PROPOSAL:

Execute Contract to Acquire Continuous Ambient NOx Analyzers

SYNOPSIS:

On January 10, 1997, the Board approved an RFQ to acquire continuous NOx analyzers for the AQMD’s Ambient Air Monitoring Network. The replacement analyzers are more reliable, less costly to maintain and operate, and consistent with the long-term air monitoring network streamlining process. This action is to execute a contract with Horiba Instruments, Inc. in the amount not to exceed $156,000 for the purchase of 17 Continuous Ambient NOx analyzers. Sufficient funds are allocated in FY 1996-97 budget.

COMMITTEE:

Administrative, May 23, 1997, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Executive Officer to execute a contract with Horiba Instruments, Inc. in an amount not to exceed $156,000 for the purchase of 17 Continuous Ambient NOx Analyzers for the AQMD Ambient Air Monitoring Network.

James M. Lents, Ph.D.
Executive Officer

Background

On January 10, 1997, the AQMD released RFQ # 1910 for the purchase of Continuous, Ambient NOx Analyzers for the Ambient Air Monitoring Network to competitively select a vendor(s) from which to purchase 17 Continuous Ambient NOx Analyzers.

Proposal

This action is to purchase 17 Continuous Ambient NOx Analyzers from Horiba Instruments, Inc. in an amount not to exceed $156,000. The replacement analyzers are of newer technology and will require less maintenance, parts, servicing, and be more automated and compatible with computer systems. These analyzers will also ensure that the air monitoring capability is continued and at acceptable levels as required by EPA, CARB and AQMD regulations.

Outreach

In accordance with the AQMD’s consulting and contracting policies, a public notice advertising the RFQ 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 RFQs 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.

Bid Evaluation

Six bids were received in response to the RFQ when final bidding closed at 2:00 p.m. on February 11, 1997. Of the six bids, none were from disabled veteran-owned business enterprises, none were from women-owned business enterprises, one was from a certified minority-owned business (Filipino ethnicity), and none were from non-certified minority-owned business enterprises. Staff has determined the subject product of this RFQ is of the type that is not feasible to subdivide and therefore is not subject to MBE/WBE/DVBE requirements and Good Faith efforts. The Attachment reflects the evaluation of the proposal(s) and the respective ratings/costs for contracts.

Panel Composition

The vendor selected pursuant to this RFQ was selected solely on the basis that it meets the required specifications and has the lowest cost. No evaluation panel is necessary for this type of selection which was made by Sandra Ryan, Principal Air Quality Instrument Specialist, AQMD.

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 are allocated in the FY 1996-97 budget for the purchase of these Continuous Ambient NOx Analyzers.

Attachment

Attachment - Evaluation of Respondents to RFQ #1910

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