ESBD_491667_1771689568164_582-27-00030_RFP_Laboratory-Analysis-Services_ESBD.pdf

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Cover Page

Date: February 21, 2026

Type of Solicitation: Request for Proposals (RFP)

Name of Solicitation: Laboratory Analysis Services

Solicitation Number: 582-27-00030

Class 926, Item 42, 85; Class 961, Item 48; Class 962, Item 22;

Class 989, Item 24, 75, 91; Class 992, Item 31

Responses Due

March 23, 2026, at 3:00 PM Central Time

Pre-Proposal Conference

March 3, 2026, at 11:00 AM Central Time.

Pre-Proposal Conferences are held virtually, using Microsoft Teams Town Hall. See Page 6 for further details.

The link for the Pre-Proposal Conference is provided below:

Pre-Proposal Conference

Pre-Proposal Conference is not mandatory.

Deadline for Submission of Questions

March 6, 2026, at 3:00 PM Central Time

Anticipated TCEQ reply to Vendor Questions (This date is only an estimate):

March 13, 2026

Description:

The Texas Commission on Environmental Quality (TCEQ) seeks to contract laboratory services to perform remedial and compliance analyses of samples for several environmental regulatory programs within the State of Texas. TCEQ may make multiple and/or regional awards for the work set forth in this scope of work. TCEQ is seeking contractors that can provide the highest quality of performance in a timely manner and for reasonable charges. The contractor will need to meet the minimum qualifications stated in Section D, Specifications and Performance Standards, and will need to have adequate facilities to meet the

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 1 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmM4YTNmOWYtY2M5ZC00YmQ1LThmNWMtODdhN2JhNjBlYzc3%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%2230f2ac8d-f3ef-4aab-a15c-d502cbfc4fc2%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjA5NTA0NzYtNDlkZS00ZDlkLWExODUtNjE3MGM4MDg0ODUy%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%2230f2ac8d-f3ef-4aab-a15c-d502cbfc4fc2%22%7d demands for timely performance of analyses of samples provided by several regulatory programs of TCEQ. The contract will commence on September 1, 2026, or the date of last signature on the contract, and continue through August 31, 2027. This contract may be renewed for four (4) one-year renewal periods upon mutual written agreement between both parties.

Historically Underutilized Business (HUB)/ Veteran Heroes United in Business (VetHUB) Subcontracting Plan Note: Subcontracting opportunities have been identified. See information regarding the HUB program and completing the HUB Subcontract Plan in the Responder General Instructions and in the HUB Subcontracting Plan form in Section 4 of this Solicitation

PURCHASING AUTHORITY:

• Scientific & Technical Environmental Services (RFP) Texas Water Code Section 5.2291, Gov’t Code Section 2254.003

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 2 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services

SOLICITATION TABLE OF CONTENTS

SECTION 1: General Information

• Cover Page

• Solicitation Table of Contents

• TCEQ Points of Contact for This Solicitation

• Response Submission Procedure

• Responder General Instructions

• Responder Special Instructions

• FTPS User’s Quick Guide for Solicitations

SECTION 2: Scope of Work and Evaluation Criteria

• Scope of Work

• Evaluation Criteria o Statement of Qualification Organization Qualifications and Key Personnel Past Performance Sample Work Plan Price Form Price

SECTION 3: Draft Contract Documents

• Contract Signature Page

• Contract Documents List

• Federal Conditions and Forms

• Special Terms and Conditions

• General Terms and Conditions

• Insurance Section

• Notices, Project Representatives, and Records Location

• Attachment A: Approved Price Form (incorporated upon completion)

• Attachment B: Release of Claims

• Attachment C: TCEQ Regional Map

SECTION 4: Response Documents – To be submitted with Response, unless otherwise noted below

• Responder’s Signature and Information

• Response Contents (not submitted as part of Response)

• Signed Cover Pages of Addenda

• Statement of Qualifications

• Responder’s Key Personnel Qualifications and Experience

• Technical Approach or Work Plan

• Price Form (submitted as a portable document format [PDF] in the

Response and as a separate Excel file)

• Preferences

• Federal Forms

• HUB Subcontracting Plan Forms

• Certifications (not submitted as part of Response)

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 3 of 105 Request for Proposals (RFP)

TCEQ Points of Contact for This Solicitation

TCEQ Procurements and Contracts Representative

Primary Contact

Name: Yvette Owens Telephone: (512) 239-5715 Email: Yvette.Owens@tceq.texas.gov

Secondary Contact

Name: Demetria Avery Telephone: (512) 239-0368 Email: Demetria.Avery@tceq.texas.gov

Please allow one business day before contacting the secondary contact.

Exception: If there is less than 24 hours before a solicitation deadline, you may contact the secondary contact after attempting to contact the primary contact.

Except for contacting the VetHUB Coordinator, all communication regarding this solicitation must be directed to the TCEQ Procurements and Contracts Representative. If this requirement is not met, then the Response may be disqualified.

Email for Vendor Questions: Procurements&Contracts@tceq.texas.gov

TCEQ VetHUB

VetHUB Coordinator Name: Claribel Diaz

Email: Claribel.Diaz@tceq.texas.gov

Page 4 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services mailto:Yvette.Owens@tceq.texas.gov mailto:Demetria.Avery@tceq.texas.gov mailto:Claribel.Diaz@tceq.texas.gov

Response Submission Procedure via TCEQ’s File Transfer Protocol Secure (FTPS) Server

The Response (proposal) must be signed, and the Responder must submit the Response to TCEQ as one Adobe portable document format (PDF) searchable file. In addition to including the PDF of all Response documents, submit the following file: Microsoft Excel version of the Price Form. Responses to the Solicitation may only be submitted to TCEQ’s FTPS server. The email address is listed below.

Responder must:

a. Upload the file(s) to TCEQ’s FTPS site,

b. Select the file(s) and click the “Share” button. Note: Press the Share button to share files, not the Share- or the Share√ buttons.

c. Enter esbd-response@tceq.texas.gov as the email address. Click "Add" and then “OK.” Click OK again to confirm the file share.

d. A “Notify Recipients” message will appear. Add the Solicitation Number, Solicitation Name, and the Due Date for Responses before the text in the box that says, “One or more files have been shared…” and send the message.

For instructions for using TCEQ’s FTPS Server, please visit:

FTPS User’s Quick Guide for Solicitations (https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx)

The FTPS User’s Quick Guide is also attached below (after Instructions).

For more detailed directions for using TCEQ’s FTPS Server, please visit:

TCEQ FTPS Help Page (https://ftps.tceq.texas.gov/help/)

Please note: Responses uploaded to TCEQ’s FTPS server without completing the share file(s) steps will not be considered submitted.

Page 5 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://www.tceq.texas.gov/downloads/agency/financial/contracts/ftps-respondent-user-quick-guide.docx https://ftps.tceq.texas.gov/help/ https://ftps.tceq.texas.gov/help/

Responder General Instructions

The terms response and proposal are used interchangeably to mean the submission by the Responder to this Solicitation.

Pre-Proposal Conference

Pre-Proposal Conference will be held virtually (no physical location). The date and time are listed on the Cover Page of this Solicitation.

Participants can join the Microsoft Teams Town Hall event for this conference by following the link on the Cover Page. Participants will be asked to either download the Windows application or view the presentation on the web.

Any scheduling changes to the Pre-Proposal Conference made after the posting of this Solicitation will be announced in an addendum posted on the Electronic State Business Daily (ESBD) link https://www.txsmartbuy.gov/esbd.

Questions Regarding the Solicitation

Deliver questions in writing no later than the Deadline for Submission of Questions listed on the Cover Page. Questions must be submitted to the following email address: Procurements&Contracts@tceq.texas.gov.

Please include the following information in the subject line of the email:

Solicitation Number, Solicitation Name, and the Due Date for Responses.

TCEQ will provide answers to questions in one or more addenda posted on the ESBD. TCEQ may, at its sole discretion, extend the Due Date for Responses to provide Responders additional time to make revisions.

Addenda

Any changes to the Solicitation, deadline/due dates, and all responses to questions will be posted as addenda on the ESBD. All addenda are part of the Solicitation. No other explanations, interpretations, or changes will be considered official or binding. It is Responder’s responsibility to review all addenda.

Changes to the Terms and Conditions

Exceptions that are not advantageous to TCEQ may result in the deduction of points in the evaluation or disqualification of the Response. Requested changes to the terms and conditions must be labeled and included behind Tab 5.

Cost of Preparing the Response

The Responder is responsible for all costs incurred in the preparation and submission of a Response.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 6 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services https://www.txsmartbuy.gov/esbd mailto:Procurements&Contracts@tceq.texas.gov

Quantity and Nature of the Work

Responders are required to inform themselves of all conditions which may affect the performance or the prices. By submitting a Response, Responder expressly waives any claims that there was a misunderstanding concerning the quantities or the nature of the Work.

HUB Subcontracting Plan (HSP)

This Solicitation requires a HUB Subcontracting Plan for any contracted staffing, services, materials, supplies, or any other portions of work. Failure to comply with the HUB requirements and submit a complete HSP will result in rejection of the Response.

The HUB Subcontracting Plan (HSP) forms and additional information about the VetHUB program are found at the Texas Comptroller’s website:

(https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

Responders are encouraged to seek assistance in completing the HSP from the TCEQ HUB Coordinator, listed under the TCEQ Points of Contact for this Solicitation. You may also request an HSP courtesy review from the TCEQ HUB Program Coordinator. Requests for HSP courtesy reviews must be made well in advance of the Response due date. HUB assistance may depend upon the staff availability and resources.

Responders understand that if awarded a Contract, the HSP becomes part of the Contract terms, and any changes to the HSP must first be reviewed and approved by TCEQ to ensure the good faith effort requirements found in 34 Texas Administrative Code §20.285 were followed. This includes subcontracting for any contracted staffing, services, materials, and/or supplies with a subcontractor not listed on the approved HSP.

Preparation of Responses

Responses become TCEQ records and cannot be returned, except for Responses withdrawn by the Responder prior to the due date and time for Responses. Responses must be in the format of one (1) electronic searchable PDF document of the entire Response and shall not be password protected.

In order for the Response to be deemed responsive, the electronic version must contain the entire Response. Additionally, the electronic version must contain a signed Responder’s Signature and Information page. If these requirements are not met, then the Response may be disqualified.

Prepare the Response as follows:

• Include all information listed on the Response Contents page.

• Obtain any missing applicable forms from TCEQ with sufficient time to complete and submit them in the Response.

• Complete the applicable, required forms in this Solicitation.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 7 of 105 Request for Proposals (RFP) https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php

• Create any other applicable documents.

• Insert all applicable documents behind cover pages for the specified tabbed sections. If there is no information to include behind a tab, include a page behind the cover page for the tab stating “Not Applicable”.

• All pages of the Response shall be submitted to allow for printing on standard 8.5-inch X 11-inch paper. Any maps may be submitted to allow for printing on 11-inch X 17-inch paper. Standard font size for the Response shall be 10 to 12 point. Charts and maps may use smaller font size, but not less than 8 point. Language shall be American English.

• If page limits are specified, any information provided by the Responder in excess of the allowable page limits will not be evaluated.

• Each page of the Response shall be labeled with the Responder’s name and the Solicitation number.

• Sign all documents that require a signature, including the Response on the Responder’s Signature and Information page. Create a PDF of each signed document and place behind the required tab. Responses not containing a PDF of a signed Responder’s Signature and Information Page may not be considered.

• Create a PDF of the entire Response for email submission to the TCEQ.

Submission of Responses

• Submit the Response by the due date and time on the Cover Page using FTPS, as specified under Submission Procedures section. TCEQ will not consider Responses submitted via any other method.

• If the Response lacks required information or does not follow these instructions, the Response may be considered non-responsive and disqualified. TCEQ is not responsible for documents that cannot be read.

Unreadable Responses may be, at TCEQ’s discretion, rejected as non-compliant.

• Responses cannot be altered, amended, or withdrawn after the Due Date and Time. To withdraw a Response prior to the Due Date and Time, the Responder must submit the request to:

Procurements&Contracts@tceq.texas.gov.

Due Date/Late Responses

It is Responder’s responsibility to ensure timely delivery of the Response to TCEQ by the date and time on the Cover Page of this Solicitation. Except under extreme circumstances beyond the control of the Responder, late Responses will not be considered.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 8 of 105 Request for Proposals (RFP) mailto:Procurements&Contracts@tceq.texas.gov

TCEQ’s Acceptance of Responses

TCEQ may reject Responses that do not comply with requirements in the Solicitation and state and federal laws. TCEQ may accept or reject all or any part of any Response, waive procedures for submitting Responses, waive formalities and/or minor technicalities, and award by item or groups of items, whichever best serves the interests of TCEQ. TCEQ may also cancel this procurement and withdraw this Solicitation at any time before a contract is signed by TCEQ. TCEQ shall have sole discretion of what is in the best interests of TCEQ.

Evaluation

The pricing and all terms and conditions of Responses are fixed for 120 days from receipt by TCEQ. Best and Final Offers (BAFOs), if requested by TCEQ, are fixed for 60 days. To determine the most advantageous Response, in addition to price, TCEQ may consider other relevant criteria, which are described more fully in Section 2, Evaluation Criteria. TCEQ may use information regarding the Responder’s performance on past TCEQ contracts in the evaluation of qualifications. In addition, TCEQ will use the information contained in the Texas Comptroller of Public Account’s vendor performance tracking system in the evaluation of qualifications.

Selection

Depending on the applicable procurement method and solicitation type, in order to secure the best value for the State, TCEQ may take one or more of the following actions in the selection process:

• Accept the highest scoring Response without changes.

• Request clarifications, assurances, and corrections.

• Modify the selection criteria and apply it to BAFOs, provided that the modifications do not materially affect initial applicant eligibility or invitation to submit a BAFO. Conduct discussions on Responses scoring within a competitive range and request Best and Final Offers (BAFOs).

• Select the highest scoring BAFO and accept it without changes or negotiate acceptable terms.

• Award one or more contracts based on the amount of work that TCEQ foresees needing performed.

• Award contracts to other contractors at a later date under this Solicitation or through another appropriate method, including another solicitation.

• In the case of a tie that cannot be resolved by application of one or more statutory preferences, make a selection, in the best interest of the State, by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tiebreaking activity.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 9 of 105 Request for Proposals (RFP)

Certification of Interested Parties

Section 2252.908 of the Texas Government Code states that a state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the state agency at the time the business entity submits the signed contract to the state agency. The contract is voidable if the business entity fails to provide the disclosure of interested parties as required by statute.

Form 1295 must be filed electronically through the Texas Ethics Commission at https://www.ethics.state.tx.us/filinginfo/1295/ . The web site includes a list of Frequently Asked Questions.

The selected vendor(s) for a contract that meet the requirements to provide a Certification of Interested Parties will be given instructions at the time of award on how to submit the certification form.

Protest Procedures

An actual or prospective Responder or Contractor who is aggrieved in connection with the Solicitation, evaluation, or award of a contract by TCEQ may formally protest to the TCEQ Manager of Procurements and Contracts.

TCEQ Protest Procedures can be found at 30 Texas Administrative Code Part 1, Chapter 11, Subchapter B, § 11.2.

Public Information

The Response is a public record. By signing and submitting a Response, Responder hereby acknowledges:

• That the Response and subsequent documents submitted to TCEQ are subject to the Texas Public Information Act (PIA);

• That it is Responder’s obligation to specifically identify information it contends to be confidential or proprietary and accepts that TCEQ may in its sole discretions deem a Response as non-compliant; and

• That Responder grants a royalty-free, irrevocable, world-wide, perpetual license to reproduce any copyrighted portions of the Response and subsequent documents to comply with LBB reporting requirements, PIA disclosures, or any other reporting requirements mandated by law or statute.

Conflict of Interest

Responder shall disclose apparent, potential or actual conflicts of interest known with the Response in Tab 5. Responder has a continuing obligation to disclose conflicts of interest during this Solicitation, and if awarded a contract, during the Contract Period. TCEQ may refuse to contract with Responder or terminate any Contract due to an apparent, potential, or actual conflict of interest.

Page 10 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=12%2F10%2F2025&recordId=129890 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=12%2F10%2F2025&recordId=129890

FTPS User’s Quick Guide for Solicitations

How to Create an Account

1. Enter https://ftps.tceq.texas.gov/ut.php into your web browser.

Note: it is important to use the same computer when creating an account and when accessing emails from the FTPS system.

2. Click on the “Sign up a new account” button.

3. Enter a name (company name, for example) and an email address. These two fields are required to be completed. Click the Submit button when done.

Page 11 of 105 Request for Proposals (RFP) https://ftps.tceq.texas.gov/ut.php

4. A confirmation box will appear with additional information. Click the OK button.

5. Check for an email from ftp_account@tceq.texas.gov. To set up your password for your account, click on the link in the email. This will take you back to the FTPS site.

6. Set your password, then click the “Reset Password” button.

Page 12 of 105 Request for Proposals (RFP) mailto:ftp_account@tceq.texas.gov

7. A box appears, confirming that your password has been reset. Click “OK”.

Page 13 of 105 Request for Proposals (RFP)

How to Use FTPS to Upload Documents

1. Enter https://ftps.tceq.texas.gov into your web browser.

2. Enter your Username and Password. Click “Login”.

3. Click on the “Upload Files” button at the bottom of the screen.

Page 14 of 105 Request for Proposals (RFP) https://ftps.tceq.texas.gov/

4. From your computer, find and click on the file or files you want to upload. You can upload multiple files at one time.

5. The uploaded file(s) will now appear in the list. Place a check in the box beside the file or files to be shared. Once the files are selected, click the “Share” button.

6. In the pop-up “Share Files” box, enter esbd-response@tceq.texas.gov in the email address box and click the “Add” button. Confirm the correct email address was entered, and then click the “OK” button.

Page 15 of 105 Request for Proposals (RFP) mailto:esbd-response@tceq.texas.gov

7. Another confirmation screen appears, displaying the file or files that have been uploaded and the email address. Click the “OK” button.

8. IMPORTANT: The “Notify Recipients” box appears with pre-filled text. Insert the solicitation number and name in front of the pre-filled text. The text in the red box, below, is an example. Click the “OK” button.

Page 16 of 105 Request for Proposals (RFP)

9. A confirmation that the email was sent appears. Click the “OK” button.

10. You will be returned to the Home page. Click the “Logout” button in the top right corner.

-End-

Page 17 of 105 Request for Proposals (RFP)

SECTION 2:

SCOPE OF WORK AND EVALUATION CRITERIA

ENVIRONMENTAL QUALITY

Page 18 of 105 Request for Proposals (RFP)

SCOPE OF WORK

INTRODUCTION

The Texas Commission on Environmental Quality (TCEQ) needs analysis of samples for several environmental regulatory programs.

A. OBJECTIVE

For a contract laboratory to perform remedial and compliance analysis of samples for several environmental regulatory programs within the State of Texas. TCEQ may make multiple and/or regional awards for the work set forth in this scope of work. TCEQ is seeking a CONTRACTOR that can provide the highest quality of performance in a timely manner and for reasonable charges.

The CONTRACTOR will need to meet the minimum qualifications stated in Section D., Specifications and Performance Standards and will need to have adequate facilities to meet the demands for timely performance of analyses of samples provided by several regulatory programs of TCEQ.

B. TCEQ PROGRAMS

The CONTRACTOR shall perform work to support the following TCEQ Office of Compliance and Enforcement (OCE) Regional Office programs:

• Wastewater (WW)

• Public Drinking Water (PDW)

• Industrial and Hazardous Waste (IHW)

• Municipal Solid Waste (MSW)

• Petroleum Storage Tanks (PST)

• Emergency Response (ER)

C. CONTRACTOR RESPONSIBILITIES

CONTRACTOR should be prepared to perform all analyses listed on the Price Form (Attachment A) either through their lab or an accredited subcontracted lab identified on their HUB Subcontracting Plan (HSP).

Laboratory analyses performed by CONTRACTOR or their HSP identified subcontractors shall be performed according to the parameters listed in the attached Price Form (Attachment A) and the appropriate standards and specifications contained in this Contract. The requirements presented in this document will be applied to all analytical methods unless specifically

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 19 of 105 Request for Proposals (RFP) overridden by the United States Environmental Protection Agency (EPA) or TCEQ-mandated or program/project-specific requirements.

The CONTRACTOR will perform in accordance with: Title 30 TAC, Chapter 25, Subchapters A and B pertaining to Accreditation of Environmental Laboratories;

Title 40 Code of Federal Regulations (CFR) 136, Appendix B, and SW-846, 3rd Edition, Chapter I, Volume 1A, pertaining to establishing minimum detection limits; the Methods for Chemical Analysis of Water and Wastes (EPA-600/4-79- 020); and 500 series Gas Chromatograph and Gas Chromatograph/Mass Spectrometry Methods, including Underground Injection Control (UIC).

The CONTRACTOR will outsource all analyses requested for which the laboratory is not accredited to a laboratory that is accredited for the matrices, methods, and parameters of analysis and is listed on their HSP.

If requested by TCEQ, the CONTRACTOR will identify and direct the appropriate laboratory personnel to appear and testify in enforcement actions regarding samples analyzed by the contracting laboratory.

The CONTRACTOR will maintain a Preventative Maintenance Program. To minimize downtime and interruption of analytical work, preventive maintenance will be routinely performed on each analytical instrument.

Detailed Standard Operation Procedures (SOPs) will be on file or the information incorporated into method SOPs/Laboratory Quality Assurance Plans (QAP) that describe preventive maintenance procedures and schedules.

The laboratory will maintain detailed logs for each instrument documenting the preventive maintenance and repairs performed. It is the laboratory's responsibility to have a backup plan in force such that all sample holding times can be met. Before any subcontracting is performed, the TCEQ Contract Manager must be informed, and subsequent written approval must be given.

The CONTRACTOR will address Emergency and Priority Samples submitted in an expedited manner in accordance with the Price Form (Attachment A).

The CONTRACTOR will be solely responsible for securing copies of any Quality Assurance Project Plans (QAPPs) or other Quality Assurance (QA) documents required from the appropriate TCEQ program area to perform work under this Contract.

The CONTRACTOR will comply with all applicable Occupational Safety and Health Administration standards. The CONTRACTOR will comply with 40 CFR, Parts 260-299 that relate to management and disposal of hazardous waste.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 20 of 105 Request for Proposals (RFP)

D. SPECIFICATIONS AND PERFORMANCE STANDARDS

Specifications and performance standards contained in this Contract shall be cumulative, except that in the event a specification or performance standard conflicts with another specification or performance standard, the more stringent specification or performance standard shall apply unless TCEQ determines otherwise.

E. LABORATORY ACCREDITATION

The CONTRACTOR and any subcontractor employed or used by the CONTRACTOR shall have and maintain accreditation from TCEQ according to Title 30 Texas Administrative Code (TAC) Chapter 25 (relating to Environmental Testing Laboratory Accreditation and Certification) Subchapters A and B, as amended, for all matrices and all methods and parameters of analysis associated with work performed under this Contract, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 TAC 25.6.

The CONTRACTOR and any subcontractor employed or used by the CONTRACTOR may not analyze any samples received under this Contract for which the CONTRACTOR or any subcontractors employed or used by the CONTRACTOR does not have accreditation from TCEQ according to 30 TAC 25 Subchapters A and B as amended, for the matrices and all methods and parameters of analysis associated with work performed under this Contract, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 TAC 25.6.

While performing work under this Contract, the CONTRACTOR shall operate its laboratory and maintain its accreditation according to the standards for accreditation.

The CONTRACTOR shall include these requirements in any contract, work order, or other type of agreement associated with the subcontracting of analytical work under this Contract.

Notwithstanding anything to the contrary, nothing in this Section shall be construed as requiring CONTRACTOR to acquire TCEQ lab accreditation for any methods and parameters of analysis they were not certified for prior to entering into this Contract. The maintenance of accreditation requirements herein shall apply to methods of analysis that CONTRACTOR, and its subcontractors, where applicable, held at the time of evaluation and award of this Contract.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 21 of 105 Request for Proposals (RFP)

1.0 Sample Acceptance and Rejection

1.1 Sample Receiving, Storage, Dispersal, Security, and Disposal.

Upon receipt of a sample, the CONTRACTOR shall assign a laboratory ID and monitor the due date for each analysis performed under this Contract.

1.1.1 Sample disposal.

Upon request by TCEQ, the CONTRACTOR will hold samples and/or all associated extracts beyond laboratory disposal times.

1.1.2 Special Samples.

If required by the program/project (e.g., samples involved in a criminal case), the CONTRACTOR will maintain sample and extract chain-of-custody within the laboratory, always using appropriate documentation and forms. Otherwise, all samples will be handled according to approved laboratory SOPs.

1.1.3 Invalidating samples.

The CONTRACTOR will make every effort to validate samples received.

1.1.3.1 Samples invalidated at check-In.

The CONTRACTOR shall contact the sample submitter of record by electronic mail as soon as practicable, but no later than twenty-four (24) hours from receipt, concerning any sample that is:

improperly collected, preserved, or handled received after holding times have expired received in a container that is broken or in a container whose seal is broken received without a chain of custody (COC) or request for analysis (RFA) form received with a COC or RFA form that lacks signature(s), sampling date(s), or sampling time(s)

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 22 of 105 Request for Proposals (RFP) received with a COC or RFA form that lacks field measurement results, information concerning analyses requested or program area, unless the sample submitter of record provides the missing information upon request.

1.1.3.2 Samples invalidated after check-in.

The CONTRACTOR shall notify the sample submitter of record and the TCEQ Project Manager by electronic mail of the rejection of any sample and reason(s) for rejection within seventy-two (72) hours of rejection. Reasons for invalidation of samples will be provided. Records of invalidated samples will be maintained in accordance with procedures outlined in Standard Operating Procedures (SOPs) maintained by the

CONTRACTOR.

1.1.3.3 The CONTRACTOR may contact the sample

submitter of record to determine whether or not to accept incomplete or missing documents or information.

1.1.3.4 Legal Chain of Custody

The CONTRACTOR shall have a written SOP for maintaining legal chain of custody of samples consistent with the procedures in the current version of American Society for Testing and Materials Method D 4840, Standard Guide for Sample Chain-of-Custody Procedures found at https://www.astm.org/Standards/D4840.htm.

The CONTRACTOR shall maintain legal chain of custody on samples that TCEQ identifies in a written request for the laboratory to implement the SOP.

1.1.3.5 The CONTRACTOR must contact the TCEQ

Contract Manager upon receiving samples with a turnaround time of less than five (5) days for which they propose to charge any “RUSH” fees.

Written approval from the Contract Manager is required prior to performing any services which charges will vary from the Price Form

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 23 of 105 Request for Proposals (RFP) https://www.astm.org/Standards/D4840.htm

2.0 Analysis

2.1 Methodology.

CONTRACTOR will perform all analytical procedures listed in the Price Form (Attachment A) using the following specified methods:

2.1.1 Wastewater. For samples submitted by the OCE Regional

Office Wastewater Program, the CONTRACTOR shall perform analyses in accordance with

Code of Federal Regulations Title 40 Chapter 1 Subchapter D Part 136 https://www.ecfr.gov/current/title-40/chapter- I/subchapter-D/part-136

Standard Methods for the Examination of Water and Wastewater https://www.standardmethods.org/

30 TAC § 319.11 – Sampling and Laboratory Testing Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMA RY&queryAsDate=10%2F27%2F2025&recordId=201641

30 TAC § 319.12 – Alternate Sampling and Laboratory Methods https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMA RY&queryAsDate=10%2F27%2F2025&recordId=201642

2.1.2 Public Drinking Water. For samples submitted by the OCE Regional Office Public Drinking Water Program, the CONTRACTOR shall perform analyses in accordance with QAPP for TCEQ Public Water System Supervision Program (PWSSP) related to the Safe Drinking Water Act (SDWA) https://www.tceq.texas.gov/drinkingwater/pwss.html

2.1.3 Industrial Hazardous Waste or Municipal Solid Waste. For samples submitted by the OCE Regional Office Industrial Hazardous Waste or Municipal Solid Waste Programs, the CONTRACTOR shall perform analyses in accordance with

QAPP for Environmental Monitoring and Measurement Activities Relating to the Resource Conservation and Recovery Act and Underground Injection Control https://www.tceq.texas.gov/permitting/waste_permits /ihw_permits/qapp.html

SW-846, Field Operations Solid Waste Policy and Guidance Manual

TCEQ Industrial Hazardous Waste Investigators Manual

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 24 of 105 Request for Proposals (RFP) 582-27-00030 Laboratory Analysis Services https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-136 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-136 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-136 https://www.standardmethods.org/ https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201641 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201641 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201641 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201641 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201642 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201642 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201642 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=10%2F27%2F2025&recordId=201642 https://www.tceq.texas.gov/drinkingwater/pwss.html https://www.tceq.texas.gov/permitting/waste_permits/ihw_permits/qapp.html https://www.tceq.texas.gov/permitting/waste_permits/ihw_permits/qapp.html

2.1.4 Petroleum Storage Tank. For samples submitted by the OCE Regional Office Petroleum Storage Tank Program, the CONTRACTOR shall perform analyses in accordance with

TCEQ Petroleum Storage Tank Program QAPP

2.1.5 Emergency Response. For samples submitted by the

Regional Office Emergency Response Program, the CONTRACTOR shall perform analyses in accordance with instructions provided by the Sample Submitter.

CONTRACTOR shall perform the analytical procedures listed in the “Method” column in Schedule of Fixed Costs for Reimbursement (Attachment A).

2.2 Method Modification.

2.2.1 If in the opinion of the CONTRACTOR, another available

method or procedure or a modification to a method specified in the Section 2.1 would generate as good as or better data than the specified method, the CONTRACTOR shall make written recommendations to the TCEQ Project Manager and, if the recommendations are accepted by the program, written approval will be issued to use another available method or to modify a method specified in Section 2.1. The CONTRACTOR will maintain records of the quality control parameter data generated using the other available method or the modified method on the program’s samples.

2.2.2 It is the CONTRACTOR’S responsibility to demonstrate and maintain documentation that supports the equivalency of any method modifications.

2.2.3 Approval by the TCEQ will be granted or denied based on review of the application, specifically the section documenting an initial demonstration of method equivalency conducted by the laboratory.

2.3 Parameters of Analysis.

The CONTRACTOR shall analyze samples for the parameters listed on the COC, RFA, or other sample submission document provided by TCEQ.

2.4 Unusual Interferences and analytical problems.

The CONTRACTOR will notify TCEQ via telephone or email upon identification of interferences or analytical problems that would

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 25 of 105 Request for Proposals (RFP) prevent sample analysis. Unusual interferences and analytical problems must be reported via comment on analytical reports.

2.5 Subcontracting of Analysis

2.5.1 CONTRACTOR may subcontract any analysis performed

under this agreement to a lab on their HUB Subcontracting Plan (HSP) without notification to the TCEQ Contract Manager and TCEQ Project Manager.

2.5.2 CONTRACTOR may subcontract to another TCEQ Contract

Laboratory (a laboratory performing analysis under a contract with TCEQ) with the prior notification of the TCEQ Contract Manager and the TCEQ Project Manager.

2.5.3 CONTRACTOR must request and receive written approval

from the TCEQ Contract Manager or TCEQ Project Manager to use a lab that is not on the CONTRACTOR’s HUB Subcontracting Plan. The request shall include but not be limited to sample identification numbers, requested analyses, name of the sample submitter of record, and name of the laboratory proposed to perform analysis. The subcontracted lab must be added to the HUB Subcontracting Plan in accordance with the agency’s HUB procedures prior to the service being performed. TCEQ Contract Manager or TCEQ Project Manager approval of a subcontracted lab does not supersede the HUB requirement.

2.5.4 An approval to subcontract analysis to a laboratory that is not a TCEQ Contract Laboratory or not on the CONTRACTOR’S HSP will pertain only to the samples(s) being considered at the time of the request and will not constitute a permanent approval or contractual arrangement.

2.5.5 CONTRACTOR shall be responsible to TCEQ for the

subcontractor's work. CONTRACTOR shall ensure the subcontracted laboratory is competent to perform analysis.

2.5.6 The data report package associated with analysis that is subcontracted by CONTRACTOR shall, in addition to any other requirements, state the name and location of the laboratory performing the work. CONTRACTOR shall maintain records concerning analyses that are subcontracted.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 26 of 105 Request for Proposals (RFP)

2.5.7 CONTRACTOR shall bear any costs associated with

shipping a sample from their laboratory to subcontractor Laboratory.

2.5.8 CONTRACTOR will not charge TCEQ more than the rate

specified in the Price Form for work that is subcontracted to another laboratory. Prices are firm, fixed, and fully-loaded to the Contract and must be inclusive of any fees including, but not limited to, rush fees and minimum charge fees imposed by the subcontractor.

2.5.9 Any subcontracting requests will be considered on a

case-by-case basis. Any such waiver given will pertain only to the sample(s) being considered at the time of the request and will not constitute a permanent contractual arrangement. The subcontracting laboratory must be accredited by TCEQ for the matrix, method, and parameter(s) of analysis.

2.5.10 Any subcontractor used by CONTRACTOR shall enter into

an agreement to adhere to the terms of any applicable QAPP(s) and use the appropriate methods and parameters of analysis that would have otherwise been required of

CONTRACTOR.

2.5.11 Any deviations from this Contract by either the

CONTRACTOR or the TCEQ, must be requested in writing by either party, and may be granted by the TCEQ Project Manager and the TCEQ Contract Manager, and an agent of CONTRACTOR. Any such deviation granted by TCEQ shall pertain only to the sample(s) being considered at the time of the request and will not constitute a permanent contractual arrangement.

3.0 Backup Capabilities

It is the CONTRACTOR’s responsibility to have a backup plan in force such that all sample holding times can be met. The CONTRACTOR shall establish the means of performing all work under this Contract in the event of equipment breakdown or other circumstances. These means may include but are not necessarily limited to the use of backup instrumentation and subcontracting arrangements with other laboratories.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 27 of 105 Request for Proposals (RFP)

4.0 Laboratory Equipment and Instrumentation

4.1 The CONTRACTOR will maintain appropriate equipment and

instrumentation to conduct the analyses.

4.2 The CONTRACTOR will maintain a Preventative Maintenance

Program.

4.3 To minimize downtime and interruption of analytical work, preventive maintenance will be routinely performed on each analytical instrument.

4.4 Detailed Standard Operation Procedures (SOPs) will be on file or the information incorporated into method SOPs/Laboratory Quality Assurance Plans (QAP) that describe preventive maintenance procedures and schedules.

4.5 The laboratory will maintain detailed logs for each instrument documenting the preventive maintenance and repairs performed.

4.6 It is the laboratory's responsibility to have a backup plan in force such that all sample holding times can be met.

5.0 Data Review

5.1 The CONTRACTOR shall have in place a documented process for reviewing work performed under this Contract according to requirements contained in the laboratory’s standard operating procedures. Those procedures will include the requirements for the analyst performing the work to verify that:

5.1.1 Work was done according to the correct preparation, cleanup, and analytical methods.

5.1.2 Work, including the analyst’s review, conformed to the

laboratory’s policies, practices, and procedures.

5.1.3 Sample preparation including any special sample

preparation requirements are correct and complete, and date of sample preparation is recorded.

5.1.4 Analysis, including any special analytical requirements, is correct and complete.

5.1.5 Raw data, including all manual integrations, are interpreted correctly.

5.1.6 Qualitative identifications of sample components met the criteria specified in the method and in the laboratory’s operating procedure(s).

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 28 of 105 Request for Proposals (RFP)

5.1.7 Quantitative results, including any calculations and data reductions, are correct.

5.1.8 Calibrations are complete, documented, and meet

acceptance criteria.

5.1.9 Quality control sample results are complete, documented, and meet acceptance criteria.

5.1.10 Documentation is complete, e.g., all anomalies in the

preparation and analysis have been documented, exception reports are complete, and bench logs are maintained current.

5.1.11 Data and other information, including data qualifiers for the sample and for quality control samples, are ready for incorporation into the final report.

5.1.12 The analyst shall document the results of the review by completing, signing, and dating a data review checklist.

5.1.13 If the analyst identifies any nonconformance with the

method, laboratory standard operating procedures, or The NELAC Institute (TNI) Standard, the analyst shall document the nonconformance and initiate corrective action according to the laboratory’s standard operating procedures.

5.2 A supervisor or data review specialist that is different than the analyst that performed the work shall review each data package, all associated calibration data, and all associated quality control sample results produced under this Contract according to the laboratory’s standard operating procedures and verify that:

5.2.1 Work was done according to the correct preparation, cleanup, and analytical methods.

5.2.2 Work, including the analyst’s review and the peer review, conformed to the laboratory’s policies, practices, and procedures.

5.2.3 Sample preparation, including any special sample

preparation requirements, is correct and complete.

5.2.4 Analysis, including any special analytical requirements, is correct and complete.

5.2.5 Raw data, including all manual integrations, are interpreted correctly.

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 29 of 105 Request for Proposals (RFP)

5.2.6 Qualitative identifications of sample components met the criteria specified in the method and in the laboratory’s operating procedure(s).

5.2.7 Quantitative results, including any calculations and data reductions, are correct and that data flags are assigned appropriately.

5.2.8 Calibrations are complete, documented, and meet

acceptance criteria.

5.2.9 Quality control sample results are complete, documented, and meet acceptance criteria.

5.2.10 Documentation is complete, e.g., all anomalies in the

preparation and analysis have been documented, exception reports are complete and bench logs are maintained current.

5.2.11 Data and other information are ready for incorporation into the final report.

5.2.12 The supervisor or data review specialist shall also trace and verify a random selection of ten (10) percent of all analytical results contained in a data package to the associated raw data and verify the conclusions of the data review are valid.

5.2.13 The supervisor or data review specialist shall document the results of the review and data trace by completing, signing, and dating a data review checklist.

5.2.14 The supervisor or data review specialist shall document any nonconformance including but not limited to unauthorized or inappropriate deviations from the laboratory’s standard operating procedures, forward a copy of the documentation to the laboratory’s Quality Assurance Officer, however named, and initiate corrective action according to the laboratory’s standard operating procedures. Corrective actions resulting from the identification of any nonconformance concerning raw data shall include a trace of the data review performed on all raw data associated with the data package to verify the data review was completed and the appropriate data flags were assigned to the data.

5.3 The laboratory’s Quality Assurance Officer, however named, shall review a random selection of at least ten (10) percent of the data

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 30 of 105 Request for Proposals (RFP) and information produced under this Contract and all nonconformance reports associated with data packages produced under this Contract each year shall identify any systematic nonconformance or adverse trend. The Quality Assurance Officer shall document, and maintain on file, the results of these reviews and any corrections and corrective actions resulting from the reviews.

5.4 Quality Control (QC).

5.4.1 QC samples shall consist of method blanks, sample

duplicates, sample spikes, initial calibration, continuing calibration, laboratory control samples, performance evaluation samples, surrogates and internal standards as required by the project QAPP or as specified in the methods that will be performed.

5.4.2 Analysis of quality control samples will be documented and traceable to the associated preparation and/or analytical batch. QC sample results will be made available upon request.

6.0 Data Reporting

6.1 Standard Data Report.

CONTRACTOR shall provide a Standard Data Report for sample analyses performed for TCEQ to the sample submitter of record in an electronic report and a copy to PSEADINV@tceq.texas.gov, which will contain all of the following information at a minimum.

Additional information may be required by the program or project and must be provided upon request, without any additional charge to TCEQ.

6.1.1 Test Results

6.1.1.1 Test Report Title

6.1.1.2 TCEQ Unique Report ID (TCEQ Sample ID #

and/or TCEQ COC #)

6.1.1.3 Laboratory Name, address, phone number, and

contact person

6.1.1.4 Location where the tests were carried out, if

different from the address of the laboratory

6.1.1.5 Unique Identification Number of the Test Report

on each page to ensure the page is recognized as

TEXAS COMMISSION ON

ENVIRONMENTAL QUALITY

Page 31 of 105 Request for Proposals (RFP) part of the test report and clear identification of the end of the test report, e.g., the total number of pages may be listed on the first page of the report if the subsequent pages are identified by the unique report identification number or consecutive page numbers or each page is identified with the unique report identification and the pages are identified as a number of the total report pages…