LABORATORY ANALYSIS OF - New Jersey · 2005-03-31 · NOTICE OF AWARD T-1972 LABORATORY ANALYSIS OF...

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NOTICE OF AWARD T-1972 LABORATORY ANALYSIS OF DRINKING WATER STATE OF NEW JERSEY State of New Jersey Department of Treasury Division of Purchase and Property Purchase Bureau, P.O. Box 230 33 West State Street, 9 th Floor Trenton, New Jersey 08625-0230 Department of Environmental Protection Division of Remediation Management and Response Office of Data Quality P.O Box 413 401 East State Street Trenton, New Jersey 08625-0413 New Jersey Home Page: http://www.state.nj.us - 1 – T-1972 Laboratory Analysis of Drinking Water

Transcript of LABORATORY ANALYSIS OF - New Jersey · 2005-03-31 · NOTICE OF AWARD T-1972 LABORATORY ANALYSIS OF...

Page 1: LABORATORY ANALYSIS OF - New Jersey · 2005-03-31 · NOTICE OF AWARD T-1972 LABORATORY ANALYSIS OF DRINKING WATER STATE OF NEW JERSEY State of New Jersey Department of Treasury Division

NOTICE OF AWARD T-1972

LABORATORY ANALYSIS

OF

DRINKING WATER

STATE OF NEW JERSEY

State of New Jersey Department of Treasury Division of Purchase and Property Purchase Bureau, P.O. Box 230 33 West State Street, 9th Floor Trenton, New Jersey 08625-0230 Department of Environmental Protection Division of Remediation Management and Response Office of Data Quality P.O Box 413 401 East State Street Trenton, New Jersey 08625-0413 New Jersey Home Page: http://www.state.nj.us

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Table of Contents 1.0 INTRODUCTION .................................................................................................................................... 3 2.0 CONTRACT ADMINISTRATION:........................................................................................................... 3 3.0 DEFINITIONS ......................................................................................................................................... 4 8.0 SCOPE OF WORK ................................................................................................................................. 7

8.1 TASKS COVERED BY THIS CONTRACT ......................................................................................... 7 8.2 LABORATORY CERTIFICATION REQUIREMENTS......................................................................... 7 8.3 GENERAL GUIDANCE AND CONSIDERATIONS............................................................................. 7 8.4 METHODOLOGY REQUIREMENTS ................................................................................................. 8 8.5 CONTRACT ADMINISTRATION AND MANAGEMENT..................................................................... 8 8.6 PERSONNEL REQUIREMENTS ......................................................................................................13 8.7 STANDARD OPERATING PROCEDURES MANUAL (SOP) ...........................................................18 8.8 EQUIPMENT REQUIREMENTS .......................................................................................................22 8.9 CHANGES IN ANALYTICAL METHODS ..........................................................................................23 8.10 SUBMITTAL OF ADDITIONAL SAMPLES FOR ANALYSIS............................................................23 8.11 ENGAGEMENT................................................................................................................................23 8.12 SAMPLE BOTTLE PREPARATION .................................................................................................23 8.13 SAMPLE BOTTLE AND SAMPLE VOLUME REQUIREMENTS......................................................23 8.14 SAMPLE PRESERVATION REQUIREMENTS................................................................................25 8.15 SHIPPING ........................................................................................................................................26 8.16 SHIPMENT BY COMMON CARRIER ..............................................................................................28 8.17 CONTRACT USER RECEIVES BOTTLES AND COLLECTS SAMPLES........................................29 8.18 CONTRACT USER SHIPS SAMPLES TO THE CONTRACTOR ....................................................30 8.19 CONTRACTOR RECEIPT OF SAMPLES........................................................................................31 8.20 SAMPLE RETENTION/DISPOSAL ..................................................................................................33 8.21 SAMPLE HOLDING TIMES .............................................................................................................33 8.22 GENERAL TECHNICAL REQUIREMENTS.....................................................................................33 8.23 VOLATILE ORGANICS ANALYTICAL REQUIREMENTS ...............................................................36 8.24 SYNTHETIC ORGANIC COMPOUNDS ANALYSIS BY GAS CHROMATOGRAPHY.....................39 8.25 DILUTIONS FOR SYNTHETIC ORGANIC COMPOUNDS AND VOLATILE ORGANICS ...............40 8.26 MERCURY ANALYTICAL REQUIREMENTS...................................................................................41 8.27 ARSENIC ANALYTICAL REQUIREMENTS....................................................................................41 8.28 CHAIN OF CUSTODY......................................................................................................................42 8.29 DATA REPORTING REQUIREMENTS............................................................................................43 8.30 CONTRACT KICK-OFF MEETING ..................................................................................................47 8.31 FIELD SAMPLING ASSISTANCE CONTRACT/OTHER STATE CONTRACTS..............................47

9.0 ENGAGEMENT PROCESS..................................................................................................................48 9.1 SINGLE TASK ENGAGEMENT ........................................................................................................48 9.2 MULTIPLE TASK ENGAGEMENT....................................................................................................48 9.3 NOT APPLICABLE TO THIS NOTICE ..............................................................................................48 9.4 CONTRACT USER PREPARATION.................................................................................................48 9.5 CONTACTING THE CONTRACTORS..............................................................................................49 9.6 CONTRACTOR SHIPS SAMPLE BOTTLES ....................................................................................49 9.7 CONTRACT USER SHIPS SAMPLE BACK .....................................................................................49 9.8 CONTRACTOR PERFORMS ANALYSIS AND DELIVERS DATA REPORT....................................50

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1.0 INTRODUCTION

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

This contract is being issued to procure Laboratory Analysis of Drinking Water for volatile organics, three synthetic organic compounds, mercury and arsenic. Drinking water samples will be collected from private domestic wells and public and private water supply systems. Water from any other source will not be analyzed under this contract.

A users’ guide provides basic information regarding laboratory engagement, compliance monitoring, completing chain of custody forms, and sample management reporting. It consists of four (4) volumes as set forth below:

Volume 1 – General Contract Documents from the Invitation to Bid

Terms and Condition Sections 1-7 Statement of Work Section 8 Engagement Process Section 9

Volume 2 -- General Contract Appendices Volume 3 – Price Schedule, Personnel, Shipping Information & Bottle Worksheet Volume 4 – Shipping Plan from Contractor

The entire users’ guide is available on the following NJDEP Intranet website: http://depnet.dep.state.nj.us/srp/Term_Contracts/Drinking_Water/ A hard copy of the handbook is available for the current cost of obtaining copies of public records. It consists of 170 pages plus any addenda. Contact the contract administrator listed below for details. 2.0 CONTRACT ADMINISTRATION:

The IFB explains most other issues in adequate detail. If you have any questions, or require additional assistance, contact the Contract Administrator at 609-633-2355 (Voice), 609-292-0848 (Facsimile), Internet email at [email protected] or write:

Ms. Kathleen M. Grimes Research Scientist I NJDEP Division of Remediation Management and Response Office of Data Quality P.O. Box 413 Trenton, NJ 08625-0413

For your information, the following sections have been excerpted from the IBF: 3.0 Definitions, 8.0 Scope of Work and 9.0 Engagement

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3.0 DEFINITIONS

Addenda - If the State decides to revise this IFB, the State will issue the revisions to all bidders in documents called "addenda". Accuracy – The nearness of a result of the mean (x) or a set of results to the true value. NJDEP assesses accuracy by means of proficiency samples and percent recoveries. Aliquot – An aliquot is a portion of a sample set aside for the determination of a specific parameter or group of analytes by a given analytical method. All-Inclusive Unit Price per Parameter – A unit price per each analytical parameter or group of parameters that shall incorporate all associated costs. Those costs include, but are not limited to, sample preparation, analysis, quality control, data deliverables, sample storage for one (1) year from the date of analysis, submission of all the required work as specified in Section 8.0 of this contract and final disposal of sample remnants. Bidder - A person, partnership, corporation or joint venture, submitting a bid proposal for the purpose of obtaining a contract. Bid Proposal - The submittal required at the third stage of the bidding process including a technical proposal, organizational proposal and price proposal. Contract - The contract is the agreement between the State and the successful bidder that defines the performance of the work. Contract Administrator - The NJDEP representative that provides central coordination for this contract. Contract Compliance Screening (CCS) – NJDEP reserves the right to inspect all analytical data procured under the contract. CCS examines the Contractor’s adherence to contract requirements throughout the data package delivered to the agency. Contractor - A person, partnership or corporation that has a contractual agreement with the State of New Jersey. Contract User - The operational unit or individual that has submitted a physical sample for analysis as per terms and conditions of this contract. For the purpose of this contract, all sample specific questions shall be directed to the Contract User. Data Validation – A systematic process for reviewing a body of data against a set of criteria to provide assurance that the data are adequate for the intended use. Data validation consists of data editing, screening, checking, auditing, verifying, certifying and reviewing. Deliverables - Items defined in the Scope of Work, Section 8.0, as products or proof of services rendered under this contract. DRMR - Division of Remediation Management and Response. Department - New Jersey Department of Environmental Protection (NJDEP). Director - Director of the Division of Purchase and Property, Department of the Treasury, who by statutory authority is the contracting officer for the State of New Jersey.

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Evaluation Committee - A committee established by the Director to review and evaluate bid proposals and to recommend a contract award. The committee for this IFB shall include representatives of the Departments of Environmental Protection and Treasury. There are three (3) voting members, two (2) representing the NJDEP and one (1) from the Department of Treasury. Facsimile – An exact copy or reproduction of a document and/or form. Invoice -State Payment Voucher form PV-393. Invitation for Bid (IFB) - Procurement document issued by an agency for examination by the public that specifies all elements required for a laboratory to submit a bid to perform work as specified in that document. Issuing Office - Purchase Bureau, Division of Purchase and Property, Department of the Treasury. NJDEP - New Jersey Department of Environmental Protection. NJDEP Environmental Laboratory Certification – A certification to given by the NJDEP to environmental laboratories in accordance with N.J.A.C. 7:18-1.1 et. Seq. entitled Regulations governing Laboratory Certification and Standards of Performance. Network Laboratories - Laboratories that are considered part of Multiple Laboratory Contractor’s facilities that legally exist under the control of single or parent corporate entity. Precision – The measure of agreement of reproducibility of a set of replicate results among themselves without assumption of any prior information as to the true result. Procurement Specialist - A Purchase Bureau representative responsible for obtaining goods and services for State agencies. Project – All tasks and Contractor responsibilities delineated in the IFB. Purchase Bureau - A unit within the NJ Department of Treasury, Division of Purchase and Property with the responsibility for issuing bid documents and recommending awardees for the procurement of goods and services for State agencies. Qualified Data – Data that has passed the quality assurance review performed by the NJDEP or its designated Contractor with stipulations regarding the quantification or quality of the data. The data is considered acceptable with qualifications. Raw Data – Data that includes, but is not limited to, any and all entries made in logs, logbooks and notebooks, and /or analytical data (chromatograms, printouts, etc.) produced prior to any calculation or evaluation by an analyst. Reagent Blank Analysis – An analysis of analyte free water that has either been extracted according to the method of analysis or analyzed directly according to the method of analysis. Rejected Data – Data that has failed the quality assurance review conducted by the NJDEP or its designated Contractor. Replicate Analysis – a replicate analysis is the separate analysis of two distinct aliquots taken from a single sample.

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Sample – the material removed from a given location at given time. Sample Sets – a group of samples submitted at one time for analysis that pertains to a specific monitoring project. Section- A part of the IFB written by the State of New Jersey. Signature Certification – A process where the individual signs his/her full name to his/her work. The work is then reviewed by another qualified individual or supervisor and signed in the same manner by that individual that attests to the authenticity of the work. This applies to all data, notebooks, run/injection logs and printouts not stored in an electronic format. State - Director, Division of Purchase and Property, Department of the Treasury or her designee, acting for the NJDEP under statutory authority as contracting officer for the State of New Jersey. Scope of Work (SOW) - A component of an IFB that describes the work the Contractor is to perform under the awarded contract. Total Bid Price - The sum of the bid prices provided by the bidder on the Price Schedules for a task. Unit Price – A price per specified unit of measure for individual line items bid on the Price Schedules that shall incorporate all associated costs. USEPA – United States Environmental Protection Agency. Using Agency - Instrumentality of government using the service furnished by the Contractor. In this instance, the primary using agency is the NJDEP. The individual agency, office or bureau that engages the Contractor is referred to as the Contract User.

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8.0 SCOPE OF WORK

This contract is being issued to procure Laboratory Analysis of Drinking Water for volatile organics, three synthetic organic compounds, mercury and arsenic. Drinking water samples will be collected from private domestic wells and public and private water supply systems. Water from any other source may be analyzed under this contract on a case-by-case basis.

8.1 TASKS COVERED BY THIS CONTRACT

The Scope of Work is divided into four (4) independent tasks as follows:

Task I - Volatile Organics Task II - Synthetic Organics Task III - Mercury Task IV - Arsenic See Section 7.0 for rules on contract award. A Prime, Alternate and Second Alternate

contract will be awarded in each task. See Section 9.0 on engagement processes. It is NJDEP’s intent to engage the fewest number of laboratories that can analyze samples collected. This may result in bypassing a prime or alternate contractor who cannot analyze all samples in a multi-task engagement.

8.2 LABORATORY CERTIFICATION REQUIREMENTS All environmental laboratories performing work under this contract must hold all the NJDEP

Environmental Certifications for all the analysis in each task or must hold either NJDEP Primary NELAP Accreditation or NJDEP Secondary NELAP Accreditation for all the analysis in each task. Laboratories may meet the requirements by holding a mix of all three certifications or accreditations in each task and must hold all the required certifications and/or accreditations as of the date of the Stage 3 Bid Proposal. A complete list of certifications/accreditations for each task is specified in Appendix 1.

Information regarding certification may be obtained by contacting the Office of Quality

Assurance, PO Box 424, Trenton, New Jersey, 08625-0424, Phone (609) 292-3950. (Also see Section 6.3.4).

8.3 GENERAL GUIDANCE AND CONSIDERATIONS

8.3.1 Contractors must perform all the analysis specified in this Scope of Work and on the Price Schedules (Attachment 9) for the Task awarded.

8.3.2 The Contractor must perform analysis in accordance with the requirements

specified in this Scope of Work, in accordance with the New Jersey Laboratory Certification regulations N.J.A.C.7: 18-5.4. and in accordance with the referenced methods.

8.3.3 Contractors must perform all analytical services within their own facilities. This

contract prohibits joint ventures and subcontracting. 8.3.4 Contractors must deliver Analytical Data Packages within twenty one (21)

calendar days from sample receipt.

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8.4 METHODOLOGY REQUIREMENTS

The analytical methods cited in the Scope of Work and on the Price Schedules in Attachment 9 comprise the only acceptable analytical methods. The Contractor may not substitute or alter analytical methods. Performance of analyses employing similar methods is not acceptable and will not be eligible for payment. This includes adding or deleting analytes without the approval of the NJDEP Contract Administrator.

8.4.1 TASK I - VOLATILE ORGANICS All Task I samples must be analyzed by USEPA Method 524.2 Version 4.1 entitled

“Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry”. A maximum of 15 tentatively identified compounds must be reported.

8.4.2 TASK II - SYNTHETIC ORGANICS

All Task II samples must be analyzed by USEPA Method 504.1 Revision 1.1 entitled “1,2-Dibromoethane (EDB), 1,2-Dibromo-3-chloropropane (DBCP), and 1,2,3-Trichloropropane (123TCP) in Water by Microextraction and Gas Chromatography”.

8.4.3 TASK III - MERCURY

All Task III samples must be analyzed by USEPA Method 245.1 Revision 3.0,

entitled, “Determination of Mercury in Water by Cold Vapor Atomic Absorption Spectrometry.”

8.4.4 TASK IV - ARSENIC

All Task IV samples must be analyzed by USEPA Method 200.8 Revision 5.4 entitled, “Determination Trace Elements in Water and Wastes by Inductively Coupled Plasma- Mass Spectrometry.”

8.5 CONTRACT ADMINISTRATION AND MANAGEMENT

There are three focal points in the administration of this contract: 1) the NJDEP Contract Administrator, 2) the Contract Users, and 3) the Contractor. The NJDEP Contract Administrator provides the central administration and coordination of this contract among the various Contract Users and Contractors. The Contract Users consist of all the various agencies, bureaus and offices within NJDEP and the New Jersey Department of Law and Public Safety that will engage the Contractor, receive sample bottles, collect samples, order specific analyses, receive data reports and pay the Contractor. The Contractor performs all the work of the contract, including, but not limited to, preparing and shipping sample bottles to the Contract User, shipping samples from the Contract User to the laboratory, performing laboratory analysis, delivering data reports and receiving payment for work performed. Each of the above has specific contractual responsibilities as follows:

8.5.1 NJDEP CONTRACT ADMINISTRATOR

The NJDEP Division of Remediation Management and Response, Hazardous Site Science Element Office of Data Quality (DRMR-ODQ) through the Contract Administrator provides central administration and management of this contract. Responsibilities include, but are not limited to the items listed below:

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8.5.1.1 The NJDEP Contract Administrator will coordinate all engagements between the Contractors and the Contract Users. The Contract Administrator will maintain a schedule of all sampling events under this contract. The Contract Administrator will monitor the sample capacity of the Contractor and inform Contract Users of space availability.

8.5.1.2 The NJDEP Contract Administrator will disseminate the current laboratory

certification and approval status of each Contractor in each task to the Contract Users.

8.5.1.3 The NJDEP Contract Administrator will determine laboratory noncompliance

with contract provisions resulting in Contractors receiving Stop Work Orders (SWO) and suspensions.

8.5.1.4 The NJDEP Contract Administrator will process New Jersey State Using

Agency Formal Complaints, (PB-36s) to the New Jersey Department of the Treasury for contract non-compliance issues. The Contract Administrator will initiate other adverse actions against Contractors, including initiation of termination, upon completion of investigations.

8.5.1.5 The NJDEP Contract Administrator will recommend and disseminate any

modifications to technical and non-technical terms and conditions of the contract to Contract Users and Contractors. All change orders in accordance with Section 6.5.6 will originate with the NJDEP Contract Administrator.

8.5.1.6 The NJDEP Contract Administrator will work to resolve disputes between

Contract Users and Contractors and advise both parties on how to comply with contract requirements.

8.5.1.7 The NJDEP Contract Administrator in conjunction with the Office of Quality

Assurance shall notify Contract Users and Contractors when it becomes necessary to make changes to the analytical parameters or methods during the term of the contract.

8.5.1.8 The Contract Administrator will process and forward all complaints that may

affect a laboratory certification to the Office of Quality Assurance.

8.5.1.9 The Contract Administrator will receive information concerning non-payment and reimbursement requests from Contract Users and inform Contractors of problems and concerns that were the cause of the nonpayment and reimbursement request.

8.5.1.10 The Contract Administrator will adjust the lists of Contractors whenever a

Contractor is suspended or terminated and advise Contract Users.

8.5.1.11 Following award of the contract, all contract users and Contractors will be provided with a list of persons who may act for the Contract Administrator in the event the Contract Administrator is unavailable.

Contractors and Contract Users should direct questions regarding the central administration of the contract to the NJDEP Contract Administrator (See Chart Below).

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NJDEP CONTRACT ADMINISTRATION

MS KATHLEEN M. GRIMES NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF REMEDIATION MANAGEMENT AND RESPONSE HAZARDOUS SITE SCIENCE ELEMENT OFFICE OF DATA QUALITY PO BOX- 413 TRENTON NJ 08625-0413 PHONE: 609-633-2355 TELEFAX: 609-292-0848 INTERNET:

[email protected] 8.5.2 CONTRACTOR

8.5.2.1 The Contractor shall maintain day-to-day communications with the Contract

User that engaged the Contractor for analytical services.

8.5.2.2 The Contractor shall coordinate all engagements with the NJDEP Contract Administrator. The Contractor shall inform the Contract Administrator of their monthly sample capacity.

8.5.2.3 The Contractor shall provide the NJDEP Contract Administrator with written

notification of engagement refusal by telefax (see Chart above) and letter each time the Contractor refuses an engagement. Notification must detail the reasons for engagement refusal. Refusal of more than two (2) consecutive engagements demonstrates substantial laboratory inability to adequately perform services and may result in termination or temporary suspension.

8.5.2.4 The Contractor shall attempt to resolve minor problems and disputes with

Contract Users. The Contractor will notify the NJDEP Contract Administrator of any contract issues that cannot be resolved directly with the Contract Users.

8.5.2.5 The Contractor shall acknowledge and respond to all requests for information

received from the NJDEP Contract Administrator or Contract Users concerning this contract. Requests for information include, but are not limited to contacts by Contract Users concerning engagements under this contract and questions and concerns raised by the NJDEP Contract Administrator. Unless otherwise specified herein, telephone contact shall be responded to by telephone, telefax contact shall be responded to by telefax, email contact shall be responded to by email and written contact shall be responded to in writing.

8.5.2.6 The Contractor shall provide written notification to the NJDEP Contract

Administrator within 48 hours of receipt by the Contractor of any adverse actions taken against the Contractor by any Federal, State, or Municipal entities affecting or with the potential for affecting the laboratory and its ability to perform services under this contract.

8.5.2.7 The Contractor shall provide written notification to the NJDEP Contract

Administrator and the New Jersey Laboratory Certification Program within five (5) calendar days of initiating steps to merge with, or be acquired by another laboratory and provide written notification of the completion of any merger, or acquisition within five (5) calendar days. See Section 6.8.4 that specifies information that must be submitted to the New Jersey Department of the Treasury. Failure to provide such notification will result in a contract suspension until such times as written information is provided. N.J.A.C. 7:18 2.18 also sets forth requirements for notification to the NJDEP.

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8.5.2.8 The Contract Awardee shall submit a Standard Operating Procedures (SOP) certification chart and copies of all Method SOPs for each awarded task in accordance with Section 7.9 of this Contract. The Contractor shall perform all work in accordance with the approved Method SOPs.

8.5.3 CONTRACT USERS

Contract Users serve as the first point of contact for engaging the Contractor(s) and for resolving technical and payment issues. Routine day-to-day contact occurs between the Contractor and the Contract User that engages the Contractor. Only NJ State employees engage the Contractors and function as Contract Users. Contract User responsibilities include, but are not limited to the items listed below:

8.5.3.1 Contract Users will engage the Contractor and will provide the Contractor with

sufficient information about the sampling event such that the Contractor can supply sufficient numbers of sample bottles to perform the analysis. Contract Users will provide the Contractor with a Purchase Order for the sampling event.

8.5.3.2 Contract Users will track, compile and submit sample engagement information

to the NJDEP Contract Administrator and provide other information upon request.

8.5.3.3 Contract Users will resolve minor problems and disputes with Contractors.

Contract Users will notify the NJDEP Contract Administrator of any item requiring the intervention of the NJDEP Contract Administrator for resolution.

8.5.3.4 Contract Users will process all New Jersey State Using Agency Formal

Complaints, PB-36s through the NJDEP Contract Administrator.

8.5.3.5 Contract Users will coordinate sample distribution among multiple Contractors if necessary.

8.5.3.6 Contract Users will check with the Contract Administrator before every

engagement to assure that the Contractor has maintained the proper laboratory certifications and/or accreditations.

8.5.3.7 Contract Users will contact the NJDEP Contract Administrator and advise him of

all non-payment issues. 8.5.4 LINES OF COMMUNICATION

Communication between Contract Users and the Contractor depends on whether the Contractor operates a single laboratory or operates multiple laboratories.

8.5.4.1 Single Laboratory Contractor Communications

A Contractor performing work under this contract may have only one laboratory. This Contractor is referred to as a Single Laboratory Contractor. This contract restricts communications between Contract Users, the NJDEP Contract Administrator, and a Single Laboratory Contractor as set forth in the table below. Communications outside these channels may jeopardize payment to the Contractor

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SINGLE LABORATORY CONTRACTOR COMMUNICATIONS CHANNELS

STATE OF NEW JERSEY

CONTRACTOR PURPOSE

NJDEP Contract Administrator

Laboratory Director QA Officer Project Manager

Routine communications Non-routine communications Sample engagement refusal Monthly sample status reports Major dispute resolution Non payment notification Reimbursement requests Suspension or termination Other NJDEP adverse actions Change Orders

Contract Users QA Officer Project Manager

Engagements Analysis status Minor dispute resolution Data rejection issues Engagement and payment

Purchase Bureau, Treasury

Laboratory Director Project Manager

Termination issues Major changes in terms and conditions of the contract PB-36 -- NJ State Using Agency formal complaint report resolution

NOTE: No direct communications are authorized between Contract Users and non-supervisory laboratory personnel cited in Section 8.6.3. 8.5.4.2 Multiple Laboratory Contractor Communications

A Contractor performing work under this contract may have two or more laboratories qualified to perform work under this contract. This arrangement is permitted only if the laboratories are owned by or are subsidiaries to a single corporate owner. Subcontracting and joint ventures are not allowed under this contract. A Contractor with two or more laboratories is referred to as a Multiple Laboratory Contractor.

This contract restricts communications between Contract Users, the NJDEP Contract Administrator, and the Multiple Laboratory Contractor as set forth in the table below. Communications outside these channels may jeopardize payment to the Multiple Laboratory Contractor.

For communication purposes, this contract requires a Multiple Laboratory Contractor to establish a central point of communication or headquarters that will be the focus of all contact between Contract Users and the various laboratories operated by the Multiple Laboratory Contractor. Therefore, this contract requires a Multiple Laboratory Contractor to establish and identify specific personnel who will be the focus of communications for the Multiple Laboratory Contractor and through whom engagements and conflict resolution will flow. Contract Users will never contact the individual laboratory personnel of a Multiple Laboratory Contractor. Instead, Contract Users will direct all engagements and questions to the Contractor’s central headquarters staff. It will be the Multiple Laboratory Contractor’s central headquarters or corporate staff’s responsibility to coordinate communications among the Multiple

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Laboratory Contractor’s various laboratories, the Contract Users and the NJDEP Contract Administrator.

MULTIPLE LABORATORY CONTRACTOR COMMUNICATIONS CHANNELS

STATE OF NEW JERSEY

CONTRACTOR

PURPOSE

NJDEP Contract Administrator

Corporate Laboratory Director (HQ Lab) Corporate QA Officer (HQ Lab) Corporate Project Manager (HQ Lab)

Routine communications Non-routine communications Sample engagement refusal Monthly sample status reports Major dispute resolution Nonpayment notification & Reimbursement requests Terminations Other NJDEP adverse actions Change Orders

Contract Users

Corporate QA Officer (HQ Lab) Corporate Project Manager (HQ Lab)

Engagements Analysis status Minor dispute resolution Data rejection issues Engagement and payment

Toxic Waste Procurement Unit, Purchase Bureau, Treasury

Corporate Laboratory Director (HQ Lab) Corporate Project Manager (HQ Lab)

Termination issues Major changes in terms and conditions of the contract PB-36 – NJ State Using Agency formal complaint report resolution

NOTE: No direct communications are authorized between Contract Users and non-supervisory laboratory personnel cited in Section 8.5.6 or outside the designated corporate headquarters staff.

8.6 PERSONNEL REQUIREMENTS 8.6.1 PERSONNEL AND LABORATORY OPERATIONS

8.6.1.1 Single and Multiple Laboratory Contractors shall have sufficient properly qualified personnel commensurate with the workload and types of analyses needed to comply with Regulations Governing Laboratory Certification and Environmental Measurements, N.J.A.C. 7:18-2.10. and the requirements of this contract for the Task(s) awarded. See Supplement A and Section 8.6.4.

8.6.1.2 Multiple Laboratory Contractors shall designate one (1) facility as the

headquarters laboratory and the personnel of that laboratory shall be the “Corporate” or “Headquarters” staff through which communications under this contract will flow.

8.6.1.3 Some of the personnel required by this contract are also required by the New

Jersey Regulations Governing the Certification of Laboratories and Environmental Measurements, N.J.A.C. 7.18-2.10 for the Drinking Water Laboratory Certifications. Contractor personnel must meet the requirements specified by this contract and the regulations.

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8.6.2 SUPERVISORY LABORATORY PERSONNEL REQUIREMENTS

The Contractor must have personnel that can fill the requirements of the Supervisory Personnel identified in this Section depending on the Task(s) bid. See Supplement A and Section 8.6.4. The term “Corporate” applies to Multiple Laboratory Contractors. If the Contractor is a Single Laboratory Contractor, the senior supervisory positions cited in Sections 8.6.2.1 through 8.6.2.6 are equivalent. See conversion chart below. References to Multiple Laboratory Contractors, headquarters laboratory or Assistant Quality Assurance Officer do not apply to the Single Laboratory Contractor. However, Single Laboratory Contractors shall appoint Assistant Document Control Officers and Sample Custody Officers.

CORPORATE PERSONNEL CONVERSION CHART

POSITION MULTIPLE LABORATORY CONTRACTOR

SINGLE LABORATORY CONTRACTOR

8.6.2.1 Laboratory Director (Manager) Laboratory Director (Manager) 8.6.2.2 Assistant Laboratory Director

(Assistant Laboratory Manager) Assistant Laboratory Director (Assistant Laboratory Manager)

8.6.2.3 Corporate Project Manager Project Manager 8.6.2.4 Corporate Quality Assurance Officer Quality Assurance Officer 8.6.2.5 Alternate Corporate Quality Assurance

Officer Alternate Quality Assurance Officer

8.6.2.6 Corporate Document Control Officer Document Control Officer

8.6.2.1 Laboratory Director (Manager), Or Designee

This individual must have sufficient experience to supervise the day-to-day operations of the entire laboratory. This individual is responsible for performing the duties described in N.J.A.C. 7:18-2.11(a) 1. The laboratory manager of the headquarters laboratory shall sign DEP Form 1A, with the Corporate Quality Assurance Officer (QAO), releasing all data packages.

8.6.2.2 Assistant Laboratory Director (Manager)

This individual must have sufficient experience to supervise the day-to-day operations of the entire laboratory. This individual is responsible for performing the duties described in N.J.A.C. 7:18-2.11(a) 1 on an interim basis. The Assistant Laboratory Director (ALD), located at the headquarters laboratory shall sign DEP Form 1A, with the Corporate QAO, releasing all data packages during short term absences of the Laboratory Director. The ALD must notify the Contract Administrator in writing, providing the reason for assumption of duties, and the anticipated duration.

8.6.2.3 Contract Project Manager/Assistant Corporate Project Manager

This individual serves as the sole point of contact with the using agency for non-quality assurance issues. Responsibilities include, engagements, purchase orders, and other non-quality assurance related correspondence. Locate the project and assistant project manager at the headquarters laboratory.

8.6.2.4 Corporate Quality Assurance Officer/Quality Assurance Officer Or Designee

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The Contractor shall have a Corporate Quality Assurance Officer (CQAO) or a Quality Assurance Officer (QAO) reporting directly to corporate management. The CQAO/QAO has responsibility for ensuring that all Assistant Quality Assurance Officers (AQAO, See Section 8.6.3.2), execute corporate quality control and quality assurance protocols in exactly the same manner. This individual is responsible for the duties described in N.J.A.C. 7:18-2.11(a) 3. Locate the CQAO/QAO at the headquarters laboratory. The CQAO/QAO signs DEP Form 1A releasing all data packages. The Assistant QAO is authorized to approve (sign off) internal QA documentation when releasing information to the CQAO.

The CQAO can simultaneously serve as the QA Officer of the corporate

headquarters laboratory.

The CQAO/QAO serves as the sole point of contact with the NJDEP Contract Administrator for all quality assurance issues.

8.6.2.5 Alternate Corporate Quality Assurance Officer

The Contractor shall designate an Alternate Corporate Quality Assurance Officer (ACQAO) or an Alternate Quality Assurance Officer (AQAO).

The ACQAO/AQAO can serve in any other QA position. If the ACQAO/AQAO serves as a laboratory supervisor or analyst, he/she shall not review his/her own work.

8.6.2.6 Corporate Document Control Officer/Document Control Officer

The Contractor shall designate a Corporate Document Control Officer

(CDCO)/Document Control Office (DCO) reporting to corporate management. The CDCO/DCO has the responsibility for all aspects of the organization, assembly, consistency and shipping of the Complete Sample Batch Information.

The CDCO/DCO has responsibility for supervising the activities of all Assistant

Document Control Officers.

The CDCO/DCO can serve in any other position in the laboratory. 8.6.2.7 Sample Custody Officer The Contractor shall designate a Sample Custody Officer (SCO) reporting to

corporate management. The SCO has responsibility for all aspects of sample receipt, login, internal security (chain of custody), and distribution of the sample or extracts, as well as, documentation of the fate of the sample (consumption, destruction, or disposal).

The SCO has responsibility for supervising the activities of all Assistant Sample Custodians. The SCO shall have a minimum of six (6) months experience in the sample receiving, login, chain of custody documentation and internal sample transfer.

8.6.2.8 Data Base Manager (DBM)

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The Contractor shall designate a Data Base Manager (DBM) reporting to corporate management. The DBM has the responsibility for maintaining archives of electronic data, including the deliverables required by this contract. The DBM has the responsibility of system operation and maintenance, data base integrity, and data and system security as required by this contract.

8.6.2.9 Sample Preparation Supervisor

The Sample Preparation Supervisor shall meet the requirements of N.J.A.C. 7:18-2.10(b) 3, 4 & 7 and N.J.A.C. 7:18-2.11(a) 2.

8.6.2.10 GC Supervisor

The GC Supervisor’s duties shall include the requirements of N.J.A.C. 7:18-2.11(a) 2.

8.6.2.11 GC/MS Supervisor

The GC/MS Supervisor shall meet the requirements of N.J.A.C. 7:18- 2.11(a) and meet the requirements of N.J.A.C. 7:18 2.10(b) 4 & 7.

8.6.2.12 Inorganic Laboratory Supervisor

The Inorganic Laboratory Supervisor shall meet the requirements of N.J.A.C. 7:18-2.10(b) 4 and N.J.A.C. 7:18- 2.11(a) 2.

8.6.2.13 Substitution Of Supervisory Personnel

Contractors shall have sufficient personnel to substitute for absent supervisors.

8.6.3 NONSUPERVISORY PERSONNEL REQUIREMENTS

The Contractor shall have sufficient personnel, having the necessary education, training, technical knowledge and experience for their assigned functions depending on the Task bid. See Appendix #1. All personnel shall be responsible for complying with all quality assurance/quality control requirements that pertain to their organizational/technical function. Each laboratory staff member must have a combination of experience and/or education to demonstrate adequate knowledge of their particular function and a general knowledge of laboratory operations, analytical methods, quality assurance/quality control procedures and resource management.

8.6.3.1 Assistant Quality Assurance Officer (QAO)

The Assistant Quality Assurance Officer (QAO) shall report directly to the Corporate QAO for execution of corporate quality control and quality assurance protocols. This individual will serve as the quality assurance officer for subordinate laboratories for Multiple Laboratory Contractors. This individual is responsible for the duties described in N.J.A.C. 7:18-2.11(a) 3.

8.6.3.2 Assistant Sample Custody Officer

The Assistant Sample Custody Officer (ASCO) shall report directly to the

Sample Custody Officer (SCO) for the execution of corporate sample custody procedures. The ASCO serves as an additional SCO within the laboratory, or

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for subordinate laboratories for Multiple Laboratory Contractors. The ASCO is responsible for assisting the SCO.

The ASCO shall have a minimum of three (3) months experience in sample

receiving, sample login, chain of custody documentation and internal sample transfer.

8.6.3.3 Cold Vapor Atomic Absorption Spectroscopist

The Atomic Absorption Spectroscopist shall have a minimum of a Bachelor's degree in chemistry or any other science, formal training in AA spectroscopy, one (1) year experience in the operation and. maintenance of graphite furnace, and cold vapor atomic absorption instruments. The analyst can substitute an additional three (3) years experience in the operation, maintenance, and interpretation of AA data for the BS degree.

8.6.3.4 GC/MS Operator

The GC/MS Operator shall meet the requirement of N.J.A.C. 7:18-2.10(b)7.

8.6.3.5 ICP/MS Operator

The ICP/MS Operator shall meet the requirement of N.J.A.C. 7:18-2.10(b)5. 8.6.3.5 GC Operator

The GC Operator shall have a minimum of a Bachelor’s degree in chemistry or any other science, formal training in gas chromatography, one (1) year experience in the operation and. maintenance of gas chromatogram instruments. The analyst can substitute an additional three (3) years experience in the operation, maintenance, and interpretation of GC data for the BS degree.

8.6.4 PERSONNEL REQUIRED BY TASK

8.6.4.1 Personnel Required for Task I - Volatile Organics

Laboratory Director Assistant Laboratory Director Quality Assurance Officer Data Base Manager Sample Preparation Supervisor (if applicable) Project Manager Document Control Officer Sample Custody Officer GC/MS Supervisor GC/MS Operator

8.6.4.2 Personnel Required for Task II - Synthetic Organics

Laboratory Director Assistant Laboratory Director Quality Assurance Officer Data Base Manager Sample Preparation Supervisor (if applicable) Project Manager

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Document Control Officer Sample Custody Officer GC Supervisor

GC Operator

8.6.4.3 Personnel Required for Task III - Mercury

Laboratory Director Assistant Laboratory Director Quality Assurance Officer Data Base Manager Sample Preparation Supervisor (if applicable) Project Manager Document Control Officer Sample Custody Officer Inorganic Supervisor Cold Vapor Atomic Absorption Spectroscopist

8.6.4.4 Personnel Required for Task IV - Arsenic

Laboratory Director Assistant Laboratory Director Quality Assurance Officer Data Base Manager Sample Preparation Supervisor (if applicable) Project Manager Document Control Officer Sample Custody Officer Inorganic Supervisor ICP/MS Operator

8.7 STANDARD OPERATING PROCEDURES MANUAL (SOP)

Before a final contract is awarded, recommended Contract Awardees will be required to submit a Standard Operating Procedures Manual Certification chart (Supplement D). On this two page form, Awardees must certify that portions of their SOP manual as it applies to each task bid is in compliance with the New Jersey Laboratory Certification Regulations, N.J.A.C. 7:18. In addition, Awardees must certify that other sections of their SOP manual that are not required by the New Jersey Laboratory Certification Regulations have been modified to conform with the requirements of this contract. If the NJDEP Contract Administrator discovers that those certifications are false, it shall form a basis to suspend the Contractor and may form a basis to issue a formal complaint concerning the Contractor and potentially terminate the contract. In addition, Section 7.9 of this contract requires Contract Awardees to submit copies of all the method SOPs as they apply to the tasks bid. The Contractor must perform all analysis under this contract in accordance with the submitted Method SOPs. 8.7.1 SOP DOCUMENT

The Contractor shall maintain one (1) corporate SOP manual reflecting all activities, including analytical protocols, as currently performed and covered by the analytical methods and New Jersey Regulation N.J.A.C. 7:18-5.5 (a) & (b) as it applies to the tasks bid. Individual Laboratory Directors (Managers) and the Corporate Quality Assurance Officers are responsible for ensuring that all

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Preferred Customer
Is this level of detail really necessary within the IFB, for all IFBs!!!? Isn’t this applying a more stringent requirement upon ourselves than the regulated community?
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corporate facilities employ the same SOP document. Methods shall be the same as those submitted to the State in accordance with Section 7.9.F of this contract.

8.7.2 SOP MANUAL AVAILABILITY

These SOP’s MUST be available to the Department during on-site contract compliance inspections or submitted to the Department upon written request. If during an onsite audit inspection and after a review by the NJDEP Contract Administrator, the Contractor’s SOP is found to be non-compliant with either the requirements of N.J.A.C. 7:18 or this contract, the Contractor shall be suspended for all contract work until the deficiencies have been rectified and corrected or approved by the NJDEP Contract Administrator. If during the data validation process, the analytical data generated was found to differ from the compliant method SOPs, the Contractor shall be suspended for all contract work until deficiencies have been rectified and approved by the Contract Administrator. The Contractor in all cases will have to rectify SOP compliance with the NJDEP Contract Administrator.

8.7.3 PERSONNEL FAMILIARITY

Contractor personnel shall be familiar with the portions of the SOP manual that apply to their function and shall be able to demonstrate the application of the SOP to the NJDEP Contract Administrator during an announced or unannounced inspection of the facility. Personnel having oversight responsibility for the various laboratory operations must be identified by title within the SOPs for their areas of responsibility.

8.7.4 SOP STRUCTURE

The SOP manual must present a section specifying and defining any Contractor specific acronyms and terms. Each section and procedure provided in the SOP manual must be complete and include all elements and components of the procedure. SOP manual procedures may not cross reference to other procedures. The SOP manual must address the following requirements in detail:

8.7.4.1 Chain Of Custody Procedures

The SOP manual must detail all aspects of external and internal chain of custody. The SOP manual must include exhibits of properly completed NJDEP Chain of Custody Forms (DEP Forms 077, 095, and 096) and NJ Department of Law and Public Safety, (NJDL & PS, Division of Criminal Justice (DCJ) Evidence Voucher (Short and Long Forms). The SOP manual must indicate that the Contractor will process NJDL&PS DCJ Evidence Vouchers in the same manner as NJDEP Chain of Custody after receipt at the laboratory. Contractors may use bar codes on internal chain of custody documents provided preprinted identification numbers appear on the bar code form. Personnel must sign custody documents. Stamped signatures are not acceptable. See Section 8.28 of this Scope of Work.

8.7.4.2 Sample Container Preparation And Shipment Procedures

The SOP manual must present procedures for the preparation of sample bottles, vials and shipping containers. This SOP must address sample bottle

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types, preservatives (if required) for each analysis, trip and field blank waters, packaging, cooling, labeling, custody seals, as well as shipment from the laboratory facility. The SOP manual must address how the shipping containers will comply with Federal Air Transportation requirements for the return shipment of samples.

8.7.4.3 Sample Bottle Control And Cleaning Procedures

If the Contractor purchases pre-cleaned sample bottles from any source, the SOP must set forth a QC check and stock rotation system to prevent contaminated or substandard bottles from being inadvertently used. SOP manual procedures must include a QC check and stock rotation plan for all glassware and bottles cleaned by the laboratory. If the Contractor purchases sample bottles, but performs its own cleaning operations, the SOP manual procedures must address not only cleaning, but also a QC check and stock rotation system to prevent contaminated or substandard bottles from being inadvertently used.

8.7.4.4 Sample Receipt And Log-In Procedures

The SOP manual must detail receipt, examination and log in of samples received from the Contract Users. The SOP manual must contain a checklist, insuring that all incoming samples are examined in the same manner and indicate how receipt and login procedures differ from login procedures used for other clients. The SOP manual must establish procedures for after hours receipt and insure that access to the samples is restricted to the Sample Custodians. The SOP manual must bar analysts from access to sample storage facilities. The SOP manual must indicate that the Sample Custodian is responsible for initiation of internal chain of custody. The SOP manual must include instructions for completion of all associated forms and documents, as well as, exhibits of properly completed forms. If the Contractor operates more than one shift, the SOP manual must specify that appropriate sample custody personnel will be present during that shift.

8.7.4.5 Sample Identification And Storage Procedures

The SOP manual must include procedures for the assignment of sample identification numbers, assignment of storage locations and methods of tracking the sample within the laboratory. The SOP manual may allow the use of stick-on labels with sample identification bar codes applied to NJDEP Chain of Custody forms to identify and transfer samples provided the stick-on bar code labels have preprinted sample numbers. Contractors may not use computerized printouts bearing numbers for documenting sample transfers. Signatures must appear on all NJDEP Chain of Custody forms documenting storage and transfers.

8.7.4.6 Sample And Laboratory Contamination Procedures

The SOP manual must include procedures to prevent potential cross contamination of samples in the laboratory due to leaks, spills or accidents within the laboratory. The SOP manual must present procedures for notifying management of laboratory and/or sample contamination.

8.7.4.7 Reagent And Standard Purity, Preparation, And Storage Procedures

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Preferred Customer
Isn’t there something along these lines in the new lab cert. Regs?
Preferred Customer
Ibid:
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The SOP manual must meet the requirements of N.J.A.C. 7:18 5.4(a) for reagent and standards purity, preparation and storage.

8.7.4.8 Analytical Procedure For Each Analysis Performed Under The Contract

The SOP manual must include copies of all analytical methodologies for all parameters. Where analytical methods offer choices in selected portions of the method(s) the Contractor shall standardize the choice selected in the SOP and must ensure those specific methods are followed. If a specific method is shown on the Price Schedule in this document the SOP manual must reflect that method.

8.7.4.9 Method Detection Limit, Minimum Detectable Concentration, Precision And

Accuracy, Determination Procedures

The SOP manual must include methods to achieve MDLs equal to the MDLs specified in the Drinking Water Method or specified in Federal Regulations at 40 CFR 141 and 143 for each parameter. The exception to this is the arsenic MDL that is specified in contract section 8.22.2.4. The SOP manual must have procedures that comply with N.J.A.C. 7:18-5.5 entitled Quality Control/Quality Assurance Requirements and N.J.A.C. 7:18.5.5 (c )10. The Contractor must determine MDLs in accordance with procedures set forth in Appendix B, 40 CFR 136, entitled Definition, and Procedures for the Determination of the Method Detection Limit, Revision 1.11. The Contractor must maintain and make available to the Department’s Office of Quality Assurance any data generated and used for establishing MDLs, precision and accuracy. The Contractor is referred to Section 8.22.2 for Detection Limit Requirements.

8.7.4.10 Technical And Managerial Review (Data Validation) Procedures

The SOP manual shall have sufficient technical and management data validation procedures to comply with the analytical methods. The data validation procedures must provide specific detail as to how data will be validated and must specify the responsibilities for all individuals involved in the process.

8.7.4.11 Contract Compliance Screening Procedures

The SOP manual must include procedures to ensure compliance with the contractual provisions of this contract, including, but not limited to, procedures on the preparation and delivery of data packages. The SOP manual must specify that data reports will be prepared and delivered in accordance with the Regulatory Data Report Format cited in Appendix 3 of this contract. The SOP manual shall include a checklist based on Appendix 3 for use by the Document Control Officer and report production personnel. The procedures and checklist must have provisions for tracking any portion of the package returned to analytical personnel for correction and ensure that the report delivery time specified in this contract are met. It is permissible to use the USEPA CCS Checklist (DC-2) as a model for the Contractor’s checklist.

8.7.4.12 Water Preparation And QC Procedures

The SOP manual must include procedures to comply with N.J.A.C. 7:18-3.3(a)9, regarding laboratory water preparation. The SOP manual must include procedures for preparing, issuing, tracking and tracing trip and field blanks back to an actual analysis performed on the same day. Trip and field

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Preferred Customer
Ibid.
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blank waters must be the same as the waters used for analyses. Procedures must assure and record routinely the conductivity or resistivity of the required ASTM Type I and II (low organic) waters.

8.7.4.13 Procedures For Requesting Permission To Dispose Of State Samples

The SOP manual must require the Contractor to notify the Contract User and to receive permission from the Contract User to dispose of sample remnants. This procedure must require written notification to the Contract User with a copy to the Contract Administrator and must require a written response from the Contract User prior to sample remnant disposal. Include an example of the document requesting permission for sample disposal in the SOP manual. DO NOT DISPOSE OF NJDL&PS DCJ OR OTHER STATE SAMPLES UNTIL WRITTEN AUTHORIZATION IS RECEIVED FROM THE AGENCY.

8.8 EQUIPMENT REQUIREMENTS

8.8.1 GENERAL INSTRUMENTATION REQUIREMENTS

The laboratory shall meet and maintain the minimum standards for laboratory instrumentation set forth in the “Regulations Governing Laboratory Certification and Standards of Performance” N.J.A.C. 7:18-1.1 et seq. Laboratory is referred to N.J.A.C. 7:18-3.2 through 7:18-3.3 and 7:18-5.2(a)1 through 7:18-5.2(a)18. In addition, the equipment requirements specified in the applicable analytical methods cited in the applicable price schedules shall be met and maintained for the duration of the contract. For archival storage of all data, except computerized data, the laboratory shall maintain a bound paginated laboratory notebook with the analyst and supervisor’s signature. Sign any computerized printout or chromatogram not maintained in a notebook on the first and last page.

8.8.2 ADDITIONAL REQUIREMENTS FOR GC/MS ANALYSIS

A mass spectrometer equipped with a computerized MS library search system capable of providing reverse searching for targeted analytes and forward searching for non-targeted analytes. Use the MOST recent NIST/EPA/MSDC (May 1992 release or later), or the most recent Wiley (May 1991 release or later) mass spectral library for forward searches of non-targeted analytes. The system shall also be capable of removing background signals from the suspect chemical pollutant spectrum (background subtraction capability). The laboratory must also comply with N.J.A.C. 7:18-5.2(a)9 and N.J.A.C. 7:18-5.2(a)13)(iii).

8.8.3 ELECTRONIC MEDIA STORAGE FOR DATA

The Contractor shall store all raw data and processed electronic analytical data in the appropriate instrument manufacturer’s format, uncompressed and with no security codes. The electronically stored data shall include all data needed to completely reconstruct a hard copy and electronic deliverable. The electronic data files shall include, but are not limited to: blanks, spikes, laboratory duplicates, tunes, calibrations, quality control samples, proficiency testing samples, and check samples. The electronic data files shall also include all contractor generated spectral libraries and quantitation reports as well as the associated raw data files if those files contain data or instrument parameters related to analytical results. The electronic data files must be sent to the NJDEP Contract Administrator within 7 days following a request for it.

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The Contractor must retain all raw and processed electronic data files for ten (10) years. The laboratory shall comply with N.J.A.C. 7:18-5-6(a).”

8.9 CHANGES IN ANALYTICAL METHODS

The NJDEP Contract Administrator will notify Contract Users and Contractors in accordance with the procedures cited in Section 8.5.1.5 if, and when, it becomes necessary to make changes to the parameters during the term of the Contract. The NJDEP Office of Quality Assurance will inform the Contract Administrator to make changes when the EPA issues new methods or revisions of current methods.

8.10 SUBMITTAL OF ADDITIONAL SAMPLES FOR ANALYSIS

The Department reserves the right to submit additional samples to the laboratory, if due to temperature, surrogate areas or internal standard areas problems, the laboratory is unable to analyze the samples in compliance with the Method requirements or Laboratory Certification requirements. If the Contractor has conducted remedial action as required by the method and the samples are still out of control, it is determined not be within the control of the laboratory. The Contractor is required to request another sample from the Contract User for analysis. In this situation the Contract User is obligated to pay for both the initial analysis and the reanalysis.

8.11 ENGAGEMENT

Contract Users will contact the Contractor for an engagement in accordance with the engagement procedures specified in Section 9.0 and provide all the information necessary for the Contractor to prepare and ship sample bottles and begin work. If a Contract User is not supplying the Contractor with sufficient engagement information, the Contractor should notify the NJDEP Contract Administrator.

8.12 SAMPLE BOTTLE PREPARATION

The Contractor shall prepare sample bottles for sample analysis in accordance with the procedures specified in the SOP manual and the method and ship the bottles in accordance with the directions provided by the Contract User and the shipping plan. This includes providing appropriate bottles types, preservatives if needed, field reagent blanks, packaging, cooling, labeling and packing in an appropriate shipping container.

8.13 SAMPLE BOTTLE AND SAMPLE VOLUME REQUIREMENTS

This contract requires Contract Users to collect additional vials or bottles of drinking water samples than that specified in the analytical method. This, in turn, will require Contractors to deliver extra sample bottles to Contract Users. The extra vials or bottles are specified so that Contractors have sufficient volume to screen samples (method 524.2) and/or to reanalyze samples if quality control problems arise.

8.13.1 SAMPLE BOTTLES NEEDED FOR VOLATILE ORGANICS ANALYSIS - TASK I

Samples collected for Volatile Organic analysis by Method 524.2 shall be collected in 40 mL vials equipped with a screw cap with Teflon faced silicone septum as required by Method Section 6.1.

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Sample Type Number and Type of Required Vials

Sample alone 3 - 40 mL vials

Field Reagent Blank (Trip Blank) 3 – 40 mL vials (prepared by Contractor)

The volumes listed below are in addition to the sample volume per batch of 20 samples or less.

QC Samples Number and Type of Required Vials

Laboratory Duplicate ( 2 required) 6 – 40 mL vials ( 3 for each duplicate)

Fortified Sample Matrix 3 – 40 mL vials

8.13.2 SAMPLE BOTTLES NEEDED FOR SYNTHETIC ORGANIC ANALYSIS–TASK II

Samples collected for Synthetic Organic analysis by Method 504.1 shall be collected in 40mL vials equipped with a Teflon faced septa 1.8 mL screw cap as required by Method Section 8.1.2.

Sample Type Number and Type of Required Vials

Sample alone 3 – 40 mL vials

Field Reagent Blank (Trip Blank) – For Every 10 field samples or less 1 Field Reagent Blank is required

3 – 40 mL vials (prepared by Contractor)

The volumes listed below are in addition to the sample volume per batch of 20 samples or less.

QC Samples Number and Type of Required Vials

Contractor Duplicates (2 required) 6 - 40 mL vials (3 for each duplicate)

Fortified Sample Matrix 3 – 40 mL vials

8.13.3 SAMPLE BOTTLES NEEDED FOR MERCURY ANALYSIS - TASK III

Samples collected for Mercury analysis by Method 245.1 must be collected in either

Glass or Plastic, 250 mL bottles.

Sample Type Number and Type of Required Vials

Sample alone 1 - 250 mL bottle

Field Reagent Blank (Trip Blank) 1 - 250 mL bottle (prepared by Contractor)

The volumes listed below are in addition to the sample volume per batch of 20 samples

or less.

QC Samples Number and Type of Required Vials

Laboratory Duplicate (2 required) 2 – 250 mL bottles ( 1 for each duplicate)

Fortified Sample Matrix (2 required) 2 – 250 mL bottles ( 1 for each fortified sample matrix)

8.13.4 SAMPLE BOTTLES NEEDED FOR ARSENIC ANALYSIS - TASK IV

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Samples collected for Arsenic analysis must be collected in either Glass or Plastic, 250 mL bottles.

Sample Type Number and Type of Required Vials

Sample alone 1– 250 mL bottle

Field Reagent Blank (Trip Blank) 1 –250 mL bottle (prepared by Contractor)

The volumes listed below are in addition to the sample volume per batch of 20 samples or less. QC Samples Number and Type of Required Vials

Laboratory Duplicate (2 required) 2 – 250 mL bottles (1 for each duplicate)

Fortified Sample Matrix (2 required) 2 – 250 mL bottles ( 1 for each fortified sample matrix)

The Contractor shall inform the Contract User, in their instruction sheets how many vials/bottles are required per sampling point. The Contractor will hold in reserve the additional volume under refrigeration at < 4oC until the analysis is complete. After the analysis of the samples, the additional volume will be stored as required by Section 8.20 entitled Sample Retention/Disposal. However, if even with the additional volume collected, the Contractor is unable to comply with the criteria of the method, the Contractor must request a new sample from the State.

8.14 SAMPLE PRESERVATION REQUIREMENTS

The Contractor will provide most of the chemicals used for sample preservation and the Contract Users will be responsible for obtaining some sample preservation chemicals. Pre-preserved bottles may be used as long as the requirements in the Laboratory Certification Regulations N.J.A.C. 7:18-9.3(b) and 7:18-9.4(b) are met. The Contractor must document the pre-preservation procedures in the SOP manual and inform the Contract Users of the preservation of the bottles.

In accordance with the requirements of the organic methods, all the samples (including the inorganics) must be chilled to 4oC or less at the time of collection and maintained at that temperature until analysis. Field samples that will not be received at the laboratory on the day of collection must be packaged for shipment with sufficient artificial ice to ensure that they will be <4oC on arrival at the laboratory.

8.14.1 SAMPLE PRESERVATION OF FIELD REAGENT BLANKS

The Field Reagent Blanks (Trip Blanks) are required for all the analytical methods. These blanks must be prepared by the laboratory and preserved in the same manner as real samples. The reagent blanks are shipped out with the sample bottles to the field and accompany the samples back to the laboratory. When the field reagent blanks are returned to the laboratory, they must be analyzed in accordance with the requirements of the appropriate methods.

8.14.2 SAMPLE PRESERVATION OF VOLATILE ORGANIC SAMPLES

The majority of the sampling conducted under this contract will involve private wells or raw water wells or supplies and some samples of finished water from water supply systems. Samples that are derived from monitoring wells, hydropunch or

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geoprobe drilling activities may be analyzed on a case-by-case basis. Raw and finished water require different preservation techniques.

8.14.2.1 Raw Water Preservation for Volatile Organics

Drinking water volatile organic samples shall be properly preserved in accordance with the most recent edition of 40 CFR 141 and 143 and the Laboratory Certification Regulations N.J.A.C. 7:18 Table 9-1 and Section 7:18-9.4(b). There is no chlorination treatment step for these samples.

8.14.2.2 Finished Water Preservation for Volatile Organics

Finished water is collected from a water supply system after treatment and chlorination. If finished water is collected in this contract, the requirements of USEPA Method 524.2 Version 4.1, Section 8.1.1 and 8.1.2 must be followed. This section describes finished water preservation for volatiles organics.

“Section 8.1.1 Sample Collection and Declorination. Collect all samples in duplicate. If samples, such as finished drinking water, are suspected to contain residual chlorine, add about 25 mg or ascorbic acid per mL of sample to the sample bottle before filling. Three milligrams of sodium thiosulfate should be added for each 40 mL of water sample.

Note: If the residual chlorine is likely to be present > 5 mg/L, a determination of the amount of the chlorine may be necessary. Diethyl-p-phenylenediamine (DPD) test kits are commercially available to determine residual chlorine in the field. Add an 25mg of ascorbic acid or 3 mg of sodium thiosulfate per each 5mg/L of residual chlorine.”

8.14.3 PRESERVATION OF SYNTHETIC ORGANIC SAMPLES

Each 40 mL vial provided by the Contractor must contain 3 mg thiosulfate crystals or 75 uL of freshly prepared sodium thiosulfate solution (40 mg/mL) that have been added to the empty 40 mL vials prior to shipping to the site. This is accordance with Method Section 8.1.1.

8.14.4 PRESERVATION OF MERCURY SAMPLES

Each 250 mL bottle provided by the Contractor must be acidified with (1+1) nitric acid and contain sufficient amount to acidify the sample to a pH<2 at time of collection.

8.14.5 PRESERVATION OF ARSENIC SAMPLES (ALL METHODS)

Each 250 mL bottle provided by the Contractor must be acidified with (1+1) nitric acid and contain sufficient amount to acidify the sample to a pH<2 at time of collection.

8.15 SHIPPING

8.15.1 SHIPPING CHAIN OF CUSTODY

The Contractor must comply with the SOP manual, Section 8.7.4.1 (Chain of Custody) of this contract and the additional Chain of Custody requirements cited below:

When releasing sample bottles to a Contract User, the Contractor must provide a

completed NJDEP Chain of Custody Form. Chain of Custody commences with the

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laboratory release of sample bottles. The Sample Custodian will retain the bottom NCR copy of the External Chain of Custody form for his records.

The Contractor shall seal all shipping containers to ensure the integrity of the chain

of custody of the sample bottles. The Contractor shall seal the shipping containers with an appropriately numbered custody-sealing device and record the sealing device number on the Chain of Custody Form. The Contractor shall inspect all shipping containers prior to shipping, ensuring that the appropriate containers are present for each analysis requested. The Sample Custodian will retain the bottom NCR (goldenrod ) copy of the External Chain of Custody form for his records.

8.15.2 SHIPPING CONTAINERS

8.15.2.1 The Contractor shall provide sample bottles in an appropriate shipping

container. The shipping container shall securely hold the sample bottles. Sample bottles for each analytical parameter must meet the criteria specified in Laboratory Certification Program N.J.A.C. 7:18 Subchapter 9 Table 9-1.

8.15.2.2 The Contractor must use custody seals to seal the empty shipping container for

delivery to the agency. The shipping containers must come with sufficient frozen artificial ice to maintain all sample bottles at 4oC or below for shipment to the Contract User for up to two (2) days shipping to the State offices or to the site.

The Contract User returns samples in the laboratory provided shipping container. The Contract User has responsibility for ensuring the samples are adequately cooled with sufficient artificial ice for the return shipment to the laboratory. The use of Styrofoam blocks, or pellets as packing is unacceptable.

This Contract PROHIBITS Contract Users and the Contractor from purchasing insurance to insure return sample shipments to the laboratory. If the Contract User inadvertently or otherwise insures the samples with the common carrier, the Contractor should request reimbursement from the Contract User for the cost of the insurance that was added to the shipping charge.

8.15.2.3 When shipping empty sample bottles to Contract Users, the Contractor shall

include a completed NJDEP Chain of Custody Form or NJDL&PS Evidence Voucher with the sample bottles. Chain of Custody commences, except for samples submitted by the NJDL&PS DCJ, when the Contractor ships the sample bottles.

8.15.2.4 The Contractor shall seal all shipping containers to insure the integrity of the

chain of custody and the sample bottles. The Contractor shall seal the shipping containers with an appropriately numbered sealing device. Record this sealing device number on the Chain of Custody Form. The Contractor shall inspect all shipping containers prior to shipping, to ensure that all the appropriate bottles are present for each analysis requested.

8.15.2.5 The Contractor shall analyze samples only at an approved laboratory. The

Contractor shall analyze samples at the laboratory that shipped the sample bottles.

8.15.3 TEMPERATURE INDICATORS

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8.15.3.1 The Contractor may include a temperature indicator bottle in every shipping container. The temperature indicator bottle shall contain an appropriate liquid for monitoring the temperature of the shipment case and the samples on arrival at the laboratory. The Contractor is to place the temperature indicator bottle in an appropriate position in the shipping container with the sample bottles. On receipt, sample custody personnel shall determine the temperature of the shipping container and contents as cited below:

1. Locate temperature indicator bottle, remove screw cap and insert a

calibrated thermometer (-50 to 50ºC). 2. Permit the thermometer to equilibrate for 3 -- 5 minutes. 3. Record temperature on the appropriate chain of custody and other

appropriate documents.

8.15.3.2 As an alternative to using a thermometer, the Contractor may check the temperature of a sample bottle by using an infrared thermometer. Use of an infrared thermometer must comply with NJDEP’s laboratory certification code at N.J.A.C. 7:18-3-3(a)5. Specifically, the verification and accuracy requirements set forth in N.J.A.C. 7:18-3-3(a)5v. The infrared temperature measuring devices must be verified quarterly and the data must be entered into a logbook signed by the analyst.

8.16 SHIPMENT BY COMMON CARRIER

Empty sample bottles must be shipped from the Contractor to the Contract User (at the Contractor’s expense) and samples must be shipped from the Contract User to the Contractor (at the Contractor’s expense). NJDEP will not pay the Contractor extra money for the normal shipment of sample bottles and samples.

8.16.1 SHIPMENT OF EMPTY SAMPLE BOTTLES TO THE CONTRACT USER

Section 8.16 requires the Contractor to ship uncontaminated sample bottles in an appropriate shipping container to the Contract User upon request.

8.16.1.1 The Contractor must provide a mechanism to ship empty sample bottles to the

Contract User by an overnight common carrier. The Contractor will ship sample bottles only to official State offices, warehouses or work sites. Costs for this service are included in the price of analysis.

8.16.1.2 The Contractor must in all circumstances provide an appropriate cooled

shipping container in accordance with the SOP. 8.16.1.3 The Contractor must allow Contract Users to pick up sample bottles directly

from the Contractor at no extra charge to the State.

8.16.2 SURFACE TRANSPORTATION

Laboratories shipping sample bottles via common carriers that use surface transportation shall ship those sample bottles in an appropriate shipping container. Shipping containers shall securely hold the sample bottles. Contractors that provide routine surface delivery of empty sample bottles from the laboratory to NJDEP or State Work Sites and pick up of samples from NJDEP or State Work Sites using the Contractor owned vehicles and personnel have been determined to be common carriers as defined by the USDOT. The Contractor, therefore, is required to conform to all of the requirements listed in the paragraph

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above. The Contractor certifies that if it provides a sample bottle delivery and sample pick up service using its own vehicles and personnel that it is in conformance with 49 CFR 170 through 180 (USDOT).

8.16.3 AIR TRANSPORTATION

Laboratories shipping sample bottles via carriers that transport samples via air carrier shall ship those sample bottles in an appropriate shipping container. Shipping containers shall securely hold the sample bottles. All materials provided by the Contractor to the State that will be shipped back to the Contractor via air carrier shall comply with the requirements of the air carrier.

8.16.4 MARKINGS AND LABELS

For both surface and air transportation of samples, the Contractor must provide adequate quantities of appropriate marking and labeling materials, for the return shipment in accordance with the requirements of the aforementioned regulations cited above.

8.16.5 COMPLIANCE WITH THE SHIPPING PLAN

Contract Awardees are required to submit a Shipping Plan in accordance with Section 7.9 of this contract. The Shipping Plan will identify the Contractors common carrier, examples of all paperwork, labels and placards associated with shipping, a complete description of the high hazard Packing Group I shipping containers, a statement on the Contractors training received in shipping hazardous substances and directions to Contract Users on how to pack samples into the shipping containers. The Shipping Plan will be approved by NJDEP before a contract award is finalized. All shipping under this contract must be performed in accordance with the approved Shipping Plan. Failure to provide shipping containers or to provide shipping services that comply with the Shipping Plan may form a basis to suspend the Contractor from performing services under this contract for one month. A second infraction of the Shipping Plan may form a basis to suspend the Contractor from performing services under this contract for three months. A third infraction will form a basis for contract termination. Such actions shall be performed at the discretion of the NJDEP Contract Administrator.

8.16.6 SHIPPING CONTAINERS

Shipping containers used to ship samples under this contract must at a minimum meet USDOT specifications and the requirements of the air carrier. The shipping containers must be able to contain any and all leakages that may occur during all phases of the shipment from and to the Contractor.

8.17 CONTRACT USER RECEIVES BOTTLES AND COLLECTS SAMPLES

The Contract User will inspect the shipping container for compliance with the Shipping Plan. The Contract User will reject improperly prepared empty sample bottles. The Contract User will return rejected sample bottles to the Contractor and the Contractor must absorb the cost of sample container shipment. The Contract User will not pay for the shipment of sample bottles that are rejected. The reasons for rejection include, but are not limited to the following: 8.17.1 Empty sample bottles received without chain of custody forms, without proper

chain of custody forms, without properly completed chain of custody forms or in any manner that would compromise the chain of custody must be rejected.

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8.17.2 Sample bottles received with insufficient frozen artificial ice needed to maintain all

samples at 4oC or below must be rejected. 8.17.3 Failure to provide all the sample bottles requested, failure to provide the type of

sample bottles requested, or failure to include requested field blanks, trip blanks, preservatives, or any other problem with the sample bottles that would jeopardize the sampling event will form a basis to reject the sample bottles. Failure to provide a shipping container with an appropriate UN code or any of the shipping container components will form a basis to reject the shipping container.

8.17.4 STATE SAMPLE BOTTLES

Contract Users may supply their own sample bottles instead of requesting sample bottles from the Contractor. The Contractor MUST accept samples taken in containers provided by Contract Users. The Contract User must, as a shipper, comply with the requirements cited in Section 8.16. Contractors will be required to absorb the cost of shipping Contractor User supplied samples in Contract User supplied shipping containers. There will be no increase or decrease in the contract prices in the event Contractors are requested to analyze samples taken in Contract User supplied sample bottles.

8.17.5 SAMPLE COLLECTION

The Contract User will be responsible for sample collection and completing chain of custody forms.

8.18 CONTRACT USER SHIPS SAMPLES TO THE CONTRACTOR

8.18.1 Delivery of samples from the Contract User will normally entail the Contract User contacting the Contractor’s common carrier and having the samples shipped at the Contractor’s expense. The cost of shipping samples is included in the cost of analysis.

8.18.2 There shall be no change in the price of analysis if the NJDEP Contract User

delivers samples directly to the Contractor without using the Contractor’s Common Carrier.

8.18.3 The Contract User will return samples to the Contractor in the sample bottles and

in the shipping container provided (unless the Contract User provides his own sample bottles). Delivery includes properly completed Chain of Custody and Sample Analysis Request Forms. The Contractor must permit Contract Users to deliver samples directly to the Contractor using Contract User provided transportation. The Contact User will retain the NCR copy (pink) of the External Chain of Custody and return the original and the top copy to the Contractor in the shipping container.

8.18.4 The Contractor is responsible for providing the proper packing materials and artificial

ice so the samples can be returned intact at the proper temperature. The Contract User must pack the samples properly including refreezing or replacing ice and include all the appropriate sample analysis request forms and Chain of Custody Forms.

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8.18.5 A Contract User may use Contract User owned shipping containers and artificial ice in addition to the laboratory owned shipping containers and artificial ice to ship the samples back to the laboratory. The Contractor is obligated to accept the user owned shipping containers. The Contract User owned shipping containers and artificial ice must be returned to the Contract User within fourteen (14) days after receipt at the laboratory. The Contract User must pay the additional cost to ship the Contract User’s shipping container(s) to the laboratory and to pay for the return shipping of the empty containers and the artificial ice. The Contractor shall invoice the Contract User for the extra shipping costs. The invoice (Payment Voucher) must indicate the additional cost incurred by the Contractor based on the actual shipping costs incurred. The Contractor shall cover the shipping labels for return shipment of empty containers.

8.18.6 If the Contract User returns samples to the Contractor in Contractor supplied

shipping containers, then it shall be the Contract User’s responsibility to comply with the approved Shipping Plan, to complete all shipping declarations and apply any labels and placards provided by the Contractor for the return shipment.

8.18.7 NJDEP will pay for NJDEP mistakes in shipping. See Section 6.10 of the IFB for a

complete description of payment rules. This includes shipping the Contractor the wrong sample bottles.

8.19 CONTRACTOR RECEIPT OF SAMPLES

The Contractor shall receive the samples delivered and check the contents for Chain of Custody and Sample Request Forms. The Sample Custodian will retain the top copy (canary) of the External Chain of Custody form for the records and forward the original External Chain of Custody form to the Project Manager for inclusion with the data report. The following apply: 8.19.1 TEMPERATURE CONTROL LIMIT EXCEDENCE NOTIFICATION

If the temperature of the samples and shipping container exceeds 4oC,

immediately, contact the NJDEP Contract Administrator and the Contract User. The Contractor cannot analyze a sample received above 4oC without receiving written (fax) permission. It is understood that data generated from samples that were received at a temperature above 4ºC may not be used for regulatory compliance purposes. However, the Contract Administrator, in consultation with Contract Users and NJDEP Project Team Members, may determine that data generated from the analysis of such samples may generate useful information, even if it cannot be used for regulatory compliance. In such a case, written permission (fax) will be given to the Contractor to proceed with sample analysis. The Laboratory Certification Program N.J.A.C. 7:18 in Section 7:18-9.1(b) requires that if the Contractor is unable to obtain assurance that the sample was collected, preserved and handled in accordance with 7:18:9.4(b) [i.e., maintained at 4oC or less], the Contractor is not allowed to analyze the sample. The analytical results of samples that were not maintained at 4ºC or less cannot be used for regulatory purposes. In accordance with section 7:18-9.1(c), the Contractor must reject samples that were not maintained at 4ºC or less and request a new sample. The Contractor is required to notify the Contract Users and the Contract Administrator verbally upon receipt, and in writing within five (5) days.

This Contract does not require the Contractor to retain and/or store any samples that exceed the maximum temperature. After notifying the NJDEP Contract

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Administrator and the Contract User, the Contractor may immediately dispose of samples that exceed the temperature limits. When the Contract Administrator or Contract User cancels analyses after the samples have been received by the Contractor because of exceedance of temperature limits or for any other reason, the contractor is to be reimbursed for the cost of shipping and for the cost of the bottles as per Section 6.10 of this contract.

8.19.2 INTERNAL CHAIN OF CUSTODY

The Contractor has responsibility for storage and internal distribution of the sample. Each time responsibility for the sample changes from one individual to another, the Contractor shall record the changes on the Contractor’s own internal Chain of Custody form and sign it.

8.19.2.1 The Contractor shall record the flow of every aliquot, and or extract, through the laboratory on an internal chain of custody document or NJDL&PS Evidence Voucher.

8.19.2.2 On completion of sample analysis, attach all Chain of Custody documents to

the data report and forward to the Contract User.

8.19.3 SPLITTING SAMPLES BETWEEN LABORATORIES

Splitting of samples between laboratories with some restrictions is allowed for a Multiple Laboratory Contractor and may be required for some tasks. In general, it is NJDEP’s intent to have all samples analyzed in one laboratory. If a Multiple Laboratory Contractor has one laboratory that can analyze all the samples for all the tasks for that engagement, then NJDEP expects the sample to be analyzed in the single laboratory and not split up among several laboratories. However, if none of the Multiple Laboratory Contractor’s laboratories can analyze all the samples for all the tasks then the sample analysis may be split between or among the different Multiple Laboratory Contractor’s certified laboratories. When this split occurs the Multiple Laboratory Contractor shall attempt to split the sample between or among the fewest number of laboratories possible.

At the time of the engagement, the Contractor must inform the Contract User of the problem and the Contract User must agree to split the batch of samples. The splitting shall be done based on a complete Batch (by matrix). The Contractor shall identify which laboratories will receive the sample batches. Samples may be split at the fraction level. The individual laboratories designated to analyze the samples must ship the appropriate number of sample bottles properly preserved to the Contract User. If multiple laboratories are analyzing the samples, each laboratory must ship the appropriate bottles to the Contract User. Coordination of these engagements is handled at the Contractor’s Corporate or Headquarters level. There shall be no change in the price of analysis when samples are split between laboratories.

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8.20 SAMPLE RETENTION/DISPOSAL

The Contractor shall retain sample remnants, extracts and digestates for a period of one (1) year from the date of submittal unless otherwise instructed in writing by the using agency. One (1) month prior to the expiration of the storage year, the Contractor shall notify the Contract User and the Contract Administrator IN WRITING informing the Contract User and Contract Administrator of samples scheduled for disposal. The Contractor must clearly identify all samples and projects. If, at the end of one year, the Contract User requests additional storage time, the Contractor shall maintain custody of the samples and will be eligible for compensation for such storage as discussed in Section 6.10 of this contract. Retained samples, extracts and digestates do not require refrigeration. The State uses retained materials for evidentiary purposes only.

The Contractor is not required to retain and/or store any samples that exceeded the maximum temperature upon receipt or were otherwise never analyzed or where the Contract User or Contract Administrator specifically orders samples to be disposed.

The Contractor shall dispose of sample remnants at no cost to the Contract User after the sample storage time concludes and permission to dispose of the samples is received. Sample remnant disposal shall be performed in accordance with good laboratory practices and the Hazardous Waste Disposal Regulations of the State in which the laboratory is located. The Contractor shall include the cost of disposal of the sample remnant in the price to analyze the sample.

8.21 SAMPLE HOLDING TIMES

All samples shall be analyzed by the Contractor within the maximum allowable holding times noted in the analytical method, 40 CFR 141 and N.J.A.C. 7:18-9.4. Sample holding time commences upon sample collection in the field, not upon receipt by the Contractor. The Contractor is not allowed to exceed the sample holding time, as per N.J.A.C. 7:18-9.4(b) and 40 CFR 141. If the Contractor exceeds the sample holding time, the Contractor is not permitted to analyze the sample or if the sample is analyzed, to submit the sample data to the Contract User. The Contractor must request another sample from the Contract User for analysis. 8.21.1 ADDITIONAL HOLDING TIME REQUIREMENTS SYNTHETIC ORGANICS

Because 1,2,3-trichloropropane has been added to the analyte list in this method and has been found to have a 14 day maximum holding time in studies conducted for Method 524.2, all samples must be extracted with 14 days of collection. Samples not analyzed within this period must be discarded and replaced. Because of potential for solvent evaporation, it is preferred that extracts be analyzed immediately following preparation. When necessary, extracts may be stored in tightly capped vials (section 6.2 of the method) at 4oC or less for up to 24 hours.

8.22 GENERAL TECHNICAL REQUIREMENTS

The QA/QC requirements of the analytical methods used must be met. The sections that follow discuss only additions, modifications, clarifications and items not specifically addressed in the methods. All other method specific QA/QC requirements although not listed in this contract, or listed as recommended in the method, will be strictly enforced (See Section 6.10.2.C (Non-Payment)).

8.22.1 SAMPLE BATCH

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Preferred Customer
Is this really a general requirement or just one that the SRP needs? If just for one program, then an option(s) should be given here.
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This contract defines a batch of samples as twenty (20) samples or less collected at a particular site. If less than twenty (20) samples are submitted for a particular site, it is considered a separate batch. If more than twenty samples are submitted from a particular site, the Contractor is required to analyze the appropriate number of QC samples. Samples cannot be combined with other client’s samples to create a batch of samples.

8.22.2 METHOD DETECTION LIMITS (MDLs)

The Contractor shall calculate all MDLs in accordance 40 CFR 141 and N.J.A.C. 7:18, which requires the procedures, stated in Appendix B, 40 CFR 136 and the procedures established in each method. The method detection limit shall be based on actual laboratory MDL performance studies. Specific requirements are listed below for this contract.

8.22.2.1 Method Detection Limits for Volatile Organics - Task I

As per 40 CFR Part 141.24, the Contractor is required to have an acceptable maximum MDL of 0.5 ug/L for the volatile compounds listed on the chart below.

For the compound Tertiary Butyl Alcohol, the Contractor’s maximum MDL is 10.0 ug/L.

For the other non-regulated compounds under USEPA Method 524.2, the Contractor, must determine a reasonable MDL for that compound in accordance with the requirements as defined by 40 CFR 141 and Appendix B to 40 CFR Part 136.

Method 524.2 Compounds with Required MDL of 0.5 ug/L Benzene Methylene Chloride Carbon Tetrachloride Monochlorobenzene meta-Dichlorobenzene Naphthalene ortho-Dichlorobenzene Styrene para-Dichlorobenzene 1,1,2,2-Tetrachloroethane 1,1-Dichloroethane Tetrachloroethylene 1,2-Dichloroethane Toluene 1,1-Dichloroethylene 1,2,4-Trichlorobenzene cis-1,2-Dichloroethylene 1,1,1-Trichloroethane trans-1,2-Dichloroethylene 1,1,2-Trichloroethane 1,2-Dichloropropane Trichloroethylene Ethylbenzene Vinyl Chloride Methyl tertiary Butyl Ether Xylenes (total) Chloroform Bromochloromethane Chlorodibromomethane Bromodichloromethane Dibromomethane Bromoform 1,1-Dichloropropene 1,3-Dichloropropane Chloromethane Bromomethane 1,2,3-Trichloropropane 1,1,1,2-Tetrachloroethane Chloroethane 2,2-Dichloropropane o-Chlorotoluene p-Chlorotoluene Bromobenzene 1,3-Dichloropropene 1,2,4-Trimethylbenzene 1,2,3-Trichlorobenzene n-Propylbenzene n-Butylbenzene Hexachlorobutadiene 1,3,5-Trimethylbenzene p-Isopropyltoluene Isopropylbenzene tert-Butylbenzene sec-Butylbenzene Fluorotrichloromethane Dichlorodifluoromethane

8.22.2.2 Method Detection Limits for Synthetic Organics - Task II

The Method Detection Limit for all three compounds cannot exceed the Method Detection Limit as specified in Method Section 1.3. The Contractor can report MDLs that are less than those specified in the method. The method detection limits specified in the method are as follows:

1,2-Dibromoethane 0.01 ug/L 1,2-Dibromo-3-chloropropane 0.01 ug/L 1,2,3-Trichloropropane 0.02 ug/L

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8.22.2.3 Method Detection Limits For Mercury - Task III

The Method Detection Limit for this method is 0.2 ug/L.

8.22.2.4 Method Detection Limit for Arsenic - Task IV

The Method Detection limits for this method is 0.5 ug/L.

8.22.3 BLANKS

All laboratory and field reagent blanks must consist of organic-free reagent water, ASTM Type I or Type II, originating from one common source and physical location within the Contractor’s Laboratory. Manipulation of reagent water (such as boiling) after acquisition from the source is unacceptable. Reagent Field Blank water for all organic compounds and inorganics analyses must be traceable to an analyzed laboratory blank for the day the blanks were prepared.

8.22.4 LABORATORY DUPLICATES

The Contractor must comply with N.J.A.C. 7:18-5.5(c), the analytical method and this contract regarding the frequency and QA/QC criteria. All analytical methods in this contract require the analysis of two laboratory duplicates per batch of samples. The Contractor shall analyze both laboratory duplicates and report both sets of data.

8.22.5 LABORATORY FORTIFIED BLANKS

Laboratory Fortified Blanks (LFBs) are required for all analytical methods in this contract. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c), the method and the contract regarding frequency and QA/QC criteria of the laboratory fortified blanks.

8.22.6 LABORATORY FORTIFIED SAMPLE MATRIX

8.22.6.1 Volatile Organic Analysis Laboratory Fortified Sample Matrix Requirements

For volatile organics analyzed by Method 524.2, the Contractor is required to spike and analyze the Laboratory Fortified Sample Matrix samples in accordance with the individual requirements of the method. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c), the method and contract regarding frequency and QA/QC criteria.

8.22.6.2 Synthetic Organics Analysis Laboratory Fortified Sample Matrix Requirements

For synthetic organics analyzed by Method 504.1, the Contractor is required to spike and analyze the Laboratory Fortified Sample Matrix samples in accordance with the individual requirements of the method. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c), the method and contract regarding frequency and QA/QC criteria.

8.22.6.3 Mercury Analysis Laboratory Fortified Sample Matrix Requirements

For mercury analyzed by Method 245.1, the Contractor is required to spike and analyze two Laboratory Fortified Sample Matrix samples for each batch of samples. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c), the

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method and contract regarding frequency and QA/QC criteria. The Contractor must determine the Percent Recovery (%R) and Relative Percent Deviation (RPD) for each analyte as per N.J.A.C. 7:18-5.5(c) 8.

8.22.6.4 Arsenic Analysis Laboratory Fortified Sample Matrix Spike Requirements

For arsenic analyzed by one of the required methods, the Contractor is required to spike and analyze two Laboratory Fortified Sample Matrix Spikes for each batch of samples. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c), the method and Contract regarding frequency and QA/QC criteria. The Contractor is required to follow all procedures in the method to determine matrix interferences. The Contractor must determine the Percent Recovery (%R) and Relative Percent Deviation (RPD) for each analyte as per N.J.A.C. 7:18-5.5(c) 8.

8.22.7 QUALITY CONTROL SAMPLES

Quality Control Samples (QCS) are required for all methods required by this contract. The Contractor is required to analyze one QCS for every batch of samples. The QCS for all methods must be from a source external from the laboratory and different from the calibration standards. The Contractor shall meet the requirements of N.J.A.C. 7:18-5.5(c) and 7:18–5.4(a)10, the method and Contract regarding frequency and QA/QC criteria.

The Contractor must establish control limits for each method and update the limits as required by the method and New Jersey Laboratory Certification Program Regulations. If the QCS is not acceptable, the Contractor must check the entire analytical procedure to locate the problem and correct the problem source.

8.22.8 REAGENT BLANK ANALYSIS

It is the Contractor’s responsibility to ensure that method interferences that lead to discrete artifacts and/or elevated baselines be minimized. A reagent blank shall contain no greater than the method specified detection limits for all analytes and compounds analyzable under this contract. If a Contractor reagent blank exceeds this criterion, the Contractor must consider the analytical system "out of control". The problem must be addressed in the case narrative. Contractor is not allowed to submit any data that is out of control to the Department. All samples processed with a reagent blank that are out of control (i.e. contaminated) must be reanalyzed at the contractor’s expense, and the problem addressed in the case narrative.

8.23 VOLATILE ORGANICS ANALYTICAL REQUIREMENTS

8.23.1 QUALITATIVE IDENTIFICATION OF TARGETED COMPOUNDS BY GC/MS

The mass spectra of the sample and a standard are required for every data acquisition. The mass spectra of the standard must have been obtained from the GC/MS instrument on which the sample was injected. Once obtained, these standard spectra may be used for identification purposes, only if the GC/MS meets the daily instrument performance requirements. These standard spectra may be obtained from the run used to obtain reference Relative Retention Times.

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• All ions present in the standard mass spectrum at a relative intensity greater than 10 percent MUST be present in the sample spectrum.

• The relative intensities of ions specified above must agree within +\-20

percent between the standard and sample spectra. • Ions greater than 10 percent in the sample spectrum but not present in the

standard spectrum must be considered and accounted for. • Structural isomers that produce very similar mass spectra can be explicitly

identified only if they have sufficiently different GC retention times. Acceptable resolution is achieved if the height of the valley between two peaks is less than 25% of the average height of the two peaks. Otherwise, structural isomers are identified as isomeric pairs.

If a compound analyzed by GC/MS techniques cannot be verified by all of the criteria listed above, but in the technical judgment of the mass spectral interpretation specialist the identification is correct, then the contractor shall report that identification with comment.

8.23.2 TENTATIVE IDENTIFICATION OF NON-TARGETED COMPOUNDS BY GC/MS

ANALYSIS FOR VOLATILE ORGANICS

Substances with peak areas greater than 25% of the nearest internal standard must be searched based upon the method/protocol specified internal standard concentration. If the method does not specify an internal standard concentration, as either recommended or required, the Contractor must use a 2 ppb internal standard for volatile organics. The Contractor shall perform a forward search of the NIST/EPA/MSDC Mass Spectral Library to tentatively identify all non-targeted compounds of the greatest apparent concentration in the scan of the fraction for each sample. For each of the compounds, the three best matches between the sample spectrum and library spectra shall be reported. The Mass Spectral Interpretation Specialist shall inspect the spectra of the three matches to determine if they meet the criteria given in. If none of the three meet the criteria, the Contractor shall report the compound as "Unknown." Additional classification of the unknown should be given where possible (e.g. unknown aromatic, unknown hydrocarbon, unknown acid, unknown chlorinated compound, etc). The Contractor shall estimate the concentration of the compounds by assuming a response factor of one (1.000) and comparing peak height or peak of non-target compound to peak height of nearest internal standard on the reconstructed total ion chromatogram.

8.23.3 VOLATILE ORGANIC SURROGATE SPIKE ANALYSIS

Each sample, including the calibration standards, LFBs, LFMs and blanks must be spiked with surrogate spike compound(s). The Contractor is required to comply with both Method Sections 9.4 and 10.3.4. Method Section 10.3.4 requires that for the continuing calibration check standard associated with the samples, the absolute areas of the quantitation ions of the surrogate(s) do not decrease/increase more than 30% from the areas measured in

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the most recent previous continuing calibration or by more than 50% from the areas measured during the initial calibration. Method Section 9.4 requires that for all samples, continuing calibration check, and blanks that absolute areas of the quantitation ions for the surrogates do not increase/decrease by more than 50% from the areas measured during the initial calibration. As required by these method sections, if accuracy is not achieved, the problem must be resolved before additional samples are analyzed. Remedial action is required followed by recalibration of the instrument. The Contractor is required to repeat all measurements until satisfactory performance is achieved. The Contractor must document what remedial action was conducted to solve the problem. If the Contractor cannot obtain satisfactory surrogate areas from the sample, the Contractor must request another sample from the Contract User for analysis. The Contractor must document the number times the sample has been analyzed, the remedial action conducted attempting to solve the problem and the corrective action necessary to prevent reoccurrence. Samples analyzed after unsatisfactory surrogate area(s) in the blank require reanalysis of all of the affected (associated) samples at the Contractor’s expense. For sample surrogate area(s), when the surrogate area deviates outside of the method specified area control limits for a sample, it is the responsibility of the contractor to establish that the deviation is not due to Contractor problems.

8.23.4 VOLATILE ORGANICS ANALYSIS INTERNAL STANDARDS REQUIREMENTS

Each sample, including the calibration standards, LFBs, LFMs and blanks must be spiked with Internal standard compound(s). The Contractor is required to comply with both Method Sections 9.4 and 10.3.4. Method Section 10.3.4 requires that for the continuing calibration check standard associated with the samples, the absolute areas of the quantitation ions of the Internal standards do not decrease/increase more than 30% from the areas measured in the most recent previous continuing calibration or by more than 50% from the areas measured during the initial calibration. Method Section 9.4 requires that for all samples, continuing calibration check, and blanks that absolute areas of the quantitation ions for the Internal standards do not increase/decrease by more than 50% from the areas measured during the initial calibration. As required by these method sections, if accuracy is not achieved, the problem must be resolved before additional samples are analyzed. Remedial action is required followed by recalibration of the instrument. The Contractor is required to repeat all measurements until satisfactory performance is achieved. The Contractor must document what remedial action was conducted to solve the problem. If the Contractor cannot obtain satisfactory internal standard areas from the sample, the Contractor must request another sample from the Contract User for analysis.

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The Contractor must document the number times the sample has been analyzed, the remedial action conducted attempting to solve the problem and the corrective action necessary to prevent reoccurrence. Samples analyzed after unsatisfactory internal standard area(s) in the blank require reanalysis of all of the affected (associated) samples at the Contractor’s expense. For sample internal standard area(s), when the internal standard area deviates outside of the method specified area control limits for a sample, it is the responsibility of the Contractor to establish that the deviation is not due to Contractor problems.

8.24 SYNTHETIC ORGANIC COMPOUNDS ANALYSIS BY GAS CHROMATOGRAPHY

8.24.1 PROCEDURAL STANDARD CALIBRATION FOR SYNTHETIC ORGANIC COMPOUNDS

Procedural calibration standards are required for Method 504.1. As per Method Section 3.12, procedural standard calibrations are prepared and processed (e.g. purged, extracted, and/or derivatized) in exactly the same manner as sample. All steps in the process from addition of sampling preservatives through instrumental analyses are included in the calibration. Using procedural standard calibration compensates for any inefficiencies in the processing procedure.

8.24.2 ABILITY TO DISTINGUISH BETWEEN DBCM AND EDB FOR SYNTHETIC

ORGANIC COMPOUNDS

Due to interferences caused by Dibromochloromethane (DBCM) on Ethylene Dibromide (EDB), the Contractor must be able to distinguish between these two compounds on a routine basis. Therefore, after every initial calibration and prior to the analysis of any samples, blanks or QC samples the Contractor is required to distinguish between DBCM and EDB by determination of relative retention times by the analysis of standards containing these two compounds. The Contractor is referred to Method 504.1 Section 9.6.

8.24.3 GAS CHROMATOGRAPHY CALIBRATION FOR SYNTHETIC ORGANIC

COMPOUNDS

The Contractor is required to use at a minimum a five-(5) point calibration for all initial calibrations under Method 504.1. The Contractor is referred to Method Section 10.1.1 for the determination of the calibration range to be established. The lowest standard must be near, but above, the respective MDLs of each of the three compounds. Dual column analysis is required at all times. The choice of the columns are at the discretion of the Contractor, however, as provided by the method, the columns must be dissimilar fused silica capillary columns or equivalent. The GC must be capable of temperature programming and must be equipped with a linearized electron capture detector and capillary column split/splitless injector. The 12 hour shift of operation begins with the injection of the first standard in the initial calibration or the injection of the first standard in the daily calibration (if more than one calibration standard is analyzed at the beginning of the each period of operation). The 12 hour shift of operation must be ended with the analysis of the daily calibration standard.

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After the instrument is initially calibrated, if there is time left in the 12 hour time frame, the Contractor can initiate analysis of the required blanks and samples. However, the 12 hour time frame must end with an injection of calibration standard. If samples or blanks are being analyzed within 12 hours of the initial calibration, the time of injection of the sample or blanks must be within 12 hours of the first injection of the initial calibration standard. If samples or blanks are being analyzed within 12 hours of the continuing calibration, the time of injection of the samples and blanks must be within 12 hours of the injection of the associated continuing calibration standard. A calibration standard that ends a 12-hour time sequence can be considered a new continuing calibration standard only if it is in compliance with the requirements of the method. The Laboratory Fortified Blank can be used to satisfy the requirements of the daily calibration standard as per Method Section 9.3.4. The recovery of the daily calibration standard must be within 70%-130% of the true value of the calibration to be acceptable. These same limits that apply for the % recovery of the Laboratory Fortified Blank.

8.24.4 MDL CHECK SAMPLE FOR SYNTHETIC ORGANIC COMPOUNDS

The Contractor is required to analyze one MDL Check Sample for EDB and DCBP for every batch of twenty (20) NJDEP samples. The MDL Check Sample is a Laboratory Fortified Blank fortified at 0.02 ug/L for the two compounds. The required recovery limits for each analyte is between 60-140%.

8.24.5 SURROGATE COMPOUNDS FOR SYNTHETIC ORGANIC COMPOUNDS

Surrogate compounds are not required for method 504.1. The Contractor can add surrogate compounds to the standards, QC samples, blanks and samples, however, the Contractor will not be penalized under this contract for reported recovery values. If during the term of this contract, the USEPA modifies the method and adds surrogates and surrogate recovery criteria, the Contractor will be required to comply with method requirements.

8.25 DILUTIONS FOR SYNTHETIC ORGANIC COMPOUNDS AND VOLATILE ORGANICS

If during the course of sample analysis for volatile organics or synthetic organic analysis, the Contractor determines that the compound concentrations are outside of the calibration range of the instrument and the sample must be diluted, the laboratory is to report both sets of data to the department. The Contractor must report the undiluted sample data and one dilution. The laboratory may not submit more than two sets of data.

If upon screening of the samples, the Contractor determines that compounds in the sample are sufficiently high and an undiluted sample cannot be analyzed, the Contractor may run the samples at a dilution. The Contractor is to determine the dilution level that would bring the highest concentration into the upper range of the calibration standards, and in addition run a more concentrated dilution to verify that the correct dilution level was chosen. The Contractor may not submit more than two sets of dilution data.

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8.26 MERCURY ANALYTICAL REQUIREMENTS

The Contractor is required to follow all of the QA/QC requirements of the approved methods, N.J.A.C. 7:18-5.2(a) and any QA/QC requirements stated in this contract. The quality assurance requirements for this method differs from those previously utilized by NJDEP and the Contractor is responsible for meeting all of the QA/QC requirements.

8.26.1 INITIAL CALIBRATION REQUIREMENTS FOR MERCURY

In accordance with the Regulations Governing the Certification of Laboratories and Environmental Measurements N.J.A.C. 7:18-5.5(c) 5, the initial calibration curve for mercury shall consist of at least one regent blank and three standards. The calibration coefficient must be >0.995.

8.26.2 MCL/MDL STANDARD FOR MERCURY

The Contractor is required to analyze one MCL/MDL Standard for every batch of mercury samples. The mercury MDL/MCL standard must be analyzed at 0.2 ug/L. This contract has established control limits between 90-110% recovery for this MCL/MDL Standard.

8.27 ARSENIC ANALYTICAL REQUIREMENTS

8.27.1 GENERAL REQUIREMENTS FOR ARSENIC

The laboratory is required to follow all of the QA/QC requirements of the approved method, N.J.A.C. 7:18-5.2(a) and any QA/QC requirements stated in this contract.

8.27.2 ARSENIC SAMPLE DIGESTION

All arsenic samples collected under this contract must be digested prior to analysis. Direct analysis of the samples is prohibited. All arsenic samples must use the hot plate technique for the preparation of the samples for analysis. The laboratory is required to follow the digestion procedure with the hot plate located in Section 11.2 of the method.

8.27.3 Ultrasonic Nebulization

If ultrasonic nebulization is used in the introduction of the sample into the instrument in the determination of arsenic by Methods 200.8, the arsenic must be the pentavalent state to provide uniform signal response.

8.27.4 INITIAL CALIBRATION REQUIREMENTS FOR ARSENIC

In accordance with the Regulations Governing the Certification of Laboratories and Environmental Measurements N.J.A.C. 7:18-5.5(c) 5, the initial calibration curve for arsenic shall consist of at least one regent blank and three standards. The calibration coefficient must be >0.995.

8.27.5 MCL/MDL STANDARD FOR ARSENIC

The Contractor is required to analyze one MCL/MDL Standard for every batch of arsenic samples. The required MCL/MDL standard concentration is 0.5 ug/L. This

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contract has established control limits of between 90 -110% recovery for this MCL/MDL Standard.

8.28 CHAIN OF CUSTODY

The Contractor must comply with Section 8.7.4.1 and this section in regard to Chain of Custody.

8.28.1 Chain of Custody documents (DEP Forms 095 and 096), or NJDL&PS Evidence

Vouchers (DCJ Forms 22-2, and 22-3) must accompany all samples. Copies of these forms are included as Appendix 3. The Contractor shall record all sample custody transfers on these forms. NJDEP Forms 095, and 077 are available upon award from the NJDEP Contract Administrator. The Contractor should monitor the quantity of NJDEP custody forms kept in stock and request re-supply as needed. NJDL&PS DCJ personnel provide Evidence Vouchers when delivering samples to the laboratory. Attached to the Evidence Voucher the laboratory will find a Sample Integrity Document (DCJ Form SI-001). Complete this document verifying the proper securing and receipt of the samples received with evidence integrity tape (seal not broken upon receipt). Do not accept samples for analysis if seal is not intact. Conduct verification procedures as follows: The Contractor shall check to assure that evidence integrity tape is intact, not broken. The Contractor shall assure that the sealers initials and date indicated on the sample are the same as those found on the NJDL&PS Evidence Voucher to the right of the individual sample description, or at the lower right hand corner of the “Location Where Found” box on the evidence voucher.

The NJDEP Contract Administrator does not stock NJ Department of Law and Public Safety (NJDL&PS) forms. The Contractor must contact Ms Dawn Ryan (973-599-5944) or Wayne Smith (609-2984-0935), State Investigators, NJDL&PS, Division of Criminal Justice, Environmental Crimes Bureau to resolve any NJDL&PS Environmental Crimes Bureau custody problems. NOTES:

1. The Contract User supplies DEP form 096 to the Contractor when the Contract

User initiates custody. 2. Contractors providing empty shipping containers to any Contract User must

seal empty shipping containers with custody seals.

8.28.2 For all Contract Users except the NJDL&PS, chain of custody commences when the laboratory releases the sample bottles. The Contractor shall record this transfer, along with the number of bottles released on the chain of custody documents. The Contract User personnel shall retain custody of the sample bottles. When filled, the Contract User will record the appropriate information on the chain of custody document for each sample container. The Contract User then ships the samples back to the Contractor where an authorized representative from the laboratory accepts custody for the samples and annotates such on each chain of custody document.

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8.29 DATA REPORTING REQUIREMENTS

8.29.1 DATA ARCHIVAL STORAGE

The Contractor must store all raw data as follows:

8.29.1.1 Bound Laboratory Notebook

The laboratory must maintain a bound notebook to record all raw data. The analyst must sign all entries in this laboratory notebook. The analyst's supervisor MUST also sign entries in this notebook.

8.29.1.2 Electronic Data Storage And Retrieval System

The Contractor shall store GC/MS, GC/EC, and other electronic data in a format retrievable on line to the data system for ten (10) years. The Contractor shall store the data storage medium under secure and appropriate environmental conditions to preclude the loss of data.

8.29.2 REPORT TURN-AROUND TIME

For all analytical services, written and electronic results shall be submitted not later than twenty-one (21) calendar days from the date of sample submittal, or on the first work day following a weekend or holiday thereafter. A penalty will be imposed if data reports are delivered late. (Also see Section 6.10.13A (Non-Payment and Requests for Reimbursement, 20% Withholdings) for additional information).

8.29.3 ORAL REPORTS

This contract does not require oral reporting. At times the Contract Administrator may request an oral telephone report on the status of a specific analysis. However, Contractors are not required to provide an oral telephone report and a refusal to give an oral status report will not affect a Contractor’s standing under this contract.

8.29.4 FINAL DATA REPORT DELIVERABLES

NJDEP Chain of Custody Forms (DEP-095 and 096) perform the additional function of sample analysis request forms. When the State submits samples to the Contractor, a Sample Analysis Request Form accompanies each sample. NJDEP Contract Users indicate the analyses on these forms. The laboratory report must contain data for all samples submitted at the same time for the same project. Reduced data package deliverables are unacceptable. The Contractor shall deliver a final data report in the NJDEP Regulatory Format, including electronic deliverables, for each sample to the Contract User in accordance with the requirements set forth below. Reports produced by Multiple Laboratory Contractors must package and present the information as one data package.

8.29.4.1 Hard Copy Data Report Deliverables

The Contractor shall deliver the hard copy of the data report in the Data Reporting Format specified in Appendix 3. The Contractor shall submit an original and one (1) copy of the final data report for each sample group to the Contract User. See Appendix 3 for the changes to the Drinking Water Regulatory Format.

8.29.4.2 Electronic Deliverables

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ELECTRONIC DELIVERABLES

The Contractor is required to deliver three types of electronic deliverables. The first electronic deliverable is entitled the Drinking Water Excel Table. The second deliverable is entitled “Electronic Data Deliverable Format” and is used to document general information regarding the sampling event and analysis of the samples. The third electronic deliverable is entitled “Electronic Data Submission of Results” and is used to document the analytical results obtained by the laboratory. Each electronic deliverable requires a separate diskette with the information formatted as report:

Drinking Water Excel Table

This table is in a Microsoft Excel spreadsheet and lists every parameter that can be analyzed for by this contract. Only the parameters that the Contractor is required to analyze for are to be included in the file that is submitted to the State. Up to fifteen tentatively identified (non-target) compounds are to be reported for the Method 524.2. The retention times for the non-target compounds must be included in a separate column labeled “Retention Time NT only”. A separate excel work sheet within one Microsoft ExcelTM file must be provided for each field sample. The laboratory File ID number must be used to name the sample sheet. Additionally a separate printed worksheet must be provided for each field sample directly behind the case narrative for each sample. The order of the compounds on the table can be revised to the order of elution of the compounds from the GC/MS. The files must be named with the Job number and end with “.XLS”. An example of this form in Appendix 3.

Electronic Data Deliverable Format

(The format below is an EXAMPLE ONLY).

ELECTRONIC DATA DELIVERABLES FORMAT TABLE FIELD NAME TYPE LENGTH COMMENT Site ID Character 12 EPA ID for site. Site Name Character 40 DEP site name. Initial Date Sampled Date 10 Format: mm/dd/yyyy Received at Lab Date Date 10 Format: mm/dd/yyyy Analysis Complete Date Date 10 Format: mm/dd/yyyy Laboratory Character 30 Lab Name. Number of Samples Integer 3 Contract Number Character 6 Contract Number Report Format Character 10 Lab deliverable format. Field ID (For each sample) Character 15 Unique ID from chain of custody

form. Laboratory ID(For each sample) Character 15 Unique ID established by the

lab. Date Sampled(For each sample Date 10 Format: mm/dd/yyyy Matrix(For each sample) Character 10 Potable, Field Reagent Blank

NOTES: Character fields must present all alphabetic characters in the upper case. Submit this information on double-density or high-density 3.5" diskettes. Contain the data fields in a Word Pad Text Document MS-DOS Format in a file named SAMPLE.TXT." Enter each data field on a separate line concluded by a carriage return line feed combination (ASCII characters 13 and 10). The file must appear as the following with values in place of the field names and ellipses where “n” equals the number of samples:

Site ID Site Name Initial Date Sampled Received at Lab Date Analysis Complete Date

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Laboratory Number of Samples Contract Number Report Form Sample 1 Field ID Sample 1 Laboratory ID Sample 1 Date Sampled Sample 1 Matrix Sample 2 Field ID Sample 2 Laboratory ID Sample 2 Date Sampled Sample 2 Matrix Sample n Field ID Sample n Laboratory ID Sample n Date Sampled Sample n Matrix

Electronic Data Submission of Results Acceptable Formats:

Results of laboratory analysis are to be submitted in the following way.

The Site Remediation Program Electronic Data Interchange Manual (SRP-EDI) contains the required formats for laboratories to submit their electronic data in a Lotus-compatible spreadsheet (.wk1) in a .dbf format, or in text format. This contract will require delivery in text format only. SRP-EDI provides the required file structure, field definitions, field length and field order. The laboratory is only responsible for the RESULTS file, as described in section 6.0 Submittal in Text Tab Delimited Format of the SRP-Electronic Data Interchange manual. Additional data elements may be required by the Contract Administrator. A hard copy of the SRP-EDI may be requested from DEP by calling (609) 292-9418, or the document can be downloaded from the DEP Home Page at http://www.state.nj.us/dep/srp/hazsite.

The Electronic Data Submission Application (EDSA) contains built-in checks to ensure data meets the required format. If the laboratory uses this option, it must first create DATASET and SAMPLE records from information provided by DEP, and then create the RESULTS records. A CD containing this application and other support tools of this application, may be requested from DEP by calling (609) 292-9418, or the hazsite materials can be downloaded from the DEP Home Page at http://www.state.nj.us/dep/srp/hazsite.

Analytes/Parameters

The names and spellings of the analytes/parameters for which results are being submitted must appear exactly as they appear in the DEP internal system. The analytes/parameters list can be obtained from DEP and must be used by the laboratory. This file may be obtained from DEP in hard copy format and/or as a .dbf file on diskette by calling (609) 292-9418.

For Tentatively Identified Compounds

Provide the CAS# in the CAS field and the AnaltParm field. If the CAS# cannot be determined, leave the CAS field blank or insert the word “N/A”: indicate in the analyte/parameter field that the results are for an unknown with any additional classification made by the analyst, for example, "UNK Benzene Isomer" followed by the retention time.

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Additional Data Provided by DEP

DEP will provide to the laboratory the first three fields required for the electronic data submission of results. These fields are SRP ID, Sample Date, and Sample Number.

Exception to SRP-EDI Manual

As mentioned above, the SRP-EDI defines mandatory fields for which data must be submitted. For this contract, one exception is made. The MDL field (Method Detection Limit) is marked in the SRP-EDI as a mandatory field, wherein EITHER MDL or QUANTITATION TYPE and QUANTITATION LEVEL must be filled out. For this contract, MDL is a required, mandatory field. Quantitation Type and Quantitation Level are not applicable and may be left blank.

Data Transmission

All physical media sent to the department must be in an IBM-Compatible format.

Files are to be transmitted on 3.5" 1.44 IBM formatted diskettes. The laboratory must transmit the diskette to the department's representative for that site along with the other documents submitted as part of the required deliverables. A memo indicating the facts of the electronic data submittal must accompany the official hard copy submission. The memo should specify exactly what data is being submitted. The diskette should be labeled on its exterior as "Analytical Results" and include the SRP ID and Date of Submittal.

Discussion of Fields

For clarification on the definition of fields, please see the SRP EDI manual.

Additional Fields are included in the Hazsites Electronic Data Submittals for this

contract.

The changes are as follows: The nineteenth column in the Hazsites results file format is labeled "QAQC". The Contractor will populate this field with the Sample Delivery Group Number that is assigned to particular group of Samples. The field must be populated for every compound. The field length is currently a maximum of 15 characters in length. Three additional fields are added following the field labeled "QAQC". The first two fields are not used in this contract; however, they must be added for the data processing to work properly. Column 20 is to be labeled “UNCCON”. There are no entries in this field. Column 21 is to be labeled “UNCUNIT”. There are no entries in this field. Column 22 is to be labeled "TICRT" and used only for the reporting of the Tentatively Identified Compounds Retention time for the volatile and semivolatile fractions only. The time must be reported in minutes and decimal minutes, not seconds or minutes:seconds.

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8.30 CONTRACT KICK-OFF MEETING

The NJDEP Contract Administrator shall arrange a contract kick-off meeting between the NJDEP Contract Users and the Contractor after this contract is awarded. The meeting will be held in Trenton, NJ. The Contractor’s attendance is mandatory and shall be at no cost to the State. The State will not pay the Contractor to attend this meeting. At the meeting all aspects of the contract will be discussed including, but not limited to, shipment of samples, analysis of samples, data reports, quality control and payment procedures. At the kick-off meeting, the Contractor shall bring a shipping container and demonstrate the proper unpacking of bottles received and the proper packing of samples for the return shipment of samples back to the Contractor in accordance with the approved Shipping Plan.

8.30.1 OTHER MEETINGS

The NJDEP Contract Administrator may arrange other meetings with the Contractor over the time of the contract to discuss non-compliance with the terms of the contract. The Contract Users will not pay the Contractor for attending these meetings.

8.31 FIELD SAMPLING ASSISTANCE CONTRACT/OTHER STATE CONTRACTS

NJDEP may use the services of a separate Contractor to take samples. It will be the responsibility of the Contract User to coordinate the use of both contracts and the Contract User will advise the Contractor when the Field Sampling Assistance contract will be used.

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9.0 ENGAGEMENT PROCESS

9.1 SINGLE TASK ENGAGEMENT

Where NJDEP intends to have a sample analyzed for the parameters within a single task, NJDEP will engage the Prime Contractor for that task, unless the Prime Contractor is suspended, has a conflict of interest, or otherwise cannot perform the work. The First Alternate Contractor will be offered the engagement if the Prime Contractor cannot perform the work and the Second Alternate Contractor will be offered the engagement if the Prime Contractor and First Alternate Contractor cannot perform the work.

9.2 MULTIPLE TASK ENGAGEMENT

Where NJDEP intends to have a sample analyzed for parameters in 2 or more tasks, NJDEP will engage the fewest number of laboratories that can perform the analysis. If only one Contractor can perform all the analysis then that Contractor will be offered the engagement. If multiple laboratories can perform all the analysis then the laboratory offering the lowest price for all the analysis will be engaged. If no single laboratory can perform all the analysis, then NJDEP will engage the combination of labs that represent the fewest number of laboratories to perform the work at the lowest cost.

9.3 NOT APPLICABLE TO THIS NOTICE 9.4 CONTRACT USER PREPARATION

The Contract Users must first estimate the number of samples that will be taken and shipped to the laboratory or laboratories and determine which Tasks must be utilized to analyze the samples. The total number of samples at this point includes the samples, the field reagent blanks and the field duplicates. It does not include fortified sample matric samples, laboratory duplicate samples. The Contract User will estimate the cost of the sample analysis in the following manner: 1. Take the total number of samples to be analyzed and split it up showing the number

of analyses to be requested for each line item and tasks on the Price Schedule. 2. The Contract User then adds to that subtotal the number of fortified sample matrix

and laboratory duplicates to produce a total number of analyses to be performed by Price Schedule line item.

3. The Contract User then selects the lowest priced Contractor(s) based on the process

outlined in Sections 9.1, 9.2 and 9.3 above. 4. Reanalysis Contingency – 25%

Once a Contractor(s) has been selected, the Contract User will calculate a reanalysis contingency by multiplying the estimated total price for the selected Contractor(s) by 25%. The Contract User will then add this 25% reanalysis contingency to the estimated total price to produce a total engagement estimate. The purchase order to the Contractor(s) will be based on this calculated total engagement estimated price.

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5. The Contract User will confirm with the NJDEP Contract Administrator that the selected Contractor(s) have maintained its (their) laboratory certifications and have not been suspended.

9.5 CONTACTING THE CONTRACTORS For each Contractor involved with the analysis the Contract User will contact the

Contractor’s Laboratory Project Manager by telephone and provide or discuss the following information:

1. Contract User Name, Office Location, Telephone Number and telefax number. 2. A complete description of the sampling event including date of sampling event, the

Tasks involved, the number of samples, types of samples, contract price lines selected, time frames.

3. Number and type of sample bottles needed. 4. Where to deliver sample bottles. 5. Conflict of interest concerns, if samples will be delivered with the identification of the

sample location. (See Section 6.1.12). 6. Date sample bottles should be delivered. 7. Advising the Contractor that any Purchase Order received will reflect a higher

number of sample analyses than what are actually being requested to account for potential reanalysis situations.

If the Contractor is a Multiple Laboratory Contractor, the Contractor will advise the Contract User which laboratory will ship bottles. The Contract User will confirm the engagement with a telefax or internet Email. The Contract User then contacts his accounting staff and requests preparation of a Purchase Order.

9.6 CONTRACTOR SHIPS SAMPLE BOTTLES

1. The Contractor confirms acceptance of the engagement to the Contract User by telephone, telefax or internet Email.

2. The Contractor ships the appropriate sample bottles (at the Contractor’s expense) in

an appropriate shipping container to the place and on the date as directed by the Contract User in accordance with the Scope of Work and with appropriate chain of custody forms. The Contractor must ship the sample bottles in accordance with the approved Shipping Plan.

9.7 CONTRACT USER SHIPS SAMPLE BACK

1. The Contract User will receive the empty sample bottles, perform the sampling event, complete the appropriate labeling, complete the Chain of Custody Forms, prepare and cool the samples for shipment, including adding enough artificial ice and ship the samples (at the Contractor’s expense) back to the Contractor for analysis.

2. The Contract User will assure that a properly completed Purchase Order is issued in

a timely manner to the Contractor. It is the Contract Users responsibility to pack and ship samples back to the Contractor in accordance with the Shipping Plan.

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3. If the Contract User ordered and received bottles from the Contractor but did not use the bottles, the empty bottles must be shipped back to the Contractor and the Contractor reimbursed for the cost of the bottles and shipment.

9.8 CONTRACTOR PERFORMS ANALYSIS AND DELIVERS DATA REPORT

The Contractor will receive the samples, perform the analysis, and deliver data reports as specified in Section 8.0 of the contract. Upon receipt of samples, the Contractor will notify the Contract User that the sample has been received. This contact may be performed by telephone, telefax, email or any other mechanism agreed to by the Contractor, Contract User and the NJDEP Contract Administrator.

Data Reports and two New Jersey State Payment Vouchers (invoices) shall be sent to the Contract User (or to the Contract Users accounting office as specified on the Purchase Order). One invoice shall be for 80% of the amount due and the second invoice shall be for the 20% retainage. Payment will follow the procedures specified in Section 6.10 of the contract.

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