Procurement Request and Solicitation Language

PCB Introduction(for Procurement Requests and Solicitations):

Polychlorinated biphenyls, commonly known as PCBs, are a family of human-made organic chemicals that were used in many industrial and commercial products such as insulating fluids for electric transformers and capacitors, hydraulic fluids, plasticizers, paint additives, lubricants, inks, caulk, and carbonless copy paper. PCBs were used because of their fire resistance, chemical stability, and electrical insulating properties. PCBs are no longer intentionally added to these products, as the use of PCBs in this manner was restricted by the federal government in the late 1970s.

PCBs are also found in products as an unintentional by-product of manufacturing processes. PCBs are ubiquitous in the environment because of their stability, extensive previous use, by-production in manufacturing, inadvertent release, and the inability to control and eliminate them through current waste management practices. PCBs have been shown to cause cancer and affect the human immune, reproductive, nervous, and endocrine systems. PCBs are persistent, bio accumulative, and toxic, and they cycle between the air, soil, and water.

PCB Preference Language:

In accordance with RCW 39.26.280 preference of XX% (no less than 5%) will be given to the bidder who can provide evidence that products (including product packaging) to be supplied do not contain PCBs. The method for testing products or packaging for PCBs must be per U.S. Environmental Protection Agency (EPA) Analytical Method 1668c, or equivalent. If no bidder can provide evidence that products to be supplied are PCB free (zero measurable level), the Purchaser may award partial preference points to the bidder who can provide evidence that products to be supplied contain the lowest PCB levels.

Products to be supplied under the resulting contract must consistently meet the PCB levels documented during the solicitation and the vendor maybe required annually to provide testing results per EPA Analytical Method 1668c or equivalent (at no cost to the State) from an accredited laboratory or testing facility verifying the PCB levels.

Evaluation Criteria / Maximum Points
Points
Price / 60
Specifications / 30
PCBs / 10
Total / 100

Evaluation Model Example

10 Points = Tested, no PCBs

5 Points = Tested, lowest level of PCBs

4 Points = Tested, 2nd lowest level of PCBs

3 Points= Tested, 3rd lowest level of PCBs

2 Points = Tested, 4th lowest level of PCBs

1 Points = Tested, 5th lowest level of PCBs

0 Points = Not Tested

Bidders / Scenario 1 / Scenario 2 / Scenario 3
Bidder A / Tested, no PCBs = 10 pts / Tested, 2nd lowest PCBs = 4 pts / Not tested = 0 pts
Bidder B / Tested, lowest PCBs = 5 pts / Not tested = 0 pts / Not tested = 0 pts
Bidder C / Tested, 2nd lowest = 4 pts / Tested, lowest PCBs = 5 pts / Not tested = 0 pts
Bidder D / Tested, 3rd lowest = 3 pts / Not tested = 0 pts / Tested, some PCBs = 5 pts
  • Partial reward for testing (testing will help establish commodity and industry starting PCB levels)
  • Maximum reward reserved for no PCBs

Best Practice:

Agencies are recommended to review and consider rebidding existing contracts prior to their max term date for products that may contain high levels of PCBs and have a direct contact with people or the environment (e.g. road paint, commercial fish food, deicing compounds).