notice of procurement contract award · notice of purchase contract award page 7 laboratory...

STATE of NEW YORK DEPARTMENT of TRANSPORTATION

Central Purchasing Office 50 Wolf Road, 1st Floor ─ Albany 12232

Tel: 518/457-4401 Fax: 518/457-1593

www.dot.state.ny.us/purchase

NOTICE of PROCUREMENT

CONTRACT AWARD

ITEM DESCRIPTION: Laboratory Analysis

CONTRACT PERIOD: August 1, 2008 through July 31, 2010

PROPOSAL REFERENCE: BA08/008 (May 30, 2008)

Direct Inquiries To: ►►►►►►► Barbara A. Kelly, Purchasing Agent

Contract #

PA 05673

Contractor Name & Address

Environmental Laboratory

Services 7280 Caswell Street

North Syracuse, NY 13212 FID #16-1182565

Contact Information

Tel: 315-476-4410 Fax: 315-458-0526 Nancy Struzenski

TAX PROVISIONS Purchases made by the State of New York are not subject to state or local sales taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or federal social security taxes. The official State agency purchase order or voucher is sufficient evidence to qualify the transaction exempt from sales tax under section 116(a)(1), Tax Law. For tax free transactions under the Internal Revenue Code, the New York State registration number is 14740026K.

Notice of Purchase Contract Award Laboratory Analysis – PA05673

PRICES All prices are net, as specified in the Proposal. Commodity items are to be delivered F.O.B. destination, including dock delivery and unloading by Contractor’s driver, unless otherwise specified. CONTRACT PAYMENTS Payments cannot be processed by State facilities until the contract items have been delivered in satisfactory condition. Payment will be based on any invoice used in the supplier's normal course of business, however, such invoice must contain sufficient data including but not limited to Contract No., description of material, quantity, unit and price per unit as well as Federal Identification Number. State facilities are required to promptly forward properly completed vouchers to the Office of the State Comptroller for audit, giving particular attention to those involving cash discounts. PAYMENTS OF INTEREST The payment of interest on certain payments due and owed may be made in accordance with the criteria established by Chapter 153, Laws of 1984 (Article 11A of New York State Finance Law) and the Comptroller's Bulletin No. A-91. PURCHASE ORDERS Purchase Orders shall be effective and binding upon the contractor when placed in the mail (or otherwise delivered to the Contractor) addressed to the contractor at the address shown on the face of this Notice of Contract Award. PROVISIONS UNDER ARTICLE 15-A Provisions under Article 15-A of the New York State Executive Law, relating to participation by minority group members and women with respect to State contracts, enacted by Chapter 261 of the Laws of 1988, require that the State of New York develop measures and procedures to ensure that certified minority and women-owned businesses (MWBE's) are given the opportunity for meaningful participation in the performance of State contracts, to identify those state contract requirements for which such businesses may best bid, and to promote employment of minority group members and women. Any successful bidder who receives a contract award with an anticipated value in excess of $25,000 as a result of this bid solicitation is encouraged and urged, but is not mandated, to utilize MWBE subcontractors or suppliers in the performance of the contract. Such bidder may be requested to complete a utilization plan indicating intent to comply with the minority and women-owned business participation policy expressed in Article 15-A. Compliance includes the utilization of minority and women-owned businesses as suppliers or subcontractors in connection with the contract. To assist in identifying certified firms, a directory is available from the New York State Department of Economic Development, Division of Minority and Women's Business Development, 30 South Pearl St., Albany, NY 12245 (518-292-5253). Further, submission of compliance reports relating to the implementation of and adherence to the utilization plan may be requested during the contract period.


ADDITIONAL TERMS AND CONDITIONS It is understood and agreed that all terms and conditions detailed in the Invitation for Bids, whether or not specifically set forth herein, including those of Appendix A - Standard Clauses for All New York State Contracts, are made a part of the contract(s) set forth in this Notice of Contract Award. It is further understood that the State reserves the right to terminate any Contract “for cause” immediately via written notification to the Contractor, in the event that any information or declaration furnished by the Contractor with respect to a submitted Vendor Responsibility Questionnaire, or to State Finance Law Section 139 (k), or to provisions of New York State Tax Law, Section 5a (Chapter 60 of the Laws of 2004) is found to have been intentionally false or incomplete. CONTRACT PERIOD The contract period shall be for two years beginning on or about August 1, 2008 and continue through July 31, 2010. The contract may be extended, under the same terms and conditions, for up to three additional one year period through July 31, 2013, by mutual agreement of both parties. CANCELLATION FOR CONVENIENCE The State of New York retains the right to cancel this contract without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State’s right to terminate the contract for cause, but is supplementary to that provision. METHOD OF ORDERING The contract resulting from this solicitation will be in the form of a “Price Agreement” (PA) Contract. The contractor will be furnished a transmittal letter bearing the approval of the State Comptroller and a “Notice of Contract Award” listing accepted prices, terms and conditions. The Official Department Purchase Order duly signed by an Authorized Signatory will be used as the mechanism for ordering.


FIGURE-1: STATE GEOGRAPHIC AREAS FOR NYSDOT CONTRACT LABORATORIES


DETAILED SPECIFICATION SECTION-1 - SAMPLES DRAWN BY A CONTRACT LABORATORY; CONTAINERIZED WASTE AND SOIL PILES This method is to properly characterize and analyze waste to insure adequate disposal, to limit the Departments liability, and eliminate off spec charges. Department Personnel are required to use this method when numerous samples are to be drawn. The resulting contract will require that the laboratory report to the site, perform field characterization (or visualization) and, based on the results of the field characterization, perform analysis as described in Section-2 of this solicitation. Examples of when this method will be utilized include containerized waste, and large soil piles. The Successful Bidder is guaranteed a minimum of 30 containers (requiring field characterization or visualization). No double-charge is allowed (see “note” below) for each site. When less than 30 containers are requested, the laboratory will be paid for 30 containers. Purchase Orders will be issued directly to the laboratory for the quantity of samples to be drawn. In the event materials are found that are determined to be beyond the scope of these specifications, the Contractor must contact the Contract Technical Administrator, Carl Kochersberger, at (518)485-9161. In no event will off-spec charges be allowed without prior clearance from the Contract Technical Administrator. Note: The contractor cannot double-charge for the 30 container-minimum. Example-1: If we have a facility with 10 containers: 4 require field characterization & 6 field visualization, the contractor will be paid for the field characterization (usually more expensive than visualization) of 30 containers. Example-2: If we have 3 containers that require field visualization, the contractor will be paid for the field visualization of 30 containers. 1.1 Field Visualization and Characterization: Containerized Waste The Successful Bidder(s) must report to the facility within 14 days After Receipt of Order. All sampling personnel must have completed the OSHA 40 hour Hazardous Waste Operations and Emergency Response training. All supplies and equipment necessary to complete the specified work shall be provided by the successful bidder(s). Under no circumstances are Department personnel, equipment or supplies to be utilized during any phase of the work. The field visualization will, at a minimum, include the following: A) Take note of any labels present on the container. If ingredients are listed on the label,

note the ingredients and manufacturers information. B) No field characterization or testing (below) is required if:

* DOT has an MSDS for the containerized material, or * a label is present that includes the ingredients, and * the material is in its original container and it is reasonable to conclude that the drum

contains only the original material,


If these conditions apply: 1) open carefully the container, 2) record the amount of material present in the container, and 3) confirm that the material is consistent with the information observed in the labels or MSDS. If labels / MSDS are not consistent with the observed material, perform a field characterization (below).

C) To perform a field characterization, open the container and record the following

container and material characteristics: 1) Container size.

2) Color of the material. 3) Layers or Phases (e.g., two, three,) & Physical State: liquid, solid, sludge,

liquid/solid etc... 4) Viscosity: low, medium, high 5) If the material is in various phases note percentage of each such as 50% liquid, 50% solid.

6) Record amount of material in the container such as 50% full etc... 7) Test the head space with a PID or FID and CGI (Combustible Gas Indicator) for the presence of volatile organic compounds and determining the Lower Explosive Limit (LEL) and record the reading.

8) Description of the material such as suspected paint, suspected tar, suspected oil etc... 9) Comments (if any) 10) Collect a waste sample. Samples will be collected using industry standard practices as per EPA SW- 846, to ensure collection of a representative sample, prevention of cross-contamination, personnel exposure and proper sample preservation and holding times. Determine and record the following field parameters:

10.1) pH, to aid in determining the substance corrosivity. 10.2) Field Flash. Place a very small amount of the material in a

container and attempt to ignite the sample. Measure and record the ambient temperature of the sample when performing this test.

(Note. If the sample temperature is believed to be colder than 0 degrees Celsius, the sample should be placed in an area warmer than 0 degrees Celsius for at least one hour) D) Based on the results from these tests, the contractor shall label the containers with an appropriate designation that corresponds with similar containers of waste. Use Sectio-2 item numbers for labeling. For example, paint- 22/01, 22/02 (01 is for container #1 containing suspected paint, etc.), flammables- 26/01, 26/02 etc...(Note: Containers shall be labeled with permanent markings.) 1.2 Composite Samples After field characterization has been completed, the contractor shall prepare composite samples from containers of similar designation for laboratory analysis. Prepare one composite from each fifteen containers or less in a designated group. (If the number of containers is above 17 and below


29, you must make an even split of the samples). For unknown waste with multiple containers of the same material, prepare one composite per unknown classification up to fifteen containers. For unknown waste with only one container, prepare one composite sample per container. All samples become the property of the contractor and are not to be returned to the Department. 1.3 Over-Packing Damaged or leaking containers shall be identified by the contractor and the appropriate Department personnel shall be notified immediately in order for the Department to make arrangements for Overpacking (to be done by others). 1.4 Soil Piles - Field Characterization The field characterization will, at a minimum, include the following: a) Four soil samples are to be obtained for each 50 cubic yards of material. Each sample must be taken from equally spaced locations within the pile at a depth of approximately one foot. b) Prepare one composite from the four samples obtained, test its head space with a PID or FID and record the reading. Describe soil color, and type (e.g. sand, clay, construction and demolition debris, etc). All samples become the property of the contractor and are not to be returned to the Department.

SECTION-2 - LABORATORY ANALYSIS FOR CONTRACTOR OBTAINED SAMPLES General Statement: The type of analysis performed must be supported by the field characterization results. All laboratory results must be provided to the Department within 14 days after samples have been obtained. The following analysis shall be performed based on the results from the field characterization: All Samples

2.1 All samples shall be analyzed for ignitability, (EPA Method 1010, 1020 or equivalent), and corrosivity (pH; EPA Method 9040B or equivalent; if material cannot be tested using a pH meter, use EPA Method 1110). See exception under soil piles; below.

Containerized Waste 2.2 Suspected paint/thinner waste including all types of paints (except latex), thinners /

solvents (suspected petroleum-based) used in painting etc...: percent water; non- volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; aromatics only); BTU.

2.3 Suspected paint/thinner waste including all types of paints, thinners / solvents (unknown or suspected synthetic: halogenated, etc.) used in painting etc...: percent water; non- volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; VOCs); BTU.


2.4 Suspected paint chips or latex paint: Full TCLP (see “Note” below).

2.5 Suspected antifreeze waste: Petroleum Product Scan using NYS DOH METHOD 310-13 or equivalent; NYS DEC METHOD 89-9 total glycols; RCRA metals (8) using EPA METHOD 7000-series or equivalent.

2.6 Liquids that field flashed (where container contents are greater than 20% liquid): Percent water; non-volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; VOCs); BTU.

2.7 Liquids that have head space readings above background levels but did not flash: (include sludge’s where container contents are greater than 20% liquid) Percent water, non-volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; VOCs); 8082 PCB’s and 8081A pesticides; RCRA metals (8) using EPA METHOD 7000-series or equivalent.

2.8 Sludge’s or semi-solids that flashed: Percent water, non- volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; VOCs); 8082 PCB s and 8081A pesticides; BTU.

2.9 Sludge’s or semi-solid’s that have head space readings above background levels but did not flash and where container contents are less than 20% liquid: Percent water; non-volatile residue; volatile organic compounds by difference; full TCLP.

2.10 Solid substances/soil with head space readings at background levels, (except recognizable construction and demolition debris, which require no analysis): Full TCLP. 2.11 Solid substances/soil with head space readings above background levels: Full TCLP.

2.12 Suspected Petroleum Based materials including oils, hydraulic fluid, gasoline, fuel oil etc...: EPA METHOD 8082 for PCB's only, RCRA metals (8) using EPA METHOD 7000-series or equivalent, Petroleum Product Scan using NYS DOH METHOD 310-13 or equivalent.

2.13 Suspected tar waste with greater than 20% liquid: percent water; non-volatile residue; volatile organic compounds by difference; EPA METHOD 8260 (or equivalent; aromatics only); BTU; Petroleum Product Scan using NYS DOH METHOD 310-13 or equivalent.

2.14 Liquids with head space readings at background ( not water): EPA METHOD 8082 PCB's and 8081A Pesticides; RCRA Metals (8) using EPA METHOD 7000-series or equivalent.

2.15 Suspected Pesticides: EPA METHOD 8081A (or equivalent) for Pesticides Only. 2.xx Suspected Water: No Analysis. Soil Piles


2.16 Full TCLP. Exception: NYSDOT personnel may request other analysis Note: Full TCLP refers to the 39 contaminants listed in the federal Toxicity Characteristic (TC) rule.

SECTION-3: REPORTING

3.1 Field Characterization Report The Contractor is required to provide the original Field Visualization and Characterization notes obtained under Section-1 and Section-2 of this solicitation. Additionally, the Contractor(s) is required to provide a complete summary report on the field analysis for each container. The report shall include: a) Waste type. b) Container size. c) Quantity in container. d) PID reading. e) Estimated percent liquid. f) Estimated percent solid. g) Estimated percent sludge. h) Lower explosive level. i) Color. j) Brief description. k) Label Information. l) Required analysis (e.g., 2.1, 2.2) 3.2 Laboratory Analysis Report In addition to the field characterization report, certified laboratory analysis must be provided. This information will be compiled and included in the bid documents for subsequent removal and disposal of this material. In the analytical data sheet, under sample ID, indicate the drum numbers (e.g., composite of drums: 1 & 4). All reports and analysis must be received by the Department no later than fourteen (14) calendar days after samples have been obtained.

SECTION-4: SAMPLES DRAWN BY DEPARTMENT PERSONNEL/DEPARTMENT CONSULTANTS

To use this method, Department Personnel or Authorized Consultants will call the laboratory that was awarded the contract for the area that the samples are to be drawn, explain what analysis will be required, and request an adequate number of sample bottles. The bottles will be delivered in approximately three working days. The completed analysis must be provided within fourteen days after the laboratory receives the samples. NYSDOT personnel or consultant will likely request the following analysis:


4.1 DOT Snow & Ice (SI) Parameters - 1 (Full List; water): Chloride (Cl) EPA Method 325.2 (EPA 325.2) or equivalent method Sodium (Na) EPA 273.1 or equivalent method pH EPA 150.1 or equivalent method Iodide (I) EPA 345.1 or equivalent method Total Cyanide EPA 335.4 or equivalent method Nitrate EPA 353.2 or equivalent method Nitrite EPA 353.2 or equivalent method Ammonia as N EPA 350.2 or equivalent method Total Dissolved Solids EPA 106.1 or equivalent method MBAS (Meth.Blue Act.Subst. Std. Methods 5540C or equiv. method BOD5 (Biol.Oxygen Demand EPA 405.1 or equivalent method TOC (Total Organic Carbon) EPA 415.1 or equivalent method Total Coliform (1) Std. Methods 18th. Ed. 9222B or equiv. method Lead EPA 200.7 or equivalent method Corrosivity Index Langelier Saturation Index And: Potassium (K), magnesium (Mg), calcium (Ca), iron (Fe), manganese (Mn), Bromide (Br), and Sulfate (SO4) (1) If results for Total Coliform are positive the laboratory will provide results for E. Coli (DOH requires this additional testing to laboratories) 4.2 DOT Snow & Ice (SI) Parameters - 2 (Partial List; water): Chloride (Cl) EPA 325.2 or equivalent method Sodium (Na) EPA 273.1 or equivalent method pH EPA 150.1 or equivalent method Iodide (I) EPA 345.1 or equivalent method Total Cyanide EPA 335.4 or equivalent method Nitrate EPA 353.2 or equivalent method Nitrite EPA 353.2 or equivalent method Ammonia as N EPA 350.2 or equivalent method Total Dissolved Solids EPA 106.1 or equivalent method MBAS (Meth.Blue Act.Subst. Std. Methods 5540C or equiv. method BOD5 (Biol.Oxygen Demand EPA 405.1 or equivalent method TOC (Total Organic Carbon) EPA 415.1 or equivalent method Total Coliform Std. Methods 18th. Ed. 9222B or equiv. Lead EPA 200.7 or equivalent method 4.3 DOT Snow & Ice (SI) Parameters - 3 (Short List; soil, water): Chloride (Cl) EPA 325.2 or equivalent method Sodium (Na) EPA 273.1 or equivalent method 4.4 DOT Petroleum Natural Attenuation (PENA) Parameters Iron (dissolved; Fe-II) EPA 200.7 or equivalent method


Manganese (dissolved; Mn-II) EPA 200.7 or equivalent method Sulfide (dissolved; H2S) EPA 376.1 or equivalent method Bicarbonate Alkalinity (reported as HCO3) SM 18-20 2320B Alkalinity (total) EPA 310.1 or equivalent method Nitrate (NO3) EPA 300 or equivalent method Sulfate (SO4) EPA 300 or equivalent method 4.5 Petroleum - NYSDEC STARS parameters (Full List; soil) 4.6 Petroleum Indicators (BTEX & MTBE; water, occasionally soil). EPA 8260

(aromatics only) or equivalent method. 4.7 Volatile Organic Compounds (VOCs; soil, water). EPA 8021B, or equivalent

method. 4.8 VOCs (soil, water). EPA 8260, or equivalent method. 4.9 VOCs (drinking water). EPA 524.2, or equivalent method. 4.10 Total Petroleum Hydrocarbons (TPH). Total Recoverable. EPA 418.1 4.11 TPH Diesel Range Organics (DRO). EPA 8015C 4.12 TPH Gasoline Range Organics (GRO). EPA 8015C 4.13 RCRA Metals (soil, water). EPA 7000-series or equivalent method. 4.14 TCLP (Full List; soil). EPA 1311 - Extraction Method. 4.15 VOCs. EPA Method TO-15 without Helium (He) tracer gas 4.16 VOCs. EPA Method TO-15 with Helium (He) tracer gas 4.17 Summa canister rental charge per sampling event 4.18 Flow regulator rental charge per sampling event.


SECTION-5 - OTHER FOR CONTRACT-LABORATORY OBTAINED SAMPLES This work is optional, at the Contractors discretion. Department personnel may call the contract laboratory and explain what type of samples need to be collected (e.g. residential well water), special procedures to be used during sampling (grab vs. composite samples, etc.), and the type of analysis that will be required. If the Contractor agrees to do this sampling, the laboratory will be guaranteed a minimum of 30 samples (cost: as indicated in item 2, “field characterization”, of following pages). When less than 30 samples are requested, the laboratory will be paid for 30 samples. Department testing requests will likely include: - testing residential water supplies for salt or other contaminants - surface water samples - soil samples suspected of petroleum contamination (STARS criteria) - TCLP testing for soil intended for disposal The contractor should prepare a schematic drawing of the sample locations, when appropriate (e.g., surface water sample locations, etc,). All samples become the property of the contractor and are not to be returned to the Department.


CONTRACT PRICING . . . LOT I - WESTERN AREA (FIGURE-1). 1) Field Visualization (per container; 1.1 A, B) $ 20.00

2) Field Characterization (per container/soil sample; 1.1C-D) 20.00

3) Analysis 2.1 (per composite) 16.50


5) Analysis 2.3, 2.6 (per composite) 103.00

6) Analysis 2.4, 2.10, 2.11, 2.16, 4.9 (per composite) 450.00





11) Analysis 2.12 (per composite 150.00



14) Analysis 2. 15 (per composite) 55.00

15) NYSDOT SI-1 (Analysis 4.1) 272.00

16) NYSDOT SI-2 (4.2) 183.00

17) NYSDOT SI-3 (4.3) 11.55

18) NYSDOT PENA (Analysis 4.4) 40.00

19) NYSDEC STARS (Full list; soil. 4.5) 145.00

20) Petroleum Indicators (BTEX & MTBE. 4.6) 55.00

21) VOCs (EPA 8021B, or equiv. method; soil, water. 4.7) 55.00

22) VOCs (EPA 8260, or equivalent method; soil, water. 4.8) 80.00

23) VOCs (EPA 524.2, or equivalent method; drinking water. 4.9) 80.00

24) TPH - Total Recoverable. (EPA 418.1. 4.10) 70.00

25) TPH - DRO (EPA 8015C. 4.11) 45.00

26) TPH - GRO. EPA 8015C. 4.12) 45.00

26) RCRA Metals (soil, water. EPA 7000-series or equiv. meth. 4.13) 55.00

28) TCLP (Full List; soil. EPA 1311 - Extraction Method. 4.14) 450.00

29) VOCs (EPA TO-15 without Helium (He) tracer gas. 4.15) 250.00

30) VOCs. (EPA Method TO-15 with Helium (He) tracer gas. 4.16) 270.00

31) Summa canister rental charge per sampling event (4.17) No Charge

32) Flow regulator rental charge per sampling event (4.18) No Charge


LOT II - EASTERN AREA (FIGURE-1).

1) Field Visualization (per container; 1.1 A, B) $ 20.00















16) NYSDOT SI-2 (4.2) 183.00

17) NYSDOT SI-3 (4.3) 11.55








25) TPH - DRO (EPA 8015C. 4.11) 45.00

26) TPH - GRO. EPA 8015C. 4.12) 45.00








LOT III - DOWNSTATE AREA (FIGURE-1).

1) Field Visualization (per container; 1.1 A, B) $ 20.00















16) NYSDOT SI-2 (4.2) 183.00

17) NYSDOT SI-3 (4.3) 11.55








25) TPH - DRO (EPA 8015C. 4.11) 45.00

26) TPH - GRO. EPA 8015C. 4.12) 45.00







notice of procurement contract award · notice of purchase contract award page 7 laboratory...

Documents