Final_Q_and_A_for_publishing_Amendment_3.pdf

RFP U00P5600172 – PFAS Firefighting Foam Pickup and Disposal Questions and Answers

1. Can you please provide the AFFF concentrate and rinsate volumes for each department that has reported materials for pickup?

a. The information for each fire department and their rinsate volumes is not fully known. Detailed information will be provided upon commencement of the work.

2. Regarding 2.3.4.3 – will MDE use the EPA’s PFAS Disposal Guidance Document that was released in April of 2024 to evaluate what disposal methods would be considered acceptable by the EPA?

a. The April 2024 EPA guidance document is out for public comment currently.

Maryland has its own unique guidelines which will not only help us to achieve our goals, but also to comply with the EPA’s 2024 minimum requirements.

The Offeror should submit their disposal method in their proposal and MDE will determine if the method aligns with the appropriate technologies for managing the destruction and disposal of Class B fire-fighting foam that contains intentionally added PFAS chemicals and satisfies an acceptable destruction efficiency. As stated in the RFP, disposal of these materials in a landfill or their incineration in Maryland is not allowed by the statute.

3. Who will be designated as the generator of record for the materials that are taken away for disposal?

a. The Offeror has the responsibility to report to the Contract Monitor designated by MDE. If more details are needed, please refer to Section 2.4.1.1 in the RFP.

4. How is MDE viewing the liability associated with disposing of PFAS materials?

a. MDE does not assume liability for disposing of the Class B fire-fighting foam that contains intentionally added PFAS chemicals. The Offeror must comply with acceptable disposal methods.

5. What is the level of concern for PFAS being disposed of in underserved and disadvantaged communities?

The disposal of Class B fire-fighting foam that contains intentionally added PFAS chemicals using incineration, including by burning, combustion, pyrolysis, gasification, thermal oxidation, acid recovery furnace or oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace boiler, and process heater is prohibited by law in Maryland. The disposal of this material in a Maryland landfill is also prohibited.

6. Will all PFAS disposal methods carry the same value in MDE’s evaluation process?

a. Since disposal methods vary, some processes are more effective than others on certain products. However, Maryland Article 6-1604 prohibits Class B fire-fighting foam that contains intentionally added PFAS chemicals from being incinerated or placed in a landfill

7. How would permanent destruction of Class B fire-fighting foam that contains intentionally added PFAS chemicals that come with a certificate, documenting that the PFAS has been destroyed and includes EPA method 1633 PFAS data from post-processing, be valued by MDE?

a. Maryland uses EPA Method 1633 to do various tests, this would be helpful but may not carry greater weight in reviewing the technical proposal. In addition, MDE has a regulatory compliance system in place capable of monitoring and auditing the deliverables provided. Deliverables shall meet minimum acceptance criteria as outlined in RFP Section 2.4.

8. How will the transportation distance from Maryland to the location where the PFAS-impacted materials are disposed of be considered?

a. Current regulations prohibit Class B fire-fighting foam that contains intentionally added PFAS chemicals from being disposed of in Maryland.

MDE understands that distance will be a factor in the disposal price. Offeror must comply with the law(s) and regulations of the state(s) in which disposal will occur.

9. MBE Subcontracting Goals: The document lists sub-goals:

• 3% Asian American MBEs

• 2% Hispanic American MBEs

• 10% Woman-Owned MBEs

• 0% African American MBEs

Are these subgoals mandatory or aspirational?

a. The sub-goals are mandatory.

10. If a Proposer cannot meet the exact breakdown but exceeds 25% overall with MBE-certified firms, will that be acceptable via an MBE Utilization Waiver?

a. The Offeror must submit a waiver for the portion of the sub-goal that they cannot meet even if they exceed the overall goal.

11. What NAICS codes are applicable or expected for this scope of work? Typically, this type of work is performed under NAICS Codes 562910 and/or 541620. Can a Contractor with an MBE under one of the following NAICS codes be considered:

a. 541330

b. 541618

c. 541620

d. 541690

e. 541990

f. 562910

a. The MBE subcontractor must be certified in the category of work that the Prime Offeror is submitting that they will perform.

12. If the prime Contractor is a joint venture and the managing member is MBE-certified, can all the joint venture work be counted toward the goal and subgoals?

a. Only their prime MBE share of the joint venture will count toward the goal and sub-goals. A portion of the prime Offeror that is not MBE will not account for MBE participating goal and sub-goals.

13. How is business size determined for MBEs under this solicitation? Specifically, is the size standard based on NAICS codes, gross receipts, employee count, or another method?

a. Minority businesses are certified by the Maryland Department of Transportation. Those determinations are made at the time of certification.

The size of the firm Is not part of the solicitation process for MBEs.

14. We respectfully request a two-week extension to the proposal due date following receipt of all responses to Contractor questions.

a. An extension has been published on eMMA as Amendment 2. A further extension will be a part of this Amendment 3 due to the time taken to answer questions.

15. Will questions answered during the pre-proposal conference be provided?

a. Preproposal conference information was published on eMaryland Marketplace Advantage (eMMA) as Amendment One (1).

16. Would it be possible to share any information regarding the yearly budget allocated for this project? If unable to fully disclose, would you be able to provide any general guidance or parameters as it pertains to the overall two-year budget for this project?

a. MDE does not share budget information. A determination is made as to what the most advantageous offer is based on technical and financial evaluations.

The pricing proposed should reflect a reasonable value for the work involved in performing the service.

17. Would it be possible for you to share any information regarding the budget allocated for this project? If unable to fully disclose, would you be able to provide any general guidance or parameters (relative order of magnitude) as it pertains to the independent government estimate to complete the work?

a. Please refer to the answer to question 16 above.

18. Section 2.2.3 states that “Scheduling of pick-ups will be coordinated between MDE and the Contractor and may be subject to specific Work Orders.” Does this mean that for each of the requested pick-ups that the Contractor will provide a cost proposal to obligate the funding under the Work Order? If so, how will the pricing for each Work Order be determined? The cost structure provided in Attachment B-1 does not reflect the numerous potential pick up locations, means and methods of loading the various (potential) container sizes, variable volumes of fluid and/or solids, variable conditions of containers, etc.

a. MDE will work with the Offeror and fire station to schedule the pick-up of the

Class B fire-fighting foam that contains intentionally added PFAS chemicals.

The work order shall contain the details for the pickup specific to the location.

Pricing of the work order shall not exceed the pricing in the financial proposal submitted. Locations vary in the size of the containers, volumes and materials. It is not possible to capture each distinction in the pricing proposal.

Please refer to the revised pricing proposal provided as part of Amendment Three (3).

MDE understands that this RFP and subsequent contract may not be sufficient to collect the entire inventory of Class B fire-fighting foam that contains intentionally added PFAS chemicals throughout the state of

Maryland. Work order details are found in Section 3.6 of the RFP.

Amendments to Section 3.6 have been published with this Q & A amendment.

19. Section 2.2.4 states that “MDE possesses information concerning the location, means of storage, volume, and condition of the containers from fire departments across Maryland, which is available to Offerors as Appendix 3 in this RFP.”

Appendix 3 does not provide the details referenced in Section 2.2.4, specifically and most importantly, the means of storage, volume, and condition of containers. Please update Appendix 3 providing the means of storage, volume, and condition of containers for each facility.

a. When fire departments request pick-ups, they will be responsible for providing MDE with all the information needed, including the contact person’s information, description of material, photographs, including labels if possible, and if the material is stored at a location(s) other than the fire station, the address(es).

20. Section 2.3.4 states that “The Contractor shall track and report expenditures, and coordinate pick-ups with the Contract Monitor so that the funds allocated are not exceeded.” Does this mean that each Work Order will be awarded on a cost-plus, time and materials, or cost-reimbursable basis?

a. Pricing for work orders may not exceed the pricing proposed in the financial proposal. The state prefers a fixed price. The work order section 3.6 has been updated and provided with this amendment. Offeror may not exceed the maximum Contract value awarded.

21. How will the financial factor be evaluated? The current bid sheet included as

Attachment B-1: Financial Proposal does not provide detailed criteria as to the level of effort, pick up location, type and number of containers, sizes/volume of containers, container contents, conditions of containers, etc. These assumptions appear to be up to the Offeror. We suggest Attachment B-1: Financial Proposal be amended to include a menu of pricing reflecting all potential waste types (solids/fluids) and container types, volumes, and conditions to allow for “apples to apples” cost comparisons between Contractors. If pricing is requested as Work Orders, we suggest that a Sample Task(s) be provided requiring a response that allows the MDE to accurately evaluate the cost component proposals from Offerors?

A Sample Task would also provide an Offeror the opportunity to present their technical approach (and allow the State to evaluate) how they would address a specific Work Order.

a. Please refer to the revised pricing proposal provided as part of Amendment 3.

Estimated quantities are for evaluation purposes, actuals cannot be determined in advance. The number of containers containing mixed materials is not determined. MDE cannot account for all conditions or possibilities that could occur for this RFP. A sample work order is also included in Amendment Three (3).

22. Section 2.4 of the RFP lists several required deliverables associated with each of the Work Orders. In addition to those listed, are there any pre-work submittals and/or deliverables required outside of the Work Plan requested as part of the technical response to this proposal such as a Quality Control Plan, Project Management Plan, Health and Safety Plan, etc.?

a. The Offeror detailed Work Plan shall contain all information associated with performing the service. The Offeror should address quality control, project management, and health and safety as part of the response. Detailed proposals that address and demonstrate an understanding of the work requirements receive higher rankings in the Technical Evaluation. Refer to Section 6.2 Technical Proposal Evaluation Criteria.

23. Section 2.5.2 states that personnel experience is not applicable to this RFP.

However, Section 6.2.3 states that the Technical Proposal Evaluation Criteria will include the experience and qualifications of the proposed staff. Please confirm that the Technical Proposal shall include the requisite evaluation criteria.

a. Section 2.5.2 has been amended to include personnel requirements.

Offerors are required to provide capabilities of subcontractors and other personnel.

24. Section 2.5.2 indicates "Personnel Experience" is inapplicable, but Section 2.6 references Key Personnel requirements. Are we required to name Key Personnel in the proposal (Tab G)?

a. MDE does not require key personnel. Offerors should review the amended Section 2.5.2 and provide qualifications of personnel submitted.

25. This Contract is being solicited for an award of a two-year base period and one optional year. The services requested, that include transportation and PFAS/AFFF disposal, are subject to significant and unpredictable price escalation and are highly dependent on transportation (i.e., cost of fuel), disposal facility acceptance criteria and capacity, and applicable regulations. How will cost increases that are out of Offeror control be addressed should they arise?

a. Increases that are out of the Offeror’s control shall be addressed as they occur. State Contract pricing is for the term of the Contract and can only be amended in writing with the proper approvals, including the Maryland Board of Public Works, if applicable.

26. Please confirm that all waste (solids/fluids) requiring disposal were not generated during fire suppression and were not mixed with any other regulated waste(s) (e.g., petroleum, cleaning chemicals, solvents, etc.).

a. MDE is not “responsible” for the Class B fire-fighting foam that has been contaminated by other chemicals. The law establishing the take back program requires MDE to take back and properly dispose of the foam upon request from a fire department. MDE’s selected Contractor would be “responsible” for the pick-up and proper disposal of such. However, it is the responsibility of the fire department to dispose of any Class B fire-fighting foam that has been contaminated by other chemicals.