25-09 Lab Services Competitive Contract.pdf

Willingboro

Municipal Utilities

Authority

COUNTY OF

BURLINGTON

STATE OF NEW JERSEY

Chair - Patricia Lindsay-Harvey

Vice Chair

Diallyo Diggs

Commissioners

Carl Turner

Kevin McIntosh

James Boyer

Alternates

William Weston, 1st Alt.

Kimbrali Davis, 2nd Alt.

Executive Director

James Mackie

CC# 25-09

NJDEP Certified Contract Laboratory to Perform Water and Wastewater Testing Services

Through the Competitive Contracting Process

Due

May 28, 2025 at 10:00am

LEGAL NOTICE

Notice is hereby given by the Willingboro Municipal Utilities Authority that a Competitive Contract in accord with N.J.S.A.

40A:11- 4.1 will be received by the Authority on May 28, 2025 at 10:00am prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BIDNET at www.bidnetdirect.com//wmua

CC# 25-09 NJDEP Certified Contract Laboratory to Perform Water and Wastewater Testing Services

Through the Competitive Contracting Process

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27 et. Seq., The Willingboro Municipal Utilities Authority will award this Competitive Contract in accord with Price and Other Factors as outlined within N.J.S.A 40A:11-4.1 et. Seq., and N.J.A.C. 5:34-4.1 et. Seq., Report of Competitive Contract:

In accord with N.J.S.A. 40A:11-4.4(d) the summary report will be posted on the City procurement website at www.bidnetdirect.com//wmua at least 48 hours prior to the governing body taking action on award.

This procurement has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A. 19:44A-20.5).

James Mackie April 28, 2025

Executive Director http://www.bidnetdirect.com/wmua

ADMINISTRATIVE DOCUMENTS

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials

When Due if not submitted with Bid

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in

“General Conditions” Required from the Awarded Contractor Upon

Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if

Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub Contractors Prior to Contract

Award

X Non-Collusion Affidavit Prior to Contract

Award

X Experience and Background Questionnaire Prior to Contract

Award

X Insurance and Indemnification Certificate Prior to Contract

Award

X Disclosure of Investment Activities in Russia Iran Form Prior to Contract

Award

Federal debarment Form Prior to Contract

Award

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or Certificate of Employee Information Report

Signing Contract

X Bidder’s Checklist Prior to Contract

Award x Fair Inclusion Questionnaire Prior to Contract

Award

X False Statement of Penalties Certification Prior to Contract

Award

X W9 Form

Signing Contract

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name: Date:

Authorized

Representative:

Signature:

Print Name &

Title:

1.0 Purpose and Scope

The Willingboro Municipal Utilities Authority is seeking:

CC#25-09 NJDEP Certified Contract Laboratory to Perform Water and Wastewater Testing Services

Through the Competitive Contracting Process.

As such, the procurement is being conducted as a competitive contract procurement process. The Authority will award to the most advantageous vendor, price and other factors considered, up to a five (5) year contract., at the discretion of the Board of

Commissioners.

ALL RESPONSES AND QUESTIONS ARE TO BE CONDUCTED ON THE CITY’S E-PROCUREMENT SITE AT

BIDNET at www.bidnetdirect.com//wmua

NO PHYSICAL OR EMAILED PROPOSAL RESPONSES SHALL BE ACCEPTED

2.0 Competitive Contracting Evaluation

All Proposals shall be evaluated on the basis of the most advantageous vendor, price and other factors considered (N.J.S.A. 40A:11-

4.1 et. Seq.,), of what is included in the Proposals submitted to The Authority. The Authority reserves the right to reach out to a vendor to get clarification on Proposals on specific items if necessary, during the deliberation process.

Certain contracts may request for vendors to give a presentation on the services they are proposing. If and when a prospective contractor/vendor is given the opportunity to give such a presentation, the contractor shall be restricted to only present what is included in the original proposal. If new information is offered during the evaluation period it shall not be considered during the review process.

All Proposals shall be evaluated based on the statutory categories as per NJAC 5:34-4.1 which is Technical, Management, and Cost criteria. These categories may be broken into subcategories but shall remain within the confines of the three core criteria.

Technical Ability __40__%

Managerial Ability __30__%

Cost Factors __30__%

Weights will be announced at time of opening prior to opening of proposals.

3.0 PROPOSAL REQUIREMENTS

The competitive contract is to include the following and be formatted as follows to assure consistency:

Section A. Scope of services

Perform a variety of analytical tests related to a public water and wastewater system. A sample listing of standardized testing is attached. Services may include sampling at Willingboro MUA locations, or the pickup of samples collected by Willingboro personnel.

Section B. Qualifications & Experience

The laboratory proposing to supply these services must be certified by the New Jersey Department of Environmental Protection for each of the parameters listed herein and/or indicate intent to subcontract said parameter(s) to an outside laboratory certified for the respective parameter(s).

Section C. Resume & Qualifications of Key Personnel

Key personnel must include the laboratory director and any supervisory personnel who will be assigned to the Willingboro MUA account.

Section D. Client Reference List

The proposing laboratory must submit a list of at least 4 references from current clients.

Section E. Conflict of Interest(s)

This section should disclose any potential conflicts of interest that the firm may have in performing these services for the Willingboro

Municipal Utilities Authority.

Section F. Proposed pricing itemized by test. All other charges such as sample pick up must be included.

Section G. Insurance and indemnification

Insurance

Prior to commencing work under contract, the successful firm shall furnish the Willingboro Municipal Utilities

Authority with a certificate of insurance as evidence that it has procured the insurance coverage required herein. A carrier approved by the Willingboro Municipal Utilities Authority must provide the coverage. Firms must give the

Willingboro Municipal Utilities Authority a sixty (60) day notice of cancellation, non-renewal, or change in insurance coverage. The successful firm(s) shall provide and maintain the following minimum limits of insurance coverage during the period of performance required under the contract resulting from this Competitive contract:

PROFESSIONAL LIABILITY

Minimum of $1,000,000.00 errors and omissions per occurrence to be amended based upon the specific work and values involved.

WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY

• Statutory coverage for New Jersey

• $100,000.00 Employer’s Liability

GENERAL LIABILITY

Minimum of $1,000,000 per occurrence to be amended based upon the specific work and values involved. The

Willingboro Municipal Utilities Authority shall be named as additional insured with respect to general liability.

AUTOMOBILE LIABILITY

Minimum of $1,000,000 per occurrence/$1,000,000 aggregate. This coverage is required if the operation of any vehicle is required in the performance of the services detailed herein (including but not limited to the use of a vehicle to make any on-site visits).

INDEMNIFICATION

The selected firm(s) shall defend, indemnify, and hold harmless the Willingboro Municipal Utilities Authority, its officers, agents, and employees from all claims and costs of any nature. Whether for personal injury, property damage, or other liability arising out of or in any way connected with the firm’s acts or omissions under this agreement.

Section H. Equal Employment Opportunity Certificate

All companies responding to this request must provide a copy of the New Jersey certificate of employee information report. Form AA -- 302. In lieu of the New Jersey form the company could supply a letter of federal approval certifying that the company has a federally approved or sanctioned affirmative action program.

4.0 Miscellaneous

1. No oral interpretation shall be made to any bidder as to the meaning of any of the specifications. All questions shall be submitted through the e-procurement site. The Authority will arrange as addenda, which shall become part of the contract, all pertinent questions received and the decision regarding each, prior to the opening of proposals.

2. The signed proposal form must uploaded on the e-procurement site prior to the hour named above.

3. The Willingboro Municipal Utilities Authority will not be responsible for any expenses incurred by any firm in preparing or submitting a proposal. All proposals shall provide a straightforward, concise delineation of the firm’s capabilities to attest to the requirements of this Competitive contract. Emphasis should be on completeness and clarity of content.

4. The contents of the proposal submitted by the successful firm(s) and this Competitive contract may become part of the contract for these services. The successful firm(s) will be expected to execute said contract with the Willingboro

Municipal Utilities Authority.

5. Any selected firm is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this

Agreement of its rights, title, or interest therein or its power to execute such agreement to any other person, company, or corporation without the prior written consent of the Authority.

6. The selected firm(s) shall be required to comply with the requirements of P.L. 1975, c. 127 (see attached affirmative action language) and submit an employee information report or certificate of employee information report approval.

This requirement will be addressed upon execution of the Agreement.

7. The selected firm(s) shall be required to provide a Business Registration Form(s) and Proof of Insurance.

The proposal will be independently evaluated based on the criteria listed below:

Proven record of experience, including referrals, in providing the type of services detailed herein:

• Ability to provide services in a timely manner. Typical turnaround time of 10-14 business days for analysis (excluding extensive analysis, e.g., PFA’s)

• Adheres to SSTM criteria. Refer to provided SSTM criteria

• Ensure methods for laboratory analysis adhere to facility permits, per EPA/NJDEP (i.e., all water and wastewater permits)

• Ability to meet mandatory WMUA schedule requiring pickups every Wednesday and Thursday after 12pm but before

4pm; with 2x/year Friday pickups for bioassay-related analysis. The frequency of pickups is subject to change depending on the issuance of a new surface water permit

• Ensure 48-hour hold-time is strictly adhered to for compliance analysis, and laboratory is required to effectively communicate potential permit violations or non-compliance concerns

• E2 reporting capability

• Personnel qualifications

• Understanding of the services requested (including completeness and clarity of submission), and qualitative nature of the services proposed

• Price of testing

• Refer to provided surface water and residuals permits for additional information

5.0 Term of Contract

The term of contract at the discretion of the Board of Commissioners may be from one (1) to five (5) years.

6.0 No guaranteed minimum amounts

There is no guarantee as to the minimum quantities provided in this procurement. Estimated quantities as listed are for pricing and cost factor purposes, and do not represent any minimum of guarantee for service activity, analysis or similar service quantities from year to year.

No.

Estimated Quantity

Matrix Analysis Unit Price Total Price

1 5 MISC

SAMPLE PICKUPS (other than included weekly pickups)

2 5 MISC

SAMPLE COLLECTION SERVICES (Field Services – per hour)

WASTEWATER TESTING

QUARTERLY BASIS

3 4 WASTEWATER OIL & GREASE VIA 1664

4 4 WASTEWATER TDS

5 4 WASTEWATER COPPER

6 16 WASTEWATER

PFC'S ON INF/EFF WITH FIELD BLANK –

NFC (16 includes the 8 samples plus 8 field blanks)

7 16 WASTEWATER PCB CONGENERS TRACK BACK VIA 1668A

8 8 WASTEWATER 1,4-DIOXANE (INF/EFF) - NFC

SEMI-ANNUAL BASIS

9 2 WASTEWATER ACUTE BIOASSAY - CERIODAPHNIA

10 2 WASTEWATER CHRONIC BIOASSAY-CERIODAPHNIA

11 2 WASTEWATER VOC'S VIA 624

12 2 WASTEWATER ABN DSW VIA 625

13 2 WASTEWATER PEST./PCB'S DSW VIA 608

14 2 WASTEWATER FREE CYANIDE

15 2 WASTEWATER 12 METALS (SEE LIST IN COMMENTS)

16 4 WASTEWATER

MERCURY WITH FIELD BLANK VIA 1631

REV. E (total includes 2 samples plus 2 field blanks)

17 2 WASTEWATER ASBESTOS

18 2 WASTEWATER PHENOLS

19 2 WASTEWATER ORGANO. PHOS. COMPOUNDS

20 4 WASTEWATER

CONGENER (DRY WEATHER) – ANALYSIS

(total includes 2 samples plus 2 rinsate blanks)

21 2 WASTEWATER

CONGENER (DRY WEATHER) - SAMPLING

FEE

WEEKLY BASIS

22 104 WASTEWATER BOD (INF/EFF)

23 52 WASTEWATER TOTAL PHOSPHORUS

24 52 WASTEWATER AMMONIA NITROGEN

25 104 WASTEWATER NITROGEN, NITRATE TOTAL AS N

MISCELLANEOUS

26 1 WASTEWATER ID27 GRIT (AS NEEDED BASIS)

27 10 WASTEWATER FECAL COLIFORM (EFF AS NEEDED BASIS)

28 10 WASTEWATER E. COLI (EFF AS NEEDED BASIS)

29 10 WASTEWATER TSS (INF/EFF AS NEEDED BASIS)

30 5 WASTEWATER TURBIDITY (AS NEEDED BASIS)

31 4 WASTEWATER COLOR (EFF AS NEEDED BASIS)

SLUDGE TESTING

32 12 SLUDGE NJ SQAR TABLE 1

33 1 SLUDGE NJ SQAR TABLE 2-6

34 4 SLUDGE

ALKALINITY & VOLATILE ACIDS for volatile acids/alkalinity ratio ON

DIGESTER (AS NEEDED BASIS - NFC)

35 5 SLUDGE

PFC'S (BELT FILTER PRESS SLUDGE &

ANAEROBIC LIQUID SLUDGE) - NFC

DRINKING WATER TESTING

MONTHLY BASIS

36 12 WATER HPC (DI WATER)

37 12 WATER CONDUCTIVITY (DI WATER)

38 72 WATER 1,4-DIOXANE - NFC

39 66 WATER

PFA’S FULL LIST WITH FIELD BLANK – NFC

(total includes 33 samples plus 33 field blanks) – specify if you are using Method 533 or 537.1 _______________

QUARTERLY BASIS

40 16 WATER TTHM'S – Stage 2 DBPs

41 16 WATER HAA5'S – Stage 2 DBPs

42 8 WATER VOC'S VIA 524.2

43 10 WATER

PFA’s FULL LIST WITH FIELD BLANK FOR COMPLIANCE (total includes 5 samples plus 5 field blanks) – specify if you are using Method 533 or 537.1 __________

ANNUAL BASIS

44 24 WATER IRON

45 24 WATER MANGANESE

46 1 WATER SUITABILITY (DI WATER)

47 1 WATER METALS (DI WATER) (8 metals total in bundle)

48 1 WATER CHLORIDE

49 1 WATER SODIUM

50 4 WATER NITRATE

51 1 WATER VOC'S VIA 524.2

52 2

WATER

(considered wastewater)

Chloroform, Bromoform, Bromodichloromethane, Dibromochloromethane (DW Plant Lagoon samples)

TRIENNIAL BASIS (AS NEEDED BASIS)

53 30 WATER LEAD (TRIENNIAL SAMPLING)

54 30 WATER COPPER (TRIENNIAL SAMPLING)

55 8 WATER

INORGANICS GROUP (TRIENNIAL

SAMPLING)

56 8 WATER

SECONDARY GROUP (TRIENNIAL

SAMPLING)

57 8 WATER EDB AND DBCP (TRIENNIAL SAMPLING)

58 4 WATER

1,2,3-TRICHLOROPROPANE (TRIENNIAL

SAMPLING)

MISCELLANEOUS

59 1 WATER ASBESTOS (AS NEEDED BASIS)

60 30 WATER LANGELIER (AS NEEDED BASIS)

61 30 WATER AGGRESSIVE INDEX (AS NEEDED BASIS)

62 40 WATER

TOTAL COLIFORM & FREE CHLORINE (AS

NEEDED BASIS)

63 4 WATER PERCHLORATE (AS NEEDED BASIS)

64 4 WATER LITHIUM (AS NEEDED BASIS)

65 16 WATER PFA’S WITH FIELD BLANK (AS NEEDED

BASIS) (total includes 8 samples and 8 field blanks) – specify if you are using Method 533 or 537.1 _______________

66 4 WATER FLUORIDE (AS NEEDED BASIS)

67 2 WATER ARSENIC

COMMENTS: WASTEWATER METALS (12)

ANTIMONY SILVER CADMIUM

ARSENIC SELENIUM LEAD

BARIUM THALLIUM CHROMIUM

BERYLLIUM ZINC NICKEL

Note: NFC means “not for compliance.”

Regarding Bioassays (Acute and Chronic):

The expectation is the contracted certified laboratory will set up their composite samplers for proper sampling and collection of the acute and chronic bioassays and perform the analysis. If the contracted laboratory must subcontract this work, and if the subcontracted laboratory is not certified in analyzing ammonia (this parameter is required per the surface water permit), then the laboratory will need to coordinate with WMUA laboratory staff to collect the ammonia samples for analysis from the same composite sampler effluent.

Regarding ID27 Grit analysis (Per Burlington County Department of Solid Waste):

Technical criteria: RATER NAME:

(Max Points 40) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

Concise and Superior Response

Vendor Name:

(1) Does the vendor's proposal demonstrate a clear understanding of the scope of work and related objectives?

(2) Is the vendor's proposal complete and responsive to the specific RFP requirements?

(3) Has the past performance of the vendor's proposed methodology been documented?

(4) Does the vendor's proposal use innovative technology and techniques?

Sub Total Technical 0

Management criteria:

(Max Points 30) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

(1) Does the vendor document a record of reliability of timely delivery and on-time and on- budget implementation?

(2) Does the vendor document industry or program experience?

(3) Are the availability of in- house and contract resources documented?

Sub Total Managerial 0

Cost criteria:

(Max Points 30) 1 Pt = Poor Response, 3 Points = Average Response, 5 Pts =

(1)Relative cost: How does the cost compare to other similarly scored proposals?

(2)Full explanation: Is the price and its component charges, fees, etc. adequately explained or documented?

(3) Does the proposal include quality control and assurance programs?

SUB TOTAL COST 0

Total Points Technical + Managerial + Cost 0

April 2020

General

1) What is the Sufficiently Sensitive Rule and where can I find it?

o The purpose of this rule is to clarify that applicants and permittees in the National Pollutant Discharge Elimination System Program (in NJ this is the NJPDES program) must use EPA-approved analytical methods that are capable of detecting and measuring the pollutants at, or below, the applicable water quality criteria or permit limits.

An EPA fact sheet is available at:

http://water.epa.gov/polwaste/npdes/basics/upload/Public-Fact-Sheet-Sufficiently- Sensitive-Methods-Rule-8-18-14-Final.pdf

The rule itself is available at:

https://www.federalregister.gov/articles/2014/08/19/2014-19265/national-pollutant-discharge-elimination-system-npdes-use-of-sufficiently-sensitive-test-methods-for.

2) When do the Sufficiently Sensitive Test Methods (SSTM) requirements become effective?

o This final rule became effective on September 18, 2014 and all analytical monitoring was required to immediately come into compliance with the final rule.

http://water.epa.gov/polwaste/npdes/basics/upload/Public-Fact-Sheet-Sufficiently-Sensitive-Methods-Rule-8-18-14-Final.pdf http://water.epa.gov/polwaste/npdes/basics/upload/Public-Fact-Sheet-Sufficiently-Sensitive-Methods-Rule-8-18-14-Final.pdf https://www.federalregister.gov/articles/2014/08/19/2014-19265/national-pollutant-discharge-elimination-system-npdes-use-of-sufficiently-sensitive-test-methods-for https://www.federalregister.gov/articles/2014/08/19/2014-19265/national-pollutant-discharge-elimination-system-npdes-use-of-sufficiently-sensitive-test-methods-for https://www.federalregister.gov/articles/2014/08/19/2014-19265/national-pollutant-discharge-elimination-system-npdes-use-of-sufficiently-sensitive-test-methods-for

3) What are the criteria for determining if the test method is sufficiently sensitive?

o An EPA-approved method is sufficiently sensitive where:

A. The method minimum level is at or below the level of the applicable water quality criterion or permit limitation for the measured pollutant or pollutant parameter; or

B. The method minimum level is above the applicable water quality criterion, but the amount of the pollutant or pollutant parameter in a facility’s discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge; or

C. The method has the lowest minimum level of the EPA-approved analytical methods.

4) What is EPA’s definition of method minimum level (ML)?

o The term method ‘‘minimum level’’ refers to either the sample concentration equivalent to the lowest calibration point in a method or a multiple of the method detection limit (MDL). For the purposes of this rulemaking, EPA is considering the following terms related to analytical method sensitivity to be synonymous: ‘‘quantitation limit,’’ ‘‘reporting limit,’’ ‘‘level of quantitation,’’ and ‘‘minimum level.’’ (footnotes #5 & #6 on page 49003 of the rule which can be found at http://www.gpo.gov/fdsys/pkg/FR-2014-08-19/pdf/2014-19265.pdf)

NOTE: The method minimum level is not the same as method detection level.

5) Is there a list available of the acceptable quantitation levels or range for each toxic pollutant I have to monitor in my effluent? Will NJDEP be establishing its own MLs for each approved analytical method?

o Yes. Attached to this guidance is a table which represents the best currently available Quantitation Levels and appropriate technologies for the purposes of compliance with the SSTM Rule in consideration of the three possible scenarios described in item 3. These values were selected by reviewing analytical capabilities within approved methods; reviewing data provided by certified laboratories; comparing these values to surface water quality standards (see http://www.nj.gov/dep/rules/rules/njac7_9b.pdf) and consideration of Practical Quantitation Levels as established in rule within the Ground Water Quality Standards at N.J.A.C. 7:9C. The values aslisted in the table are considered guidance and, if a more sensitive technology is approved within 40 CFR Part 136, then the Recommended Quantitation Level and relevant technique contained herein may change.

http://www.gpo.gov/fdsys/pkg/FR-2014-08-19/pdf/2014-19265.pdf http://www.nj.gov/dep/rules/rules/njac7_9b.pdf

While the Department anticipates that this table will be useful for most circumstances, there may be situations where data from an individual facility show quantifiable values in the effluent, even with a relatively high quantitation limit. In this case, a method utilizing a greater sensitivity is not required since all of the data is already detectable and quantifiable (Scenario 3.B above).

Specific Questions / Examples

6) I have a NJPDES permit limit for chlorine produced oxidants and routinely submit non-detectable values on my monitoring report form. I have historically reported <0.1 mg/L per past Department guidance rather than the actual laboratory analytical quantitation limit. Should I continue this practice?

o No. Under this scenario, reporting <0.1 mg/L on a Discharge Monitoring Report form is no longer acceptable and is not in compliance with the new SSTM rule.

Laboratories must report the actual concentration obtained at testing, and not simply reporting the data as <0.1 mg/L. For example, if the analytical quantitation level is 0.02 mg/L and the result is “ND” or non-detectable, the permittee shall report <0.02 mg/L.

7) I have a NJPDES permit limit of 0.007 mg/L for chlorine produced oxidants and my NJPDES permit states “Where the WQBELs are more stringent than the quantification limit (i.e. 0.1 mg/L), effluent compliance will be determined by comparing the reported value against the applicable quantification limit. Therefore, the enforceable daily maximum and monthly average concentration limitation is 0.1 mg/L.” Will my compliance still be judged against the reporting level of 0.1 mg/L for CPO?

o Yes, for permits that still contain this language indicating that compliance is judged against the RQL, permit compliance will continue to be assessed against the 0.1 mg/L level. However, if the RQL of 0.1 mg/L is less stringent (a higher number) than your water quality based effluent limitation, it is likely that this reporting level is not in compliance with the SSTM rule. If the method cannot detect to a level equal to or more sensitive than the WQBEL, a new test method may be necessary. Note that New Jersey laboratory certification is required for all methods performed to demonstrate compliance with this rule.

8) What are the criteria for determining if the test method is sufficiently sensitive for the parameters that do not have an assigned limit? In my NJPDES permit, lead is a “report only” parameter and the permit does not specify an RQL.

o For parameters without a permit limitation, permittees should choose a method that can quantify down to the sensitivity of the water quality criterion if possible.

The water quality criteria in the State of New Jersey are the New Jersey Surface Water Quality Standards which are available at:

http://www.nj.gov/dep/rules/rules/njac7_9b.pdf

In addition, please refer to the table at the end of this document. In this example, lead is a “report only” parameter. As indicated in this table, the permittee should utilize an analytical method that can achieve 5 ug/L or less in order to ensure compliance with the SSTM Rule. This level should be attainable using GFAA or ICP/MS.

9) My NJPDES/Discharge to Surface Water permit contains specific Recommended Quantitation Levels (RQLs) for many parameters with more stringent effluent limitations. Will permit compliance continue to be assessed against the RQLs?

o Yes. Permit compliance against RQLs will continue as long as the RQLs are retained in the current permit. The federal rule is in effect as of September 18th, 2014 and currently applies to all permittees/applicants in the NJPDES Surface Water Permitting Program.

Permittees and certified labs are encouraged to evaluate the table at the end of this document to determine if the methods currently used are in compliance with the SSTM rule. Appropriate changes may need to be made to the sampling, reporting, or methodology in order to comply. In addition new lab certifications may be required if a method change becomes necessary.

While the Department has prepared this guidance document, it is not the

Department’s intent to incorporate these Quantitation Levels into NJPDES permits as has been the Department’s previous practice. However, there are a limited number of circumstances (i.e. chlorine produced oxidants) where

“Required Quantitation Levels” will continue to be included in the NJPDES permit dependent on site-specific factors. If this is the case, the incorporation of the

Required Quantitation Level will be clearly documented in the Fact Sheet, along with a basis and background, as well as in Part III of the NJPDES permit.

10) For the parameter, Arsenic, our WQBEL is 0.017 ug/L which is less than the most sensitive analytical method of EPA approved methods which is 2 ug/L.

How do I comply with the SSTM rule?

http://www.nj.gov/dep/rules/rules/njac7_9b.pdf o As per the attached table, since the method used has the lowest minimum level of the EPA-approved analytical methods (which can be attained using GFAA or ICP/MS) it is in compliance with the SSTM rule.

Questions for Laboratories

11) I am a contract certified laboratory that is performing the testing for the permittees as my client, how is my laboratory responsible for complying with the SSTM rule?

o All laboratories, whether they be contract laboratories or affiliated with the actual permittee, are required to ensure they conduct compliance testing in accordance with their client’s specifications, and that they maintain the required certification for any methods used for that testing to ensure compliance with the applicable regulations. All laboratories are strongly encouraged to consult with their clients and obtain a copy of the most current and effective permit to ensure that the most sensitive methods are being used at the laboratory for non-potable water testing.

12) My New Jersey certified laboratory is located at or associated with the regulated discharge from my treatment facility, is my laboratory responsible for meeting the SSTM rule requirement for the parameters and methods I use at the laboratory?

o Yes. This testing is performed to demonstrate compliance with the requirements of the permittee’s regulated discharges.

Contact Information/Questions

13) If I have questions relating to lab methods for Sufficiently Sensitive Test

Methods (SSTM) or issues with a particular method in meeting the specified quantitation level, whom should I call?

o For questions regarding the applicability of the rule and whether or not the facility is complying with the target level of sensitivity, contact Steve Seeberger of the Bureau of Surface Water Permitting at (609) 292-4860 or via email at Stephen.Seeberger@dep.nj.gov o For questions regarding laboratory methodologies, certifications, or specifics relating to quantitation limits associated with individual test methods, contact Ryan Larum of the Office of Quality Assurance at 609-292-3950 or via email at Ryan.Larum@dep.nj.gov mailto:Stephen.Seeberger@dep.nj.gov mailto:Ryan.Larum@dep.nj.gov

Current Quantitation Levels (QLs)

Below is a list of what the Department has determined to be the most sensitive achievable quantitation levels available for the analysis of wastewater pollutants as of the date of this document. This list can be used as a reference in order to comply with the SSTM rule found at 40 CFR Parts 122 and 136.

While the below is being provided as guidance, note that the rule is comprised of three possible situations in which each must be evaluated for individual pollutants. Therefore, it is not possible to disseminate a list of universally acceptable test methodologies for all monitored parameters for all NJPDES permits. For example, if facilities with relatively high detectable levels for a particular parameter are reported, a method utilizing a greater sensitivity is not required since all of the data is already detectable and quantifiable. In addition, if a permit limit is a large number as compared to the SWQS (e.g., due to high dilution numbers), an extremely sensitive method may not be necessary in order to meet the SSTM rule. The following list is simply a list of what is currently considered achievable.

Parameter Units Current best available QL

Sufficiently Sensitive Technique from 40 CFR 136

Chlorine Produced Oxidants (CPO) mg/l 0.02 Spectrophotometric, or Amperometric Titration

Metals and Cyanide

Antimony, Total μg/L 4 GFAA or ICP/MS

Arsenic, Total μg/L 2 GFAA or ICP/MS

Barium, Total μg/L 4 ICP/MS

Beryllium, Total, μg/L 1 GFAA or ICP/MS

Cadmium, Total μg/L 1 GFAA or ICP/MS

Chromium, Total μg/L 4 ICP/MS

Copper, Total μg/L 4 ICP/MS

Lead, Total μg/L 2 GFAA or ICP/MS

Parameter Units Current best available QL

Sufficiently Sensitive Technique from 40 CFR 136

Manganese, Total μg/L 4 ICP/MS

Mercury, Total μg/L 0.0005 CVAFS

Nickel, Total μg/L 4 ICP/MS

Selenium, Total μg/L 4 GFAA or ICP/MS

Silver, Total μg/L 2 GFAA or ICP/MS

Thallium, Total μg/L 2 GFAA or ICP/MS

Zinc, Total μg/L 10 ICP/MS

Cyanide, Total µg/L 20 Spectrophotometric

Volatiles

Acrolein μg/L 5 GC or GC/MS

Acrylonitrile μg/L 2 GC or GC/MS

Benzene μg/L 1 GC or GC/MS

Bromoform μg/L 4 GC or GC/MS

Carbon Tetrachloride μg/L 1 GC or GC/MS

Chlorobenzene μg/L 1 GC or GC/MS

Chlorodibromomethane (Dibromochloromethane) μg/L 1 GC or GC/MS

Chloroform μg/L 1 GC or GC/MS

Dichlorobromomethane (Bromodichloromethane) μg/L 1 GC or GC/MS

1,2-Dichloroethane μg/L 2 GC or GC/MS

1,1-Dichloroethylene (1,1- Dichloroethene) μg/L 1 GC or GC/MS

1,2-Dichloropropane μg/L 1 GC or GC/MS

1,3 Dichloropropene ug/L 1 GC or GC/MS

Ethylbenzene μg/L 2 GC or GC/MS

Methyl Bromide (Bromomethane) μg/L 1 GC or GC/MS

Methylene Chloride μg/L 1 GC or GC/MS

1,1,2,2-Tetrachloroethane μg/L 1 GC or GC/MS

Tetrachloroethylene (Tetrachloroethene) μg/L 1 GC or GC/MS

Toluene μg/L 1 GC or GC/MS

1,2-Transdichloroethylene or Trans - 1,2-Dichloroethene μg/L 1 GC or GC/MS

1,1,1-Trichloroethane μg/L 1 GC or GC/MS

1,1,2-Trichloroethane μg/L 1 GC or GC/MS

Trichloroethylene (Tetrachloroethene) μg/L 1 GC or GC/MS

Vinyl Chloride μg/L 1 GC or GC/MS available QL

Sufficiently Sensitive Technique from 40 CFR 136

Acid Compounds

2-Chlorophenol μg/L 10 GC/MS

2,4-Dichlorophenol μg/L 10 GC/MS

2,4-Dimethylphenol μg/L 10 GC/MS

4,6-Dinitro-O-Cresol μg/L 10 GC/MS

2,4-Dinitrophenol μg/L 20 GC/MS

Pentachlorophenol μg/L 0.3 GC/MS (SIM)

Phenol μg/L 10 GC/MS

2,4,5 Trichlorophenol ug/L 10 GC or GC/MS

2,4,6-Trichlorophenol μg/L 10 GC/MS

Base/Neutral

Acenaphthene μg/L 9.5 GC or GC/MS

Anthracene μg/L 10 GC or GC/MS

Benzidine μg/L 10 GC or GC/MS

Benzo (a) Anthracene μg/L 0.1 GC/MS (SIM)

Benzo (a) Pyrene μg/L 0.1 GC/MS (SIM)

3,4-Benzofluoranthene (Benzo(b)fluoranthene) μg/L 0.2 GC/MS (SIM)

Benzo (k) Fluoranthene μg/L 0.3 GC/MS(SIM)

Bis (2-Chloroethyl) Ether μg/L 2 GC or GC/MS

Bis (2-Chloroisopropyl) Ether μg/L 10 GC or GC/MS

Bis (2-Ethylhexyl) Phthalate μg/L 3 GC or GC/MS

Butyl Benzyl Phthalate μg/L 7.5 GC or GC/MS

2 Chloronaphthalene ug/L 9.5 GC or GC/MS

Chrysene μg/L 2.5 GC or GC/MS

Dibenzo (a,h) Anthracene μg/L 0.3 GC/MS (SIM)

1,2-Dichlorobenzene μg/L 5 GC or GC/MS

1,3-Dichlorobenzene μg/L 5 GC or GC/MS

1,4-Dichlorobenzene μg/L 5 GC or GC/MS

3,3'-Dichlorobenzidine μg/L 10 GC or GC/MS

Diethyl Phthalate μg/L 10 GC or GC/MS

Di-N-Butyl Phthalate μg/L 10 GC or GC/MS

2,4-Dinitrotoluene μg/L 7.5 GC or GC/MS

1,2-Diphenylhydrazine μg/L 20 GC or GC/MS

Fluoranthene μg/L 10 GC or GC/MS

Fluorene μg/L 5 GC or GC/MS

Hexachlorobenzene μg/L 0.02 GC/MS (SIM)

Hexachlorobutadiene μg/L 5 GC or GC/MS

Hexachlorocyclopentadiene μg/L 2.5 GC or GC/MS available QL

Sufficiently Sensitive Technique from 40 CFR 136

Hexachloroethane μg/L 5 GC or GC/MS

Indeno (1,2,3-cd) Pyrene μg/L 0.2 GC/MS (SIM)

Isophorone μg/L 10 GC or GC/MS

Nitrobenzene μg/L 5 GC or GC/MS

N-Nitrosodi-n-butylamine ug/L 5 GC/MS

N-Nitrosodiethylamine μg/L 5 GC/MS

N-Nitrosodimethylamine μg/L 6 GC/MS

N-Nitrosodiphenylamine μg/L 5 GC/MS

N-Nitrosopyrrolidine μg/L 5 GC/MS

Pentachlorobenzene ug/L 5 GC/MS

Pyrene μg/L 10 GC or GC/MS

1,2,4-Trichlorobenzene μg/L 9 GC or GC/MS

Pesticides and Dioxin

Aldrin μg/L 0.04 GC

Alpha-BHC μg/L 0.02 GC

Beta-BHC μg/L 0.04 GC

Gamma-BHC μg/L 0.03 GC

Chlordane μg/L 0.5 GC

Chlorpyrifos μg/L 20 GC

4,4'-DDT μg/L 0.05 GC

4,4'-DDE μg/L 0.05 GC

4,4'-DDD μg/L 0.02 GC

Demeton μg/L 1 GC

Dieldrin μg/L 0.03 GC

Alpha-Endosulfan (Endosulfan I) μg/L 0.02 GC

Beta-Endosulfan (Endosulfan II) μg/L 0.04 GC

Endosulfan Sulfate μg/L 0.02 GC

Endosulfans, Total (alpha and beta) μg/L

Endrin μg/L 0.02 GC

Endrin Aldehyde μg/L 0.04 GC

Guthion (Azinphos methyl) μg/L 2.7 GC

Heptachlor μg/L 0.02 GC

Heptachlor Epoxide μg/L 0.2 GC

Malathion μg/L 2 GC

Methoxychlor μg/L 0.1 GC

Mirex μg/L 0.05 GC available QL

Sufficiently Sensitive Technique from 40 CFR 136

Parathion ug/L 4 GC

PCB-1016 μg/L 0.5 GC

PCB-1221 μg/L 0.5 GC

PCB-1232 μg/L 0.5 GC

PCB-1242 μg/L 0.5 GC

PCB-1248 μg/L 0.5 GC

PCB-1254 μg/L 0.5 GC

PCB-1260 μg/L 0.5 GC

Toxaphene μg/L 1 GC

1,2,4,5-Tetrachlorobenzene μg/L 5 GC/MS

2,3,7,8 Tetrachloro dibenzo p dioxin ug/L 0.00275 GC/MS

GFAA = Graphite Furnace Atomic Absorption ICP/MS = Inductively Coupled Plasma/Mass Spectrometry GC = Gas Chromatography GC/MS = Gas Chromatography/ Mass Spectrometry CVAFS = Cold Vapor Atomic Fluorescence Spectrometry GC/MS (SIM) = Gas Chromatography/Mass Spectrometry with Selected Ion Monitoring (SIM)

WMUA Tracking Questionnaire Regarding Good-Faith Efforts to Ensure

Fair Inclusion of Women and Minorities in the Workforce

Name of Organization:

Contact Email Address:

Contact Name:

Contact Phone Number:

Contact Title:

Date:

The Willingboro Municipal Utilities Authority ("WMUA") recognizes diversity and inclusion as a core value that strengthens our ability to deliver a premier service. We believe that an analysis of the participation and roles of certain groups that have historically been underrepresented in professional services is of particular importance to the WMUA. To that end, we are asking the private bidders/business entities (“Entity”) to complete this survey so that we may benchmark and track information about diversity and inclusion.

Please check the box that accurately describes the policies, procedures, or practices in place at your organization at the time of the completion of this questionnaire.

1. Organizational Commitment to Diversity and Inclusion

The Entity has a diversity and inclusion strategy or includes diversity and inclusion considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s senior leadership has expressed public support for its diversity and inclusion efforts.

☐ Yes ☐ No

The Entity has highlighted on its website, in social media, and in marketing materials that it is an equal opportunity employer and values diversity.

☐ Yes ☐ No

The Entity has an equal employment opportunity policy and grievance process to address discrimination concerns.

☐ Yes ☐ No

The Entity has a senior-level official, preferably with knowledge of and experience in diversity and inclusion policies and practices, who oversees and directs the Entity’s diversity and inclusion efforts.

☐ Yes ☐ No

2. Recruitment Practices

The Entity utilizes a diverse panel of interviewers when meeting with candidates. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity recruits at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, military colleges, and/or colleges that typically serve a majority-minority population. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity posts or advertises employment opportunities in media and publications focused on minorities and women. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

The Entity ensures that women and minorities are made aware of job opportunities within the organization by posting all open positions. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity uses staffing agencies that target women and minorities for experienced hire needs. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity utilizes relationships with relevant diverse professional associations to assist with recruitment efforts. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity participates in conferences, workshops, and other events to attract women and minorities and to inform them of employment and promotion opportunities. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s recruiting materials reflect staff diversity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity leverages employees from different backgrounds to assist in recruitment efforts through their professional and educational networks. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

3. Retention Strategies

The Entity has established mentoring and sponsorship programs to enhance career development opportunities and retention of employees. Such relationships include providing informal guidance and feedback to employees to help guide them and serve as a resource. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity partners with diversity-focused professional business organizations to support the professional and leadership development of women and minorities within the Entity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity maintains policies and procedures to ensure the inclusion of women and minorities in all business activities, including management. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports employee resource groups to facilitate employee engagement, networking, and personal development.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports career/work life balance with flexible work schedules, telework, wellness programs, etc. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity assesses employee contributions to diversity and inclusion through performance appraisals and reviews. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

4. Training and Development

The Entity requires all employees to successfully complete diversity and/or equal employment opportunity training on at least an annual basis. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

Taxpayer Identification

Certificate of Insurance

In accordance with the requirements for Specific Proposal Requirements

False Statement Penalties Certification

N.J.S.A. 40A:11-34

Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, co-partnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

Print Name Signature of Preparer or

Officer of the Applicant

Sworn and subscribed to before me on this ________ day of

_______________________, 20____ Signature of Notary

Notary seal Print Name

Affidavit Of Non-Collusion

The undersigned, being duly sworn according to law, deposes and says:

1. I reside at ____________________________________________________________

2. The name of the within applicant is _______________________________________

3. I execute the said RFP on behalf of the applicant with full authority to do so.

4. The applicant has not directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of fair and open process in connection with the contract.

5. All statements contained in the Qualification Statement and RFP and in this Affidavit are true and correct and were made with the full knowledge that the Willingboro Municipal Utilities Authority, Willingboro, County of Burlington, its officers and employees, rely on the truth of the statements therein made in awarding the above-named contract.

6. I further warrant that no person or selling agency has been employed or retained to solicit or service such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bonafide employees of or bonafide established commercial selling agencies maintained by the applicant.

Sworn and subscribed to before me on _______ this day of

_______________________, 20____

Signature

Print Name

Signature of Notary

Print Name

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

N.J.A.C. 17:27-1.1 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affection- al or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up- grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

EXHIBIT A (Cont)

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval; Certificate of Employee

Information Report; or

Employee Information Report Form AA-302 (electronically provided by the Division through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance.

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase &

Property, CCAU, EEO Monitoring Program as may be request- ed by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C.

17:27-1.1 et seq.

http://www.state.nj.us/treasury/contract_compliance

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract…