TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 5, 2008
COMMITTEE ON PURCHASING
Mr. Richard Lanyon, General Superintendent
Title
Authorization for forfeiture of Contract 07-121-11 Furnish and Deliver Chemical Analyses of Biosolids, Soil and Water Samples for the Research and Development Department to First Technology, Inc. in the amount of $27,160.00, Account 101-16000-612490, Purchase Order 3041616
Body
Dear Sir:
Authorization is requested to forfeit Contract 07-121-11 to furnish and deliver chemical analyses of biosolids, soil and water samples for the Research and Development Department awarded to First Technology, Inc. (FTI) on November 2, 2006. The contract was initially scheduled for completion on December 31, 2008. The reason for forfeiture of this contract is as follows.
In correspondence dated February 27, 2008, Mr. Mark Kalmeyer, Lab Manager of FTI, stated that they are “unable to achieve the detection limits for some of the parameters that are required on the TACO list. We currently do not have some of the analytical instrumentation that is necessary to achieve the required limits of detection.” Based on this information, FTI fails to comply with Item 10 of the contract detailed specifications, which states:
“The contractor shall provide Illinois TACO (35 IL ADM CODE Part 742) screen/analysis including all parameters listed in Part 740, Appendix A Tables A through D. The laboratory should meet or exceed the TACO specified ADLs for all parameters listed in Tables A through D.” The two acronyms TACO and ADLs used above stand for Tiered Approach to Corrective Action Objectives and analytical detection limits, respectively.
Therefore, FTI’s inability to comply with Item 10 of the contract detailed specifications constitutes a material breach in the contract performance requirements. A notification of non-performance and the impending contract forfeiture have been conveyed in a letter to FTI dated May 8, 2008.
In view of the foregoing, it is recommended that Contract 07-121-11 with FTI be forfeited in accordance with the last paragraph of the section entitled, “Financial Interest Provisions of the General Requirements, Specifications and Conditions (Short Form Contracts),” due to the above cited contractor’s lack of performance. No bid deposit was required for this contract. Funding will be restored to Account 101-16000-612490.
Requested, Louis Kollias, Director of Research and Development, LK:WJS:MPC:KB:bk
Recommended, Darlene A. LoCascio, Purchasing Agent
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Purchasing
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this June 5, 2008. Approved, President Terrence J. O’Brien