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REQUEST FOR PROPOSALS FOR

Laboratory Services

ISSUING OFFICE

Commonwealth of PennsylvaniaDepartment of Environmental Protection

Bureau of Environmental Cleanup and BrownfieldsSite Remediation Division

14th Floor Rachel Carson State Office Building400 Market Street

Harrisburg, Pennsylvania 17105-8763

RFP NUMBER

DEP-LAB-9

DATE OF ISSUANCE

November 25, 2015

1 Printed on Recycled Paper

REQUEST FOR PROPOSALS FOR

LABORATORY SERVICES CONTRACTDEP-LAB-9

TABLE OF CONTENTS

Part I - GENERAL INFORMATION 3

Part II - PROPOSAL REQUIREMENTS 14

Part III - CRITERIA FOR SELECTION 23

Part IV - WORK STATEMENT 28

APPENDICIES:APPENDIX A, THE AGREEMENT, STANDARD CONTRACT TERMS AND CONTRACT ATTACHMENTSAPPENDIX A – AGREEMENT

ATTACHMENT A: Provisions for Commonwealth Contracts ATTACHMENT B: Nondiscrimination/Sexual Harassment Clause ATTACHMENT C: Recycled Contents Products Provision

APPENDIX B, PROPOSAL COVER SHEETAPPENDIX C, SMALL DIVERSE BUSINESS LETTER OF INTENTAPPENDIX D, DOMESTIC WORKFORCE UTILIZATION CERTIFICATION


PART I

GENERAL INFORMATION FOR CONTRACTORS I-1.Purpose. This request for proposals (“RFP”) provides sufficient information to those interested in submitting a proposal for the subject procurement to satisfy a need for laboratory services. This work will be done for the Division of Site Remediation, Bureau of Environmental Cleanup and Brownfields. Laboratory services may also be requested through the Division of Site Remediation to support additional programs within the Department. I-2. Issuing Office. The Department of Environmental Protection (“Issuing Office”) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be the Issuing Officer for this RFP, Ms. Ann Asbury. She can be reached at the following address:

Department of Environmental ProtectionBureau of Environmental Cleanup and Brownfields

Division of Site Remediation14th floor, Rachel Carson State Office Building

400 Market StreetHarrisburg, Pennsylvania 17105-8471

Contact:Ann Asbury

[email protected](717) 783-9648

I-3. Scope. This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP. I-4. Problem Statement. The Issuing Office is seeking proposals from firms with expertise in the analysis of samples from sites where hazardous substances, contaminants and petroleum products have been released or are threatening release. The Issuing Office will use the contract(s) that result from this RFP to support various environmental programs, including but not limited to, the Land Recycling Program, the Hazardous Sites Cleanup Program, the Storage Tank Program, state responsibilities under the federal Superfund Program, and other related programs supported under separate funding mechanisms. Additional detail is provided in Part IV of this RFP. I-5. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be an on-call type contract with project work being assigned through work requisitions issued by the Issuing Office. The contractor will be required to perform work


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on a statewide basis. The Issuing Office intends to award two to four contracts from this RFP and will determine the maximum initial value of each contract awarded based on its needs at that time. The contract will be a unit price type contract, on a work requisition, task basis . The Issuing Office, at its sole discretion, may increase the maximum value of each contract during the contract term. There will be no minimum or guaranteed amount of work offered if a contract is entered. The contract(s), if entered into as a result of this RFP, will contain the contract terms and conditions as shown in Appendix A (Terms and Conditions may be modified at the discretion of the Department). The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible, and capable of performing the services required.

I-6. Calendar of Events. The Issuing Office will make every effort to adhere to the following schedule:

Activity Responsibility DateDeadline to submit Questions via email to Ms. Ann Asbury; [email protected].

Potential Offerors

4:00PMDecember 21, 2015

Preproposal Conference – Auditorium, Rachel Carson State Office Building, 400 Market Street, Harrisburg, Pennsylvania. 2nd Floor Auditorium

Issuing Office/Potential

Offerors

10:00AMJanuary 13, 2016

Answers to Potential Offeror questions posted to the DGS website (http://www.dgsweb.state.pa.us/RTA/Search.aspx) no later than this date.

Issuing Office4:00PMJanuary 29, 2016

Please monitor website for all communications regarding the RFP. PotentialOfferors

Sealed proposal must be received by the Issuing Office at Department of Environmental Protection, Bureau of Environmental Cleanup and Brownfields, Site Remediation Division, 14th Floor, Rachel Carson State Office Building,400 Market Street, Harrisburg, Pennsylvania 17101 (if using overnight courier) or P.O. Box 8763, Harrisburg, Pennsylvania 17105-8763 (if using the United States Postal Service)

Offerors4:00PMMarch 15, 2016

I-7. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

I-8. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I-9. Preproposal Conference. The Issuing Office will hold a Pre-proposal conference as specified in the Calendar of Events. The purpose of this conference is to provide opportunity for clarification of the RFP. Offerors should forward all questions to the Issuing Office in accordance with Part I, Section I-10 to ensure adequate time for analysis before the Issuing Office provides an answer. Offerors may also ask questions at the conference. In view of the limited facilities available for the conference, Offerors should limit their representation to three (3) individuals per Offeror. The Pre-proposal conference is for information only. Any answers furnished during the conference will not be official until they have been verified, in writing, by


http://www.dgsweb.state.pa.us/RTA/Search.aspx

the Issuing Office. All questions and written answers will be posted on the Department of General Services’ (DGS) website as an addendum to, and shall become part of, this RFP. Attendance at the Pre-proposal Conference is optional.

I-10. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP DEP-LAB-9 Question”) to the Issuing Officer named in Part I, Section I-2 of the RFP. All questions must be submitted via email no later than the date indicated on the Calendar of Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The Issuing Officer shall post the answers to the questions on the DGS website by the date stated on the Calendar of Events.

An Offeror who submits a question after the deadline date for receipt of questions indicated on the Calendar of Events assumes the risk that its proposal will not be responsive or competitive because the Commonwealth is not able to respond before the proposal receipt date or in sufficient time for the Offeror to prepare a responsive or competitive proposal. When submitted after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Officer may respond to questions of an administrative nature by directing the questioning Offeror to specific provisions in the RFP. To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date for receipt of questions indicated on the Calendar of Events, the answer must be provided to all Offerors through an addendum.

All questions and responses as posted on the DGS website are considered as an addendum to, and part of, this RFP. Each Offeror shall be responsible to monitor the DGS website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described in Section 1711.1 of the Commonwealth Procurement Code (62 Pa. C.S. 101 et seq.). I-11. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the DGS website at http://www.dgsweb.state.pa.us/RTA/Search.aspx. It is the Offeror’s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP. I-12. Response Date. To be considered for selection, hard copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via email or facsimile transmission. Offerors who send proposals by mail or other delivery service should allow sufficient delivery time to ensure timely receipt of their proposals. If, due to inclement weather, natural disaster, or any other cause, the Commonwealth office location to which proposals are to be returned is closed on the proposal response date, the deadline for submission will be automatically extended until the next Commonwealth business day on which the office is open, unless the Issuing Office otherwise notifies Offerors. The hour for submission of proposals shall remain the same. The Issuing Office will reject, unopened, any late proposals.


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I-13. Proposals. To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Part II, providing nine (9) paper copies of the Technical Submittal, two (2) paper copies of the Cost Submittal and two (2) paper copies of the Small Diverse Business (SDB) Submittal. In addition to the paper copies of the proposal, Offerors shall submit two (2) complete and exact copies of the entire proposal (Technical, Cost, and SDB Submittals, along with all requested documents) on CD-ROM or PC-formatted Flash drive in Microsoft Office or Microsoft Office-compatible format. The electronic copy must be a mirror image of the paper copy (Adobe .PDF files are acceptable) and any spreadsheets (cost tables) must be in Microsoft Excel. The Offerors may not lock or protect any cells or tabs. Offerors should ensure that there is no costing information in the technical submittal. Offerors should not reiterate technical information in the cost submittal. The CD-ROM or Flash drive should clearly identify the Offeror and include the name and version number of the virus scanning software that was used to scan the CD-ROM or Flash drive before it was submitted. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth consultant. Each proposal page should be numbered for ease of reference.

An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix B to this RFP) and the Proposal Cover Sheet is attached to the Offeror’s proposal, this requirement will be met. For this RFP, the proposal must remain valid for at least 270 days or until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations. The information in the proposal will become public record upon contract execution, except as limited by Section 106(b)(1) of the Commonwealth Procurement Code, 62 Pa, C.S. § 106 (b)(1).

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror or its authorized representative may withdraw its proposal in person prior to the exact hour and date set for proposal receipt, provided the withdrawing person provides appropriate identification and signs a receipt for the proposal. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements. I-14. Small Diverse Business Participation Information. The Issuing Office encourages participation by any Small, Diverse Business (“SDB”) as a prime Contractor, and encourages all prime Contractors to make a significant commitment to use SDBs as subcontractors and suppliers.

An SDB is a DGS-verified minority-owned business, woman-owned business, veteran-owned business or service-disabled veteran-owned business.

A small business is a business in the United States which is independently owned, not dominant in its field of operation, employs no more than 100 full-time or full-time equivalent employees, and earns less than $7 million in gross annual revenues for building design, $20 million in gross


annual revenues for sales and services and $25 million in gross annual revenues for those businesses in the information technology sales or service business.Questions regarding this Program can be directed to:

Department of General ServicesBureau of Diversity, Inclusion and Small Business Opportunities (BDISBO)Room 611, North Office BuildingHarrisburg, PA 17125Phone: (717) 783-3119Fax: (717) 787-7052Email: [email protected]: www.dgs.state.pa.us

The Department’s directory of BDISBO-verified minority, women, veteran and service disabled veteran-owned businesses can be accessed from: Searching for Small Diverse Businesses. I-15. Economy of Preparation. Offerors should prepare proposals simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of the RFP. I-16. Alternate Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternate proposals.

I-17. Discussions for Clarification. Offerors may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Offeror responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process prior to contract execution.

I-18. Prime Contractor Responsibilities. The contract will require the selected Offeror to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The prime Contractor is expected to be capable of performing no less than sixty percent (60%) of the total contract with their own forces. The Issuing Office will consider the selected Offeror to be the sole point of contact with regard to contractual matters. I-19. Proposal Contents.

A. Confidential Information . The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection C. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.


https://www.dgs.internet.state.pa.us/SBPI/AlphaResults.aspx

http://www.dgs.state.pa.us/

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B. Commonwealth Use . All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

C. Public Disclosure . After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests. If financial capability information is submitted in response to Part II of this RFP such financial capability information is exempt from public records disclosure under 65 P.S. § 67.708(b)(26).

I-20. Best and Final Offers.

A. While not required, the Issuing Office reserves the right to conduct discussions with Offerors for the purpose of obtaining a best and final offer (BAFO). To obtain a BAFO from Offerors, the Issuing Office may do one or more of the following, in any combination and order:

1. Schedule oral presentations;2. Request revised proposals; 3. Enter into pre-selection negotiations.

B. The following Offerors will not be invited by the Issuing Office to submit a BAFO:

1. Those Offerors, which the Issuing Office has determined to be not responsible or whose proposals the Issuing Office has determined to be not responsive.

2. Those Offerors, which the Issuing Office has determined in accordance with Part III, Section III-5, from the submitted and gathered financial and other information, do not possess the financial capability, experience or qualifications to assure good faith performance of the contract.

3. Those Offerors whose score for their technical submittal of the proposal is less than 70% of the total amount of technical points allotted to the technical criterion.

The issuing office may further limit participation in the best and final offers process to those remaining responsible Offerors which the Issuing Office has, within its discretion, determined to be within the top competitive range of responsive proposals.


C. The Evaluation Criteria found in Part III, Section III-4, shall also be used to evaluate the BAFO.

I-21. News Releases. Offerors shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this project without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I-22. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Offeror’s proposal. If the Issuing Office later discovers that the Offeror has engaged in any violations of this condition, the Issuing Office may reject the offending Offeror’s proposal or rescind its contract award. Offerors must agree not to distribute any part of their proposals beyond the Issuing Office. An Offeror who shares information contained in its proposal with other Commonwealth personnel and/or competing Offeror personnel may be disqualified.

I-23. Issuing Office Participation. Offerors shall provide all services, supplies, facilities, and other support necessary to complete the identified work, except as otherwise noted in this section. The Contract Officer for this contract is the Lab Contract Manager, Remediation Contracts Management Section, Division of Remediation Services, Bureau of Environmental Cleanup and Brownfields, Department of Environmental Protection (“PADEP LCM.”) Additional key technical personnel will be identified by the Department to provide limited direction and assistance. The Contract Officer will issue work orders, approve pricing, coordinate schedules, and otherwise administer the contract. A Project Officer from one of six regional offices will be responsible for coordinating the collection of samples and the review of analytical reports.

During the contract period of performance, the Issuing Office may audit the Contractor’s operation, including but not limited to, audit of sample analysis, adherence to Chain-of-Custody (“COC”) and document control protocol, and satisfaction of quality assurance and quality control (“QA/QC”) requirements. The Issuing Office may perform at least two (2) audits during the contract period of performance. The Issuing Office reserves the right to inspect the Contractor’s laboratory unannounced during normal working hours. The Contractor may be required to analyze a maximum of eight (8) performance evaluation samples per year. The performance evaluation samples shall be provided by the Issuing Office and the Contractor shall not charge the Issuing Office for their analysis.

The Commonwealth will, whenever possible, collect samples in proper containers provided by the contracting laboratory. A sample consists of collection container(s) containing solid or liquid materials, or a mixture. QA/QC field blanks, trip blanks, rinsates, duplicates, matrix spikes and matrix spike duplicates shall constitute separate distinct samples for billing purposes.

I-24. Cost Submittal. The cost submittal shall be placed in a separate sealed envelope within the sealed proposal and kept separate from the technical submittal. Failure to meet this requirement will result in automatic disqualification of the proposal. If during the evaluation process, an obvious pricing error is made by an Offeror, the Issuing Officer shall issue written


electronic notice to the Offeror via the contact information on the Offeror’s Proposal Cover Sheet. The Offeror will have five (5) business days after receipt of the notice to confirm its pricing. If the Offeror fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given it. I-25. Term of Contract. The term of the contract will commence on the Effective Date. The Commonwealth anticipates that contract(s) will be offered for an initial two (2) year term, with an option to annually renew the term for an additional three (3) years at the sole discretion of the Issuing Office. The Issuing Office will fix the Effective Date after the contract has been fully executed by the selected Offeror and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The selected Offeror shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the selected Offeror for any service or work performed or expenses incurred before the Effective Date of the contract.

I-26. Contractor’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

A. All of the Offeror’s information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.

B. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or potential offeror.

C. The Offeror has not disclosed the price(s), the amount of the proposal, nor the approximate price(s) or amount(s) of its proposal to any other firm or person who is an Offeror or potential offeror for this RFP, and the Offeror shall not disclose any of these items on or before the proposal submission deadline specified in the Calendar of Events of this RFP.

D. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

E. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

F. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State or Federal law in any


jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

G. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

H. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.

I. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

J. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

K. Until the selected Offeror receives a fully executed and approved written contract from the Issuing Office, there is no legal and valid contract, in law or in equity, and the Offeror shall not begin to perform.

I-27. Notification of Selection.

A. Contract Negotiations. The Issuing Office will notify all Offerors in writing of the Offeror selected for contract negotiations after the Issuing Office has determined, taking into consideration all of the evaluation factors, the proposal that is the most advantageous to the Issuing Office.

B. Award. Offerors whose proposals are not selected will be notified when contract negotiations have been successfully completed and the Issuing Office has received the final negotiated contract signed by the selected Offeror.

I-28. Debriefing Conferences. Upon notification of award, Offerors whose proposals were not selected will be given the opportunity to be debriefed. The Issuing Office will schedule the debriefing at a mutually agreeable time. The debriefing will not compare the Offeror with other Offerors, other than the position of the Offeror’s proposal in relation to all other Offeror proposals. An Offeror’s exercise of the opportunity to be debriefed does not constitute nor toll the time for filing a protest.

I-29. RFP Protest Procedure. The RFP Protest Procedure is found in Section 1711.1 of the Commonwealth Procurement Code, 62 P.S. 1711.1. A protest by a party not submitting a proposal must be filed within seven days after the protesting party knew or should have known


of the facts giving rise to the protest, but no later than the proposal submission deadline specified in the Calendar of Events of the RFP. Offerors may file a protest within seven (7) days after the protesting Offeror knew or should have known of the facts giving rise to the protest, but in no event may an Offeror file a protest later than seven (7) days after the date the notice of award of the contract is posted on the DGS website. The date of filing is the date of receipt of the protest. A protest must be filed in writing with the Issuing Office. To be timely, the protest must be received by 4:00 PM on the seventh day.

I-30. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Issuing Office’s version of the RFP, the Issuing Office’s version shall govern.


PART II

PROPOSAL REQUIREMENTS Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal and all SDB cost data should be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of the following three (3) separately sealed submittals:

A. Technical Submittal, which shall be a response to RFP Part II, Sections II-1 through II-8 and II-11.

B. Small Diverse Business (SDB) Submittal, in response to RFP Part II, Section II-9; and

C. Cost Submittal, in response to RFP Part II, Section II-10.

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Project, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Project as specified.

II-1. Statement of the Problem. State in succinct terms your understanding of the problem presented or the service required by this RFP.

II-2 Responder Identification. Provide the Contractor’s full name, address, Federal Identification Number, and telephone number, name of contact person, and, if applicable, the branch office or other subordinate element that will perform or assist in performing the work encompassed in this RFP. State whether the Contractor operates as an individual firm, association, partnership, corporation, or combination thereof, and state whether your organization(s) is registered with the Pennsylvania Department of State to transact business within the Commonwealth. Corporations with multiple laboratory facilities must submit one proposal encompassing all the laboratories under corporate control that will perform work under the contract. If a corporation, include verification of the state in which it is incorporated and the date of incorporation. (Answer shall not affect evaluation of your proposal but the selected respondent shall be required to register with the Pennsylvania Department of State to transact business within the Commonwealth before a contract can be executed.)


Provide a brief description of the principal business activities of the prime Contractor, each subsidiary or division being proposed to do the work, and all proposed subcontractors, showing the functions each will serve. The Contractor must have at least one testing laboratory located within the Commonwealth of Pennsylvania.

Provide an organizational chart of the prime Contractor designating those elements relating to implementation of this contract. Include parent organizations, subsidiaries, and divisions within your firm. Provide a graphic illustration showing communication links between the Contractor and the Department, including titles and individuals’ names. Provide a separate graphic illustration showing communication links between the prime Contractor and all proposed subcontractors. Include titles and individuals’ names.

List and explain all past and pending criminal convictions, criminal indictments, civil penalties, notices of violation, administrative orders, and license revocations and suspensions issued or obtained by any State or Federal authority citing a violation of any statute, regulation, or court order relating to hazardous waste generation, treatment, storage, disposal, or transportation, and other related environmental and public health statutes or regulations, by the Contractor or subcontractors, or by any other persons holding, directly or indirectly, greater than 5% equity in the Contractor or its subcontractors.

Provide details of all projects for which your firm has failed to complete a contract of the type described herein.

List and explain all past and pending fines, penalties, or settlements exceeding $10,000, and criminal indictments, civil penalties, notices of violation, administrative orders, and license revocations and suspensions issued or obtained by or entered into with any State or Federal authority citing an actual or purported violation of contractual agreement or condition relating to environmental laboratory services of the type described herein, by the Contractor or subcontractors, or by any other persons holding, directly or indirectly, greater than 5% equity in the Contractor or its subcontractors.

List and explain all past and current denials of application for Commonwealth of Pennsylvania accreditation, transfer of accreditation or renewal of accreditation by the Contractor or subcontractors. List and explain all past and current revocations and/or suspensions of Commonwealth of Pennsylvania accreditation, in part or in total, by the Contractor or subcontractors.

II-3. Management Summary. Discuss in detail your management approach for performing services required under this RFP on a statewide, standby basis. The discussion should demonstrate how you will ensure successful performance of all work issued under a contract, if awarded. This narrative should convince the Commonwealth that the Offeror understands the objectives that the contract is intended to meet, the nature of the work required, and the level of effort necessary to successfully complete the contract.

Identify by name and title the management team you propose for the contract and describe the responsibilities for each person identified. Provide graphical organization charts. Identify a


single contact or coordinator and two backup contacts or coordinators responsible for leading the management team who will be available to the Issuing Office for decisions on overall management policy as well as routine contract management issues. If your proposal includes a different management structure, please explain the advantages of the different structure to the structure preferred by the Issuing Office.

The RFP does not specify a minimum or maximum number of samples that will be scheduled. If awarded a contract, you will be expected to work with the Commonwealth to assure the timely scheduling of work and the timely receipt of analytical data. Identify any limitation to the amount of work that may be scheduled. II-4. Qualifications. Identify and describe the analytical capabilities you will provide, including, i) preparing and analyzing a variety of sample matrices, and ii) ensuring that all reported data are scientifically valid, legally defensible, and of known and acceptable precision and accuracy.

Describe all facilities you propose to use to meet the requirements of the contract. Provide a schematic of your facility, including a summary of your specific lab area locations, security measures, procedures to eliminate cross-contamination, and backup power generators. If multiple laboratory locations are proposed for use on this contract, clearly identify which location will be used for which tasks.

Provide detailed information regarding your information system for storing and managing project-specific details such as analyte lists, contacts, etc. Include a description of how order-specific information will be handled differently from project-level requirements. Include details on how project information is distributed to each workgroup, including bottleware assembly, analysis, and data review.

Provide a detailed description of your sample login procedure, including labelling, storage, security, confidentiality, distribution to the proper work areas (including sample shipment where necessary) and measures to eliminate sample misidentification. Provide an example of your COC and any login checklists.

Provide details of your personnel training, hours of operation and staffing and capacity.

Explain how incoming Commonwealth workorders will be received and scheduled and how confirmation of such scheduling will be conveyed to the PADEP LCM.

Provide a detailed description of how sample containers will be accumulated and delivered, stored, and certified clean, and how shipment confirmation of containers will be communicated to the Commonwealth. Provide an example of your end-user unpacking/preserving instructions and any shipping checklists.

Describe any sample pickup or courier service available to deliver samples to your testing facility while maintaining Chain of Custody. Do not include any pricing information in the Technical Submittal.


Describe the procedures you will use to monitor and control project work issued by the Issuing Office. This should include procedures you will use to supervise and oversee the technical performance and schedule of the work. Detail your approach to keeping precision instrumentation in optimum working order. Describe how you propose to accept responsibility for the overall results of all tasks and assignments, including those completed by any subcontractor(s) prior to submitting work as final to the Commonwealth

Provide a detailed summary of the structure of your QA/QC program, and include as a minimum any activity in which data is developed. Examples of activities for which the Contractor should provide a QA/QC program are: transport of samples, receipt of samples at laboratories and facilities, analytical methods, data translation and reduction, and report generation.

Present the rules and responsibilities for your personnel with respect to QA/QC. Use the organization charts requested in Part II-3, Management Summary of this RFP to show these individual assignments.

Provide a detailed description of how any problems and errors in the sample cycle are identified and resolved, including any discrepancies between workorders or chain of custody and sample receipt.

Provide, for each method, test or analysis identified in the Cost Submittal, a list of reportable analytes along with Method Detection Limits (“MDLs”) and Reporting Limits (“RLs”) in clearly identified units of measure, bottles and preservatives used for each test, and maximum holding times for each.

Provide an example of your deliverables package, as described in PART IV-5 c. and on PC-formatted CD-ROM or flash drive, an example of the Electronic Data Deliverable (“EDD”). The example analytical data package submitted for this bid proposal should be in compliance with all requirements of this RFP.

Provide an example of your invoicing package, as described in PART IV-5 e.

Enclose proof of Commonwealth of Pennsylvania accreditation under the Pennsylvania Environmental Laboratory Accreditation Act of 2002 and/or proof of current National Environmental Laboratory Accreditation Program (“NELAP”) certification. If multiple NELAP certifications are held, identify where primary certification is held. Include the current NELAP certification for any proposed subcontractor laboratories.

Include, for each facility to be used under this contract, proof of current Scope of Accreditation documents for all methods, tests and analytes identified in the Cost Submittal.

Throughout the duration of the Contract, each laboratory should continuously be in compliance with the standards for laboratory certification. If the Commonwealth becomes aware, either through inspections or another source of information, that the Contractor of its subcontractors is not in compliance with said standards, such non-compliance shall be sufficient grounds to permit the Commonwealth to decline engagement of the Contractor.


At the time of proposal, Offerors will satisfy the laboratory certification/accreditation requirements if each relevant laboratory holds any of the following:

1. PADEP Environmental Laboratory Certification2. PADEP Primary NELAP Accreditation3. PADEP Secondary NELAP Accreditation

At no time will laboratory certification or NELAP accreditation in another State alone satisfy the laboratory certification requirmeents of this Contract. Laboratories holding certification of NELAP accreditation in other States must apply to the PADEP for PADEP Secondary NELAP Accreditation, complete with an application form, pay a fee and have such application approved.

II-5. Prior Experience. Identify your experience in environmental analyses. Specifically identify your past experience working for similar programs in other states or the Federal Government. Demonstrate the prior experience in environmental analyses of the individuals and specific laboratories that you propose to assign to this contract, as well as that of your firm as a whole. Include abstracts of specific contracts or projects you have performed, including a name, address, and telephone number of the customer, company, or agency who may be contacted as a reference.

II-6. Personnel. Provide a staffing plan of laboratory/analytical personnel you propose to perform the work required in this RFP. The staffing plan should include the following information.

a. A presentation of the number and levels of professional and technical staff by skill and qualification who will be available to perform the work. Indicate where these staff will be routinely located, and estimate the percentage of their time that they can be available to provide services under this RFP.

b. List all “Key Personnel” that include the professional and technical disciplines. Specifically include the individuals in this table who you consider essential to the successful completion of the work required by this RFP. Provide resumes for individuals you list in this table (include no more than 15 resumes). Resumes should be no longer than two typed pages and must, at a minimum include the following information:

i) total years experience with each employer,ii) the primary responsibility with current employer,iii) degrees awarded, major area of study, title of degree and percentage of

credits toward degrees to be awarded if degree is not yet obtained (do not include honorary degrees),

iv) the precise employment or educational context in which expertise and experience is acquired, and

v) identify where these personnel will be physically located during the time they are engaged in the work.


II-7. Financial Capability. Describe your company’s financial stability and economic capability to perform the contract requirements. Provide your company’s financial statements (audited, if available) for the past three fiscal years. Financial statements must include the company’s Balance Sheet and Income Statement or Profit/Loss Statements. Also include a Dun & Bradstreet comprehensive report, if available. If your company is a publicly traded company, please provide a link to your financial records on your company website in lieu of providing hardcopies. The Commonwealth reserves the right to request additional information it deems necessary to evaluate an Offeror’s financial capability.

II-8. Objections and Additions to Standard Contract Terms and Conditions. The Offeror will identify which, if any, of the terms and conditions (contained in Appendix A) it would like to negotiate and what additional terms and conditions the Offeror would like to add to the standard contract terms and conditions. The Offeror’s failure to make a submission under this paragraph will result in its waiving its right to do so later, but the Issuing Office may consider late objections and requests for additions if to do so, in the Issuing Office’s sole discretion, would be in the best interest of the Commonwealth. The Issuing Office may, in its sole discretion, accept or reject any requested changes to the standard contract terms and conditions. The Offeror shall not request changes to the other provisions of the RFP, nor shall the Offeror request to completely substitute its own terms and conditions for Appendix A. All terms and conditions must appear in one integrated contract. The Issuing Office will not accept references to the Offeror’s, or any other, online guides or online terms and conditions contained in any proposal.

Regardless of any objections set out in its proposal, the Offeror must submit its proposal, including the cost proposal, on the basis of the terms and conditions set out in Appendix A. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions set out in Appendix A or to other provisions of the RFP as specifically identified above.

II-9. Small Diverse Business (SDB) Participation Submittal.A. To receive credit for being an SDB or for subcontracting with an SDB (including purchasing supplies and/or services through a purchase agreement), an Offeror must include proof of SDB qualification in the SDB participation submittal of the proposal.

B. In addition to the above verification letter, the Offeror must include in the SDB participation submittal of the proposal the following information:

1. All Offerors must include a numerical percentage which represents the total percentage of the work as a percentage of the total contract price (for purposes of this submittal assume a total contract price of $250,000) to be performed by the Offeror and not by subcontractors and suppliers.

2. All Offerors must include a numerical percentage which represents the total percentage of the work as a percentage of the total Contract price(for purposes of the SDB submittal only, assume a contract price of $250,000) paid to the Offeror under the contract that the Offeror commits to paying to SDBs as subcontractors.


a) The percentage of each subcontract commitment to an SDB;b) The name of each SDB. The Offeror will not receive credit for stating that

after the contract is awarded it will find an SDB. c) The services or supplies each SDB will provide, including the timeframe for

providing the services or supplies.d) The location where each SDB will perform services.e) The timeframe for each SDB to provide or deliver the goods or services.f) A subcontract or Letter of Intent signed by the Offeror and the SDB for each

SDB identified in the SDB Submittal. The subcontract or letter of intent must identify the specific work, goods or services the SDB will perform, how the work, goods or services relates to the project, and the specific timeframe during the term of the contract and any option/renewal periods when the work, goods or services will be performed or provided. In addition, the subcontract or letter of intent must identify the fixed percentage commitment and associated estimated dollar value that each SDB will receive based on an assumed total value of the initial term of the contract as $100,000 for SDB scoring purposes only. Attached as Appendix C is a letter of intent template which may be used to satisfy these requirements.

g) The name, address and telephone number of the primary contact person for each SDB.

3. The total percentages and each SDB subcontractor commitment will become contractual obligations once the contract is fully executed.

4. The name and telephone number of the Offeror’s project (contact) person for the SDB information.

C. The Offeror is required to submit two copies of its SDB participation submittal. The submittal shall be clearly identified as SDB information and sealed in its own envelope, separate from the remainder of the proposal.

D. An SDB can be included as a subcontractor with as many prime Contractors as it chooses in separate proposals.

E. An Offeror that qualifies as an SDB and submits a proposal as a prime Contractor is not prohibited from being included as a subcontractor in separate proposals submitted by other Offerors.

II-10. Cost Submittal. The information requested in this section shall constitute the Cost Submittal. The Cost Submittal shall be placed in a separate sealed envelope within the sealed proposal, separated from the technical submittal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-10 of this RFP any questions about whether/how a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office’s written answer so that all proposals are submitted on the same basis.


a. You must submit a comprehensive list of all tests and methods for which you hold current Pennsylvania certification and you wish to offer under the terms of this Contract. No tests should be included or referred to in the Cost Submittal for which you do not hold current Pennsylvania certification when available, even if you intend to obtain certification by the contract initiation date. You must include individual unit prices for each certified test listed. For each test listed, you must also designate a catalog number, item number, or other code that will easily associate the unit prices with the test on your invoices. See more detail in Part IV, Section 5.b.

i. If other charges are required as separate items to perform any given certified test, those items must be clearly identified as being additional, separate, required costs. Such items might include an upcharge for Mercury in a list of optional metals, percent moisture for soils reporting if not included in the unit cost, digestion if priced as a separate component from metals analysis, pH if priced separately from corrosivity, etc. No test component should be bundled or combined with any other required component price but all prerequisite tests must be indicated clearly as a required component to complete a given method.

ii. If other charges are optional as add-ons or additional services, they should be listed separately with their own code and cost. Such items might include metals filtering, sampling equipment such as TerraCore kits or summa can rentals, itemized dioxin reporting if only total dioxin is used to calculate your base cost for the analysis, etc.

b. You must provide technical expertise hourly rates for various labor classifications to be applied if the Contractor is required by the Commonwealth to provide expert testimony in court, perform studies, or develop new analytical methods. These hourly rates shall include all costs for overhead, benefits, and incidential administrative expenses and profit. Any actual time spent traveling to and from the locations of meetings or testimony included in this paragraph shall be included as incidential administrative expense and part of the unit price. Travel and subsistence costs associated with attendance at meetings, developing methods, or providing testimony is not an incidential administrative expense and shall be reimbursed in accordance with the most current version of the Commonwealth Management Directive 230.10, Commonwealth Travel Policy. You must provide unit hourly rates for the following labor classifications or their equivalent, at a minimum:

1. Project Manager2. Chemist3. Lab Manager4. QA/QC Manager5. Technician6. Principal Specialist

c. The proposed unit prices contained therein shall be valid for a period of two hundred seventy (270) days from the date of submission by the proposer and throughout the initial two (2) year term of the contract, if awarded. Escalation of the unit prices after


the initial two (2) year term of the contract will be allowed according to the terms of the contract agreement included in Appendix A of this RFP.

d. All field samples, field blanks and duplicates, trip blanks, and rinsates shall be individually billable. Matrix spikes and matrix spike duplicates prepared from samples submitted by the Commonwealth and required for analyses designated by the Commonwealth shall be individually billable. Method blanks, laboratory QA/QC samples and laboratory reference standards are considered a part of the required laboratory quality control procedures and are not individually billable items.

e. Unit prices for laboratory tests in the Cost Submittal shall include labor, overhead, disposal of samples after analysis, deliverables as described in Section IV-5 of this RFP, supplies, equipment, packing material, sampling containers, fixatives, preservatives, shipping coolers, and shipment of containers, supplies and coolers to the Commonwealth as required in this RFP.

g. Any and all incidental anticipated costs must be identified and assigned a cost and a catalog number, item number or other code in the Cost Submittal in order to be billable under this contract. These costs may include such items as unused sampling container fees or lost coolers, surcharges for cleanup methods such as Florisil columns, upcharges for increased method sensitivity such as Selected Ion Monitoring reporting, charges for additional copies of analysis reports or EDD formats, courier services to various locations throughout the Commonwealth, extended reporting lists, radioactive mixed waste disposal fees, expedited turnaround time (“TAT”) surcharges, additional confirmatory instrument runs, sample prep for unusual matrices, and Tentatively Identified Compounds (“TIC”) lists. Any fee-based service offered or referred to in the Technical Submittal must have a corresponding price and catalog number or item number in the Cost Submittal.

h. When new billable procedures or certified methods are developed that are of interest to the Commonwealth, the Commonwealth will integrate these new tests through a change order according to the terms of this contract. The Commonwealth will request that the Contractor submit its understanding of the work specified and a unit price and catalog number for performance of that work. All new tests and procedures are subject to review and approval by the PADEP LCM.

Only work satisfactorily performed after execution of a written contract, after the Contractor’s receipt of a notice to proceed from the Commonwealth, and after the contract term has begun will be reimbursed.

II-11. Domestic Workforce Utilization Certification. Complete and sign the Domestic Workforce Utilization Certification contained in Appendix D of this RFP. Offerors who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form in the same sealed envelope with the Technical Submittal.


PART III

CRITERIA FOR SELECTION III-1. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be:

A. Timely received from an Offeror (as per Section I-6, Calendar of Events);

B. Properly signed by the Offeror (see Appendix B, Proposal Cover Sheet).

III-2. Technical Nonconforming Proposals. The two (2) Mandatory Responsiveness Requirements set forth in Section III-1 above (A-B) are the only RFP requirements that the Commonwealth will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in an Offeror’s proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offeror’s proposal.

III-3. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals. Independent of the committee, BDISBO will evaluate the SDB Submittal and provide the Issuing Office with a rating for this component of each proposal. The Issuing Office will notify in writing of its selection for negotiation the responsible Offeror whose proposal is determined to be the most advantageous to the Commonwealth as determined by the Issuing Office after taking into consideration all of the evaluation factors.

III-4. Criteria for Selection. The following criteria will be used in evaluating each proposal.

A. Technical: The Issuing Office has established the weight for the Technical criterion for this RFP as 50% of the total points. Evaluation will be based upon the following in order of importance:

Contractor Qualifications. This refers to the ability of the Contractor to meet the terms of the RFP, especially the time constraint and the quality, relevancy, and recency of analyses and projects completed by the Contractor. This also includes the Contractor’s financial ability to undertake a project of this size.

Professional Personnel. This refers to the competence of professional personnel who would be assigned to the job by the Contractor. Qualifications of professional personnel will be measured by experience and education, with particular reference to experience on services similar to that described in the RFP.

Soundness of Approach. Of importance is whether the technical approach is completely responsive to all written specifications and requirements contained in the RFP and if it appears to meet agency objectives.


Available Facilities. Emphasis in this area is placed on:

1) Modern, well equipped environmental laboratory facilities will be considered.

2) Size and capacity of laboratory facilities will be considered.

3) Location of laboratory facilities relative to the Department’s regional offices will be considered.

Understanding of the Problem. This refers to the Contractor’s understanding of the agency needs that generated the RFP, of the agency’s objectives in asking for the services, and of the nature and scope of the work involved.

B. Cost. The Issuing Office has established the weight for the Cost criterion for this RFP as 30% of the total points. Evaluation will be based upon a comparison of each Offeror’s Rates for services. The Department will be determining the lowest cost based on a scoring formula established for cost submittals.

C. Small Diverse Business (SDB) Participation. BDISBO has established the weight for the SDB participation criterion for this RFP as 20% of the total points. Each SDB participation submittal will be rated for its approach to enhancing the utilization of SDBs in accordance with the below-listed priority ranking and subject to the following requirements:

1. A business submitting a proposal as a prime Contractor must perform 60% of the total contract to receive points for this criterion under any priority ranking.

2. To receive credit for an SDB subcontracting commitment, the SDB subcontractor must perform at least fifty percent (50%) of the work subcontracted to it.

3. A significant subcontracting commitment is a minimum of five percent (5%) of the total contract.

4. A subcontracting commitment less than five percent (5%) of the total contract is considered nominal and will receive reduced or no additional SDB points depending on the priority ranking.

Priority Rank 1: Proposals submitted by SDBs as prime Offerors will receive 150 points. In addition, SDB prime Offerors that have significant subcontracting commitments to additional SDBs may receive up to an additional 50 points (200 points total available).

Subcontracting commitments to additional SDBs are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. All other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below.


Priority Rank 2: Proposals submitted by SDBs as prime Contractors, with no or nominal subcontracting commitments to additional SDBs, will receive 150 points.

Priority Rank 3: Proposals submitted by non-small diverse businesses as prime Contractors, with significant subcontracting commitments to SDBs, will receive up to 100 points. Proposals submitted with nominal subcontracting commitments to SDBs will receive points equal to the percentage level of their total SDB subcontracting commitment.

SDB subcontracting commitments are evaluated based on the proposal offering the highest total percentage SDB subcontracting commitment. All other Offerors will be scored in proportion to the highest total percentage SDB subcontracting commitment within this ranking. See formula below.

Priority Rank 4: Proposals by non-small diverse businesses as prime Contractors with no SDB subcontracting commitments shall receive no points under this criterion.

To the extent that there are multiple SDB Participation submittals in Priority Rank 1 and/or Priority Rank 3 that offer significant subcontracting commitments to SDBs, the proposal offering the highest total percentage SDB subcontracting commitment shall receive the highest score (or additional points) available in that Priority Rank category and the other proposal(s) in that category shall be scored in proportion to the highest total percentage SDB subcontracting commitment. Proportional scoring is determined by applying the following formula:

SDB % Being Scored x Points/Additional = Awarded/AdditionalHighest % SDB Commitment Points Available* SDB Points

Priority Rank 1 = 50 Additional Points AvailablePriority Rank 3 = 100 Total Points Available

Please refer to the following webpage for an illustrative chart which shows SDB scoring based on a hypothetical situation in which the Commonwealth receives proposals for each Priority Rank:

http://www.portal.state.pa.us/portal/server.pt/community/rfp_scoring_formulas_overview/20124.

D. Domestic Workforce Utilization. Any points received for the Domestic Workforce Utilization criterion are bonus points in addition to the total points for this RFP. The maximum amount of bonus points available for this criterion is 3% of the total points for this RFP.

To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization


http://www.portal.state.pa.us/portal/server.pt/community/rfp_scoring_formulas_overview/20124


Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. See the following webpage for the Domestic Workforce Utilization Formula:

http://www.portal.state.pa.us/portal/server.pt/community/rfp_scoring_formulas_overview/20124.

Offerors who seek consideration for this criterion must submit in hardcopy the signed Domestic Workforce Utilization Certification Form in the same sealed envelope with the Technical Submittal. The certification will be included as a contractual obligation when the contract is executed.

III-5. Offeror Responsibility. To be responsible, an Offeror must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract.

In order for an Offeror to be considered responsible for this RFP and therefore eligible for selection for best and final offers or selection for contract negotiations:

A. The total score for the technical submittal of the Offeror’s proposal must be greater than or equal to 70% of the available technical points; and

B. The Offeror’s financial information must demonstrate that the Offeror possesses the financial capability to assure good faith performance of the contract. The Issuing Office will review the Offeror’s previous three financial statements, any additional information received from the Offeror, and any other publicly-available financial information concerning the Offeror, and assess each Offeror’s financial capacity based on calculating and analyzing various financial ratios, and comparison with industry standards and trends.

An Offeror which fails to demonstrate sufficient financial capability to assure good faith performance of the contract as specified herein may be considered by the Issuing Office, in its sole discretion, for Best and Final Offers or contract negotiation contingent upon such Offeror providing contract performance security for the first contract year cost proposed by the Offeror in a form acceptable to the Issuing Office. Based on the financial condition of the Offeror, the Issuing Office may require a certified or bank (cashier’s) check, letter of credit, or a performance bond conditioned upon the faithful performance of the contract by the Offeror. The required performance security must be issued or executed by a bank or surety company authorized to do business in the Commonwealth. The cost of the required performance security will be the sole responsibility of the Offeror and cannot increase the Offeror’s cost proposal or the contract cost to the Commonwealth.

Further, the Issuing Office will award a contract only to an Offeror determined to be responsible in accordance with the most current version of Commonwealth Management Directive 215.9, Contractor Responsibility Program.




III-6. Final Ranking and Award.

A. After any BAFO process conducted, the Issuing Office will combine the evaluation committee’s final technical scores, BDISBO’s final SDB participation scores, the final cost scores, and (when applicable) the domestic workforce utilization scores, in accordance with the relative weights assigned to these areas as set forth in this Part.

B. The Issuing Office will rank responsible Offerors according to the total overall score assigned to each, in descending order.

C. The Issuing Office will select for contract negotiations the Offerors ranked with the highest overall scores; PROVIDED, HOWEVER, THAT AN AWARD WILL NOT BE MADE TO AN OFFEROR WHOSE PROPOSAL RECEIVED THE LOWEST TECHNICAL SCORE AND HAD THE LOWEST COST SCORE OF THE RESPONSIVE PROPOSALS RECEIVED FROM RESPONSIBLE OFFERORS. IN THE EVENT SUCH A PROPOSAL ACHIEVES THE HIGHEST OVERALL SCORE, IT SHALL BE ELIMINATED FROM CONSIDERATION AND AWARDS SHALL BE MADE TO THE OFFERORS WITH THE NEXT HIGHEST OVERALL SCORES.

The Issuing Office has the discretion to reject all proposals or cancel the request for proposals, at any time prior to the time a contract is fully executed, when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation shall be made part of the contract file.


PART IV

WORK STATEMENT IV-1. Objectives. The selected Offeror(s) will serve as an analytical laboratory resource to be called upon by the Issuing Office as needed during the contract period, to provide laboratory services for the agency’s Land Recycling, Hazardous Sites Cleanup, and the Storage Tank Programs. Other related work may be issued under this contract. IV-2. Nature and Scope of the Project. All work in this contract covers sample analysis for the Commonwealth of Pennsylvania Department of Environmental Protection (“PADEP”). PADEP employees and their consultants will collect the samples to be analyzed under this contract and the Offeror will provide analytical services on an on-call basis. Samples will be collected and shipped from locations throughout the Commonwealth.

Work will include the analysis of waters, soils, sediments, vapors, oils, pure products, wastes, and other media, using procedures and methodology from a variety of sources, including but not limited to Association Of Analytical Communities, Environmental Protection Agency, Standard Methods, and American Society for Testing and Materials. IV-3. Requirements. In addition to requirements contained in other parts of this RFP, the Contractors’s attention is called to the following work requirements.

a. Laboratory Accreditation. All laboratories used to conduct analyses under this contract must meet the requirements of the Pennsylvania Environmental Laboratory Accreditation Act of 2002, 27 Pa C. S. §§ 4101 – 4113 (“the Act”), any regulations issued under this act that may become effective during the term of the contract, and be Accredited as environmental laboratories in Pennsylvania or Pennsylvania accredited in the NELAP program according to the guidelines set forth in the Act. Any loss or lack of applicable Accreditation or loss of any method certification shall require notification of the PADEP LCM via email within two working days.

b. Sample Containers, Supplies, and Delivery. The Contractor shall provide all sample collection containers, bottles, COC forms, shipping containers or coolers, packing materials, purified water, preservatives, and fixatives that are necessary to collect, transport and analyze the required samples. The sample containers or bottles shall be certified clean and ready for sample collection. The Contractor shall provide transportation of the appropriate sampling supplies and shipping containers to the location identified on the work request.

The Commonwealth will be responsible for sample collection activities. The Contractor must be willing to accept samples taken in containers provided by the Commmonwealth, if requested.

The Commonwealth will arrange for the shipment of samples by a courier or the Commonwealth may hand deliver the samples to the Contractor’s laboratory. All costs for such transportation will be paid for by the Commonwealth. The Contractor must be


available to accept sample shipment and maintain COC twenty-four (24) hours a day, seven (7) days a week. When the receiving Contractor location is unable to perform all required tests, samples will be shipped from the receiving location to the necessary subcontractors or auxillary locations at the Contractor’s expense.

When the Commonwealth is unable to provide transportation of samples from the collection site to the Contractor’s laboratory, the Commonwealth may require the Contractor to provide this service at Commonwealth expense. This transportation must include maintenance of required COC for the samples. Transportation could be required from any location in the Commonwealth to the Contractor’s laboratory. Requests for transportation would be submitted separately from requests for analysis unless the transporation is part of a Contractor’s normal schedule of services and clearly described on the Cost Submittal.

c. Single Point of Contact. The Contractor will be required to work cooperatively with Commonwealth personnel and consultants to complete task activities. Under this contract, the PADEP LCM shall be the central point of contact for communications between the Contractor and the Department. In turn, the Contractor shall identify in their proposal a Contractor Project Manager (CPM) who will serve as a single point of contact for all communications regarding this contract. The CPM will be the focus of communications for the Contractor and all of it’s various laboratories and subcontractors. The proposal should also identify two Backup Project Managers who will serve as the primary CPM in the absence of the primary CPM.

If, during the course of the Contract, the Contractor finds that it cannot provide personnel identified as CPMs or Backup CPMs as proposed in the proposal, the Contractor may provide substitute personnel with approval from the Commonwealth. Such request for approval must include the following:

A. Explain the reasons why the originally-designated person(s) cannot be provided.B. Demonstrate that the qualifications of the substituted personnel are equal to or

better than the originally proposed person(s).C. Warrant that the substitution will be provided at no additional cost to the

Commonwealth.D. Include a resume and any other information which was required by this RFP for

the original person.

d. Communication and Scheduling. The Contractor will be required to work cooperatively with Commonwealth personnel and consultants to complete task activities.Samples will be scheduled at least one (1) week in advance unless otherwise accepted by the Contractor. Work will be scheduled via direct written communication between the CPM and the PADEP LCM or a backup delegate assigned in writing by the PADEP LCM. The Contractor will have 24 hours to accept each written work request. Acceptance of each request must be communicated directly between the CPM and the PADEP LCM, verbally or in writing. Any work requests not accepted within 24 hours are subject to withdrawal at the discretion of the PADEP LCM.


Contractor shall deliver preliminary analytical reports to all interested parties identified on the Commonwealth workorders within the turnaround time specified on the workorders, or otherwise approved by the PADEP LCM. Turnaround time for reporting shall be calculated from the time of the sample receipt at the laboratory as documented on the Chain of Custody or from the time a clear, precise workorder is established in the case that inconsistent or unclear information must be resolved prior to sample log-in. Turnaround times are measured in business days.

If the Contractor receives samples with incomplete or unclear information on the Chain of Custody form, the Contractor shall initiate contact with Commonwealth personnel, including the PADEP LCM and Commonwealth-assigned delegates or contractors, in order to clarify any discrepancy between the Chain of Custody request and the Commonwealth workorders. Any necessary Commonwealth workorder changes resulting from Chain of Custody or other sample receiving discrepancies will be valid only when authorized, verbally or in writing, by the PADEP LCM or backup delegate assigned in writing by the PADEP LCM. In the event the Contractor proceeds with work not approved by the PADEP LCM or backup delegate, it shall be at the Contractor’s own risk. The Commonwealth shall be under no obligation to pay for work performed outside of Commonwealth workorders.

e. Safety and Disposal. The samples to be analyzed by the Contractor are from known or suspected hazardous sites and, potentially, may contain hazardous inorganic and/or organic materials at high concentration levels. The Contractor should be aware of the potential hazards associated with the handling and analyses of these samples. It is the Contractor’s responsibility to take all necessary measures to ensure the health and safety of its employees.

The Contractor shall retain PADEP samples for a period of thirty (30) calendar days from the date of submittal unless otherwise instructed in writing by the Commonwealth. If the Commonwealth requests additional storage time, the Contractor shall maintain custody of the samples and will be eligible for extra compensation for such storage per the terms of the Cost Submittal.

It is also the Contractor’s responsibility to dispose of samples and associated laboratory wastes according to applicable Federal, State, and local regulations. Contractors must include the cost of disposal in the cost per sample price submitted on the complete Cost Submittal.

f. Subcontractors. The Commonwealth must approve all subcontractors that will provide work, prior to work being performed. The Commonwealth requires that terms and conditions from the prime contract be incorporated into the subcontract agreements. It will be the Contractor’s responsibility to coordinate communication between the subcontractor and the PADEP LCM.

g. Technical Expertise. The Contractor may be required to provide technical experts for meetings and to facilitate analytical method modification and/or development.


Once the Contractor has an understanding of the scope and nature of the project, they will

submit a proposal for approval by the Commonwealth. After a proposal has been

finalized by the Contractor it may be approved on a not-to-exceeed basis by the

Commonwealth. Quoted project costs may not be exceeded without the Commonwealth

first issuing a change order for extra expenditures.

The Contractor may be required to provide technical experts to testify as expert witnesses

in court on behalf of the Commonwealth. Time spent preparing testimony and court

time, as well as any applicable per diem, will be paid for by the Commonwealth.

IV-4. Tasks.

Task 1 Receive and Prepare Samples

The Contractor shall receive and handle samples under the COC and sample documentation procedures outlined in the laboratory’s Quality Assurance Manual.

Duplicate samples and field blanks shall each be considered separate full analyses. All other QA/QC requirements are considered an inherent part of the contract and are included in the contract sample unit price. Laboratory Control Samples (LCSs) are not separately billable items to the Commonwealth.

Should a sample require analysis at a specialty Contractor or Subcontractor laboratory and be shipped initially to the main Contractor facility, the sample shall be repacked and forwarded appropriately at no cost to the Commonwealth.

Task 2 Extract and Analyze Samples

All analysis must be run in strict accordance with the methodology cited on the work request or equivalent methods for which the laboratory has current PADEP certification. Task 3 Quantitation of Compounds Verified

Samples may be initially run diluted or undiluted at the discretion of the Contractor. When an analytic concentration exceeds the calibrated or linear range, appropriate dilution and re-analyses is required for the analysis to be considered complete. In such cases, all runs shall be treated as a single analysis for billing purposes.


The Commonwealth may also elect to submit performance evaluation (PE) samples for analysis. The results of the PE samples may be used as a grounds for termination of noncompliant Contractors. “Compliant performance” is defined as that which yields correct compound identification and concentration values as determined by the Commonwealth, as well as meeting the contract requirements for QA/QC, data reporting, deliverables, and sample custody. The Commonwealth shall not be billed for PE samples.

Task 4 Provide Reports, Deliverables and Sample Results

The Contractor is responsible for reporting of data according to this RFP. The Contractor shall be responsible for completing and returning analysis data sheets and for submitting computer-readable data on a CD-ROM in the format specified in this RFP.

IV-5. Reports and Project Control. The Contractor shall provide reports and other deliverables as specified. All reports and deliverables described in this section shall be a part of the unit prices provided on the Cost Submittal. All reports must be submitted in readable form or a resubmission will be required at no additional cost to the Commonwealth.

a. Progress Reports. The Contractor shall provide progress reports upon request by the Commonwealth, specifying number of samples received by time period, project number, dates received, and dates of deliverable packages.

b. Standard and Nonstandard Turnaround Time Deliverables. The required turnaround time for sample results submitted to the Commonwealth will vary per the the workorder instructions. However, the default turnaround time will be ten (10) business days for EDD results to be emailed to all parties of interest identified on the workorders, followed by a final analysis report emailed as a PDF to all parties identified on the workorders within twenty (20) business days. Additinally, the final analysis report and EDD both must be sent by mail on a single CD-ROM to both the Commonwealth regional office and to the PADEP LCM at the Commonwealth’s Issuing Office. Each CD-ROM must be labelled with the date of the last sample received in the delivery group, the laboratory-specified delivery group identifier, the client-designated project number and the site name listed on the original workorders. The turnaround time is defined as the time from which the last sample in a delivery group is received by the laboratory (validated time of sample receipt with corresponding clear and precise workorders) to the time the CD-ROM containing the final anaysis report and EDD is received by the Commonwealth’s Issuing Office.

For samples requiring a turnaround time of less than ten (10) business days, the COC, case narrative, and the single sample summaries or an equivalent preliminary results package must be received by email with results in EDD format by the Commonwealth’s regional office and by the PADEP LCM, as well as any other listed parties on the original workorders within the required turnaround time. The final analysis report must be received as described above within the usual twenty (20) business day turnaround time.


c. Final Data Report. No raw data is required in the final data reports. The final data report shall include the following:

1) Cover/Signature/TitlePage2) Table of Contents3) Report Narrative/Case Narrative4) Method Summary5) Sample Summary/Reference List6) Photocopy of Client/Field Chain of Custody7) Sample Receipt Documentation8) Interlab Chain of custody (where applicable)9) Glossary of Terms and Abbreviations10) Sample Data Summary11) QC Summary including duplicate, matrix spike, matrix spike

duplicate, laboratory control sample, surrogate recovery and blank sample results

12) Tuninng saummary and internal standard summary for GC/MS or ICP/MS

13) MDL/RL Summary (if not identified on the sample sheets)14) Initial and continuing calibration summary forms15) Standardization summaries

d. EDD. The EDD shall be provided as specified in Part IV-5 b. in the format shown in Attachment E. No other EDD formats will be accepted without the written consent of the PADEP LCM.

e. Late Delivery. The Contractor must immediately advise the PADEP LCM of any circumstance or event that could result in late completion of any task called for to be complete on a date certain. The Commonwealth may authorize an extension to the required delivery date for a final data report or preliminary data package caused by events woulch could not easily be anticipated and which are beyond the control of the Contractor. The Contractor must request authorization for an extension to the required delivery date of a final data report promptly when it learns of the potential cause for delay and written request for the extension must be submitted to the PADEP LCM. Approval or denial of an extension will be submitted in writing from the PADEP LCM. Unauthorized delays may subject the Contractor to non-payment for work performed.

f. Invoice. The final invoice shall be submitted to the Commonwealth Issuing Office along with the original field chains of custody. No copies of invoices will be sent to any other Commonwealth office or agent except by request of the PADEP LCM.

Invoices must contain, at a minmum:1) Contractor Name2) Vendor ID Number3) Remit Address4) Invoice Number5) Commonwealth Contract Number


6) Site Name7) Requisition Number8) Time Period for Invoice9) Invoice Date10) Catalog Number or other identifier from Cost Submittal for each

item requested on workorders11) Quantity of each item not to exceed the quantity approved for each

DEPID identified on the workorders12) Cost for each item not exceeding the Cost Submittal amount for

the item’s corresponding catalog number or other identifier 13) Line item total for each invoiced catalog number or other identifier14) Invoice grand total

No payments shall be made to the Contractor for expenses other than those shown in the Cost Submittal and linked to a valid DEPID from official Commonwealth workorders. Any errors in quantity, pricing, or arithmetic shall render the invoice void. No part of a voided invoice will be paid and the entire invoice will be returned to the Contractor for correction and reinvoicing. Any reinvoice must be received by the Commonwealth within 90 days of void notification or the Contractor risks non-payment.


APPENDIX AAGREEMENT

BY AND BETWEEN THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND(CONTRACTOR)

THIS AGREEMENT, made this ______ day of ____________________, ______, by and between the PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter referred to as “DEPARTMENT” and ____________________, hereinafter referred to as “CONTRACTOR.”

WHEREAS, the DEPARTMENT is desirous of retaining a contractor to provide interim response and remediation services pursuant to the passage by the Pennsylvania Legislature of the Hazardous Sites Cleanup Act, Act 108 of October 18, 1988, 35 P.S. 6020.101 – 6020.1305, the Land Recycling and Environmental Remediation Standards Act, Act 2 of May 19, 1995, 35 P.S. 6026.101 – 6026.908, and the Storage Tank and Spill Prevention Act, Act 32 of July 6, 1989, 35 P.S. 6021.101 – 6021.2104; and

WHEREAS, the DEPARTMENT issued a Request for Proposal to contract for services to provide laboratory analytical services as set forth in this Agreement and the attachments hereto; and

WHEREAS, the CONTRACTOR submitted a proposal to provide the aforementioned services.

NOW, THEREFORE, the parties hereto, intending to be legally bound, mutually agree as follows:

1. CONTRACTOR AGREES:

1.1 CONTRACTOR shall make its services readily available to the DEPARTMENT on an as-needed basis in accordance with this Agreement and the attachments herein to provide laboratory analytical services relating to Pennsylvania’s Environmental Cleanup Programs. It is agreed that there will be no minimum or guaranteed amount of work offered as a result of this Agreement.

1.2 That the services of the CONTRACTOR shall commence upon execution of this Agreement and continue for a period of two (2) years. The effective date shall be fixed by the DEPARTMENT after this Agreement has been fully executed by the CONTRACTOR and by the DEPARTMENT and all approvals required by the Commonwealth contracting procedures have been obtained. The CONTRACTOR may be offered options to annually renew the Agreement upon the terms and conditions set forth herein for up to three (3) additional years. The DEPARTMENT reserves the right, upon notice to the CONTRACTOR, to extend the term of the Agreement for up to three (3) months upon the same terms and conditions and only for the time necessary, up to three (3) months, to enter into a new contract.

1.3 To perform high quality, complete and accurate laboratory analytical services consistent with high professional standards and in a timely manner in accordance with the directions of the DEPARTMENT, the contract documents attached and referenced herein, and the terms of this Agreement.

1.4 To provide laboratory analytical services only after receiving written authorization from the DEPARTMENT through work orders signed by the DEPARTMENT”S Contract


Officer. The CONTRACTOR agrees that it is at risk of nonpayment for any work it performs outside the scope of the DEPARTMENT’S work orders.

1.5 To immediately report to the DEPARTMENT all samples lost or broken in shipment. In case of breakage, loss of or failure to produce results for any sample after receipt of the sample by the CONTRACTOR, CONTRACTOR agrees to reimburse the DEPARTMENT in the amount of $500.00 per sample for the cost of re-sampling. In the event that any sample result fails to comply with the Quality Assurance / Quality Control (QA/QC) requirements contained in the Contract Documents attached and referenced herein, CONTRACTOR agrees that it will not be entitled to payment for the sample. If the CONTRACTOR is negligent in conducting laboratory analytical services in that it does not yield valid test results that comply with the QA/QC requirements contained in the Contract Documents attached and referenced herein, CONTRACTOR agrees to reimburse the DEPARTMENT in an amount of $500.00 per sample for the cost of re-sampling.

1.6 To submit to the DEPARTMENT all reports within the time period as required by the Agreement, the contract documents attached and referenced herein, and the DEPARTMENT’S written work orders.

1.7 To CONTRACTOR agrees that time is of the essence of this Agreement and agrees to liquidated damages as set forth herein. Liquidated damages may be assessed in an amount of two (2) percent of the unit price per day, up to one hundred (100) percent of the unit price, for each day that the sample data package is submitted after the turnaround time required by the DEPARTMENT in its work order. The liquidated damages may be assessed on the entire sample or on components of the samples analyzed under separate methods and unit prices. The decision to assess liquidated damages is at the sole discretion of the DEPARTMENT.

1.8 To provide subcontractor proposals to the DEPARTMENT, for the DEPARTMENT’S review and approval.

1.9 The CONTRACTOR agrees to notify the DEPARTMENT of any lack or loss of Accreditation for any parameter, matrix, or method covered by the contract within two (2) working days.

1.10 The CONTRACTOR has submitted in its cost and price proposal a list of unit prices to be paid for laboratory analytical services performed under this Agreement. After the initial two (2) year contract term, the CONTRACTOR will be entitled to no more than a five (5) percent increase in unit prices, which will be effective for the duration of all renewals issued under this Agreement. The escalation of unit prices for the contract renewal options is not effective until the DEPARTMENT issues a written notice accepting the escalation.

At the request of the DEPARTMENT, the CONTRACTOR may submit proposals for new unit prices, for new analytical methods that may be required under this Agreement. The new unit prices will not be effective until the DEPARTMENT approves the new unit prices under paragraph 4.19, Changes, of this Agreement.

1.11 To submit work order specific invoices for services rendered to the DEPARTMENT upon completion of work. The CONTRACTOR shall submit a copy of the invoice to the


DEPARTMENT’S designated Regional Project Manager. The original is to be mailed to the person designated by the DEPARTMENT as responsible for processing invoices. The CONTRACTOR agrees to include on all invoices the contract number, vendor number, work order number, sample number, unit price numbers and unit price description.

The CONTRACTOR shall submit final invoices to the DEPARTMENT within ninety (90) days from the date of the expiration of this Agreement. The CONTRACTOR agrees that invoices submitted after this date will not be reimbursed.

2. DEPARTMENT AGREES:

2.1 That staff members of the DEPARTMENT will cooperate with the CONTRACTOR on performance of its service under this Agreement and will be available for consultation with the CONTRACTOR at such reasonable periods that will not conflict with their other responsibilities.

2.2 To provide work orders in writing. The DEPARTMENT is not obligated to pay the CONTRACTOR for work performed outside the scope of these written orders.

2.3 To pay the CONTRACTOR for the services that are satisfactorily performed according to the requirements of this Agreement. The DEPARTMENT shall put forth reasonable effort to make payment within forty five (45) days of receipt of an invoice. Payment may be delayed if the payment amount on the invoice is not based on the unit price as stated in the Agreement, the DEPARTMENT has not accepted the work as satisfactorily performed, the invoice does not contain the required information, or the DEPARTMENT intends to access liquidated damage.

Payment shall not be construed by the CONTRACTOR as acceptance of service performed by the CONTRACTOR. The DEPARTMENT reserves the right to conduct further testing and inspection after payment, but within a reasonable time after performance, and to reject the service if such post payment testing or inspection discloses a defect or a failure to meet the requirements of this Agreement.

2.5 To pay the CONTRACTOR for work performed under this Agreement up

to a maximum of $___________ during the Agreement period. The maximum amount may be increased during the term of the Agreement in accordance with procedures as set forth in the Pennsylvania Department of General Services Field Procurement Handbook (M215.3).

2.6 The DEPARTMENT shall approve each invoice for payment within 45 days of receipt of the invoice. When approval is rendered, the invoice will be forwarded to the Comptroller’s Office for further processing and payment. During the 45 day review period, the DEPARTMENT will attempt to resolve any disputed items. Any items unresolved will be disallowed and the remaining items will be submitted to the Comptroller’s Office for further processing.


3. CONTRACT DOCUMENTS:

3.1 The following documents are attached hereto, incorporated herein, and made a part of this Agreement:(a) Attachment A. Provisions for Commonwealth Contracts

(b) Attachment B. Nondiscrimination/Sexual Harassment Clause

(c) Attachment C. Recycled Contents Products Provision

3.2 In the event of a conflict or dispute, unless otherwise specified in this Agreement, the terms and conditions of this Agreement and Attachments A, B and C shall take precedence over the terms and conditions of all other Attachments.

4. IT IS MUTUALLY UNDERSTOOD AND AGREED by the parties hereto as follows:

4.1 Independent Contractor: In performing the services required by this Agreement, the CONTRACTOR will act as an independent contractor and not as an employee or agent of the Commonwealth.

4.2 Compliance with Law: The CONTRACTOR shall comply with all applicable federal and state laws and regulations and local ordinances in the performance of this agreement.

4.3 Environmental Provisions: In the performance of this Agreement, the CONTRACTOR shall minimize pollution and shall strictly comply with all applicable environmental laws and regulations.

4.4 Ownership Rights: The DEPARTMENT shall have unrestricted authority to reproduce, distribute, and use any submitted report, data, or material, and any software or modifications and any associated documentation that is designed or developed and delivered to the DEPARTMENT as part of the performance of the Agreement. The term “data” as used in this paragraph, includes logs, drawings or other graphic, electronic, chemical or mechanical representations; and work of any similar nature that are developed as part of the performance of the Agreement.

4.5 Release and Maintenance of Records: The CONTRACTOR agrees not to divulge or release any information, reports or recommendations developed or obtained in connection with the performance of work under this Agreement, except to DEPARTMENT personnel or upon written approval of the DEPARTMENT’S Contract Manager. The CONTRACTOR agrees to maintain documents and records developed under this Agreement for a period of three (3) years from the date of final payment.

4.6 Patent, Copyright, and Trademark Indemnity: The CONTRACTOR warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either:

a) the design of any product or process provided or used in the performance of this Agreement which is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or

b) any copyrighted matter in any report document or other material provided to the DEPARTMENT under this Agreement.


The CONTRACTOR shall defend any suit or proceeding brought against the DEPARTMENT on account of any alleged patent, copyright or trademark infringement in the United States of any of the products provided or used in the performance of this Agreement. This is upon condition that the DEPARTMENT shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the DEPARTMENT may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the DEPARTMENT at the CONTRACTOR’S written request, it shall be at the CONTRACTOR’S expense, but the responsibility for such expense shall be only that within the CONTRACTOR’S written authorization.

The CONTRACTOR shall indemnify and hold the DEPARTMENT harmless from all damages, costs, and expenses, including attorney’s fees that the CONTRACTOR or the DEPARTMENT may pay or incur by reason of any infringement or violation of the rights occurring to any holder of copyright, trademark, or patent interests and rights in any products provided or used in the performance of this Agreement. If any of the products provided by the CONTRACTOR in such suit or proceeding are held to constitute infringement, the CONTRACTOR shall, at its own expense and at its option, either procure the right to continue use of such infringement products, replace them with non-infringement equal performance products or modify them so they are no longer infringing. If the CONTRACTOR is unable to do any of the preceding, the CONTRACTOR agrees to remove all the equipment or software which are obtained contemporaneously with the infringing product, or, at the option of the DEPARTMENT, only those items of equipment or software which are held to be infringing, and to pay the DEPARTMENT:

1) any amounts paid by the DEPARTMENT towards the purchase of the product, less straight line depreciation;

2) any license fee paid by the DEPARTMENT for the use of any software, less an amount for the period of usage; and

3) the pro rata portion of any maintenance fee representing the time remaining in any period of maintenance paid for.

The obligations of the CONTRACTOR as stated above continue without time limit. No costs or expenses shall be incurred for the account of the CONTRACTOR without its written consent.

4.7 Assignment of Antitrust Claims: The CONTRACTOR and the DEPARTMENT recognize that in actual economic practice, overcharges by the CONTRACTOR’S suppliers resulting from violations of state or federal antitrust laws are in fact borne by the DEPARTMENT. As part of the consideration for the award of the Agreement, and intending to be legally bound, the CONTRACTOR assigns to the DEPARTMENT all right, title and interest in and to any claims the CONTRACTOR now has, or may acquire under state or federal antitrust laws relating to the products and services which are the subject of this Agreement.

4.8 Audit Provisions: The DEPARTMENT shall have the right, at reasonable times and at a site designated by the DEPARTMENT, to audit the books, documents and records of the


CONTRACTOR to the extent that the books, documents and records relate to costs or pricing data for this Agreement. The CONTRACTOR agrees to maintain books, documents, and records that relate to costs or pricing data for this Agreement for a period of three (3) years from the date of final payment. The CONTRACTOR shall give full and free access to all records to the DEPARTMENT and/or their authorized representatives.

4.9 Suspension: When the terms and conditions of this Agreement are not materially being met, the DEPARTMENT may, upon written notice to the CONTRACTOR, suspend the Agreement until corrective action has been taken to the satisfaction of the DEPARTMENT, or until the Agreement is terminated.

4.10 Default: The DEPARTMENT may, subject to the provisions of paragraph 4.11, Force Majeure, and in addition to its other rights under this Agreement, declare the CONTRACTOR in default by written notice thereof to the CONTRACTOR, and terminate (as provided in paragraph 4.12, Termination Provisions) the whole or any part of this Agreement for any of the following reasons:


a. Failure to begin work within the time specified in the Agreement or as otherwise specified;

b. Failure to perform the work with sufficient labor, equipment, or material to insure the completion of the specified work in accordance with the terms of this Agreement;

c. Unsatisfactory performance of the work;d. Failure or refusal to remove material, or remove and replace any work rejected as

defective or unsatisfactory;e. Discontinuance of work without approval;f. Failure to resume work, which has been discontinued, within a reasonable time after

notice to do so;g. Insolvency or bankruptcy;h. Assignment made for the benefit of creditors;i. Failure or refusal within 10 days after written notice by the Contract Officer, to make

payment or show cause why payment should not be made, of any amounts due for materials furnished, labor supplied or performed, for equipment rentals, or for utility services rendered;

j. Failure to protect, to repair, or to make good any damage or injury to property; ork. Breach of any provision of this Agreement.

In the event that the DEPARTMENT terminates this Agreement in whole or in part as provided above, the DEPARTMENT may procure, upon terms and in such manner as it determines, services similar or identical to those so terminated, and the CONTRACTOR shall be liable to the DEPARTMENT for any reasonable excess costs for such similar or identical services included within the terminated part of the Agreement.

If the Agreement is terminated as provided above, the DEPARTMENT, in addition to any other rights provided in this paragraph, may require the CONTRACTOR to transfer title and deliver immediately to the DEPARTMENT in the manner and to the extent directed by the DEPARTMENT, such partially completed work, including, where applicable, reports, working papers and other documentation, as the CONTRACTOR has specifically produced or specifically acquired for the performance of such part of the Agreement as has been terminated. Except as provided below, payment for completed work and partially completed work accepted by the DEPARTMENT shall be made according to the terms of this Agreement. The DEPARTMENT may withhold from amounts otherwise due the CONTRACTOR for such completed or partially completed works, such sum as the Contract Manager determines to be necessary to protect the DEPARTMENT against loss.

The rights and remedies of the DEPARTMENT provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

The DEPARTMENT’S failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by the DEPARTMENT of its rights and remedies in regard to the event of default or any succeeding event of default.

Following exhaustion of the CONTRACTOR’S administrative remedies as set forth in paragraph 4.13, the CONTRACTOR’S exclusive remedy shall be to seek damages in the Board of Claims.


4.11 Force Majeure: Neither party will incur liability to the other if its performance of any obligation under this Agreement is prevented or delayed by causes beyond its control and without the fault or negligence of either party. Causes beyond a party’s control may include, but are not limited to, acts of God or war, changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes.

The CONTRACTOR shall notify the DEPARTMENT orally within five (5) days and in writing within ten (10) days of the date on which the CONTRACTOR becomes aware, or should have reasonably become aware, that such cause would prevent or delay its performance. Such notification shall

a) describe fully such cause(s) and its effect on performance,

b) state whether performance under the Agreement is prevented or delayed and

c) if performance is delayed, state a reasonable estimate of the duration of the delay.

The CONTRACTOR shall have the burden of proving that such cause(s) delayed or prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the DEPARTMENT may reasonably request. After receipt of such notification, the DEPARTMENT may elect either to cancel the Agreement or to extend the time for performance as reasonably necessary to compensate the CONTRACTOR’S delay.

In the event of a declared emergency by competent governmental authorities, the DEPARTMENT by notice to the CONTRACTOR, may suspend all or a portion of the Agreement.

4.12 Termination Provisions: The DEPARTMENT has the right to terminate this Agreement for any of the following reasons. Termination shall be effective upon written notice to the CONTRACTOR.


a. Termination for Convenience: The DEPARTMENT shall have the right to terminate the Agreement for its convenience if the DEPARTMENT determines termination to be in its best interest. The CONTRACTOR shall be paid for work satisfactorily completed prior to the effective date of the termination, but in no event shall the CONTRACTOR be entitled to recover loss of profits.

b. Non-Appropriation: The DEPARTMENT’S obligation to make payments during any Commonwealth fiscal year succeeding the current fiscal year shall be subject to availability and appropriation of funds. When funds (state and/or federal) are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year period, the DEPARTMENT shall have the right to terminate the Agreement. The CONTRACTOR shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under this Agreement. Such reimbursement shall not include loss of profit, loss of use of money, or administrative or overhead costs. The reimbursement amount may be paid from many appropriations available for that purpose.

c. Termination For Cause: The DEPARTMENT shall have the right to terminate the Agreement for CONTRACTOR default under paragraph 4.10, Default, upon written notice to the CONTRACTOR. The DEPARTMENT shall also have the right, upon written notice to the CONTRACTOR, to terminate the Agreement for other cause as specified in the Agreement or by law. If it is later determined that the DEPARTMENT erred in terminating the Agreement for cause, then, at the DEPARTMENT’S discretion, the Agreement shall be deemed to have been terminated for convenience under the subparagraph 4.12.a.

4.13 Controversies: In the event of a controversy or claim arising from the Agreement, the CONTRACTOR must, within six months after the cause of action accrues, file a written claim with the Contract Manager for a determination. The claim shall state the grounds upon which the CONTRACTOR asserts a controversy exists. If the CONTRACTOR fails to file a claim or files an untimely claim, the CONTRACTOR is deemed to have waived its right to assert a claim in any forum.

The DEPARTMENT shall review timely-filed claims and issue a final determination, in writing, regarding the claim. The final determination shall be issued within 120 days of the receipt of the claim, unless extended by consent of the DEPARTMENT and the CONTRACTOR. The DEPARTMENT shall send its written determination to the CONTRACTOR. The claim shall be deemed denied if the DEPARTMENT fails to issue a final determination within the 120 days (unless extended by consent of the parties). The DEPARTMENT”S determination shall be the final order of the DEPARTMENT.

Within fifteen (15) days of the mailing date of the final determination denying a claim or within 135 days of filing a claim if, no extension is agreed to by the parties, whichever occurs first, the CONTRACTOR may file a statement of claim with the Commonwealth Board of Claims. Pending a final judicial resolution of a controversy or claim, the CONTRACTOR shall proceed diligently with the performance of the Agreement in a manner consistent with the determination of the DEPARTMENT and the DEPARTMENT shall compensate the CONTRACTOR pursuant to the terms of the Agreement.


4.14 Assignability and Subcontracting: a. Subject to the terms and conditions of this paragraph, this Agreement shall be

binding upon the parties and their respective successors and assigns.

b. The CONTRACTOR shall not subcontract with any person or entity to perform all or any part of the work to be performed under this Agreement without the prior written consent of the DEPARTMENT, which consent maybe withheld at the sole and absolute discretion of the DEPARTMENT.

c. The CONTRACTOR may not assign, in whole or in part, this Agreement or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of the DEPARTMENT, which consent may be withheld at the sole and absolute discretion of the DEPARTMENT.

d. Notwithstanding the foregoing, the CONTRACTOR may, without the consent of the DEPARTMENT, assign its rights to payment to be received under the Agreement, provided that the CONTRACTOR provides written notice of such assignment to the Contract Manager together with a written acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of this Agreement.

e. For the purposes of this Agreement, the term “assign” shall include, but shall not be limited to, the sale, gift, assignment, pledge, or other transfer of any ownership interest in the CONTRACTOR provided, however, that the term shall not apply to the sale or other transfer of stock of a publicly traded company.

f. Any assignment consented to by the DEPARTMENT shall be evidenced by a written assignment agreement executed by the CONTRACTOR and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Agreement and to assume the duties, obligations, and responsibilities being assigned.

g. A change of name by the CONTRACTOR, following which the CONTRACTOR’S federal identification number remains unchanged, shall not be considered to be an assignment hereunder. The CONTRACTOR shall give the Contract Manager written notice of any such change of name.

4.15 Conflict of Interest: The CONTRACTOR shall not engage the services of any persons now employed by the Commonwealth for work on this contract, except with the DEPARTMENT’S approval. In addition, if the CONTRACTOR is aware of any conflict, the CONTRACTOR shall promptly advise the DEPARTMENT of the concern to mutually agree on a course of action.

4.16 Covenant Against Contingent Fees: The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty, the DEPARTMENT shall have the right to terminate the Agreement without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.


4.17 Applicable Law: This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to any conflict of laws provisions) and the decisions of the Pennsylvania courts. The CONTRACTOR consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in Pennsylvania, waiving any claim or defense that such forum in not convenient or proper. The CONTRACTOR agrees that any such court shall have in personam jurisdiction over it, and consents to service of process in any manner authorized by Pennsylvania law.

4.18 Integration: This Agreement, including all referenced documents, constitutes the entire agreement between the parties. No agent, representative, employee or officer of either the DEPARTMENT or the CONTRACTOR has authority to make, or has made, any statement, agreement or representation, oral or written, in connection with the Agreement, which in any way can be deemed to modify, add to, or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, not any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Agreement. No modification, alterations, changes, or waiver to the Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. All such amendments will be made using the appropriate DEPARTMENT form.

4.19 Changes: The DEPARTMENT reserves the right to issue contract change orders at any time during the term of the Agreement or any renewals or extensions thereof:

a) to increase or decrease quantities resulting from variations between estimatedquantities in the Agreement and actual quantities;

b) to make changes to the services within the scope of the Agreement;

c) to notify the CONTRACTOR that the DEPARTMENT is exercising any renewal option provided in paragraph 1.2, hereof; or

d) to modify the time of performance that does not alter the scope of the Agreement to extend the completion date beyond the termination date of the Agreement or any renewals or extensions thereof.

Any such contract change order shall be in writing, signed by the Chief of the Remediation Contract Section. The contract change order shall be effective as of the date appearing on the contract change order, unless the contract change order specifies a later effective date. Such increases, decreases, changes, or modifications will not invalidate the Agreement. The CONTRACTOR agrees to provide service in accordance with the contract change order. Any dispute by the CONTRACTOR in regard to performance required under any contract change order shall be handled through paragraph 4.13, “Controversies”. Any other changes to this Agreement shall, however, require a formally executed amendment.

For purposes of this Agreement, “contract change order” is defined as a written order signed by the Chief, Remediation Contract Section, directing the CONTRACTOR to make changes authorized under this clause.”


4.20 Insurance: The CONTRACTOR shall procure and maintain during the life of the Agreement all insurance required below, in a form that will protect the CONTRACTOR and the DEPARTMENT from claims and liability for injury to persons and for damages to property occurring during the course of the Agreement. The CONTRACTOR shall either require each of its subcontractors to procure and maintain, during the life of its subcontract, adequate insurance or insure the activity of its subcontractors in its own policies. Adequate insurance for subcontractors shall be of the types and in the amounts specified below, unless otherwise approved by the DEPARTMENT’S Contract Officer.

a. Workmen’s Compensation and Employee’s Liability Insurance . The CONTRACTOR shall provide this insurance coverage in the amounts required by law to cover all the CONTRACTOR’S personnel employed for work under the Agreement. In the event that any of the work is sublet, the CONTRACTOR shall require the subcontractor to provide Workmen’s Compensation and Employer’s Liability Insurance for all its employees that are employed for work under the subcontract, unless the subcontractor’s employees are covered under the CONTRACTOR’S policy.

The CONTRACTOR shall accept, insofar as work covered by this Agreement is concerned, the provisions of the Act dated June 2, 1915 (P.L. 736), as reenacted and amended, known as “The Workers’ Compensation Act” (77 P.S. 1 et seq.).

b. Comprehensive General Liability Insurance. The CONTRACTOR and subcontractor shall provide such insurance for claims of damages or personal injury, including accidental death, as well as property damage which may arise in the execution of the Agreement, whether such be by the CONTRACTOR or by the subcontractor(s) or by anyone directly or indirectly employed by either. The amount of public liability bodily injury shall be not less than $500,000.00 per occurrence and the amount of Property Damage shall be not less than $500,000.00 per occurrence. If the policy is issued for bodily injury and property damage combined, the amount shall be not less than $1,000,000.00 per occurrence. The policy shall provide the following coverage and endorsements:

1. Premises and Operations hazards2. Explosion, Collapse and Underground hazards3. Products and Operations hazards4. Contract Insurance5. Broad Form Property Damage

The CONTRACTOR shall submit certificates from its insurance carriers and its subcontractor’s insurance carriers to the DEPARTMENT’S Contract Officer for approval, before work on the Agreement or subcontract commences. The CONTRACTOR shall submit insurance renewal certificates to the DEPARTMENT at least thirty (30) days prior to the expiration date of any of the insurance policies. All policies shall be written so that the DEPARTMENT will be notified, in writing, of their cancellation or modification at least ten (10) days prior to the effective date of such cancellation or modification.

The CONTRACTOR shall obtain all insurance from companies licensed to write such insurance under the laws of the Commonwealth of Pennsylvania.


All policies with the exception of the Worker’s Compensation/Employers Liability Insurance shall name the DEPARTMENT as an additional insured. The insurance shall not contain any endorsements or other form designed to limit and restrict any action by the DEPARTMENT, as an additional insured, against the insurance coverage in regard to the work performed for the DEPARTMENT.

None of the insurance required by the Agreement or Subcontract shall in any way relieve the CONTRACTOR or Subcontractor of, or diminish any of its obligations and liabilities under the Agreement or Subcontract. During any period that the CONTRACTOR fails to comply with the insurance requirements of this Agreement, the DEPARTMENT may suspend or terminate the Agreement for Cause.

4.21 SDB Commitments: The CONTRACTOR agrees to meet and maintain those commitments made to SDBs at the time of proposal submittal or contract negotiation, unless a change in the commitment is approved by the BSBO. The CONTRACTOR’s commitments to SDBs shall, to the extent so provided in the commitment, be maintained throughout the term of this Agreement and through any renewal or extension of this Agreement.


IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above written.Attest: (CONTRACTOR)

Secretary/Treasurer President/Vice President(Cross one out) (Cross one out)

Federal Identification Number

Vendor Identification Number

Attest:

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Deputy Secretary forWaste, Air and Radiation Management

Approved as to Legality and Form:

Office of Attorney General Office of General Counsel

Chief CounselDepartment of Environmental Protection

I hereby certify that funds in the amount of $__________ are available under SAP DOCUMENT #:

SAP Fund Budget Period G/L Cost Center Internal Order Amount

Comptroller Office of the Budget

Date


ATTACHMENT A – PROVISIONS FOR COMMONWEALTH CONTRACTS

CONTRACTOR INTEGRITY PROVISIONS It is essential that those who seek to contract with the Commonwealth of Pennsylvania (“Commonwealth”) observe high standards of honesty and integrity. They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process. I. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:

A. “Affiliate” means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a common proprietor or general partner.

B. “Consent” means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.

C. “Contractor” means the individual or entity, that has entered into this contract with the Commonwealth, and “Contractor Related Parties” means any affiliates of the Contractor and the Contractor’s executive officers, Pennsylvania officers and directors, or owners of 5% or more interest in the Contractor

D. “Financial Interest” means either:1) Ownership of more than a five percent interest in any business; or2) Holding a position as an officer, director, trustee, partner, employee, or holding

any position of management.E. “Gratuity” means tendering, giving, or providing anything of more than nominal monetary value

including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in the Governor’s Code of Conduct, Executive Order 1980-18, the 4 Pa. Code §7.153(b), shall apply.

F. “Non-bid Basis” means a contract awarded or executed by the Commonwealth with Contractor without seeking bids or proposals from any other potential bidder or offeror.

II. In furtherance of this policy, Contractor agrees to the following: A. Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to Contractor or that govern contracting or procurement with the Commonwealth. B. Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to the Contractor activity with the Commonwealth and Commonwealth employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement. C. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer, or agree to confer or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person, or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order of the governor of Pennsylvania, statement of policy, management directive or any other published standard of the Commonwealth in connection with performance of work under this contract, except as provided in this contract. D. Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor’s financial interest prior to Commonwealth execution of the contract. Contractor shall disclose the financial interest to the Commonwealth at the time of bid or proposal submission, or if no bids or proposals are solicited, no later than Contractor’s submission of the contract signed by Contractor.


E. Contractor certifies to the best of its knowledge and belief that within the last five (5) years Contractor or Contractor Related Entities have not:

1) been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

2) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agency;

3) had any business license or professional license suspended or revoked; 4) had any sanction or finding of fact imposed as a result of a judicial or administrative

proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

5) been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency.

If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or contract a written explanation of why such certification cannot be made and the Commonwealth will determine whether a contract may be entered into with the Contractor. The Contractor’s obligation pursuant to this certification is ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to immediately notify the Commonwealth in writing if at any time during the term of the contract if becomes aware of any event which would cause the Contractor’s certification or explanation to change. Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the contract.

F. Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. §13A01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid Basis, Contractor must also comply with the requirements of the Section 1641 of the Pennsylvania Election Code (25 P.S. §3260a).

G. When Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor’s Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including but not limited to contact by a Commonwealth officer or employee which, if acted upon, would violate such ethical standards, Contractor shall immediately notify the Commonwealth contracting officer or the Office of the State Inspector General in writing.

H. Contractor, by submission of its bid or proposal and/or execution of this contract and by the submission of any bills, invoices or requests for payment pursuant to the contract, certifies and represents that it has not violated any of these Contractor Integrity Provisions in connection with the submission of the bid or proposal, during any contract negotiations or during the term of the contract, to include any extensions thereof. Contractor shall immediately notify the Commonwealth in writing of any actions for occurrences that would result in a violation of these Contractor Integrity Provisions. Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor’s suspension or debarment.

I. Contractor shall cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to make identified Contractor employees available for interviews at reasonable times and places. Contractor, upon the inquiry or request of an Inspector General, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. Such information may include, but shall not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or


concern this contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it enters into in the course of the performance of this contract/agreement solely for the purpose of obtaining subcontractor compliance with this provision. The incorporation of this provision in a subcontract shall not create privity of contract between the Commonwealth and any such subcontractor, and no third party beneficiaries shall be created thereby.

J. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise.

OFFSET PROVISION

The Contractor agrees that the Commonwealth may set off the amount of any state tax liability or other obligation of the Contractor or its subsidiaries to the Commonwealth against any payments due the Contractor under any contract with the Commonwealth.

CONTRACTOR RESPONSIBILITY PROVISIONS

For the purpose of these provisions, the term Contractor is defined as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee, or subgrantee, who has furnished or seeks to furnish goods, supplies, services, or leased space, or who has performed or seeks to perform construction activity under contract, subcontract, grant, or subgrant with the Commonwealth, or with a person under contract, subcontract, grant, or subgrant with the Commonwealth or its state-affiliated entities, and state-related institutions. The term Contractor may include a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other entity of the Commonwealth.A. The Contractor must certify, in writing, for itself and all its subcontractors, as of the date of its execution of any

Commonwealth contract, that neither the Contractor, nor any subcontractors, nor any suppliers are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with the bid/proposal, a written explanation of why such certification cannot be made.

B. The Contractor must also certify, in writing, that as of the date of its execution, of any Commonwealth contract it has no tax liabilities or other Commonwealth obligations.

C. The Contractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the contracting agency if, at any time during the term of the contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment.

D. The failure of the Contractor to notify the contracting agency of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the contract with the Commonwealth.

E. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of Inspector General for investigations of the Contractor’s compliance with the terms of this or any other agreement between the Contractor and the Commonwealth, which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations which do not result in the Contractor’s suspension or debarment.

F. The Contractor may obtain the current list of suspended and debarred Commonwealth contractors by either searching the internet at http://www.dgs.state.pa.us/ or contacting the:


Department of General ServicesOffice of Chief Counsel603 North Office BuildingHarrisburg, PA 17125Telephone Number: (717) 783-6472FAX Number: (717) 787-9138

THE AMERICANS WITH DISABILITIES ACT

I. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act, 28 C.F.R. § 35.101 et seq., the Contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Contract or from activities provided for under this Contract. As a condition of accepting and executing this contract, the Contractor agrees to comply with the "General Prohibitions Against Discrimination", 28 C.F.R. § 35.130, and all other regulations promulgated under Title II of The Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth of Pennsylvania through contracts with outside contractors.

II. The Contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth of Pennsylvania from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth of Pennsylvania as a result of the Contractor’s failure to comply with the provisions of subparagraph a above.

RIGHT TO KNOW LAW

I. If this contract is a grant agreement:

A. Grantee or Subgrantee understands that this Grant Agreement and records related to or arising out of the Grant Agreement are subject to requests made pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104 ("RTKL"). For the purpose of these provisions, the term "the Commonwealth" shall refer to the granting Commonwealth Agency.

B. If the Commonwealth needs the Grantee's or Subgrantee's assistance in any matter arising out of the RTKL related to this Grant Agreement, it shall notify the Grantee or Subgrantee using the legal contact information provided in the Grant Agreement. The Grantee or Subgrantee, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth.

C. Upon written notification from the Commonwealth that it requires Grantee's or Subgrantee's assistance in responding to a request under the RTKL for information related to this Grant Agreement that may be in Grantee's or Subgrantee's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information"), Grantee or Subgrantee shall:

1) Provide the Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in Grantee's or Subgrantee's possession arising out of this Grant Agreement that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and

2) Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Grant Agreement.

D. If the Grantee or Subgrantee considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other


information that Grantee or Subgrantee considers exempt from production under the RTKL, Grantee or Subgrantee must notify the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by the representative of Grantee or Subgrantee explaining why the requested material is exempt from public disclosure under the RTKL.

E. The Commonwealth will rely upon the written statement from Grantee or Subgrantee in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Commonwealth determine that the Requested Information is clearly not exempt from disclosure, Grantee or Subgrantee shall provide the Requested Information within five (5) business days of receipt of written notification of the Commonwealth's determination.

F. If Grantee or Subgrantee fails to provide the Requested Information within the time period required by these provisions, Grantee or Subgrantee shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of Grantee's or Subgrantee's failure, including any statutory damages assessed against the Commonwealth.

G. The Commonwealth will reimburse Grantee or Subgrantee for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

H. Grantee or Subgrantee may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, Grantee or Subgrantee shall indemnify the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of Grantee's or Subgrantee's failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, Grantee or Subgrantee agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of Requested Information pursuant to the RTKL.

I. The Grantee's or Subgrantee's duties relating to the RTKL are continuing duties that survive the expiration of this Grant Agreement and shall continue as long as the Grantee or Subgrantee has Requested Information in its possession.

II. If this contract is a lease agreement:

A. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104 ("RTKL") applies to this Lease. For the purpose of these provisions, the term "Commonwealth" shall refer to the Department of General Services or the tenant Commonwealth agency.

B. If the Commonwealth needs the Lessor's assistance in any matter arising out of the RTKL related to this Lease, it shall notify the Lessor using the legal contact information provided in this Lease. The Lessor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth.

C. Upon written notification from the Commonwealth that it requires the Lessor's assistance in responding to a request under the RTKL for information related to this Lease that may be in the Lessor's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information") the Lessor shall:


1) Provide the Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Lessor's possession arising out of this Lease that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and

2) Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Lease.

D. If the Lessor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Lessor considers exempt from production under the RTKL, the Lessor must notify the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Lessor explaining why the requested material is exempt from public disclosure under the RTKL.

E. The Commonwealth will rely upon the written statement from the Lessor in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Commonwealth determine that the Requested Information is clearly not exempt from disclosure, the Lessor shall provide the Requested Information within five (5) business days of receipt of written notification of the Commonwealth's determination.

F. If the Lessor fails to provide the Requested Information within the time period required by these provisions, the Lessor shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Lessor's failure, including any statutory damages assessed against the Commonwealth.

G. The Commonwealth will reimburse the Lessor for any costs associated with complying with these provisions only to the extent allowed under that fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

H. The Lessor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Lessor shall indemnify the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Lessor's failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, the Lessor agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of Requested Information pursuant to the RTKL.

I. Lessor's duties relating to the RTKL are continuing duties that survive the expiration of this Lease and shall continue as long as the Lessor has Requested Information in its possession.

III If this contract is other than a grant or lease agreement:

A. The Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101-3104 ("RTKL") applies to this Contract. For the purpose of these provisions, the term "Commonwealth" shall refer to the contracting Commonwealth agency.

B. If the Commonwealth needs the Contractor's assistance in any matter arising out of the RTKL related to this Contract, it shall notify the Contractor using the legal contact information provided in this Contract. The Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth.


C. Upon written notification from the Commonwealth that it requires the Contractor's assistance in responding to a request under the RTKL for information related to this Contract that may be in the Contractor's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information") the Contractor shall:

1) Provide the Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor's possession arising out of this Contract that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and

2) Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Contract..

D. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor must notify the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL.

E. The Commonwealth will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Commonwealth determine that the Requested information is clearly not exempt from disclosure, the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the Commonwealth determination.

F. If the Contractor fails to provide the Requested Information within the time period required by these provisions, the Contractor shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Contractor's failure, including any statutory damages assessed against the Commonwealth.

G. The Commonwealth will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

H. The Contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall indemnify the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Contractor's failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, the Contractor agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of the Requested Information pursuant to the RTKL.

I. The Contractor's duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Contractor has Requested Information in its possession.

PENNSYLVANIA ELECTRONIC PAYMENT PROGRAM (PEPP):


I. For Procurement Contracts:

A. The Commonwealth will make contract payments through the Automated Clearing House (ACH) Network. Within 10 days of award of the contract or purchase order, the Contractor must submit or must have already submitted its ACH information within its user profile in the Commonwealth's procurement system (SRM).

B. Contractor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania's ACH remittance advice to enable the Contractor to properly apply the Department's payment to the invoice submitted.

C. It is the responsibility of the Contractor to ensure that the ACH information contained in SRM is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

d. Contractor may enroll for PEPP at:

http://www.vendorregistration.state.pa.us/cvmu/paper/Forms/ACH-EFTenrollmentform.pdf

II. For Grant Contracts:

A. The Commonwealth will make payments to the Grantee through the Automated Clearing House (ACH) Network. Within 10 days of the grant award, the Grantee must submit or must have already submitted its ACH information to the Commonwealth's Payable Service Center, Vendor Data Management Unit at 717-214-0140 (FAX) or by mail to the Office of Comptroller Operations, Bureau of Payable Services, Payable Service Center, Vendor Data Management Unit, 555 Walnut Street - 9th Floor, Harrisburg, PA 17101

B. The Grantee must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth of Pennsylvania's ACH remittance advice to enable the Grantee to properly apply the Department's payment to the respective invoice or program.

C. It is the responsibility of the Grantee to ensure that the ACH information contained in the Commonwealth's central vendor master file is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

D. Grantee may enroll for PEPP at:







ATTACHMENT B

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE [Contracts]

The Contractor agrees:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the contract or any subcontract, the Contractor, each subcontractor, or any person acting on behalf of the Contractor or subcontractor shall not discriminate in violation of the Pennsylvania Human Relations Act (PHRA) and applicable federal laws against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate in violation of the PHRA and applicable federal laws against or intimidate any employee involved in the manufacture of supplies, the performance of work, or any other activity required under the contract.

3. The Contractor and each subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement.

4. The Contractor and each subcontractor shall not discriminate in violation of PHRA and applicable federal laws against any subcontractor or supplier who is qualified to perform the work to which the contract relates.

5. The Contractor and each subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Contractor and each subcontractor further represents that it has filed a Standard Form 100 Employer Information Report (“EEO-1”) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for employers subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Contractor and each subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the contracting agency and the Bureau of Small Business Opportunities (BSBO), for purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment Clause.


6. The Contractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subcontract so that those provisions applicable to subcontractors will be binding upon each subcontractor.

7. The Contractor’s and each subcontractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor and each subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the contract, it becomes aware of any actions or occurrences that would result in violation of these provisions.

8. The Commonwealth may cancel or terminate the contract and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the agency may proceed with debarment or suspension and may place the Contractor in the Contractor Responsibility File.


Attachment CCONSTRUCTION PRODUCTS

RECYCLED CONTENT

(A) REQUIREMENT

All construction products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Construction Products

Material

% of Post-Consumer Materials

% of Total Recovered Materials

Structural Fiberboard Recovered Materials - 80Laminated Paperboard Post-consumer Paper 100 -Rock Wool Insulation Slag - 75Fiberglass Insulation Glass Cullet - 20Cellulose Insulation (loose-fill and spray-on) Post-consumer Paper 75 -Perlite Composite Board Insulation Post-consumer Paper 23 -Plastic Rigid Foam, Polyisocyanurate/Polyurethane: Rigid Foam Insulation

Recovered Material - 9

Foam-in-Place Insulation Recovered Material - 5Glass Fiber Reinforced Insulation Recovered Material - 6Phenolic Rigid Foam Insulation Recovered Material - 5Floor Tiles (heavy duty/commercial use) Rubber

Plastic90-

-90

Patio Blocks Rubber or Rubber BlendsPlastic or Plastic Blends

90-

-90

Polyester Carpet Fiber Face Polyethylene terephthalate (PET) resin 25 -Latex Paint:--Consolidated1

--Reprocessed2

-----White, Off-White, Pastel Colors-----Grey, Brown, Earthtones, and Other Dark Colors

Recovered Material

Recovered MaterialRecovered Material

100

2050

-

--

Shower and Restroom Dividers/Partitions: Plastic 20 -Steel4 16

67933

Carpet Cushion:--Bonded Polyurethane--Jute--Synthetic Fibers--Rubber

Old Carpet CushionBurlapCarpet Fabrication ScrapTire Rubber

1540-

60

--

100-

Railroad Grade Crossing Surfaces--Concrete--Rubber3

--Steel4

Coal Fly AshTire RubberSteel

--

1667

1585933

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process

1 Consolidated latex paint used for covering graffiti, where color and consistency of performance are not primary concerns.22 Reprocessed latex paint used for interior and exterior architectural applications such as wallboard, ceiling, and trim; gutterboards; and concrete, stucco, masonry, wood, and metal surfaces.4

33The recommended recovered materials content for rubber railroad grade crossing surfaces are based on the weight of the raw materials, exclusive of any additives such as binders or additives44 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.


(B) BIDDER’S CERTIFICATION

Bidder certifies that the construction product(s) which the bidder is offering contains the required minimum percentage of post-consumer and

recovered material content as shown above for the product.

(C) MANUFACTURER/MILL CERTIFICATION

In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/MIll Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the construction product(s), to provide the Commonwealth with documentary evidence that

the construction product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.


EXHIBIT A-2VEHICULAR PRODUCTS

RECYCLED CONTENT

(A) REQUIREMENT

All vehicular products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Vehicular Product

Requirements

Re-Refined Oil 25% re-refined oil base stock for engine lubricating oils, hydraulic fluids, and gear oils.

“Post-consumer” material is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-consumer material is part of the broader category of recovered material.”

“Recovered Materials” refers to waste materials and by-products which have been recovered or diverted from solid waste, but does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Re-refined oil” is oil that is manufactured with a minimum of twenty-five percent basestock made from used oil that has been recovered and processed to make it reusable as oil. Once the oil has been refined, no difference can be detected between re-refined and virgin oil.


Bidder certifies that the vehicular product(s) which the bidder is offering contains the required minimum percentage of post-consumer and



In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE REFERENCED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the vehicular product(s), to provide the Commonwealth with documentary evidence that the

vehicular product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

EXHIBIT A-3


PAPER PRODUCTSRECYCLED CONTENT

(A) REQUIREMENT

All paper offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer content as shown below for the applicable products:

Item

Notes

Post-Consumer Content (%)

Printing and Writing Papers

Reprographic Business papers such as bond, electrostatic, copy, mimeo, duplicator and reproduction

30

Offset Used for book publishing, commercial printing, direct mail, technical documents, and manuals

30

Tablet Office paper such as note pads and notebooks 30

Forms bond Bond type papers used for business forms such as continuous, cash register, sales book, unit sets, and computer printout, excluding carbonless

30

Envelope WoveKraft, white and colored (including manila)Kraft, unbleachedExcludes custom envelopes

301010

Cotton fiber High-quality papers used for stationery, invitations, currency, ledgers, maps, and other specialty items

30

Text and cover Premium papers used for cover stock, books, and stationery and matching envelopes

30

Supercalendered Groundwood paper used for advertising and mail order inserts, catalogs, and some magazines

10

Machine finished groundwood Groundwood paper used in magazines and catalogs 10

Papeteries Used for invitations and greeting cards 30

Check safety Used in the manufacture of commercial and government checks

10

Coated Used for annual reports, posters, brochures, and magazines. Have gloss, dull, or matte finishes

10

Carbonless Used for multiple-impact copy forms 30

File folders Manila or colored 30

Dyed filing products Used for multicolored hanging folders and wallet files

20

Index and card stock Used for index cards and postcards 20

Pressboard High-strength paperboard used in binders and report covers

20

Tags and tickets Used for toll and lottery tickets, licenses, and identification and tabulating cards

20


Newsprint

Newsprint Groundwood paper used in newspapers 20

Commercial Sanitary Tissue Products

Bathroom tissue Used in rolls or sheets 20

Paper towels Used in rolls or sheets 40

Paper napkins Used in food service applications 30

Facial tissue Used for personal care 10

General-purposeindustrial wipers

Used in cleaning and wiping applications 40

Paperboard and Packaging Products

Corrugated containers

(<300 psi)(300 psi)

Used for packaging and shipping a variety of goods

2525

Solid fiber boxes Used for specialized packaging needs such as dynamite packaging and army ration boxes

40

Folding cartons Used to package a wide variety of foods, household products, cosmetics, pharmaceuticals, detergent, and hardware

40

Industrial paperboardUsed to create tubes, cores, cans and drums

45

MiscellaneousIncludes “chipboard” pad backings, bookcovers, covered binders, mailing tubes, game boards, and puzzles

75

Padded mailers Made from kraft paper that is usually brown but can be bleached white

5

Carrierboard A type of folding carton designed for multipack beverage cartons

10

Brown papers Used for bags and wrapping paper 5

Miscellaneous Paper Products

Tray liners Used to line food service trays. Often contain printed information.

50

“Post-consumer” content is “material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed it life as a consumer item. Post-consumer content is part of the broader category of recovered material.”

The Commonwealth of Pennsylvania recognizes that paper products are universally made with scrap material recovered from the manufacturing process; use of such materials is a standard practice, both efficient and economical for the paper maker; therefore, bidders of paper products need not certify that their products are made with “pre-consumer,” “recovered.” or “secondary” paper fiber.


Bidder certifies that the paper product(s) which the bidder is offering contains the required minimum percentage of post-consumer content as shown above for the product.


In addition to the Bidders Certification in Subsection (B), a mill certification must be completed and signed by the mill before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO


OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper product(s), to provide the Commonwealth with documentary evidence that the paper product(s) were in fact produced with the required minimum percentage of post-consumer content.

EXHIBIT A-4


LANDSCAPING PRODUCTSRECYCLED CONTENT

(A) REQUIREMENT

All landscaping products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Landscaping Products Recovered Material Content

Hydraulic Mulch:------Paper------Wood/Paper

100% (post-consumer)100% (total)

Compost Made FromYard Trimmings and/orFood Waste

Purchase or use compost made from yard trimmings, leaves, grassclippings and/or food wastes for applications such as landscaping,seeding of grass or other plants, as nutritious mulch under trees andshrubs, and in erosion control and soil reclamation. DGS furtherrecommends implementing a composting system for these materialswhen agencies have an adequate volume and sufficient space.

Garden Hose:------Rubber and/or Plastic

Soaker Hose:------Rubber and/or Plastic

60% (post-consumer)

60% (post-consumer)

Lawn and Garden Edging:------Rubber and/or Plastic 30% (post-consumer)/30-100% (total)

Landscaping Timber and Posts:------HDPE------Mixed Plastics/Sawdust------HDPE/Fiberglass------Other mixed Resins

25% (post-consumer) + 50% (recovered)50% (post-consumer) + 50% (recovered)75% (post-consumer) + 20% (recovered)50% (post-consumer) + 45% (recovered)




Bidder certifies that the landscaping product(s) which the bidder is offering contains the required minimum percentage of post-consumer and



In addition to the Bidders Certification in Subsection (B), a manufacturer certification must be completed and signed by the manufacturer before payment will be made to the successful bidder for the delivered items. The enclosed Manufacturer/Mill Certification form must be used. Bidders are not required to submit the completed and signed Manufacturer/Mill Certification form with their bids. THE COMMONWEALTH SHALL HAVE NO OBLIGATION TO PAY FOR THE ITEM(S) UNTIL A PROPERLY COMPLETED AND SIGNED MANUFACTURER/MILL CERTIFICATION IS SUBMITTED FOR THE DELIVERED ITEM.

(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the landscaping product(s), to provide the Commonwealth with documentary evidence that

the landscaping product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

EXHIBIT A-5


MISCELLANEOUS PRODUCTS

RECYCLED CONTENT

(A) REQUIREMENT

All miscellaneous products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Miscellaneous Products

Recovered Material ContentAwards and Plaques----------Glass----------Wood----------Paper----------Plastic and Plastic/Wood Composites

75% (post-consumer) + 25% (recovered)100% (total)40% (post-consumer)50% (post-consumer) + 45% (recovered)

Industrial Drums----------Steel1

----------Plastic (HDPE)----------Fiber (paper)

16% (post-consumer) + 9% (recovered)30% (post-consumer)100% (post-consumer)

Mats---------Rubber---------Plastic---------Rubber/Plastic Composite

75% (post-consumer) +10% (recovered)10% (post-consumer) + 90% (recovered)100% (post-consumer)

Pallets---------Wood---------Plastic---------Thermoformed---------Paperboard

95% (post-consumer)100% (post-consumer)25% (post-consumer)50% (post-consumer)

Signage---------Plastic---------Aluminum---------Plastic Sign Posts/Supports---------Steel Sign Posts/Supports2

80% (post-consumer)25% (post-consumer)80% (post-consumer)16% (post-consumer) + 9% (recovered)67% (post-consumer) + 33% (recovered)

Sorbents---------Paper---------Textiles---------Plastics---------Wood3

---------Other Organics/Multimaterials4

90% (post-consumer) +10% (recovered)95% (post-consumer)25% (total)100% (total)100% (total)

Manual-Grade Strapping----------Polyester----------Polypropylene----------Steel2

50% (post-consumer)10% (total)16% (post-consumer) +9% (recovered)67% (post-consumer) +33% (recovered)


11Steel used in steel drums is manufactured using the Basic Oxygen Furnace (BOF) process, which contains 25-30% total recovered material, of which 16% is post-consumer steel. Steel used in manual-grade strapping is manufactured using either the BOF process or the Electric Arc Furnace (EAF) process, which contains 100% total recovered materials, of which 67% is post-consumer steel.22 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.33 “Wood” includes materials such as sawdust and lumber mill trimmings.44 Examples of other organics include, but are not limited to, peanut hulls and corn stover. An example of multimaterial sorbents would include, but not be limited to, a polymer and cellulose fiber combination.22 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured in either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.




Bidder certifies that the miscellaneous product(s) which the bidder is offering contains the required minimum percentage of post-consumer and




(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the miscellaneous product(s), to provide the Commonwealth with documentary evidence that

the miscellaneous product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

EXHIBIT A-6


NONPAPER OFFICE PRODUCTSRECYCLED CONTENT

(A) REQUIREMENT

All non paper office products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Nonpaper Office ProductRecovered Material Content

Recycling Containers and Waste Receptacles:----------Plastic----------Steel1

----------Paper------------Corrugated------------Solid Fiber Boxes------------Industrial Paperboard

20% (post-consumer)16% (post-consumer) +9% (recovered)

25% (post-consumer)40% (post-consumer)40% (post-consumer) + 60% (recovered)

Plastic Desktop Accessories (polystyrene) including deskorganizers, sorters, and trays, and memo, note, and pencil holders.

25% (post-consumer)

Binders:----------Plastic-Covered----------Paper-Covered----------Pressboard----------Solid Plastic------------HDPE------------PE------------PET------------Misc. Plastics

25%75% (post-consumer) +15% (recovered)20% (post-consumer) + 30% (recovered)

90% (post-consumer)30% (post-consumer)100% (post-consumer)80% (post-consumer)

Trash Bags (plastic) 10% (post-consumer)

Toner Cartridges Return used toner cartridges for remanufacturing and reuse or purchase a remanufactured or recycled-content replacement cartridge.

Printer Ribbons Procure printer ribbon reinking or reloading services or procure reinked or reloaded printer ribbons.

Plastic Envelopes 25% (post-consumer)

Plastic Clipboards:------------HDPE------------PS------------Misc. Plastics

90% (post-consumer)50% (post-consumer)15% (post-consumer)

Plastic File Folders------------HDPE 90% (post-consumer)

Plastic Clip Portfolios------------HDPE 90% (post-consumer)

Plastic Presentation Folders------------HDPE 90% (post-consumer)




11 The recommended recovered materials content levels for steel in this table reflect the fact that the designated item is made from steel manufactured from in a Basic Oxygen Furnace (BOF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel.


Bidder certifies that the non paper office products which the bidder is offering contains the required minimum percentage of post-consumer and




(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the paper, to provide the Commonwealth with documentary evidence that the nonpaper office

product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

EXHIBIT A-7


PARK & RECREATION PRODUCTSRECYCLED CONTENT

(A) REQUIREMENT

All park and recreation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Park & Recreation Product Recovered Material Content1

Park Benches & Picnic Tables:-----Plastic2

-----Plastic Composites-----Aluminum-----Concrete-----Steel3

90% (post-consumer) + 10% (recovered)50% (post-consumer) + 50% (recovered)25% (post-consumer)15% (total)16% (post-consumer) + 9% (recovered)67% (post-consumer) + 33% (recovered)

Plastic Fencing for Specified Uses4 60% (post-consumer) + 30% (recovered)Playground Equipment-----Plastic3

-----Plastic Composites-----Steel4

-----Aluminum

90% (post-consumer) + 10% (recovered)50% (post-consumer) + 45% (recovered)16% (post-consumer) + 9% (recovered)67% (post-consumer) + 33% (recovered)25% (post-consumer)

Playground Surfaces:-----Plastic or Rubber 90% (post-consumer)Running Tracks:-----Plastic or Rubber 90% (post-consumer)




Bidder certifies that the park and recreational product(s) which the bidder is offering contains the required minimum percentage of post-consumer

and recovered material content as shown above for the product.



(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the park and recreational product(s), to provide the Commonwealth with documentary evidence that the park and recreational product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

EXHIBIT A-8

11 The recommended recovered materials content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents.22 “Plastic” includes both single and mixed plastic resins. Park benches and picnic tables made with recovered plastic may also contain other recovered materials such as sawdust, wood, or fiberglass. The percentage of these materials contained in the product would also count toward the recovered materials content level of the item.33 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (AF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.44 Designation includes fencing containing recovered plastic for use in controlling snow or sand drifting and as a warning/safety barrier in construction or other applications.


TRANSPORTATION PRODUCTSRECYCLED CONTENT

(A) REQUIREMENT

All transportation products offered by the bidder, or included in the final product offered by the bidder, and sold to the Commonwealth must contain the minimum percentage of post-consumer and recovered material content as shown below for the applicable products:

Transportation Products Recovered Material Content1

Traffic Cones:-----Plastic (PVC and LDPE)-----Crumb Rubber

50% (recovered)50% (recovered)

Traffic Barricades (type I and II only):-----Plastic (HDPE, LDPE, PET)-----Steel2

-----Fiberglass

80% (post-consumer) + 20% (recovered)16% (post-consumer) + 9% (recovered)67% (post-consumer) + 33% (recovered)100% (recovered)

Parking Stops:-----Plastic and/or Rubber-----Concrete Containing Coal Fly Ash

-----Concrete Containing Ground Granulated Blast Furnace Slag

100% (recovered)20% (recovered)15% when used as a partial cement replacement as an admixture in concrete.25% (recovered)

Traffic Control Devices:-----Channelizers:---------Plastic---------Rubber (base only)------Delineators:---------Plastic---------Rubber (base only)---------Steel (base only)2

-----Flexible Delineators

25% (post-consumer)100% (post-consumer)

25% (post-consumer)100% (post-consumer)16% (post-consumer) + 9% (recovered)67% (post-consumer) + 33% (recovered)25% (post-consumer)




Bidder certifies that the transportation product(s) which the bidder is offering contains the required minimum percentage of post-consumer and recovered material content as shown above for the product.



(D) ENFORCEMENT

Awarded bidders may be required, after delivery of the transportation product(s), to provide the Commonwealth with documentary evidence that the transportation product(s) were in fact produced with the required minimum percentage of post-consumer and recovered material content.

MANUFACTURER/MILL CERTIFICATION

1 Content levels are based on the dry weight of the raw materials, exclusive of any additives such as adhesives, binders, or coloring agents.22 The recommended recovered materials content levels for steel in this table reflect the fact that the designated items can be made from steel manufactured from either a Basic Oxygen Furnace (BOF) or an Electric Arc Furnace (EAF). Steel from the BOF process contains 25-30% total recovered materials, of which 16% is post-consumer steel. Steel from the EAF process contains a total of 100% recovered steel, of which 67% is post-consumer.


(To be submitted with invoice for each order)

TO BE COMPLETED BY MANUFACTURER/MILL:

NAME OF MANUFACTURER/MILL:_________________________________________

ADDRESS OF MANUFACTURER/MILL:_____________________________________

FEDERAL EMPLOYER I.D. NO.:____________________________________________

CONTRACT OR REQUISITION NO._________________________________________

NAME OF CONTRACTOR:_________________________________________________

ADDRESS OF CONTRACTOR:______________________________________________

Type of product(s) which the manufacturer/mill furnished to the contractor:____________

_______________________________________________________________________________________

_________________________________________________________________________

CERTIFICATION: I, the undersigned officer of the above-named manufacturer/mill, do hereby certify that I am authorized to provide this certification on behalf of the above-named manufacturer/mill and that the type of product(s) listed above which my company furnished to the contractor named above for the referenced contract or purchase requisition, contained not less than ______% post-consumer materials and ______% recovered materials as those terms are defined in the invitation for bids. I understand that this document is subject to the provisions of the Unsworn Falsification of Authorities Act (18 P.S. Section 4904).

_____________________________________Signature

_____________________________________Name of Signatory

_____________________________________

Title Date


APPENDIX BPROPOSAL COVER SHEET

COMMONWEALTH OF PENNSYLVANIADepartment of Environmental Protection

RFP DEP – LAB – 9

Enclosed in three separately sealed submittals is the proposal of the Offeror identified below for the above-referenced RFP:

Offeror Information:

Offeror NameOfferor Mailing Address

Offeror WebsiteOfferor Contact PersonContact Person’s Phone NumberContact Person’s Facsimile NumberContact Person’s E-Mail AddressOfferor Federal ID Number

Submittals Enclosed and Separately Sealed:

Technical Submittal – 9 Copies Small Diverse Business Submittal – 2 Copies Cost Submittal – 2 Copies 2 Complete Electronic Copies (include name & version number of virus

scanning software used)

Signature of an official authorized to bind the Offeror to the provisions contained in the Offeror’s proposal:

Printed Name:

Title:

FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM WITH THE OFFEROR’S PROPOSAL MAY RESULT IN THE REJECTION OF THE OFFEROR’S PROPOSAL

APPENDIX C


APPENDIX DDOMESTIC WORKFORCE UTILIZATION CERTIFICATION

Each proposal will be scored for its commitment to use the domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those Offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States. Those who propose to perform a portion of the direct labor outside of the United States will receive a correspondingly smaller score for this criterion.

In order to be eligible for any consideration for this criterion, Offerors must complete and sign the following certification. This certification will be included as a contractual obligation when the contract is executed. Failure to complete and sign this certification will result in no consideration being given to the Offeror for this criterion.

I, ______________________[title] of ____________________________________[name of Offeror] a _______________ [place of incorporation] corporation or other legal entity, (“Offeror”) located at ____________________________________________________________________________________________________________________________________________[address], having a Social Security or Federal Identification Number of ________________________, do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Check one of the boxes below):

All of the direct labor performed within the scope of services under the contract will be performed exclusively within the geographical boundaries of the United States.

OR ________________Percent (_____ %) [Offeror must specify the percentage] of the direct

labor performed within the scope of services under the contract will be performed within the geographical boundaries of the United States. Please identify the direct labor performed under the contract that will be performed outside the United States:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

[Use additional sheets if necessary]

The Department of Environmental Protection shall treat any misstatement as fraudulent concealment of the true facts punishable under Section 4904 of the Pennsylvania Crimes Code, Title 18, of Pa. Consolidated Statutes.

Attest or Witness: ______________________________Corporate or Legal Entity's Name

_____________________________ ______________________________Signature/Date Signature/Date

_____________________________ ______________________________Printed Name/Title Printed Name/Title
