DRAFT SOW 26 Jan 2026.pdf
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- Attached to
- Analytical Services
- Solicitation number
- BSA478026
- Issued by
-
Department of Energy Office of Science
About this file
This is a Statement of Work (SOW) prepared by Brookhaven National Laboratory's Environmental Protection Division for hazardous chemical and radiochemical analytical services, dated January 26, 2026, Revision 6.
The Contractor shall provide chemical, microbiological, and radiochemical analytical services to support activities at the BNL site, including environmental monitoring, environmental sampling, and waste characterization. Contracts will potentially be awarded in three separate areas: Limited Radiological Contract, Limited Non-Radiological Contract, and Full-Service Contract (covering all samples including waste). All Contractor personnel must be qualified professionals as defined by the NYS Department of Health ELAP. The Contractor must possess current NYSDOH ELAP certification for potable, non-potable, and solid/hazardous waste categories for chemical and/or radiological analysis, and national NELAP certification to perform analyses on waste samples. For radiological work, the Contractor must hold a valid NRC or Agreement State Byproduct or Radioactive Material License. The Contractor must participate in proficiency testing programs including Water Pollution (WP) and Water Supply (WS) studies, DOE Mixed Analyte Performance Evaluation Program (MAPEP), NYSDOH ELAP programs, DOE Environmental Measurements Laboratory Quality Assurance Programs, and Environmental Resource Associates programs. The Contractor must have a DOE Consolidated Audit Program-Accreditation Program (DOECAP-AP) assessment or equivalent audit demonstrating compliance to DOE quality assurance orders.
Analytical deliverables must include EPA Contract Laboratory Program style level 4 data packages in PDF format, electronic data deliverables (EDDs) in text file format suitable for uploading into BSA's Environmental Information Management System (EIMS), and NYSDEC EQuIS EDD Format files. Sample Delivery Groups (SDGs) shall be submitted within 30 calendar days of receipt for non-SPDES samples and by the 14th of the month following collection for SPDES samples. The Contractor shall provide all required sample containers, labels, chain-of-custody seals, preservatives, blanks, and coolers at least one week prior to scheduled sampling dates. The Contractor is responsible for sample transportation costs and disposal of samples after analysis, except for mixed and high-level waste which may be returned to BSA. Samples must be stored for six months prior to disposal to allow for reanalysis. Financial penalties apply for missed holding times, lost or destroyed samples, missed turnaround times, and nonconforming analyses, with specific deductions ranging from $200 to $2,500 depending on sample type. All records and documents must be preserved for a minimum of ten years after contract termination. The Contractor shall submit monthly estimates of anticipated accrued earned value by the 26th of each month.
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Other files
| File | Type | Posted |
|---|---|---|
| DRAFT Exhibit D.pdf | ||
| DRAFT Exhibit C and Qualifiers 2026.pdf | ||
| DRAFT Exhibit A 2026.pdf | ||
| DRAFT Exhibit E 2026.pdf | ||
| DRAFT Exhibit B 2026.pdf | ||
| DRAFT Exhibit F and Tech.pdf | ||
| DRAFT Exhibit H 2026.pdf | ||
| DRAFT Exhibit G 2026.pdf | ||
| DRAFT Fee Schedule.xlsx | XLSX spreadsheet |
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Text version
STATEMENT OF WORK
FOR
HAZARDOUS CHEMICAL
AND
RADIOCHEMICAL ANALYTICAL SERVICES
Prepared by:
Environmental Protection Division (EPD) Brookhaven National Laboratory
Upton, NY 11973-5000
Author: __________________________ Larry Singh Environmental Protection Division
Quality Representative: _________________________ Daniel S. Blaj Planning, Performance & Quality Management Office/EPD
Procurement: __________________________ Mark Brock, Procurement & Property Management Division
January 26, 2026 Revision 6
Mark Brock Digitally signed by Mark Brock Date: 2026.04.09 09:21:04 -04'00'
This document contains BNL procurement requirements and specifications for solicitation and technical evaluation. The information is high-level and does not include the detail necessary for “development” or “production” as defined under 15 CFR §772.1, 22 CFR §120.33, or 10 CFR Part 810; therefore, it does not constitute export-controlled technology or technical data.
DRAFT
TABLE OF CONTENTS
STATEMENT OF WORK SPECIFICATIONS
Page
1.0 Scope of Work and General Requirements
2.0 Capabilities/Qualifications to Perform the Statement of Work
3.0 Fee Schedule and Analysis Prices
4.0 Licenses and Certifications
5.0 Analytical Procedures and Protocol
6.0 Quality Assurance
7.0 Reporting Results and Electronic Data Management
8.0 Additional Conditions
Exhibit A. Format for Contractor Invoices
Exhibit B. BSA Chain of Custody Form
Exhibit C. BSA Data Qualifiers
Exhibit D. Format for Data Validation Package: Radiochemical Results
Exhibit E. Technical Specifications for Hazardous Chemical and Radiochemical Analytical Laboratory Services - Part I
Exhibit F. Technical Specifications for Hazardous Chemical and Radiochemical Analytical Laboratory Services - Part II Specifications for Environmental Information Management System (EIMS) Analytical Data Format
Exhibit G. Technical Specifications for Hazardous Chemical and Radiochemical Analytical Laboratory Services - Part III Data Package Deliverables
Exhibit H. Limited List of Causes Under Laboratory Control
Acronyms BSA Brookhaven Science Associates BNL Brookhaven National Laboratory (site) COC Chain of Custody DOE U.S. Department of Energy EDD Electronic Data Deliverable EIMS BSA Environmental Information Management System ELAP Environmental Laboratory Approval Program EPA Environmental Protection Agency ICPT Integrated Contractor Purchasing Team MAPEP Mixed Analyte Performance Evaluation Program NIST National Institute of Standards and Technology NPDES National Pollutant Discharge Elimination System NRC Nuclear Regulatory Commission NYSDEC New York State Department of Environmental Conservation NYSDOH New York State Department of Health QA Quality Assurance QC Quality Control SDGs Sample Delivery Groups SPEDES State Pollutant Discharge Elimination System WP Water Pollution WS Water Supply
1.0 SCOPE OF WORK AND GENERAL REQUIREMENTS
1.1 The Contractor shall provide chemical, microbiological and/or radiochemical analytical services to Brookhaven Science Associates (BSA). These specifications provide a general description of work requirements for analytical services in support of activities at the Brookhaven National Laboratory (BNL) site. A detailed list of analytes with required methods and a detailed specification for electronic data reporting are described in Exhibit E, Technical Specifications for Hazardous Chemical and Radiochemical Analytical Laboratory Services – Part 1.
1.2 BNL site projects may have different analytical objectives, such as environmental monitoring, environmental sampling, or waste characterization. As a result, analyses may have different data quality objectives and requirements regarding state certifications or quality assurance, as defined below in Sections 4, 5, and 6.
Therefore, contracts will potentially be awarded in three separate areas:
Limited Radiological Contract requiring New York State Department of
Health (NYSDOH) Environmental Laboratory Approval Program (ELAP) certification, Limited Non-Radiological Contract requiring NYSDOH ELAP certification, and
Full-Service Contract which will cover the analysis of all samples including waste samples and requires NYSDOH ELAP certifications.
The Contractor must have NYSDOH ELAP certification to be awarded a contract.
The Contractor must also hold National Environmental Laboratory Accreditation Program (NELAP) certification to perform analyses on waste samples.
1.3 The Contractor shall provide all required sample containers (new, precleaned) including, but not limited to, sample labels, chain-of-custody seals, preservatives, trip blanks, field blanks, and coolers at least one week prior to the scheduled sampling dates. Coolers shall be in good physical condition, without cracks, broken handles, etc. Also, the inside of the coolers must be clean and odor free.
1.4 All work performed for BSA shall comply with the terms of the Interagency
Agreement, Docket No. II-CERCLA-FFA-00201, as well as all applicable or relevant and appropriate requirements under Federal and New York, Utah, and Washington State laws.
1.5 General Documentation Requirements:
The deliverables include data, reported on paper copy (if requested). The paper copy deliverables (if requested) shall include a Full Environmental Protection Agency (EPA) Contract Laboratory Program style level 4 data package. The electronic deliverables (required) will include three formats.
A PDF file, suitable for electronic archiving. This file must be an exact duplicate of the paper data package, including the cover letter.
An electronic deliverable containing text files comprising the analytical data, suitable for uploading into the BSA Environmental Information Management System (EIMS).
A NYSDEC EQuIS™ EDD Format files for EPD
The specifications for the text files are in Exhibit F Part II of the Technical Specifications. Exact analytical deliverable requirements are contained in Exhibit G Part III of the Technical Specifications. The data shall be reported as Sample Delivery Groups (SDGs, see Section 7). For each sample in an SDG, all data reported on electronic/paper copy shall correspond exactly to the data reported electronically for that same sample.
1.6 The contractor shall be responsible for the cost for transport (for example FedEx, UPS, courier service) of the samples to the laboratory and disposal of samples after analysis is completed. The costs for this shall be included in the per analysis cost except for mixed and high-level waste. Mixed and high-level waste can be returned to BSA for disposal. The contractor must get permission for the shipment from the BSA Technical Representative prior to shipping the waste. It is the responsibility of the Contractor to safely dispose of the unused radioactive and chemical sample volumes (water/soil/miscellaneous), unless otherwise instructed by BSA. In addition, it is the responsibility of the Contractor to safely dispose of any waste that is generated during sample processing. Samples must be stored for 6 months prior to disposal to allow for reanalysis, if required. Prior to disposal, the Contractor must send BSA a list of samples scheduled for disposal.
2.0 CAPABILITIES AND QUALIFICATIONS
2.1 All Contractor personnel and their subcontractors shall be qualified professionals as defined by the NYS Department of Health ELAP in the technical areas that require their services. Persons working on BNL site samples must have proper training and technical qualifications to perform their duties as defined by the New York Codes, Rules and Regulations, Title 10 Section 55-2.
2.2 The Contractor shall maintain, in proper state of repair, analytical equipment, facility equipment, facilities, and the environment as prescribed by the equipment manufacturer and the Contractor’s QA/QC program.
3.0 BILLING
3.1 Required information and a prescribed format for analytical laboratory invoices are provided in Exhibit A.
4.0 LICENSES AND CERTIFICATIONS
4.1 The Contractor shall be a laboratory possessing a current certification by the New York State Department of Health (NYSDOH) under the ELAP, to analyze for potable, non-potable, and solid/hazardous waste categories for chemical analysis, and/or certification for potable and non-potable categories for radiological analysis and national certification under NELAP.
4.2 The Contractor shall be a participant in both Water Pollution (WP) and Water
Supply (WS) studies administered by National Institute of Standards and Technology (NIST) approved providers for chemical parameters. In addition, all laboratories that perform radionuclide analyses shall participate in the DOE Mixed Analyte Performance Evaluation Program (MAPEP).
4.3 The Contractor shall be a participant in New York State Department of Health
ELAP Non-potable Water, Potable Water, Solid and Hazardous Waste, radiological and non-radiological analytes; the United States Department of Energy, Environmental Measurements Laboratory Quality Assurance Programs, Radiological samples, Air, Water, Soil, Vegetation; and the Environmental Resource Associates Water Pollution, Water Supply, and Radiological. The contract lab shall also participate in the National Pollutant Discharge Elimination System (NPDES) QA Proficiency Evaluation
4.4 The Contractor should have a DOE Consolidated Audit Program-Accreditation Program (DOECAP-AP) assessment to satisfy DOE order 435.1 Radioactive Waste Management, and DOE order 414.1D, Quality Assurance, or in lieu of DOECAP-AP be audited to confirm compliance to QC requirements of DOE order 414.1D and 435.1.
4.5 In the event of any changes in certification status for an analyte or analytes covered under this contract, the Contractor shall inform the BSA Technical Representatives by telephone within 24 hours, and in writing, no later than 48 hours of said notification. Furthermore, it is the responsibility of the Contractor to subcontract out those affected samples to a second certified laboratory at no additional cost to BSA, until the certification is reinstated. The subcontracted laboratory must be approved by BSA prior to sending samples to them. In addition, after reinstatement of certification for those affected parameters, the Contractor should inform the BSA Technical Representatives of the same in writing, prior to resuming analysis on BNL site samples (NYS Public Health Law Section 502).
The Contractor shall submit all proficiency results for the past two years in Section 4.0 of the bid proposal. Proficiency results shall include all tests mentioned in Sections 4.2 and 4.3 of this SOW.
4.6 Contractor shall be responsible for submitting proficiency results to the BSA Technical Representative when requested.
4.7 The Contractor providing analyses of waste samples must be certified by the State of Utah.
4.8 All the required analysis under this contract shall be performed by the Contractor Laboratory. However, under unusual circumstances and with the advance written approval of BSA, the Contractor may propose to subcontract out to a second laboratory, provided that laboratory meets all the qualification and certification requirements described in Sections 3.0 and 4.0 from the NYSDOH for those affected parameters. Unusual circumstances include a rapid turnaround time request, a heavy sample load, loss of certification for an analyte or a category, or other unavoidable circumstances. In the event that work is subcontracted, written approval of the subcontractor by the BSA Technical Representative shall be obtained prior to resuming analysis of BNL site samples. The Contractor shall be responsible for any financial penalties (as listed in Section 8) that may be imposed due to errors by their subcontractor laboratories. Also, the Contractor is responsible for any shipping charges to and from their Subcontractor.
4.9 For consideration regarding the Limited Radiologic and Full-Service contracts, the Contractor shall possess a valid Nuclear Regulatory Commission (NRC) or Agreement State Byproduct or Radioactive Material License. The Contractor shall ensure that the maximum quantity of radioactive material specified in this license is sufficient to allow possession of the radionuclides and activity levels contained in the anticipated samples without exceeding the laboratory’s licensed amounts (Nuclear Regulatory Commission’s Title 10 CFR Part 30).
5.0 ANALYTICAL PROCEDURES AND PROTOCOL
5.1 The prescribed chemical method, contract method detection limits, quality assurance/quality control requirements, and deliverables are described separately in the Technical Specifications Part I (Exhibit E). Modifications to specific methods or requirements of this effort shall not be accepted without prior written notification of, and approval by, the BSA Technical Representative. The Contractor shall notify the BSA Technical Representative in writing in the event that a procedure/protocol requirement, contract required detection limit, turnaround time, holding time, or other quality assurance acceptance criterion is not met, or when a sample is found to be missing or destroyed.
5.2 The contract method detection limits in water and soil for samples with low radionuclide concentrations should be below the levels that are listed in Technical Specifications Part I (Exhibit E).
5.3 The BSA Chain of Custody (COC) form, shown in Exhibit B, will be used to track the movement and storage of all BNL samples. Upon receipt of samples at the Contractor Laboratory, the temperature of samples in coolers shall be checked and recorded. Samples which are preserved by pH adjustment must have the pH checked upon receipt and logged on the appropriate Contractor forms. Sample containers shall be stored and prepared for analysis as prescribed by the analytical method listed in the Statement of Technical Specifications Part 1(Exhibit E).
Also, when radiological samples are sent, radiological surveys of sample shipping containers will be performed.
5.4 Contractors with the ability to prepare and analyze fish, animal, and flora samples should include prices for the preparation. The actual analytical prices should be the same as soil samples for the requested fraction. Therefore, the total charge for the sample will be the preparation charge plus the analytical charge. Typical analytical parameters are semivolatile organic compounds, pesticides/PCBs, metals, and radionuclides; however, this list can change depending on the project objectives. Animal samples will be skinned prior to sending the samples to the Contractor. In most instances animal samples will be sent ready for preparation.
However, contractors should have the ability to separate the meat from the bone and prepare and analyze each fraction separately. Animals most likely to be sent out for analysis are squirrels, rabbits, selected parts of deer, and fish. When BSA requests the analysis of biota samples, the laboratory should report the data as wet weight along with a percent moisture reported on the analysis report form when samples require drying for accurate analysis. If tissue samples are sent analytical data should be reported ‘as received.’ Some biota samples are dried at BNL and percent moisture is provided with the sample, the report forms must include any percent moisture values given to the laboratory by BSA and wet weight values reported. Fish are often sent for multiple analyses that may consume the volume available. Order of analysis will be specified on Chain of Custody forms to indicate priority order.
6.0 QUALITY ASSURANCE
The results provided by the Contractor are used to support environmental monitoring activities, environmental restoration decisions, and to determine waste characterization, disposal and treatment options. In order to meet these objectives, the following requirements shall apply.
6.1 A designated Contractor representative shall sign and date the chain-of-custody record accompanying each sample shipment, thereby documenting receipt of samples. If the information on the COC does not accurately represent the contents of the shipment (ex. missing or broken bottles), the COC must be corrected and the corrections initialed and dated. If any changes or corrections to a COC record are made after the COC is received by the Contractor Laboratory, the Contractor shall send copies of the revised COC record to the BSA Technical Representative.
6.2 BSA will perform quality control checks on the Contractor by periodically including split/blind samples, duplicates, and double-blind control samples with known reference amounts. Aqueous and soil quality control samples including field and equipment trip blanks, as well as duplicates, will be collected by BSA or BSA’s contractor personnel and submitted for analysis.
6.3 The results of internal assessments performed by the Contractor during the analysis of BNL site samples shall be provided to the BSA personnel, along with documentation of associated corrective actions, upon request.
6.4 The Contractor shall provide its current approved QA/QC Manual and all applicable procedures to BSA for review. These should be included as Section 6 of the bid proposal.
6.5 The Contractor shall submit its internal data validation procedures for radiochemical, and chemical analysis to BSA for review. This procedure shall specify the laboratory’s acceptance criteria for each analysis method’s quality control results and corrective actions for failing acceptance criteria, including assigning data qualifiers (see Exhibit C). Each fraction in a sample data group shall meet the EPA’s 90% data completeness criteria. Valid/usable results include all sample results in the sample data group except those with an “R”, a “-J”, or a “-UJ” qualifier that has been applied for quality control violations. In addition, for radiochemical analytes, unless otherwise indicated by EPA method or BSA Technical Specification Part 1 (Exhibit E), the measurement accuracy shall be within ±25% of the known standard and the precision within ±35%. If an analyte detected at a high concentration results in a contract minimum detection limit not being met, then these results (having a DL qualifier) may be excluded from the calculation for completeness.
6.6 The Contractor shall make available to BSA hard copies/PDF of quality assurance results of sampling, tests or other data generated by the laboratory, or on their behalf, with respect to any sample analyzed under this contract within forty-five
(45) days of performance of such sampling or tests. If quality assurance is not completed within forty-five (45) days, hard copy/PDF, Quality Assurance data or results shall be submitted as soon as they become available (see Exhibit D) for radiochemical data validation packages. In addition, BSA shall make available data validation protocols, upon request, if EPA Region II data validation protocols are not used.
6.7 The Contractor may be requested to analyze split or duplicate samples to be taken by government agencies during sample collection conducted during the implementation of this contract.
6.8 The Contractor will be assessed for QA/QC compliance and competence with the required methods by BSA. During the lifetime of this contract, BSA reserves the right to assess the performance of the Contractor or any approved subcontractor at any time, including an assessment or inspection of the laboratory facilities by BSA. Continuation of the contract is predicated on the satisfactory performance findings.
6.9 If BSA has a question regarding analyses performed by a Contractor or the deliverables, the Contractor will be contacted either by telephone or email. The Contractor must respond to the question within 24 hours with either an answer to the issue or a schedule of when the answer will be available.
7.0 DELIVERABLES, REPORTING RESULTS AND ELECTRONIC DATA
MANAGEMENT
7.1 Within 24 hours of receipt of samples, the Contractor shall email a report to the
BSA Technical Representative and those identified on the COC email distribution listing Sample Delivery Group (SDG) Number, BSA identification number, Contractor identification number, condition of the bottles upon receipt and analyses requested.
7.2. The SDG shall be submitted to the BSA Technical Representative and includes all requested analysis and a written report with the required deliverables. The Contractor shall submit the SDG for samples except State Pollutant Discharge Elimination System (SPDES) samples within 30 calendar days from the receipt of the sample shipment. However, for samples requiring priority turnaround time, the data delivery shall be less than or equal to the time limit specified on the BSA chain-of-custody record. Preliminary results for priority turnaround time samples should be provided via email, and the complete data package (including the electronic data deliverable) shall be provided within 30 days of receipt of the samples. All electronic data deliverables (EDDs) shall be sent to the BSA Technical Representative at the same time as the SDG is sent out. The specifications for EDDs are provided in Part II of the Technical Specifications (Exhibit F). The Contractor shall be responsible for EDD delivery, even when a subcontractor or other laboratory performs analyses. Specifications for the hard copy data packages are provided in Part III of the “Technical Specifications for Hazardous Chemical and Radiochemical Analytical Laboratory Services” (Exhibit G).
For SPDES samples, the turnaround time stated on the chain-of-custody is the turnaround time for final data and EDD submission. Preliminary data are not acceptable for SPDES sample turnaround times.
7.2.1 For the purpose of delivery of data for this contract, an SDG is a group of samples, up to a maximum of twenty (20), received on one COC. For each COC, one SDG and one EDD shall be provided to BSA. If the Contractor must break a COC into multiple SDGs, the electronic deliverable must be combined into one EDD. BSA will provide, to the extent possible, samples for the same project in groups of 20 or less. These samples shall be provided with a SDG Number that is linked to a project and BSA Technical Representative’s name for billing and reporting purposes. It is the contractor’s responsibility to ensure that holding times are not impacted.
7.3 The PDF copy of each SDG shall contain numbered sheets that clearly and legibly tabulate the following information.
The analytical method used Data results and their uncertainty [two (2) standard deviation error] Units used (pCi/g or µg/kg for solids and pCi/L or µg/L for water are required for radioactive or chemical contaminants, respectively. Other units may be reported on the PDF copy but must be clearly specified.
Other units are not acceptable for the EDD. See Section III of the Technical Specifications.)
The method detection limit achieved for each sample result (using the same units)
The completed chain-of-custody report(s) -- This includes the original field COC and copies of internal lab COCs.
Contractor /BSA sample number cross reference list and corresponding project numbers
Field/laboratory duplicate and field/methods blank results Control spike, matrix spikes and matrix spike duplicate results Background control and laboratory control sample control charts Self-absorption factors vs. sample thickness results
Initial and continuing calibrations and other QA/QC information Raw data.
Samples must be identified by use of sample numbers, calibration curves, traffic reports, and other tracking records.
7.4 The SDGs should include all the required information to verify the validity of reported results (see Exhibit D for radiochemical data validation packages). The following shall all be noted.
the date the sample was collected the date the sample was received by the laboratory the date the sample was prepared the date the sample was analyzed the total propagated uncertainty for the measurement the minimum detectable concentration achieved
The BSA Technical Representative may specify equations used to calculate result, total propagated uncertainty, and minimum detectable concentration. Data qualifiers will also be assigned to each result, if needed.
7.5 A summary of positively identified chemicals and radionuclides, and a justification of the proposed rejection of any results (see Exhibit C,) shall be provided for each SDG. A written narrative describing problems encountered in the preparation of samples or during analysis and corrective actions (including telephone logs, etc.) shall be provided. The report shall be paginated and contain the signature of a authorized Contractor representative documenting his/her review and approval of the package.
7.6 Sample analysis results shall be provided to BSA in electronic format, as specified in Exhibit F, Part II of the Technical Specifications. Electronic data shall be submitted by e-mail to the BSA Technical Representative and/or his designee, as well as those identified on the COC to receive email copies at the same time as the PDF, as specified.
7.6.1 Revisions to the electronic format may be needed in the future based on program requirements. The BSA Technical Representative will provide written notice of such revisions. Revisions shall be implemented within 90 days of written notice, at no additional cost to BSA.
7.7 The results obtained under this Contract may be interpreted as relating to the release or threat of release of hazardous substances, pollutants, or contaminants at the BNL site. Because of this, the Contractor shall preserve, for a minimum of ten (10) years after termination of this Contract, all its records and documents, in its possession or in the possession of its contractors, generated under this Contract. Drafts of finalized documents are exempt from this requirement.
Specific project documentation may also be disposed of after written permission is obtained from the BSA Technical Representative. After this ten (10) year period, the Contractor will notify BSA at least ninety (90) days prior to destruction or disposal of any such documents or records. Upon request by BSA, the Contractor shall make available such records or documents to BSA, DOE, EPA, or New York State Department of Environmental Conservation (NYSDEC) (IAG section XXV, February 1992) at no additional cost.
7.8 Many of the SDGs generated under this Contract will require independent validation to meet data quality objectives. If non-conformances or deficiencies are discovered during the validation of the data, the Contractor is responsible for making corrections and/or providing additional information to BSA or directly to a BSA hired Validation Contractor, as necessary. The Contractor shall provide the corrected data to BSA as a pdf and report in the specified electronic format within 30 days after the data has been validated by BSA or after all non-conformances or discrepancies have been resolved.
7.9 The Contractor shall submit directly to the BSA Technical Representative and the
Contractual Representative on a monthly basis an estimate of anticipated accrued earned value to be completed for the current entire month. This estimate shall be provided by the 26th of each month and be identified at a level of detail consistent with the approved Fee Schedule.
8.0 ADDITIONAL CONDITIONS
8.1 The consequences of missed sample holding time, lost or destroyed samples, missed turnaround times, or rejected analytical data results based on the failure to meet the Contractor’s validation acceptance criteria and for causes that are under the control of the laboratory, see Exhibit H, the following conditions shall apply:
8.1.1 Missed Holding Time/Sample Loss or Destruction: BSA shall not pay for any work performed on samples that have missed the specified holding time, as long as all samples in the group were received by the Contractor with 50% of holding time still being available. BSA shall not pay for any work performed on samples that were lost or destroyed by the Contractor’s personnel. (The BSA Technical Representative may allow limited exemptions to these conditions, as based on the circumstances.)
8.1.1.1 BSA shall not pay for any analyses that are deemed unusable based on Contractor error.
8.1.1.2 The Contractor shall deduct from the corresponding sample data groups invoice the following amounts for the re-sampling performed by BSA:
8.1.1.2.1 surface soil - $ 250,
8.1.1.2.2 core borings - $2500,
8.1.1.2.3 Geoprobe® soils- $ 500,
8.1.1.2.4 sediment - $ 250,
8.1.1.2.5 surface water - $ 500,
8.1.1.2.6 groundwater monitoring well - $ 200, and
8.1.1.2.7 Geoprobe® groundwater - $ 700.
The cost for recollecting vertical profile samples using a drilling rig will be borne by the contractor. The Contractor shall reanalyze the new sample on an expedited basis, at no charge to BSA.
8.1.2 Missed Turnaround Time: For missed turnaround time, BSA shall pay the price that is consistent with the receipt time frame. For all samples except SPDES samples, if the delivery of the final hard copy and electronic deliverable to the BSA Technical Representative occurs after a period that exceeds two times the turnaround time requested for that analysis, these analyses shall be invoiced at the rate for the next turnaround time. If the final hard copy and electronic deliverable are not received within 60 days of the due date or within 60 days of the notification to the contract laboratory that their submittal was incomplete (whichever is longer), these will not be invoiced.
For SPDES samples, final PDF results and EDDs must be received by BSA no later than the 14th of the month following collection. Deliverables received after the 14th will not be accepted. Turnaround time requests on the BSA chain-of-custodies will take this date into account. The Contractor will be responsible for paying any fines levied against BSA due to late or incorrect SPDES sample data.
8.1.3 Nonconforming Analyses: During validation of technical data, results may be rejected because the data failed to meet the Contractor Laboratory’s validation acceptance criteria, and for causes that are under the control of the laboratory. If BSA determines that this is the case, the Contractor shall reanalyze the sample. If the reanalysis results yield the same results as the rejected data, then BSA shall pay the price of the reanalysis. If the reanalysis results differ by more than 2.33 times the total propagated uncertainty from the original results, the Contractor shall:
1. Expect not to receive payment on the associated invoice,
2. Determine which results they will validate, and
3. Provide BSA with a document of reconciliation that includes a root cause, corrective action, and corrective action to prevent recurrence.
4. The Contractor will be responsible for paying any fines associated with nonconforming analyses.
8.1.4 Complete Submittal: A project will not be considered complete until all required final PDF and electronic data (EDD) have been received by BSA for all analyses requested on the chain-of-custody. If an analysis requested on the chain-of-custody could not be performed, the case narrative must clearly state this and the reason for the omission. All QC issues which may have affected the quality of the reported results must be mentioned in the case narrative along with any corrective actions which were implemented. Incomplete case narratives will result in an incomplete submittal.
8.1.5 Non-conformance Reports: If BSA or the Contractor identifies a problem with a reported analysis, the PDF data package must be reissued with a non-conformance report attached to the case narrative. The revised report must be issued within two weeks of notification of the problem. If the problem cannot be resolved within two weeks, a written update of the progress must be issued to BSA.
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