RFP 38864 -Phosphorus Remediation OPRA .pdf

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PHOSPHORUS REMEDIATION IN THE OCKLAWAHA PRAIRIE RESTORATION AREA
Solicitation number
RFP-06097
Issued by
Polk County, Florida

About this file

This document is a Request for Proposals (RFP) issued by the St. Johns River Water Management District (the "District") for phosphorus remediation in the Ocklawaha Prairie Restoration Area (OPRA) using lanthanum-based sediment and water amendments. The project is eligible for funding through the Florida Department of Environmental Protection (FDEP) Innovative Technologies Grant Program. The District is seeking proposals from firms interested in partnering with the District on this project, which involves sequestering phosphorus in OPRA sediments and removing phosphorus from the water column. The successful respondent will be responsible for all monitoring, equipment, installation, maintenance, and final removal over a two-year period from October 1, 2023 to September 30, 2025.

The total available budget for this project is $1,100,000. One or more proposals may be selected by the District for partnership under the FDEP Innovative Technologies Grant Program. The District will evaluate proposals based on the respondent's experience with lanthanum-based products for phosphorus remediation, organizational capabilities, technical and scientific merit, and cost-effectiveness. Funding for the project is contingent upon the District's receipt of grant monies from FDEP.

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- 1 -

THE GOVERNING BOARD OF THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

FOR PHOSPHORUS REMEDIATION IN THE OCKLAWAHA PRAIRIE RESTORATION AREA

USING LANTHANUM-BASED SEDIMENT AND WATER AMENDMENTS

REQUEST FOR PROPOSALS 38864

The Governing Board of the St. Johns River Water Management District (the “District”) requests that interested parties respond to the solicitation below by 10:00 a.m., August 22, 2023. Further information is available through DemandStar at Demandstar.com [(800) 711-1712], Vendor Registry at Vendorregistry.com, the state of Florida’s My Florida Marketplace at vendor.myfloridamarketplace.com or the District’s website at sjrwmd.com. Solicitation packages may be obtained from DemandStar, Vendor Registry, My Florida Marketplace or the District by emailing LaDonna Johnson, Associate Procurement Specialist, at ljohnson@sjrwmd.com. Responses will be opened at the District Headquarters, 4049 Reid Street, Palatka, FL 32177.

DESCRIPTION OF SERVICES

An eligible project is subject to funding through the Florida Department of Environmental Protection Innovative Technologies Grant Program (the “Program”). The Program is made available only for those projects that evaluate and implement innovative technologies and short-term solutions to combat algal blooms and nutrient enrichment, restore and preserve Florida waterbodies, and implement certain water quality treatment technologies.

Under the Program, eligible projects will prevent, mitigate or clean-up harmful algal blooms (“HABs”), with an emphasis on projects that prevent blooms through nutrient reductions. Projects that improve the ability to predict and monitor HABs are also considered by FDEP for funding. Additional information on FDEP’s innovative funding program is available on its website:

https://protectingfloridatogether.gov/InnovativeTechnologies.

Through this solicitation, the District is inviting firms interested in partnering with the District in the Program to submit a proposal for the District’s consideration. The District screens and reviews proposals in accordance with the Program key funding considerations, scientific and technical merit, alignment with District priorities, and outstanding resource management needs. The District’s requirements for innovative technology are set forth below. The evaluation criteria and minimum qualifications for submitting a proposal are detailed in the Instructions to Respondents.

I. Introduction

The District seeks proposals addressing HABs in the Ocklawaha Prairie Restoration Area (OPRA) (see Figure 1) through the reduction of phosphorous (P). The District would like to assess the efficacy and cost-effectiveness of using lanthanum-based products to sequester and remove P through the use of a lanthanum-based treatments. The District is interested in two types of treatments, sediment binding of P and P sequestration from water. The sediment treatment will consist of the treatment of approximately 20 acres of open water habitat within OPRA, for approximately one year, followed by monitoring, recurrent testing, to ensure P binding is permanent.

The second type of treatment will involve treating water with a lanthanum material to sequester P and prevent downstream loading of bioavailable P. Both treatment type demonstrations should last approximately one year. The work will be carried out in the OPRA in Marion County, Florida over a two-year period (October 1, 2023 – September 30, 2025). The successful Respondent will be responsible for all monitoring, equipment purchases, installation, maintenance, and final removal.

https://protectingfloridatogether.gov/InnovativeTechnologies

- 2 -

Figure 1

II. The Proposal

A. The proposal must include:

1) Scheduling, costs, and deliverables.

2) Information concerning the treatment methodology for P in both sediment and water column.

B. Proposed treatment methodologies for field applications should be applicable to habitats with submerged vegetation.

C. Proposals utilizing automated treatment technologies and real-time system monitoring are welcome.

D. Any proposed methodology and schedule that is consistent with the overall project objectives will be considered. Preference will be given for proposals that use products with higher lanthanum concentration and products that minimize the size of any potential storage tanks and/or pump infrastructure for the discharge water treatment.

E. Previous work utilizing the lanthanum treatment methodologies, especially in large-scale field projects, including the ability to change application/dosing rates at will, and quantification of results must be discussed.

F. Publications or reports should be included in a literature citation section of the proposal.

G. Preference will be given to the use of DEP-accredited labs.

- 3 -

III. The Project Objectives

The objectives of this project are to:

A. Demonstrate that the proposed treatment methodology can sequester P within the OPRA sediments and prevent the subsequent release of biologically available P into the overlying water column.

B. Demonstrate that the proposed treatment methodology can cost-effectively remove P from the water column, bind it in an insoluble form within the sediments, and reduce biologically available P concentrations in water discharged from OPRA to the Ocklawaha River.

C. The sediment and water column methodologies must demonstrate the ability to be implemented in large-scale field applications, including the ability to adjust applications/dosing rates as necessary to address changing conditions. Field methodologies must be applicable to areas with submerged and emergent vegetation.

D. The proposals technique must:

1) Be a technique using lanthanum-based products.

2) Aid in phosphorus inactivation from hydric sediments and water column.

3) Be supported by scientific literature. The new technology must have been demonstrated to be technically feasible under certain site conditions, but not widely used under the conditions that exist. This includes innovative applications of common use technology.

IV. Project Goals

This project’s two goals are the prevention and cleanup of HABs, by:

A. Evaluating the use of a lanthanum-based treatments to sequester sediment-bound P within OPRA, and

B. Testing lanthanum-based treatments of water to be discharged from OPRA to reduce the downstream P loading.

V. Tasks And Deliverables

The successful Respondent shall complete the following tasks and deliverables:

Task 1: Workplan Development.

Task 2: Sequestration of P in Sediments.

Task 3: Removal of Water Column P.

Task 4: Draft Final Report.

Task 5: Revised Final Report including all data.

The successful Respondent will be expected to produce a Quality Assurance Plan (QAPP).

Other tasks or subtasks are allowable, but must include associated scheduling, costs, and deliverables.

VI. Budget; Agreement

A. Budget

The budget is in the amount of $1,100,000. One or more proposals may be selected by the District for partnership for the FDEP Innovative Technologies Grant Program.

- 4 -

B. Agreement

The awarded Respondent will be expected to enter into the District’s standard form of agreement, a substantial form is included in this solicitation. This project is made possible by funding from the Florida Department of Environmental Protection (“FDEP”). The awarded Respondent will be required to perform the agreement in compliance with the Contract Payment Requirements for State-Funded Cost Reimbursement Contracts. Attachment D to the sample agreement included herein.

Evaluation Committee Meetings and Oral Presentations:

The District’s Evaluation Committee will hold the evaluation meeting at District Headquarters at 4049 Reid Street, Palatka, Florida 32177-2571, to evaluate and rank Respondents as follows:

• 11:00 a.m. on August 25, 2023, to o Discuss the responses o Finalize the initial ranking o Determine a shortlist of Respondents o Decide if oral presentations (by some or all of the Respondents) are necessary to assist in facilitating the evaluation process in determining a final recommendation.

The District will hold oral presentations with the Respondents as follows:

• 9:00 a.m., September 11, 2023 (if needed) o Receive oral presentations, followed by a Committee meeting to evaluate the presentations, and determine the final Proposal rankings o Respondents selected for oral presentations will be notified in advance of the presentation date

• Evaluation Committee meeting 2:00 p.m. August 30, 2023 (tentative)

Americans With Disabilities Act (ADA)

The District does not discriminate on the basis of disability in its services, programs, or activities. Special accommodations for disabilities may be requested through LaDonna Johnson or by calling (800) 955-8771 (TTY), at least five business days before the date needed.

- 5 -

TABLE OF CONTENTS

INSTRUCTIONS TO RESPONDENTS .............................................................................................. - 6 -

1. DEFINITIONS ................................................................................................................................. - 6 -

2. CONTRACT ADMINISTRATION ............................................................................................... - 6 -

3. WHERE TO DELIVER PROPOSAL ............................................................................................ - 6 -

4. OPENING OF PROPOSALS ......................................................................................................... - 7 -

5. PREPARATION AND ORGANIZATION OF DIGITAL PROPOSAL DOCUMENTS ......... - 7 -

6. INQUIRIES AND ADDENDA ........................................................................................................ - 8 -

7. MINIMUM QUALIFICATIONS ................................................................................................... - 9 -

8. PROPOSAL GUARANTY ............................................................................................................ - 10 -

9. SUBCONTRACTS ......................................................................................................................... - 10 -

10. SIGNATURE AND CERTIFICATION REQUIREMENTS ..................................................... - 10 -

11. DISQUALIFICATION OF RESPONDENTS ............................................................................. - 10 -

12. REJECTION OF PROPOSAL ..................................................................................................... - 11 -

13. WITHDRAWAL OF PROPOSAL ............................................................................................... - 11 -

14. EVALUATION AND AWARD PROCEDURES ........................................................................ - 11 -

15. EVALUATION CRITERIA .......................................................................................................... - 13 -

16. EXECUTION OF AGREEMENT ................................................................................................ - 14 -

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA ........................... - 14 -

18. DIVERSITY ................................................................................................................................... - 14 -

19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701 ................................... - 15 -

20. FLORIDA SALES TAX ................................................................................................................ - 15 -

21. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS ............................................... - 15 -

22. NOTICES AND SERVICES THEREOF..................................................................................... - 15 -

23. PROTEST PROCEDURES .......................................................................................................... - 15 -

FORMS

PROPOSAL FORM ......................................................................................................................... - 17 - PROPOSED SUBCONTRACTORS FORM.................................................................................. - 19 - QUALIFICATIONS — GENERAL ............................................................................................... - 20 - QUALIFICATIONS - SIMILAR PROJECTS FORM ................................................................. - 21 - QUALIFICATIONS — CLIENT REFERENCES ........................................................................ - 23 - CERTIFICATE AS TO CORPORATION FORM ....................................................................... - 24 -

AFFIDAVIT AS TO NON-COLLUSION AND CERTIFICATION OF MATERIAL

CONFORMANCE WITH SPECIFICATIONS ............................................................................. - 25 - DRUG-FREE WORKPLACE FORM ............................................................................................ - 26 - PROPOSED COST SCHEDULE .................................................................................................... - 27 - NO RESPONSE FORM ................................................................................................................... - 28 -

SAMPLE STANDARD AGREEMENT ............................................................................................. - 29 - ATTACHMENT A - STATEMENT OF WORK .......................................................................... - 45 - ATTACHMENT B - DISTRICT SUPPLEMENTAL INSTRUCTIONS ...................................... - 46 - ATTACHMENT C – INSURANCE REQUIREMENTS .............................................................. - 46 -

ATTACHMENT D – CONTRACT PAYMENT REQUIREMENTS

FOR STATE-FUNDED COST REIMBURSEMENT CONTRACTS ......................................... - 48 -

- 6 -

INSTRUCTIONS TO RESPONDENTS

1. DEFINITIONS

The definitions of capitalized terms used in this solicitation that are not otherwise defined herein can be found in the sample contract document (the “Agreement”) that is at the end of these instructions. The Agreement includes Instructions to Respondents, any addenda published by the District, the proposal provided by Respondent (the “Proposal”), and all required certifications and affidavits.

2. CONTRACT ADMINISTRATION

All inquiries related to this solicitation may only be directed to the Associate Procurement Specialist:

LaDonna Johnson, Associate Procurement Specialist Phone: 386-329-4592 Fax: 386-329-4546 Email: ljohnson@sjrwmd.com

Between the release of this solicitation and the posting of the notice of intended decision, Respondents to this solicitation or persons acting on their behalf may not contact any employee or officer of the District concerning any aspect of this solicitation, except the procurement employee listed above. Violation of this provision is grounds for rejecting a response.

3. WHERE TO DELIVER PROPOSAL

Respondent must submit its Proposal either by (1) uploading it to Demandstar or (2) delivered in “digital format” in a sealed envelope. Instructions for submitting are provided below.

(a) Uploaded

Responses can now be uploaded directly to www.demandstar.com

OR

(b) Delivered

Delivered digital format. All digitally submitted files shall be saved to a single pin/thumb/jump drive. The pin/thumb/jump drive MUST be placed in a sealed envelope. DO NOT SUBMIT YOUR

PROPOSAL BY EMAIL – THIS WILL RESULT IN THE PROPOSAL BEING REJECTED AS

NON-RESPONSIVE. Digital proposals must be mailed or hand-delivered, in a sealed envelope to:

LaDonna Johnson, Associate Procurement Specialist Attn: Office of Financial Services St. Johns River Water Management District 4049 Reid St, Palatka, FL 32177-2571

For mailed or hand-delivered digital responses, Respondents must clearly label the Proposal envelope with large bold, and/or colored lettering (place label on inner envelope if double sealed) as follows:

SEALED PROPOSAL — DO NOT OPEN

Respondent’s Name: _______________________________ Request for Proposal: 38864 Opening Time: 10:00 a.m.

Opening Date: August 22, 2023 http://www.demandstar.com/

- 7 -

4. OPENING OF PROPOSALS

Respondents or their authorized agents are invited to attend the opening of the Proposals at the following time and place:

10:00 a.m. August 22, 2023 St. Johns River Water Management District 4049 Reid St, Palatka, Florida 32177-2571

The Florida Public Records Act, §119.071(1)(b), Fla. Stat., exempts sealed Proposals from inspection and copying until such time as the District provides notice of an intended decision pursuant to §120.57(3)(a), Fla. Stat., or until 30 days after opening of Proposals, whichever is earlier. This exemption is not waived by the public opening of the Proposals.

Unless otherwise exempt, Respondent’s Proposal is a public record subject to disclosure upon expiration of the above exemption period. If any information submitted with the Proposal is a trade secret as defined in §812.081, Fla. Stat., and exempt from disclosure pursuant to §815.04, Fla. Stat., Respondent must clearly identify any such material as “CONFIDENTIAL TRADE SECRET” in its Proposal and explain the basis for such exemption. The District reserves the right, in its sole judgment and discretion, to reject a Proposal for excessive or unwarranted assertion of trade secret confidentiality and return the Proposal to Respondent.

5. PREPARATION AND ORGANIZATION OF DIGITAL PROPOSAL DOCUMENTS

Respondent must submit its Proposal in “digital format.” Instructions for submitting are provided below.

1. Respondent must follow all procedures for digital submission or the Respondent's Proposal may be determined as "non-responsive" and rejected.

2. Forms included in this document: Respondents must submit the fully completed documents by converting or scanning any paper forms to PDF format.

3. Respondent is responsible for providing evaluative documentation that it possesses the background and qualifications necessary to perform the work identified in the statement of work.

Respondents shall provide the following information in their Proposal organized under the subfolders identified below (responses to the forms can be submitted on reproduced copies):

Subfolder 1: Alignment with Scientific Methodology (lanthanum-based products)

a) Documentation of Methodology (as specified in the Statement of Work)

b) Documentation Client References (Qualifications – Client References)

c) Documentation Published Scientific Literature

Subfolder 2: Organization Abilities and Strength

a) Organization Details

b) Proposal Form

c) Proposed Subcontractors Form

d) Certificate as to Corporation Form

e) Affidavit as to Non-Collusion and Certification of Material Conformance with Specifications

f) Minimum Qualification Documents

g) Documentation of all proposed equipment and software

- 8 -

Subfolder 3: Technical and Scientific Merit

a) Proposed Technique Literature, Monitoring and Reports

b) Documentation of Scientific Experience for work identified in the Statement of Work

c) Qualifications and capabilities of firm’s management, scientific, and project management team members (Qualifications – Similar Projects)

d) Project Proposal

Subfolder 4: Financial Stability

a) Provide current insurance coverages (Respondent provided documentation)

b) Demonstrate long term efficacy and cost-effectiveness (Respondent provided documentation)

c) Proposed Cost Schedule

Subfolder 5: Other Proposal Forms

a) Drug-Free Workplace Form (if applicable)

b) Checklist of Required Documentation

c) Other related forms and documents

4. All of the forms in the solicitation package are available upon request in Microsoft® Word to aid the Respondent in submitting its Proposal in digital format.

5. Unless directed otherwise, all information required by the solicitation, including the forms listed above must be completed (typed or handwritten) and included in the submission in digital format (forms must be completed and converted/scanned to PDF format [Adobe]).

6. Unless submitted via DemandStar, the proposal must be submitted on a flash/thumb/jump drive placed in a sealed envelope pursuant to the instructions under Item 3 for sealed responses - DO

NOT SUBMIT YOUR RESPONSE BY EMAIL — THIS WILL RESULT IN THE

SUBMITTAL BEING REJECTED AS NON-RESPONSIVE.

7. The file-naming conventions for the Proposal shall include:

a) Proposal submittal: RFP # Respondent’s name (abbreviated) Due Date

(Example: RFP _____ ABC Company 09-30-23)

A RESPONDENT’S PROPOSAL MAY BE REJECTED AS NON-RESPONSIVE FOR (1)

FAILING TO COMPLETE ALL FORMS AND QUESTIONNAIRES; (2) FAILING TO

PROVIDE ALL REQUIRED MATERIALS; AND (3) OTHERWISE FAILING TO COMPLY

WITH INSTRUCTIONS FOR PREPARATION AND ORGANIZATION OF A PROPOSAL.

If you need assistance or have any questions about the format, please email or call LaDonna Johnson at ljohnson@sjrwmd.com or 386-329-4592.

In the event you decline to submit a Proposal, the District would appreciate submittal of the “No Response Form” provided at the end of the “FORMS” section to describe the reason for not submitting a Proposal.

6. INQUIRIES AND ADDENDA

District staff are not authorized to orally interpret the meaning of the specifications or other Agreement documents, or correct any apparent ambiguity, inconsistency, or error therein. In order to be binding upon the District, the interpretation or correction must be given by the Associate Procurement Specialist

- 9 -and must be in writing. The Associate Procurement Specialist may orally explain the District’s procedures and assist Respondents in referring to any applicable provision in the Request for Proposal documents, but the Respondent is ultimately responsible for submitting the Proposal in the appropriate form and in accordance with written procedures.

Every request for a written interpretation or correction must be received at least nine days prior to opening of Proposals in order to be considered. Requests may be submitted by email at ljohnson@sjrwmd.com. Interpretations, corrections, and supplemental instructions will be communicated by written addenda to this solicitation posted by DemandStar and Vendor Registry to all prospective Respondents (at the respective addresses furnished for such purposes) no later than five days before the opening of Proposals.

Submission of a Proposal constitutes acknowledgment of receipt of all addenda. Proposals will be construed as though all addenda had been received. Failure of the Respondent to receive any addenda does not relieve Respondent from any and all obligations under the Proposal, as submitted. All addenda become part of the Agreement.

7. MINIMUM QUALIFICATIONS

The minimum requirements necessary to meet the qualifications for this solicitation are identified below.

Place documentation to support these requirements in Subfolder 1 of the Proposal response.

a. Respondent (or a combination of the Principal Investigators [PIs] or subcontractors assigned to the work) must have successfully completed at least two projects of a similar nature (phosphorus removal from hydric sediments and water column using lanthanum-based products) within the ten

(10) years immediately preceding the date for receipt of Proposals. Each successfully completed project must have covered an area greater than or equal to ten (10) acres. Respondent shall provide three client references, which may include the similar project listed above, to demonstrate the Respondent firm’s scientific expertise and organizational strength. No more than one reference shall be from the District. (For a similar project listed on the previous form, simply state “Similar Project.”)

b. Respondent (or a combination of the Principal Investigators [PIs] or subcontractors assigned to the work) must have successfully completed at least one project that used an injectable lanthanum-based product to treat discharge water of at least five (5) cubic feet per second (cfs).

c. Respondent must have no less than three (3) years of experience on projects of the nature specified above.

d. At least one of the Respondent’s staff members, subcontractors, or PIs, assigned to this project, shall possess a minimum of five (5) years of cumulative experience in lanthanum-based chemical application for the binding of phosphorus in sediments and water. The time commitment of this person is considered very important to the evaluation. Explain how this individual’s experience, expertise, and time will be utilized to assure the success of the Work.

e. At least one of the Respondent’s staff members, subcontractors, or PIs, assigned to this project, shall possess a minimum of three (3) years of experience in sediment and water collection for analysis and quality assurance/quality control methodologies. The time commitment of this person is considered very important to the evaluation. Explain how this individual’s experience, expertise, and time will be utilized to assure the success of the Work.

f. Respondent shall provide resumes for all personnel assigned to this project, including the time each person will commit to this project, the names and functions of personnel assigned, and special expertise of personnel.

Any other related information provided by respondent that may be considered beneficial in the review and understanding of the proposal not specified as minimum qualifications herein this solicitation may be

- 10 -submitted within Subfolder 4 as “Other Proposal Forms and Documents”. Standard brochures and specifications may be submitted as additional material but shall not be submitted as the primary qualification data.

Irrespective of the stated minimum qualifications, the District may make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work. “Work” is defined as the whole of all labor, materials, equipment, transportation, supporting documentation, and other products, services, or facilities necessary for complete performance of the project. The District reserves the right to reject any Proposal if the evidence submitted by such Respondent and/or the District’s independent investigation of such Respondent fails to satisfy the District that such Respondent is properly qualified to carry out the obligations of the Agreement and complete the Work in a manner acceptable to the District within the time period specified.

8. PROPOSAL GUARANTY

For the purposes of this Proposal, a Proposal guaranty is not required.

9. SUBCONTRACTS

Respondent must identify all portions of the Work Respondent intends to perform through subcontractors and must list all known subcontractors who will perform said portions, on the attached “Proposed Subcontractors” form. Subcontractors must be approved by the District. Acceptance of the Proposal does not constitute approval of the subcontractors identified with the Proposal.

10. SIGNATURE AND CERTIFICATION REQUIREMENTS

An individual Respondent submitting a Proposal must sign his/her name therein and state his/her address. . If a partnership submits the Proposal, state the name and address of each partner of the partnership. If an entity submits the Proposal, an authorized officer or agent must sign the Proposal, subscribing the name of the entity with the signer’s own name and affixing an entity seal. Such officer or agent must also provide the name of the state under which the corporation is chartered, and the names and business addresses of the President, Secretary, and Treasurer. Corporations chartered in states other than Florida must submit evidence of registration with the Florida Secretary of State for doing business in the State of Florida. Respondent must certify that all persons or entities having an interest as principal in the Proposal or in substantial performance of the Work have been identified in the Proposal forms.

Respondent must submit evidence of registration (or the basis of exemption from registration) with E- Verify.

11. DISQUALIFICATION OF RESPONDENTS

Any of the following causes will be considered as sufficient grounds for disqualification of a Respondent and rejection of the Proposal:

a. Contacting a District employee or officer other than the procurement employee named in this solicitation about any aspect of this solicitation before the notice of intended decision is posted;

b. Submission of more than one Proposal for the same subject matter by an individual, firm, partnership, or corporation under the same or different names;

c. Evidence of collusion among Respondents;

d. Submission of materially false information with the Proposal;

e. Information gained through checking of references or other sources which indicates that Respondent may not successfully perform the Work;

f. Respondent is failing to adequately perform on any existing contract with the District;

g. Respondent has defaulted on a previous contract with the District;

- 11 -

h. The evidence submitted by Respondent, or the District’s investigation of Respondent, fails to satisfy the District that Respondent is properly qualified to carry out the obligations of the Agreement in a manner acceptable to the District and within the time period specified;

i. Evidence that any person or entity identified in the Proposal is found on the State’s Convicted, Suspended or Discriminatory Vendor lists.

j. Respondent fails to submit evidence of registration (or basis for exemption from registration) with E- Verify.

k. Any other cause that is sufficient to raise doubt regarding the ability of a Respondent to perform the Work in a manner that meets the District’s objectives for the Work.

12. REJECTION OF PROPOSAL

Proposals must be delivered to the specified location and received before the Proposal opening in order to be considered. Untimely Proposals will be returned to the Respondent unopened. Proposals will be considered irregular and may be rejected if they show material omissions, alterations of form, additions not called for, conditions, limitations, or other material irregularities. The District may consider incomplete any Proposal not prepared and submitted in accordance with the provisions specified herein and reserves the right to waive any minor deviations or irregularities in an otherwise valid Proposal.

The District reserves the right to reject any and all Proposals and cancel this request for proposal when it determines, in its sole judgment and discretion, that it is not in its best interest to award the agreement.

13. WITHDRAWAL OF PROPOSAL

Respondent may withdraw its Proposal if it submits such a written request to the District prior to the designated date and hour of opening of Proposals. Respondent may be permitted to withdraw its Proposal no later than 72 hours after the Proposal opening for good cause, as determined by the District in its sole judgment and discretion.

14. EVALUATION AND AWARD PROCEDURES

a. Proposals will be evaluated by an evaluation Committee based upon the criteria and weighting set forth in “EVALUATION CRITERIA.” The Committee members will meet at District headquarters or other location as appropriate to discuss the Proposals and their individual evaluations. Each Committee member completes a paper or digital evaluation form, from which the overall ranking of Proposals is compiled. Evaluation forms may be submitted at or subsequent to the evaluation Committee meeting. If it is determined that it will assist the Committee’s evaluation for some or all Respondents to make an oral presentation, such presentations will be scheduled at District headquarters or other location as appropriate.

b. Section 286.0113, Fla. Stat., exempts from being open to the public, any portion of a meeting at which: (1) a negotiation with a Respondent is conducted pursuant to a competitive solicitation; (2) a Respondent makes an oral presentation as part of a competitive solicitation; (3) a Respondent answers questions as part of a competitive solicitation; or (4) negotiation strategies are discussed.

Also, recordings of, and any records presented at, the exempt meeting are exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision or until 30 days after opening the Proposals or final replies, whichever occurs earlier. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meeting may be held off the record.

c. Pursuant to §286.0113 Fla. Stat., if the District rejects all Proposals and concurrently provides notice of its intent to reissue the competitive solicitation, the recording and any records presented at any exempt meeting shall remain exempt from §119.07(1) and §24(a), Art. I of the State Constitution (Public Records) until such time as the District provides notice of an intended decision concerning the reissued competitive solicitation or until the District withdraws the reissued competitive

- 12 -solicitation. A recording and any records presented at an exempt meeting are not exempt for longer than 12 months after the initial District notice rejecting all Proposals.

d. The Committee will meet to evaluate and rank the Proposals in the location(s), time(s) and date(s), stated at the beginning of this Request for Proposal package.

e. Following the evaluation process, the Committee will submit the final ranking of Submittals to the Governing Board for approval, except for those instances in which the authority to approve and execute the Agreement has been delegated by the Governing Board to the Executive Director, or designee. All Respondents will be notified in writing of the evaluation Committee’s final ranking of Proposals.

f. If two or more Proposals are equal in all respects, the Agreement will be awarded as follows: (1) to the Respondent that certifies compliance with §287.087, Fla. Stat., via the Drug-Free Workplace Form; (2) to a Respondent university in the State University System pursuant to §373.63, Fla. Stat.

g. All Respondents will be notified of the District’s intent to award or decision to award the Agreement.

For the purpose of filing a protest under §120.57(3), Fla. Stat., the time period will commence as provided in “NOTICES AND SERVICES THEREOF.”

[This portion of page intentionally left blank.]

- 13 -

15. EVALUATION CRITERIA

Responses shall include information or documentation and will be evaluated using the evaluation criteria set forth below. The evlauation rating scale is as follows:

More than adequate 8 to 10 Adequate 5 to 7 Less than adequate 1 to 4

Criteria Weight Written

Submittal Raw Score

Written Submittal Weighted

Total

Oral Presentation

Weighted Score

Alignment with Scientific Methodology (lanthanum-based products)

• Experience in removing phosphorus from the water column and inactivating it in the sediments, using lanthanum-based products

• Published papers on the development or utilization of lanthanum-based products by the Respondent for phosphorus remediation in aquatic sediments or water

• Client References

25%

Organizational Abilities and Strength

• Understanding the requirements of the Statement of Work

• Proposed Staffing assignments, proposed PI time assigned to project

• Proposed Software

• Proposed equipment to be used

• Minimum Qualification Documents

• Must be able to finance on a cost reimbursement basis

• Qualifications and capabilities of firms management, scientific, and project management teams

20%

Technical and Scientific Merit

• Clarity of proposal

• Proposal design and schedule for methodology development and water and sediment monitoring and verification of results

• Quality assurance/Quality control methodology, including methods for accuracy assessment and collaboration with other PIs (if applicable)

• Adequate contingency plan that ensures timely submittal of satisfactorily completed deliverables

35%

4 Cost Effectiveness

• Lowest responsive, responsible Respondent with the lowest Total

Proposal Cost. All other responses will be scored proportionately.

20%

SUBTOTAL (Written Submittal) 100%

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16. EXECUTION OF AGREEMENT

Submittal of a Proposal binds the Successful Respondent to perform the Work upon acceptance of the project for FDEP grant funding and execution of the Agreement by the District.

If a project is selected by FDEP for grant funding, a contract substantially in the form included in these documents will be provided to the Successful Respondent(s), who must execute and return the Agreement to the District within ten days of the date of receipt, along with the following:

a. A completed Internal Revenue Service Form W-9;

b. Satisfactory evidence of all required insurance coverage (as determined by the District based upon the nature of the selected project);

c. Proof satisfactory to the District of the authority of the person or persons executing the Agreement on behalf of Respondent; and

d. All other information and documentation required by the Agreement.

The District will not execute the Agreement until the above documents have been executed and delivered to the District. The Agreement will not be binding until executed by the District. A copy of the fully executed Agreement will be delivered to a Successful Respondent. The District reserves the right to cancel award of the Agreement without liability at any time before an Agreement has been fully executed by all parties and delivered to the Successful Respondent.

Failure upon the part of a Successful Respondent to execute the Agreement or timely submit the required evidence of insurance coverage, or any other matter required by the Agreement, will be just cause, if the District so elects, for the recommended award to be annulled.

17. EXAMINATION OF AGREEMENT DOCUMENTS AND WORK AREA

Respondent is solely responsible for being fully informed of the conditions under which the Work is to be performed in relation to existing conditions. Respondent is responsible for carefully examining the general area of the Work, the requirements of the drawings and other contract documents related to the Work, the time in which the Work must be completed, and any other details of the Work. Respondent must satisfy itself from its own personal knowledge and experience or professional advice as to the character of the Work, the conditions, and materials to be encountered, the character, quality, and quantities of the Work, and any other conditions affecting the Work, including surrounding land.

Failure to satisfy the obligations of this paragraph will not relieve a Successful Respondent of its obligation to furnish all material, equipment, and labor necessary to perform the Agreement and to complete the Work for the consideration set forth in its Proposal. Any such failure will not be sufficient cause to submit a claim for additional compensation.

No verbal agreement or conversation with any District officer, agent, or employee, either before or after the execution of the Agreement, will affect or modify any of its terms.

18. DIVERSITY

The District is committed to the opportunity for diversity in the award and performance of all procurement activities. The District encourages its Respondents to make a good faith effort to ensure that women, veteran, and minority-owned business enterprises (W/V/MBE) are given the opportunity for maximum participation. The District will assist Respondents by sharing information on W/MBEs to encourage their participation.

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19. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING – F.S. 287.05701: Notice is hereby provided that pursuant to Section 287.05701, Florida Statutes, the District (1) will not request documentation of or consider a Respondent’s social, political, or ideological interests when determining if the Respondent is a responsible respondent and (2) may not give preference to a Respondent based on the Respondent's social, political, or ideological interests.

20. FLORIDA SALES TAX

The District is exempt from payment of State of Florida sales tax pursuant to §212.08(6), Fla. Stat. Any tangible personal property that is the subject of this Request for Proposal is intended to remain tangible personal property and not become part of a public work owned by the District.

21. PUBLIC ENTITY CRIMES/DISCRIMINATORY VENDORS

In accordance with §287.133 and §287.134, Fla. Stat., a person or affiliate who has been placed on the convicted or discriminatory vendor lists following a conviction for a public entity crime or placement on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted or discriminatory vendor lists.

22. NOTICES AND SERVICES THEREOF

The District will publish notice of specifications and criteria, including addenda, intended agency decisions, or other matters pertinent to this solicitation on DemandStar at DemandStar.com and Vendor Registry at vendorregistry.com. DemandStar and Vendor Registry may also be accessed through the District’s web site at sjrwmd.com. In addition, the District will post notices of intended agency decisions at the District’s headquarters, 4049 Reid Street, Palatka, Florida, Administration Building, Procurement Bulletin Board, on the date the publication is posted on DemandStar and Vendor Registry.

Notices will be posted for a minimum of 72 hours. The time period for filing a Notice of Protest pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, commences at the time notices are posted.

As a courtesy to Respondents, the District may send copies of the notices of intended agency decisions via email or facsimile to Respondent. These courtesy communications neither constitute official notice nor vary the times of receipt set forth above.

23. PROTEST PROCEDURES

Pursuant to§120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by the procurement methodology described herein, or the specifications or criteria, including addenda, must file a Notice of Protest within 72 hours after its posting.

Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.003, Fla. Admin. Code, any person adversely affected by a District decision or intended decision to award a contract, or to reject all bids, proposals, or qualifications, must file a written Notice of Protest within 72 hours after posting of the decision or intended decision.

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Pursuant to §120.57(3), Fla. Stat., and Rule 28-110.004, Fla. Admin. Code, the protester must also file with the District Clerk a Formal Written Protest within ten days after the date the Notice of Protest is filed with the District. The Formal Written Protest must state with particularity the facts and law upon which the protest is based. Pursuant to §287.042(2)(c), Fla. Stat., any person who files an action protesting the decision or intended decision must post with the District Clerk at the time of filing the formal written protest a bond, cashier’s check, or money order made payable to the St. Johns River Water Management District in an amount equal to one percent (1%) of the District’s estimated contract amount.

No additional time will be added for mailing. All filings must comply with Rule 28-106.104, Fla. Admin.

Code, and must be addressed to and received by the District Clerk at the District Headquarters in Palatka, Florida within the prescribed time periods. The District will not accept as filed any electronically transmitted facsimile pleadings, petitions, Notice of Protest or other documents.

The District’s acceptance of pleadings, petitions, Notice of Protest, Formal Written Protest, or other documents filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the document being in the form of a PDF or TIFF file and being capable of being stored and printed by the District.

Failure to file a protest within the time prescribed in §120.57(3), Fla. Stat., 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, Fla. Stat. Mediation under §120.57(3), Fla. Stat., is not available.

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PROPOSAL FORM

Include this form in the response under Subfolder 2

RESPONDENT:

The undersigned, as Respondent, hereby declares and certifies that the only person(s) or entities interested in this proposal as principal(s), or as persons or entities who are not principal(s) of the Respondent but are substantially involved in performance of the Work, is or are named herein, and that no person other than herein mentioned has any interest in this proposal or in the Agreement to be entered into; that this proposal is made without connection with any other person, company, or parties making a proposal; and that this proposal is in all respects fair and in good faith without collusion or fraud.

Respondent represents to the District that, except as may be disclosed in an addendum hereto, no officer, employee or agent of the District has any interest, either directly or indirectly, in the business of Respondent to be conducted under the Agreement, and that no such person shall have any such interest at any time during the term of the Agreement, should it be awarded to Respondent.

Respondent further declares that it has examined the Agreement and informed itself fully in regard to all conditions pertaining to this solicitation; it has examined the specifications for the Work and any other Agreement documents relative thereto; it has read all of the addenda furnished prior to the proposal opening, as acknowledged below; and has otherwise satisfied itself that it is fully informed relative to the Work to be performed.

Respondent agrees that if its proposal is accepted and the project is selected, Respondent shall contract with the District in the form of the attached Agreement and shall furnish everything necessary to complete the Work in accordance with the time for completion specified in the Agreement and shall furnish the required evidence of the specified insurance.

Acknowledgment is hereby made of the following addenda (identified by number) received:

Addendum No. Date Addendum No. Date

Respondent (firm name) Date

Address

Email address

Signature Telephone number

Typed name and title

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CHECKLIST OF REQUIRED DOCUMENTATION FORM

Include this form in the response under Subfolder 5

Proposal to be opened at 10:00 a.m., August 22, 2023.

To: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Respondents are reminded to refer to “PREPARATION AND ORGANIZATION OF PROPOSAL DOCUMENTS” for information to be included with the proposal package.

Subfolder 1 – Alignment with Scientific Methodology:

a) Documentation of Methodology

b) Documentation Client References (Qualifications – Client Reference)

c) Documentation Published Scientific Literature

Subfolder 2 – Organization Abilities and Strength:

a) Organization Details

b) Proposal Form

c) Proposed Subcontractors Form

d) Certificate as to Corporation Form

e) Affidavit as to Non-Collusion and Certification of Material Conformance with Specifications

Form

f) Minimum Qualifications documents

g) Documentation of all proposed equipment and software

Subfolder 3 – Technical and Scientific Merit

a) Proposed Technique Literature, Monitoring and Reports

b) Documentation of Scientific Experience for work identified in the Statement of Work

c) Qualifications and capabilities of firm’s management, scientific, and project management team members (Qualifications – Similar Projects)

d) Project Proposal

Subfolder 4 – Financial Stability:

a) Provide current insurance coverages (Respondent provided documentation)

b) Demonstrate long term efficacy and cost effectiveness (Respondent provided documentation)

c) Proposed Cost Schedule

Subfolder 5 – Other Proposal Forms:

a) Drug-Free Workplace Form (if applicable)

b) Checklist of Required Documentation

c) Other related forms and documents

Note: The above list is provided to assist Respondents in coordinating their proposals and does not relieve Respondents from ensuring that their proposals are complete including all documentation and required forms, statements, etc.

The proposal will be awarded to the Respondent having the highest ranked proposal, which successfully concludes negotiations with the District.

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PROPOSED SUBCONTRACTORS FORM

Include this form in the response (under Subfolder 2)

Respondent must identify all portions of the Work Respondent intends to perform through subcontractors.

1. Name and address of subcontractor: ______________________________________________________

Description of work:

Estimated value of Work:

2. Name and address of subcontractor:

3. Name and address of subcontractor:

4. Name and address of subcontractor:

5. Name and address of subcontractor:

6. Name and address of subcontractor:

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QUALIFICATIONS — GENERAL

Include this form in the response (under Subfolder 2)

As part of the proposal, Respondent shall complete the following so that the District can determine Respondent’s ability, experience, and facilities for performing the Work.

Name of Respondent:

Year company was organized/formed:

Number of years Respondent has been engaged in business under the present firm or trade name:

Total number of years Respondent has experience in similar (phosphorus remediation using lanthanum-based amendments on hydric sediment and water) work as described in the INSTRUCTIONS TO

RESPONDENTS:

Has Respondent previously been engaged in the same or similar business under another firm or trade name?

If so, please describe each such instance.

Has Respondent ever been adjudicated bankrupt, initiated bankruptcy, or been the subject…

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