81029AttH1 - Technical Specifications.docx

RFP-11-##

Attachment D1 Technical Specifications

RFP-25-81029

Attachment H1 Technical Specifications

Analytical Laboratory Services to Perform Analyses of Biological Tissues (fish) and Sediment Samples for Chemical Contaminants

A. Description of Services Required

In order to support the programs of the Indiana Department of Environmental Management/Office of Water Quality (IDEM/OWQ), the State of Indiana seeks to acquire appropriate analytical laboratory services to test biological (fish) tissues and/or aquatic sediment samples for contaminants of concern known to or suspected of bioaccumulating. These laboratory services are necessary to provide valid and timely data. The analytical data will be used by the Indiana Department of Environmental Management (IDEM), Indiana Department of Health (IDOH), and the Indiana Department of Natural Resources (IDNR) in evaluating the continuation of existing, or creation of new Fish Consumption Advisories for the citizens of Indiana. Results will also be used by the various program areas of IDEM to determine the extent of contamination in biota and aquatic sediment from a variety of sources including, but not limited to, point or non-point discharges from waste fills, spill sites, storage facilities, wastewater treatment plants, non-point sources, etc. The results will support IDEM activities in the areas of compliance, enforcement, promotion of safe environmental practices, and protection of the environment and public health.

The type of samples to be analyzed by the Contractor will be predominately (~200 samples annually) biological tissue samples (mainly fish but could also include crayfish, freshwater mussels, turtle meat, frogs, plants or other tissues either whole or portions of) and some (none to 20 annually) surficial aquatic sediment samples collected from rivers, stream and lakes from within Indiana. All sampling occurs in the summer and fall of each year so that most of the laboratory workload would be from summer through the winter months. Some of these samples could be from locations suspected of containing hazardous organic and/or inorganic materials at high concentration levels. Contractors should be aware of the potential hazards associated with handling and analysis of these samples. It is the Contractor’s responsibility to take all necessary measures to ensure the health and safety of its employees.

In the event that a Contractor proposes to subcontract analyses, each facility or provider of analytical services, separately and independently, shall be required to meet all requirements of this RFP, its attachments and appendices, and the resulting Contract.

Successful respondent will be responsible for the following services:

1. Providing proper sample containers, shipping containers, dry ice and other coolants for the samples to IDEM/OWQ sampling personnel.

2. Assumption of the costs associated with sample transportation and shipping.

3. Provision of overnight or one-day courier delivery to Contractor’s facility

4. Performing requested analyses for certain parameters on submitted samples in a timely manner using prescribed methods.

5. Preparing analytical reports for samples analyzed.

6. Providing the necessary QA/QC measures and documentation.

7. Providing raw data results and QC information in a prescribed electronic format that will allow rapid and accurate uploading into the IDEM/OWQ’s Assessment Information Management System (AIMS).

8. Being available for explanation of reports and expert testimony in enforcement actions when requested.

9. Additional services as agreed to by the Contractor and the IDEM/OWQ.

The services noted above are described in Sections 1 through 6 below. Detailed functional specifications are described in the accompanying attachments.

1. Sample Containers and Preservatives

All samples will be collected, preserved, and delivered to the selected Contractor in proper containers by IDEM/OWQ personnel. The Contractor must provide sample containers (sample jars, heavy gauge 18 inch and 24 inch wide aluminum foil rolls, plastic bags, zip-lock bags of quart, gallon and 2-gallon sizes, bubble wrap to protect sediment jars during transport, shipping containers, 48-60 quart coolers, dry ice and other coolants to preserve samples at appropriate storage temperatures after collection and during shipments, etc.) at its expense for the collection, preparation and transportation of samples from IDEM/OWQ to the laboratory. Shipping containers such as 48-60 quart coolers must also be provided for shipping the samples to the laboratory.

All such shipping containers must meet United States Department of Transportation and any other appropriate regulations. These containers will be of such construction and volume to ensure the integrity of the sample to be analyzed. This implies that samples are not to come into contact with preservatives, their residues, or the shipping containers. It is the responsibility of the Vendor to perform analyses upon representative empty sample containers (i.e., aluminum foil, glass jars, and lids) from time to time to verify that they are free from contaminants. All sample containers are to be for one-time use only. Shipping containers may be re-used. All preservatives -- chemical, dry ice, ice packs, or other coolant -- must be supplied on an “as needed” basis (see below). Quantities of available preservatives must be sufficient for both collection and shipment of samples. It will be advantageous for the Contractor to establish accounts with local vendors for the bags, aluminum foil and ice supplies so that these items can be signed for and picked up by IDEM/OWQ personnel on an as-needed basis for the purposes of this RFP.

2. Sample Transportation

Contractor will make necessary arrangements for a sample courier to deliver of samples to the laboratory. Costs associated with shipping of samples will be at the selected Contractor’s expense. It will be advantageous for the Contractor to set up shipping arrangements so that shipping charges are billed directly to the vendor (recipient).

3. Analytes and Methods

Analytical parameters required will be clearly identified by the IDEM/OWQ Project Manager when samples are submitted to the Contractor. Parameters will be identified by task numbers and all parameters in those tasks will be considered the required analytical parameters for those samples (see Attachment H6 –Technical Specifications – Tasks List).

Analytical methods will be clearly identified by IDEM/OWQ Project Manager when samples are submitted to the Contractor. The parameter list in Attachment H6 –Technical Specifications – Tasks List must be met for each method performed, unless directed otherwise by the IDEM/OWQ Project Manager. Task groups may be requested in any combination.

Generally, the procedures for the specified methods for analysis should be followed. Some of the methods requested in this RFP may not have been regularly updated to reflect current advances in analytical chemistry. In such cases, the analyst is permitted to make modifications in accordance with Attachment H4 – Methods and Analytical Parameters.

As methods are updated either by the Federal Register, supplemental updates, technical notes, or memo from the United States Environmental Protection Agency (USEPA), the Contractor’s laboratory must update their methodology, Standard Operating Procedures (SOPs), and/or analyte list. The updates must be completed within the time specified in the update or sixty (60) days, whichever is greater.

4. Analytical Reports

All analyses conducted for IDEM/OWQ must result in a written analytical report, in accordance with the specifications outlined in the Attachment H5- Reporting and forwarded to the IDEM/OWQ Project Manager for review. All IDEM/OWQ sample identification numbers listed on one or more IDEM/OWQ chain of custody form(s) shipped together will be considered as one group for the purpose of this contract. These groups of samples will be assigned to analysis sets agreed to by the Contractor and IDEM/OWQ.

A report for a group is considered completed when all individual reports in a set contain all data for the required analytical parameters, QC information, and sample identification. Prior to payment, the analytical report must be accepted as completed by the IDEM/OWQ Project Manager.

All analyses conducted for IDEM/OWQ must result in a written analytical report and electronic data deliverables, in accordance with the specifications outlined in the appendices and forwarded to the responsible IDEM/OWQ contact for review. Prior to payment, the analytical report must be accepted as completed by the responsible IDEM/OWQ contact. IDEM’s review and acceptance of an analytical report and electronic data deliverables are an equal part of the sample analysis. Successful Contractors agree that fourteen (14) calendar days after the “Delivery Date” of an analytical report shall be counted as Contractor’s time. These fourteen (14) days will be treated as if the report were in the Contractor’s possession, even though under review by IDEM. These fourteen (14) days will not be counted against reporting time requirements. If there is a ninety (90) day analysis/reporting cycle, the Contractor has the full ninety (90) days to analyze the sample and deliver the report. See Section D of Attachment H1 – “Technical Specifications”, Invoicing IDEM/OWQ and Payment Reduction, for definition of “Delivery Date.”

5. Quality Assurance/Quality Control and Documentation

Contractors must have and maintain a documented Quality Assurance/Quality Control (QA/QC) Program capable of demonstrating that data has a specified degree of reliability. An acceptable QA/QC Program would be one patterned after a publication such as the “Handbook for Analytical Quality Control in Water and Wastewater Laboratories”, USEPA 600/4-79-019. Vendors must be able to validate each method used and each analysis performed by that method using the QA/QC Program.

QA/QC measures must be documented. All documentation must be maintained and made available for the use of IDEM/OWQ for five (5) years after the expiration date of this Contract. QA/QC documentation must be submitted as required in Attachment H3 – Quality Assurance/Quality Control.

The Contractor and its Agent(s) shall be subjected to a pre-award site evaluation. The purpose of this evaluation is primarily to verify the Contractor’s and its Agent(s) claim(s) as represented in the bid and supplied documentation.

Comprehensive, on-site laboratory audits may be conducted at a minimum of once per year. The State may request a site visit to a Contractor’s working support center once per year. A complete systems audit may require from one to three days. Additional audits may be performed as deemed necessary by IDEM/OWQ. Systems audits will address all laboratory operations and procedures having a direct bearing on the work performed under this contract. Contractors with out-of-state facilities will cover the cost of travel (not to include lodging and per diem) to their out-of-state facilities for two IDEM/OWQ auditors.

Proper sample chain-of-custody procedures must be maintained by Contractors. Sample holding times end when the Laboratory Reagent Blank is analyzed. Sample analysis must begin within the holding time. Payment will not be authorized for samples analyzed outside of method holding times unless directed by the IDEM/OWQ Project Manager.

6. Availability of Services and Personnel

Laboratory services will be available at all reasonable hours for the delivery of samples. When explanations of reports are necessary, they will be provided by the Vendor’s personnel. The Contractor’s personnel will be available during normal business hours. The Contractor’s personnel will not be required to provide interpretation of results obtained by the analysis of samples. It is sometimes necessary to validate analyses by the use of the Contractor’s personnel in enforcement action taken by IDEM. This use of the Contractors’ personnel will be kept to a minimum, but must be available. Appropriate charges for such use of the Contractors’ personnel (hourly costs, per diem, lodging, etc.) must be provided in a Statement of Additional Charges, or such use will be presumed to be donated.

Contractor’s services must be available at all reasonable hours for the delivery of samples collected by IDEM/OWQ personnel. Arrangements for after-hours delivery will be made prior to sample collection. Contractors must list normal hours of delivery in their responses.

Contractors must list any special conditions for samples and/or sample types delivered on a Friday; otherwise sample delivery and analysis will be treated as any normal weekday.

When explanations of reports are necessary, they will be provided by the Contractor’s personnel. This does not apply to the interpretation of results obtained by the analysis of samples.

Respondents should realize that the Contractor not only has considerable responsibility for providing reliable laboratory descriptions of the samples at issue, but also that its professional competence, the validity of the procedures used, and the resulting values reported may be challenged (perhaps in court). For Contractors to meet such challenges, they should support the laboratory data with an adequate documentation program that provides valid records of the control measures applied to all factors bearing on the final results of investigations.

B. Contractor’s Requirements

1. Contractor’s Facilities, Instrumentation, and Personnel

a. Facilities and Instrumentation

Contractors must provide a diagram and dimensions of its physical facilities. Contractors must also provide a detailed, descriptive list of the major instrumentation that will be used to perform this contract work.

b. Personnel

Contractors and their Agent(s) must designate and utilize key personnel in the performance of this Contract. Experience is defined as at least 50 percent of the personnel’s productive work time in active participation of a given task. Failure to submit this information may result in rejection of the offer/bid as nonresponsive. Any changes in key personnel while conducting business under this contract must be communicated to IDEM/OWQ with submission of appropriate resume(s). Failure to provide the personnel changes information during the contract period may result in termination of the contract.

IDEM/OWQ reserves the right to review personnel qualifications and reject work performed by personnel not meeting the minimum experience requirements as listed below. Rejected work will not be paid for.

(1) Quality Assurance Officer responsible for work under this contract must have at least two (2) years of experience in the field of QA/QC in addition to a minimum of three (3) years experience as a laboratory analyst.

(2) The ICP Spectroscopist responsible for work under this contract must have at least one (1) year of experience in the operation of an ICP on biological and/or fish tissue and sediment or soil samples.

(3) The Graphite Furnace (GFAA) and Cold Vapor (CVAA) Atomic Absorption Spectroscopist responsible for the work on this contract must have at least nine (9) months of experience in the operation of GFAA and CVAA on biological and/or fish tissue and sediment or soil samples.

(4) The Inorganic Sample Preparation Expert performing sample preparation for this contract must have at least three (3) months of experience in the preparation of ICP and AA biological and/or fish tissue and sediment or soil samples and standards.

(5) The General Inorganic Techniques Analyst responsible for work on this contract must have at least six (6) months of experience in the measurement of inorganics in biological and/or fish tissue and sediment or soil samples.

(6) The Organics Analyst responsible for work under this Contract must have at least one (1) year of experience in the operation of their respective instrumentation on biological and/or fish tissue and sediment or soil samples.

(7) The Extraction/Concentration Specialist responsible for work under this contract shall have at least six (6) months of experience in the preparation of extracts from biological and/or fish tissue and sediment or soil samples.

(8) The PCB/Pesticide Residue Analysis Specialist responsible for work under this contract shall have at least one (1) year of experience in pesticide residue and PCB analysis, including clean-up procedures such as Florisil column, Mercury, Sulfuric Acid and Gel Permeation clean-up on biological and/or fish tissue and sediment or soil samples.

(9) BTEX/TPH Analyst responsible for work under this contract shall have at least one (1) year of experience in the operation of a GC on biological and/or fish tissue and sediment or soil samples.

(10) High pressure liquid chromatography (HPLC) or Ion Chromatography (IC) operator responsible for work under this contract must have one (1) year of experience on biological and/or fish tissue and sediment or soil samples.

(11) The Biological and/or fish tissue preparation technician, responsible for work under this contract, must have a minimum of three (3) months of experience preparing and extracting frozen biological and/or fish tissues.

(12) The sediment sample preparation technician, responsible for work under this contract, must have a minimum of three (3) months of experience preparing and extracting sediment or soil samples.

Each analyst must make or have made an initial, one-time demonstration of the ability to generate acceptable accuracy and precision with the methods utilized under this contract. This data must be presented to IDEM/OWQ upon request.

2. Contractor’s Operations

a. Quality Assurance/Control Plans

Contractors must have written QA/QC Plans which demonstrate that the Contractor is capable of providing the level of QA/QC required to meet the Contract Required Quantitation Limits (CRQL) specified in the Attachment H4 – Methods & Analytical Parameters. Contractors must notify IDEM/OWQ of any significant alteration of an analytical method for which the Contractor is approved. Changes in types of detectors, major instrumentation, etc. are considered significant alterations. The SOP for these alterations must be submitted to the IDEM/OWQ Project Manager. The IDEM/OWQ reserves the right to reject any significant alterations by a Contractor to analytical methods as published by the U.S. EPA.

b. Participation in Proficiency Testing (PT) sample program

In order to determine a Respondent’s technical qualifications for performing the tasks outlined in this solicitation, Contractors must participate in a PT sample program (formerly known as a Performance Evaluation (PE) sample program) that incorporates all contract analytes available from commercial PT sample providers. Respondents must submit the previous two (2) years, PT results for the PT sample program, and for PT programs equivalent to EPA’s former Water Pollution (WP), and Water Supply (WS) round robin. If the Vendor is participating in the USEPA’s Quarterly Blind Sample Evaluations, these results must be submitted. In the event a contract is awarded, results of all PT studies participated in during the contract period must be reported to IDEM OWQ. Failure to participate in the PT programs for all available contract analytes, or failure to submit the results to IDEM/OWQ, may be grounds for termination of the contract.

Contractors must submit standard reference material evaluation results for the appropriate biological or sediment matrix.

Contractors should be voluntarily analyzing standard reference materials, even when a program is not mandated by the U.S. EPA.

c. MDL and IPR Studies

Contractors must supply MDL studies for each analyte in a Task Group. The MDL studies must have been performed within the previous year and in accordance with Attachment H4 – Methods and Analytical Parameters, Part B. The previous year will end at the date the Contractor’s response to the RFP is returned to the IDOA.

Method Detection Limits (MDL) must be determined in accordance with 40 CFR Part 136, Appendix B. It is essential that all sample processing steps of the analytical method be included in the determination of the MDL. MDL studies with spike sample recoveries (peak heights and/or peak areas) showing control limits precision and accuracy must be provided with the bid. If Contractors utilize multiple instruments for a procedure, Contractors may report the largest MDL value for an analyte obtained from a group of instruments. Contractors must list the instrument identification number or some other forms of identifier with the MDL value obtained from that instrument and provide MDL value for each analyte. These studies must include information on calibration data, instrumental conditions, method blanks and QA/QC with upper and lower control (acceptance) limits. Such submittal must include Initial Precision and Recovery (IPR) of at least 7 replicates at Reporting Limit (RL) or Limit of Quantitation (LOQ) level for MDL confirmation. MDL studies must be submitted both on paper and on disk. The form must be as follows:

Method; CASRN; Analyte Name; Target Value; Rep 1; Rep 2; Rep 3; Rep 4; Rep 5; Rep 6; Rep 7; Rep 8; Std Dev; Calculated MDL; Units.

Data must be listed one analyte per line. The disk file can be in ASCII delimited form (quotes for delimiters and comma separators only!), Excel 2007 or later, or MS Word 2007 or later.

For example:

“524.2”, “71-43-2”, “Benzene”, 1.50, 1.55, 1.43, 1.66, 1.23, 1.50, 1.49, 1.47, 0.131, 0.39,”ug/L”

d. Sample Disposal

Excess sample materials must be disposed of in accordance with all applicable State and Federal Regulations at the Contractor’s expense.

e. Performance at More Than One Location

In the event that a Contractor proposes to perform the Contract analysis at more than one physical facility/location, each facility/location shall be required, separately and independently, to meet all requirements of this RFP and its Attachments.

A single facility/location, preferably the closest to IDEM/OWQ, will be designated as the Contractor’s location. The Contractor, at the Contractor’s location, will manage all aspects of an Award with IDEM/OWQ. All billing, sample submission, reports, questions, etc. will be routed through the Contractor’s contact person, at the designated location.

Contractor’s agent(s) at each location must submit separate QA/QC documentation. Additionally, each such location must submit separate PT sample studies, personnel qualifications, and SOPs.

f. Subcontracting and Joint Ventures

The terms and conditions outlined in this section apply to Subcontracting or Joint Ventures submitted for the purposes of responding to the requirements of the RFP. The terms and conditions outlined in this section do not apply to instances where IDEM/OWQ requests the Contractor to work with a laboratory or vendor of IDEM’s choosing due to a special need or requirement by IDEM/OWQ. In these cases, it will be IDEM/OWQ’s responsibility to assure that the laboratory or vendor meets IDEM’s requirements.

In the event that a Contractor proposes to subcontract analyses, each facility or provider of analytical services, separately and independently, shall be required to meet all requirements of this RFP, its attachments and appendices, and the resulting contract.

Award(s) will only be made to a Contractor that may be authorized to utilize Subcontractors as approved. The Contractor receiving an Award and authorized to utilize Subcontractors will be designated the Contractor. The Contractor will manage all aspects of an awarded Contract with IDEM/OWQ. All billing, sample submissions, reports, questions, etc., will be routed through the Contractor. The Contractor is solely responsible for assuring compliance by the Subcontractor with the specifications of this RFP, its attachments, and the resulting Contract. IDEM/OWQ will review the performance of the Contractor and the Subcontractor as a whole.

Any failure of the Subcontractor to meet the specifications of the RFP, its attachments, and the resulting contract may cause the contract to be terminated in part or whole with the Contractor.

All Contractors must have the approval of IDEM/OWQ before submitting IDEM/OWQ samples to a Subcontractor. In the case where a Subcontractor has an existing Contract with IDEM/OWQ and is approved for the analyses being subcontracted, the cost to IDEM/OWQ for analysis must be the lesser of the two (2) bid prices between the Contractor and the Subcontractor with an existing IDEM/OWQ contract.

Subcontractor submissions must be in the same format as the Contractor’s response. Each Subcontractor’s submission will be kept together and not spread throughout the Contractor’s response. The first page of the Subcontractor’s portion will list the Bid Group, Task, and Method for each item the Subcontractor is to perform for the Contractor. Each Subcontractor must submit separate QA/QC documentation for the analyses to be conducted by the Subcontractor. Additionally, each Subcontractor must submit separate PT sample studies (if such studies exist for the analytical work requested), personnel qualifications, and SOPs for analytical services that will be subcontracted. Subcontractors with current IDEM/OWQ contracts are not required to submit this information unless requested by IDEM/OWQ.

IDEM/OWQ reserves the right to review personnel qualifications and reject work performed by personnel not meeting the minimum experience requirements as listed below. Rejected work will not be paid for. Experience is defined as at least 50 percent of the personnel’s productive work time in active participation of a given task. Any changes in key personnel while conducting business under this contract must be communicated to IDEM/OWQ with submission of appropriate resume(s).

Failure to submit this information may result in the rejection of payment for subcontracted work.

C. Tasks

1. Tasks

Analysis will be performed for the parameters listed in Attachment H6 – Task List. Task Lists (Attachment H6) are created around analytical groups which consists of full sample analyses of all parameters, all required QA/QC, and any other specification as set out in the attachments (detailing definitions, QA/QC, CRQLs, methods, and reporting requirements) for each Task listed and its associated methods.

Subject to exclusions and conditions outlined in a Task, a Respondent must submit a proposal for all of the listed tasks in Attachment H6. All methods in a task and all analytes in a method must be determined for the complete task group. No award will be made for proposals not meeting all the requirements for the task groups bid.

The requirements of the RFP and its associated attachments apply to each Task, unless stated otherwise. Respondents are cautioned to observe all requirements of individual Tasks. Exemptions and additional conditions are stated in Tasks.

Respondents must submit information and pricing for all tasks. Pricing supplied will be considered contract pricing.

Respondents are encouraged to submit a section of additional services that their lab is capable of supplying so that a determination of the labs total capabilities can be made in the interest of special projects for analytes that may be initiated within the time frame of this contract that are not part of the listed Tasks.

2. Laboratory Capacity

a. No information supplied in this RFP or attachments is to be construed as a guarantee of the number and/or type of samples to be delivered for analysis during the period of an awarded contract.

b. Contractors must be able to meet a minimum quantity requirement of 200 samples per year with a maximum quantity of 100 samples submitted in a month period for all Tasks. Some tasks will be requested on all samples while other tasks will only be requested on a portion. Contractors must be able to meet the sample quantity requirements of those Tasks.

3. Pricing and Estimation of Charges

a. Respondents must submit separate unit prices for biological tissues and for sediments for each listed Task (where applicable). This should be based on an estimated workload of approximately 200 biological and up to 20 sediment samples per year. Pricing must be submitted on the Cost Proposal Template (Attachment D). Respondents must provide pricing for 90 day and for 30-day analysis and reporting times. If a Respondent provides a discount for seasonal analysis, the higher price will be used during the proposal evaluation. Respondents are solely responsible for determining the accuracy of pricing supplied with their bids.

b. Respondents should consider the Estimated Volume listed in Attachment D with the respective reporting time and the required QA/QC level specified in each Task when supplying a bid price.

c. Samples submitted for QA/QC purposes as specified by IDEM/OWQ: trip blanks, field blanks, sample replicates, will be treated as separate samples and are billable under this Contract. Standard QA/QC items required in a method or listed in Attachment H3 – Quality Assurance/Quality Control must be accounted for in the bid price and will not be treated as separate billable items.

d. All work for this contract is to be at Data Quality Assessment level 4 (DQA4) (Attachment H3 - Quality Assurance/Quality Control Criteria).

e. The costs of sample preparatory procedures, such as extractions, digestions, cleanup, etc. are to be included in the overall cost. For example, if percent lipids, metals and total PCBs are requested on a tissue sample then the cost of analysis for determining those parameters will include all sample preparations and extractions.

D. Invoicing IDEM/OWQ and Payment Reduction

1. Invoices

a. Contractors must meet several criteria in order to submit an invoice to IDEM/OWQ;

1. In accordance with Technical Specifications, Section A.4, Contractors must wait fourteen (14) calendar days after the “Delivery Date” of a sample report to submit an invoice. The date of the invoice must be at least fourteen (14) calendar days after the “Delivery Date”. The “Delivery Date” is the day a report is stamped in at the Office of Water Quality, Watershed Assessment and Planning Branch, or the day a delivery receipt is signed by a representative of the Office of Water Quality, Watershed Assessment and Planning Branch, 2525 N. Shadeland Avenue, Suite 100, Indianapolis, IN 46219, when the report is delivered by United Parcel Service, Federal Express, US Postal Service, or other courier/delivered services via signature mail.

2. An analytical report must be accepted as “Completed” in accordance with Attachment H5 – Technical Specifications Reporting. If the Contractor is not notified of any discrepancies in the analytical report at the end of fourteen (14) calendar days of the “Delivery Date,” then the analytical report is deemed acceptable only for invoicing purposes and a Contractor may submit an invoice. If a discrepancy is found after the fourteen (14) calendar days the Contractor is still obligated to correct them. If the Contractor is notified of a report discrepancy before the end of fourteen (14) calendar days, then an invoice may not be submitted until the discrepancy is resolved.

3. Invoices dated earlier than 14 calendar days after the “Delivery Date” may be returned to the Contractor for correction and resubmittal at the option of IDEM.

4. Invoices received for reports with an unresolved discrepancy, when the discrepancy was noted within the provisions of this section, may be returned to the Contractor for correction and resubmittal at the option of IDEM.

b. Delivery

State of Indiana invoicing instructions require a copy of each invoice. Contractors must forward all invoices to:

Tim Fields (Lab Invoices) Indiana Department of Environmental Management 2525 N. Shadeland Ave., Suite 100 Indianapolis, IN 46219-1787 Email: TFIELDS@IDEM.IN.GOV

c. Invoice Contents and Format

IDEM/OWQ will submit samples to the Contractor in groups called Sample Sets or “Analysis Sets”. All IDEM/OWQ sample identification numbers, listed on single or sequential chain-of-custody forms, will be considered an Analysis Set or Sample Group.

Each Analysis Set or Sample Group must be invoiced separately, that is one invoice per Analysis Set, and must contain copies of the IDEM/OWQ Chain-of-Custody Form and Sample Analysis Request Form.

All analytical analyses, QA/QC sample analyses, Vendor sampling assistance, or any other charges associated with analysis of a Sample Group must be invoiced at the same time.

Partial invoices will not be processed until all Sample Group items and/services are invoiced, unless priorly approved by IDEM/OWQ.

Invoices must include a cover sheet with the IDEM/OWQ Purchase Order (P.O.) Number, the invoice date, date/time the Analysis Set was received, the IDEM/OWQ Analysis Set number, and the total charges for the invoice. On a separate sheet(s), the invoice must include an itemized listing of charges with subtotals and totals.

Itemized analytical charges must be grouped by IDEM/OWQ sample number and then by Task. If only a subset of a Task was performed, the itemization must break out the discrete charges and provide a subtotal for the Task: e.g. in the case of metals or inorganics. All direct charges associated with a sample must be itemized together and have a sample subtotal. Only itemize the direct charges: e.g., if a sample price includes a prep procedure in the bid price, DO NOT break out the prep charge and the sample charge.

Other Contractor services and analytical services performed on a Sample Group (or Analysis Set), such as Contractor assisted sampling, can be listed separately. This will be dependent upon type and structure of service performed. Each itemized sample analytical charge must be clearly identified by the IDEM/OWQ sample number, date received, and the cost.

Each itemized QA/QC charge must be clearly identified by the IDEM/OWQ, Analysis or Sample Set Number, Vendor ID number, QA/QC sample description, date of sample, date of analysis, and the cost.

Other services must be clearly identified by the IDEM/OWQ sample number(s) (where applicable), date of service, description of service, and cost of service.

2. Payment Reduction

a. Reporting

Failure to meet the requirements of Attachment H5 – Reporting, will result in forfeiture of ten (10%) percent of the total invoice, for the sample set being reported.

b. Analytical & QA/QC Errors

(1) Out-of-Control Procedures

Good judgment is keeping in consistence with the quality control necessary to justify a single sample result. For example, this is reflected in the retroactive application of method independent QA/QC criteria by IDEM/OWQ. There is no excuse for failure to monitor and to address analytical control conditions by a Contractor.

IDEM/OWQ will be the sole judge of Analytical Control. Contractors found to not be employing and meeting the specifications outlined in the respective method, Attachment H3 – Quality Assurance/Quality Control Criteria, Table 1, or employing good judgment, will be notified of the specific conditions and given the opportunity to correct any deficiencies. Failure to correct the specified deficiencies may result in the partial or full suspension of the contract.

IDEM/OWQ will not pay for samples analyzed in an out-of-control condition. Out-of-control conditions and remedies are described in the applicable method, Attachment H3 – Quality Assurance/Quality Control Criteria, and Attachment H5- Reporting. Vendors must meet the remedy conditions and reanalyze out-of-control samples, as specified in each method and in Attachments H3 and H5 (Quality Assurance/Quality Control Criteria and Reporting). The remedy conditions must be documented and supplied in the Narrative portion of an analytical report.

A Narrative must be included in accordance with Attachment H5 – Reporting Analytical & Quality Assurance. Failure to provide a Narrative (as specified) will result in a forfeiture of five (5%) percent of total invoice, for the sample set being reported, per week or portion of a week the Narrative is not reported.

(2) Resampling

Resampling for samples lost by the vendor or through consumption in initial analyses will be the decision of IDEM/OWQ and will not incur any charges to the Vendor.

(3) Method Modifications

IDEM will not pay for analyses that are not analyzed according to the specifications listed in the method, Attachment H3 – Quality Assurance/Quality, Table 1, or modified without prior IDEM/OWQ approval.

E. Payment

IDEM/OWQ must be given a minimum of thirty days (30) from the date of invoice of the accepted analytical report by the IDEM/OWQ responsible contact, to approve payment for Contractor services. If there are no deficiencies in a report or electronically transmitted data, the date of acceptance will be the date of receipt in accordance with Attachment H5 – Reporting.

No payment for services will be authorized unless all deficiencies have been corrected.

RFP-11-##

Technical Specifications D1

RFP-25-81029

Technical Specifications H1