PROPOSAL:

Execute Contract to Develop
RECLAIM CEMS Performance Audit Program

SYNOPSIS:

On February 14, 1997, the Board approved an RFP for the development of a RECLAIM CEMS Performance Audit Program. An evaluation panel has reviewed all the proposals received in accordance with established criteria and AQMD policy on consultant selection. This action is to execute a contract with Carnot Technical Services, Inc. for an amount not to exceed $95,300. Sufficient funds for these services are included in the FY 1996-97 budget.

COMMITTEE:

Administrative, May 23, 1997, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Chairman to execute a contract with Carnot Technical Services, Inc. to develop a RECLAIM CEMS performance audit for an amount not to exceed $95,300.

James M. Lents, Ph.D.
Executive Officer

Background

On February 14, 1997, the AQMD released RFP #9697-28 for the development of a RECLAIM CEMS performance audit program. The RECLAIM rules mandate the use of Continuous Emission Monitoring Systems (CEMS) on approximately 400 major NOx and SOx sources to quantify mass emissions of these pollutants. These CEMS are certified by the AQMD for use as compliance monitoring systems. Subsequent to certification, an audit program is necessary to independently verify continued compliance with operational and accuracy specifications under which they were certified, and thereby ensure continued valid data. This performance audit program needs to be developed and then implemented. To assure consistency among the different auditing entities in conducting of performance audits, and equity for the affected facilities, the procedures, technical guidance and methods will be fully documented and standardized in a performance audit manual. In addition, key AQMD staff must be trained in the procedures and methods. Once the performance audit procedures have been developed, documented and validated, and the training of AQMD staff in those procedures has taken place, the performance audit program will be implemented by AQMD staff supplemented by contracting with independent source testing laboratories participating in the AQMD’s Laboratory Approval Program.

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

Three bids were received in response to the RFP when final bidding closed at 1:00 p.m. on March 21, 1997. Of the three bids, none were from disabled veteran-owned business enterprises, none were from women-owned business enterprises, none were from certified minority-owned businesses, and none were from non-certified minority-owned business enterprises. Each proposal included a woman-owned or minority-owned business enterprise as a subcontractor for at least 20% of the proposal cost. The Attachment reflects the evaluation of the proposal(s) and the respective ratings/costs for contracts.

Panel Composition

The panel consisted of Joan Niertit, Principal Air Quality Chemist, AQMD; Brian Yeh, Air Quality Analysis and Compliance Supervisor, AQMD; Ed Ramirez, Senior Air Quality Engineer, AQMD; Tom Parsons, Principal Air Quality Instrument Specialist, AQMD; John Marconi, Source Test Engineer, California Air Resources Board. Of these five panelists, one is a woman, and four are men; three are Caucasian, one is Asian-Pacific; and one is Hispanic.

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 this contract are available in the FY 1996-97 budget.

Attachment

Evaluation of Respondents to RFP #9697-28.

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