ITN 2024016 - Solicitation Document.pdf

Invitation to Negotiate (ITN)

For

Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

ITN 2024016

Procurement Officer:

Kimberly Bowling

Purchasing Analyst, Department of Environmental Protection

Bureau of Procurement & Contracting Services 3800 Commonwealth Blvd., MS #93

Tallahassee, FL 32399-3000 Email: Kimberly.Bowling@FloridaDEP.gov

ITN 2024016

Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

Rev. 3/15/24

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Questions and Facts Being Explored

1.4 Goals of the ITN

1.5 Anticipated Contract Term & Renewals

1.6 Definitions

1.7 Draft Contract

1.8 Procurement Officer

1.9 Special Accommodations

1.10 Timeline of Events

1.11 List of Attachments and Forms

2 ITN Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the ITN

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the ITN

2.7 Contract Formation

2.8 Disclosure of Response Contents

2.9 Withdrawal of Responses

2.10 Administrative Cure Process

2.11 Clarification Process

2.12 Information from Other Sources

2.13 Firm Response

2.14 Right to Reject

2.15 Cancellation, Non-Award, and Withdrawal

2.16 Misrepresentations

2.17 Licensure & Registration

2.18 Replacement and Alternate Responses

2.19 Exclusivity

2.20 Diversity

2.21 Bid Protests

3 Response Instructions

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

3.2 Pre-Response Conferences and/or Site Visits

3.3 Submission of Responses

3.4 Response Content Requirements

3.5 Economy of Presentation

3.6 Confidential Response Materials and Redacted Submissions

4 Scope of Work

4.1 Scope of Work

4.2 Definitions

4.3 Contractor Responsibilities

4.4 Enforcement

5 Evaluation Criteria

5.1 Evaluation of Volume I, Past Performance

5.2 Evaluation of Volume II, Technical Response

5.3 Evaluation of Volume III, Rate Schedule

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Negotiations

6.1 Selecting Respondents for Negotiations

6.2 Negotiations Process

6.3 Respondent Attendance

6.4 Revised Replies and Best and Final Offers

6.5 Other Department Rights During Negotiations

6.6 Negotiation Meetings Not Open to the Public

6.7 Confidential Information

6.8 Department’s Negotiation Team Recommendation

7 Award

7.1 Basis of Award

7.2 Award Preferences for Equal Scores (Ties)

7.3 Recommendation of Award

7.4 Posting of Decision

7.5 Execution of Contract

7.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department) hereby issues this Invitation to Negotiate (ITN) to contract for Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee. The Solicitation will be administered through the Vendor Information Portal (VIP).

Respondents interested in submitting a Response must comply with all of the terms and conditions described in this ITN.

1.1 Solicitation Objective

The Department intends to enter into a contract using the Attachment 1, Draft Contract, for Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee, hereby incorporated by reference. The Department intends to make multiple awards. The Department reserves the right to award to one Respondent or multiple Respondents, or to make no award, as determined to be in the best interest of the State.

1.2 Background and Program Information

Harmful Algal Blooms (HAB)s result from complex ecological processes that are affected by a variety of factors including nutrient and light availability, water temperature, weather patterns, limnological effects, and competing microorganisms. Due to climate and land use pressures, HABs are increasing in frequency and intensity within Lake Okeechobee. The Department has determined that nutrient removal from Lake Okeechobee is an important control method to investigate to reduce the frequency, duration and extent of future algae blooms and is consistent with the Department’s purpose and scope for this ITN. Historically, Lake Okeechobee has experienced recurrent Harmful Algae Blooms (HAB). Most species of algae are not harmful, but sometimes certain types of bloom in excessive amounts can cause harm. Toxic issues have revolved around extreme blooms of the cyanobacteria Microcystis aeruginosa.

In addition to creating dense surface mats that clog waterways that give off noxious odors and potentially cause hypoxia/anoxia events, M. aeruginosa blooms produce microcystins, potent hepatotoxins that have been linked to skin disease, respiratory distress, liver damage and liver cancer in both animals and humans (e.g. Dawson 1998; Carmichael 2001). Even though they are classified as bacteria, cyanobacteria exhibit characteristics of algae and are therefore associated with HABs.

1.3 Questions and Facts Being Explored

Through this solicitation, the Department will explore the experience and capabilities of Respondents, as well as prospective solutions and associated costs. The Department seeks to elicit facts about such experience and capabilities to determine the following:

a) How can treatment to sediment and/or the water column in Lake Okeechobee to remove nutrients be implemented to combat harmful algal blooms?

b) Can reducing available/ambient Total Phosphorus (TP) and Total Nitrogen (TN) within Lake Okeechobee be achieved?

c) What is a safe and effective methodology for removal of available/ambient total phosphorus (TP) and total nitrogen (TN) load from the sediment and/or water column within Lake Okeechobee?

1.4 Goals of the ITN

The goal(s) of this ITN are to determine the best method for achieving the specific goals set forth below and to identify one or more responsible and responsive vendors with which the agency may negotiate in order to receive the best value, as determined by the Department. The specific goals of the Department are as follows:

• To identify and select one or more vendors within the competitive range, as determined solely by the Department, with which to commence negotiations.

• To award a contract(s) to responsible and responsive Respondents that the Department determines, in its sole discretion, will provide the best value to the State.

• To identify and implement treatment methods to remediate harmful algal blooms within Lake Okeechobee by reducing available/ambient Total Phosphorus (TP) and Total Nitrogen (TN) in the sediment and/or water column.

• To assess management alternatives for nutrient reduction within Lake Okeechobee to inform future treatment.

• Provide HAB intervention techniques that work and identify each techniques strengths and weaknesses.

1.5 Anticipated Contract Term & Renewals

The initial term of the Contract will be three (3) year(s) with up to three (3) renewal year(s). At the discretion of the Department, the Contract may be renewed subject to the terms and conditions specified in the Contract.

1.6 Definitions

The “General Contract Conditions” Form PUR 1000 (PUR 1000) and “General Instructions to Respondents” Form PUR 1001 (PUR 1001), found in Rule 60A-1.002, Florida Administrative Code (F.A.C.), are hereby incorporated by reference and can be accessed at:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms

The following definitions apply to this ITN:

Best Value - The best overall value to the State based on objective factors that include, but are not limited to, price, quality, design, and workmanship. Synonymous with greatest overall value.

Business Days - Monday through Friday between the hours of 8:00 AM and 5:00 PM, inclusive, except for State government holidays.

Confidential Information - Any documents, data, or records that are confidential and not subject to disclosure pursuant to Chapter 119, Florida Statute (F.S.), the Florida Constitution, or any other authority.

Contract - The agreement that results from this competitive procurement, if any, between the Department and the Contractor.

Contractor(s) - The Respondent(s) that will be awarded a Contract pursuant to this Solicitation.

Respondent – an entity that submits a Response to this ITN.

State - The State of Florida.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Rev. 3/15/24

1.7 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this ITN in accordance with the terms, conditions, and Scope of Work detailed in the Draft Contract. All Respondents should carefully review the Draft Contract prior to submission of a Response. Any questions related to the Draft Contract should be submitted as a formal question in accordance with the instructions contained in this ITN.

1.8 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this ITN from the date of release until an Agency Decision is posted on the VIP. Violation of this provision may be grounds for rejecting a Response.

Refer ALL inquiries in writing to the Procurement Officer by email. Responses to timely questions posed to the Procurement Officer will be posted on the VIP at https://vendor.myfloridamarketplace.com/ in accordance with Section 2.3.1.2 below.

The Department will not talk to any Respondents or their agents regarding a pending solicitation.

Questions will NOT be answered via telephone.

1.9 Special Accommodations

Any person requiring a special accommodation due to a disability should contact the Department’s Procurement Officer. Requests for accommodation for meetings must be made at least five (5) Business Days prior to the meeting.

1.10 Timeline of Events

The following schedule will be strictly adhered to in all actions relative to this Solicitation. The Department reserves the right to modify this schedule and will notify participants in the Solicitation by posting an addendum to this Solicitation on VIP. It is the responsibility of the Respondent to check VIP on a regular basis for such updates.

Event Date Time* Location/Method

ITN Advertised 3/26/24Cli ck or tap to enter a date.

N/A Vendor Information Portal

Questions Due 4/9/24 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

4/23/24 Vendor Information Portal

Replies Due 5/13/24 3:00 PM

Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000

Public Opening 5/14/2024 10:00 AM Teleconference by calling 888.585.9008 https://vendor.myfloridamarketplace.com/

Rev. 3/15/24

Conference Room Number 617.871.258 The number will be active 5 minutes before the meeting.

References Contacted Between: Telephone and/or Email 5/15/24 5/21/24

Anticipated Evaluation Phase 5/22/2024 - 7/14/2024 Evaluation Team Members to begin evaluations individually.

Informational Notice Regarding Negotiations

TBD Vendor Information Portal

Negotiations Process (Anticipated Date)

Between:

TBD

Location and or Meeting Format To Be Determined

BAFO Due Date TBD Award Recommendation Meeting (Anticipated Date)

TBD

Posting of Intent to Award (Anticipated Date)

On or about:

TBD Vendor Information Portal

*All times are Eastern Time Zone.

1.11 List of Attachments and Forms

The Attachments, Exhibits, and Forms below are incorporated by reference. Copies of these documents are available in the VIP advertisement that accompanies the ITN posting. If a Form requires electronic completion or filling in, such as a Microsoft Excel spreadsheet, an electronic copy can be obtained by contacting the Procurement Officer.

Attachment Title 1 Draft Contract 2 Past Performance Evaluation Form 3 Standard QA Requirements (Exhibit D)

Form Title A Business Response Form B Foreign State Preference Opinion Form C Client Reference Form D Price Sheet – Rate Schedule E Award Preference Form

2 ITN Process

Rev. 3/15/24

2.1 Vendor Responsibilities

Vendors should carefully read the entire ITN, all attachments, and any addenda before submitting a Response. Vendors interested in submitting a Response must comply with all instructions, terms, and conditions of this ITN to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this ITN, its attachments, addenda, and proposed resulting Contract. If a Vendor does not understand these requirements, Vendor should submit formal questions to the Department in accordance with Section 2.3.1.2.

2.2 Who May Respond

Vendors who possess the financial capability, experience, and personnel resources described in this ITN are invited to submit Responses. Vendors on the Convicted, Suspended, Discriminatory Vendor List(s), the Antitrust Violator Vendor List(s), and/or the Scrutinized List(s) of Prohibited Companies may not submit a Response.

2.3 Overview of the ITN

The ITN is a procurement method of competitively soliciting a commodity or contractual service under Chapter 287, F.S. The ITN process involves four phases: Solicitation, Minimum Mandatory Requirement Review, Evaluation and Negotiation.

2.3.1 Solicitation Phase

2.3.1.1 Pre-Response Conference and Site Visit (If Applicable) The Department may hold an optional or mandatory pre-response conference or site visit as part of the process as indicated in Section 3.2.

Anyone attending a pre-response conference or site visit is required to register their attendance in a means provided by the Department at the time and location of the meeting. Respondents who fail to attend or who are not represented at a mandatory conference or site visit will be determined Non- Responsive.

Note: Any answers to questions given at any conferences or site visits are not binding and do not alter the ITN. Only questions submitted in accordance with the instructions below and answered on the VIP are considered binding.

2.3.1.2 Question and Answer Period

Respondents may submit questions regarding the terms, conditions, and requirements of the ITN to the Procurement Officer via email by the deadline listed in the Timeline of Events, Section 1.10 of the ITN.

Questions will not constitute a formal protest of the specifications or of the Solicitation. Answers to questions will be posted on the VIP.

All emails shall have the Solicitation number in the subject line. The Department recommends that questions be submitted in the following format:

ITN Section ITN Page # Question

Rev. 3/15/24

It is the responsibility of the Respondent to monitor the VIP, as no additional notification will be provided when responses to questions are posted. The written response posted on the VIP is the ONLY official response. Oral responses that differ from the written responses WILL NOT be considered.

2.3.1.3 Submission of Responses

Once the Department posts the answers to the questions, Respondents may begin submitting Responses as indicated in Section 3.4; however, Respondents are encouraged to submit their Responses no earlier than five (5) days prior to the submission deadline. Responses must be submitted by the deadline listed in the Timeline above.

2.3.1.4 Public Opening

The Department will open the Responses in a public meeting at the date, time, and location noted in the Timeline of Events, Section 1.10. The Procurement Officer will review the entire Response to ensure that all required volumes were timely submitted, however prices will not be read aloud at the public opening.

2.3.2 Minimum Mandatory Requirement Review Phase

2.3.2.1 Administrative Review

All responses will be reviewed by the Procurement Officer to ensure that Responses contain all mandatory Forms and are complete. Complete Responses will be sent to the Evaluation Team for their qualitative review.

2.3.2.2 Responsibility Review

The Department will review the Responsibility section of the Respondent’s Business Response Form, Form A, for affirmative responses and attached documentation, if any. Answers in the affirmative are not, in themselves, grounds for declaring a vendor as Non-Responsible; the Department may seek additional clarification and decide whether the circumstances of the case warrant declaring a Respondent Non-Responsible. Respondents deemed Non-Responsible are not eligible for Contract Award.

2.3.3 Evaluation Phase

2.3.3.1 Technical Response Evaluation

The Department will evaluate Responses from responsive and responsible Respondents that meet the Minimum Mandatory requirements listed in Form A, Business Response Form, and provide the documentation required in this Solicitation. All Respondents and Responses that meet the minimum mandatory requirements reviewed by the Procurement Officer will be evaluated according to the Evaluation Criteria in Section 5. Each evaluation team member will work independently using the Evaluation Criteria contained Section 5, to review and score Respondent’s Technical Response. Upon completion of the Technical Response evaluation, the evaluators will submit their scores to the Procurement Officer for tabulation.

Rev. 3/15/24

A Respondent’s Response is the only material which will be considered by the evaluators. No oral or written representations, prior conversations, meetings, projects, or outside information, other than what is specifically requested to be in a Response, will be considered by the evaluators.

2.3.3.2 Past Performance

The Respondent’s references will be contacted by the Department by telephone during normal working hours (8:00 AM - 5:00 PM) as indicated in the Timeline. The Department will make up to two (2) attempts to call before making one attempt to contact the references by email. If the contact person cannot be reached following the three (3) attempts, or if the Respondent fails to provide a reference, the Respondent will receive a score of zero (0) for that reference.

2.3.3.3 Price Sheet Evaluation

The Procurement Officer will review the Price Sheet and apply the scoring criteria as contained in the Evaluation Criteria in Section 5.

2.3.3.4 Compilation of Scores

After the evaluation phase, the Procurement Officer will compile the final evaluation scores and use them to select one or more Respondents within the competitive range with which to commence negotiations.

2.3.4 Negotiation Phase

2.3.4.1 Negotiations

The Department’s negotiation team will begin negotiation with the Respondent(s) who were determined to be within the competitive range and were selected to participate in negotiations. During the negotiation phase, the Department may request revised Responses and/or Best and Final Offers (BAFOs), based on negotiations.

2.3.4.2 Post-negotiation Awards

Once negotiations have concluded and BAFO(s) have been received and reviewed, the Department will hold a public meeting with the Department’s negotiation team to recommend Contract award(s). The Department intends to then post a Notice of Award, identifying the responsible and responsive vendor(s) that provide(s) the best value to the State.

Any reservation or listing of reservations of the Department’s rights provided in this ITN is not intended to be exhaustive and shall not be construed to limit the rights of the Department in conducting this procurement.

2.4 Conformance to Requirements

In order to be considered for Award, Responses submitted to the Department must conform in all material aspects to the requirements included in this ITN. Responses failing to conform in all material aspects to the requirements included in this ITN are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

Rev. 3/15/24

2.5 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the Procurement Officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a Response.

2.6 Addenda/Amendments to the ITN

The Department reserves the right to modify this ITN by issuing addenda and/or amendments. All changes to the ITN will be made through addenda or amendments posted on the VIP. It is the responsibility of the Respondent to check for any changes on the VIP. Issuance of written Addenda and/or amendments is the only method by which a solicitation may be modified.

2.7 Contract Formation

The Department will issue a notice of award, if any, to successful Respondent(s). No contract shall be formed between the Department and the awarded Respondent until both parties sign the Contract. The Department will not be liable for any costs incurred by a Respondent in preparing or producing its Response or for any work performed before the Contract is effective.

The Contract will consist of the Draft Contract as attached, which will incorporate the Scope of Work/Technical Specifications, below in Section 4, relevant portions of the Response submitted by the awarded Respondent (if any), and the Price Sheet submitted by the awarded Respondent. If there is any discrepancy between the Scope of Work/Technical Specifications and the incorporated relevant portions of the Response, the terms most favorable to the Department shall prevail.

The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Response, except those identified in the Contract. The Respondent shall bring any perceived inconsistencies among any of the provisions of the ITN and its attachments to the attention of the Department prior to the submission of its Response. At any time during the Solicitation, the Department may specifically identify and incorporate by reference any additional documents which are to be incorporated into the Contract. The Contract that results from this Solicitation will be posted on the Florida Accountability Contract Tracking System (FACTS) website in accordance with section 215.985, F.S., “Transparency Florida Act.”

2.8 Disclosure of Response Contents

All documentation produced as part of the ITN will become the exclusive property of the Department and will not be returned to the Respondent unless it is withdrawn prior to the Response opening in accordance with Section 2.9. Once the Procurement Officer opens the Response, the Response may be disclosed pursuant to a public records request, subject to any confidentiality claims and the timeframes identified in section 119.071(1)(b), F.S.

2.9 Withdrawal of Responses

The Respondent may withdraw or modify a Response at any time prior to the due date by submitting a request to the Procurement Officer.

Rev. 3/15/24

2.10 Administrative Cure Process

In the interest of maximizing competition, the Response qualification and cure process seeks to minimize, if not eliminate, Respondent disqualifications resulting from nonmaterial, curable deficiencies in the Response that are identified in the Minimum Mandatory Review Phase. Therefore, the Department may, in its sole discretion, notify Respondents whose qualifying information or documentation does not meet the requirements of the ITN and allow for the correction of errors and omissions prior to making a final determination of responsiveness. Timely cures made pursuant to this section will be accepted by the Department.

2.11 Clarification Process

The Department may request clarification from the Respondent for the purpose of resolving ambiguities or questioning information presented in the Response. Clarifications may be requested throughout the Solicitation process. The Respondent’s answers to requested clarifications must be in writing and must address only the information requested. Respondent’s answers to requested clarifications must be submitted to the Department within the time specified by the Department in the requested clarification.

2.12 Information from Other Sources

The Department reserves the right to seek information from outside sources regarding the Respondent, the Respondent’s offerings, capabilities, references, and the Respondent’s performance, if the Department determines that such information is pertinent to the ITN. The Department may consider such information throughout the Solicitation process including, but not limited to, determining whether the award is ultimately in the best interest of the State. This may include, but is not limited to, the Department engaging consultants, subject matter experts, and others to ensure that the Department has a complete understanding of the information provided pursuant to the Solicitation.

2.13 Firm Response

The Department may make an award within one hundred and eighty (180) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If an award is not made within one hundred and eighty (180) days, the Response shall remain firm until either the Department awards the Contract, or the Department receives from the Respondent written notice that the Response is withdrawn. Any response that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected.

2.14 Right to Reject

The Department may reject any Response not submitted in the manner specified by the Solicitation documents. Respondents whose past performance, current status, or Response does not reflect the capability, integrity, or reliability to fully, and in good faith, perform the requirements of Contract may be rejected as Non-Responsible and are not eligible for Award.

2.15 Cancellation, Non-Award, and Withdrawal

When the Department determines that is it in the best interest of the State, it reserves the right to:

• Cancel this Solicitation.

• Make no Award and reject all responses.

• Withdraw the Solicitation at any time, including after an award is made.

Rev. 3/15/24

• Withdraw or amend its Notice of Award at any time prior to execution of a contract, including, but not limited to situations in which the Contractor(s) fails to execute the contract.

• Re-procure services.

2.16 Misrepresentations

All information submitted, and all representations made, by the Respondent in a response may be relied upon by the Department in determining Responsibility of a Respondent for Award. Any misstatement or omission, whether intentional or not, may be treated by the Department as a fraudulent concealment of the true facts relating to the Response. Such misrepresentation will be a basis for the Department to disqualify the Respondent as Non-Responsible, and bar the Respondent from participation in any re-solicitation pertaining to this subject matter (regardless of whether the re-solicitation resulted from Respondent’s misrepresentation) and may be punishable under law, including, but not limited to, Chapter 817, F.S.

2.17 Licensure & Registration

Prior to the execution of a Contract, the selected Respondent must be properly licensed to do business within the State, and all entities must be appropriately registered with the Florida Department of State, if required by federal or state law.

2.18 Replacement and Alternate Responses

The Department will only consider one (1) Response per Respondent, unless otherwise indicated in Section 3. Respondents may submit revised Responses at any time prior to the Response Due Date as specified in the Timeline of Events. Revised Responses must include a statement, signed and dated by an Authorized Signatory, withdrawing all prior Responses from the Respondent. Alternate commodities and/or contractual services may be proposed only if permitted in accordance with the instructions contained in this Solicitation. The Department is under no obligation to consider alternate commodities and/or contractual services to those requested in this Solicitation if not specifically requested as part of a Response and may reject a Response making such offers as Non-Responsive.

2.19 Exclusivity

This Solicitation will not result in an exclusive license to provide the commodities and/or contractual services described in this Solicitation or the resulting Contract. The Department may, in compliance with applicable laws, contract with other vendors to provide the same or similar commodities and/or contractual services if the Department determines that doing so will serve the State’s best interests.

2.20 Diversity

The State is dedicated to fostering the continued development and economic growth of minority-owned, veteran-owned, and woman-owned businesses. Participation of a diverse group of Respondents doing business with the Department is central to the State’s effort.

The Office of Supplier Diversity (OSD) has been established within the Florida Department of Management Services (DMS) to certify qualifying minority-owned, veteran-owned, and woman-owned business enterprises (CBEs). CBEs are encouraged to participate in the State’s procurement process as

Rev. 3/15/24 both prime Respondents and subcontractors. Non-CBE Respondents are encouraged to partner with CBEs for Contract performance.

2.21 Bid Protests

Failure to file a protest within the time prescribed in section 120.57(3), F. S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.

Documents received after normal working hours (Monday-Friday, 8:00 a.m. - 5:00 p.m., Eastern Time) will be filed the following business day.

All filings must be made with the Agency Clerk ONLY and are only considered "filed" when stamped, physically or digitally, by the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines.

The Agency Clerk's address is:

Agency Clerk, Office of General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Douglas Building, MS#35 Tallahassee, Florida 32399-3000 Email: Agency_clerk@floridadep.gov mailto:Agency_clerk@floridadep.gov

Rev. 3/15/24

3 Response Instructions This section contains the General Instructions and Special Instructions to Respondents. The “General Instructions to Respondents” Form PUR 1001 is incorporated by reference and can be accessed at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state _purchasing_pur_forms

The terms of the PUR1001 are controlling for this ITN, except for the following sections, which are inapplicable:

Section 3. Electronic Submission of Responses Responses shall be submitted in accordance with Section 3.4 of this Solicitation.

Section 5. Questions Questions shall be submitted in accordance with Section 2.3.1.2 of this Solicitation.

Section 14. Firm Response.

This paragraph is superseded by Section 2.13 of this Solicitation.

Section 15. Clarifications/Revisions.

This paragraph is superseded by Section 2.11 of this Solicitation.

Section 16. Minor Irregularities/Right to Reject.

This paragraph is superseded by sections 2.10 and 7.1 of this Solicitation.

Section 17. Contract Formation.

This paragraph is superseded by Section 2.7 of this Solicitation.

Section 20. Protests.

This paragraph is superseded by Section 2.21 of this Solicitation.

3.1 MyFloridaMarketPlace (MFMP) Vendor Registration

Prior to execution of the Contract by the Department, the Contractor must be registered with MFMP.

Information about the registration process is available on, and registration may be completed at https://vendor.myfloridamarketplace.com/.

Prospective vendors who do not have internet access may request assistance from MFMP Customer Service within DMS.

The following United Nations Standard Products and Services Code(s) (UNSPSC) are provided to assist potential Respondents in their registration efforts:

Code Title 77121703 Surface water pollution protection services 77121704 Surface water treatment services 77121603 Polluted soil treatment or rehabilitation https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://vendor.myfloridamarketplace.com/

Rev. 3/15/24

77121606 Soil pollution measurement or monitoring 81101525 Sediment control engineering

70161708 Conservation and management of freshwater ponds and lakes and rivers and streams

77111600 Environmental rehabilitation

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference.

3.3 Submission of Responses

Respondents shall deliver Responses to the Department’s office designated in the Timeline of Events before the date and time specified. Any Response that is received after the exact time specified in the Timeline of Events is late. Late Responses, as well as Responses submitted through email or by facsimile, are Non-Responsive and will not be evaluated. All Response materials must be packaged so that each box shipped to the Department does not exceed 25 pounds.

Response packages must be marked to show the Respondent's name and address, the Solicitation number, and the date and time Responses are due. If multiple packages are shipped, package sequences (i.e. 1 of 3, 2 of 4, etc.) must also be indicated on the outside of the package.

Vendors should submit their responses for each Volume as follows:

a. One (1) original paper/hard bound response

b. One (1) electronic response submitted in CD, DVD-ROM or USB drive. Electronic files should be logically named and easily mapped to the hard bound submittal.

Each package should be addressed to the Procurement Officer and display the following information:

Responding Respondent Name; Solicitation Number; Solicitation Title; Reply Due Date; and designation as VOLUME ONE: Business Response and VOLUME TWO: Technical Response and VOLUME THREE:

SEALED PRICE RESPONSE as indicated in this section:

Attention: Kimberly Bowling

Florida Department of Environmental Protection

Bureau of Procurement & Contracting Services

3800 Commonwealth Blvd., MS #93

Tallahassee, FL 32399-3000

Responding Respondent Name

Solicitation Number: FDLE ITN 2024016

Title: Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

Reply Opening: 05/14/24 @ 10:00 ET

Rev. 3/15/24

Responses must be submitted by U.S. Mail, United Parcel Service (UPS), Federal Express (FedEx), private courier, or hand delivery. Electronic mail (e-mail) submission or facsimile transmission of responses are NOT authorized and will NOT be accepted.

3.4 Response Content Requirements

Respondent’s Responses must be submitted in hard and electronic copies divided into volumes containing the information specified below.

Volume Name Copies Volume I Business Response One (1) Original Volume II Technical Response One (1) Original Volume III Price Sheet One (1) Original CD/DVD/USB Electronic Copy of Response One (1) copy of each Volume CD/DVD/USB Redacted Electronic File of Response (if applicable) One (1) Redacted copy of each Volume

3.4.1 Volume I, Business Response

Respondents must prepare a Business Response volume in the order outlined below.

Volume I Business Response Page Limit Tab A Executive Summary Two (2) Tab B Required Forms None

3.4.1.1 Tab A: Executive Summary

Respondents must prepare and include an Executive Summary that summarizes the key points from the Respondent’s Business and Technical volumes. The Executive Summary must begin with company/division’s street address; and size of business, CBEs status, and a summary of the key points from the Respondent’s Response. If the Respondent is a current or former Contractor to the Department, the Respondent will notify the Department of the contract number and the Department’s contract manager in its Executive Summary.

3.4.1.2 Tab B: Required Forms

Respondents must complete and submit Form A, Business Response Form and, if Respondent’s principal place of business is outside of the State of Florida, Form B, Foreign State Preference Opinion Form.

Respondents must complete Form C, Client Reference Form, for two (2) Clients to whom Respondent has provided commodities and/or contractual services of similar scope and size as those identified in the ITN. The two (2) completed Client Reference Forms shall be attached in this Tab. Respondents shall not list the Department as a reference. Current or former Contracts with the Department indicated in the Executive Summary will not count as one of the two (2) references.

Respondent gives Department permission to contact client references and obtain their opinion of the Respondent’s past performance using the questions listed on Attachment 2. The Respondent

Rev. 3/15/24 acknowledges that the Department will record the client’s opinion on Attachment 2, and that the completed form will become a public record.

3.4.2 Volume II, Technical Response

The Respondent must prepare and submit a Technical Response volume detailing their qualifications, capabilities, and a description of the commodities and/or contractual services that they will provide to the Department. The Technical Response must contain complete responses to all items. If a portion of any section is omitted, the Response may be deemed Non-Responsive at the sole discretion of the Department.

Volume II Technical Response Tab A Introduction Tab B Background and Organizational Structure Tab C Qualifications and Experience Tab D Approach to Nutrient Extraction Plan Tab E Description of Equipment Needed and Availability Tab F Staff resumes (CVs)

3.4.2.1 Tab A: Introduction

Respondents must provide a general description of how the Respondent will accomplish the overall goal of this Solicitation.

3.4.2.2 Tab B: Background and Organizational Structure

Respondents should provide information on the historical background of the Respondent and on the Respondent’s organizational structure. This should include years in operation and years involved in work related to this Solicitation.

3.4.2.3 Tab C: Qualifications and Experience

a) Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed: Respondent shall provide a narrative, not to exceed five (5) one-sided 8.5 X 11” pages, describing the Respondent’s qualifications, as they relate to the referenced scope of services in this solicitation: including technical and intellectual resources owned and capability in conducting work in open water. Special attention should be given to experience of similar size and complexity as reflected in the scope of work.

3.4.2.4 Tab D: Approach to Nutrient Extraction Plan

Respondents must use the “Response Outline” provided below to describe how they intend to achieve the Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee. For each item in the Tab D Response Outline the Respondent must submit information. Respondents are strongly encouraged to not use the term, “Not applicable” for any Outline items. Respondents are responsible for meeting any licensing or permitting requirements for the project.

Tab D Response Outline:

TREATMENT DESCRIPTION

Rev. 3/15/24

1. Nutrient extraction method and implementation description (Treatment). Describe the Respondent’s methodology to achieve removal of available/ambient total phosphorus (TP) and total nitrogen (TN) load from the sediment and/or water column within Lake Okeechobee.

2. Respondent must describe their understanding of the work location, logistics and specific issues and challenges the Respondent anticipates working in Lake Okeechobee and how each will be managed or resolved. Include the availability of labor and equipment resources (Respondent’s current capacity to perform) in executing the scope of work.

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.

4. Product /method overview.

a. Status (Is the proposed Treatment an: idea, conceptualization, lab/bench top research, refinement, field scale pilot project, standard industry practice, etc.).

b. Proof of Concept, evidence to support the feasibility of a project.

c. Scientific and Engineering validation evidence (for example: reference peer reviewed publications).

5. Mechanical tools needed and their usage.

6. Chemical Materials needed and their use; include Material Safety Data Sheet (MSDS) form hyperlink for each chemical. Chemicals used shall be limited to applications as described by the label and in no case cause or contribute to a violation of water quality standards.

7. Performance measurement methodology.

a. Describe the sediment and/or ambient water analysis to be conducted to quantify the amount of nutrient reduction and evaluate the effectiveness of treatments.

8. Proposed schedule.

a. Describe the time to mobilize on site.

b. Describe the time from mobilization to start of treatment.

c. Describe the days of week operations are to occur.

d. Describe the hours of operation.

e. Describe the number of days of operations needed to meet objectives.

3.4.2.5 Tab E: Description of Equipment Needed and Availability Describe a comprehensive list of equipment needed to complete the deliverable and of the availability of the proposed items/equipment, please define:

a) List “in service” equipment that is currently in possession;

b) List equipment needed that will be obtained via lease, rental agreement or purchase;

c) Expected logistical constraints, wide load permits or other transportation requirements (if any);

d) Preventative maintenance activities that constrain or limit work (if any);

e) List of recommended set of spare equipment or parts (if any); and

f) Confirm that the proposal includes essential accessories and supplies to allow immediate operation of equipment.

3.4.2.6 Tab F: Staff resumes (CVs)

Define the person/s that will be responsible for the implementation of the Contract and their employment status: full time, consultant, anticipated hire or other. All key personnel dedicated to the project shall be properly qualified, licensed as needed to provide the service and are expected to have a

Rev. 3/15/24 working knowledge of the English language. The Department requests CVs and any certificates to verify the qualification(s) of the staff of the Respondent and its sub-contractors.

3.4.3 Volume III, Rate Schedule

The Respondent must complete and submit the Form D, price sheet, using the instructions provided.

The Price Sheet is to be organized as directed on the Form and must contain complete responses to all items. If a portion of any section is omitted, the Price Sheet may be deemed Non-Responsive at the sole discretion of the Department.

3.5 Economy of Presentation

Responses must be prepared simply and economically, providing a straightforward, concise delineation of the Respondent’s capabilities to satisfy the requirements of this Solicitation without the use of marketing materials, white papers, fancy or flashy graphics, case studies, or other promotional materials. The emphasis of each Response should be on completeness and clarity of content.

3.6 Confidential Response Materials and Redacted Submissions

In addition to the public records requirements of the PUR 1001, section 19, if the Respondent considers any portion of its Response to be Confidential Information or exempt under Chapter 119, F.S., or other authority (Public Records Law), then the Respondent must simultaneously provide the Department with an unredacted version of the materials and a separate redacted copy of the materials the Respondent claims as Confidential Information or exempt and in an index, as described in Section 3.6.1.

The Respondent shall mark the unredacted version of the document as “Unredacted version – contains Confidential Information” and place such information in an encrypted electronic form or a sealed separate envelope.

3.6.1 Redacted Submissions

If submitting a redacted version of its Response, the Respondent shall mark the cover of the redacted copy with the Respondent’s name, Department’s solicitation name, and number, and the words “Redacted Copy.” The Redacted Copy should only redact those portions of material that the Respondent claims are Confidential Information or exempt from Public Records Law. An entire Response should not be redacted. An entire page or paragraph which contains Confidential Information or exempt material should not be redacted unless the entire page or paragraph is wholly Confidential Information or exempt from Public Records Law. In the Redacted Copy, the Respondent shall redact and maintain in confidence any materials the Department provides or seeks regarding security of a proposed technology system or information subject to sections 119.011(14), 119.071(1)(f), and 119.071(3), F.S.

In addition, the Respondent should submit a separate index listing the Confidential Information or exempt portions of its Response. The index should briefly describe in writing the grounds for claiming exemption from the Public Records Law, including the specific statutory citation for such exemption.

The Redacted Copy will be used to fulfill public records and other disclosure requests and will be posted on the FACTS website. In addition, the Department will follow the procedures described in Attachment 4, Public Records Requirements, of the Draft Contract.

By submitting a Response, the Respondent agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the Respondent’s determination that the redacted portions

Rev. 3/15/24 of its Response are Confidential Information or otherwise not subject to disclosure. If the Respondent fails to submit a Redacted Copy of its Response, the Department is authorized to produce the entire unredacted Response submitted to the Department in response to a public records request.

Rev. 3/15/24

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide treatment to combat Harmful Algal Blooms (HAB) within Lake Okeechobee by reducing available/ambient Total Phosphorus (TP) and Total Nitrogen (TN) in the sediment and/or water column (treatment) to improve water quality. These treatment methods may include but are not limited to Total Phosphorus and Total Nitrogen: containment, extraction, removal, sequestration, reduction, treatment, elimination, transportation, and disposal. Contractor(s) will also bear responsibility for any analytical testing required to ensure the treatments provided meet the expectations of the contract. Water quality improvement to reduce HABs is a key objective of this initiative and submitted proposals will qualify the expected ecological benefits anticipated by the technology.

The selected Contractor(s) must have a physical presence in the State of Florida and be authorized to transact business in the State of Florida.

Infrastructure Needs: The Contractor(s) is responsible for attaining any infrastructure or other needs to complete the treatments. This includes ensuring the availability of road/boat ramp/waterbody access, access to electricity or municipal water, appropriately sized and situated area for performing treatments, and any other infrastructure required (i.e., permits)

Disposal: The selected Contractor(s) is responsible for the proper disposal of all materials associated with the treatments provided including, but not limited to: containment devices, turbidity controls and other material extraction by the treatments, by-products of the treatments, as well as any consumable materials associated with the treatments provided.

Analytical Services: The selected Contractor(s) is responsible for 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. Additionally, the Contractor is responsible for any analysis that the Department deems necessary to ensure the safety or effectiveness of the treatment. For final chemical evaluation of the waterbody for available/ambient total nutrient in the sediment and/or water column, once the Contractor has indicated their treatment is achieving the desired results, the Department will reserve the right to perform verification of nutrient removal.

Discharges of treatment process shall not cause or contribute to violations of water quality standards in receiving waters contained in Chapter 62-302, F.A.C. The Contractor will collect and analyze ambient water quality consistent with Department requirements described in the Task 3 Quality Assurance Project Plan (QAPP) and Rule 62-160, F.A.C. Standard Operating Procedures (SOPs). (Hyperlink:

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-160 )

Treatment methods may include but are not limited to physical control methods such as: flocculation;

dredging, containment and extraction or other techniques applied directly to the lake bottom sediment and/or ambient water for nutrient treatment.

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-160

Rev. 3/15/24

Examples of Management and Restoration Treatment Activities: (NOTE: This language is intended to provide the Contractors with types of treatment and is not intended to exclude treatment types not listed.)

A. Lake dredging/Hydro-raking/Sediment Trap: Projects with the demonstrable connection to improving water quality conditions by relocating the supply of Total Phosphorus and Total Nitrogen from the sediment, benthic flock and ambient water to combat internal loading within the water.

B. Watershed and Lake Management Activities: Projects designed to improve lake water quality by reducing Total Phosphorus and Total Nitrogen in the benthic layer. Such activities may include, but are not limited to, treatment of excessive muck or nutrient contamination control measures that relocate Total Phosphorus and Total Nitrogen outside the lake to a Department approved site location.

C. Water…