RFP 26_2065 - Schedule D - SLA - Inspecting & Sampling.docx

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Inspect & Sample Lead, Mold, Asbestos, & Air Contaminants
Solicitation number
RFP 171 260000002065 2
Issued by
Michigan

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Summary

This is a Service Level Agreement (SLA) Schedule D document for the Michigan state contract RFP 26_2065 regarding inspection and sampling services for lead, mold, asbestos, and air contaminants. The SLA establishes performance standards and service delivery expectations for the selected contractor(s) who will provide inspection, sampling, and analysis services related to environmental hazards. The document outlines detailed requirements for response times, quality assurance, sampling methodologies, and compliance with applicable state and federal regulations for environmental testing and hazard identification. The contractor must maintain specified turnaround times for sample analysis, maintain quality control protocols, and provide comprehensive reporting of findings. The SLA includes provisions for ongoing monitoring of contractor performance against established metrics and benchmarks to ensure consistent service delivery throughout the contract term.

The SLA specifies performance obligations including inspection scheduling, sample collection procedures, laboratory analysis timelines, and report delivery requirements. The contractor must comply with Michigan Department of Health and Human Services standards and maintain certifications required for lead, mold, asbestos, and air quality testing. The document establishes accountability measures and defines consequences for service failures or non-compliance with established performance standards. The SLA serves as the operational framework governing how the selected vendor will execute contracted services and interact with the state and end-user agencies throughout the contract period.

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Schedule D – Service Level AgreementComment by VandeMark, Arnold (MDOC): @London, Kyle (DTMB) , the current contract does not include SLAs so I don't currently have a Monitor from our Contract Monitoring division assigned to this contract or bid. I escalated to my leadership last month but got no direction. I have not see SLAs like this before and want to see if I can get someone assigned to reveiw these. One of the biggest things I noticed about these SLAs is a section in each stating the data source(s) that would be used to determine if Contractor was in compliance- reports, emails,Comment by London, Kyle (DTMB): The SLA language in this draft is from the current contract, Section 14 - SLA’s.Comment by VandeMark, Arnold (MDOC): Sorry, you are correct I must have been thinking of another contract.
I still don't currently have a monitor assigned. We are the only agency with the monitoring group who is really vetted in tracking and assessing SLAs. I know it helps to include what data sources may be used to confirm they are meeting requirements especially if it involves specific reports they have to provide. Example- How are they going to prove they have the required memberships and accreditations?Comment by London, Kyle (DTMB): That specific SLA, “requires the Contractor to maintain a series of memberships and accreditations during the entire term of the resulting agreement and any renewal periods”, will need to be monitored by the Contract Administrator, which will be Colleen West. The remainder would be monitored by the Agencies.

The Contractor will be held accountable to meet the requirements and the service level requirements established in this Contract.

The State reserves the right to reconsider or amend SLA amounts for split awards should they occur.

Service Level Agreements for this Contract will be as follows:

Professional Membership and Accreditations

SLA Element
Scope, Acceptable Standard & Service Credits
Definition and Purpose
Schedule A, Section 3.3 requires the Contractor to maintain a series of memberships and accreditations during the entire term of the resulting agreement and any renewal periods. This is to ensure the Contractor is up to date on the latest policies, practices, etc.
Acceptable Standard
Schedule A, Section 3.3 reads:
3.3.Maintain and provide the following memberships and accreditations:
3.3.1.The American Industrial Hygienists Association (AIHA), Proficiency Analytical Testing (PAT) Program.
3.3.2.The National Voluntary Laboratory Accreditation Program (NVLAP) Bulk Sample Analysis Certification Program.
3.3.3.An Inter-and Intra-Laboratory Quality Control Program per the 29 CFR 1926.1101 asbestos standard.
3.3.4.Environmental Monitoring Laboratory Accreditation Program (EMLAP).
3.3.5.Contractor assures that its license of registration to provide this service is current. Contractor agrees to provide the Agency with a photocopy of its license(s)/registration(s) upon request.

The acceptable standard is 100% compliance.

Credit Due for Failing to Meet the Service Level Agreement
1. $100.00 may be assessed for each of the first five occurrences of non-compliance for any or all of the above, in a given calendar year.

2. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter for any or all of the above, in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

Additional Service Requirements

SLA Element
Scope, Acceptable Standard & Service Credits
Definition and Purpose
Schedule A, Section 3.4 outlines various time-based service requirements necessary for the management of the services within the Contract.
Acceptable Standard
Schedule A, Section 3.4 reads:
3.4.Additional Service Requirements:
3.4.1.For environmental emergencies, Contractor must contact Program Manager within 15 minutes via telephone, and then once onsite, contact within one hour via telephone.
3.4.2.Likewise, for rush abatement projects, Contractor will be onsite overseeing a contractor within 12 hours from project assignment.
3.4.3.Once the State makes any corrections to the preliminary reports, and forwards the corrected document to the Contractor, within seven (7) business days the Contractor must forward the State the final report for review and comment.

The acceptable standard is 100% compliance.

Credit Due for Failing to Meet the Service Level Agreement
1. $100.00 may be assessed for each of the first five occurrences of non-compliance for any or all of the above, in a given calendar year.

2. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter for any or all of the above, in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

Additional Terms Specific to this Contract

SLA Element
Scope, Acceptable Standard & Service Credits
Definition and Purpose
Schedule A, Section 3.5 includes language about licenses and relevant laws/regulations pursuant to the work in the Contract. It is critical that the Contractor maintain their licensing and ensures that all laws, etc. are abided by.
Acceptable Standard
Schedule A, Section 3.5 reads:
3.5.Additional Terms and Conditions specific to this Contract:
3.5.1.Contractor must comply with all laws, rules and regulations, including, but not limited to:
3.5.1.1.Health, Safety, and Fire Codes:
3.5.1.1.1.All applicable fire, health, and safety codes and must provide appropriate evidence of such compliance upon request by the Contract Compliance Inspector.
3.5.1.2.29 CFR Section 1926.1101, Asbestos, which regulates work practices for asbestos exposure in all work.

The acceptable standard is 100% compliance.

Credit Due for Failing to Meet the Service Level Agreement
1. Any fine incurred by the State for violation of any of the above requirements will be reimbursed in full by Contractor.

2. $500.00 may be assessed for each of the first five occurrences of non-compliance for any or all of the above, in a given calendar year.

3. $1,000.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter for any or all of the above, in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

Reporting

SLA Element
Scope, Acceptable Standard & Service Credits
Definition and Purpose
Schedule A, Section 8 requires the Contractor to submit various reports by specific time periods.
Acceptable Standard
Schedule A, Section 8 reads:
8.1.The Contractor must submit to the Program Manager, the following written reports:
8.1.1.Analysis Report, within seven (7) business days to include:
8.1.1.1.Sample results by layer-sample description
8.1.1.2.Inspector’s description of homogeneous material, if necessary
8.1.1.3.Analyst’s description of color, morphology
8.1.1.4.Sample Location
8.1.1.5.Asbestos content
8.1.1.6.Asbestos type
8.1.1.7.Percentage and description of non-asbestos fiber(s)
8.1.1.8.Amount of non-fibrous material
8.1.1.9.Specific analysis method
8.1.1.10.Other information as requested by the Program Manager
8.1.2.Field Service Report, within seven (7) business days to include:
8.1.2.1.Provide the Program Manager with a field service report after each site visit by the Contractor’s field representative / staff, documenting all work completed.
8.1.2.2.Field service reports shall be submitted for all environmental testing projects, which may include but are not limited to such projects as: air quality investigation and testing; asbestos investigation and testing; mold investigation and testing; etc.
8.1.3.Annual Summary Report: Provide a summary report detailing an annual or multi- year service history for each type of service, to be provided within fourteen (14) business days upon request of the Program Manager.

The acceptable standard is 100% compliance.

Credit Due for Failing to Meet the Service Level Agreement
1. $100.00 may be assessed for each of the first five occurrences of non-compliance for any or all of the above, in a given calendar year.

2. $500.00 may be assessed beginning with the sixth occurrence of non-compliance and on each occurrence thereafter for any or all of the above, in a given calendar year.

Extenuating circumstances will be reviewed by the Program Manager before any Service Credits are assessed.

At the discretion of the State, these credits may be applied toward any payable due to the Contractor or be payable directly to the State. Payments made directly to the state will be completed within 10 days of notice of assessment.

Request for Proposal No. 260000002065 image1.png

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