353R08-RFQ - Attachment A - Statement of Work - 5.12.15.pdf

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ATTACHMENT A

STATEMENT OF WORK

Request for Quote Issued Against

RFA 353R08 – “Third Party Commercial Driver’s License Skills Testing Services (3rd Party Testers)”

Solicitation Number: 353R08-RFQ1 for Contracted Third Party Testers to Become a Certified Trainer and Contracted Third Party Testers to Develop, Implement, and Provide a Training Program for

Commercial Driver License Examiners

SECTION 1: Overview of PennDOT’s Third Party Commercial Driver’s License Skills Testing Services Contract (RFA 353R08):

A “Third Party Tester” can be a person, an agency of Pennsylvania, an employer, a private institution, association or driver training school, or a department, agency or instrumentality of local government. The Third Party Tester enters into an agreement with the Department and must administer the same skills test that the Department would administer.

The license the applicant ultimately receives is a valid Pennsylvania commercial driver’s license (CDL). Given the potential for fraudulent issuance of licenses or the potential for individuals to be licensed who do not have the required level of skill to operate today’s commercial vehicles, the selected Third Party Testers will be required to meet a stringent set of performance standards. These standards include criteria for employees, facilities, document security, training, equipment and testing procedures. These requirements are consistent with those used by the department when establishing skills testing at a state-operated facility.

The purpose of a Third Party Testers Agreement is to establish procedures to permit persons other than employees of the Department of Transportation to conduct the skills test required for commercial driver’s applicants. Third Party Testers will be authorized to administer skills tests to employees and nonemployees. A fee may be levied by the Third Party Tester to commercial driver applicants for test administration and commercial motor vehicle use. Authority to administer skills tests will be granted only to Third Party Testers under agreement with the Department and utilizing Third Party Examiners certified by the Department.

The Department is seeking current Third Party Testers to become certified Third Party Training Providers to train CDL Examiners. Only current contracted Third Party Testers through RFA 353R08 are eligible to provide a quote for this Request for Quotes. Approved Third Party Training Providers will receive an Amendment to their current Third Party Tester agreement with the Department. See Attachment D – Sample Amendment.

NOTE: Current Third Party Testers are permitted to submit an application for a satellite location to provide the training.

For example: A Third Party Tester is currently contracted to provide Examiner testing at a site located in Mechanicsburg, PA. This Third Party Tester could propose the use of a satellite training facility in Johnstown, PA, provided that the site meets all the requirements of RFA 353R08 and this Request for Quotes.

All Terms and Conditions from RFA 353R08 are applicable and are incorporated by reference.

SECTION 2: Overview of the Rules and Regulations for the Testing of Commercial Drivers and Requirements for Commercial Driver’s License Examiners:

The Federal Motor Carrier Safety Administration (FMCSA) published final rules related to the testing of commercial drivers. All existing CDL Examiners will be required to complete a 3-day update course to be recertified as examiners. Any new CDL Examiners will be required to complete a 5-day training course. All training must be in compliance with 49 CFR § 384.228(d) and (f): Examiner training and record checks.

http://www.dot.state.pa.us/ http://www.fmcsa.dot.gov/regulations/title49/section/384.228 and Contracted Third Party Testers to Develop, Implement, and Provide a Training Program for

Commercial Driver License Examiners

The Department will provide all needed training material for the training and update courses. All training material provided must be used, and no other training materials may be created or used without prior written Department approval. The CDL Examiners taking the training cannot be made aware of the training material or tests before taking the training; therefore, training materials and the exact content of the Commercial Driver Skills Test must be kept confidential, and may never be published or shared with any individual not approved in advance by the Department.

Any person found to have distributed, published, or in any way provided access to the content of the training or testing materials will be punished to the full extent of the law, including but not limited to termination of his or her employer’s agreement under this RFQ.

The new test will be in compliance with § 383.113: Required skills, § 383.133(c): Test methods, and § 383.135(d) and (f): Passing knowledge and skills tests. Additional information about the CDL Driver Skills Test can be found in Sections 11, 12 and 13 of the CDL Driver’s Manual.

SECTION 3: Objective for Current Contracted Third Party Testers through RFA 353R08 to Become a Certified Trainer:

If selected as a Third Party Training Provider, you may send no more than three (3) CDL Examiners as training candidates to a one (1) week training course provided by the Department. All training will be conducted at the Lewistown Driver License Center located at 13187 Ferguson Valley Rd, near the Burnham/Yeagertown Exit of Route

322. It is anticipated the training will be conducted in late May and early June. There will be no charge for the Department’s training course but you must bear all travel and associated expenses.

Once the Third Party Training Provider training candidates are trained they may only train CDL Examiner applicants approved by the Department. When training is complete, the Third Party Training Provider must notify the Department that the applicant has successfully co-scored CDL testing. If the CDL Examiner has only been trained to examine a limited type of vehicle(s), it must be indicated in the training certificate.

SECTION 4: Objective for the Third Party CDL Examiner Training Program to be Administered by Current Contracted Third Party Testers through RFA 353R08:

The Department is seeking current contracted Third Party Testers to provide an Examiner Training Program in geographic locations throughout the Commonwealth. The Department is seeking to award one (1) location in the five (5) County Philadelphia area (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties respectively) and multiple sites in the Department’s Engineering Districts 1, 2, 3, 9 and 12.

Interested Contracted Third Party Testers are encouraged to refer to Attachment C – Driver License Site Map. Be advised that Attachment C identifies the Department’s 11 Engineering Districts by reflecting a number/digit for each Engineering District. The Driver License Districts shown are represented by different colors for a total of six (6) Driver License Districts plus the region of Philadelphia.

http://www.fmcsa.dot.gov/regulations/title49/section/383.113 http://www.fmcsa.dot.gov/regulations/title49/section/383.133 http://www.fmcsa.dot.gov/regulations/title49/section/383.135 http://www.fmcsa.dot.gov/regulations/title49/section/383.135 http://www.fmcsa.dot.gov/registration/commercial-drivers-license/commercial-drivers-license-manual and Contracted Third Party Testers to Develop, Implement, and Provide a Training Program for

Commercial Driver License Examiners Currently, there are approximately 317 Third Party CDL Examiners throughout the Commonwealth. At this time, only existing/approved Third Party CDL Examiners are to be trained. The Department reserves the right to add training for new Third Party CDL Examiners at any time throughout the life of the awarded contracts.

Third Party CDL Examiners currently approved by PennDOT will be required to reapply to be a CDL Examiner and once approved attend training at a Department-approved Third Party Examiner Training Provider. Third Party CDL Examiners may be charged directly for the training.

All CDL Skills tests administered on and after June 14, 2015, must be administered by an examiner that has completed the required update training. Refresher training must be offered until all interested examiners receive the update training. It is anticipated that training for new CDL examiners will begin being offering in the summer of 2015.

It is anticipated that any current contracted Third Party Testers selected as a Third Party Examiner Training Provider will provide all Third Party CDL Examiner training throughout the life of the Contract. CDL Examiner training courses shall not have a ratio greater than three students to one examiner trainer.

Selected Third Party Examiner Training Providers will be required to designate training facilities that meet the same security, testing pad dimensions, and vehicle road worthiness standards as the CDL Third Party Tester’s RFA 353R08 contract requirements. The Department will inspect all training facilities before the any examiner may be trained. The Department will periodically review your training facility and if it is found not to be training examiners to the Departments’ requirements or satisfaction, the authorization to conduct examiner training may be rescinded.

You may collect reasonable enrollment fees from the Third Party CDL Examiner’s you train. Fees must be based on your actual costs associated with this program.

Responsiveness and Responsibility Requirements:

To be considered to become a regional Third Party Examiner Training Provider, interested contracted Third Party Testers must meet the following responsive and responsibility requirements. The Department will verify the following information upon receipt of an application:

1. You are a current CDL Third Party Tester with a minimum of three (3) years’ experience as a Third Party

Tester.

2. You can provide CDL Skills testing for both Class A and Class B vehicles.

3. You have not had a negative audit or disciplinary action taken against you or your “trainer” candidate(s) within the past five years.

4. You have or are able to obtain all necessary resources to train examiners on all vehicle types.

5. You are an open test site, meaning you test the public and not just your own employees.

6. You do not have any outstanding obligations and/or performance entries in Commonwealth Responsibility

Program (CRP) within the past two (2) years.

7. Assurance that you will train the examiner applicants approved by the Department.

and Contracted Third Party Testers to Develop, Implement, and Provide a Training Program for

Commercial Driver License Examiners

Insurance:

In accordance with RFA 353R08, Part IV–XIV. Test Administration, Paragraph C.3.b., Insurance, and awarded CDL Testers will be required to have a current Insurance Certificate on file with the Department or provide a current certificate of insurance to the Department.