829470waterFred.pdf

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Environmental Laboratory Testing, Reporting and Compliance Support
Solicitation number
26-908
Issued by
Frederick County, Forestville CDP, Maryland

About this file

This Invitation for Bid (IFB) #26-908 is issued by Frederick County, Maryland's Office of Procurement & Contracting for Environmental Laboratory Testing, Reporting and Compliance Support services for the Division of Water and Sewer Utilities (DWSU). The County seeks a qualified contractor to provide PFAS (perfluoroalkyl and polyfluoroalkyl substances) laboratory analysis, quality assurance/quality control (QA/QC), and reporting for drinking water samples using EPA Method 537.1 and non-potable matrices including wastewater, biosolids, and other environmental samples using EPA Method 1633A, all in compliance with federal and Maryland regulatory requirements. The estimated annual quantities include 26 drinking water samples, 8 wastewater samples (influent/effluent), 12 biosolids samples, 9 watery sludge samples, 24 sustainability fees, 24 courier fees, 60 waste management fees, and 16 sample composting fees. The pre-bid conference is scheduled for July 1, 2026 at 10:00 am via Microsoft Teams; written questions are due by July 15, 2026 at 4:00 pm; and bids are due electronically through the OpenGov Procurement Portal by August 4, 2026 at 2:00 pm. The contract period shall commence on or about September 1, 2026 for one year, with a renewal option for four additional one-year increments exercisable at the County's sole discretion.

Pricing shall be firm for the first year from the effective contract date, with subsequent price adjustments allowable upon request and limited to the lesser of the Consumer Price Index (CPI-U for Washington-Arlington-Alexandria) or a maximum five percent increase. The County intends to make one or more awards to the lowest responsive and responsible contractor(s), with no guarantee of equal work distribution if multiple awards are made. No bid deposit, performance bond, or payment bond is required. Payment terms are Net 30 upon receipt of proper invoicing and County authorization. The contractor must demonstrate a minimum of two years of active engagement in PFAS laboratory analysis and must maintain Maryland state certification/NELAP accreditation for Method 537.1 for drinking water and EPA 1633A accreditation across targeted matrices for non-potable samples. Insurance requirements include Commercial General Liability ($1,000,000 per occurrence; $2,000,000 aggregate), Auto Liability ($1,000,000 combined single limit), Professional Liability/Errors & Omissions ($1,000,000 per occurrence; $2,000,000 aggregate), Workers' Compensation meeting Maryland statutory requirements, and Employers Liability ($1,000,000 per accident/employee). The contract includes no grant funding and is contingent upon appropriated funds availability. Contractors must be registered with the State of Maryland, maintain good standing, and not be debarred or suspended from federal transactions per SAM.gov.

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For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/frederickcountymd

FREDERICK COUNTY, MARYLAND

OFFICE OF

PROCUREMENT & CONTRACTING

Winchester Hall, Second Floor 12 East Church Street

Frederick, Maryland 21701

INVITATION FOR BID (IFB) #26-908 IFB

Environmental Laboratory Testing, Reporting and Compliance Support

Bid Due Date:

Tuesday, August 4, 2026, 2:00 pm

Buyer: Laura Schug Phone: (301) 471-5057

Email: lschug@frederickcountymd.gov

Invitation For Bid #26-908 IFB Title: Environmental Laboratory Testing, Reporting and Compliance Support

Table Of Contents

1. EVENT SUMMARY

2. DEFINITIONS

3. PRE-BID CONFERENCE

4. SITE VISIT

5. INQUIRIES AND ADDENDA

6. GENERAL CONDITIONS

7. SPECIAL CONDITIONS

8. SPECIFICATIONS

9. SUBMISSION REQUIREMENTS

10. INSURANCE REQUIREMENTS

11. BID PROPOSAL

12. VENDOR QUESTIONNAIRE

Attachments:

A - SAMPLE_-_Agreement

B - MDE - PFAS - Monitoring Requirements

IMPORTANT: ADVISE THE PROCUREMENT AND CONTRACTING OFFICE IMMEDIATELY IF ANY OF THE ABOVE

DOCUMENTS ARE NOT ENCLOSED

1. EVENT SUMMARY

IFB Number: 26-908 IFB

IFB Name: Environmental Laboratory Testing, Reporting and Compliance Support

Buyer: Laura Schug, Procurement Analyst III lschug@frederickcountymd.gov

(301) 471-5057

Bid Submission:

https://procurement.opengov.com/portal/frederickcountymd/projects/265604 Note: Only electronic submissions will be accepted. PLEASE NOTE THAT

REGISTRATION WILL TAKE TWO (2) BUSINESS DAYS.

Agreement Term:

Payment Terms:

Net 30

Grant Funding:

No

Bid Deposit: No, Bid Deposit Amount is not applicable

Performance Bond:

No, Performance Bond Amount is not applicable

Payment Bond:

No, Payment Bond Amount is not applicable

Issue Date: June 15, 2026

Pre-Bid Conference (Non-Mandatory): July 1, 2026, 10:00am

Microsoft Teams Meeting

Questions Due: July 15, 2026, 4:00pm

IFB Due: August 4, 2026, 2:00pm

* Be advised: If County administrative offices have been officially closed for any reason, the Pre- Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

https://procurement.opengov.com/portal/frederickcountymd/projects/265604

** Be advised: In the event that County administrative offices are closed or delayed on the date that submissions are due, the solicitation will be opened the next business day at the same time indicated in the Event Summary section at the front of this document.

2. DEFINITIONS

A. Addenda – Formal alteration of a solicitation or Agreement in writing (When applicable, Addenda are available on the Office of Procurement & Contracting website.)

B. Agreement – The Invitation for Bid Documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders

C. Alternate Bids – A second bid for a single item that intentionally offers a substitute product or service that varies from the stated specifications

D. Bid – All information submitted by the Contractor in response to this solicitation

E. Bidder – Any entity that submits a response to this solicitation

F. Buyer – The County’s Office of Procurement & Contracting Representative for the solicitation and/or the resulting Agreement

G. CCC - Continuing Calibration Check

H. CCR - Consumer Confidence Reports

I. CoC - chain of custody

J. COMAR - Code of Maryland Regulations

K. Contractor – Any bidder; most often the successful bidder

L. County – Frederick County, Maryland

M. Designee – Specifically appointed alternate signatory or decision maker

N. DWSU - Frederick County Division of Water and Sewer Utilities

O. EDD - Electronic Data Deliverable

P. EPA - Environmental Protection Agency

Q. FRB - Field Reagent Blank

R. GWUDI - Ground Water Under the Direct Influence of Surface Water

S. Interested Party – An actual or prospective bidder or Contractor that may be interested in the award of a contract

T. Invitation For Bid (IFB) – All documents identified in the Table of Contents, including any addenda

U. LC-MS/MS - Liquid Chromatography - Mass Spec / Mass Spec

V. LRB - Laboratory Reagent Blank

W. LFB - Laboratory Fortified Blank

X. LFSM - Laboratory Fortified Sample Matrix / Laboratory Fortified Sample Matrix Duplicate

Y. MDE - Maryland Department of the Environment

Z. MCL/MPL - Maximum Contaminant Level / Maximum Permissible Level

AA. MDL/LOQ - Method Detection Limit / Limit of Quantitation

BB. MRLs - Minimum Reporting Levels

CC. NPDWR - National Primary Drinking Water Regulations

DD. NELAP - National Environmental Laboratory Accreditation Program

EE. P&C – The Office of Procurement & Contracting

FF. PT - Performance Testing

GG. PFAS - perfluoroalkyl and polyfluoroalkyl substances

HH.Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods

II. PTFE - polytetrafluoroethylene

JJ. PWS - Public Water System

KK. QA/QC- Quality Assurance/Quality Control

LL. QAPP - Quality Assurance Project Plan

MM. SDWA/CWA - Safe Drinking Water Act / Clean Water Act

NN. Solicitation – The Invitation for Bid

OO. SPE - Solid Phase Extraction

PP. TAT - Turn Around Time

QQ. TNI - The NELAP Institute

RR. User Agency – County division, department, or office for which goods and/or services are being purchased

SS. WO - Work Order

3. PRE-BID CONFERENCE

A. A Pre-Bid Conference will be held to discuss objectives and answer questions relating to this solicitation. Contractor’s attendance is not required but is strongly encouraged. Additionally, attendance may facilitate the Contractor’s understanding of the requirements.

B. It is recommended that Contractors read the solicitation prior to attending the conference and bring a copy to the conference.

C. In order to assure adequate seating at the pre-bid conference, please confirm attendance by emailing the Buyer and referencing this solicitation and number.

D. If there is a need for language interpretation and/or other special accommodations, please advise the Buyer via email so that reasonable efforts may be made to provide special accommodations.

E. If County administrative offices have been officially closed or delayed for any reason, the

Pre-Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

F. Microsoft Teams Meeting Information:Microsoft Teams meetingJoin:

https://teams.microsoft.com/meet/274308575232298?p=XJ651J8u7JuEWjua71Meeting

ID: 274 308 575 232 298Passcode: iv7qv7nTNeed help? | System referenceDial in by phone+1 667-217-6643,,588205430# United States, BaltimoreFind a local numberPhone conference ID: 588 205 430#

4. SITE VISIT

Each Contractor must completely satisfy themselves as to the exact nature and existing conditions of the site location and requirements of the specifications for extent and quality of the work to be performed. Failure to do so does not relieve the Contractor of its obligation to carry out the provisions of the contract.

5. INQUIRIES AND ADDENDA

A. The Buyer in P&C is the sole point of contact for this solicitation. Questions concerning this solicitation must be addressed in writing and submitted to the OpenGov Procurement

Portal by Wednesday, July 15, 2026 at 4:00 pm.

https://teams.microsoft.com/meet/274308575232298?p=XJ651J8u7JuEWjua71 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjBmYTk5ZDAtOGM1Mi00NWE4LWE2ODMtODk3YmQ3NTE0MDdl%40thread.v2/0?context=%7b%22Tid%22%3a%2248c6342d-3806-4843-9dec-6a40b1bb8737%22%2c%22Oid%22%3a%227a669d75-2d99-46ef-87f3-c92fd84e4d9e%22%7d tel:+16672176643,,588205430 https://dialin.teams.microsoft.com/940cb76d-a7ff-4e93-8818-992662da6fdb?id=588205430

B. Addenda to solicitations often occur prior to the bid opening, sometimes within a few hours of the opening. It is the potential Contractor’s responsibility to visit the P&C

OpenGov Procurement Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/265604 to obtain Addenda.

6. GENERAL CONDITIONS

6.1. RESERVATIONS

A. The Director of P&C reserves the right to reject any or all proposals or parts of proposals when, in P&C's reasoned judgment, the public interest will be served thereby.

B. The Director of P&C may waive formalities or technicalities in proposals as the interest of the County may require.

C. The Director of P&C reserves the right to increase or decrease the quantities to be purchased at the prices offered. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

D. The Director of P&C reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in P&C's judgment, be in the best interest of the County.

E. The Director of P&C may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase the estimated cost of maintenance and repair to the County.

F. The Director of P&C may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

G. Responsibility and responsiveness of any Contractor’s proposal will be determined at the sole discretion of the Director of P&C.

6.2. COMPETITION

A. A Contractor may offer only one price on each item though it may have two or more types that meet specifications. Contractors must determine for themselves which to offer. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor.

B. All proposals must be accompanied by descriptive literature as may be called for by the specifications or proposal. Specifications provided are based on County needs and uses, estimated costs of operation and maintenance, and other significant and/or limiting factors to meet County requirements and shall be consistent with County policies. Minimum specifications, and maximum specifications, where included, are not established arbitrarily to limit competition or to exclude otherwise competitive

Contractors.

6.3. PERIOD OF VALIDITY

Unless otherwise specified, all formal proposals submitted shall be irrevocable for 120 days following the proposal opening date, unless the Contractor agrees to an extension. Proposals may not be withdrawn during this period. The County may request an extension of the Period of Validity via email to the Contractor’s representative.

6.4. GOVERNING LAW

A. This contract shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of

Maryland.

B. The laws of the State of Maryland and Frederick County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

6.5. DISPUTE PROCEDURES

A. Upon notification of award, non-awarded Contractors may protest the process or award by utilizing the protest procedures available on the P&C website: www.frederickcountymd.gov/procurement

B. After award and during contract performance, the awarded Contractor may dispute proceedings or performance by:

1. Notifying Using Agency in writing on Contractor letterhead of the disputed issues and requesting a meeting to discuss and come to resolution with the Using Agency

Division Director.

http://www.frederickcountymd.gov/procurement

2. If no resolution is reached, the awarded Contractor may notify P&C in writing on

Contractor letterhead of the failure to reach resolution with the Using Agency and request to meet with the Director of P&C to discuss and come to resolution.

3. If no resolution is reached, the Director of P&C may refer the matter(s) to the

Contractor’s Responsibility Board (CRB) for a hearing to reach resolution in accordance with the CRB policy on the P&C website: www.frederickcountymd.gov/procurement. The CRB’s written decision is the final resolution.

C. At any time during the performance of the contract, the awarded Contractor may contact the Director of P&C to request to be heard by the CRB to present information, lodge a complaint, etc.

6.6. NON-WAIVER

Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

6.7. COMPLIANCE WITH LAWS

A. If awarded a contract, the Contractor hereby represents and warrants that it:

1. Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2. Is not in arrears with respect to the payment of any monies due and owing the

County, or any department or agency thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;

3. Shall comply with all federal, state, and local laws, ordinances, and legally enforceable rules and regulations applicable to its activities and obligations under the contract;

4. Shall eschew any and all forms of employment discrimination and promote equal opportunity in hiring practices as well as the selection of subcontractors for use in any of its projects;

5. Shall procure, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under the contract;

and http://www.frederickcountymd.gov/procurement

6. Agrees that the facts and matters set forth hereafter in the contract and made a part hereof are true and correct.

7. Meets the qualifications required and years of experience stated.

B. In addition to any other remedy available to the County, breach of any of the paragraphs of this clause shall, at the election of the County, be grounds for termination. Failure of the County to terminate the contract shall not be considered or construed as a waiver of such breach nor as a waiver of any rights or remedies granted or available to the County.

6.8. HOLD HARMLESS/INDEMNIFICATION

A. The Contractor shall indemnify and hold the County harmless from and against all liability and expenses, including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the Contractor's performance of the contract awarded, provided that the

Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials.

B. Any property or work to be provided by the Contractor under this contract will remain at the Contractor's risk until written acceptance by the County; and the Contractor will replace, at Contractor's expense, all property or work damaged or destroyed by any cause whatsoever.

6.9. TERMINATION

A. Termination Prior to Expiration of Term: The County reserves the right to terminate the resulting Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract

Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract

Officer. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the

Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this provision, the County need not provide the Contractor with the opportunity to cure.

B. Termination for Default: If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, County may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the County shall use reasonable efforts to mitigate such damages), and County may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the County as previously stated.

C. Termination for Non-appropriation: If the County or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period or part thereof of the resulting Agreement, the

Agreement shall be cancelled automatically as of the beginning of the fiscal year or part thereof for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County's rights or the Contractor's rights under any termination clause in this Agreement. The effect of termination of the

Agreement hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Agreement. The

County shall make a good faith effort to notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period or part thereof beyond the first fiscal year.

6.10. MARYLAND REGISTRATION

Contractors must be registered to do business in, and must be in good standing with, the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: http://dat.maryland.gov or by calling 410-767-1184 or Toll Free 888-246-5941.

6.11. AVAILABILITY OF FUNDS

The contractual obligation of the County under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.

6.12. INTEGRATION AND MODIFICATION

These proposal documents, Contractor's response to this solicitation, and subsequent purchase order(s) to the successful Contractor contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.

6.13. NON-ASSIGNMENT OF CONTRACT

http://dat.maryland.gov/

Neither the County nor the Contractor shall assign, sublet, or transfer its interest or obligations under the resulting contract to any third party, without the written consent of the other. Nothing here shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the County, nor shall the resulting contract be construed to create any rights hereunder in any person or entity other than the parties to this contract.

6.14. RESPONSIBILITY

The Contractor has the burden of demonstrating affirmatively its responsibility in connection with this solicitation, in background, history of projects, years of experience as a contracting firm, project team(s), ability, etc. A Contractor under debarment, or with documented poor performance, or with questionable reputation, or without the required years of operation, or lacking integrity or key personnel, as solely determined by the Director of P&C, may automatically be considered non-responsible in connection with this solicitation. At the sole discretion of the County, a Contractor that has previously failed to perform properly, has failed to timely complete contracts of a similar nature, has failed to complete contracts of a similar nature within budget or with an unreasonable quantity of change orders, or one that investigation reveals is unable to perform the requirements of the contract may be excluded from consideration for award. P&C may request that a Contractor provide documentation necessary for the determination of responsibility. Failure of a Contractor to provide the required documentation may exclude it from further consideration. Final determination of responsibility is determined at the sole discretion of the Director of P&C.

6.15. AFFIDAVIT

The attached affidavit is provided to facilitate compliance with the applicable law and is to be completed and returned with response.

6.16. PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION

A. The County operates under the public information law, which permits access to most records and documents under the Maryland Public Information Act (MPIA).

B. Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the MPIA, General Provisions Article, Sections 4-101 through 4-601 of the Annotated Code of Maryland.

6.17. COOPERATIVE PURCHASE

A. The Contractor may extend all of the terms, conditions, specifications, and unit or other prices of any award resulting from this proposal to any and all other public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools at its own discretion.

B. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal.

6.18. EXCEPTIONS

If the Contractor cannot/ will not meet the terms, conditions, and/or specifications of the solicitation, the Contractor shall furnish a statement on company letterhead providing a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish exceptions on company letterhead shall be interpreted to mean the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions, and/or specifications. Exceptions to the terms and/or conditions and/or to the County’s standard Agreement may be sufficient cause for rejection of the proposal. Descriptive literature may be used to clarify or be a reference to an exception; however, exceptions shall not be considered by enclosing descriptive literature in itself. The decision of the Director of P&C in accepting or rejecting an exception shall be final. If it is determined that an exception is not acceptable, the proposal may be considered non-responsive at the sole discretion of the Director of P&C.

6.19. SITE CONDITIONS

The submission of a proposal shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.

6.20. FAIR LABOR STANDARDS ACT

All goods shipped against this order must be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended including Section 6, 7, and 12, and regulations and orders issued under Section 14 thereof.

6.21. UNIT PRICES

Unless clearly shown on the proposal that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the proposal will be refigured accordingly.

6.22. DELIVERY

A. Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.

B. All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the proposal unless otherwise stated in the solicitation.

C. The P&C reserves the right to charge the Contractor or vendor for each day the supplies are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the P&C and said sum is to be taken as liquidated damages and deducted from the final payment, or charged back to the Contractor or vendor.

D. The P&C reserves the right to procure the supplies elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies may be charged against the Contractor and deducted from any monies due or which may become due him.

6.23. PATENTS

If applicable, the Contractor shall defend any suit or proceeding against the County so far as based on a claim on any equipment, or on any part thereof, furnished under this contract which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Contractor’s expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit, is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.

6.24. CONTRACT SERVICES AGREEMENT

A. The County and Contractor may execute a Contract Services Agreement, which is attached for review, resulting from the award of this solicitation. Exceptions, if any, to the County’s standard Agreement must be noted in the proposal to be considered during consideration of award. Exceptions to the County’s standard Agreement may result in rejection of the proposal.

B. Do not fill in or sign the sample Agreement attached. The County will prepare an

Agreement specific to this solicitation for execution by the successful Contractor.

6.25. REDACTED VERSION

Contractors are encouraged to submit a redacted version of their bid submittal, redacted in accordance with Public Information/Proprietary/Confidential Information. The redacted version shall be kept in County records and utilized for future reference only if requested via the MPIA. In the event no redacted version is submitted with the Contractor’s submitted proposal, the original submitted proposal will be released in response to any MPIA. The redacted version will not be utilized in the process of award. REDACTED

VERSION WILL BE FILED AND ONLY RELEASED IN THE EVENT PROPOSER’S RESPONSES ARE

REQUESTED THROUGH MARYLAND PUBLIC INFORMATION ACT REQUEST.

6.26. AWARD NOTIFICATION

A. Award notification will be by U.S. Mail, email, phone or any combination thereof. All

Contractors that have submitted a proposal will be notified of which Contractor(s) will be awarded prior to final award.

B. The awarded Contractor(s) will be required to return an Insurance Certificate naming

Frederick County as an additional insured, the executed Agreement*, and the Maryland

Registration Certificate of Good Standing.

C. Individuals wishing to contest results of a solicitation may view procedures on the P&C website at www.FrederickCountyMD.gov/procurement.

*As Contractors have had an opportunity to note Exceptions to the Agreement with its proposal submission, execution of the Agreement will require minimal time. PLEASE BE SURE TO READ THE SAMPLE AGREEMENT (within Section Vendor Questionnaire) PRIOR

TO SUBMISSION OF THE PROPOSAL.

6.27. SYSTEM FOR AWARD MANAGEMENT (SAM)

Contractors must not be presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions with the Federal Government according to the information contained on the website SAM.gov

7. SPECIAL CONDITIONS

7.1. CONTRACTOR'S QUALIFICATIONS

A. Contractors must be engaged in The County is looking for a qualified Contractor to provide

PFAS laboratory analysis, QA/QC, and reporting for DWSU’s drinking water (Method

537.1) and non-potable matrices (Method 1633A), including wastewater and biosolids, per federal and Maryland requirements. and shall have been actively engaged in this field for a minimum of Two (2) years. The proposing firm must meet these years of experience, at a minimum, in order to be considered for award.

https://www.frederickcountymd.gov/procurement

B. Drinking water: Laboratory must be MD state-certified/NELAP for 537.1 for PFAS, as required under NPDWR implementation.

C. Non-potable: Laboratory must be accredited/recognized for EPA 1633A across targeted matrices (aqueous/solids) and operate under a documented QA program.

D. Contractor must comply with:

o SDWA—40 CFR Part 141 monitoring/analytical requirements o CWA—40 CFR Part 136 methods and sensitivity requirements for NPDES.

o Maryland COMAR & MDE Certification for water quality and drinking-water labs.

o EPA Quality Directives/QAPP Guidance for QA program implementation.

o MDL Rev. 2 implementation for detection limits and ongoing blank evaluation

E . Contractor shall provide copies of MDE DW Lab Certification, any NELAP/TNI accreditations, and scope of accreditation.

F. The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.

7.2. AWARD

The County intends to make one or more awards; effectively to the lowest bidding responsive and responsible Contractor(s).

The estimated annual quantities on the Price Page represent the total volume of work for all Contractors combined. Distribution of work is at the sole discretion of the County and equal distribution is not guaranteed.

The Contractor(s) must waive any claim against the County for extra compensation or damages arising out of assignment of work by the County

7.3. AGREEMENT PERIOD

The contract period shall be for 1 year(s) commencing on or about September 1, 2026 after approval and proper execution of the contract documents, with a renewal option for Four additional year(s) in one-year increments, exercisable at the sole discretion of the County.

7.4. PRICE ADJUSTMENT

A. Prices offered shall be firm against any increase for One year(s) from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the

Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.

B. Requests for price adjustments shall be submitted to P&C, not the user agency.

C. The County will entertain requests for escalation in accordance with the current

Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price

Index” shall be the Consumer Price Index-All Urban Consumers (CPI-U), Washington-

Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

D. If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

7.5. EXCLUSIVITY

A. The County is obligated during the period stipulated to purchase all of its normal requirements from the Contractor and the Contractor shall be obligated to furnish the goods and/or services as stated.

B. Should the Contractor be unable to fulfill the needs of the County, the County reserves the right to secure services from other sources to meet its immediate needs without prejudice of the Agreement.

7.6. ESTIMATED QUANTITIES

The estimated annual quantities stated are provided as a general guide for proposing and are not guaranteed. Actual quantities may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.7. ESTIMATED USAGE

The estimated annual usage stated are provided as a general guide for proposing and are not guaranteed. Actual usage may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.8. INSURANCE REQUIREMENTS

The Contractor shall be required to provide the insurance as outlined in Section Insurance Requirements. All documentation of insurance shall be submitted prior to contract start date. In the event that the necessary insurance cannot be obtained, the County reserves the right to revoke the contract award and award to another firm.

7.9. METHOD OF ORDERING

A. Purchase Orders will be issued from time to time for such quantities as may be required by the County. Purchase Orders issued against the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions until completion.

B. Purchases may also be made with the County’s procurement card (currently

MASTERCARD). The Contractor agrees to accept the card for such quantities as may be required by the County. Contractors are prohibited from charging additional fees over and above its proposal prices to process payments on procurement cards.

7.10. BILLING AND PAYMENT

A. Invoices shall be submitted as required in duplicate for all services performed to 4520

Metropolitan Court, Frederick, Maryland 21704.

B. Each invoice shall include the following information:

1. Federal Employer Identification Number (FEIN);

2. Contractor’s name and address;

3. Name of User Agency;

4. Frederick County Contract Number, if applicable;

5. Purchase Order Number;

6. Description of goods provided and/or services performed;

7. Date and length of time of each service performed, if applicable; and

8. Name of individual(s) performing the required services, if applicable.

C. Delivery tickets signed by authorized County personnel shall accompany invoice.

D. Payment shall be made upon receipt of proper invoice from the Contractor and authorized by the County.

E. The County shall not be subject to late fees, fees for use of credit card payment, or additional fees of any kind at any time during the Agreement period.

F. All amounts, costs, or prices referred to herein pursuant to this contract shall be United

States of America currency.

G. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid Net30.

7.11. WARRANTY

The Contractor warrants that provided herein to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the Contractor at no cost and to the satisfaction of the County.

7.12. DEFAULT

Upon non-performance or violation of the contract terms, the Contractor will be given one chance, via written communication, to correct deficiencies. Failure to correct the deficiencies stated in the written communication will be cause for the contract to be cancelled or annulled by Frederick County, Maryland in whole by written notice of default to the Contractor. An award may then be made to the next low Contractor. In either event, the defaulting Contractor (or its surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices. Failure of the Contractor to deliver services within the time stipulated on its proposal, unless extended in writing by the Director of P&C shall constitute contract default. In the event that a Contractor exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to it, it shall forfeit the right to respond on any future County contract for a period of time determined by the Director of P&C and it shall be liable for any costs incurred by the County as a result of its default.

7.13. REFERENCES

References will be verified by the Buyer and the results utilized as part of the determination of a Contractor’s responsibility. Any negativity or uncertainty expressed by references may be used to exclude the Contractor from further consideration for award at the sole discretion of the County. It is in the best interest of the Contractor to CONTACT THE REFERENCES IN ADVANCE to ensure that they are aware that they are being utilized as a reference for this solicitation. Contactors may not use the County as a reference. Any work history the Contractor has with the County will automatically be utilized as part of the evaluation process.

7.14. ADDITIONS/DELETIONS

The County, at its option, may add or delete like or related goods and/or services as needed at the sole discretion of the Director of P&C. All specifications and requirements of this solicitation will apply to any additions made during the contract term. The Contractor receiving an award closest to the new site and will be among those requested to provide a quotation. Selection will be based on pricing, equipment and labor availability, performance and other factors as may be determined to be in the best interest of Frederick County.

7.15. CONTRACT

All questions must be directed to the Buyer for this solicitation. During the solicitation process which begins with the advertisement of the Invitation for Bid, and following the bid opening, Contractors are strongly cautioned not to contact elected officials or County employees regarding the award process. Contact with any entity other than P&C will be deemed as an attempt to influence the award process and will disqualify the Contractor from further consideration in the award process. Inappropriate efforts to lobby or influence individuals or Contractors involved in this bid award may result in dismissal from further consideration, at the County’s sole discretion.

8. SPECIFICATIONS

8.1. Scope of Services

Program Areas

Contractor shall provide services in the following areas:

• Drinking Water

• Provide PFAS laboratory analysis, QA/QC, and reporting for DWSU’s drinking water samples (Method 537.1) per federal and Maryland requirements.

• Wastewater, Biosolids & Other Environmental Matrices

• Provide PFAS Laboratory analysis, QA/QC, and reporting for EPA Method 1633A (Dec

2024), covering 40 PFAS in aqueous matrices (wastewater influent/effluent, surface water, groundwater, leachate), solids (biosolids, soil, sediment), and tissue, validated via

LC-MS/MS.

• The contractor shall perform the analysis following current EPA updates.

Sampling Support

Frederick County DWSU typically provides for their own sample collection but requests courier service to the laboratory if we are in the laboratory’s courier service zone

Drinking Water (Method 537.1)

• Analyte coverage: Combined list of PFAS targeted under 537.1 to meet NPDWR method-specific isotope dilution/internal standard quantitation; MRM LC-MS/MS.

• Method detection/reporting: Meet or exceed EPA Minimum Reporting Levels (MRLs) and method performance criteria; calibration ≥5 levels with lowest standard ≤MRL, per method.

• QA/QC (min.): CCCs, LRBs/LFBs, LFSM/LFSMD, FRBs, surrogates/isotope performance standards; no PTFE labware; instrument delay column recommended when applicable

Non-Potable (Method 1633A)

• Analyte list: 40 target PFAS per 1633A with isotope-dilution; labs may add PFAS as standards become available (per 1633A).

• Sample prep & cleanup: Aqueous WAX SPE + carbon cleanup; solids/tissues basic methanol extraction + carbon cleanup + SPE; report solids on dry weight.

• QA/QC: Full 1633A QC suite (method blanks, LRB/LFB, spikes, ongoing calibration, isotopically labeled standards to all samples); blank subtraction not allowed.

Sample Management, Chain of Custody, and Preservation

• Supply chain-of-custody (CoC) forms, labels, bottle kits, preservatives, and coolers;

uphold sample acceptance/rejection criteria and document rejection procedures.

• Follow EPA preservation/holding times for all analytes.

• Provide scheduled courier pickup if within laboratory’s courier service region

Reporting

• Turnaround Times (TAT):

Standard: [e.g., 7–10 business days] where methodologically feasible.

• Reporting Formats:

Provide PDF reports, including analyte codes, method identifiers, MDL/LOQ, units (ng/L or µg/kg), qualifiers, and QC summaries. Include chain-of-custody and cooler receipt forms

• QA Review Package:

• Method QC results (calibration, blanks, spikes, surrogates), non-conformance log, data validation checklist; holding time/temperature verification (data and photos of cooler temps on receipt).

Performance Standards & Key Metrics

• Data Quality: Meet method-specific precision/accuracy criteria; demonstrate MDL/LOQ suitability for permit limits and MCL/MPL thresholds.

• On-Time Delivery: ≥[e.g., 95%] reports delivered by agreed TAT.

• Nonconformance Management: Document root cause, corrective action, and preventive measures with timelines per QAPP.

• Accreditation Currency: Maintain required certifications/accreditations throughout the contract; notify County of any status changes per accreditation body requirements.

Deliverables

• Kickoff Package: Method Catalog (methods, versions, MDLs/LOQs, reporting limits), QAPP/QC plan, EDD specification.

• Routine Results Packages: Sample receipt logs, CoC copies, analytical results, QC summaries, exception reports.

• Regulatory Updates Notices: Method/regulatory changes (e.g., expedited method approvals) impacting County monitoring.

Security, Confidentiality, and Data Retention

Contractor shall protect confidential operational information and retain analytical records consistent with EPA/State requirements and County policies; provide audit support upon request.

9. SUBMISSION REQUIREMENTS

9.1. SUBMISSION OF RESPONSE

A. Please be advised that hand-delivered solicitation responses will not be accepted as P&C has moved to online bid submission via OpenGov Procurement. Registration information is available at https://procurement.opengov.com/signup . PLEASE NOTE REGISTRATION

TAKES A MINIMUM OF TWO BUSINESS DAYS. Frederick County, Maryland is not responsible for inability to submit a response.

B. Bids are submitted electronically through the OpenGov website only.

C. NO LATE RESPONSE WILL BE ACCEPTED OR CONSIDERED.

9.2. BID OPENING

https://procurement.opengov.com/signup

A. Bid submissions are due on or before the due date and time indicated in the Pertinent

Information section at the front of this document. Late bids will not be accepted, opened, considered or awarded. In the event that County administrative offices are closed or delayed the date that bid submissions are due, the bid will be opened online the next business day at the same time indicated in the Pertinent Information section at the front of the document.

B. All bids submitted will be opened publicly. Prices will be read aloud. Indications of “low bidder” do not necessarily reflect the responsiveness or responsibility of the bidder and may not accurately reflect which Contractor may ultimately be awarded.

C. Bids will be opened via Conference Call: Dial: 866-818-0460 Participant Login: 7070570#

9.3. INSTRUCTIONS

A. Bid responses must be submitted electronically through the OpenGov Procurement Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/265604.

B. All submissions must be signed by an authorized officer or agent of the Contractor submitting the response must be entered into OpenGov no later than the time and date indicated. Responses received after the time and date indicated will not be accepted or considered.

C. The submission of a bid is an agreement to all the terms, conditions, and specifications provided herein and in the various documents, unless specifically noted otherwise in the bid.

D. Each bid will be accompanied by the Affidavit regarding price fixing, gratuities, bribery, and discriminatory employment practices. When the Contractor is a corporation, a duly authorized representative of said corporation must execute the Affidavit. The Affidavit is provided in the solicitation package.

E. If a discrepancy in or omission from the specifications is found, or if a Contractor is in doubt as to their meaning, or feels that the specifications are discriminatory, the

Contractor must notify P&C in writing not later than five days prior to the scheduled bid opening. Exceptions taken do not obligate the County to change the specifications. P&C will notify all Contractors of any changes, additions, or deletions to the specifications by

Addenda posted on the P&C website (http://frederickcountymd.gov/procurement).

F. The County will assume no responsibility for oral instructions or suggestions. All official correspondence in regard to the specifications will be issued by P&C.

9.4. SUBMISSION OF BID DOCUMENTS

http://frederickcountymd.gov/procurement

A. Contractors are required to include the following documents with their bids:

1. Price Page No. 1

2. Price Page No. 2

3. Acknowledgement of Addenda

4. Contractor’s Reference Information

5. Affidavit

6. Certifications of Compliance

7. Insurance Requirements

8. Redacted Version (if none is supplied, the original will be produced in response to future MPIA)

9. Exceptions, if applicable

10. Additional Information (if applicable)

B. Failure to return required documents may be cause for rejection of bid.

10. INSURANCE REQUIREMENTS

10.1. Insurance Requirements

Work shall not commence for Frederick County, Maryland until evidence of all required coverage is approved by the Office of Risk Management.

COMMERCIAL GENERAL LIABILITY coverage with minimum limits of:

$1,000,000 per Occurrence; $2,000,000 General Aggregate

$2,000,000 Products/Completed Operations Aggregate

Frederick County, Maryland must be added as an Additional Insured.

AUTO LIABILITY coverage with minimum limits of:

$1,000,000 Com

Work shall not commence for Frederick County, Maryland until evidence of all required coverage is approved by the Office of Risk Management. bined Single Limit or

$1,000,000 each Person, $1,000,000 each Accident, $1,000,000 Property Damage

PROFESSIONAL LIABILITY/ERRORS & OMISSIONS coverage with minimum limits of:

$1,000,000 per Occurrence and $2,000,000 Aggregate

WORKERS’ COMPENSATION coverage meeting all statutory requirements of the State of MD

Employers Liability with minimum limits of:

$1,000,000 per Accident, $1,000,000 per Employee; and $1,000,000 per Policy

OR, if there are no employees, Workers’ Compensation Waivers must be completed.

PLEASE NOTE THE FOLLOWING:

1. A certificate of insurance showing these coverages must be provided to Frederick

County Risk Management. The Certificate Holder must be:

Frederick County, Maryland

Office of Risk Management

12 East Church Street

Frederick, Maryland 21701

A. If the County requires additional insured status, the blanket endorsement for such must be provided upon request.

3. If any primary policy’s limits fall short of the stated requirements, a certificate shall be provided for all any excess policies that supplement or extend these limits.

B. Required insurance is primary and non-contributory, which should be stated on the certificate of insurance.

C. Required insurance must be maintained for the duration of the contract or business relationship.

D. If applicable, the Contractor shall assure that all subcontractors and independent contractors performing services for the County carry identical insurance coverage as required of the contract, either individually or as an Additional Insured on the policies of the Contractor. Exceptions may be made only with the approval of the County.

E. Contractor shall indemnify Frederick County, Maryland for any uninsured losses relating to contractual services involving subcontractors, including workers' compensation claims and the cost of defense.

F. The Contractor shall not commence work for Frederick County, Maryland until evidence of all required coverage is approved by the Office of Risk Management.

G. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

H. The Contractor will not hold Frederick County, Maryland liable for any injuries to the employees, servants,…

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