Final_RFB_758_2500000674_1_SO_FORM.PDF

Document ID: RFB 758 2500000674 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: Environmental Lab Services

Date Issued:

06/17/2025 Record Date:

06/17/2025

Solicitation Closes Date:

07/11/2025 Time:

13:30

Solicitation No:

RFB 758 2500000674

Online Bidding Prohibited: No For Information Call:

Lisa Perry 502-564-0983

Bid Receiving Location:

Bid Receiving

See Terms & Conditions for Bid Submission Instructions

Other KY

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFB 758 2500000674 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Environmental Lab Services

Comm Code Comm Description Manufacturer Model # Manuf Part #

926 ENVIRONMENTAL AND ECOLOGICAL

SERVICES

Extended Description

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information Various Billing

See Extended Description

Various KY

Document ID: RFB 758 2500000674 Page: 3

Submission Checklist

The following items will be required to be submitted with bid:

Item

ELECTRONIC BID SUBMISSION

Bid responses shall be received by electronic submission in the eProcurement system.

An electronic bid shall be authorized by the proper agent of the firm by the act of submitting it electronically through the eProcurement system.

Bid information MUST be completed online. Response must contain all required information for the Solicitation. A separate Bid Sheet is attached and must be included with the response.

Bidders MUST enter $.01 in the Unit Price field as the electronic bid. This is the ONLY pricing that is to be entered electronically. All actual pricing must be on the Bid Sheet.

All bidders MUST be registered in the Commonwealth eProcurement System via the Vendor Self Service System at https://vss.ky.gov

Allow 24 – 48 hours to complete Vendor Registration. Vendors must be logged in to their Vendor Self Service (VSS) account in order to submit a response. Registrations completed the day of bid closing must be completed by the Vendor in the VSS portal. The Customer Resource Center is not able to complete registrations and activate accounts on the same day. Closing dates will not be extended for Vendors not registered by the date/time of the bid closing. Vendor Self Service Registration Guides are provided at https://vss.ky.gov

All bidders are cautioned to begin their electronic submission in sufficient time to complete before the closing date and time. Delays due to technical difficulties or document upload impediments shall not be justification for acceptance of a late bid or proposal. Vendor attention to this advisory is encouraged. If you need assistance, please contact the Customer Resource Center (CRC) by email at Finance.CRCGroup@ky.gov or phone 502-564-9641 or toll-free 877-973-HELP (4357).

Online bid responses must be in an “Accepted” status and shall be assigned a date and time stamp from the eProcurement system at the time of final acceptance and formal submission by the vendor.

The system will not allow submission of an online response after the published date and time for closing.

An offer may be modified or withdrawn by electronic or written notice ONLY if received prior to the bid closing date and time. An electronic offer may be modified by applying the appropriate electronic signature and following the procedure in the state’s eProcurement signature.

The following items MUST be submitted prior to award:

_____REVENUE FORM 10A100 KENTUCKY TAX REGISTRATION APPLICATION

(see Section 35)

_____CERTIFICATE OF AUTHORITY – REGISTRATION WITH SECRETARY OF STATE

BY A FOREIGN ENTITY (see Section 37)

_____REQUIRED AFFIDAVIT(S)

https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required %20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

_____EEO FORMS IF APPLICABLE (see Section 32)

Document Phase Document Description Page 4

2500000674 Final Environmental Lab Services Total Pages: 51 https://vss.ky.gov https://vss.ky.gov mailto:Finance.CRCGroup@ky.gov https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf https://finance.ky.gov/office-of-the-secretary/FinanceForms/Annual%20Required%20Affidavit%20for%20Bidders%20Offerors%20and%20Contractors.pdf

Request for Bid (RFB)

For Environmental Lab Services

RFB 758 2500000674

Issued by The Finance and Administration Cabinet

On Behalf Of All State Agencies

Release Date: June 17, 2025 Vendors’ Written Questions Due: June 25, 2025 12:00 Noon EST Commonwealth’s Response to Written Questions: June 27, 2025

CLOSING DATE AND TIME: July 11, 2025 @ 1:30pm EST

Commonwealth Buyer:

Lisa Perry

COMMONWEALTH OF KENTUCKY

FINANCE AND ADMINISTRATION CABINET

Office of Procurement Services

200 MERO STREET, 5TH FLOOR

FRANKFORT KY 40622

(502) 564-0983

LisaK.Perry@ky.gov

BID READINGS

Any person wishing to hear a bid reading may call the OPS conference line at 844-603-5060, Conference ID number 240522005, and Participant Code 33957, at 3:30pm, ET on the bid closing date.

PLEASE READ THIS SOLICITATION AND ITS INSTRUCTIONS IN ITS ENTIRETY.

This is a Request for Bid (RFB).

Vendors shall comply with the terms and conditions stated in the solicitation.

Any efforts to negotiate these terms and conditions SHALL NOT be accepted and SHALL cause the bid to be deemed non-responsive.

All proposed pricing shall remain valid for a minimum of sixty (60) calendar days after the bid due date.

This Contract shall be awarded as Group All. Vendors shall bid all line items, otherwise bid shall be deemed non-responsive.

Vendors should review and comply with the general bidding requirements listed under “Procurement Laws, Preference, Regulations and Policies” and “Response to Solicitation” located on the eProcurement Web page at https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx and https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx respectively The vendor must comply with all applicable statutes, regulations and policies related to this procurement.

Document Phase Document Description Page 5 mailto:stephanier.williams@mail.state.ky.us https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/procurement-laws-regulations-and-policies.aspx https://finance.ky.gov/eProcurement/Pages/doing-business-with-the-commonwealth.aspx

Solicitation

Terms and Conditions

Master Agreement

Section 1 Scope of Contract The Office of Procurement Services issues this solicitation to establish a Master Agreement for:

Environmental Laboratory Services, Non-Rad Sample Testing, and Dioxin Testing by EPA Method 1613.

Section 2 Bid Specifications

A. ENVIRONMENTAL LABORATORY SERVICES

These specifications describe laboratory testing needed to support environmental site evaluations, waste evaluations and monitoring required by environmental permits held by the Transportation Cabinet. These requirements emanate from Federal and State statutes administered by USEPA and the Kentucky Department for Environmental Protection (DEP).

Test Procedures For analyses conducted for compliance with the KPDES Permits held by the Cabinet, the procedures shall be in accordance with 40 CFR 136. For analysis of samples for compliance with Resource Conservation and Recovery Act (RCRA), the analysis will be in accordance with SW

846. The bidder shall provide a list of primary and, when appropriate, alternate methods that will be employed for each parameter or test specified in the bid document as a part of the bid submission.

Quality Assurance/Quality Control The contractor shall have an effective quality assurance / quality control (QA/QC) program to ensure reported results are within acceptable reliability standards. If requested, a copy of the QA/ QC plan(s) shall be provided to the Cabinet.

The contractor shall be participating in USEPA's Water Pollution Performance Program (WP) and the Water Supply Performance Evaluation Program (WS). The QA/QC data shall be evaluated in an inorganic and an organic group. For each analyte group employed under this contract, the laboratory(s) shall have at least two years audit data and a performance score of 80 percent or higher. For the inorganic group, all analytes to be performed under the proposed contract shall have QA/QC performance data. Current certification for bacteriology and asbestos is required. For the volatile organics group, the laboratory shall have data for both volatile and halogenated volatile organics. For the other organics group, the laboratory shall have performance data for each of the sub-groups; semi-volatiles, organochlorine pesticides, Phenoxyacetic acid herbicides, and PCB’s. Sub- contract or satellite laboratories may be used for any of the following: asbestos, the inorganics group, a sub-group of the inorganics group, the volatile organics group, the other organics group, or a sub-group of any of the four analyte classes in the other organics group. Parameters for the wastewater shall be analyzed in one laboratory. The contractor shall complete the QA/QC audit form and submit it with the bid.

Subsequent to the award of this contract, performance reports and QA/QC audit forms pertaining to analyte groups, bacteriological certification or asbestos certification covered under this contract are to be provided to the Cabinet by the laboratory within thirty (30) days of their

Document Phase Document Description Page 6 receipt from the auditing or certifying agency. Annual renewal of this contract is contingent upon maintaining the 80 percent performance criteria for each group of analytes, bacteriological certification and asbestos certification. The laboratory shall have no more than two failures for each analyte or organics analyte class. Failure to correctly identify an analyte or organics analyte class in the third attempt shall be cause for the Cabinet to require the contractor to obtain a qualified service. This requirement also applies to any laboratory performing work as a satellite or under sub-contract.

Requests to change (add a laboratory to this contract or add an analyte group from a laboratory currently performing work under this contract) will be accompanied with a QA/QC audit form for the analyte group(s), bacteriological certification or asbestos certification to be considered.

A minimum of two comprehensive audit samples will be required in this data. There shall be at least six months and no more than two years between the two audit samples to be considered. All audit samples evaluated by the laboratory to be considered relevant to the analyze group(s) shall be included in the submission.

When multiple laboratories are used to perform work under this contract the above standards and documentation are required for each laboratory. Satellite or sub-contract laboratories may be used for the inorganic group, a subset of the inorganic group, the volatile organic group, the other organic group, or asbestos. If a laboratory is to perform analysis of less than the complete inorganics group, that laboratories summary of WP and WS audit information for this contract shall reflect only analytes to be processed under this contract. Laboratories to be used as satellite or sub-contract will be identified and a QA/QC audit form shall be completed for each and submitted with the bid. The use of satellite or sub-contract laboratories must include provisions to maintain required sample preservation, to accomplish analytical work within required holding times and report results as required by these specifications. The primary contractor will be responsible to coordinate distribution of samples, track progress of analysis and reporting for all samples analyzed under this contract ALL PAYMENTS WILL BE MADE TO THE PRIMARY CONTRACTOR. Laboratories to be used as a sub-contract will be identified and a QA/QC audit form shall be completed for each and submitted with the bid. Waste evaluation and determinations when requested by Transportation Cabinet personnel, the contractor shall provide guidance regarding analyses needed for wastes and waste waters. For solid or liquid wastes, the Cabinet must determine if a waste is acceptable for management as an RCRA non-hazardous waste or must be managed as an RCRA hazardous waste. In the case of a wastewater proposed for discharge to a municipal wastewater treatment system, the guidance needed is to be relative to requirements of the municipality. This guidance will be based on the Cabinets submission of information to the contractor that describes the source and type of materials in the waste, MSDS data sheets as appropriate, and appropriate information relating to solid waste or municipal wastewater authorities. The contractor is expected to recommend analytical testing, if any, needed to complete a waste determination or approval for disposal or discharge.

The contractor shall assist the Cabinet with the making of waste determinations. This task will include the interpretation of the results of analytical testing performed under this contract as well as waste background information provided to the contractor by the Cabinet.

The contractor shall advise the Cabinet of the individual or individuals who will provide assistance under this section. The education, experience and other appropriate qualifications of these individuals to make the necessary evaluations will be provided to the Cabinet with the bid documents. The Cabinet shall be provided documentation showing any changes in these qualifications or individuals that may affect these evaluations and determinations during the term of this contract.

There shall be no additional pay for services related to this section (IV) of the contract.

Sample Containers and Shipping The contractor shall provide, at no additional cost, all containers for samples to be delivered to the laboratory, preservatives, tags or labels, and chain of custody forms for all samples to be analyzed under this contract. Devices to sample liquid wastes in barrels are included in this provision. Containers that are cleaned and re-used shall have previous sample markings removed to preclude misidentification and provide a usable surface for sample identification. The cost

Document Phase Document Description Page 7 of providing these supplies and shipping or delivering them to the using district or office shall be included in the proposal price of the tests. Supplies for sampling within a district are to be delivered to each District Office unless otherwise directed by the District. No extra pay will be made for these supplies or their delivery to the Cabinet.

Shipping containers are to be provided for the transport of samples to be analyzed under this contract. These containers shall be of rugged design to withstand normal wear and tear of shipment. They shall have adequate thermal efficiency to retain samples at proper temperature when provided ice or equivalent coolant while in transit. The contract has a bid item to allow for the payment for losses of these containers or purchase of containers to be retained by the Cabinet. The shipping containers will remain the property of the contractor unless they are paid for under this provision of the contract. Shipping containers shall be uniquely marked to allow for tracking and accounting under this contract. The “large” shipping container shall be equivalent to a Coleman @ model 5281 or 5283 picnic cooler. The “small” shipping container shall be equivalent to a Coleman 6 model 5272 picnic cooler.

Sample containers are to be shipped to each district once each quarter to be on hand at least two weeks prior to the start of regular sampling periods. Supplemental sample containers are to be shipped within one working day of being requested.

Sample Collection by Contract Laboratory Personnel The Cabinet may require the services of qualified personnel to obtain representative samples of wastes, contaminated soils and wastewater. This is not expected to be a routine service. The service is for the occasional collection of wastes and wastewater, which is beyond the capability of the Cabinet's personnel. The contractor's personnel shall have appropriate training and equipment as required by OSHA and USEPA for the conduct of this work. The Cabinet is to be notified if the status of personnel qualifications or training related to this activity changes. The level of protection of sampling personnel will vary with the conditions and level of information available to the Cabinet. Sample collection shall be in accordance with 40 CFR 136 approved methods or SW 846 as appropriate. The Office of Environmental Analysis shall approve all requests for the use of the laboratories services as described in this section of this contract.

The one-day sampling trip is for the purpose of traveling to the sampling locations with the necessary personnel and equipment, to provide up to four hours’ time for sampling during the trip, and returning. If additional time is spent on site, there will be no additional payment.

Payment is to be based on each trip within a district. A trip that involves the collection of multiple samples or locations within a district will be billed as one trip. The types of samples that may be encountered include, grab sample(s) of water, wastewater, composite samples of wastewater, ground water from wells, solid or liquid waste for evaluation as RCRA hazardous or non- hazardous waste, grab samples from 55 gallon drums, completely unknown wastes, fuels, solvents, soil samples and samples of waste piles. The contractor will be responsible for delivery of the samples to the laboratory as a part of this service.

Collection of eMuent Samples from Rest Areas The Cabinet continues to operate two rest areas that require the collection of samples of either raw sanitary wastewater or treated sanitary waste- water. The contractor i.e. to sample the wastewater at these locations collecting a 24-hour time composite, collect grab samples and measure field data as required by the permits for each of these facilities. The parameters to be analyzed are: for the 24-hour composite - BOD, TSS, ammonia and nitrogen; and for grab samples - coliform bacteria; and field parameters - pH, temperature, total chlorine and dissolved oxygen. The rest areas each have two locations to be sampled. This item is to cover the necessary travel, equipment, and time needed to collect the samples and make field determinations. It does not include the cost for analysis by laboratory procedures.

Item 1. If the contract is for two 24-hour composite samples to be taken for the Madison County rest area on Interstate 75 between Richmond and Berea Kentucky. There are two sampling locations in the sewer line for this rest area. This rest area is served by a city.

Item 2. If the contract is for two 24-hour composite samples and field data to be taken for the Hardin County rest area on Interstate 65 south of Elizabethtown, Kentucky. There are two

Document Phase Document Description Page 8 discharge points from package wastewater treatment plants to be sampled. Grab samples will be required for coliform bacteria. Field measurements for pH, dissolved oxygen and total chlorine are to be taken.

Analysis for Clean Water Act Compliance This section describes the analysis to be conducted on samples relating to compliance with The Clean Water Act. Unless otherwise noted, all analysis performed on samples in this section will conform to procedures approved pursuant to 40 CFR 136. The bidder is to provide a reference for the primary and acceptable alternative methods to be employed in sample analysis.

Alternate methods are not required, but are to be included if the laboratory may employ them.

The references from which the analytical procedures are taken are to be listed with the bid submission. The Cabinet is to be notified if a different procedure than that listed is to be used at any time during the contract period.

Storm Water Discharges Under KPDES Permit The Cabinet has 133 KPDES storm water permits that require laboratory analysis for compliance. There are 190 storm water discharge points in these permits. The permits require quarterly samples. The Cabinet expects to collect approximately 700 samples each year for storm water compliance testing. The laboratory analysis required for the storm water discharges are Oil and Grease, Total Suspended Solids and Chlorides.

Individual Tests Needed for Specific Water Analysis:

Clean Water Act, Individual Analyses

Parameter Primary Method Alternate Method

3. BETX EPA 624

4. PAH EPA625

5. Oil & Grease — Total EPA 1664A HEM

6. Oil & Grease - Hydrocarbon EPA 1664A HEM-

SGT

7. TPH EPA 1664A HEM- SGT

8. BOD - five day EPA 405.1 SM 20 5210 B

9. COD EPA 410.4 SM 20” 5220 D

10. Total Suspended Solids EPA 160.2 SM 20” 2540 D

11. Total Dissolved Solids EPA 160.1 SM 20” 2540 C

12. Fecal Coliform SM 20” 9222 D

13. Total Coliform SM 20” 9222 B

14. Total Kjeldahl Nitrogen EPA 351.3

15. Nitrate EPA 353.3 EPA 300.0

16. Nitrite Nitrogen EPA 354.1 EPA 300.0

17. Ammonia Nitrogen EPA 350.2

Document Phase Document Description Page 9

18. pH (laboratory) EPA 150.1

19. Phosphate EPA 300.0

20. Chloride EPA 325.3 EPA 300.0

21. Ethylene Glycol SW-846 8015B

22. Individual Total Metal, ICP EPA 200.7

Clean Water Act, Individual analyses , Continued

Parameter Primary Method Alternate Method

23. Individual Total Metal , Graph”8e Furnace

EPA 245.1

24. Total Memury by USEPA method 1631 EEPA 1631E

25. Cyanide EPA 335.2 SM 20” 4500-CN-C

26. Phenols EPA 420.1

27. Sulfide SM 4500S2E

28. PCB & Chlorinated Pesticides EPA 608

29. Volatile Organics EPA 624

30. Semi-volatile Organics EPA 625

31. Total Toxic Organics (TTO) EPA 624,625, 608

RCRA Analysis to be Included in Awarded Contract Analysis to be conducted on samples relating to compliance with the Resource Conservation and Recovery Act (RCRA). All analysis performed on samples in this section will conform to procedures approved pursuant to SW 846.

Individual tests needed for RCRA analyses:

RCRA; Individual analyses for soils and solid wastes

Parameter Primary Method Alternate Method

32. Paint Filter SW-846 9095

33. BETX SW-846 8260B

34. PAH SW-846 8270C

35. TPH EPA 1664 HEM-SGT

36. Flash Point SW-846 1010 Modified

37. Cyanide, total SW-846 901OA

38. Corrosiveness SW-846 9040B

Document Phase Document Description Page 10

39. TCLP, Comprehensive: Metals, Volatile Organics, Semi Volatile Organics

SW846 1311; SW-846

s010B; SW-846 8260B;

SW-846 8270C

40. TCLP (1):

One metal is to be analyzed

SW-846 6010B

41. TCLP (8):

Eight RCRA metals will be analyzed.

SW-846 6010B

42. TCLP Volatile Organics SW-846 8260B

43. TCLP Semi-Volatile Organics SW-846 8270C

44. Total Metals: Eight RCRA Metals will be analyzed.

SW-846 6010B

45. Total Metal (1) One metal is to be analyzed

SW-846 6010B

46. Volatile Organics SW-846 8260B

47. Semi-Volatile Organics SW-846 8270C

RCRA; Individual analyses for soils and solid wastes, Continued Parameter Primary Method Alternate Method

48. PCB’s in waste or soil SW-846 8082

49. PCB's in oil SW-84d 8082

50. Ethylene Glycol ( GC W/FIO Ostector)

SW-846 8015B

51. Diesel Range Organics SW-846 8015B

52. Gasoline Ranse Organics SW-846 8015B

53. Total Halogens SW-846 3550/9020

54. Asbestos CFR PART 762 SUB F

55. GC/MS Semi-volatile Organics scan W/ NIST Library or equal search.

SW-846 8270C, 8081,

56. GC/MS Purge able Volatile Organics scan W/ NIST Library or equal search

SW-846 8260B

Quantities identified in the tables of this section represent estimated known needs. It is herein set forth that the estimated quantities are realistic; however, actual conditions during each quarter as

Document Phase Document Description Page 11 well as permit conditions and occurrences of wastes may alter the number (Increase or decrease) of analyses needed.

Test Reports All test data shall be returned within fourteen (14) calendar days from delivery of the samples to the laboratory. At a minimum, two copies of the reports should be received. A third report is to be provided when requested for billing.

A reference of the procedures utilized and the limits of detection for testing will be reported with the results of all analysis. This information is to be reported for each test result as a part of the report of results for each sample.

The contractor shall maintain a record of the test results from samples analyzed under this contract. If the contractor decides that this record retention is to be discontinued for any reason, the using agencies shall be notified and provided the opportunity to have the data forwarded for its use.

QA/QC Audit Form:

Inorganic Group EPA Laboratory Number:

Laboratory Name Laboratory Location

Anale Accepted Not accepted Analyte Accepted Not accepted

Antimony 5-day BOD

Arsenic COD

Barium Chloride

Beryllium Total Cyanide , Cadmium Bacteriology Certification

Chromium Ammonia Nitrogen

Copper Nitrate Nitrogen

Lead Nitrite Nitrogen

Mercury Kjeldahl Nitrogen

Nickel Total Oil and Grease

Selenium Phosphate

Silver pH

Thallium TSS

Zinc Sulfide

Total:

Document Phase Document Description Page 12

Score, Percent Accepted:

For coliform bacteria and asbestos analysis, provide a copy of the certification. Certification for bacteriological analysis shall be considered as one acceptable analyte. These certifications must be current for the laboratories that are to perform bacteriological or asbestos determinations under this contract.

QA/QC Audit Form

Volatile Organics Group (VOC’s) EPA Laboratory Number:

Laboratory Name Laboratory Location

Analytes Accepted: Analytes Not Accepted:

Scofe, Percent Accepted:

Other Organics Group (Non-VOC's) EPA

Laboratory Number:

Laboratory Name

Laboratory Location

Analyte Class Analytes Accepted Analytes Not Accepted

Semi-volatiles

Organochlorine Pesticides

Phenoxyacetic Acid Herbicides

PCB’s

Totals

Score, Percent Accepted:

Instructions for Completing the QA/OC Audit Forms

The following instructions are to be followed when completing the OA/QC Audit Forms:

Document Phase Document Description Page 13

Do not mix data from multiple laboratories. Separate forms are to be completed for each laboratory to be considered under this contract. This requirement also applies to laboratories owned by one company.

Data from all WP and WS audits conducted in the last two years are to be included. At least two comprehensive audits are required. Any supplemental audit data is to be included.

The WP and WS reports used to complete these forms are to be submitted with the bid. The WP and WS reports to be used are those that include sample number, reported value, true value, acceptable limits, warning limits (when present) and performance evaluation. The WP and WS reports are to be annotated with "I" for inorganic by analytes transcribed on the inorganic group form, "VOC" for the volatile organic analyte groups that are transcribed on the volatile organics group form and "non-VOC" for other volatile organic analyte groups that are transcribed onto the other organics group form. All analytes within a selected group as shown on the WP or WS are to be included in the count. The information to be reflected on the forms is a count of the results of the performance evaluation by analyte.

The score for each group is to be determined by dividing the total number of analytes accepted (including those with a note to check for error) divided by the total number of analytes in the group times one hundred. Only analytes reported on the form are to be included in the calculation. Analytes may be shown as accepted when corrections have been made and written acceptance is provided by the agency that administered the audit.

The forms for organic volatile and non-volatile analytes are to reflect all analytes shown on the WP and WS audits for the class of organic that was evaluated.

Laboratories to be utilized under a sub-contract shall have QA/QC audit form submitted with this bid. Sub-contract laboratories may be considered for the inorganic group, the volatile organic group, the non-volatile organic group, asbestos or Mercury. The use of sub-contract laboratories must include provisions to maintain required sample preservation, to accomplish analytical work within recommended holding times and report results as required by these specifications. The primary contractor will be responsible to coordinate distribution of samples and track progress of analysis for all samples analyzed under this contract.

B. NON-RAD SAMPLE TESTING

Contractor Requirements The contractor laboratory must be capable of performing the tasks specified in Section 2 on or before the effective date of the contract. The contractor laboratory must meet the minimum requirements specified in Appendix A for the physical, instrumental, personnel and analytical capability to provide the testing services specified in this document. The contractor must maintain Kentucky Drinking Water Laboratory Certification and apply for Kentucky Wastewater Laboratory Certification prior to contract award. Should the contractor lose Kentucky Drinking Water or Wastewater Certification, the contractor should notify Department for Environmental Protection (DEP) business contacts within five (5) days of becoming aware.

The DEP reserves the right to examine during regular business hours and without notification the contract laboratory program, facility, equipment and records to determine compliance with the requirements specified in this document.

The contract laboratory is responsible for establishing procedures to receive emergency environmental samples from all state agencies seven (7) days per week and 24-hours per day. The Commonwealth will usually deliver routine samples within normal business hours.

However, arrangements for late delivery may be required on a case-by-case basis. The Commonwealth will make every effort to provide contract laboratory sufficient time to make suitable arrangements for sample receipt.

The contract laboratory may NOT utilize subcontractor laboratories for any of the sample preparation or testing to be conducted under this contract with the exception that, upon

Document Phase Document Description Page 14 written petition by the contract laboratory, DEP approves subcontractor laboratories prior to commencement of sample analysis.

The contractor must notify DEP within five (5) business days of the loss of ability to conduct testing as specified by the contract award when one or more of the following conditions occurs:

- Major equipment or instrumentation breakdown with repairs expected to take two or more weeks.

- Loss of supervisory or group leaders in any area.

- Other factors that would prevent the contract laboratory from delivering the services as specified by the contract.

Tasks The Commonwealth and its' engineering consultants or authorized contractors will be collecting environmental samples of both a programmed basis and in response to environmental emergencies. Unless the laboratory has provided a written notification of a loss of capability as listed in the Contractor Requirements section, the laboratory must accept routine samples per month.

The Commonwealth or its contractors will have provided their own sample containers and other materials and shipped these to the contract laboratory at their expense. Contract laboratory is to receive and handle the samples, empty the chests, and return the empty ice chests or other shipping containers belonging to the Commonwealth or its' contractors to a location specified by the person ordering the laboratory services. This will include preparing the empty shipping containers for shipping, and one-way shipping to the destination.

Once the laboratory has accepted the samples, the laboratory will be responsible for:

- Maintenance of sample integrity and chain-of-custody of the samples,

- Preparation and analysis of each sample for the requested tests utilizing the specified analytical methods listed in either 40 CFR Part 141 for drinking water samples or 40 CFR Part 136 for wastewater samples. Appendix B contains a list of parameters for drinking water and wastewater samples that are addressed in their respective laboratory certification programs. Contract laboratory shall document their method detection limit (MDL), minimum reporting limit (MRL), and units for each parameter.

- Analysis of parameters other than those listed in Appendix B may be requested at the discretion of the Commonwealth, based on emergency conditions or unforeseen requirements.

- Adherence to the stipulated procedures in Section 3.0, and

- Generally reporting of all chain of custody forms, routine analytical results and documentation specified in Reporting Criteria section within seven (7) days after the receipt of samples to the Commonwealth representative submitting the sample. Provision should be made for RUSH (3 day turn around time) and Special RUSH (24 hour) priority on tests with standard 7-day turnaround time. Some particular other sampling procedures, primarily biological testing, will have different reporting turnaround times (TAT’s) as indicated on the Sample Testing Catalog attached to this contract. In those cases, the TAT’s listed for an item in the Sample Testing Catalog is the definitive standard TAT for that line item for this contract.

Analytical reports are to contain the following information:

- Analytical results must be reported electronically in an electronic format specified by the Commonwealth and as scanned original documents in PDF format. The PDF file will have the conventional format normally used by the laboratory. At a minimum, the laboratory report must include the items provided in Appendix C.

- Laboratory data qualifier codes provided in Appendix D may be used for reports generated under this contract, unless the contract laboratory submits to the Commonwealth a similar list of data qualifier codes that they utilize. Contract laboratory

Document Phase Document Description Page 15 submitted data qualifier codes must be approved by the Commonwealth prior to use by the laboratory.

- The laboratory may be required to report results which are below their minimum reporting limit (MRL) and above their method detection limit (MDL). In these instances, results must be qualified using an estimated data qualifier (e.g. "J").

- All analytical results must bear or be accompanied by a signed statement from an authorized representative of the contract laboratory that all analyses were conducted and results reported in strict accordance with all requirements of the regulatory methods, Kentucky Laboratory Certification Programs (drinking water and wastewater) and as specified in this contract.

When a Commonwealth representative specifies priority reporting times, the laboratory analysis reports specific to these samples shall be submitted within either one or three days after the receipt of samples, dependent on the specified rush priority. The reports shall contain all analytical results and documentation specified in Section 4. Reports should be sent to the Commonwealth’s representative submitting the sample. The contract laboratory may e-mail or use the DEP FTP site to transfer copies of the final reports to meet the priority reporting requirements. Information needed to access DEP's FTP site will be provided to the laboratory after award of the contract.

Unless otherwise specified, invoices shall be submitted to the same person as the laboratory analytical results.

The laboratory must provide the Commonwealth with Quality Control packages upon request in support of the analytical results reported. The Quality Control packages shall include, but not limited to those specified in Appendix E of this contract.

The following procedures will be followed by all laboratories:

Chain-of-Custody

- All samples shall be handled by a minimum number of people.

- The laboratory shall set aside a sample storage area that is clean, dry, cool or refrigerated as required for preservation, and that is capable of being securely locked.

- The laboratory will designate a specific person to be sample custodian. All incoming samples shall be received by the custodian, who shall indicate receipt of the sample by signing the accompanying Chain of Custody and return a copy to the submitting agency.

- The custodian shall ensure that all samples are properly stored and maintained prior to analysis.

- The laboratory area will be maintained as a secured area, restricted to authorized personnel only.

- Laboratory personnel will be responsible for the care and custody of all samples once the custody of the samples has been transferred to the laboratory.

- Once sample analyses are completed, the samples may be disposed of after obtaining approval from the Commonwealth, recording the time, date and disposal method for each sample in the sample logbook, and complying with local, state and federal disposal guidelines. All samples shall be considered non-hazardous unless shown to be hazardous by the requested analyses or identified to be hazardous by the Commonwealth.

Approved Methodology Samples processed by contractor laboratory under this document must be analyzed by the methods and for the parameters referenced in 40 CFR Part 141 for drinking water and Part 136 for wastewater. Analysis of samples for parameters or methods not specified in the above referenced programs may be required based on a specific need. The Commonwealth will work with the contract laboratory to determine the best available method for the analysis of a specific parameter or class of compounds.

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The contract laboratory shall analyze all drinking water samples in accordance with 40 CFR Part 141 and comply with the requirements specified in Kentucky's Drinking Water Laboratory Certification Program. Additionally, the contract laboratory shall be capable of meeting all detection limits required by:

- Federal Safe Drinking Water Act (SDWA);

- 40 CFR Part 141 (Subpart C);

- Specific analytical methods; and

- Kentucky Drinking Water Laboratory Certification Program (401 KAR 8:040).

The contract laboratory shall analyze all wastewater samples in accordance with 40 CFR Part 136 and comply with the requirements specified in Kentucky's Wastewater Laboratory Certification Program. Additionally, the contract laboratory shall be capable of meeting all detection limits required by:

- KPDES Regulations (401 KAR 5);

- Kentucky Water Quality Standards (401 KAR 10:031);

- 40 CFR Part 136;

- Specific analytical methods; and

- Kentucky Wastewater Laboratory Certification Program (401 KAR 5:032).

Method Modification or Deviation Modification or deviation from the drinking water analytical methods listed in 40 CFR Part 141, specific drinking water methods, or listed in Kentucky's Drinking Water Laboratory Certification Program is prohibited.

Modification or deviation from the wastewater analytical methods listed in 40 CFR Part 136 may be allowed only if they do not conflict with Federal/State, KPDES, or Kentucky's Wastewater Laboratory Certification Program requirements and then only if petitioned by the contractor and approved in writing by the Commonwealth, prior to use.

Contract laboratory must adhere to modification or deviation requirements established in the following:

- 40 CFR 136.4 - Alternate Test Procedure (National);

- 40 CFR 136.5 - Alternate Test Procedure (Regional/Local Use); or

- 40 CFR 136.6 - Method Modification

A written petition requesting the Commonwealth’s approval of such changes in one of the analytical methods listed in 40 CFR Part 136 must be submitted with the following information:

- Identification of the analytical method

- Contact laboratory's scope of work addressing the requirements specified in 40 CFR 136 and scope of work must be approved by the Commonwealth

- Only after the proposed analytical method is approved for use by Kentucky's Wastewater

Laboratory Certification Program and EPA may the contract laboratory utilize the method.

The laboratory is responsible for maintaining all requirements specified in 40 CFR 136 and Kentucky's Wastewater Laboratory Certification Program for use of an analytical method which has been modified or deviated.

Quality Assurance/Quality Control The contract laboratory shall perform the required quality assurance/quality control (QA/QC) procedures when performing method analyses, as defined in either:

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- 40 CFR Part 141 for drinking water and specified in the Kentucky Drinking Water

Laboratory Certification Program; or

- 40 CFR Part 136 for wastewater and specified in the Kentucky Wastewater Laboratory

Certification Program.

Documentation The contract laboratory shall retain all documentation generated under this contract as specified by Federal/State Law or Kentucky's Drinking Water and Wastewater Laboratory Certification Programs, whichever is longer. Deviations from the above must be communicated to the Commonwealth prior to their execution.

Data Reduction and Validation The data reduction processes to be utilized by the contract laboratory are contained either in the individual analytical methods or, within Kentucky's Drinking Water and Wastewater Laboratory Certification Programs.

Data validation in the contract laboratory is a procedure for the systematic review by designated laboratory officials of the operation of each analytical system to determine:

Analytical methods have been correctly implemented with all deviations from the analytical methods or this document have been properly noted and documented.

Review of at least 5% of the raw data generated by each analytical method on a periodic basis by the laboratory Quality Assurance Officer to verify the completeness of documentation, the proper operation of instrumentation, and the correctness of all calculations.

Review of all quality control charts to confirm that precision and accuracy requirements specified in this document are being met.

Review of all corrective actions as they relate to analytical methods when the quality control documentation determines an out-of-control condition exists.

Verification that all data is properly documented and archived.

Reporting Criteria All analytical results must be reported in electronic format specified by the Commonwealth.

In addition, the laboratory shall provide a PDF using the data reporting format specified in Appendix C. The contract laboratory may use an existing report format for the PDF report as long as all the data items shown in Appendix C are provided.

Penalties for Non-Performance The Commonwealth will invest a considerable amount of resources in planning and collecting samples submitted to the contractor laboratory. Penalties will be applied to payments for testing services when a laboratory accepts samples but fails to comply with the terms listed in the contract.

Samples either not prepared or analyzed within the holding time limits specified in 40 CFR Part 141 for drinking water samples and 40 CFR Part 136 for wastewater samples are deemed to have no value to the Commonwealth.

If samples are delayed in their arrival at the laboratory resulting in a reduced time for sample preparation and analysis must be identified and reported to the Commonwealth immediately.

The contract laboratory shall contact the person who submitted the samples or identified as the responsible person on the Chain-of-Custody. If there is a question as to the responsible person, the contract laboratory shall report the short hold time sample to the Kentucky Laboratory Certification Program group.

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Samples analyzed within stipulated holding times but for which the analytical results and documentation are not delivered within the time specified in Section 2. A 1% reduction per day (up to a 20% maximum reduction) on all charges for each sample that is affected by the late reporting.

C. Dioxin Testing by EPA Method 1613

The following criteria is required for a laboratory performing drinking water analysis for the Commonwealth of Kentucky’s Energy & Environment Cabinet Drinking Water Primacy requirements established by the U.S. Environmental Protection Agency.

Analyte: Dioxin/Furans

Reference Method: EPA Method 1613

Media: Drinking Water Compliance Samples

Laboratory Certification Status: Laboratory must have current certification documentation from Certifying Authority (e.g. EPA, State, etc.)

Annual Performance Test (PT) Study must be submitted to Commonwealth staff. Must pass one study per year. Actual recipients of this report will be provided to the awarded vendor.

Turnaround Time (TAT):

Standard TAT: 14 days Quick/Rapid TAT: 1-3 days

Deliverables:

Tier I: Results only Tier II: Tier 1 + Laboratory QC results Tier III: Tier II + Benchsheets, calculations, quantitation reports, chain of custody, etc.

Tier IV: Tier III + All instrument output (including chromatograms, etc.)

Laboratory must be available to receive samples seven (7) days per week (during an emergency).

The Commonwealth must have access to the laboratory for on-site inspections (audits).

Laboratory must meet all of the requirements specified in EPA Manual for the Certification of Laboratories Analyzing Drinking Water; Criteria and Quality Assurance, Fifth Edition (EPA 815-R-05-004; January 2005) and Kentucky Regulation 401 KAR 8:040.

The laboratory must be certified by EPA, or their designated Certifying Authority, to perform analysis for dioxin/furans in drinking water samples, using EPA approved methodology (EPA Method 1613 required).

The laboratory must retain all sample data necessary to reconstruct the reported results for a period of not less than 12 years.

Laboratory must be capable of meeting the Federal EPA Minimum Reporting Limit for dioxin/ furans at 0.011 ng/L.

The laboratory must, by agreement, contact the Commonwealth of Kentuck if they intend to “go out of business” or merge with another laboratory.

The laboratory must be directly responsible to the Cabinet as a sub-contractor of services. The laboratory is not permitted to sub-contract any contractual analytes (contaminants) to another laboratory for analysis, without the written permission of the Cabinet.

Section 3

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Purpose The purpose of this solicitation is to request vendor responses in order to provide these items under contract to agencies as needed.

Section 4 General This solicitation specifies requested items. It is not the intention of this solicitation to eliminate vendors or manufacturers of similar or equal equipment of the types specified. It should be noted, however, that these requested items are written around specific needs of State agencies.

The Commonwealth reserves the right to consider bids non-responsive if they do not comply with the specifications contained herein.

Section 5 Initial Contract Period The contract established from this solicitation shall be for the initial period from the date of award, through August 31, 2026.

Section 6 Renewal Clause – Optional Renewal Period This contract may be extended at the completion of the initial contract period for four (4) additional two-year periods. This extension must have the written approval by all parties.

If the contract resulting from this solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

Section 7 Exceptions to Specifications Vendors are cautioned that changes made to the solicitation other than in the designated fields for response shall render the response invalid and result in a non-responsive bid. Otherwise, it will be considered that items/services offered are in strict compliance with these specifications, and the successful bidder shall be held responsible for delivering materials/services that meet these specifications. Any exceptions shall be marked as such within the body of the bid and explained on a separate page. The Commonwealth is not bound to accept any exceptions.

Section 8 Alternate Brands/Specifications Unless otherwise specified, brands and specifications referenced in this solicitation are meant to establish a minimum standard of quality only. Bidders may bid brands/specifications they consider to be equal by specifying the brand(s)/specifications and inserting the brand name(s), model number(s), etc. on which they are bidding. Bids offering “equal” products/ specifications will be considered for award if such products are clearly identified in the bid and are determined by the State to meet or exceed fully the minimum essential specifications and salient characteristics referenced in the Solicitation. Bids that contain products/specifications that fail to meet the minimum essential requirements shall be deemed non-responsive.

Bidders who propose alternate brands/specifications should enclose descriptive literature with their bids so that the equality can be verified. Failure to enclose sufficient literature may result in a non-responsive bid. If the brands are not changed, the contract will be written accordingly and the successful bidder shall be required to deliver the brands/specifications stated in the solicitation.

Section 9 Recycle Requirements Prospective…