PROPOSAL:

Execute Contracts to Provide Source Emissions Testing Services

SYNOPSIS:

On February 14, 1997, the Board approved an RFP to seek outside contractors to perform source emissions tests. An evaluation panel has reviewed all proposals received in accordance with established criteria and AQMD policy on consultant selection. This action is to execute contracts with Horizon Air Measurements, Inc. and Almega Environmental & Technical Services, Inc. for a combined amount not to exceed $300,000. Sufficient funds are allocated in FY 1996-97 budget.

COMMITTEE:

Administrative, May 23, 1997, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Chairman to execute a contract with Horizon Air Measurement Services, Inc. (Horizon), to conduct source tests for an amount not to exceed $151,100 and with Almega Environmental & Technical Services, Inc. (Almega), to conduct source tests for an amount not to exceed $148,900.

James M. Lents. Ph.D.
Executive Officer

Background

On February 14, 1997, the AQMD released RFP #9697-17 for source emissions testing by outside contractors. Between 125 and 150 compliance tests are expected to be completed by contractors.

Proposal

This action is to execute contracts with Horizon and Almega for source emissions testing, for a total amount not to exceed $300,000, as follows:

It is expected that contract performance will be optimized based on the location of the testing firms with respect to the location of sources. Contracting with two firms also provides flexibility in the assignment of sources to avoid any potential conflict of interest between the contractor and the source.

The number of tests are approximate, but the total cost will not exceed the amount specified for each testing firm. AQMD will assign tests to the contractors from a source test list and from test requests as they arise during the contract period. In addition, contract costs will include $5,900 to Almega and $5,900 to Horizon to cover expenses charged to the AQMD by the contractors for supplemental source testing, for time spent in testifying at legal proceedings on AQMD’s behalf, and for unsuccessful source tests for reasons beyond the control of the contractors.

The contracts entered into by this action will mark the end of the Source Testing Contracts Program as currently structured. The next year will be a transition to greater privatization of source testing as AQMD staff reductions take effect. An in-house core of source testing expertise and resource capability will be maintained, with a contingency for using a pre-approved list of private testing laboratories to assist in meeting special testing needs of the AQMD.

Outreach

In accordance with the AQMD’s consulting and contracting policies, a public notice advertising the RFP and inviting bids was published in the following publications: The Black Voice News, Chinese Daily News, Eastern Group Publications, El Chicano, The Excelsior, Inland Hispanic News, Inland Valley Daily Bulletin, Korea Central Daily, La Opinion, La Voz, Los Angeles Sentinel, Los Angeles Times, M/W/DVBE Source, Orange County Register, Philippine News, Precinct Reporter, Rafu Shimpo, Riverside Press-Enterprise, San Bernardino Sun, and California State Contracts Register. Additionally, potential bidders were identified using the Los Angeles County MTA, and Cal Trans Directories of Certified Minority, Women, Disadvantaged and Disabled Veterans Business Enterprises; the Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; the AQMD’s own electronic listing of certified minority vendors; and the AQMD Purchasing’s mailing list. Copies of the RFPs were mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and placed on the Internet at AQMD’s Web site [http://www.aqmd.gov] and AQMD’s bidder’s 24-hour telephone message line (909) 396-2724. Further personal outreach efforts by staff were made to various minority businesses and chambers of commerce to inform and invite prospective bidders to visit the Diamond Bar facility and to submit proposals.

Bid Evaluation

Five bids were received in response to the RFP when final bidding closed at 2:00 p.m. on April 1, 1997. Of the five bids, none were from disabled veteran owned business enterprises, one (Horizon) was from a women-owned business enterprise, one (Almega) was a from certified minority owned business (ethnicity: Black), and none were from non-certified MBE/WBE/-DVBE business enterprise. One of the bids included a 20% subcontracting to a minority business enterprise. The attachment reflects the evaluation of the proposals and the respective ratings/costs for contracts. For this contract, approval under the AQMD Laboratory Approval Program (LAP) for source testing is required to ensure quality services from the contractor. However, other businesses that had not yet applied for participation in the LAP at the time the RFP was issued were encouraged to submit proposals with the understanding that LAP approval would be required prior to execution of a contract. Based on the Panel’s assessment, all five proposals were technically qualified (see Attachment). Horizon and Almega scored highest overall.

Panel Composition

The panel consisted of Gerardo Meras, Sr. Air Quality Engineer, AQMD; Arun Roychowdhury, Supervising Air Quality Engineer, AQMD; Richard Schneider, Air Quality Analysis and Compliance Supervisor, AQMD; Robert Yelenosky, Sr. Chemist, San Diego Air Pollution Control District; and Cindy Castronovo, Engineering and Laboratory Manager, CARB. The panel is composed of one woman and four men; one Hispanic, three Caucasians and one Asian.

Proposition 209 Compliance

It is AQMD policy to award additional points or cost benefits for minority-owned, woman-owned, and/or disabled veteran-owned business enterprises. On November 5, 1996 California voters approved Proposition 209 which prohibits discrimination or granting preferential treatment based upon race, ethnicity, color, sex or national origin in the operation of public employment, public education, or public contracting. (Proposition 209 does not address disabled veteran-owned business enterprises.) On December 16, 1996, the Federal District Court issued an order applicable to all government agencies in California prohibiting enforcement of Proposition 209. The December 16, court order has been reversed by an appellate panel, however, a motion for rehearing has been filed and the stay continues in effect. Therefore, the AQMD’s existing policy remains in effect. Should the status of the law change at any point during the process of issuing an RFP or RFQ or entering into a contract pursuant to a previously issued RFP or RFQ, the AQMD will abide by the law in effect at the time the action is taken and any RFP or RFQ will be deemed modified to comply with existing law and any provisions in conflict with existing law will not be enforced.

Resource Impacts

Sufficient funds for these services are available in the FY 1996-97 budget.

Attachment

Attachment - Evaluation of Respondents to RFP 9697-17

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