Compost_Organics_Landfill_to_Market_Revenue_Contract_(Addendum_#1_Revision).pdf

COUNTY OF ORANGE

OC WASTE & RECYCLING

REQUEST FOR PROPOSAL (RFP) (RFP)

FOR

COMPOST/ORGANICS LANDFILL TO MARKET REVENUE

CONTRACT

RFP NO. RFP-299-2837502-JDW

County of Orange RFP

OC Waste & Recycling - Compost/Organics Landfill to Market Revenue Contract, RFP-299-2837502-JDW

County of Orange

OC Waste & Recycling

Procurement Services

601 N Ross Street, 5th Floor

Santa Ana, CA

92701

SCHEDULE OF ACTIVITIES

Release Project Date April 10, 2025

PROPOSALS MUST BE RECEIVED ON

OR BEFORE

Monday, May 5, 2025

4:00 pm

Pre-Proposal Meeting (Mandatory) April 17, 2025, 9:00am

WEATHER PERMITTING: A mandatory pre-proposal meeting/job walk will be held at 9:00

AM on April 17, 2025. A total of three (3) separate locations will be visited. Attendees shall first meet at Prima Deshecha Landfill, located at 32250 Avenida La Pata, San Juan

Capistrano, CA 92675. Immediately following the Prima Deshecha Landfill, everyone will meet at the Frank R. Bowerman Landfill

(FRB), located at 11002 Bee Canyon Access

Road, Irvine 92602. Immediately following the

FRB visit, everyone will conclude at the third site visit: Olinda Alpha Landfill office building, located at 1942 N. Valencia Ave., Brea 92823.

Details will be provided upon RSVP. If weather is a factor, those who have RSVP’d accordingly will be notified of a re-schedule.

Attendance is mandatory in order to participate in the proposal process. Failure to attend this pre-proposal meeting/job-walk will render the proposal non-responsive. Anyone arriving after the vans have departed to tour the service areas will be disqualified and not allowed to submit proposals. All proposers must sign-in to continue in the request for proposals process.

This rule will be strictly adhered to without exception or consideration of cause.

Attendees are required to wear personal protective equipment (PPE) while touring in the field. Required PPE is as follows: work boots (at very least closed-toe shoes), hard hat, high visibility vest, sunglasses or glasses will suffice as eye protection.

Contractors shall indicate their intent to attend the pre-proposal meeting/job-walk with an

RSVP email to johan.dewaal@ocwr.ocgov.com no later than 4pm on April 15, 2025.

mailto:johan.dewaal@ocwr.ocgov.com

Question Submission Deadline April 22, 2025, 2:00pm

Proposal Submission Deadline May 5, 2025, 4:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the RFP process will be issued to all Respondents via addenda on the County’s online bidding system https://procurement.opengov.com/portal/ocgov ** https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

SECTION 2. SCOPE OF WORK

SECTION 3. WRITTEN PROPOSAL SCORING FORMAT

SECTION 4. PRICING AND COMPENSATION

SECTION 5. VENDOR RESPONSES

SECTION 6. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - Model Contract - RFP-299-2837502-JDW - Compost Organics Landfill to Market Revenue

Contract

SECTION 1. INTRODUCTION AND INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

The County of Orange, OC Waste & Recycling (hereinafter referred to as “County”), is soliciting proposals from qualified firms (hereinafter referred to as “Respondents”) for Compost/Organics

Landfill to Market Revenue Contract that includes marketing, distribution, sales, logistics, and profit-sharing components to bring ready to use compost, produced at the Valencia, Bee Canyon, and Capistrano Greeneries of the County of Orange Landfills to market and land application. Respondents must meet the minimum qualifications and requirements as set forth within the RFP and be capable of providing services identified in the Scope of Work herein.

1.2 INSTRUCTIONS TO RESPONDENTS AND PROCEDURES FOR SUBMITTAL

A. Proposals are to be uploaded via the County's Online Bidding System at https://procurement.opengov.com/portal/ocgov.

Note: This is a fully electronic Request for Proposals (RFP). Respondents must submit their proposals online via County’s online bidding system. Only electronic proposals will be accepted. Facsimile and e-mail proposals will NOT be allowed. For assistance on uploading proposals via County’s online bidding system, please contact procurement-support@opengov.com or https://help.procurement.opengov.com/en/

B. Examine the Contract Documents and the site of the proposed work carefully before submitting a Proposal for the work contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents.

The County has attempted to provide all information available. It is the responsibility of each Respondent to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any person contemplating submitting a response to this

Request for Proposals is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Deputy

Purchasing Agent (DPA) via the County’s online bidding system under the bid page for this solicitation.

If clarification or interpretation of this solicitation is considered necessary by County, an addendum shall be issued, and the information will be posted via the County’s online bidding system. Any interpretation of, or correction to, this solicitation shall be issued by the DPA. It is the responsibility of each Respondent to periodically check the County’s online bidding system to ensure that they have received and reviewed any and all addenda to this solicitation.

The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. If an addendum is issued, https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov https://procurement.opengov.com/portal/ocgov mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/ proposers must acknowledge the addendum via the County’s eProcurement Portal.

All questions or requests for interpretations must be received on Tuesday, April 22, 2025, before 2:00 pm as specified in the solicitation. Respondents are not to contact other County personnel with any questions or clarifications concerning this RFP.

The DPA will provide all official communication concerning this RFP. Any County response relevant to this RFP other than through or approved by the DPA is unauthorized and will be considered invalid.

C. Proposals must be valid for a period of at least three hundred sixty-five (365) calendar days from the closing date and time of receipt. No Proposal may be withdrawn after the submission date.

D. Each Respondent must submit their proposal electronically via the County’s eProcurement

Portal.

E. All pages must be numbered and identified sequentially by section. Proposals must be tabbed and indexed in accordance with the information requested in the Proposal Response

Requirements Section. It is imperative that all Respondents comply, exactly and completely, with the instructions set forth herein. All responses to this RFP shall be type written or word-processed (except where otherwise provided or noted), concise, straightforward, and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents, may be referenced in any response if the material is included in the same section as additional information.

F. Proposals are not to be marked as confidential or proprietary. The County may refuse to consider any Proposal so marked. All Proposals and supporting documents will be subject to the provisions of the California Public Records Act (California Code

Government Code 6250 et seq.) (PRA) and will be disclosed or withheld in accordance therewith. The County shall not be liable in any way for disclosure of any such records.

Additionally, all Proposals shall become the property of the County. The County reserves the right to make use of any information or ideas in the Proposals submitted.

Respondents should not request that certain information be treated as exempt, and statements in the Proposals should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Respondents have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to County pursuant to PRA or a subpoena for disclosure of such information.

G. Each Respondent shall exercise reasonable care and diligence to avoid submitting a

Proposal that could result in a conflict of interest if Respondent were to be selected. This obligation shall apply to the Respondent, the Respondent’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in Proposal. In the event Respondent has done work for the County on this Project in the past or has reason to believe that a conflict of interest may exist for Respondent in regard to this Project, Respondent should consult with its legal counsel prior to responding to this RFP. Any Respondent who is found to have an actual conflict of interest may have its Proposal rejected on that ground.

Respondent, its employees and/or consultants may be subject to the provisions of the

California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may be materially affected by services provided under this Contract, (2) prohibits such persons from making, or participating in making, decisions that could reasonably affect such interest; and (3) may require the filing a Statement of

Economic Interest (Form 700).

If subject to the Act, Respondent shall conform to all requirements of the Act. Failure to do so shall constitute a material breach and is grounds for immediate termination of the

Contract by County. Respondent shall indemnify and hold harmless County for any and all claims for damages resulting from Respondent’s violation of this Section.

H. By submitting a Proposal, the Respondent represents that it thoroughly examined the

County’s requirements, is familiar with the services required under this RFP and is qualified and capable of providing the services to achieve the County’s objectives.

I. Each Respondent must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications and/or exceptions must be clearly identified and listed separately as alternative items on additional information section for the County’s consideration as specified in the

Proposal Response Requirements Section, “Statement of Compliance.”

Note: Allow sufficient time to upload all required files. The County’s eProcurement Portal will not allow any uploads after the due date and time specified herein, e.g., if Part 1 and 2 uploaded successfully at 1:58:38 P.M. and Part 3 is in progress of being uploaded at 2:00:01

P.M., Part 3 will not upload successfully.

J. County reserves the right to request proposal revisions and hold discussions and negotiations with any Respondent as necessary to serve the best interests of the County.

Any Proposal may be rejected if it is conditional, incomplete or deviates from specifications in this RFP. The County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.

K. Pre-contractual expenses are not to be included in the Cost Proposal, Attachment B, Pricing and Compensation. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the Respondent in: a) preparing its Proposal in response to this RFP;

b) submitting that Proposal to the County; c) negotiating with the County any matter related to the Respondent’s Proposal; and d) any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the Contract.

L. Any Proposal may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFP. Failure to comply with the technical features and acknowledgment of receipt of addenda are common causes for holding a

Proposal nonresponsive.

M. Where two or more Respondents desire to submit a single Proposal in response to this solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture.

The County intends to contract with a single firm that may subcontract with multiple firms

(team) but not with multiple firms doing business as a joint venture.

N. County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.

O. The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your proposal/bid submission response.

P. The County requires a valid UEI number prior to Contract Award. Your company must obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a

UEI number, please indicate so in your proposal submission response.

Q. County reserves the right to: a) negotiate the final Contract with any Respondent(s); b) withdraw this RFP in whole or part at any time without prior notice (the County makes no representations that any Contract will be awarded to any Respondent responding to this

RFP); c) award its total requirements to one Respondent or to apportion those requirements among two or more Respondents; d) reject any Proposal if it is conditional, incomplete or deviates significantly from the services requested in this RFP; and/or e) request Best and

Final Offer from any Respondent determined to be within the competitive range. Unless requested by the County, late Best and Final Offers will not be accepted by the County for any reason. In addition, negotiations may or may not be conducted with Respondents.

Therefore, Proposals submitted shall contain the Respondent’s most favorable terms and http://www.dnb.com/ http://www.usfcr.com/ conditions, since the selection and award may be made without discussion with any

Respondent.

1.3 PROTEST PROCEDURES:

All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

A. The name, address, and telephone number of the protestor.

B. The signature of the protestor or the protestor’s representative.

C. The solicitation or contract number.

D. A detailed statement of the legal and/or factual grounds for the protest; and, E. The form of relief requested.

F. Protest of Bid/Proposal Specifications: All protests related to proposal specifications must be submitted to the Deputy Purchasing Agent, Johan DeWaal Rodriguez,no later than five (5) business days prior to the RFP Closing Date for proposals. Protests received after the five (5) business-day deadline will not be considered by the County.

In the event the protest of specifications is denied, and the protestor wishes to continue in the solicitation process, the protestor must still submit a proposal prior to the close of the solicitation in accordance with the proposal submittal procedures provided in this RFP.

G. Protest of Award of Contract: In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of intent award is provided by the DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

H. Protest Process

1. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the DPA renders a decision on the protest.

2. Upon receipt of a timely protest, the DPA will, within ten (10) business days of receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

3. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protestor’s right to the protest procedures outlined herein.

4. If the protestor disagrees with the decision of the, DPA the protestor may submit a written appeal to the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

I. Appeal Process

1. If the protestor wishes to appeal the decision of the DPA, the protestor must submit, within three (3) business days from receipt of the DPA’s decision, a written appeal to the Office of the County Procurement Officer.

Written appeals must be sent by mail to the address below with a courtesy copy by email;

County of Orange/County Executive Office

County Procurement Office

400 W. Civic Center Drive, 5th Floor

Santa Ana, CA 92701

Attn: County Procurement Officer

CPOAppeals@ocgov.com

2. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the appeal shall be forwarded to the Procurement Appeals Board.

3. The decision of the County Procurement Officer will be final and there shall be no right to any administrative appeals of this decision

1.4 EVALUATION PROCESS AND CRITERIA

Proposals deemed to meet all minimum RFP requirements will be scored based on the established criteria, and will be assigned points that measure the responsiveness to each identified criterion.

The total number of points earned will be tallied for each Proposal, based upon the Respondent(s) submitted written materials.

Proposals shall be evaluated by an Evaluation Panel of job knowledge experts on the basis of the responsiveness to the requirements in this RFP. The County may request clarifications, or otherwise verify the contents of the Proposal, including information about the Respondent, Contractors and sub-contractors. The County reserves the right to seek publicly available information about the Respondents.

mailto:CPOAppeals@ocgov.com

The scoring is based on evaluation of the Proposal as measured against the Scoring Criteria.

Proposals will be evaluated from the most advantageous to the least advantageous to the County.

*Please note: These minimum qualifications must be verified for the Proposal to be deemed responsive. Any Proposal may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFP.

Minimum Qualifications/Requirements: Respondent’s Proposal shall meet the following minimum requirements and qualifications to proceed to the evaluation and scoring process:

Proposer must meet the following minimum requirements listed below:

A. The Respondent/firm shall have a minimum of five (5) years of experience providing services to market, transport, track and sell organics material and operating organic material facilities.

B. The Respondent/firm shall have direct experience with providing services as specifically outlined in Scope of Work.

C. The Respondent/Firm shall have sufficient personnel with subject matter expertise and experience to fulfill Scope of Work.

D. Respondent shall submit proposal in accordance with the instructions provided in this

RFP.

E. Respondent's Proposal shall have a revenue sharing component wherein profits from the sale of organic material will be shared with County.

1.5 SELECTION/AWARD PROCESS

Upon the completion of the evaluation process, the Evaluation Committee will make a recommendation for an award to DPA. Final award determination shall be subject to reference checks and past performance and may be subject to approval(s) by the County Board of

Supervisors. In addition, County reserves the right to verify and validate any information prior to the Contract Award and during the entire term of the Contract.

The Model Contract contained herein this RFP is the Contract proposed for execution. It may be modified to incorporate negotiated items and other pertinent terms and conditions set forth in this

RFP, including special conditions and requirements and those added by addendum, necessary attachments, and to reflect Respondent’s Proposal and qualifications. Any additional exceptions to the terms and conditions made by any Respondent after submission of its Proposal may result in its elimination from further consideration.

Negotiations may or may not be conducted with the finalist(s); therefore, the Proposal submitted should contain Respondent(s) most favorable terms and conditions, since the selection and award may be made without further discussion or need for clarification. Any additional exceptions to the terms and conditions made by any Respondent(s) after submission of its proposal may result in elimination from further consideration.

If a satisfactory Contract cannot be negotiated in a timely manner, County, in its sole discretion, may terminate negotiations with the selected Respondent and begin negotiations with the next

Respondent.

Exceptions to the terms and conditions of the proposed Contract or the statements regarding

Respondent’s inability to comply with any of the provisions thereof are to be declared in the response to the RFP in the Section below titled: "PROPOSAL RESPONSE REQUIREMENTS" subsection titled: “Statement of Compliance”.

1.6 TITLE VI SOLICITATION NOTICE

The County of Orange, in accordance with the provisions of the Title VI of the Civil Rights Act of 1964 (78

Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, will be afforded full and fair opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

1.7 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE FORM

W-9 REQUIREMENTS

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide ERP System as an Auditor-Controller vendor, will be required to submit to County a federal Form W-9, or form W-8 for foreign vendors. County will inform

Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, DPA, or the agency/department deputy purchasing agent the required W-9 or W-8.

1.8 COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED

VETERAN BUSINESS ENTERPRISE (DVBE) PREFERENCE POLICIES:

A. OCLSB: Effective January 1, 2020, the Orange County Board of Supervisors adopted the

OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy and the development of the County’s tax base.

To be certified as a Local Small Business by the County of Orange, a business shall meet

(1) and (2) below:

1. Local Business requirements:

a. Maintains their principal center of operations (i.e. headquarters) within Orange

County, and;

b. Has:

i. a business address located in the County of Orange that is not a post office box, or

ii. a valid business license or certificate of occupancy issued by the County of

Orange or by an Orange County city, or other documentation acceptable to the

County of Orange.

2. Small Business Requirements:

a. Must be certified as a Small Business by the State of California Department of

General Services (DGS); and,

b. DGS Small Business requirements must be valid at the time of bid/proposal submittal.

B. DVBE: Effective January 1, 2021, County of Orange Board of Supervisors adopted the

DVBE Preference policy. The DVBE Preference policy supports local business opportunity, economy and the development of the County’s tax base, and in addition recognizes the service and sacrifice given by the men and women of our Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County of Orange, a business shall meet (1) and (2) below:

1. Must be certified as a DVBE by the State of California Department of General

Services (DGS); and,

2. DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To participate as an OCLSB and/or DVBE please read and follow the process outlined in

EXHIBIT Titled - COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CERTIFICATION

REQUIREMENTS.

SECTION 2. SCOPE OF WORK

2.1 GENERAL INFORMATION:

The County of Orange Waste and Recycling has three active landfills within county boundaries. Each landfill has a greenery where compost, mulch, and other Recovered

Organic Waste Products are produced. The Olinda-Alpha Landfill has the Valencia

Greenery located in Brea. The Frank R. Bowerman Landfill has the Bee Canyon Greenery located in Irvine. The Prima Deshecha Landfill has the Capistrano Greenery located in

San Juan Capistrano. This Landfill to Market revenue contract includes marketing, distribution, sales, logistics, and profit-sharing components as included below.

ON-GOING SALES AND MARKETING

• Vendor will develop and implement a phased marketing program for OCWR Greenery

Material to reach full buildout over a phased (2-3 year) approach. Phased marketing should align with OCWR buildout and increase of incoming feedstock over 3 year period.

o Vendor will leverage both its own sales and marketing resources as well as existing

OCWR resources.

• Vendor will actively market and sell the finished organic products produced at the

OCWR Greenery Compost Facilities. It is estimated OCWR will have about 100-1,000 tons per month available for selling through this program (inclusive of all 3 OCWR

Greenery Facilities).

o Products shall be marketed, sold and sale records kept per Senate Bill (SB) 1383

Procurement Requirements.

• Vendor will manage and track customer invoicing and collections for any sales made by

Vendor.

• Logistics and/or transportation support for Vendor’s sales will be Vendor’s responsibility.

• Vendor will provide OCWR with monthly sales reports that meet SB 1383 Procurement requirements and shall include but not limited to customer name, address, product name/description, potential product use, date of sale/procurement, and quantity (in tons).

Vendor shall modify any reports as required by future legislation.

• As part of its ongoing sales and marketing efforts for OCWR Greenery material, Vendor will:

o Develop a logistics network to reduce freight costs.

o Continually develop sales programs to create sustainable markets.

o Establish sustainable market outlets for finished products, including strategic agricultural networks.

o Offer expertise on compost application, agronomy, and general agriculture as needed to support the sales process.

ONGOING OPERATIONAL INPUT AND RECOMMENDATION RESPONSIBILITIES

• Vendor will provide ongoing input and recommendation regarding operations at OCWR

Greenery Compost Centers o This input shall include but not be limited to providing knowledge, technical expertise, and experience related to composting operations, composting technologies, equipment, logistics, and other applicable support to assist with increasing the marketability of OCWR products and increase operational efficiencies.

• Vendor will also offer on-site operational support as needed at OCWR’s three Greenery

Facilities.

DEVELOPMENT OF A WORK PLAN

Vendor shall develop a work plan to include the Initial Work Plan as described below:

Initial Workplan Requirements

Initial Work Plan shall include at a minimum the below step and outline the framework and steps necessary for OCWR to significantly increase the throughput of the finished compost products at its facilities through a phased (2-3 year) approach, while ensuring consistent, high-quality, and clean compost production. Vendor will provide operational guidance and manage finished compost removal to maintain optimal material mass balance.

1. Operational Review Plan

• Key Personnel Assessment o Vendor will meet with key operational personnel to evaluate roles and responsibilities at the OCWR facilities. We will recommend adjustments to personnel assignments as needed.

• Detailed Operations and Process Review o A comprehensive examination of current operations and processes will be conducted. This review aims to:

▪ Provide observations and equipment recommendations to enhance operational efficiency and facilitate ramp-up to full capacity.

▪ Develop process flow documents to illustrate recommendations.

• Quality Assurance and Control (QAQC) Plan o To ensure a high-quality product, Vendor will develop a QAQC Plan addressing:

▪ Strategies to reduce contamination

▪ Stability measures

▪ Consistency checks

• Operations Plan Development o Vendor will actively contribute to the development of an operations plan, emphasizing safety, compliance, and efficiency.

o Recommended process flow and capacity considerations.

2. Product Sales

• Volume Assessment and Collaboration o Vendor will work closely with OCWR to determine the necessary volumes required for external distribution.

• Revenue/Profit Sharing Forecast

• Compost Removal and Sales o Vendor will facilitate the collection and sale of the remaining balance of compost produced.

o Bulk material is the only product included in this RFP; bagged or wattle material is not included, as well as utilization of OCWR bagging equipment.

3. Ongoing Support

• Routine Site Visits o Vendor will conduct regular site visits to review the QAQC Plan and provide feedback on product and operational recommendations to assist in organics material quality, and facility/operational improvements.

4. Carbon Credits

• Any use of OCWR material on Agriculture and/or carbon farms that result in Voluntary

Carbon Credits (VCC) that meet VERRA VM 42 standards shall be provided to the

County (OCWR). Contractor shall provide all required documentation and VCC certifications to OCWR.

OCWR Greenery Facility Locations

A. Valencia Greenery at Olinda Alpha Landfill

1942 N. Valencia Avenue

Brea, CA 92823

B. Bee Canyon Greenery at Frank R. Bowerman Landfill

11002 Bee Canyon Access Road

Irvine, CA 92602

C. Capistrano Greenery at Prima Deshecha Landfill

32250 Avenida La Pata Avenue

San Juan Capistrano, CA 92675

SECTION 3. WRITTEN PROPOSAL SCORING FORMAT

3.1 PHASE 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Approach and Understanding of the Scope of

Work

• Clear understanding of the Scope of

Work objectives.

• Proposed approach to market and transport organic material as defined in the Scope of Work and Initial

Work Requirements in Exhibit A.

• Strategic approach to meeting all sales, marketing and record keeping requirements.

Points Based 200 (28.6% of Total)

2. Key Personnel and Vendor Assessment

• Vendors experience in the industry, marketing, selling, and transporting organic materials and vendors required experience.

• Key vendor personnel have knowledge and industry experience.

Points Based 100 (14.3% of Total)

3. Sales, Marketing, and Revenue Share

• Vendors ability to develop and implement a phased marketing program for OCWR Greenery

Material to reach full buildout over a phased two to three (2-3) year approach.

• Vendors ability to leverage its own sales and marketing resources as well as existing OCWR resources.

• Vendors marketing cost and revenue sharing arrangement.

Points Based 200 (28.6% of Total)

4. Tracking, Logistics, Managing Customer

Invoices and Collections

• Capability to plan, organize, monitor, and provide required support services in a cost effective, competitive manner.

• Capability to provide quality assurance/quality control, cost and schedule control.

• Vendors ability to provide logistics to move and manage outbound flow of material.

• Ability to track sales and outbound flow of material per SB 1383 record keeping standards.

Points Based 100 (14.3% of Total)

5. Overall Quality and Cost Proposal

• Responsiveness to requirements of the

RFP.

• Overall quality of the proposal submitted (Clear, concise, professional, thorough)

Points Based 100 (14.3% of Total)

3.2 PHASE 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Presentation/Interview Scoring Format: 300 points maximum:

County reserves the right to conduct, or to not conduct, oral interviews and/or presentations with the highest-scored Respondent(s). The decision whether to conduct oral interviews/presentations rests solely with

County and the decision of the DPA is final.

Respondents shall be ready to attend interview within five (5) calendar days of notification. Any inquiry to determine the responsibility of a

Respondent to this RFP may be conducted.

Respondent agrees that the submission of a

Proposal is permission by Respondent for

County to verify all information contained therein. If County believes it necessary, additional information may be requested from

Respondent. The County may also send written questions and ask for written responses within five (5) business days. Failure to comply with any such request may disqualify a Respondent from further consideration. Respondents must be prepared to discuss all aspects of their proposal in detail, including technical questions.

Respondents will not be allowed to alter or amend their Proposal through the use of the presentation process.

NOTE: If interview/presentations are not conducted, the Written Proposal shall account for 700 total points of the scoring.

Points Based 300 (100% of Total)

SECTION 4. PRICING AND COMPENSATION

4.1 COMPENSATION:

This is a usage Contract between County and Contractor to provide Landfill to Market revenue contract that includes marketing, distribution, sales, logistics, and profit-sharing components to bring ready to use compost, produced at the Valencia, Bee Canyon, and Capistrano Greeneries of the County of Orange Landfills. as set forth in the Scope of Work Section.

(SUBJECT TO CHANGE UPON REVIEW OF CONTRACTOR'S PROPOSAL)

The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the

Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with the County Contract

Terms and Conditions, which may require approval by the County Board of Supervisors.

4.2 BOARD OF SUPERVISORS APPROVAL:

Approval by the Board of Supervisors is required for all service contract contracts where for any year of the contract, the annual value to any one contractor exceeds $200,000

Approval by the Board of Supervisors is required for all service contracts where the total contract value exceeds or is anticipated to exceed $1,000,000 when all contract years are taken into consideration for multi-year contracts

4.3 PRICE INCREASE/DECREASES:

No price increases will be permitted during the first year/term of the Contract. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 180 days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to the County of Orange. The County may enforce, negotiate, or cancel escalating price

Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed.

4.4 FIRM DISCOUNT AND PRICING STRUCTURE:

Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. The contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.

If the Contractor is unable to supply the services under the terms of the Contract, then the

Contractor shall provide proof of such disruption and a copy of the invoice for the services from the Contractor’s supplier(s). An additional profit margin as a result of supplying services during an emergency or a declared disaster shall not be permitted.

4.5 CONTRACTOR’S EXPENSE:

The Contractor will be responsible for all costs related to photocopying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

4.6 PAYMENT TERMS: PAYMENT IN ARREARS

Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.

Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse

County of Orange for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.

Payments made by County shall not preclude the right of County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

4.7 PAYMENT – INVOICING INSTRUCTIONS:

Compensation to the County to be determined after monthly revenues and expenses are calculated to give a net income. Because the nature of the RFP is to establish a new contract, the rate to which payments to the County is to be determined upon the evaluation of the panel member of received bid for the RFP solicitation.

Payment Terms: Payments are due no later than 30 days after pick up of the Bin/Containers and shall be made payable to the County of Orange Waste and Recycling.

Payments must include supporting documentation on Contractor’s letterhead:

1. Revenue Contract Number (MA-299-2501xxxx)

2. Breakdown

a. County location address where Compost was collected;

b. The dates materials were collected;

c. Total Per Gross Ton weight per site*

d. Weight ticket number associated with the Compost picked up at each site*

e. The pounds/gross ton weight of Compost each County landfill for each date collected*

f. The number and type of Bin/Container(s) (example: one 40-yard roll-off container)

g. Type of Transportation Pick Up used for each collection (example: double roll-off)

h. If a load is reduced by weight, an explanation and picture of the load must be attached to the electronic submission of the report*

3. Contractor’s Expenses:

a. All Associated Expenses (with corresponding expense reports)

4. Contractor’s Revenue

a. Report of all invoices and collected revenues

5. Net Income Amount (Expenses – Revenue)

6. Net Income Amount multiplied by contracted profit-sharing rates

7. Total price payable to County

County Landfill scale house uses Net Ton (2,000 lbs.). Contractor shall provide scale conversion, if necessary.

Invoice and support documentation are to be forwarded to:

OC Waste & Recycling

Attn: Accounts Payable

Email: ocwrinvoice@ocwr.ocgov.com

TBD to reflect negotiated Pricing Proposal as submitted by Proposer

4.8 ELECTRONIC FUNDS TRANSFER (EFT):

County of Orange offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County of Orange via an EFT Authorization Form. To request an EFT form, please contact the DPA.

mailto:ocwrinvoice@ocwr.ocgov.com

SECTION 5. VENDOR RESPONSES

Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. Proposals are limited to 45 single sided pages. Response to Part 1 and

Part 2 will not count against the 45-page limit. All items listed in Part 3 will count against the page limit, no exceptions.

Note: Proposals that exceed the page limit noted above may be disqualified from further consideration.

Proposals must be electronically organized into three (3) sections and must be indexed in the order outlined below. List questions and your responses and/or attachments as numbered and listed within each section.

5.1 COMPLIANCE STATEMENTS (PART 1)

Some *required questions might not be applicable to your company. Do not leave any required fields blank. Please indicate "N/A" when necessary. A required field that is left blank will prohibit your response from being submitted.

*indicates that it is required.

5.1.1 Validity of Proposal *

The County requires that all Proposals be valid for at least three hundred sixty-five (365) calendar days. Submissions not valid for at least three hundred sixty-five (365) days will be considered nonresponsive. The Respondent shall state the length of time for which the submitted Proposal shall remain valid below:

Please state 365 calendar Days if your proposal will be valid for that period of time. If your proposal will be valid for a different period of time please list the appropriate number of calendar days.

Maximum response length: 100 characters

*Response required

5.1.2 Certification of Understanding *

The County assumes no responsibility for any understanding or representation made by any of its officers, employees or agents during or prior to the execution of any Contract resulting from this solicitation unless:

A. Such understanding or representations are expressly stated in the Contract; and

B. The Contract expressly provides that the County therefore assumes the responsibility.

Representations made but not expressly stated and for which liability is not expressly assumed by the County in the Contract shall be deemed only for the information of the Respondent.

Respondent certifies that such understanding has been considered in this response.

☐ Please confirm

*Response required

5.1.3 Minimum Qualifications/Requirements Statement*

Respondent shall certify that it meets all minimum qualifications and requirements set forth herein.

☐ Please confirm

*Response required

5.1.4 Certificate of Insurance *

The Respondent shall certify its willingness and ability to provide the required insurance coverage and certificates as set forth in the Model Contract.

☐ Please confirm

*Response required

5.1.5 W-9 Requirements *

The Respondent shall certify its willingness and ability to provide W-9 Requirements as indicated in this RFP (will obtain at the time of award).

☐ Please confirm

*Response required

5.1.6 Department of the Treasury, Internal Revenue Service Form W-9 Requirements

Effective June 3, 2006, all Contractors, entering into a Contract with County, who are not already established in Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to County a federal Form W-9, or form W-8 for foreign vendors. County will inform Contractor, at the time of award, if the Form W-9 or W-8 will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to Contract administrator, DPA, or the agency/department deputy purchasing agent the required W-9 or W-8.

You may upload the appropriate form here or comply within the ten (10) days as described above.

5.1.7 Conflict of Interest *

Respondent must certify and select option 1 or 2 below:

A. Respondent certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. Disclose any financial, business or other relationship with the County, any other entity that the County Board of Supervisors governs, or any County Board member, officer or employee, which may have an impact, affect or influence on the outcome of the services you propose to provide. Provide a list of current clients, employees, principals or shareholders (including family members) who may have a financial interest in the outcome of services you propose to provide.

B. Disclose any financial, business or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work.

2. Respondent certifies that no relationships exist/existed as outlined in item 1 above.

☐ Respondent certifies current/past financial, business or other relationship(s) with the County exist/existed as follows.

☐ Respondent certifies that no relationships exist/existed as outlined in item 1 above.

*Response required

5.1.8 Statement of Compliance*

A statement of compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP.

• Yes: This response is in strict compliance with said RFP, including, but not limited to, the terms and conditions set forth in the Contract and its Attachments, and no exceptions thereto are proposed.

• No: If there are any proposed exceptions, Respondent shall answer "No" to this question and proceed to attach a list any and all exceptions in accordance with the instructions provided after "No" is selected.

☐ Yes

☐ No

*Response required

When equals "No"

5.1.9 Attachment for each proposed exception must include:*

A. The RFP page number and section of the provision Respondent is taking exception to;

B. The complete provision Respondent is taking exception to;

C. The Respondent’s suggested rewording;

D. Reason(s) for submitting the proposed exception; and

E. Any impact the proposed exception may have on cost, scheduling, or other areas.

*Response required

5.1.10 Non-Collusion Affidavit*

Each Respondent must execute the Non-Collusion Declaration contained in the RFP and submit it with the Proposal.

The County of Orange may require that the Respondent, before awarding any subcontract, secure

Non-Collusion Declarations from proposed Subcontractors. The County of Orange does not conduct business with Respondents who engage in the act of Collusion.

• Non-Collusion_Affidavit.docx

*Response required

5.1.11 Non-Collusion Declaration - A*

Has your firm ever initiated discussions with competing consulting firms about the payment structure of an existing or potential future contract with the County of Orange? Respondent must select one (1). If Respondent selects Yes answer, Respondent must provide a brief explanation below. A “Yes” answer may preclude you from moving forward in the RFP

Process. Respondent must certify both questions below:

☐ Yes

☐ No

*Response required

When equals "Yes"

5.1.12 Reason for Collusion:*

*Response required

5.1.13 Non-Collusion Declaration - B*

If not, has your firm participated in any discussions with competing firms in an effort to influence the payment structure for existing or potential County contracts? Respondent must select one (1).

A “Yes” answer may preclude you from moving forward in the RFP Process.

☐ Yes

☐ No

*Response required

When equals "Yes"

5.1.14 Provide names of competing firms: *

*Response required

5.1.15 Litigation against County of Orange in the past seven (7) years*

Respondent must certify either Yes or No:

A. (Yes) Respondent certifies current/past litigation as follows:

1. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a…