New Jersey Department of Environmental Protection Division ...

New Jersey Department of Environmental Protection Division of Site Remediation

USER'S GUIDE FOR USEPA CLP

CONTRACT A71586 ADJUSTED FOR ADDENDA

JUNE 2008

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION PROGRAM HAZARDOUS SITE SCIENCE ELEMENT OFFICE OF DATA QUALITY P.O. BOX 413 TRENTON NJ 08625-0413

USEPA CLP Contract A71586 June 2008

1.0 INTRODUCTION

This Contract permits analytical service procurement by any Element, Program or Bureau within the Department requiring USEPA Contract Laboratory Program (CLP) analysis. In addition, the Contract IFB permits use by Non-Departmental State of New Jersey agencies only after receipt of written approval from the NJDEP State Contract Manager. It precludes procurement of services by County, Municipal, and the United States Government or private parties.

This Contract is being issued to procure laboratory services for the analysis of volatiles, semivolatiles, pesticides/Aroclors, and inorganic compounds and analytes in accordance with the latest versions of the United States Environmental Protection Agency (USEPA) Contract Laboratory Protocols and the Contract. The methodologies provided in this Contract are the USEPA Contract Laboratory Program Statements of Works for Organics (SOM01.2) and Inorganics (ILM05.4). This Contract will also address any revisions issued by USEPA during the term of the contract.

MAJOR ANALYTICAL CHANGES IN THE CONTRACT

There are three major analytical changes in the contract.

SEMIVOLATILE ORGANICS

Within the SOM01.2 methods, 1,4-dioxane is considered to be a volatile organic compound. Because of its poor response, the USEPA no longer maintains 1,4-dioxane in the "Trace" level volatile organics analysis. While that compound has been retained as a target analyte in the "Low/Medium" level volatile organics analysis, the established reporting limit is 100 ug/L. USEPA had been issuing modifications of the SOW for the semivolatile fraction addressing the 1,4-dioxane issue. As part of this contract NJDEP has incorporated the USEPA requirements into the contract on a routine analytical basis. The State Contractor, TestAmerica- Burlington, has successfully revised the semivolatile organics method to include 1,4-dioxane as a target analyte in the "Low/Medium" level semivolatile organic analysis. This modification provides for a 2.0 ug/L reporting limit for 1,4-dioxane as part of a routine analysis, and provides for the inclusion of 1,4-dioxane-d8 as an additional surrogate control.

Additionally, the SOM01.2 methods provide an option for the analysis of semivolatile organics with the GC/MS instrumentation operating in SIM mode. This provides for a practical quantitation limit of 0.10 ug/L for certain polynuclear aromatic hydrocarbon compounds, such as benzo (a) pyrene, and a practical quantitation limit of 0.2 ug/L for pentachlorophenol.

CHLORINATED PESTICIDES

The reporting limits that are established by the SOM01.2 method for the chlorinated pesticides analysis are higher than the established New Jersey Ground Water Quality Standards. In response to the need for greater sensitivity, the Request for Proposal required the successful bidder to provide for a ten-fold lower reporting limit. The Contractor, TestAmerica-Burlington, has successfulyl revised the pesticides analysis to provide for a ten-fold lower reporting limit from those in the established method. This provides for a practical quantitation limit of 0.005 ug/L for such compounds as alphaBHC, and 0.010 ug/L for such compounds as dieldrin.

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AROCLOR PCBS

USEPA CLP Contract A71586 June 2008

The reporting limits that are established by the SOM01.2 method for the Aroclor PCB analysis are higher than the established New Jersey Ground Water Quality Standards. In response to the need for greater sensitivity, the Request for Proposal required the successful bidder to provide for a ten-fold lower reporting limit. The Contractor, TestAmerica-Burlington, has successfully revised the Aroclor PCB analysis to provide for a ten-fold lower reporting limit from those in the established method. This provides for a practical quantitation limit of 0.1 ug/L for any one of the Aroclor PCBs, or an assessment of total PCBs down to a practical quantitation limit of 0.9 ug/L.

The type of samples that can be submitted under the Contract include, but are not limited to, aqueous and nonaqueous samples, soils and sediments for site investigations and cleanups. This Contract does not include the analysis of wastes and/or chemical products.

The guide provides basic information regarding laboratory engagement, compliance monitoring, completing chain of custody forms, and sample management reporting. It consists of five (5) volumes as set forth below:

Volume 1 ? Terms and Conditions Non-Technical portions of the Contract (Sections 1-7) and Statement of Work including Engagement Process (Section 8 & 9).

Volume 2 ? Shipping Plan and Engagement Time Frame Document

Volume 3 - Laboratory Personnel and Shipping Information

Volume 4 - Non Payment

Volume 5 ? Examples of Completed Sample Container Request Forms

NOTE: The price schedules (current year only) and Data Report Requirements are provided as separate documents from this guide and are posted with this document on the NJDEP DEP intranet.

2.0 FISCAL REQUIREMENTS

The Contract User must ensure availability of adequate funds prior to procuring any services. This IFB precludes vendors from performing services without guaranty of payment for services rendered in compliance with contract specifications. The Contract User should consult their fiscal section for establishing appropriate funding cites.

Section 6.9.1 requires the Contractors to submit two (2) New Jersey Payment Vouchers (Form PV-393) and supporting documentation as required by Sections 6.9.1.A and 6.9.13 to the State Contract Manager except when specified by the non NJDEP engaging Agency. The 80% invoice is approved the Contract Users if the data is determined to be compliant with the deliverable requirements of the contract. The 20% invoice is a retainage as allowed by Section 6.9.1I until the data package is evaluated, validated or QA/QC review is completed on the data. The review must be completed within one (1) year of receipt of the data package.

Sections 5.2.4, 6.9.1 through 6.9.12 provide extensive detail on billable items allowed under the contract.

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USEPA CLP Contract A71586 June 2008

Section 6.9.14 and Appendix 2 Non Payment Issues provides for the imposition of financial penalties for work non conforming to the requirements of the Contract. If financial penalties are being imposed on the laboratory for a particular sampling event, the following information must be provided to State Contract Manager:

1. Laboratory Identification. 2. Vendor Invoice Numbers. 3. Encrypted Site Identification. . 4. Sample Numbers of affected samples. 5. Exact amount of withholding or amount of reimbursement to the State.

THE NEW JERSEY PROMPT PAYMENT ACT (P.L. 1987, C. 184) GOVERNS ALL INVOICES RENDERED UNDER THIS IFB. Process all invoices in compliance with the act. See Section 6.9.15 for additional information regarding the Act.

3.0 EMERGENCY SERVICES

This Contract does not permit engagement of the Contractor for any emergency analytical services that require a turn-around time of less than the twenty eight (28) days as provided for in Section 8.36.3 Report Turn-around Time. Contract Users are not allowed to request any turnaround time that is less than 28 days. If a shorter turn-around time is required, the Contract User must engage those laboratory services outside of this contract through Direct Purchase Authorization.

4.0 ORAL REPORTING

The Contract User cannot request oral telephone reporting of any analytical data from the Contractor as stated in Section 8.36.4 Oral Reporting Not Required. Only the State Contract Manager can request oral telephone reporting of any data from the Contractor. However, the Contractor can refuse to provide any oral telephone report and the refusal of the oral status report will not affect the standing of the Contractor.

5.0 ANALYSIS SELECTION/PRICE SCHEDULES

There are numerous line numbers under this contract. Proper use of this Contract requires the prior preparation of a Quality Assurance Project Plan (QAPP) or a sampling plan delineating sampling objectives, specifies aqueous or non aqueous as the matrix for the samples, analytes of concern and field QA procedures. Waste samples are not be analyzed by this Contract.

The Contact User is advised to review the requirements of Contract Section 9.0 Engagement and the Price Schedules. The Price Schedule is provided as the 1st Year Engagement Worksheet MicrosoftTM Excel file. The Engagement Worksheets for the 2nd and 3rd years will be provided later to the Contract Users.

Therefore, when engaging the laboratory the user must cite the line number, and required method as specified on the price schedule. This information must appear on purchase orders. The Commodity Code will be automatically added when the engagement is entered into the Department of the Treasury system.

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USEPA CLP Contract A71586 June 2008

6.0 SPECIAL INSTRUCTIONS FOR COMPLETION OF CHAIN OF CUSTODY DOCUMENTS

Section 6.1.13 (Conflict of Obligations) proscribes vendors from knowingly performing work, entering into, or continuing any Contract, subcontract or business relationship of any kind, whether or not related to the subject matter of this Contract, with persons or entities listed as Potentially Responsible Parties (PRPs) nor with any of their parent corporations, subsidiaries, nor with any independent legal representative acting on behalf of said parties without the express written permission of the NJDEP Commissioner.

In an effort to mitigate the potential for conflicts of interest, this Contract requires that all users encrypt sample site names and locations. Use general or site-specific job numbers and or project activity codes in lieu of the actual site name and address (location) of the sampling site. Enter this information under "Sample Location" on the appropriate chain of custody document.

Identify on the External Chain of Custody Forms, the parent sample for every Matrix Spike and Matrix Spike Duplicate Sample collected under this contract. The laboratory needs to link the parent sample with the QC samples as per the requirements of the USEPA CLP SOWs.

7.0 ENGAGEMENT PROCEDURES

This IFB requires that all users comply with the engagement procedures cited in Section 9.0 Engagement Process of the IFB document. All Contract Users must follow the requirements of Section 9.0 and the Contract for all engagements.

The State Contract Manager is responsible for maintaining all documentation and records for this contract. This includes documentation of all contacts with the Contractor. All Contact User contacts with the Contractor must be documented in writing by email to the state contact Manager. The Contract User must copy the State Contract Manager on all engagement packages. The State Contract Manager will be coordinating all engagements between the Contract User and the Contractor and maintains the schedule of sampling events under this contract. The State Contract Manager is also responsible for monitoring the sample capacity of the Contractor and is contacted prior to contacting the laboratory to determine the capacity of the laboratory.

The Purchase Bureau, as well as, the State Contract Manager, requires all Contract Users maintain general documentation regarding their engagement. If there are problems engaging the laboratory, adequate documentation must be maintained.

Section 8.3 Contract Administration and Management establishes the lines of communication between the State and the Contractor.

TO ALL SRP STAFF:

For all SRP site specific engagements including PA/SI engagements, all engagement packages must be submitted to the Bureau of Contract and Fund Management. Upon approval they will be forwarded to the SRP Fiscal Support for final processing. At the time of issuance of this guide, Roseann Ferrera is the designated staff person for all the laboratory engagements. These include all engagements that use either BEMSA or NJDEP contractors for sample collection. Shipping Charges beyond Normal Delivery

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