NIKKI STEPHENS

CHIEF PROBATION OFFICER

CHARLEY FULLER

DEPUTY CHIEF

PROBATION OFFICER

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

PROBATION AND PRETRIAL SERVICES

June 24, 2026

Reply to:

104 NORTH THIRD ST.

ROOM 110

LUFKIN, TX 75901

(936) 632-9004

FAX: (936) 632-9806

The United States District Court for the Eastern District of Texas is soliciting proposals to provide treatment services in the following areas:

Substance Use Treatment and Urine Collection/Testing

• 0540-2027-0001 Substance Use Treatment and Urine Collection/Testing for Lufkin, TX

• 0540-2027-0130 Substance Use Treatment and Urine Collection/Testing for Orange, TX

Substance Use Treatment Only

• 0540-2027-0009 Substance Use Treatment for Prosper, TX

• 0540-2027-0012 Substance Use Treatment for Longview, TX

• 0540-2027-0013 Substance Use Treatment for Grayson County, TX

• 0540-2027-0022 Substance Use Treatment for Lewisville, TX

• 0540-2027-0037 Substance Use Treatment for Celina, TX

• 0540-2027-0040 Substance Use Treatment for Brownsboro, TX

• 0540-2027-0083 Substance Use Treatment for Denton, TX

Urine Collection/Testing Only

0540-2027-0014 Urine Collection/Testing for Grayson County, TX 0540-2027-0033 Urine Collection/Testing for Lewisville, TX 0540-2027-0034 Urine Collection/Testing for Denton, TX 0540-2027-0036 Urine Collection/Testing for Texarkana, TX and/or Texarkana, AR 0540-2027-0131 Urine Collection/Testing for Paris, TX

Residential Substance Use Treatment

• 0540-2027-0039 Residential Substance Abuse Treatment for all Eastern District of TX

Mental Health Treatment

• 0540-2027-0005 Mental Health Treatment for Orange, TX

• 0540-2027-0011 Mental Health Treatment for Longview, TX

• 0540-2027-0038 Mental Health Treatment for Celina, TX

Rvsd. 02/2024

• 0540-2027-0041 Mental Health Treatment for Brownsboro, TX

• 0540-2027-0006 Mental Health Treatment for Prosper, TX

The offeror would provide services for male and female federal defendants/persons under supervision who have been ordered by the Court to participate in treatment. These individuals include persons on probation, supervised release, or parole, who are under supervision of the United States Probation Office, as well as persons on Pretrial status under the supervision of United States Pretrial Services Office. Pursuant to Section C, vendors should offer treatment that is readily accessible to reasonably accommodate defendant/person under supervision schedules. This will likely require the vendor to offer evening hours for those persons working during normal business hours.

Regarding Request for Proposals (RFPs) that include Urine Collection, the offeror is not required to maintain a call-in phone system for the urine collection, as this will be operated by the U.S. Probation Office.

Request for Proposals (RFPs) are located on the district’s website at www.txep.uscourts.gov (Under the tab Contract Treatment Services & Other Solicitations). The instructions for downloading an RFP are as follows:

• Click the Contract Treatment Services & Other Solicitations tab.

• Click the Open Solicitations/RFP/Q&A tab.

• Click the RFP that you are interested in (you will need to download the RFP).

• Please read the RFP Cover letter carefully.

The RFP contains the full text of all applicable government regulations, and all offerors are subject to the provisions contained in the RFP. In responding to the RFP, you should answer each item and supply all information requested.

Section L provides specific directions for potential offerors in completing the proposal. The offeror should fully read Section L and follow the directions set forth. The minimum standards for the services listed are contained in the Clauses and Terms of Agreement. All proposals will be evaluated by the criterion explained in Section M. Note if you intend to subcontract any services, instructions are included in Section L the offeror should follow.

On Tuesday July 7th, 2026, a virtual vendors conference will be held using Microsoft Teams. The meeting will begin at 10:00 a.m. We will discuss how to submit a proposal, including some of the significant changes and revisions to the new FY 2027 Statement of Work. If you are unable to attend the conference, we will post a recording of this conference on the U.S. Probation Office website to include questions and answers. Please be sure to check the U.S. Probation Office website frequently under the http://www.txep.uscourts.gov/

Contract Treatment Services tab to view the conference recording and to see the Power Point. Please refer to the attachment following this cover letter for information on how to join the meeting. If you encounter problems joining the meeting, please send an email to TXEPml_Treatment_Services_Team@txep.uscourts.gov. Attendance is not required but is highly encouraged.

If you have any questions regarding the RFP, please submit your questions in writing to TXEPml_solicitationquestions@txep.uscourts.gov. You may NOT call with ANY questions regarding the RFP, regardless how minor the question. All questions are due by Tuesday July 21st, 2026, at 5:00 p.m. All responses to questions will be posted to the U.S. Probation Office website as questions are received. Therefore, please check the web site occasionally while working on the RFP, and prior to submitting the RFP, for any clarification issues. All responses to questions will be posted on the U.S.

Probation Office website at www.txep.uscourts.gov (under the Contract Treatment Services tab, then click on the link that says BPA Questions and Answers).

Proposals will be awarded on the basis of initial offers submitted, and each initial offer should contain your organization’s best terms from a cost and technical standpoint. There will be no additional opportunity to modify your proposal.

Please read the RFP carefully; do not rely on knowledge of previous RFPs, or knowledge of previous Federal procurement procedures. As a reminder, the offeror must have a physical site within the catchment area (unless otherwise indicated in the RFP), which will be evaluated during an on–site visit. A catchment area may consist of multiple counties/zip codes, in which case the offeror must have a physical site within at least one of the counties/zip codes identified in that catchment area.

An offeror must be capable of providing all services identified in Section B, including local services identified at the end of Section C, and must have a physical site located within the geographic area identified in Section B. If the offeror is unable to provide a service identified in Section B and does not identify/subcontract with someone to provide the service, the offeror will be technically unacceptable.

The estimated monthly quantity listed in Section B of the RFP is the estimate of the services to be provided during the terms of this agreement. It is only an estimate.

Although the Government may choose to enter into a Blanket Purchase Agreement with multiple offerors, the Government reserves the right to award a single offeror.

The term for this Blanket Purchase Agreement is twelve (12) months with a start date of October 1, 2026, with a provision that shall allow the Government to unilaterally extend the agreement for an additional four (4) years, at four (4) twelve (12) month intervals, at the Government’s discretion.

Proposals are due by Monday July 27th, 2026, at 5:00 p.m. Proposals shall be e-mailed in pdf format to TXEPml_Treatment_Services_Team@txep.uscourts.gov. All e-mail submissions must reference in the subject line, the Solicitation number indicated in Section A, Block 1 of the Solicitation/Offer/Acceptance.

mailto:TXEPml_Treatment_Services_Team@txep.uscourts.gov mailto:TXEPml_solicitationquestions@txep.uscourts.gov http://www.txep.uscourts.gov/ mailto:TXEPml_Treatment_Services_Team@txep.uscourts.gov

Hard copies will not be accepted, unless otherwise noted. It is the responsibility of the offeror to confirm the government’s receipt of the proposal.

All proposals must be signed by a representative authorized to commit the offeror to contractual obligations. Electronic signatures are accepted.

A copy of the Blanket Purchase Agreement, Clauses and Terms of Agreement, should be retained by the offeror for their files.

Sincerely, Andrea Van Ness Simone Norman U.S. Probation Officer U.S. Probation Officer Contracting Officer Contracting Officer

Wesley Basham U.S. Probation Officer Contracting Officer

Andrea Van Ness My Signature

Simone Norman Simone Signature

WesleyBasham Signature

FY 2027 Vendor Conference Treatment Services RFPs

Tuesday July 7, 2026 @ 10:00 a.m.

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Join:

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BPA-Solicitation Number: 0540-27-0036 Page A- 1 of 1

✎AO 367

(Rev. 3/24)

SECTION A SOLICITATION / OFFER / ACCEPTANCE

1. Solicitation No. 2. Date Issued 3. Award No.

0540-27-0036 06/24/2026

4. Issued By: 5. E-mail Address Offer To (if other than Item 4):

Andrea Van Ness «A_F_recipientName» TXEPml_Treatment_Services_Team@txep.uscourts.gov

SOLICITATION

6. Proposals for furnishing the required services listed in Section B will be received electronically via the e-mail address(es) specified in Item 4 or 5 until 05:00 PM local time 07/27/2026 (hour) (date)

7. For Information call:

a. Name Andrea Van Ness b. Telephone (903) 508-6029

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – AGREEMENT CLAUSES

X A SOLICITATION/OFFER/ACCEPTANCE 1 X I REQUIRED CLAUSES 13

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 26 X J LIST OF ATTACHMENTS «A_FP_SecJ»

X D PACKAGING AND MARKING 1 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OR OFFERORS 2

X F DELIVERIES OR PERFORMANCE 1

X G AGREEMENT ADMINISTRATION DATA 3 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 15

X H SPECIAL AGREEMENT REQUIREMENTS 4 X M EVALUATION CRITERIA 6

OFFER

8. In compliance with the above, the undersigned agrees, if this offer is accepted within _____________calendar days (365 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

9. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

10. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

11. NAME 16. AWARD

AND

ADDRESS Your offer on Solicitation Number , including the OF additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets.OFFEROR

12. Telephone No. (Include area code)

13. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 17A. NAME OF CONTRACTING OFFICER (Type or print)

17B. UNITED STATES OF AMERICA 17C. DATE SIGNED

14. Signature 15. Offer Date BY (Signature Of Contracting Officer)

BPA-Solicitation Number: 0540-27-0036 Page B- 1 of 2

Revised FY 2027

SECTION B - SUPPLIES OR SERVICES AND OFFEROR'S PRICES

The United States District Court for the Eastern District of Texas is soliciting a vendor to provide substance use, mental health, and/or sex offender treatment services. A vendor must be capable of providing services within a geographic area encompassing Texarkana, Texas and Texarkana, Arkansas.

As a result of this solicitation the Government intends to enter into a Blanket Purchase Agreement (BPA). For this BPA, approximately 1 to 2 vendors are needed to provide the required services. The Government reserves the right to award to a single vendor. If the Government awards to more than one vendor, each vendor placed on the BPA will receive a share of the total quantity of Estimated Monthly Quantities stated.

A Blanket Purchase Agreement is a “charge account” arrangement, between a buyer and a seller for recurring purchases of services. BPAs are not contracts and do not obligate government funds in any way. A contract occurs upon the placement of a call or referral from the Probation/Pretrial Services Office and the vendor’s acceptance of the referral. In the event the Government has awarded to more than one vendor on a BPA, referrals will be rotated among all the vendors on the BPA. BPAs are valid for a specific period of time, not to extend beyond the current fiscal year. The total duration of this BPA, including the exercise of four 12-month options, shall not exceed 60 months. BPAs will be issued to those vendors determined to be technically acceptable and offering the lowest cost to the Government, using the Evaluation Criteria established in Section M of the Request for Proposal.

Section B is generic and used nationwide to procure the particular needs of each U. S. Probation/Pretrial Services Office. An asterisk * indicates a requirement line item which has been modified under “Local Services.” Offerors shall submit pricing and proposal information related to only the required services. Services proposed, but not required, will not be evaluated or included under any resultant agreement. Offerors failing to provide pricing on all identified project codes (with the exception of actual cost or administrative fees), will be considered technically unacceptable.

Note: the fiscal year for the federal Government begins on October 1 of one calendar year through September 30 of the next. Pricing shall include the base fiscal year, as well as pricing for each fiscal option year.

Note: Estimated Monthly Quantities (EMQs) represent the estimated total monthly quantities to be ordered per project code. However, EMQ’s are estimates only and do not bind the government to meet these estimates.

BPA-Solicitation Number: 0540-27-0036 Page B- 2 of 2

DRUG TESTING:

PROJECT

CODE

REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT

PRICE

X 1011 Urine Collection, Testing and Reporting

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Unit: Price: per specimen

BPA-Solicitation Number: 0540-27-0036 Page C- 1 of 26

SECTION C. DESCRIPTION/STATEMENT OF WORK

PROVISION OF SERVICES

The United States Probation and Pretrial Services Office (hereafter USPO/USPSO) shall provide a Probation Form 45 for each defendant/person under supervision that authorizes the provision of services. The vendor shall provide services strictly in accordance with the Probation Form 45 for each defendant/person under supervision. The Judiciary shall not be liable for any services provided by the vendor that have not been authorized for that defendant/person under supervision on the Probation Form 45. During treatment, the United States Probation or Pretrial Services Officer may issue amended Probation Form 45’s to reflect any changes in the service requirements. The USPO/USPSO will notify the vendor in writing via Probation Form 45 when services are to be terminated. The Judiciary shall not be liable for any services provided by the vendor subsequent to the written notification.

INTRODUCTION

A. Pursuant to the authority contained in 18 U.S.C. §§ 3154 and 3672, contracts or Blanket Purchase Agreements may be awarded to provide services for defendants/persons under supervision who are drug-dependent, alcohol-dependent, and/or suffering from a psychiatric disorder. Such services may be provided to federal defendants/persons under supervision supervised by the USPO/USPSO, under the terms of this agreement. The vendor shall submit separate invoices for services provided to the referring agency (USPO or

USPSO).

Note regarding pretrial services defendants: The vendor shall not ask questions pertaining to the instant offense (pending charges) or ask questions or administer tests that compel the defendant to make incriminating statements or provide information that could be used in the issue of guilt or innocence. If such information is divulged as part of an evaluation or treatment, it shall not be included in the written report.

B. The services to be performed are specified in Sections B and C of this agreement.

The vendor shall comply with all requirements and performance standards of this agreement to ensure the effective and efficient delivery of services. The vendor is responsible for their knowledge of the agreement and shall adhere to these standards to maintain the quality and integrity of the authorized services.

C. The judiciary will refer defendants/persons under supervision on an “as needed basis.” The judiciary does not guarantee referrals for a specific quantity of services or a specific number of persons.

BPA-Solicitation Number: 0540-27-0036 Page C- 2 of 26

DEFINITIONS

A. “Judiciary” means United States Government.

B. “Authorized representative” means any person, persons, or board (other than the contracting officer and Chief Probation Officer/Chief Pretrial Services Officer) authorized to act for the head of the agency.

C. “Contracting Officer” (i.e. CO) means the duly authorized representative to execute this Agreement on the behalf of the Judiciary, and any other successor Contracting Officer who has responsibility for this agreement. The term includes, except as otherwise provided in this Agreement, the authorized representative of a Contracting Officer acting within the limits of their written authority.

D. “Defendant/Person Under Supervision” means any pretrial releasee, probationer, parolee, mandatory releasee, mandatory parolee, or supervised releasee receiving drug/alcohol testing and/or substance use assessment/treatment, mental health assessment/evaluation/treatment, and or sex offense specific evaluation/treatment/testing while under the supervision of the Federal Probation or Pretrial Services Office. Hereinafter, the term defendant applies to those on pretrial supervision, whereas person under supervision applies to those on post-conviction supervision.

E. “U.S. Probation Officer” (i.e., USPO) and “U.S. Pretrial Services Officer” (i.e., USPSO) means an individual appointed by the United States District Court to provide pretrial, presentence and supervision (pre and post sentence) services for the court. USPO and USPSO refers to the individual responsible for the direct supervision of a defendant/person under supervision receiving drug/alcohol testing and/or substance use assessment/treatment, mental health assessment/evaluation/treatment, sex offense specific evaluation/treatment/testing, and/or specialized treatment for pretrial defendants charged with a sex offense.

F. “Designee” means the person selected by the Chief Probation Officer or the Chief Pretrial Services Officer to act in their behalf in drug, alcohol, and mental health treatment matters.

G. “Telehealth” includes providing health care delivery, assessment, diagnosis, consultation, and treatment and the transfer of medical data through interactive audio, video, or electronic/data communications.

H. “Clarifications” are limited exchanges, between the Judiciary and offerors that may occur when award without discussions is contemplated. If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors.

I. “AOUSC” refers to the Administrative Office of the U.S. Courts.

J. “Probation Form 45" is the referring document submitted by the USPO/USPSO per defendant/person under supervision that outlines only those services the vendor is authorized to provide and invoice to the Judiciary. It should be noted the Probation Form 45 only requires the signature of the referral agent.

K. “Monthly Sign-In Log” is a document the vendor will use for each defendant/person under supervision to verify services are being offered/provided per Probation Form 45 requirements. The Monthly Sign In Log includes a place for defendant/person under supervision to sign for services based on project code, with a time in/out, vendor initials, co-payment received, and comments (to

BPA-Solicitation Number: 0540-27-0036 Page C- 3 of 26 include a comment if the defendant/person under supervision failed to report, if no services were provided/received within the month, and if telehealth was provided including the means in which the session was provided (teleconference, video conference, internet). This document accompanies the monthly invoice.

L. “Case Staffing Conference” is a collaborative meeting involving the officer, the vendor, and when possible, the defendant/person under supervision, to exchange information, identify issues, and ensure the purpose of services is focused on targeting the identified risk and needs of the individual.

M. “DSM” is the Diagnostic and Statistical Manual of Mental Disorders and “ICD” is the International Classification of Diseases.

N. “Co-payment” is any payment from defendant/person under supervision.

O. “AMO” is the Acquisition Management Office at the Administrative Office of the U.S. Courts.

P. “PCRA” means the Post-Conviction Risk Assessment, which is an assessment administered by the USPO with the person under supervision used to determine risk level, identify dynamic risk factors (criminogenic needs) and criminal thinking styles. A copy of the PCRA interpretation report with the identified risk level should be provided to the treatment vendor with the referral for services.

Q. “Criminogenic Risk” includes factors in a person under supervision’s life that are directly related to recidivism. The most significant are Cognitions, Alcohol and Drugs, Employment/Education, Social Networks and Criminal History.

R. “PTRA” means the Pretrial Risk Assessment, which is an assessment administered by the USPSO with the defendant used to determine failure to appear and new criminal arrests or revocations due to technical violations.

MANDATORY REQUIREMENTS

For Project Codes in Section B, the corresponding paragraphs in this statement of work shall be considered mandatory requirements, as well as the sections listed below:

A. Defendant/Person under supervision Reimbursement and Co-payment B. General Requirements C. Notifying USPO/USPSO of Defendant/Person under Supervision

Behavior D. Staff Requirements and Restrictions E. Facility Requirements F. Local Services (if applicable)

DRUG TESTING

1. Urine Collection, Testing and Reporting - Non-Instrumented Drug Testing Devices (NIDTs) (1011):

Non-Instrument Drug Testing uses methods of urine testing that do not require laboratory instruments for the initial analysis. The device utilized provides an immediate

BPA-Solicitation Number: 0540-27-0036 Page C- 4 of 26 presumptive result. The vendor shall perform the following procedures related to the collection, testing, and reporting of urine specimens using NIDT devices. The Designee will provide the vendor with the necessary urinalysis collection materials (i.e. Chain of Custody forms if applicable, NIDT devices); however, the vendor is responsible for printer ink, disposable gloves, cleaning agents, coloring agent, etc.

a. Storage of Urinalysis Supplies

The vendor shall:

(1) Store all urinalysis supplies in a secure area with access limited only to authorized vendor employees involved in the collection process.

b. Secure Collection Area

The vendor shall:

(1) To the extent possible, provide a lavatory only for collecting urine specimens that is not used by staff or others not providing urine specimens.

(2) If the lavatory is used by others not providing a urine specimen, the vendor shall:

(a) Limit the possibility of any interference with the collection process or adulteration of the specimen; and

(b) Limit access during the collection process to only those involved in the collection of urine specimens.

c. Safety Precautions and Collector Training

(1) The vendor shall ensure that collectors reviewed and acknowledged the federal OSHA Bloodborne Pathogen regulations (29 C.F.R. 1910.1030).

The vendor shall document the same in the collector’s personnel file and the collector must certify they have received and understand the regulations. The vendor shall provide the documentation to the CO upon request.

(2) The vendor shall ensure that all personnel handling urine specimens wear disposable gloves designed for protection against biohazards and are familiar with standard precautions for handling bodily fluids.

(3) The vendor shall ensure collector training includes fostering respectful and appropriate interactions with defendants/persons under supervision regardless of gender, race, ethnicity, religion, cultural background, sexual orientation, or other personal characteristics.

BPA-Solicitation Number: 0540-27-0036 Page C- 5 of 26

d. General Urine Specimen Collection Procedures

(1) The vendor shall ensure defendants/person under supervision:

(a) Remove jackets, coats and large pocket items before entering the collection area. These items can be placed on a hook or table inside the collection area.

(b) Set aside purse or other carried items. These items can remain in the collection areas; however, must remain outside of immediate access from the defendant/person under supervision.

(c) Vigorously wash their hands using soap and water, then thoroughly rinse their hands to remove all soap and any adulterants from under the fingernails or on the skin, and finally dry their hands completely prior to voiding.

(d) Roll up long-sleeved shirts so the collector can examine defendant/person under supervision’s arms to detect tampering devices or adulterants.

(2) The vendor shall ensure that the collectors:

(a) Verify the identity of the defendant/person under supervision by means of a state driver’s license, state identification or other acceptable form of photo identification.

(b) Collect specimens from only one donor at a time. Both the donor and the collector shall always keep the specimen collection container in view prior to it being sealed.

(c) Complete a NIDT Collection Form (provided by the Judiciary) before a defendant/person under supervision voids.

(d) Collect a minimum of 30 milliliters of urine to allow the laboratory to conduct confirmation testing. A specimen with less than 10 milliliters of urine is not acceptable for testing and shall not be submitted as the laboratory will not test it due to insufficient quantity.

(e) Not flush urinals/commode until the collection is completed and the collector advises it is safe to do so (a coloring agent is not necessary

BPA-Solicitation Number: 0540-27-0036 Page C- 6 of 26 for direct observation of urine collection).

(f) Observe and document any indication (unusual color, odor) of specimen dilution and/or adulteration, or any unusual collection events or discrepancies.

(g) Review the temperature of the specimen to determine if it is near body temperature, if applicable. If temperatures strips are provided by the Judiciary, the temperature of the specimen should be measured within 4 minutes of collection and should be within a range of 90 - 100 degrees.

(h) Perform test procedures according to the manufacture’s procedures/instructions for completion of testing on specimen.

(i) Record test results on the Urinalysis Log (included within the Section J attachments and/or approved by CO), if applicable.

(j) Close and secure tightly the specimen collection container to ensure it will not leak.

(k) For presumptive positive specimens, complete the appropriate Chain of Custody form with the defendant/person under supervision. Use a tamper evident tape from the Chain of Custody form across the top of the bottle cap and down the sides of the bottle. The collector or defendant/person under supervision shall initial the tamper tape or label. The collector shall sign the Specimen Collection Statement of The Chain of Custody form and have the defendant person under supervision sign the form. (This procedure is not mandatory for NIDTs when an instant negative result is obtained, and no further testing will be done on that sample).

(l) Follow notification protocols outlined in this Statement of Work under Notifying USPO/USPSO of Defendant/Person Under Supervision Behavior.

e. Observed Urine Specimen Collection Procedures

The vendor shall:

(1) Directly observe defendant/person under supervision voiding into a specimen collection container. Collectors conducting direct observation of urine collection shall be the same gender as the defendant/person under

BPA-Solicitation Number: 0540-27-0036 Page C- 7 of 26 supervision providing the specimen (no exceptions).

(2) The use of mirrors is acceptable if the mirrors aid the collector in viewing the voiding process.

f. Unobserved Urine Specimen Collection Procedures

The vendor shall perform the following urine specimen collection procedures if circumstances prevent the observed collection of a specimen. Unobserved urine collection should be a rare occurrence and not a general manner of vendor operations. The vendor shall ensure that collectors:

(1) Take unobserved specimens only when the defendant/person under supervision and the collector are not of the same gender or it is virtually impossible to collect an observed specimen. If circumstances necessitate the collection of unobserved specimens, the vendor shall contact the CO for approval prior to the collection. If unobserved collection has not been approved, the vendor shall not invoice for the collection.

(2) Secure any source of water in the area where the collection occurs, by either shutting off the water or securing its access with tamper evident tape.

(3) Remove and/or secure any agents that could be used to adulterate the specimen, such as soaps, cleaners and deodorizers.

(4) Clearly document on the Chain of Custody Form or Urinalysis Testing Log any unobserved collections and document and obvious signs of substitution or contaminants.

(5) When using NIDTs for unobserved collection of a specimen, perform an adulteration test, including temperature, pH and specific gravity tests, if provided by the Judiciary.

(6) If temperatures strips are provided by the Judiciary, use a temperature strip to measure urine specimen temperatures which should range between 90-and 100-degrees Fahrenheit. The time from voiding to temperature measurement is critical and in no case shall exceed 4 minutes.

(7) Obtain a second specimen from defendant/person under supervision if the urine specimen temperature is outside the specified range. To prevent dilute specimens, limit fluid intake by the defendant/person under supervision to no more than 8 ounces per hour.

BPA-Solicitation Number: 0540-27-0036 Page C- 8 of 26

(8) Place a coloring agent in the commode to deter dilution of the specimen with commode water.

(9) Follow all general collection procedures in subsection (d) above.

g. Random Urine Specimen Collection Procedures

The vendor shall provide random urine specimens collections in accordance with the following:

(1) The vendor shall collect random urine specimens at the frequency determined and authorized in the Probation Form 45.

(2) The vendor shall collect random urine specimens when the defendants/person under supervision have less than 24 hours’ notice to submit a urine specimen.

(3) The vendor shall not change a randomly scheduled urine collection time and date without the advance approval of the CO.

(4) At the CO’s request, the vendor shall develop and operate an automated notification system for random urine collections, subject to approval of the CO before use.

h. Urine Specimen Collection Logs and Reports

(1) Urinalysis Testing Log

The vendor shall utilize the Urinalysis Testing Log (included within Section J attachments) for all urinalysis specimens collected which shall indicate:

(a) Defendant’s/person under supervision’s name and PACTS number

(b) Vendor name and agreement number

(c) Month/Year

(d) Collection Date

(e) Defendant/Person Under Supervision Signature

(f) Collector’s initials

(g) Medications taken

(h) Test results, and

(i) Co-pay collected (if applicable)

(2) Reporting of Results

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The vendor shall coordinate with the CO on the method and format for delivery of results reports at the end of each collection day.

NOTE: Allowing participants to see the names or signatures of defendants/person under supervision violates federal confidentiality regulations regarding disclosure of drug or alcohol treatment records.

i. Urine Testing

The vendor shall:

(1) Ensure that personnel who perform drug testing using NIDTs follow manufacturer’s instructions and demonstrate proficiency in the use of the test device(s).

(2) Test for drug(s) only as directed by the CO using only devices provided by the Judiciary.

(3) Perform test(s) according to the manufacturer’s procedures with the defendant/person under supervision observing the process.

(4) Record the NIDT test result on the Urinalysis Testing Log, and provide USPO/USPSO test results at a frequency and format as instructed by the

CO.

(5) Follow notification protocols outlined in this Statement of Work under Notifying USPO/USPSO of Defendant/Person Under Supervision Behavior.

(6) Send presumptive positive specimens to the national drug testing laboratories under the explicit instruction of the CO, using the procedures outlined in Urine Specimen Mailing and Storage.

j. Specimen Processing

(1) If the NIDT test(s) is negative the vendor shall:

(a) Discard the urine specimen by flushing urine down the commode.

Rinse the emptied bottle. Urine is not considered biohazardous waste.

(b) Discard the test device in compliance with federal, state, and local regulations. The test device or any other solid waste exposed to

BPA-Solicitation Number: 0540-27-0036 Page C- 10 of 26 urine as a part of the collection and testing process may require biohazard disposal. If such disposal is required, the vendor shall ensure it is conducted in compliance with federal, state, and local regulations.

(c) Log the result(s) on the approved Urinalysis Testing Log.

(2) For a presumptive positive test result(s), the vendor shall:

(a) Remind the defendant/person under supervision that the test(s) result is presumptive and will be reported to the assigned officer.

(b) Prepare the specimen(s) to send to the national laboratories by transferring the specimen(s) to a national laboratory bottle and completing the Chain of Custody Form(s). All bottles and containers shall be provided by the Judiciary. Once transfer of the specimen is completed, the vendor shall discard the NIDT device(s). NIDT cups/bottles may only be used for shipping with the advanced approval of CO. Within 48 hours, send all presumptive positive NIDT specimens to the nationally contracted laboratory, unless otherwise directed by the CO.

(c) Follow notification protocols outlined in this Statement of Work under Notifying USPO/USPSO of Defendant/Person Under Supervision Behavior.

If the defendant/person under supervision refuses to sign the Chain of Custody form, the vendor shall:

(a) Note the refusal on the Chain of Custody form and instruct the defendant/person under supervision to personally contact their assigned USPO/USPSO immediately to provide notification of their refusal to sign the form.

(b) Follow notification protocols outlined in this Statement of Work under Notifying USPO/USPSO of Defendant/Person Under Supervision Behavior.

(c) Ensure the collectors do not insist that the defendant/person under supervision sign the Chain of Custody Form. The vendor shall record the defendant’s/person under supervision’s refusal to sign on the Chain of Custody Form and in the defendant/person under supervision file (the specimen will be tested by the national laboratory even if the defendant/person under supervision fails to

BPA-Solicitation Number: 0540-27-0036 Page C- 11 of 26 sign the form).

k. Urine Specimen Mailing and Storage (For specimens shipped to the national contract laboratory):

The vendor shall ensure that:

(1) Every specimen shipped or transferred to a testing facility is contained in a collection container specifically designed to withstand the rigors of transport. All collection containers shall be provided by the Judiciary.

NIDT cups/bottles may only be used for shipping with the advanced approval of CO.

(2) The collector places the specimen and corresponding Chain of Custody Form in the approved shipping container, notifies the shipper/delivery service/courier that specimen(s) are ready to be delivered, and places such containers in the custody of an approved delivery service or courier.

(3) Specimens shall be mailed/shipped no later than the close of business the day the specimens are collected, or in the case of evening collections, the morning of the day following the collection.

(4) Urine specimens are stored in a secure area with access limited only to collectors or other vendor authorized personnel.

l. “No Test” Policy

For presumptive positive NIDT results, the urinalysis laboratories under national contract with the Administrative Office of the U.S. Courts will only test urine specimens if all the following conditions are met.

(1) The specimen bottle contains no less than 10 milliliters of urine.

(2) The specimen security seal or tamper evident system (e.g., tape) is present and intact.

(3) The specimen bar code label is present.

(4) The specimen is accompanied by the Chain of Custody Form.

(5) The specimen identifier (i.e., bar code number) on the bottle is identical to the number on the Chain of Custody Form.

(6) The collector’s signature is on the Chain of Custody Form.

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When any of the above conditions are not met, “No Test” will be stamped on the request report form and the reason for the no test will be checked or written in the space provided. Specimens that cannot be tested will be discarded. The vendor shall ensure that all the above conditions are present for specimens sent to the national drug testing laboratories for testing.

m. Drug Testing Invoicing (NIDTs)

The vendor shall:

(1) Invoice only one unit of NIDT (PC 1011) per defendant/person under supervision per tested specimen. For example, if the NIDT device does not provide a test result or the test result is not readable, the test shall be conducted using another NIDT device at no additional charge to the Judiciary. The vendor shall include the “multiple test” factor in the unit price for this service.

(2) Charge only one NIDT (PC 1011) to the Judiciary if the specimen is also sent to a national laboratory. Charging for PC 1010 (urine collection) and PC 1011 for the same specimen is not permitted. The vendor may include the additional work related to sending a specimen to a national laboratory and reporting the result in the unit price (PC 1011) for this service.

Approximately one out of ten samples will be prepared for mailing to a national laboratory, but not all samples will be sent because the defendant/person under supervision may admit drug use.

(3) For specimens that are received by the national drug testing laboratories and are untestable in accordance with the no-test policy or failure to follow the required collection guidelines, the vendor shall not invoice the district for the cost of the collection. The CO will provide notification to the vendor of untestable specimens.

2. GENERAL REQUIREMENTS

a. Defendant/Person under supervision Records and Conferences

(1) File Maintenance

Treatment records shall be the property of the vendors, who are responsible for maintenance, disclosure, and retention. The vendor shall:

(a) Maintain a secure filing system for all information related to

BPA-Solicitation Number: 0540-27-0036 Page C- 13 of 26 defendants/persons under supervision who receive services under this agreement. If information is stored electronically, the vendor shall ensure that it is accessible for review in the format specified by the CO, e.g.

paper copy, flash drive, electronic access. The vendor shall timely provide access upon request of the CO.

(b) If maintaining paper files, separate defendant/person under supervision files from other vendor records. This will facilitate monitoring and promote defendant/person under supervision confidentiality.

(c) Create a separate file when a defendant on pretrial services supervision is sentenced to probation supervision but continued in treatment with the vendor. The vendor may copy any information relevant from the pretrial services file and transfer it into the probation file, except for information covered under the Pretrial Services Confidentiality Regulations.

(d) Identify any records that disclose the identity of a defendant/person under supervision as CONFIDENTIAL.

(e) Maintain all records for defendants/persons under supervision for three years after receiving final payment, making them available for Judiciary inspection and review. In the event of litigation or settlement of claims arising out of the performance of this agreement, retain these records until final disposition of such appeals, litigation, or claims. This requirement is in addition to, and not a substitute for, other local/state/federal record retention requirements.

(f) At the written request of the USPO/USPSO, at the expiration of the performance period of this agreement, the vendor shall provide the USPO/USPSO or CO a copy of all defendant/person under supervision records that have not been previously furnished.

(g) The vendor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) privacy rule Security Standards for the Protection of Electronic Protected Health Information set forth at 45 C.F.R. § 164.302 to 318 with regard to electronic information. This includes implementing necessary administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of all electronic protected health information (ePHI) that the vendor creates, receives, maintains, or transmits.

b. Vendor Obligations for Disclosure of Information

The vendor shall:

(1) Be responsible for ensuring compliance with all applicable federal, state and local laws and regulations regarding the confidentiality and safeguarding of protected information. As a covered entity this includes adherence to HIPAA.

(2) Protect CONFIDENTIAL records from disclosure except in accordance

BPA-Solicitation Number: 0540-27-0036 Page C- 14 of 26 with item number b. (3), (4), (5), (6), (7), and (8) below.

(3) Using an agency specific release of information form, obtain defendant’s/person under supervision’s written informed consent to disclose confidential health information to the USPO/USPSO, except where permitted or required by law. The vendor, as the covered entity, shall be responsible for determining the appropriateness of personal health information disclosure. If the vendor is unable to obtain this disclosure, the vendor shall notify the USPO/USPSO immediately.

(4) Disclose defendant/person under supervision records upon request of the USPO/USPSO or designee to the USPO/USPSO or designee.

(5) Make its staff available to the USPO/USPSO to discuss treatment of a defendant/person under supervision.

(6) Disclose defendant/person under supervision records only in accordance with 42 C.F.R. Part 2, and 45 C.F.R. § 160.201 to 205 and Part 164, even if the vendor is not otherwise subject to these regulations. Note that the Judiciary is not a covered entity under these regulations. Should the vendor disclose records to someone other than the person receiving services, the vendor shall promptly notify the USPO/USPSO of the request and disclosure. Additionally, the vendor must inform the USPO/USPSO of any exceptions to the disclosure of, or an individual’s right of access to, treatment or protected health information that might apply.

(7) Not disclose “pretrial services information” concerning pretrial services defendants. “Pretrial services information,” as defined by the “Pretrial Services Confidentiality Regulations,” is “any information, whether recorded or not, that is obtained or developed by a pretrial services officer (or a probation officer performing pretrial services duties) in the course of performing pretrial services.” Pretrial Services Confidentiality Regulations, §2.A. Generally, any information developed by an officer performing pretrial services that is shared with the vendor will be confidential pretrial services information. Only a judicial officer or a Chief USPO/USPSO may authorize disclosure of pretrial services information to a third party pursuant to the Pretrial Services Confidentiality Regulations. Any doubts about whether a potential disclosure concerns pretrial services information must be resolved by consultation with the USPO/USPSO.

(8) The vendor and its subcontractors are authorized to access criminal history information available in pretrial services or probation records that have been provided by the USPO/USPSO. This information is provided solely for the purpose of providing services under this contract. Any unauthorized re-disclosure of this information may result in termination of this contract and the imposition of civil penalties. The vendor must ensure that all personnel accessing this information understand the confidentiality requirements and strictly adhere to them to avoid any

BPA-Solicitation Number: 0540-27-0036 Page C- 15 of 26 breaches.

(9) Ensure that all persons having access to or custody of defendant/person under supervision records follow the disclosure and confidentiality requirements of this agreement and federal law.

(10) Notify the CO immediately upon receipt of a subpoena requiring disclosure of defendant/person under supervision records maintained in accordance with this agreement.

(11) As a covered entity, the vendor is responsible for adhering to HIPAA requirements and providing and updating any necessary consent forms that federal, state or local law requires.

c. File Content

The vendor’s file on each defendant/person under supervision shall contain the following records:

(1) Chronological Notes that:

(a) Timely document all significant contacts with the defendant/person under supervision, including those with the USPO/USPSO and others, whether in person, by telephone, or through any other form of protected electronic communication. These records shall clearly document all notifications of absences and any apparent conduct violating programmatic rules and/or seen or unforeseen risk to the individual and/or the public.

(b) Are in accordance with the professional standards of the individual disciplines and with the respective state law on health care records.

(c) Include a signed disclosure and permission form from the defendant/person under supervision if Artificial Intelligence (AI) will be used for documentation. The consent form shall include a clear explanation of the purpose of AI, how AI works in the delivery of treatment services, the security measures in place, and the defendant’s/person under supervision’s right to withdraw consent for the use of AI at any time. AI technology shall be HIPAA compliant, secure, and confidential.

(d) Ensure a thorough and accurate record of the defendant’s/person under supervision’s treatment and progress and should include the following information: sessions attended; topics covered during each session; the defendant’s/person under supervision’s level of participation and motivation; clinical goals of treatment; methodologies and types of therapy applied any changes made to the treatment plan; the defendant’s/person under supervision’s observed progress, or lack thereof, toward reaching the goals; specific achievements; instances of failure to attend sessions without prior notice and approval; any failed assignments; programmatic rule violations; and consequences for noted

BPA-Solicitation Number: 0540-27-0036 Page C- 16 of 26 violations.

(e) Are created in English, current and available for review by the

USPO/USPSO or CO and by the Probation and Pretrial Services Office (PPSO) at the Administrative Office.

(f) Chronological notes shall be legible, dated and signed/electronically certified by the practitioner, to include the practitioner’s licensure/credentials.

(2) Probation Form 45 and Amended Probation Form 45 that:

(a) The USPO/USPSO prepares which identifies the vendor services to be provided to the defendant/person under supervision, as well as any required co-payments. These services are billed to the Judiciary under the terms of agreement. The Judiciary is not obligated to reimburse for any services that were not authorized on the Probation Form 45, nor for any services provided in excess of services authorized. Discretion for payments rests with the CO.

(b) The USPO/USPSO shall amend…