Single Source Procurement: Drinking Water Fluoridation Program

Pursuant to New York State Finance Law § 163.10(b), The New York State Department of Health is presenting the following summary of relevant circumstances, and material and substantial reasons why a competitive procurement was not feasible.

On January 23, 2016, there was an accidental spill of fluoride from the bulk and day tanks at the Mohawk Valley Water Authority (MVWA) treatment plant. The fluoride breeched the spill containment wall and discharged fluoride into the residual lagoons. Due to the spill, MVWA had to develop and implement an accelerated plan to address the spill and improve spill containment and control moving forward. MVWA's fluoridation project fits the intent and parameters of Public Health Law 1100-a, Subdivision 4; immediate action was required to address and remediate the spill; and the project was started within the 2016-17 state fiscal year. Therefore, the NYSDOH is seeking to establish a single-source contract with MVWA to reimburse them for costs related to the cleanup and remediation of the fluoride spill. This includes:

  • replacement of aged equipment beyond its useful life, which will reduce the potential for failure and thus also for future spills;
  • improvements to spill prevention measures, which will directly reduce the potential for future spills;
  • improvements to spill containment measures, which will contain and mitigate any future spills; and
  • ventilation of corrosive fluorosilicic acid fumes, which will prolong the life of equipment and concrete associated with the above bullets, and thus reduce the potential for future spills.

The MVWA is one of the largest currently fluoridating water systems (130,000 people) in NYS. They provide potable, optimally fluoridated drinking water to many communities in both Oneida and Herkimer County. Both counties are designated by the federal government as Medicaid-Eligible dental health professional shortage areas meaning there are not enough dentists willing to serve Medicaid eligible individuals in those counties. Because access to dental care is an issue in Oneida and Herkimer County, access to optimally fluoridated water is an imperative public health priority.

This contract is restricted to only covering costs attributed to the clean-up and remediation of faulty fluoridation equipment. Any costs outside this restricted scope are not eligible for reimbursement under this contract.

Procurement / Program Name Drinking Water Fluoridation Program
Contractor Name(s) Upper Mohawk Valley Regional Water Board
Contract Period 7/1/2016 – 6/30/2017
Contract Number(s) C32182GG