11038_RFP_Doc.pdf

CITY OF MADISON

REQUEST FOR PROPOSALS

RFP #: 11038-0-2022-AH

Title: Drug and Alcohol Testing Services

City Agency: Human Resources

Due Date: Friday, 07/22/22

2:00 PM CST

REQUEST FOR PROPOSALS RFP # 11038-0-2022-AH

Rev. 07/28/2016-01. 11038_RFP Updated.doc Page i

Table of Contents

1 NOTICE TO PROPOSERS

1.1 Summary

1.2 Important Dates

1.3 Format

1.4 Labeling

1.5 Delivery of Proposals

1.6 Appendix A: Standard Terms & Conditions

1.7 Appendix B: Sample Contract for Purchase of Services

1.8 Affirmative Action Notice

1.9 Multiple Proposals

1.10 City of Madison Contact Information

1.11 Inquiries and Clarifications

1.12 Addenda

1.13 Bid Distribution Networks

1.14 Local Vendor Preference

1.15 Oral Presentations/Site Visits/Meetings

1.16 Acceptance/Rejection of Proposals

1.17 Withdrawal or Revision of Proposals

1.18 Non-Material and Material Variances

1.19 Public Records

1.20 Usage Reports

1.21 Partial Award

1.22 Tax Exempt

1.23 Cooperative Purchasing

1.24 Proposers Responsibility

2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Project Overview

2.2 Term

2.3 Testing Services

2.4 Applicable Law and Policies

2.5 Alcohol Testing

2.6 Drug Testing

2.7 Availability of Specimen Collection and Testing

2.8 Types of Tests

2.9 Location, Times and Personnel for Specimen Collection and Alcohol Testing

2.10 Confidentiality

2.11 Expert Witness

2.12 Federal Reporting of Results, Record Retention and Access

2.13 Qualifications

2.14 Communication

3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 General Information and Signatures

3.2 Background Questions

3.3 Technical Qualifications

3.4 Cost Proposal

3.5 Scoring

Form A: Signature Affidavit Form B: Receipt of Forms and Submittal Checklist Form C: Vendor Profile Form D: Cost Proposal Form E: References

Rev. 07/28/2016-01. 11038_RFP Updated.doc Page ii

Appendix A: Standard Terms & Conditions Appendix B: Contract for Purchase of Services

01. 11038_RFP Updated.doc Page 1

1 NOTICE TO PROPOSERS

1.1 Summary

The City of Madison Human Resources (“City”) is soliciting Proposals from qualified vendors for Drug and Alcohol Testing Services . Vendors submitting Proposals (“Proposers”) are required to read this Request for Proposals (“RFP”) in its entirety and follow the instructions contained herein.

1.2 Important Dates

Deliver Proposals no later than the due time and date indicated below. The City will reject late Proposals:

Issue Date: Friday, 07/01/22 Questions Due Date: Friday, 07/08/22

Answers Posted Date: Friday, 07/15/22 Due Date: Friday, 07/22/22 , 2:00 PM CST

1.3 Format

Submit Technical and Cost Proposals (Form D) in separate, distinct parts within the proposal package.

Hardcopy proposals typed and securely bound on 8.5 by 11-inch paper, otherwise identical to the electronic version.

Electronic proposal in a PDF format stored on a common media (CD, DVD, or flash drive), identical in content and sequence to hardcopy proposals submitted.

Cost Proposal (Form D): One Copy Technical Proposal: Three Copies Electronic Proposal: One (1) complete copy. Cost and Technical Proposals should be separate files.

The City will not consider illegible Proposals.

Elaborate proposals (i.e., expensive artwork) beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

Complete and return Forms A through E to City of Madison Purchasing Services by Enter the Due Date, 2:00 PM CST.

NOTICE: Currently, City of Madison is accepting proposals in electronic format only. Large files can be sent via document sharing services such as DropBox.

1.4 Labeling

All proposals must be clearly labeled:

Proposer’s Name and Address

RFP #: 11038-0-2022-AH

Title: Drug and Alcohol Testing Services Due: Friday, 07/22/22 , 2:00 PM CST

All email correspondence must include RFP #11038-0-2022-AH in the subject line.

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1.5 Delivery of Proposals

Delivery of hard copies to: City of Madison Purchasing Services

City County Building, Room 407 210 Martin Luther King Jr. Blvd.

Madison, WI 53703

Delivery of electronic copy to: via email to bids@cityofmadison.com or on a commonly used media with the hard copies.

Proposals must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

Note: When mailing your response via a third party delivery service, the outside of the packaging MUST be clearly marked with the RFP name and number. This ensures that the bid can be delivered to the correct purchasing agent without having to open the bid.

1.6 Appendix A: Standard Terms & Conditions

Proposers are responsible for reviewing this attachment prior to submission of their Proposals. City of Madison Standard Terms and Conditions are the minimum requirements for the submission of Proposals.

1.7 Appendix B: Sample Contract for Purchase of Services

Proposers are responsible for reviewing this attachment prior to submission of their Proposals. The Sample Contract for Purchase of Services shall serve as the basis of the contract resulting from this RFP.

The terms of this template contract shall become contractual obligations following award of the RFP. By submitting a proposal, Proposers affirm their willingness to enter into a contract containing these terms.

1.8 Affirmative Action Notice

If Contractor employs 15 or more employees and does aggregate annual business with the City of $50,000 or more for the calendar year in which the PO and/or Contract is in effect, Contractor shall file, within thirty (30) days from the PO/Contract effective date and BEFORE RELEASE OF PAYMENT, an Affirmative Action Plan designed to ensure that the Contractor provides equal employment opportunity to all and takes affirmative action in its utilization of applicants and employees who are women, minorities and/or persons with disabilities. A sample affirmative action plan, Request for Exemption forms, and instructions are available at: www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms or by contacting a Contract Compliance Specialist at the City of Madison Affirmative Action Division at (608) 266-4910. Vendors must register for an account to complete the required forms online, here: https://elam.cityofmadison.com/citizenaccess

Contractor shall also allow maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this PO/Contract.

Job postings: All contractors who employ 15 or more employees (regardless of the dollar amount of this contract or their annual aggregate business with the City) must notify the City of all external job openings at locations in Dane County, Wisconsin, and agree to interview candidates referred by the City or its designated organization. Job posting information is available at: http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program. Instructions for contractors: http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

The complete set of Affirmative Action requirements for this purchase can be found in paragraph 20 of Appendix A – Standard Terms and Conditions and, if applicable, in Section 13 of Appendix B – Sample Contract for Purchase of Services.

mailto:bids@cityofmadison.com http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms http://www.cityofmadison.com/civil-rights/contract-compliance/vendors-suppliers/forms https://elam.cityofmadison.com/citizenaccess/ http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/programs/referrals-and-interviews-for-sustainable-employment-raise-program http://www.cityofmadison.com/civil-rights/documents/RaISE_Job_Posting_Instructions.pdf

01. 11038_RFP Updated.doc Page 3

1.9 Multiple Proposals

Multiple Proposals from Proposers are permitted; however, each must fully conform to the requirements for submission. Proposers must sequentially label (e.g., Proposal #1, Proposal #2) and separately package each Proposal. Proposers may submit alternate pricing schemes without having to submit multiple Proposals.

1.10 City of Madison Contact Information

The City of Madison Enter the City Agency is the procuring agency:

Erin Hilson City of Madison Enter the City Agency ehilson @cityofmadison.com

The City of Madison Purchasing Services administers the procurement function:

Andy Hargianto Purchasing Services City-County Bldg, Room 407 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703-3346 bids@cityofmadison.com

For questions regarding Affirmative Action Plans please contact:

Contract Compliance Department of Civil Rights City-County Bldg., Room 523 210 Martin Luther King, Jr. Blvd.

Madison, WI 53703

PH: (608) 266-4910

dcr@cityofmadison.com

The City employs spam filtering that occasionally blocks legitimate emails, holding them in ‘quarantine” for four calendar days. The contacts listed in this RFP will acknowledge all emails received. Proposers not receiving acknowledgement within twenty-four hours shall follow-up via phone with specific information identifying the originating email address for message recovery.

1.11 Inquiries and Clarifications

Proposers are to raise any questions they have about the RFP document without delay. Direct all questions, in writing, to the Purchasing Services administrator listed in Section 1.10.

Proposers finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP document shall immediately notify the Buyer and request clarification. In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda – see 1.12 below. Proposers are strongly encouraged to check for addenda regularly.

Proposals should be as responsive as possible to the provisions stated herein. Exceptions are not permitted. The City of Madison reserves the right to disqualify any and all bids that are non-responsive or that include exceptions.

1.12 Addenda

In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda to its Proposals distribution websites – see 1.13 below. It is the Proposers responsibility to regularly monitor the websites for any such postings. Proposers must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

mailto:bids@cityofmadison.com mailto:dcr@cityofmadison.com

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1.13 Bid Distribution Networks

The City of Madison posts all Request for Proposals, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the Proposers responsibility to regularly monitor the bid distribution network for any such postings. Proposers failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City Proposers.

State of Wisconsin VendorNet System:

State of Wisconsin and local agencies bid network. Registration is free.

http://vendornet.state.wi.us/vendornet

DemandStar by Onvia: National bid network – Free subscription is available to access

Proposals from the City of Madison and other Wisconsin agencies, participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in WAPP.

Bid Opportunities: www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm

Home Page: www.demandstar.com

To Register: https://www.demandstar.com/app/registration

Please note when registering: Pick the Wisconsin Association of Public Procurement (WAPP) to select all current Wisconsin government agencies.

1.14 Local Vendor Preference

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website: www.cityofmadison.com/business/localPurchasing.

1.15 Oral Presentations/Site Visits/Meetings

Proposers may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFP process. Such presentations, meetings or site visits will be at the Proposers expense.

1.16 Acceptance/Rejection of Proposals

The City reserves the right to accept or reject any or all proposals submitted, in whole or in part, and to waive any informalities or technicalities, which at the City's discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any proposer responding to this request. The City expressly reserves the right to reject any and all proposals responding to this invitation without indicating any reasons for such rejection(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

1.17 Withdrawal or Revision of Proposals

Proposers may, without prejudice, withdraw Proposals submitted prior to the date and time specified for receipt of Proposals by requesting such withdrawal before the due time and date of the submission of Proposals. After the due date of submission of Proposals, no Proposals may be withdrawn for a period of http://vendornet.state.wi.us/vendornet http://www.cityofmadison.com/finance/purchasing/bidDemandStar.cfm http://www.demandstar.com/ https://www.demandstar.com/app/registration http://www.cityofmadison.com/business/localPurchasing

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90 days or as otherwise specified or provided by law. Proposers may modify their Proposals at any time prior to opening of Proposals.

1.18 Non-Material and Material Variances

The City reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the City, it is in the City’s best interest to do so. The determination of materiality is in the sole discretion of the City.

1.19 Public Records

Proposers are hereby notified that all information submitted in response to this RFP may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret”defined in State of Wisconsin Statutesmay be held confidential.

Proposers shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information, deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90(1)(c).

s. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to Proposers prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of Proposals from public viewuntil such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all Proposals will be available for review in accordance with such laws.

1.20 Usage Reports

Annually, the successful Proposers shall furnish to City Purchasing usage reports summarizing the ordering history for each department served during the previous contract year. The report, at a minimum, must include each and every item or service ordered during the period, its total quantities and dollars by item/service and in total. The City reserves the right to request usage reports at any time and request additional information, if required, when reviewing contract activity.

1.21 Partial Award

Unless otherwise noted, it will be assumed that Proposers will accept an order for all or part of the items/services priced.

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1.22 Tax Exempt

The City of Madison as a municipality is exempt from payment of federal excise taxes (Registration Number 39-73-0411-K) and State of Wisconsin taxes per Wisconsin statute 77.54(9a). Federal Tax ID #39-6005507. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42916.

1.23 Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district; board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFB as a basis;

they are made solely between the bidders and third party unit of government.

1.24 Proposers Responsibility

Proposers shall examine this RFP and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting contract, as a consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Proposers to fulfill the requirements of the resulting contract.

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2 DESCRIPTION OF SERVICES/COMMODITIES

2.1 Project Overview

The City of Madison is soliciting proposals from qualified contractors to provide controlled substance and alcohol testing and urine drug collection in compliance with the Omnibus Transportation Employee Testing Act of 1991 for employees who perform work in safety sensitive positions or who are required to hold Commercial Drivers Licenses (CDLs). The drug and alcohol testing program must be in compliance with Department of Transportation procedures contained in 49 CFR Part 40 and, for Metro Transit employees, Federal Transit Administration regulations contained in 49 CFR Part 655. Other federal and state laws and regulations may also apply. These are hereinafter referred to as "applicable law." The “applicable law” is the law “as currently in effect and as may be amended from time-to-time.”

In addition testing must be conducted in accordance with Appendix C: City of Madison Alcohol and Drug Testing Policy, and for transit employees Appendix D: Metro Transit Drug and Alcohol Policy.

The City of Madison has approximately 400 employees in the general DOT safety-sensitive pool, and 350 safety sensitive employees in the Metro transit pool. The yearly volume for pre-employment testing is at least 200 per year. Testing is done at designated employer sites.

2.2 Term

The contract term will be an initial three years with additional two one-year renewal options by mutual agreement of both parties. There will be no automatic renewals. Contract(s) will be reviewed by the City before a decision is made. Subsequent contracts, if renewed, will be enforced under the same terms and conditions of the original bid.

Vendor performance will be taken into consideration in the decision to continue into each of the optional periods or to terminate and re-bid this contract. Upon expiration of the initial term or subsequent one-year renewal(s), this contract will remain in full force and effect on a month-to--month basis, and the City of Madison or the Contractor shall give written notifıcation of at least thirty (30) days prior to termination.

It is the intent that the contract will begin January 1, 2023.

2.3 Testing Services

The Contractor shall promptly conduct alcohol and/or drug testing, including urine collection and related activities as appropriate, on all individuals referred by the City of Madison and Metro Transit.

2.4 Applicable Law and Policies

All testing and related activities must conform to applicable state, federal and local law and City of Madison and Metro Transit Policies. It is the Contractor’s responsibility to be familiar with and refer to all applicable policies and laws for specific testing requirements.

2.5 Alcohol Testing

Alcohol testing shall be conducted by a Breath Alcohol Technician (BAT), or any other person approved by the US Department of Transportation (USDOT), using an Evidential Breath Testing Device (EBT) as specified by applicable law to measure the amount of breath alcohol concentration (BAC) in a volume of breath, or any other test used to detect the bodily presence of alcohol that is approved by the United States Department of Transportation (USDOT)/Federal Transit Administration (FTA).

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2.6 Drug Testing

Urine specimen collection and controlled substance testing shall be conducted using a scientifically reliable method and performed in accordance with the United States Department of Health and Human Services (USDHHS) approved procedures to determine the presence of the following controlled substances: cocaine, marijuana, opioids, amphetamines, phencyclidine. Controlled substances testing shall be conducted by a USDHHS certified laboratory.

2.7 Availability of Specimen Collection and Testing

Urine specimen collection for controlled substances and alcohol testing services shall be available on a 24 hour basis, 365 days a year for random, reasonable suspicion, follow-up and post-accident testing since there are City of Madison employees on duty at all times. Laboratory testing of urine samples may be done during the laboratory's normal working hours.

2.8 Types of Tests

The above services shall be provided by the selected Contractor under the following circumstances:

1. Pre-Employment Testing. All City of Madison job applicants may be tested for controlled substances prior to employment. Pre-employment testing may also be done for employees returning from leave or layoff.

2. Random Testing:

a. Alcohol

• DOT covered employees: Federal regulations require that no less than 10% of the average number of DOT covered employees performing safety sensitive functions and/or required to hold CDLs shall be tested annually. Alcohol testing must occur just before, during, or just after the time that an employee to be tested is on duty. The percentage-testing requirement is subject to annual revision by DOT. Contractor shall be responsible for testing any additional individuals in the event the percentage is revised upwards.

• FTA covered employees: Federal regulations require that no less than 10% of the average number of Metro Transit employees performing safety sensitive functions shall be tested annually. The percentage-testing requirement is subject to annual revision by FTA. Contractor shall be responsible for testing any additional individuals in the event the percentage is revised upwards.

b. Controlled Substances

• DOT covered employees: Federal regulations require that no less than 50% of the average number of DOT covered employees performing safety sensitive functions and/or required to hold CDLs shall be tested annually. The percentage- testing requirement is subject to annual revision by DOT. Contractor shall be responsible for testing any additional individuals in the event the percentage is revised upwards.

• FTA covered employees: Federal regulations require that no less than 50% of the average number of Metro Transit employees performing safety sensitive functions shall be tested annually. The percentage- testing requirement is subject to annual revision by FTA. Contractor shall be responsible for testing any additional individuals in the event the percentage is revised upwards.

c. The selected Contractor shall generate a list of employees to be tested, from a list of those in the testing pool provided by City. The list shall be generated using a statistically valid method recommended by Contractor and approved by the City. Each employee shall have an equal chance of being selected for testing each time selections are made.

01. 11038_RFP Updated.doc Page 9

At least quarterly, the City will supply the selected Contractor with a list of those in the testing pool.

d. The number of tests and the scheduled times of the tests for employees shall be determined by the City. Over sampling by randomly selecting more employees than the number to be tested will be necessary in order to compensate for employees unavailable due to such things as vacations, sick leave, injury leave, and family leave.

e. The selected Contractor shall keep the names and other information concerning employees selected for random testing in the strictest of confidence prior to testing both to protect privacy and to maintain integrity of the testing process. Information pertaining to employees shall only be released to the Designated City Representative (DCR) selected by the City’s Director of Human Resources and/or Transit General Manager.

f. It is estimated that 400 DOT covered employees and 350 Metro Transit employees are subject to random testing. Contractor is advised that the actual number may be more or less than that figure.

g. The City Human Resources or other individual authorized by the City agency must be promptly informed of any employee who tests at a .02 BAC or higher and of any driver who will be delayed due to an inability or refusal to provide either a sufficient breath or urine specimen so that the City may adjust work schedules. In addition, given the State of Wisconsin "zero tolerance" standard, the City shall be promptly informed of any employee testing other than 0.00 BAC.

3. Reasonable Suspicion Testing. Urine specimen collection for controlled substance testing and alcohol testing based on a properly trained supervisor's reasonable suspicion that one of his/her employees is using or has used or is under the influence of alcohol or a controlled substance while at work must be available on an as needed basis and be timely conducted in accordance with City policies.

4. Post-Accident Testing

a. Urine collection for controlled substance testing and alcohol testing shall be available on an as needed basis and be conducted as soon as practicable following a USDOT defined accident.

b. Employees involved in these accidents shall be subject to a breath alcohol test no later than eight (8) hours following an accident and to a controlled substance test no later than 32 hours following an accident.

5. Return to Duty Testing

a. Return to duty alcohol testing shall be conducted for employees removed from duty for testing positive before returning to work as directed by the Substance Abuse Professional.

b. Return to duty urine specimen collection and subsequent testing shall be conducted for employees testing positive before returning to work as directed by the Substance Abuse Professional. FTA return-to-duty tests shall be observed by a same-gender, or preferred-gender observer.

6. Follow-up Testing

a. Unannounced follow up testing shall be conducted a minimum of six (6) times in the first

12 months for each employee who tested positive for alcohol and/or controlled substances as defined in the Policies and who has complied with the return to duty testing provisions. The actual number of follow up tests and the duration of the tests will be determined by the Substance Abuse Professional(s). DOT follow-up tests shall be

01. 11038_RFP Updated.doc Page 10 observed by a same-gender, or preferred-gender observer. The employer will schedule the follow up test.

2.9 Location, Times and Personnel for Specimen Collection and Alcohol Testing

All testing will take place at the Selected Contractor's collection site(s) or on-site at the employer’s location. The Collection Site(s) shall be located in the Madison urbanized area and within ten (10) miles of the Metro Transit Administration building. Preference will be given to vendors that can provide on-site collection.

2.10 Confidentiality

Information concerning tested employees shall be kept in the strictest confidence and only be released in accordance with applicable federal, state and local law and City Policies.

2.11 Expert Witness

The key employees of the Selected Contractor shall be available to serve as an expert witness in any court or administrative proceeding arising out of this controlled substance and alcohol testing program.

2.12 Federal Reporting of Results, Record Retention and Access.

1. The Selected Contractor, as the City’s agent must meet all record retention and confidentiality standards specified in applicable law. Records shall be maintained in a secure location with controlled access.

2. The Selected Contractor will be responsible for quarterly provision of management information statistical reports that enable the City of Madison to meet the USDOT/FTA annual reporting requirements. Any deficiencies in the reports shall be promptly corrected by Contractor after notice thereof by the City, and the report resubmitted.

3. Records in the possession of the Selected Contractor shall be made available for inspection, within two (2) business days after, a request has been made by an authorized representative of the USDOT/FTA and/or the City.

2.13 Qualifications

The Contractor, its facilities and all its employees performing testing services under this contract shall meet all applicable professional training and licensing requirements in applicable Federal, State and local laws and City of Policy. This includes possessing and maintaining in good standing all certifications and/or licenses and complying with all initial and ongoing qualifications training requirements.

2.14 Communication

The Contractor shall promptly inform the City CDR of problems, irregularities and concerns related to the testing services under this Agreement. This includes the failure of an employee to appear for a test, any attempts by an employee to defeat or contaminate a test, and the like.

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3 REQUIRED INFORMATION AND CONTENT OF PROPOSALS

3.1 General Information and Signatures

1. Form A – Signature Affidavit

2. Form B – Receipt Forms and Submittal Checklist

3. Form C – Vendor Profile Information

4. Form E – References

3.2 Background Questions

Responses must be in the same sequence as listed and must be identified with the corresponding question number, i.e., Question 1, Question 2, etc.

1. Company and History - Describe briefly your firm’s background and history. State organization’s size: local, regional, national and international, in relation to providing services requested in this RFP. State the location of the office from which this engagement will be serviced and the range of activities performed at that office. If you will be using subcontractors, please make note of that.

2. Team Members Servicing This Contract - Describe individual team members. Include names, titles, roles, and responsibilities for each team member. Identify the primary contact for the City of Madison.

3. Years and type of experience performing DOT testing, FMCSA testing, FTA testing, and provide related user experience data related to these services.

3.3 Technical Qualifications

Responses must be in the same sequence as listed and must be identified with the corresponding question number, i.e., Question 1, Question 2, etc.

1. The City will evaluate the experience of the proposer in conducting similar drug and alcohol testing programs. Emphasis will be given to those firms with experience and/or knowledge of the public sector and transit industry. Provide a description of relevant experience, especially in projects of a similar size and scope.

2. Demonstrate an understanding of applicable law and a familiarity with USDOT/FTA/FMCSA drug and alcohol testing requirements, including training in said area.

3. Discuss the proposed methodology of collecting and testing, including chain of custody and sample collecting process, including preferred location and specimen analysis procedures.

Include copies of proposed forms to be used. Describe how the method proposed will impact the City of Madison and Metro Transit. Include anticipated response times for post-accident and reasonable suspicion testing to any City of Madison location.

4. Describe how the urine specimens and breath samples will be collected. Provide a list of testing and collection sites with their addresses and hours of business. Describe how collection services will be provided on 24 hour basis, 365 days per year, including during evening hours, weekends, and holidays.

5. Provide information regarding the estimated amount of time required for collection, analysis, review of each test, and lead time needed for scheduling specimen collection.

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6. Describe your contract administration strategy for controlling the contract quality, invoicing accuracy, correcting mistakes, achieving specific deliverables for the project objective and scope of services.

7. Include a discussion of staffing allocation, as it relates to ensuring prompt service, customer satisfaction, prompt complaint resolution, employee performance, adhering to contract schedules, timely initiation and completion of work, etc. This includes ability to provide randomized testing lists at least two weeks prior to each quarter.

8. Describe the bias training required of all collectors and subcontractors used to ensure racial bias related to sampling and testing is mitigated.

9. Describe ability to provide on-site or mobile testing.

10. Describe how the need for observed tests will be accommodated, including information about how to ensure collector gender same-gender or preferred-gender requirements are addressed.

11. Provide any additional information that may not be have specifically requested but deemed essential to your proposal.

12. Submit a sample invoice that will be used by your organization, during the term of the contract.

3.4 Cost Proposal

Please submit cost proposal, Form D, separate from the rest of the proposal.

3.5 Scoring

20 percent of score will be related to ability to provide on-site or mobile collection.

30 percent of score will be attributable to proposed cost.

50 percent of score will be attributable to the proposer company’s capacity, capability to meet the needs of City of Madison, as well as prior client satisfactions, and the submitted technical proposal.

Rev. 07/20/2015-02. RFP-FormA-SignatureAffidavit.doc

Form A: Signature Affidavit

RFP #: 10038-0-2022 Drug and Alcohol Testing Services for Human Resources

This form must be returned with your response.

In signing Proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise take any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit Proposals, that Proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that Proposals have not been knowingly disclosed prior to the opening of Proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, submitting this Proposals, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposals, declares that the attached Proposals and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation.

Proposers shall provide the information requested below. Include the legal name of the Proposers and signature of the person(s) legally authorized to bind the Proposers to a contract.

COMPANY NAME

SIGNATURE DATE

PRINT NAME OF PERSON SIGNING

Rev. 07/20/2015-03. RFP-FormB-Receipt.doc

Form B: Receipt of Forms and Submittal Checklist

Services for Human Resources

This form must be returned with your response.

Proposers hereby acknowledge the receipt and/or submittal of the following forms:

Forms Initial to

Acknowledge

SUBMITTAL

Initial to Acknowledge

RECEIPT

Description of Services/Commodities N/A

Form A: Signature Affidavit

Form B: Receipt of Forms and Submittal Checklist

Form C: Vendor Profile

Form D: Fee Proposal

Form E: Exceptions (if applicable)

Appendix A: Standard Terms & Conditions N/A

Appendix B: Contract for Purchase of Services N/A

Addendum #

Addendum #

Addendum #

Addendum #

VENDOR NAME

Rev. 07/20/2015-05. RFP-FormC-VendorProfile.doc

Form C: Vendor Profile

Services for Human Resources

This form must be returned with your response.

COMPANY INFORMATION

COMPANY NAME (Make sure to use your complete, legal company name.)

FEIN (If FEIN is not applicable, SSN collected upon award) CONTACT NAME (Able to answer questions about proposal.) TITLE

TELEPHONE NUMBER FAX NUMBER

EMAIL

ADDRESS CITY STATE ZIP

AFFIRMATIVE ACTION CONTACT

The successful Contractor, who employs more than 15 employees and whose aggregate annual business with the City for the calendar year, in which the contract takes effect, is more than twenty-five thousand dollars ($25,000), will be required to comply with the City of Madison Affirmative Action Ordinance, Section 39.02(9) within thirty (30) days of award of contract.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

ORDERS/BILLING CONTACT

Address where City purchase orders/contracts are to be mailed and person the department contacts concerning orders and billing.

CONTACT NAME TITLE

TELEPHONE NUMBER FAX NUMBER

LOCAL VENDOR STATUS

The City of Madison has adopted a local preference purchasing policy granting a scoring preference to local suppliers. Only suppliers registered as of the bid’s due date will receive preference. Learn more and register at the City of Madison website.

CHECK ONLY ONE:

Yes, we are a local vendor and have registered on the City of Madison website under the following category: www.cityofmadison.com/business/localPurchasing

No, we are not a local vendor or have not registered.

http://www.cityofmadison.com/business/localPurchasing

Rev. 07/20/2015-06. RFP-FormE-References.doc

Form E: References

Services for Human Resources

This form must be returned with your response.

REFERENCE #1 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

CONTRACT PERIOD YEAR COMPLETED TOTAL COST

DESCRIPTION OF THE PERFORMED WORK

REFERENCE #2 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

REFERENCE #3 – CLIENT INFORMATION

COMPANY NAME CONTACT NAME

ADDRESS CITY STATE ZIP

TELEPHONE NUMBER FAX NUMBER

EMAIL

STC 02.24.2022.docx Page 1

CITY OF MADISON

1. General. Throughout this document, "City of Madison," "City" and "Purchasing" shall be synonymous and mean the City of Madison. The words "bid" and "proposal" are synonymous, as are the words "bidder," "proposer" and "contractor." The phrases "request for proposal," "invitation for bids," "request," "invitation," and "solicitation" shall also be synonymous.

As applied to the winning or selected bidder, the words "bid," "proposal," and "contract" are synonymous.

2. Entire Agreement, Order of Precedence. These standard terms and conditions shall apply to any Purchase Order issued as a result of this Request for Bid/Proposal, except where expressly stated otherwise in the RFP or in a written instrument covering this purchase signed by an authorized representative of the City and the Contractor, in a form approved by the City Attorney (a “Separate Contract”). If such a separate contract is executed it shall constitute the entire agreement and no other terms and conditions, whether oral or written, shall be effective or binding unless expressly agreed to in writing by the City.

If a Separate Contract is not executed, these Standard Terms and Conditions, the City’s request for proposals, the version of the vendor’s bid that was accepted by the City, and the City’s Purchase Order (if any) shall constitute a contract and will be the entire agreement.

Order of Precedence: If there is a conflict between this Section A and any terms in the vendor’s accepted bid or proposal, this Section A shall control unless the parties expressly agree to another order of precedence, in writing. If there is a conflict between this Section A and a Separate Contract, the terms and conditions of the Separate Contract shall control.

I. TERMS FOR SUBMISSION OF BIDS: The following section applies to the bid/selection process only.

3. This invitation for bids does not commit the City to award a contract, pay any costs incurred in preparation of bids, or to procure or contract for services or equipment. The City may require the bidder to participate in negotiation and to submit such additional price or technical or other revisions to his or her bids as may result from negotiation. The bidder shall be responsible for all costs incurred as part of his or her participation in the pre-award process.

The City reserves the right to accept or reject any or all bids submitted, in whole or in part, and to waive any informalities or technicalities which at the City’s discretion are determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any offeror responding to this request. The City expressly reserves the right to reject any and all bids responding to this invitation without indicating any reasons for such rejections(s).

The City reserves the right to postpone due dates and openings for its own convenience and to withdraw this solicitation at any time without prior notice.

4. Addenda. Changes affecting the specifications will be made by addenda. Changes may include, or result in, a postponement in the bid due date. Bidders are required to complete the Bidder Response Sheet, acknowledging receipt of all parts of the bid, including al l addenda.

5. Price Proposal. All bidders are required to identify the proposed manufacturer and model, and to indicate the proposed delivery time on the attached Proposal Form. Failure to do so may cause the bid to be considered not responsive. If desired, the bidder may include product literature and specifications. The price quoted will remain firm throughout each contract period. Any price increase proposed shall be submitted sixty (60) calendar days prior to subsequent contract periods and shall be limited to fully documented cost increases to the bidder which are demonstrated to be industry-wide.

6. Price Inclusion. The price quoted in any bid shall include all items of labor, materials, tools, equipment, and other costs necessary to ful ly complete the furnishing and delivery of equipment or services pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in these specifications.

7. Pricing and Discount.

a. Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea., etc.) as stated on the bid/proposal or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price. If an apparent mistake exists in the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

b. In determination of award, discounts for early payment will only be considered when all other conditions are equal. Early payment is defined as payment within fifteen (15) days providing the discount terms are deemed favorable. All payment terms must allow the option of Net 30.

8. F.O.B. Destination Freight Prepaid. Bid prices must include all handling, transportation and insurance charges. Failure to bid FOB Destination Freight Prepaid may disqualify your bid.

9. Award.

a. The City will have sole discretion as to the methodology used in making the award. Where none is specified, the award will be made to the lowest responsible bidder in compliance with the specifications and requirements of this solicitation.

b. The right is reserved to make a separate award of each item, group of items or all items, and to make an award in whole or in part, whichever is deemed in the best interest of the City.

10. Responsiveness and Responsibility. Award will be made to the responsible and responsive bidder whose bid is most advantageous to the City with price and other factors considered. For the purposes of this project, responsiveness is defined as the bidder’s conformance to the requirements of the solicitation. Being not responsive includes the failure to furnish information requested.

Responsibility is defined as the bidder’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into

Appendix A: Standard Terms and Conditions fnarh Rectangle

STC 02.24.2022.docx Page 2 account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The City reserves the right to refuse to accept any bid from any person, firm or corporation that is in arrears or is in default to the City, or has failed to perform faithfully any previous contract with the City. If requested, the bidder must present within five (5) working days evidence satisfactory to the City of performance ability and possession of necessary facilities, financial resources, adequate insurance, and any other resources required to determine the bidder’s ability to comply with the terms of this solicitation document.

11. Cancellation.

a. The City reserves the right to cancel this bid, in whole or in part, at any time for any reason. The City may, in its sole discretion and without any reason, cancel or terminate any contract or purchase order awarded as a result of this bid, in whole or in part, without penalty, by providing ten (10) days written notice thereof to the contractor.

a. In the event the Bidder shall default in any of the covenants, agreements, commitments, or conditions and any such default shall continue unremedied for a period of ten (10) days after written notice to the Bidder, the City may, at its option and in addition to all other rights and remedies which it may have, terminate the Agreement and all rights of the Bidder under the Agreement.

b. Failure to maintain the required certificates of insurance, permits, licenses and bonds will be cause for contract termination. If the Bidder fails to maintain and keep in force the insurance, if required, the City shall have the right to cancel and terminate the contract without notice.

II. CONDITIONS OF PURCHASE: The following section applies to purchases/contracts after the award. See Paragraphs 1 & 2 for applicability and order of precedence.

12. Specifications.

a. All bidders must be in compliance with all specifications and any drawings provided with this solicitation. Exceptions taken to these specifications must be noted on your bid.

b. When specific manufacturer and model numbers are used, they are to establish a design, type, construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and the bidder/proposer is responsible for providing sufficient information to establish equivalency. The City shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates which do not meet specifications, which may result in rejection of their bid/proposal.

13. Regulatory Compliance.

a. Seller represents and warrants that the goods or services furnished hereunder, including all labels, packages, and container for said goods, comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act (OSHA), as amended, with respect to design, manufacture or use for their intended purpose of said goods or services. Seller shall furnish Material Safety Data Sheets (MSDS) whenever applicable.

b. If it is determined by the City that such standards are not met, the seller agrees to bear all costs required to meet the minimum standards as stated above for the equipment/products furnished under this contract.

14. Warranty. Unless otherwise specifically stated by the bidder, products shall be warranted against defects by the bidder for ninety (90) days from the date of receipt. If bidder or manufacturer offers warranty that exceeds 90 days, such warranty shall prevail.

15. Ownership of Printing Materials. All artwork, camera-ready copy, negative, dies, photos and similar materials used to produce a printing job shall become the property of the City. Any furnished materials shall remain the property of the City. Failure to meet this requirement will disqualify your bid.

16. Item Return Policy. Bidder will be required to accept return of products ordered in error for up to twenty-one (21) calendar days from date of…