RFI Interim Coordinator final.pdf

RFI #S-34000-00008364

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Oregon Department of Environmental Quality

Request for Information (RFI) Regarding Procurement of an Interim Coordinator for the Initial PRO Activities Required under the Recycling Modernization Act

This is a Request for Information (RFI), issued by the State of Oregon, Department of Environmental Quality (DEQ) to solicit information, including non-binding price estimates, from interested consultants for services related to provision of interim coordination services for the Recycling Modernization Act.

This RFI may result in a Request for Proposal (RFP). Responses provided to this RFI will be used only for general information purposes and will not be considered binding on any party. Reponses provided to this RFI will also not have any impact on any RFP selection process.

Background The Plastic Pollution and Recycling Modernization Act (“RMA” and “Act”) requires producers of packaging, printing and writing paper, and food service ware to join a Producer Responsibility Organization (PRO), report data on their covered product sold into the state and pay commensurate fees by July 1, 2025. Per ORS 459A.869(9), DEQ may approve plans submitted by multiple PROs—in this case, the PROs will need to coordinate with one another in a fashion that meets standards and requirements set in rule by the Environmental Quality Commission (EQC).

Proposed rule OAR 340-090-0680 describes these standards and requirements, and establishes a period of interim coordination provided by DEQ and subsequently replaced by PRO-led, long-term coordination. To provide this interim coordination, DEQ needs to procure an Interim Coordinator to begin work no later than March 31, 2024, the deadline for submission of PRO program plans. The Interim Coordinator will serve until PROs replace interim with long-term coordination (through DEQ approval of a coordination plan submitted by the PROs), or until December 31, 2026, whichever arrives sooner.

Tasks of the Interim Coordinator will include:

• Reviewing the interim coordination sections of PRO program plans and making recommendations to DEQ regarding the assignment of interim coordination tasks to willing applicant PROs. Interim coordination tasks include:

o Development of a statewide depot network to collect materials on the PRO Recycling Acceptance List.

o Preparation of customizable education materials to be used by local governments to inform the public about the Uniform Statewide Collection List of materials that will be collected in commingled systems.

o Creation and operation of single-point-of-accounting systems to channel PRO funding toward improvement of Oregon’s recycling system.

o Creation and operation of an accounting system to reconcile costs among PROs in proportion to market share.

• Tracking PRO progress on interim coordination tasks and ensuring that information needed by the collective of PROs is being shared.

• Developing a draft interim coordination plan meeting the requirements of proposed rule 340-090- 0680(2).

• Reviewing of the draft interim coordination plan with DEQ and all prospective PROs, informing development of a revised plan.

• Overseeing implementation of the interim coordination plan.

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• Developing an IT system for producer reporting of market share.

• Developing an index of material-specific unit factors for the calculation of market share, in close consultation with the department and prospective Producer Responsibility Organizations.

• Using the unit factors and producer product weight data reported into the new IT system in August 2025 and July 2026 (if DEQ is still coordinating at that time), to calculate producer market share and the modified market share of each producer responsibility organization per proposed rule 340-090-0700(3).

During DEQ’s rulemaking process, the cost of interim coordination was estimated at $1.1 million and factored into the annual administration fee paid by the PROs to DEQ. DEQ has some flexibility with this budget but is constrained by the bounds of the annual administration fee, from which the funds will be drawn.

Questions

1. Does your organization have the interest and requisite capabilities to fill the role of Interim Coordinator?

Please briefly describe relevant expertise and specific prior work experience that would enable you to fulfill the tasks listed above.

2. If your organization were to pursue this procurement, would you seek to tackle the entire scope in-house, or would you work together with other organizations? If with other organizations, describe your prospective partner organization(s).

3. Three prospective PROs have indicated their intent to submit program plans for DEQ’s program. They could differ from one another in various ways, such as the magnitude of their market share and/or the profile of their producer members. What differences of interest could be expected among such PROs and how could an interim coordinator mediate resultant disagreements most effectively?

4. Per ORS 459A.884(1), producer fees must be set in a way that avoids materials cross-subsidizing one another (e.g., paper doesn’t pay for plastic and vice-versa). How should an interim coordinator go about establishing an index of material-specific factors that would accurately reflect each material's proportion of system costs? What types of costs should be taken into consideration, and what should be excluded?

5. What considerations should be taken into account in the development an IT system for producer reporting of market share?

6. Were DEQ to issue an RFP later this year, would you be able to produce a proposal in a limited period of time? (30-60 days)

7. Provide an estimate of cost to complete the project.

Dates Responses must be received by October 13, 2023 at 2:00 PM PT. Submit all responses to:

Nicole Portley Program Plan Lead, Paper and Packaging EPR DEQ Materials Management - Product Stewardship Team nicole.portley@deq.oregon.gov

Once submitted, comments cannot be edited or retracted. Please identify in your response document your name, organization, email, telephone number, and the question(s) you are responding to by question number.

FOR FURTHER INFORMATION CONTACT: Nicole Portley, nicole.portley@deq.oregon.gov

Non-discrimination statement DEQ does not discriminate on the basis of race, color, national origin, disability, age or sex in administration of its programs or activities. Visit DEQ’s Civil Rights and Environmental Justice page.

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