this time, the Department does not intend to make payment on a monthly basis.

Payments will be made in accordance with Section 215.422(b) F.S.

19. Project Location 24 Will the Department except a proposal that accomplishes the Solicitation Objective without a specfic staging site identified given the project location and public comments that will inform the Contract Manager approved Task 1b Nutrient Extraction Plan (NEP)?

Yes.

20. Overall Overall Will FDEP consider contracting and funding the requested scope of services for this ITN into the following three separate phases:

• Phase 1 would include planning, engineering, design, lab/bench top research and a construction cost estimate for a pilot program. The pilot program will demonstrate the viability of an innovative treatment methodology or technology which could be effective at reducing legacy nutrient levels in the lake.

• Phase 2 would include regulatory coordination and permitting of the pilot program.

Addendum No. 2 Page 7 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

• Phase 3 would include construction of the pilot program which would include commissioning, operation, maintenance, monitoring and decommissioning of the pilot treatment system.

No. Initial responses must be submitted as specified in Section 3 - Response Instructions

21. Form D – Price Sheet

Form D – Price Sheet

Will FDEP consider a price sheet that includes rates for Time & Materials, not to exceed for the proposed Phase 1 and Phase 2 services presented above (Feasibility, Planning and Design and Permitting) with an estimate for Phase 3 to be provided at the conclusion of Phase 1?

No, in the initial response, the Respondent must complete Form D as specified.

22. Form D – Price Sheet

Form D – Price Sheet

Can the respondent provide costing information in phases?

Phase 1 - Engineering Phase 2 – Regulatory Coordination & Permitting Phase 3 – Construction of Pilot Program costing following Phase 1

No, in the initial response, the Respondent must complete Form D as specified.

Responses must be submitted as specified in Section 3 - Response Instructions.

23. 3.4.2.4 # 3 Approach to Nutrient

Extraction Plan

20 The target amounts of 6.81 pounds per quarter and 26.455 pounds per quarter are unclear. Can the respondent provide, and estimated range of removal rates based on the conceptual design of the pilot program, to be refined at the end of Phase 1 and verified at the conclusion of Phase 3?

No, in the initial response the Respondent must complete Form D as specified. However, the nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

Addendum No. 2 Page 8 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer

24. 3.4.2.4 #4 Approach to Nutrient

Extraction Plan

20 If respondent is proposing a new and unproven technology for treatment, can the requirement for proof of concept be provided in the form of an independent peer review study by a recognized State University?

Yes.

25. 3.4.2.4 #8 20 Can the respondent provide an estimated schedule with a better-defined schedule following the completion of Phase 1?

The vendor’s response should include the full timeline for completion of Tasks 1 through 9, as stated in Section 4.3 - Contractor Responsibilities and Section 4.3.1 Task and Deliverables

26. 4.1 C 24 Please confirm sequestration can occur within the boundaries of Lake Okeechobee

Yes, if proposal meets all regulatory requirements of all local, state, and federal agencies.

27. Section 3.4.2.4, Tab D

1. Section 3.4.2.4, Tab D, refers to quarterly removal targets of 3kg for Total Phosphorus and 12 kg for Total Nitrogen Removal.

a. Is there a document, BMAP, TMDL determination or any reference document explaining the determination of these quarterly removal targets?

There is no document, BMAP, TMDL determination, or any reference document explaining the determination of these quarterly removal targets. That being said, the nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

b. The stated removal targets seem appropriate for a small-scale laboratory project, rather than a commercial project that was the subject of the predecessor RFB for this same solicitation. Are these removal target units specified correctly?

The nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to

Addendum No. 2 Page 9 of 9

Question Number

Solicitation Section

Solicitation Page Number Question / Answer achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

c. Are these quarterly removal targets the total for this project or for each vendor selected?

Each vendor, but again the targets are just minimum reduction values and respondents are not limited to these reduction amounts.

28. 2. The 2023-2024 Legislature appropriated $20M and the 2024-2025 Legislature approved budget includes another $10MM to “Competitively procure water quality treatment technologies to combat harmful algal blooms in Lake Okeechobee”.

a. Even though there may be multiple awards, do these appropriations define the scope and scale of the projects for this ITN?

The scope of the project is set forth in Section 4 – Scope of Work, of the ITN.

29. What was the criteria/reasoning for selecting the target amount of Total Phosphorous Removal per quarter of 3kg (6.81 lbs.) and the target amount of Total Nitrogen Removal per quarter of 12 kg (26.455 lbs.) per quarter?

The nutrient reduction amounts in Section 3.4.2.4 - Approach to Nutrient Extraction Plan, are simply minimum targets that the Department prefers specific proposals to achieve. DEP is not limiting the amount of nutrients to be removed to a maximum of 3 kg TP and 12 kg TN per quarter. Again, these values are simply minimum targets for the amount of nutrients removal that the Department is seeking specific proposals to achieve.

30. Project Location 24 Will the Department except a proposal that accomplishes the Solicitation Objective without a specfic staging site identified given the project location and public comments that will inform the Contract Manager approved Task 1b Nutrient Extraction Plan (NEP)?

Yes.