01519a1-5_SGS.pdf
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- COOPERATIVE WA|01519|W94216
- Contract number
- 01519
- Issued by
- Washington
About this file
This document comprises five amendments to Contract No. 01519 for Analytical Laboratory Services between the State of Washington, acting through the Department of Enterprise Services, and SGS AXYS Analytical Services Ltd, a British Columbia, Canada corporation. The contract became effective October 1, 2019, and has been amended on April 14, 2020, September 30, 2021, April 4, 2022, May 23, 2024, and September 1, 2024. The amendments were executed by representatives of both parties and document successive modifications to the contract's scope and terms.
The contract provides analytical laboratory services covering a comprehensive range of environmental testing methods across multiple matrices including water, soil, sediment, tissue, biosolids, and waste. Services include analysis for dioxins and furans (USEPA 1613B and 8290A), PCB congeners (USEPA 1668C), organochlorine pesticides (EPA 1699), pharmaceutical and personal care products (EPA 1694), polybrominated diphenyl ethers (EPA 1614A), per- and polyfluoroalkyl substances (PFAS, EPA Method 1633), and specialized analyses such as adsorbable organic fluorine and total oxidizable precursor testing. Pricing varies by test type and matrix, ranging from $161 to $1,650 per sample for standard analyses, with expedited turnaround options available at higher costs (generally 20 to 40 business days standard). The contract term was extended to September 30, 2026, through the Second Amendment. The Fourth Amendment added nondiscrimination requirements per RCW 49.60.530(3) and procedures for investigating alleged discrimination. The Fifth Amendment added a pay equality provision requiring contractor to ensure similarly employed individuals are compensated equitably, with grounds for contract suspension or termination for non-compliance.
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CONTRACT NO. 01519 - AMENDMENT NO. 01 Page 1 (4-24-2017)
State of Washington Contracts & Procurement Division Department of Enterprise Services
P.O. Box 41411 Olympia, WA 98504-1411
SGS AXYS Analytical Services LTD
2045 Mills Road West Sidney, BC, Canada, V8L5X2
FIRST AMENDMENT
TO
CONTRACT NO. 01519
ANALYTICAL LABORATORY SERVICES
This First Amendment (“Amendment”) to Contract No. 01519 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and SGS AXYS Analytical Services, a British Columbia, Canada, Corporation (“Contractor”) and is dated as of April 14, 2020.
RECITALS
A. State and Contractor (collectively the “Parties”) entered into that certain Contract No. 01519 for Analytical Laboratory Services dated effective as of October 1, 2019 (“Contract”).
B. The Parties previously have not amended the Contract.
C. The amendment set forth herein is within the scope of the Contract.
D. The Parties now desire to amend the Contract as set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract, as previously amended, as follows:
1. COVERED PRODUCT. The Contract is amended to expand the product included in the Contract to include the product listed below.
General Chemistry Matrix Price
Standard Turn Around Time in Business
Expedite Price for 10 Business days
(Dioxins/Furans) USEPA 1613B (Tissue)
Tissue $705.00 30 N/A
(Dioxins/Furans) USEPA 1613B (Solids)
Solids $680.00 20 $952.00
CONTRACT NO. 01519 - AMENDMENT NO. 01 Page 2 (4-24-2017)
2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
SGS AXYS ANALYTICAL SERVICES LTD.,
A BRITISH COLUMBIA, CANADA CORPORATION
_____________________________ By:
Name: Shea Hewage
Title: General Manager
Date: 14 April 2020
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By: _____________________________
Name: Richard Worthy
Title: Contract Specialist
Date: _____________________________
Richard Worthy
April 15, 2020
CONTRACT NO. 01519 - AMENDMENT NO. 02 Page 1
State of Washington Contracts & Procurement Division Department of Enterprise Services
SECOND AMENDMENT
CONTRACT NO. 01519
ANALYTICAL LABORATORY SERVICES
This Second Amendment (“Amendment”) to Contract No. 01519 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and SGS AXYS Analytical Services, a British Columbia, Canada, Corporation (“Contractor”) and is dated as of September 30, 2021.
RECITALS
A. State and Contractor (collectively the “Parties”) entered into that certain Contract No. 01519 for Analytical Laboratory Services dated effective as of October 1, 2019 (“Contract”).
B. The Parties previously have amended the Contract as follows.
i. Amendment 1 – Dated April 14, 2020 (Product Addition).
C. The amendment set forth herein is within the scope of the Contract.
D. The Parties now desire to amend the Contract as set forth herein.
AGREEMENT
hereby agree to amend the Contract, as previously amended, as follows:
1. TERM. The Contract term is amended to extend the term sixty (60) months, ending September 30, 2026.
2. PRODUCTS COVERED. This contract is amended to revise products covered in Exhibit A of this amendment
3. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
4. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
CONTRACT NO. 01519 - AMENDMENT NO. 02 Page 2
5. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
6. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.
EXECUTED AND EFFECTIVE as of the day and date first above written.
SGS AXYS ANALYTICAL SERVICES,
A BRITISH COLUMBIA, CANADA CORPORATION
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
General Manager
27-Sep-2021
Shea Hewage Contracts Specialist
9/28/2021
Leslie Edwards
CONTRACT NO. 01519 - AMENDMENT NO. 02 Page 3
EXHIBIT A
Product Deleted
Products Added
Test Matrix Price Standard Turn Around Time in Business
Expedite Price
Water 685.00$ 30 959.00$
Soil/Sediment/S olid Waste 895.00$ 20 959.00$
Water 870.00$ 20 1,218.00$
Tissue 895.00$ 30 n/a Water 1,650.00$ 30 2,310.00$
Aqueous, Sediment & 825.00$ 20 1,155.00$
Aqueous, Sediment & Tissue/Biota 850.00$ 20 1,190.00$
Aqueous, Sediment & Tissue/Biota 850.00$ 30 1,232.00$
Organochlorine Pesticides, EPA 1699 (Aqueous, Sediment & Tissue/Biota)
Organochlorine Pesticides, EPA 1699 (Aqueous, Sediment & Tissue/Biota)
Organochlorine Pesticides, EPA 1699 (Aqueous, Sediment & Tissue/Biota)
(Dioxins/Furans) USEPA 8290A (Water)
(PCB Congeners) USEPA 1668C (Soil/Sediment/Solid Waste)
(PCB Congeners) USEPA 1668C (Water)
(PCB Congeners) USEPA 1668C (Water) (PPCP) USEPA 1694 (Water)
Test Matrix Price Standard Turn Around Time in Business
Expedite Price
Dioxins and Furans - US EPA 8290A by SGS AXYS MLA-017 Water + Solids 685.00$ 30 959.00$
Dioxins and Furans - US EPA 1613B by SGS AXYS MLA-017 Water $ 685.00 20 $ 959.00
PCB Congeners - US EPA 1668C by SGS AXYS MLA-010 Solid (soil, sediment, waste) 895.00$ 20 959.00$
PCB Congeners - US EPA 1668C by SGS AXYS MLA-010 Water 870.00$ 20 1,218.00$ PCB Congeners - US EPA 1668C by SGS AXYS MLA-010 Tissue 895.00$ 30 n/a Pharmacueticals and Personal Care Products (119 compounds by EPA 1694, List 1-5) Water 1,650.00$ 30 2,310.00$
Organochlorine Pesticides (EPA 1699 OCs, SGS AXYS MLA-028) Water 825.00$ 20 1,155.00$
Organochlorine Pesticides (EPA 1699 OCs, SGS AXYS MLA-028 Sediment 850.00$ 20 1,190.00$
Organochlorine Pesticides (EPA 1699 OCs, SGS AXYS MLA-028 Tissue 850.00$ 30 1,232.00$
CONTRACT NO. 01519 - AMENDMENT NO. 3 Page 1
Contracts & Procurement Division Department of Enterprise Services
THIRD AMENDMENT
This Third Amendment (“Amendment”) to Contract No. 01519 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and SGS AXYS Analytical Services, a British Columbia, Canada, Corporation (“Contractor”) and is dated as of April 4, 2022.
RECITALS
A. State and Contractor (collectively the “Parties”) entered into that certain Contract No. 01519 for Analytical Laboratory Services dated effective as of October 1, 2019 (“Contract”).
B. The Parties previously amended the Contract on September 30, 2021.
hereby agree to amend the Contract, as previously amended, as follows:
1. COVERED PRODUCT. The Contract is amended to expand the product included in the Contract to include the product listed below.
Test Matrix Price (per sample)
Standard turnaround time
Expedited price
Polybrominated Diphenyl Ether Flame Retardant Compounds by EPA Method 1614A in water and soil/sediment matrices.
(by SGS AXYS method MLA-033, EPA 1614A method (List of 46 analytes)).
Water $905.00 20 business days
Not offered
CONTRACT NO. 01519 - AMENDMENT NO. 3 Page 2
2. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
4. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
5. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this
Soil $940.00 20 business days
Not offered
Per- and Polyfluoroalkyl Substances by draft EPA Method 1633 also in water and soil/sediment.
(by SGS AXYS method MLA-110, Draft EPA 1633 by UPLC-MS/MS (List of 40 analytes)).
Water $385.00 20 business days
$539.00 (10 day TAT)
Soil $405.00 20 business days
$567.00 (10 day TAT)
Reporting Options (price per sample, per analysis) - Level II PDF report delivered via email
$0 $0 $0
Optional: Level IV Data Package delivered via FTP site upload or CD
$ 35.00 Available within 5 days after analysis completion
CONTRACT NO. 01519 - AMENDMENT NO. 3 Page 3
EXECUTED AND EFFECTIVE as of the day and date first above written.
SGS AXYS ANALYTICAL SERVICES,
A BRITISH COLUMBIA, CANADA CORPORATION
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
Signed By: ________________________
Name: David Mgebroff
Title: Contracts & Procurement Supervisor
Date: 4/4/5022
Michael Erikson
General Manager 5-Apr-2022
Karen_Cassetta KC stamp
CONTRACT NO. 01519 - AMENDMENT NO. 4 Page 1
Contracts & Procurement Division Department of Enterprise Services
FOURTH AMENDMENT
This Fourth Amendment (“Amendment”) to Contract No. 01519 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“State”) and SGS AXYS Analytical Services, a British Columbia, Canada, Corporation (“Contractor”) and is dated as of May 23, 2024 (“Amendment Effective Date”).
RECITALS
A. State and Contractor (collectively the “Parties”) entered into that certain Contract No. 01519 for Analytical Laboratory Services dated effective as of October 1, 2019 (“Contract”).
B. The Parties previously amended the Contract on April 14, 2020, September 30, 2021, and April 4, 2022.
hereby agree to amend the Contract, as previously amended, as follows:
1. COVERED PRODUCT. The Contract is amended to expand the product included in the Contract to include the product(s) listed below.
Ite m
Test/Description
Matrix
Price (Per sample in
USD)
Standard turnaround time per batch (Business days)
Expedited price
1 Per- and polyfluoroalkyl Substances (PFAS) analysis by EPA Method 1633 (SGS AXYS MLA- 110)
Biological Tissue
$489.0
Biosolid $435.0
Total Oxidizable Precursor (TOP) Post Conversion only by SGS AXYS SOP MLA-111
Water $455.0
Soil $478.0
CONTRACT NO. 01519 - AMENDMENT NO. 4 Page 2
2. NONDISCRIMINATION. The following provision is added as a new subsection of the Contract in the General Provisions section:
14.24. NONDISCRIMINATION.
i. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.
ii. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to
RCW 49.60.530(3).
iii. Default. Notwithstanding any provision to the contrary, Enterprise Services may suspend Contractor, including any subcontractor, upon
Biosolid $507.0
3 Adsorbable Organic Fluorine (AOF) by CIC combustion (EPA Method 1621, SGS AXYS
SOP MLA-119)
Water
$274.0
Extractable Organic Fluorine (EOF) by CIC combustion (SGS AXYS SOP MLA-119, EOF option for aqueous, solid / biosolid)
Water $296.0
Soil $319.0
Biosolid $348.0
Total Fluorine (TF) by CIC combustion (SGS AXYS MLA-119, TF option for aqueous, solid / biosolid)
Water $161.0
Soil $161.0
Biosolid $161.0
Level IV data package for all MLA-119 analysis
Report
$18
Polychlorinated Biphenyl Compound Congeners (PCBs) by EPA Method 1668C (SGS AXYS MLA- 210, PCBs 209 Congeners by GC- MS/MS)
Biological
Tissue
$1,017.
6 PBDEs by EPA 1614A (Polybrominated Diphenyl Ethers) by SGS AXYS MLA-033 (EPA 1614A, GC/HRMS)
Biological Tissue
$869.0
CONTRACT NO. 01519 - AMENDMENT NO. 4 Page 3 notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Enterprise Services receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Enterprise Services may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
iv. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Enterprise Services and/or Purchasers shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Enterprise Services and/or Purchasers for default under this provision.
3. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.
4. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.
5. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
6. ELECTRONIC SIGNATURES. A signed copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.
CONTRACT NO. 01519 - AMENDMENT NO. 4 Page 4
7. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this
EXECUTED AND EFFECTIVE as of the Amendment Effective Date.
SGS AXYS ANALYTICAL SERVICES,
A BRITISH COLUMBIA, CANADA CORPORATION
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
Signed By: ________________________
Name: Lawrence Lim
Title: Contracts Specialist
Date: 5/22/2024
Michael Erickson Sr. Director
29-Aug-2024
Sara_Woessner
SW
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01519a5_SGS.pdf
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