ESBD_File_353509_RFP 24-1345 Laboratory Sampling and Analytical Services.pdf

RFP No. 24-1345 Laboratory Sampling and Analytical Services

Brazos River Authority

Request for Proposals for Professional Services

3/12/2024 RFP No. 24-1345

Dear Prospective Respondent:

Statements of Qualifications hereafter referred to Request for Proposals (RFP or Proposal(s)) will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, April 11, 2024 for Laboratory Sampling and Analytical Services. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit proposals in response to this request.

Proposals must be submitted and received no later than the due date and time specified. Any Proposal received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Proposals.

Refer to Section 15. Delivery of Proposal Submittals for instructions on submitting a response to this solicitation.

Proposal must be clearly identified as follows on the outside of the sealed physical submission or the electronic submission subject line. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening:

RFP TITLE: Laboratory Sampling and Analytical Services

RFP NO: 24-1345

RFP DUE DATE: 10:00 AM, Thursday, April 11, 2024

The BRA shall have the right to accept or reject any or all Proposals, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant, health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. PROPOSAL SUBMISSION: Proposals must be received no later than the Proposal opening date and time specified above. All Proposals received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit them to operate in the State of Texas.

B. Proposals must be emailed, mailed or hand delivered to be considered.

2. WITHDRAWAL OF PROPOSALS: No Proposal may be withdrawn for a period of ninety (90) days after Proposal opening, except by: 1) mutual consent of the BRA and Respondent; or 2) a previously submitted Proposals may be withdrawn upon written request received from Respondent prior to time established for receipt of Proposals.

3. SIGNATURE ON PROPOSALS: To be valid, Proposals must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of Services embodied in this Request for Proposal.

4. EXAMINATION OF PROPOSAL DOCUMENTS: Before submitting a Proposal, all Respondents shall examine the complete Proposal documents, including Proposal Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Proposal documents.

5. ADDENDA: Unless otherwise stated in the Proposal, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Proposal period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Proposal documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Proposal documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by the Respondent.

Any questions concerning this Proposal should be emailed to Victor Venegas Purchasing Agent no later than five (5) days prior to the opening of the Proposal at submissions@brazos.org. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Proposal, Addenda will be posted on the BRA web site at www.brazos.org, Doing Business, Purchasing and Professional Services, Request for Proposals.

Respondent is responsible for checking the BRA web site (www.brazos.org) for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Proposal.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Proposal.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Services contemplated herein.

Conditional Proposals will not be accepted.

8. CONSIDERATION OF PROPOSALS: Unless stated otherwise in the Advertisement or Request for Proposal, the properly identified Proposals received on time will be opened publicly and only the names of the Respondent will be read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. DEVIATION FROM SCOPE OF SERVICES: All deviations from the scope of services must be noted in detail by the Respondent, in writing, at the time of submittal of the formal Proposal. The absence of a written list of deviations at the time of submittal of the Proposal will be considered acceptance of the Scope of Services as written.

Any deviations from the Scope of Services as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or item when delivered.

In case of ambiguity or lack of clarity, the BRA reserves the right to consider the most advantageous Proposal or reject the Proposal.

11. REPRESENTATIONS: By execution and submission of this Proposal, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Proposal Documents and this Proposal is made in accordance with the Proposal Documents.

12. INDEMNIFICATION:

THE RESPONDENT SHALL COMPLY WITH THE REQUIREMENTS

OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND

SHALL EXONERATE, INDEMNIFY AND HOLD HARMLESS THE

BRA FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING

FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

mailto:submissions@brazos.org

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. CRITERIA FOR AWARD: The BRA will select the most highly qualified Respondent on the basis of demonstrated competence and qualifications and then attempt to negotiate with that Respondent a contract at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified Respondent, the BRA will select the next most highly qualified Respondent and attempt to negotiate a contract with that Respondent at a fair and reasonable price.

14. TERMINATION: The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions.

The BRA shall pay the Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

15. CHANGE OF CONTRACT PRICE:

The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Respondent.

16. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of Services and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only, i.e., $ .XX.

The BRA has set a goal to have as much paperwork submitted electronically. Respondents are asked to submit invoices electronically to the following Accounts Payable email address:

accounts.payable@brazos.org. Respondents who use the electronic service should not mail the original invoice.

17. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Proposal to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire Proposal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Proposal that the Respondent considers to be confidential pursuant to the PIA should be marked. IF

AN ENTIRE PROPOSAL IS MARKED CONFIDENTIAL, THE BRA

WILL NOT TREAT ANY PORTION OF THE PROPOSAL AS

CONFIDENTIAL AND THE PROPOSAL MAY BE REJECTED AS

NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Proposal may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Proposal that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Proposals or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

18. NO PRICE: The selection of the Selected Respondent under this RFP shall be in accordance with Chapter 2254 of the Texas Local Government Code. Do not include any price information within the submittal. Any submittal containing any price information will be automatically disqualified.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 4 of 21

REQUEST FOR PROPOSALS

LABORATORY SAMPLING AND ANALYTICAL SERVICES

RFP NO. 24-1345

SUBMITTAL SCHEDULE

Proposals are posted on the BRA website and prospective Respondents should check www.brazos.org> Doing Business>, Purchasing & Professional Services>, Request for Proposals for potential updates to Proposal requirements.

Tuesday, March 12, 2024

RFP is available to download from the BRA website at http://www.brazos.org/Doing- Business/Purchasing-Professional- Services/Request-for-Proposals, and click on “View this RFP”.

4:00 PM, Friday, March 29, 2024 Last date and time to ask questions or request additional information. Email questions to submissions@brazos.org.

4:00 PM, Friday, April 5, 2024

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on the BRA website – www.brazos.org/ Doing Business/Purchasing and Professional Services/Request for Proposals.

10:00 AM, Thursday, April 11, 2024

Proposals are due.

11:00 AM Thursday, April 11, 2024 Proposals will be opened virtually at the link below……………………………..

http://www.brazos.org/

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 5 of 21

1. General The BRA is currently requesting proposals from laboratories who are accredited by the National Environmental Laboratory Accreditation Program (“NELAP”) through the State of Texas to provide professional, accurate, timely, and defensible laboratory analysis and sampling services to support compliance with site-specific Industrial Pretreatment Programs (“IPPs”). Services will be required for the routine analysis of influent, effluent, and/or industrial effluent samples for a variety of analytes provided in “Exhibit A”. Locations to be serviced include four (4) municipal wastewater treatment plants and fourteen (14) Industrial Users (IUs) for compliance with Texas Pollutant Discharge Elimination System (“TPDES”) Permits, and federal, state, and local Industrial Pretreatment requirements provided in “Exhibit B”.

2. Scope of Services TPDES permits and municipal IPPs at BRA operated wastewater treatment plants in the Temple, Belton, and Sugarland areas and IUs in the Temple and Belton area require analytical and sampling laboratory services. Selected laboratory shall sample and perform analytical services for specific parameters listed in “Exhibit A” and “Exhibit B”.

A detailed scope of services will be developed in conjunction with the negotiation of a cost reimbursable contract between the BRA and the selected laboratory or laboratories. The anticipated services are summarized below in general, non-exclusive terms.

(1) Sample Analysis - A list of the routine analyses which may be required is included below.

The quantity of samples, volumes, and/or parameters may undergo adjustment throughout the duration of the contract in response to unsuccessful analysis, modifications in regulatory requirements, modifications to IU or municipal facility inventory, or BRA requests for supplementary analysis.

(2) Sample Collection – In addition to analysis, fourteen (14) IU facilities will require contract laboratory sample collection requiring a combination of 24-hour composite, 4-part grab, and/or 1-part grab sample collection. Specific addresses are shown in “Exhibit B”. Sample collection at referenced Wastewater Treatment facilities will be conducted by BRA personnel.

(3) Accreditations – Under Chapter 30, Section 25.1 of the Texas Administrative Code, all regulatory data submitted to the Texas Commission on Environmental Quality (“TCEQ”) must be prepared by an environmental testing laboratory accredited by TCEQ. Additionally, per 30 TAC §25.9 this accreditation must be based on conformance to the most current standards adopted by NELAP. Laboratory shall be NELAP Accredited for the analyses listed in “Exhibit A”, if accreditation is offered for those parameters by the State of Texas.

Laboratory must provide proof of current NELAP accreditation and fields of analyses covered by the accreditation throughout the contract period. Laboratory must also provide proof of current NELAP accreditation and fields of analyses covered by the accreditation for any sub-contract laboratories. An electronic copy of any new NELAP Certificates of Accreditation and fields of analyses received during contract period by Laboratory or sub-contract laboratories must be submitted to the BRA’s Quality Assurance Officer and Regional Operations Programs Coordinator within 7-business days of receipt.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 6 of 21

(4) Quality Manuals - The NELAP Institute’s 2016 Standard Volume 1, Module 2, Section 4.5.4 requires all laboratories maintain a register of all subcontractors that it uses for tests and/or calibrations and a record of the evidence of compliance with this International Standard (ISO17025) for the work in question. Furthermore, to ensure the BRA meets the evidence of compliance criteria above and to ensure that all data submitted to the TCEQ on the BRA’s behalf is compliant with NELAP standards, the BRA requires that the selected Laboratory(ies) and any subcontractor laboratories submit an electronic copy of their current Quality Manual.

An electronic copy of any amendments or revisions to the Laboratory’s Quality Manual during the contract period must be submitted to the BRA’s Quality Assurance Officer within seven

(7) business days of the effective date.

(5) NELAP Audits and Corrective Action Response - The NELAP Institute’s 2016 Standard

Volume 1, Module 2, Section 4.5.4 requires all laboratories maintain a register of all subcontractors that it uses for tests and/or calibrations and a record of the evidence of compliance with this International Standard (ISO 17025) for the work in question.

Furthermore, to ensure the BRA meets the evidence of compliance criteria above and to ensure that all data submitted to the TCEQ on the BRA’s behalf is compliant with NELAP standards, the BRA requires that selected laboratory(ies) and any subcontractor laboratories submit an electronic copy of their most recent TCEQ NELAP audit and corrective action response. An electronic copy of any audits and responses occurring during contract period must be submitted to the BRA’s Quality Assurance Officer Manager within ten (10) business days of the final resolution of the audit.

(6) Other Documents - Other documents that may be requested of the Laboratory during the contract period include, but are not limited to: Standard Operating Procedures (“SOPs”) and/or signature page for SOPs; recent proficiency test data and any associated corrective actions; Statement of Qualifications; updated list of technical staff and qualifications, when changes occur; and a copy of the Laboratory’s Business Ethics and Data Integrity Plan.

(7) Methods – Laboratory shall perform all analyses using approved Federal (40 CFR §136) and State of Texas analytical methodologies, and sample relevant TPDES and Industrial User permits for items listed in “Exhibit A” as specified by applicable regulation. BRA will provide Laboratory, electronic copies of all relevant TPDES and Industrial User permits, within seven (7) days of contract execution.

Any changes to accredited methods during the contract period will require notification to the BRA, along with proper documentation showing the new approved method.

According to TCEQ and EPA regulation, the BRA requires that all analytical methods used are both EPA (Part 136) approved and TCEQ accredited (lab accredited) if at all possible.

For parameters which TCEQ does not offer accreditation, an EPA approved method must be utilized. In the event that the TCEQ does not offer accreditation for a parameter and EPA does not list an approved method (Part 136) the same parameter, then a TCEQ suggested (RG 194) method is preferred.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 7 of 21

All laboratories, including sub-contracted laboratories, must adhere to the hierarchy below:

REQUIRED (if such methods exist) EPA Approved (40 CFR Part 136) and NELAP/TCEQ Accredited FoAs for Non-Potable/Wastewater

REQUIRED (if above not possible) EPA Approved (40 CFR Part 136)

PREFERRED (if above not possible) NELAP/TCEQ Accredited FoAs for NPW or Suggested (RG 194)

(8) Project Management - Laboratory shall assign a Project Manager to BRA Projects to oversee the delivery of data and ensure that reporting is timely and accurate.

a. Project manager shall confirm the BRA has received all reports within ten (10) days of sample receipt.

b. Project manager shall verify accuracy of reports prior to sending results to the

BRA.

c. Project manager shall notify the designated BRA contact of any Lab Errors resulting in lost data within 24-hours of becoming aware of the Lab Error.

d. Project manager shall notify the designated BRA contact of any abnormal results, improperly preserved samples, mislabeled samples, Chain-of-Custody errors, exceedance of holding times, and samples not received, within 24-hours of becoming aware of the pertinent issue.

e. Project Manager shall submit electronic copies of Corrective Action Reports to the designated BRA contact when analytical deficiencies occur in BRA data. The Corrective Action Report will include the deficiency and the corrective actions taken to prevent future occurrences. The Corrective Action Report is due to the designated BRA contact within thirty (30) days of identification of the deficiency.

(9) Reporting Requirements - All data reports, tables, plans, summaries, and related correspondence shall be submitted electronically, in .pdf format and via electronic data deliverable.

a. Turnaround times for completed data reports will be negotiated but reports are to be sent to the designated BRA contact no more than ten (10) business days after receipt of samples by the laboratory.

b. Reports will include copies chain of custodies and QA/QC documentation.

c. Laboratory reports will include a full report of the results of all tests conducted pursuant to the permits.

d. All raw analytical data (i.e. bench sheet, raw data sheets, etc.) will be maintained by the Laboratory for a minimum of five (5) years and will be provided to the BRA upon request by electronic media and/or hard copy.

(10) Bottles, Labels, Chain-of-Custody, and Other Documentation - Laboratory shall provide all required sample containers complete with required preservatives.

a. For samples collected by BRA personnel, laboratory shall provide pre-printed labels with blank spaces for location, date, time, and sample collector.

b. Laboratory shall provide Chain of Custody forms.

c. Electronic copies of completed Chain of Custody forms will be submitted with data reports.

d. Field Data Sheets (“FDS”) must be submitted with all final data reports, when applicable. Laboratory may use BRA provided FDS or submit comparable FDS documentation for BRA approval. Laboratory provided FDS must be approved prior to use.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 8 of 21

(11) Sample/Materials Transportation and Field Collection

a. For current locations, please refer to “Exhibit B”.

i. If additional facilities are needed, BRA will provide laboratory a 30-day advanced notice.

ii. If an alternative sample delivery or field sample collection is necessitated by activities beyond BRA control, or as a special request, BRA will coordinate logistics with the laboratory as soon as possible.

b. Laboratory shall provide all necessary containers adequate to maintain both sample temperature and integrity during collection and transportation.

c. Transportation of samples from the designated BRA location(s) will be provided by the laboratory and included with analysis cost.

d. It will be the laboratory’s responsibility to ensure sample transportation is conducted in a timely and secure manner to maintain continual compliance with all applicable quality assurance/quality control (“QA/QC”) requirements, such as sample temperature and sample hold time (e.g. Cr6 – 24-hour hold).

(12) Loss of Data - Laboratory shall be responsible for costs incurred due to loss or invalidation of data. Reasons for loss and/or invalidation of data include but are not limited to: mishandling of samples by laboratory or courier during collection and/or transportation, mishandling of samples at the laboratory, incorrect analytical procedures/methods, samples analyzed outside of holding times, incorrect detection limits, or any other event that would cause data to be invalidated by regulatory standards.

a. Laboratory shall contact BRA’s Quality Assurance Officer and Regional Operations Programs Coordinator within 24-hours of knowledge of data loss to schedule another sampling event.

b. Laboratory shall be responsible for any penalties the BRA incurs due to negligence on the part of the Laboratory.

c. Laboratory shall review BRA generated sampling documentation and notify BRA’s Quality Assurance Officer and Regional Operations Programs Coordinator within 24-hours of sample receipt if any improper sample collection techniques or Chain-of-Custody inadequacies are observed.

3. Information Required in the RFP Submittal - Tab Format

The BRA specifically requests succinct submittals tailored to the general and discipline-specific scopes of services summarized above. Each response should describe in sufficient detail the relevance of the individual team member’s expertise and experience to the specific requirements of the project. All submittals become the property of the BRA. Each submittal shall include the information requested below. Please limit each submittal to no more than XX pages (not including resumes and required forms)

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees; provide number and location of offices.

(2) Provide name, title and office location of person who will be the principal contact for the BRA and the billing location if different.

(3) Describe the types of organizations that your company typically serves and general nature of the work.

(4) A list and description of similar services completed within the last five years under your current company name or any other company name similar in nature to this solicitation.

This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client. List litigation that your company has been a party to in the last five (5) years, under your current company name or any other company name. Include only litigation that involves

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 9 of 21 business units in your company that are proposed for performing services under this

RFP.

(5) List all such litigation involving owners and/or general contractors. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(6) Have you ever defaulted, failed to complete a contract or had a contract terminated by the other party? If so, where and why? Provide name and telephone number of the other party.

Tab B: Include the following:

(1) Clearly identify capability of providing services for: laboratory analytical services, field collection services, or both.

(2) Clearly identify the number of years the Laboratory has been NELAP accredited by TCEQ to provide the services specified in Section 2. Scope of Services (Minimum of 5 yrs.).

(3) Laboratory must provide proof of current NELAP accreditation for the analyses and methods specified in Section 2. Scope of Services, this item may be submitted electronically on a USB-drive included with the response. If a subcontractor is to be utilized, include proof of current NELAP accreditation for the analyses and methods for which the subcontractor will be responsible.

(4) Laboratory must provide a copy of their current Quality Manual and any subcontractor’s Quality Manuals, this item may be submitted electronically on a USB-drive included with the response.

(5) Laboratory must provide a copy of their most recent TCEQ NELAP audit and corrective action response, this item may be submitted electronically on an USB-drive included with the response. If subcontractors are to be utilized, Laboratory must also provide a copy of subcontractor’s most recent TCEQ NELAP audit and corrective action response.

(6) Laboratory must provide the successful analysis completion rate and the percentage of qualified (flagged) data reported for the previous 3 years. Please include description of your calculation variables for ease of review.

(7) Provide the location, size and description of the Laboratory and services offered at the location. If subcontractors are to be utilized, provide same information for each.

(8) Provide a description of the Laboratory’s ability to meet projected workloads and turnaround times for this project according to Section 2.8 and 2.9 requirements.

(9) Clearly identify the name, title, address, phone number and e-mail address of the individual who will serve as Project Manager for this Contract, if different from the point of contact identified in 3.A.2.

(10) A summary of technical abilities of the proposed team members that will be utilized by the Laboratory for completing the types of services listed above and their personal experience qualifying them for this project and their role. BRA prefers that the key personnel have the following level of experience:

a. Laboratory Director and/or Manager – The proposed Laboratory Director/Manager shall at a minimum have demonstrated 10 years of continuously progressive experience in wastewater analysis oversight and laboratory operations.

b. Project Manager - The proposed Project Manager, if different from the Laboratory Director and/or Manager, shall at minimum have demonstrated 5 years of continuously progressive experience in project management of wastewater analysis programs, and have overseen at least 10 similar monitoring projects in the last 5 years.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 10 of 21

c. Quality Assurance Manager - The proposed Quality Assurance Manager shall at a minimum have demonstrated 5 years of continuously progressive experience in wastewater analysis and quality assurance, and have maintained data quality assurance protocols on at least 10 similar projects in the last 5 years.

d. Provide a resume for each team member identified above. Resume may be submitted electronically on an USB-drive included with the response.

Resumes should include the following information:

i. Name and Title

ii. Academic degree(s), if applicable, including name of school and discipline

iii. Work history for the most recent ten (10) years

(11) Include a sample data report with quality control data from an actual customer (identifying information may be blacked out). Sample data report may be submitted electronically on an USB-drive included with the response.

Tab C: Include the following:

(1) Complete and submit the attached W-9 form, or if foreign entity submit the appropriate tax document information.

(2) Complete and submit the attached “Conflicts of Interest Questionnaire [CIQ]” form.

(3) Complete and submit the “Acknowledgment of Request for Proposals and Receipt of

Addenda” form. Respondent is required to complete, sign and submit this form with Respondent’s Proposal. Failure to complete, sign and submit this form with Respondent’s Proposal will disqualify the entire Proposal as non-responsive.

(4) HUB Subcontracting Plan

4. RFP Inquiries All inquiries, including clarifying questions, related to this RFP shall only be directed to the Purchasing Agent via e-mail to submissions@brazos.org . The Purchasing Agent will direct any inquiries to the appropriate BRA staff, a response will be issued and if warranted, an Addendum will be posted on the BRA’s website at www.brazos.org. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Proposal.

5. Hub Subcontracting Plan This solicitation requires a HUB Subcontracting Plan to be completed and submitted. The HUB Subcontracting Plan is attached to this solicitation. If you have any questions regarding the HUB Subcontracting Plan please contact David Thompson, HUB Coordinator at David.Thompson@Brazos.org.

6. Hub Subcontracting Plan Instructions (If Self Performing HUB and no Subcontractors) If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

Section 1 - Respondent and Requisition Information

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 – Affirmation (Remember to sign Section 4)

If you are subcontracting any work please follow the instructions on the HUB Subcontracting Plan Checklist, first page of the HUB Plan included in this solicitation.

http://www.brazos.org/ mailto:David.Thompson@Brazos.org

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 11 of 21

7. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to:

the Comptroller of Public Accounts Statewide Procurement Division Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA, and any negative findings, as determined by BRA, may result in non-award to Respondent.

8. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date the person begins contract discussions or negotiations with the BRA, or submits an application or response to a Request for Proposals, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

9. Disclosure of Interested Parties Pursuant to Section 2252.908 of the Government Code, the selected Firm in contracts for the sale or purchase of property, goods, or services with a local government entity (i.e., BRA) anticipated to have a value of at least $250,000/$500,000 must submit a Disclosure of Interested Parties Form to the local government entity that discloses all persons at the Selected Firm who have a controlling interest in the selected Firm or who actively participated in facilitating the contract or negotiating the terms of the contract.

The requirements of Section 2252.908 of the Government Code are subject to change, and if you have any questions about compliance, please consult your own legal counsel.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

10. Term of Agreement The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one (1) year periods, for a total potential term of five (5) years.

11. Selection Process Proposals will be evaluated and scored based on the factors listed below.

1. Functionality to Specifications

2. Audit Performance History

3. Analytical Statistics/Data Completion Rates https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 12 of 21

4. Last two (2) Proficiency Testing Reports for all parameters listed in Exhibit A – Required Wastewater Parameters.

5. Plan/capabilities to service locations defined in Exhibit B – Required Locations.

6. References

12. Contract The executed contract between BRA and the selected Respondent shall be a BRA standard form contract for Professional Services. Contract terms are not subject to modification and Respondent will be expected to execute the contract in substantially the form provided. Respondent should not base a proposal on an expectation that BRA will modify its contract terms.

Compensation for services provided under the professional services contract to be entered into with the selected Firm will be based on time and materials up to a total mutually agreeable not-to-exceed amount. Individual tasks under the contract will also be billed on a time and material basis up to a not-to-exceed amount for such task.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a proposal confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final. BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

13. Insurance Requirements The Respondent shall, at Respondent’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Respondent must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Professional Liability:

$ 1,000,000 per occurrence

Workers’ Compensation:

Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability

$ 1,000,000 policy limit

Pollution Liability

$ 1,000,000 per claim / aggregate

Prior to commencement of work under this agreement, Respondent shall register with myCOItracking.com and subsequently provide documentation that satisfies the insurance requirements of this agreement. Respondent shall add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to it's safe sender's list for necessary communication from myCOI. For any registration difficulties, call myCOItracking support team at (317) 759-9426.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 13 of 21

14. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

15. Delivery of Proposal Submittals Proposals may be submitted in one of the following manners:

Electronic Transmission. Email transmission to submissions@brazos.org. Emailed proposal submissions shall be an attachment, in a Portable Document Format (PDF). Proposals shall be clearly identified in the Subject Line as follows: RFP Title, RFP Number and RFP Due Date. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

Drop Box Submission Prior to Proposal Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the proposal submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX. 76710, utilizing the secure drop box located near of the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the proposal submission deadline contained in the solicitation at the Brazos River Authority 4600 Cobbs Drive, Waco, TX. 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 14 of 21

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR PROPOSALS

AND ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT

WITH YOUR PROPOSAL. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL

DISQUALIFY THE PROPOSAL AS NON-RESPONSIVE. SIGNATURE MAY BE DIGITAL,

ELECTRONIC OR HAND WRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS:

Respondent hereby acknowledges that it has received and read the Request for Proposals and all Addenda, and that this Proposal is made in accordance with the provisions thereof.

Respondent acknowledges that this Proposal meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Proposals and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Proposal.

Does your company have ten (10) or more full time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone Number

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 15 of 21

EXHIBIT A – REQUIRED WASTEWATER PARAMETERS

40 CFR Part 122, Appendix D, Table II

Volatile Compounds CAS Name CAS Name 107-02-8 Acrolein 78-87-5 1, 2-Dichloropropane 107-13-1 Acrylonitrile 542-75-6 1, 3-Dichloropropylene 71-43-2 Benzene 100-41-4 Ethyl benzene 75-25-2 Bromoform 74-83-9 Methyl Bromide 56-23-5 Carbon Tetrachloride 74-87-3 Methyl Chloride 108-90-7 Chlorobenzene 75-09-2 Methylene Chloride 124-48-1 Chlorodibromomethane 79-34-5 1, 1, 2, 2-Tetrachloroethane 75-00-3 Chloroethane 127-18-4 Tetrachloroethylene 110-75-8 2-Chloroethylvinyl Ether 108-88-3 Toluene 67-66-3 Chloroform 156-60-5 1, 2-Trans-Dichloroethylene 124-48-1 Dichlorobromomethane 71-55-6 1, 1, 1-Trichloroethane 75-34-3 1, 1-Dichloroethane 79-00-5 1, 1, 2-Trichloroethane 107-06-2 1, 2-Dichloroethane 79-01-6 Trichloroethylene 75-35-4 1, 1-Dichloroethylene 75-01-4 Vinyl Chloride

Acid Compounds

95-57-8 2-Chlorophenol 100-02-7 4-Nitrophenol 120-83-2 2, 4-Dichlorophenol 59-50-7 P-Chloro-m-cresol 105-67-9 2, 4-Dimethylphenol 87-86-5 Pentachlorophenol 534-52-1 4, 6-Dinitro-o-Cresol 108-95-2 Phenol 51-28-5 2, 4-Dinitrophenol 88-06-2 2, 4, 6-Trichlorophenol 88-75-5 2-Nitrophenol

Base / Neutral Compounds (Semi-Volatiles)

83-32-9 Acenaphthene 84-66-2 Diethyl Phthalate 208-96-8 Acenaphthylene 131-11-3 Dimethyl Phthalate 120-12-7 Anthracene 84-74-2 Di-n-Butyl Phthalate 92-87-5 Benzidine 121-14-2 2, 4 - Dinitrotoluene 56-55-3 Benzo(a)Anthracene 606-20-2 2, 6 - Dinitrotoluene 50-32-8 Benzo(a)Pyrene 117-84-0 Di-n-Octyl Phthalate 205-99-2 Benzo(b)fluoranthene 122-66-7 1, 2-Diphenyl Hydrazine 191-24-2 Benzo(ghi)Perylene 206-44-0 Fluoranthene 207-08-9 Benzo(k)Fluoranthene 86-73-7 Fluorene 111-91-1 Bis(2-Chloroethoxy) Methane 118-74-1 Hexachlorobenzene 111-44-4 Bis(2-Chloroethyl)Ether 87-68-3 Hexachlorobutadiene 108-60-1 Bis(2-Chloroisopropyl)Ether 77-47-4 Hexachloro-cyclopentadiene

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 16 of 21

117-81-7 Bis(2-Ethylhexyl)Phthalate 67-72-1 Hexachloroethane 101-55-3 4-Bromophenyl Phenyl Ether 193-39-5 Indeno(1, 2, 3-cd)pyrene 85-68-7 Butylbenzyl Phthalate 78-59-1 Isophorone 91-58-7 2-Chloronaphthalene 91-20-3 Naphthalene 7005-72-3 4-Chlorophenyl Phenyl Ether 98-95-3 Nitrobenzene 218-01-9 Chrysene 62-75-9 N-Nitrosodimethylamine 53-70-3 Dibenzo(a, h) Anthracene 621-64-7 N-Nitrosodi-n-Propylamine 95-50-1 1, 2 - Dichlorobenzene 86-30-6 N-Nitrosodiphenylamine 541-73-1 1, 3 - Dichlorobenzene 85-01-8 Phenanthrene 106-46-7 1, 4 - Dichlorobenzene 129-00-0 Pyrene 91-94-1 3, 3 - Dichlorobenzidine 120-82-1 1, 2, 4-Trichlorobenzene

Pesticides

309-00-2 Aldrin 72-20-8 Endrin 319-84-6 Alpha-BHC 7421-93-4 Endrin Aldehyde 319-85-7 beta-BHC 76-44-8 Heptachlor 58-89-9 gamma-BHC 1024-57-3 Heptachlor Epoxide 319-86-8 delta-BHC 53469-21-9 PCB-1242 57-74-9 Chlordane 11097-69-1 PCB-1254

50-29-3 4, 4-DDT 11104-28-2 PCB-1221

72-55-9 4, 4-DDE 11141-16-5 PCB-1232

72-54-8 4, 4-DDD 12672-29-6 PCB-1248

60-57-1 Dieldrin 11096-82-5 PCB-1260 959-98-8 alpha-Endosulfan 12674-11-2 PCB-1016 33213-65-9 beta-Endosulfan N/A PCB-polychlorinated biphenyls (Total) 1031-07-8 Endosulfan Sulfate 8001-35-2 Toxaphene

40 CFR Part 122, Appendix D, Table III

Metals, Cyanide, Phenols

7440-36-0 Antimony 7439-97-6 Mercury, Low Level 7440-38-2 Arsenic 7440-02-0 Nickel 7440-41-7 Beryllium 7782-49-2 Selenium 7440-43-9 Cadmium 7440-22-4 Silver 7440-47-3 Chromium, Total 7440-28-0 Thallium 18540-29-9 Chromium, Hex 7440-66-6 Zinc 16065-83-1 Chromium, Tri N/A Cyanide, Total 7440-50-8 Copper 57-12-5 Cyanide, Available 7439-92-1 Lead N/A Phenols, Total

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 17 of 21

40 CFR Part 122, Appendix D, Table V

Hazardous Substances CAS Name N/A Asbestos

Toxic Pollutants

75-07-0 Acetaldehyde 115-32-2 Kelthane (Dicofol) 107-18-6 Allyl alcohol 143-50-0 Kepone (Chlordecone) 107-05-1 Allyl chloride 121-75-5 Malathion 628-63-7 Amyl acetate 2032-65-7 Mercaptodimethur (Methiocarb) 62-53-3 Aniline 72-43-5 Methoxychlor 100-47-0 Benzonitrile 74-93-1 Methyl mercaptan 100-44-7 Benzyl chloride 80-62-6 Methyl methacrylate 123-86-4 Butyl acetate 298-00-0 Methyl parathion 109-73-9 Butylamine 7786-34-7 Mevinphos 133-06-2 Captan 315-18-4 Mexacarbate 63-25-2 Carbaryl 75-04-7 Monoethyl amine (ethylamine) 1563-66-2 Carbofuran 74-89-5 Monomethyl amine (methylamine) 75-15-0 Carbon disulfide 300-76-5 Naled 2921-88-2 Chlorpyrifos 1338-24-5 Napthenic acid(s) 56-72-4 Coumaphos 1321-12-6 Nitrotoluene 1319-77-3 Cresol 25154-52-3 Nonylphenol 4170-30-3 Crotonaldehyde 56-38-2 Parathion 110-82-7 Cyclohexane N/A Phenolsulfanate (phenolsulfonate ion) 94-75-7 2,4-D 75-44-5 Phosgene 333-41-5 Diazinon 2312-35-8 Propargite 1918-00-9 Dicamba 75-56-9 Propylene oxide 1194-65-6 Dichlobenil 8003-34-7 Pyrethrins 117-80-6 Dichlone 91-22-5 Quinoline

75-99-0 2,2-Dichloropropionic acid (Dalapon) 108-46-3 Resorcinol

62-73-7 Dichlorvos 7440-24-6 Strontium 109-89-7 Diethyl amine 57-24-9 Strychnine 124-40-3 Dimethyl amine 100-42-5 Styrene

52154-54-5 Dinitrobenzene 93-76-5 2,4,5-T (2,4,5-Trichlorophenoxy acetic acid)

2764-72-9 Diquat 72-54-8 TDE (Tetrachlorodiphenylethane) (p,p'-DDD)

298-04-4 Disulfoton 93-72-1 2,4,5-TP [2-(2,4,5-Trichlorophenoxy) propanoic acid] (Silvex)

330-54-1 Diuron 52-68-6 Trichlorofan 106-89-8 Epichlorohydrin 27323-41-7 Triethanolamine dodecylbenzenesulfonate

563-12-2 Ethion 121-44-8 Triethylamine

RFP No. 24-1345 Laboratory Sampling and Analytical Services Page 18 of 21

107-15-3 Ethylene diamine 75-50-3 Trimethylamine 106-93-4 Ethylene dibromide 7440-61-1 Uranium 50-00-0 Formaldehyde 7440-62-2 Vanadium 98-01-1 Furfural 108-05-4 Vinyl acetate 86-50-0 Guthion…