RFP 2024013.pdf

Request for Proposals (RFP)

For

Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

RFP 2024013

Procurement Officer:

Wanda Norton Purchasing Analyst, Department of Environmental Protection Bureau of General Services - Procurement Section

3800 Commonwealth Blvd., MS #93 Tallahassee, FL 32399-3000

Email: Wanda.Norton@FloridaDEP.gov

Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee

Rev.7/18/22

Table of Contents 1 Introduction

1.1 Solicitation Objective

1.2 Background and Program Information

1.3 Anticipated Contract Term & Renewals

1.4 Definitions

1.5 Draft Contract

1.6 Procurement Officer

1.7 Special Accommodations

1.8 Timeline of Events

1.9 List of Attachments and Forms

2 RFP Process

2.1 Vendor Responsibilities

2.2 Who May Respond

2.3 Overview of the RFP

2.4 Conformance to Requirements

2.5 Limitation on Vendor Contact with Agency During Solicitation Period

2.6 Addenda/Amendments to the RFP

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 Department’s Responsibilities

4.5 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, Price Sheet

5.4 Available Points

5.5 Compilation of Evaluation Scores

6 Award

6.1 Basis of Award

6.2 Award Preferences for Equal Scores (Ties)

6.3 Recommendation of Award

6.4 Posting of Decision

6.5 Execution of Contract

6.6 Failure to Perform the Contract

1 Introduction The Florida Department of Environmental Protection (the Department) hereby issues this Request for Proposals (RFP) 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 RFP.

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 a multiple award. The Department intends to award up to three (3) contracts, however 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

Nutrient extraction from Lake Okeechobee is an important long-term ecological benefit which moves toward a long-term solution to reduce the frequency, duration and extent of future algae blooms and is consistent with the Department’s purpose and scope for this contract. Historically Lake Okeechobee has experienced recurrent Harmful Algae Blooms (HAB) issues that result from 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).

1.3 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.

1.4 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/documents_forms_references _resources/state_purchasing_pur_forms. The following definitions apply to this RFP:

Business Days - Monday through Friday, 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 RFP.

State - The State of Florida.

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

1.5 Draft Contract

Awarded Respondent(s) must provide the contractual services sought by this RFP 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 RFP.

1.6 Procurement Officer

The Procurement Officer is the Department’s sole point of contact for information regarding this RFP 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.

1.7 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.

1.8 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

RFP Advertised 11/7/23 N/A Vendor Information Portal

Questions Due 11/17/23 5:00 PM Email to Procurement Officer

Answers Posted (Anticipated)

On or about:

12/4/23 Vendor Information Portal

Responses Due 12/11/23 3:00 PM

Department of Environmental Protection DEP Procurement Section, Room 215 3800 Commonwealth Blvd, MS93 Tallahassee, Florida 32399-3000 https://vendor.myfloridamarketplace.com/

Rev.7/18/22

Public Opening 12/12/2023 10:00 AM

Teleconference by calling 850-629-7330

Conference Room Number 842 775 909 The number will be active 5 minutes before the meeting.

References Contacted Between: Telephone and/or Email 12/18/23 12/22/23

Award Date (Anticipated) On or about:

1/22/24 Vendor Information Portal

*All times are Eastern Time Zone.

1.9 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 RFP 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

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 RFP Process

2.1 Vendor Responsibilities

Vendors should carefully read the entire RFP, 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 RFP to be considered for Award.

Vendors are responsible for understanding all terms and conditions of this RFP, 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 RFP 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 RFP

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

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 RFP.

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 RFP to the Procurement Officer via email by the deadline listed in the Timeline, Section 1.8 of the RFP.

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:

RFP Section RFP Page # Question

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, Section 1.8. 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.

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 develop the recommendation of award.

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 RFP. Responses failing to conform in all material aspects to the requirements included in this RFP are Non-Responsive and are not eligible for Award, at the sole discretion of the Department.

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 RFP

The Department reserves the right to modify this RFP by issuing addenda and/or amendments. All changes to the RFP 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 RFP 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 RFP 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.

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 RFP 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 RFP. 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 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.

• 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 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

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 http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/pur chasing_forms.

The terms of the PUR1001 are controlling for this RFP, 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 6.1 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 70171501 Water quality assessment services 70171600 Water quality management services 60104200 Water testing and conservation and ecology 70171602 Water testing services http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms http://dms.myflorida.com/business_operations/state_purchasing/documents_forms_references_resources/purchasing_forms https://vendor.myfloridamarketplace.com/

76101605 Carbon based filtration and decontamination service 76121502 Liquid waste collection or processing or disposal 76121700 Liquid waste treatment 77101805 Environmental quality control services 77111600 Environmental rehabilitation 77121704 Surface water treatment services 77141500 Water or aqueous testing 77141501 Microbiological testing 77141600 Non-drinking water or aqueous testing 77141601 Non-drinking water microbiological testing 12165200 Water treatment 77111602 Environmental decontamination services 77101505 Environmental monitoring 77101704 Environmental technology advisory services 77121704 Surface water treatment services 81101525 Sediment control engineering 83101506 Water treatment services 47101500 Water treatment and supply equipment 47101600 Water treatment consumables 47101522 Packaged water treatment systems 71171903 Analysis of nutrients in water 25172700 Environmental control systems 25172703 Marine environmental control systems 22101514 Dredgers 40151530 Dredge pumps 70131605 Soil chemical treatment services 71131409 Chemical treatment monitoring services 76121702 Chemical treatment services

3.2 Pre-Response Conferences and/or Site Visits

The Department will not hold a Pre-Response Conference or a Site Visit.

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.

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 Copy 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 three (3) Clients to whom Respondent has provided commodities and/or contractual services similar to those identified in the RFP. The three (3) 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 three 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 acknowledges that 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 Needs 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

Respondents should present the qualifications of the Respondent and Respondent’s team. The following topics must be addressed:

a) Each Team member’s experience and examples of qualifications to perform assigned tasks should be outlined. The resume or curriculum vitae for the proposed project manager and principal point of contact must be provided;

b) Respondent’s past experience developing Project Management (schedule/budget): Describe how the Treatment project will be managed. Include the expected timeframe needed for mobilization and demobilization. List the deliverables that will be provided prior to invoicing. Describe how change orders are executed within your organization and the timeframes necessary to execute these change orders;

c) Respondent’s experience with Qualifications: Describe the qualifications and experience of any project staff (from management to field workers) and/or subcontracted staff involved in this treatment project.

Address the availability of these staff to respond to this project;

d) Respondent’s knowledge of and experience with Project Communications: Provide information on how the progress of the Treatment project will be communicated to the Department. Explain any technology that will be used and how this information will be provided to the Department;

e) Provide examples of how your company has used this Treatment technology to reduce available/ambient total nutrient in the sediment and ambient water of a waterbody;

f) Quality Assurance Methods: Describe any approaches that will be made to assure equipment is sufficient, ready, available and reliable. If any chemical treatment is performed to control turbidity or as a treatment activity during the work provide a description of how the chemical dosing will be monitored and adjusted for optimal efficacy, and ecological and human safety. Time is of the essence; provide information on how equipment failures will be addressed to keep work stoppages to a minimum. Provide information on how the disposal of any extracted material will be documented; and

g) Health and Safety: Provide details of managing strategy for any potentially negative human health, safety and ecological impacts from the Treatment project, including public access control within the work site, worker protection, marine navigation, potential impacts to the public and environment. Specify how air emissions (if any) or odors will be controlled. Describe what employee safety equipment and methods, and public safety actions will be used.

3.4.2.4 Tab D: Approach to Nutrient Extraction Plan (Plan, Permit, Stage, Implement and Demobilize) Respondents must describe in detail how they would achieve Water Quality Treatment to Combat Harmful Algal Blooms in Lake Okeechobee and provide the price per pound of Total Phosphorus and Nitrogen removed and sequestered from the Lake. Nutrient extraction method and implementation description (Treatment)

a) Status (idea, conceptualization, lab/bench top research, refinement feasibility, field scale pilot project, standard industry practice, etc.)

b) Proof of Concept, examples of previous success

c) Scientific and Engineering validation

d) Mechanical tools needed and their use

e) Chemical Materials needed and their use

f) Performance measurement method

g) Cost per pound of nutrient removal from Lake sediments and/or ambient water

h) Proposed schedule

3.4.2.5 Tab E: Description of Equipment Needs and Availability Describe a comprehensive list of the costs and 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 logistic 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 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 working knowledge of the English language. The Department requests CVs and any certificates to verify the qualification of the staff of the Bidder or 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 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.

4 Scope of Work

4.1 Scope of Work

The Contractor shall provide treatment to combat harmful algal bloom within Lake Okeechobee by reducing available/ambient total nutrients in the sediment and/or water column (Service). These treatments may include but are not limited to total nutrients: containment, extraction, sequestration, 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 is a key objective of this initiative and submitted proposals will quantify the expected ambient water quality 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.

Contractor(s) will bear responsibility for any sample collection and analytical treatments required to monitor and calculate the weight total nutrient (Metric tons) removed from Lake Okeechobee. The Contractor(s) will be responsible for obtaining all regulatory authorizations.

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) by the selected Contractor(s).

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 extraction or sequestration 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, the Department will perform verification of nutrient removal. Discharges of Treatment process shall not result in contaminant concentrations in excess of ambient water quality criteria. The Contractor will collect and analyze ambient water quality consistent with Department requirements described in the Quality Assurance Project Plan Task Order and Rule 62-160, F.A.C. Standard Operating Procedures (SOPs).

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 ambient water for treatment to remove total nutrient from the waterbody.

Preferred Management and Restoration: (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 nutrients 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 and/or reduce internal nutrients in the benthic layer. Such activities may include, but are not limited to treatment of excessive muck, or nutrient contamination control measures that relocate nutrients outside the lake to a department approved Department site location.

C. Water column nutrient extraction activities, such as chemical treatment, filtration, biological treatment or other physical process. NOTE: biological treatment is constrained to native species found in Lake Okeechobee.

PROJECT LOCATION: The Project will be located within Lake Okeechobee in Okeechobee, Martin, Glades, Hendry, and Palm Beach Counties, Florida. Lake Okeechobee is a large, shallow lake located in South- Central Florida. With a surface area of 730 square miles, it is the second largest lake within the contiguous United States and has an average depth of 9 feet and is located at: Latitude 26° 96' 00" N; Longitude 80° 79' 00" W. All Project activities will occur within Lake Okeechobee (waterbody IDs (WBIDs 3212A through 32121)

4.2 Definitions

In this Contract, the following terms shall be defined as set forth below:

Harmful Algal Bloom (HAB): Occurs when colonies of algae grow out of control and produce toxic or harmful effects on people, fish, shellfish, marine mammals, and birds. The human illnesses caused by HABs, though rare, can be debilitating or even fatal.

Scalability: The capability of a product, company, system, team, etc. to provide treatments that match growing demand.

Treatment: The Contractor’s implemented method of extracting nutrients from Lake Okeechobee.

2023-26 Nutrient Extraction Plan (NEP): is the written comprehensive description of the Contractor’s action plan describing their treatment to remove nutrients from Lake Okeechobee. (See Exhibit G)

Staging: the activity or practice of setting up for the performance in treatment or operation. The Staging Area is the designated area where supplies and treatment equipment are positioned for access to a treatment site.

Mobilization: The action of bringing resources into use for a particular purpose. For this effort it is the active use of the treatment to remove nutrients from Lake Okeechobee’s sediments and ambient water to combat the formation of algae blooms.

Demobilization: The process of taking apart equipment, transporting equipment away from the jobsite, dismantling support facilities, removing temporarily installed structures and equipment, and general cleaning up of work areas.

“Placement” and “Disposal”: Used synonymously to describe dredged or treatment material deposition after its removal.

Material Safety Data Sheet (MSDS): A document that contains information on the potential hazards (health, fire, reactivity and environmental) and how to work safely with the chemical product. It is an essential starting point for the development of a complete health and safety program.

National Environmental Laboratories Accreditation Conference (NELAC): Established by the Environmental Protection Agency (EPA) in 1995 to bring consistency in environmental laboratory accreditation programs, NELAC strives for consistent standards for environmental laboratories through the development of consensus standards based on International Organization for Standardization (ISO) requirements, such as ISO/ International Electrotechnical Commission (IEC) 17025.

4.3 Contractor Responsibilities

a. Deliverables. The Contractor shall provide the following deliverables and request payment no more frequently than quarterly:

TASKS and DELIVERABLES:

Task 1 Nutrient Extraction Plan (NEP) for Lake Okeechobee to Combat Algal Blooms Task Description: The Contractor shall provide a Nutrient Extraction Plan within Lake Okeechobee to reduce available/ambient total nutrients in the sediment and/or ambient water. The Contractor will provide a document titled: 2023-26 Nutrient Extraction Plan for Lake Okeechobee to Combat Algal Blooms (NEP, See Exhibit G) to describe the treatments to be provided. The NEP will include all the items listed and written consistent with the guidelines in Exhibit G and will be organized in the chronological order of the template.

Deliverable 1A: Draft Nutrient Extraction Plan The Contractor will create a Draft NEP consistent with Exhibit G submitted electronically in Word format to the Department Contract Manager.

Performance Standard: The Department Contract Manager will ensure review of the Draft NEP for compliance with this Contract to ensure rational monitoring is planned to measure project effectiveness and provide comments within fourteen (14) calendar days of receipt. The Department Contract Manager will review the Draft NEP to ensure that draft comments have been incorporated. Upon review and written approval by the Department Contract Manager of the Draft NEP then the Contractor may proceed with Task 2.

Deliverable 1B: Nutrient Extraction Plan The Contractor will provide a NEP consistent with Exhibit G and submitted electronically in PDF format to the Department Contract Manager.

Performance Standard: The Department Contract Manager will review the NEP to ensure that draft comments from the Task 2 Public Outreach and the Task 1A have been incorporated into the plan and that the document adheres to this Contract.